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PZC Minutes 02-25-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Billy Carroll, Kevin Foley, Frank Bonzani,
ALTERNATES PRESENT: Cody Guarnieri
STAFF PRESENT: Michele Lipe, Town Planner; Jeff Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

  • Appl. 14-09P, Evergreen Walk LLC - request for a reapproval of the General~Plan of Development~layout including 725,000 sf of retail; 200 residential dwelling units; 75,000 sf of recreation space; 250 hotel rooms; 550,000 sf of office space to be located on 151 Buckland Road (within ‘Evergreen Walk’), on the westerly side of Buckland Road, on the southerly side of Deming Street and northerly of Smith Street, Buckland Road Gateway Development Zone
  • Appl.14-10P, Anixter, Inc – request for a site plan modification for a parking lot expansion and reconfiguration as well as façade changes to a portion of the building to accommodate the new tenant, on property located 1315 John Fitch Boulevard (Nassau Furniture Building), I zone
REGULAR MEETING / MADDEN ROOM

CALL TO ORDER:  Chairman Bart Pacekonis called the Regular Meeting to order at 7:30 p.m.

PUBLIC PARTICIPATION:

NEW BUSINESS: Discussion/Decision/Action regarding the following:

THE FOLLOWING ARE MOTIONS MADE DURING THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION HELD IN THE MADDEN ROOM

  • Appl. 14-08P, Vigurs Major Home Occupation dba Your Hair - request for renewal of a 5-year major home occupation for a hair salon at 643 Pleasant Valley Road, A-20 zone
Ms Martha Vigurs of 643 Pleasant Valley Road introduced her request for renewal of a 5-year major home occupation for the hair salon, ‘Your Hair’. She stated nothing has changed with the business and that this is her fifth application for the business which began in 1994.

Chairman Pacekonis asked whether she would like to amend her hours of operation. Ms Vigurs stated occasionally a client will ask for an appointment outside of her normal hours though it does not occur regularly.

The Planner suggested adding ‘or by appointment’ to her normal hours of operation.

Town Planner Lipe gave staff comments:

  • This is a request for a renewal of a 5-year permit for home occupation that was originally granted for in February of 1994 to operate a hair dressing salon, on property located at 643 Pleasant Valley Road, A-20 zone.
  • The scope of the occupation is not proposed to change. The hours of operation are Wednesday & Thursday,~4:30 p.m. - 8:00 p.m.; Friday,~9:00 a.m. – 5:00 p.m.; and Saturday, 8:00 a.m. – 1:00 p.m.
  • The applicant has a sign as allowed in the regulations.
  • Public sewer and water serve the existing house.
  • Sherry McGann, the Town’s Environmental Health Officer, has requested copies of all staff members Cosmetology licenses issued by CT Department of Public Health be submitted to the Health Department.
  • The Planning Department has not received any complaints regarding this home occupation.
If this renewal is approved, the applicant will have to return to this Commission for renewal upon expiration of the 5-year permit period. Planning Department requests that original approval conditions remain in effect.

Vice Chairman Wilson made a motion to approve with the following conditions:

  • The business must be operated by the homeowner.
  • The permit will expire on 2/25/19 and will have to be renewed at that time.
  • Only one non-resident employee can be hired.
  • Hours of operation are Wednesday and Thursday,~4:30 p.m. - 8:00 p.m.; Friday,~9:00 a.m. – 5:00 p.m.; Saturday, 8:00 a.m. – 1:00 p.m.; and other days by appointment.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
  • Parking for the business is to be situated in the rear of the property designated as ‘Proposed Parking B’ as shown on plans submitted.  No parking spaces to be constructed and no parking allowed in the area shown as ‘Proposed Parking A’.
Chairman Pacekonis seated Alternate Commissioner Guarnieri for Commissioner Kuehnel.

Commissioner Carroll seconded the motion
The motion carried and the vote was unanimous.

  • Appl. 14-02P, Folsom Construction – a site plan modification for Lot #1 to add a 18,014 sq ft industrial building; and a site plan of development for Lot #2 to add 8,425 sq ft industrial building and associated parking, on property located at 591 and 595 Nutmeg Road North, I zone
Mr. Peter DeMallie of Design Professionals, Inc., representing Folsom Construction, spoke with a heavy heart with the loss of Mr. Lloyd Folsom, Jr. and their young employee, Connor Betts, and stated Design Professionals, Inc. is now proceeding on behalf of Folsom Construction. IWA/CC approval was received on 2/19/14 for the project.
The 9.26 acre site is located on the former Waldo Brothers site located on Nutmeg Road North which connects Strong Road and Governor’s Highway in the industrial zone. The intent is to divide the site into two parcels by way of a free split into Lot #1 measuring 7.98 acres to be known as 595 Nutmeg Road North and Lot #2 measuring 1.44 acres. Stouten Brook, now housed within a pipe underground, used to flow between the two designated lots.

Folsom Construction was established in 1991 by Lloyd Folsom on Rye Street on a one acre site and building which they have outgrown. The new Nutmeg Road North site layout shows the original Waldo building on Lot #1 replaced by a two story 18,014 sf building to be Folsom Construction’s headquarters and operation facility which will include 4,000 sf of office space and 3,300 sf of warehouse space and 10,600 sf of industrial space. Parking is proposed in the front and side of building. 39 spaces are required. A waiver of 18 spaces is requested for the spaces to be in reserve with 21 remaining spaces deemed adequate for the construction business. Lot #2 is proposed to have a 8,425 sf building with 2,400 sf of office space, 6,025 sf industrial space with 20 parking spaces required and 21 provided. This facility is being built on speculation without a known tenant.

They are proposing to add 1.2 acres to the existing paving at the rear of the site for the operation yard for storage of construction equipment, pipes, storm structures, tanks, trailers, pay-loaders and excavators. The area will be used for the processing and screening of materials used in construction and the stock piles will be stored there. There are only commercial industrial neighbors in the area.

The impervious coverage of Lot #1 will be 34% of the 65% allowed and Lot #2 will be 35%. There is an access and exit driveway to the rear. The 11% of the tract on the former and existing Stouten Brook is wetlands. The only direct wetlands impact is at the end of the storm drainage pipe where installation of riprap at the end is recommended to bring it up to today’s standards. The outlet structure in old detention basin will be replaced.
Lot #2 was redesigned at the request of Environmental Planner Jeff Folger to be moved away from Stouten Brook by shifting the building and improvements closer to the corner. Mr. DeMallie then described the area of the head waters of Stouten Brook, its wetlands and topography. Runoff from Lot #1 is captured by the existing system, discharged into the detention pond which outlet structure has no flow restriction. The existing system does not meet standards for today’s water quality standards. Existing runoff from Lot #2 goes over land and into the detention basin area. Proposed conditions are designed to hold back the peak rate of discharge for 2, 10, 25 and 100 year storm events. A series of stilling basins, a dry well and storm ceptors are to be installed to meet all standards for water quality. All utilities are underground. The infiltration system is designed to handle a 100 year storm.
Floor drains will be addressed in their WPCA submittals.

Lighting plan has been submitted. Low profile full cut off LED lights will supply even distribution of light throughout the site. Lot #1 has seven building mounted lights and eight poles. Lot #2 will have two building mounted fixtures to the front and one to the rear.

Landscape architecture includes perennial foundation plantings and shrubs and interior plantings for 5% of both parking lots. Lot #1 will have dogwoods planted along the driveway and evergreens to screen the rear view. Lot #2 will have four pin oaks planted along Nutmeg Road North and four service berry trees in the parking lot with arborvitae obscuring the dumpster.

The Economic Development Commission endorsed the project in January, IWA/CC on February 19th and ADRC on January 9th and they expect to meet with WPCA on March 4. The Town Council is considering a tax abatement which has been endorsed by the Economic Development Commission.

They have been using the yard temporarily to store pipe for a water installation project to meet water requirements for UConn in Tolland. They have applied for a T&C permit for the use of the yard until the as built is complete and certificates of occupancy for the buildings are issued.

Mr. Kevin Jodice from PDS Engineering, Inc described architecture of the buildings.

Attorney Wayne Gerlt clarified the property was leased last year to store material and later a purchase agreement was negotiated.   

Town Planner gave staff comments:

  • Request for approval of a site plan modification for Lot #1 to add a 18,014 sf industrial building; and a site plan of development for Lot #2 to add 8,425 sf industrial building and associated parking, on property located at 595 and 591 Nutmeg Road North, I zone
  • This site is the former Waldo Brothers site and had an industrial building that collapsed during the winter of 2011.  A lot has now cut out through the “free split” provision along Nutmeg Road North.  The new lot is 1.4 acres and meets all the requirements for an industrial lot. The property will be 591 Nutmeg Road North.  
  • The site plan modification proposal for 595 Nutmeg Road north includes the construction of a 15,000 square feet industrial building including approximately 4,000 square feet of office space. They will continue to use the single access off of Nutmeg Road North for the site.  At full build, the maximum impervious coverage allowed is 65%, 34% proposed. Proposed building height is 2 stories feet; 40 feet allowed. Front yard setback is about 290+ feet, 35 feet required. The parking requirement for this building is 39 spaces, 21 have been provided with an additional 18 spaces shown in reserve.  
  • There are overhead doors shown along both the northerly and southerly side of the building. There are outdoor storage areas proposed on the site plan to the rear of the building for equipment storage as well as bins set up for material storage.  In addition, the westerly part of the site will be cleared and will be used as an ‘operations yard’ for the storage of construction materials, pipes, trailers, and material stockpiles.
  • It is the applicant’s intent to screen materials to be used in site construction.  The materials screened will not be sold from the site other than incidental sales. It should be noted that all outdoor storage of materials and equipment must be screened from the public way and should be accomplished with existing vegetation and the new building.
  • The second site plan proposed is for a 8,425 sf industrial building with approximately 2400 sf of office space. There will be a single access off of Nutmeg Road North for the site.  At full build, the maximum impervious coverage allowed is 65%, 35.4% proposed. Proposed building height is less that the 40 feet allowed. Front yard setback is about 80 feet, 35 feet required. The parking requirement for this building is 20 spaces, 20 spaces have been provided.  
  • New site lighting will consist of full cutoff light poles in the parking area, 25 foot in height, as well as building mounted lighting.
  • Signage proposed at either site must meet the zoning requirements for free standing signs and building signs in industrial zones.  There is no signage proposed at this time for the second building.
  • Architectural and Design Review Committee reviewed this site on January 9.  They were satisfied with the proposal as presented.
  • There are regulated wetlands that affect both lots.  The applicant received IWA/CC approval with modifications on February 19, with a $5,000 bond for erosion & sediment control and a $10,000 bond for the installation of the stormwater system.  
  • The site is served by public water and sewer. Water Pollution Control Authority approval is required for the sewer connections.
  • The Fire Marshal has reviewed the plan and has no comments.
  • As indicated by the applicant’s representatives, the site is currently being used for storage of material as well as construction equipment. A temporary and conditional permit has been submitted to address this.  
  • If this application is approved, the Planning Department has no further modifications to request.
Town Engineer, Jeff Doolittle, stated Engineering has reviewed the revised site plan received on 2/20/14 and has the following comments:  

  • The lower outlet orifice in the detention basin outlet structure was changed to 3” diameter.  The drainage report needs to be revised to provide the proposed peak discharge for the various storms using a 3” lower orifice.  The proposed peak discharges shall be no greater than the existing discharges from the site.  
  • The detail for the detention basin outlet structure (sheet D-1) should show the overall trash rack dimensions.
  • The plan shows the roof drains for the lot 1 building discharging to grade, which may create slippery ice conditions on the pavement near the garage doors.  Consider piping the roof leaders to nearby catch basins or stilling basins.  
  • Curb stops should be installed at the ends of the parking spaces before the flush sidewalk in front of the proposed building on Lot 2.  
  • Install a 2 foot wide stone strip (2”-6” stone) as a level spreader/erosion control measure for stormwater flow on the north side of the paved parking areas on Lot 2 where there is no curb.  
  • The detail for the rip rap swale outlet (sheet D-2) from the 3 stilling basins to the brook needs to show rip rap on filter fabric all the way up both sides of these swales, so the sides of these swales do not erode.  
  • Show all the dimensions of the Infiltration Swale on sheet D-3.  Label the depth of the topsoil in this swale.  I suggest a 2 foot wide apron of 2”-6” stone be added on the side of the swale by the operations yard to catch any sediment and debris before it gets into this swale.  
  • On Sheet LA-1 the 90’ dimension (E-W) of the proposed building on Lot 1 does not agree with the scaled building dimension.  
  • On Sheet GR-1 the note for the 2’ Riprap Swale on Lot 2 does not appear to be needed.   
  • The Town must be able to access the existing Drainage Easement on the southern edge of the proposed Lot 2 to inspect and maintain the storm drainage pipe and outfall there.   This easement needs to be kept clear of any structures, dumpster pads, lights, filling or grading and plantings that may interfere with Town use of and access to this area, as stated in the easement.  
  • An oil separator tank should be shown if there are any floor drains in the garage area of the building on lot 1 and be connected to the sanitary sewer, as approved by the WPCA.
  • An application must be made to the WPCA for their review and approval of the new sanitary sewer connection on both lots 1 and 2.  
Commissioner Carroll made a motion to approve with the following modifications:

  • Prior to commencement of any site work, a meeting must be held with Town Staff.
  • No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
  • This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of $5,000 for erosion and sedimentation control and $10,000 for stormwater structures.
  • A landscape bond in the amount of $5000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed.
  • All bonds must be in one of the forms described in the enclosed Bond Policy.
  • An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.3 of the Zoning Regulations.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
  • The building street number must be included on the final plan.
  • Pavement markings must be maintained in good condition throughout the site drives and parking areas.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued (per CGS §14-311).
  • Engineering comments dated 2/25/14 must be incorporated into the final plans.
  • All outdoor activities must be screened from the public way in accordance with Section 2.11.
  • No retail or wholesale sales of materials are permitted.
Commissioner Foley seconded the motion.
The motion carried and the vote was unanimous.

Chairman Pacekonis extended the sincere condolences of the Planning & Zoning Commission to the Folsom and Betts family for their losses.

  • Appl. 14-07P, South Windsor Stone & Landscaping Supply, LLC – request to the expand the special exception granted to Article 4, Table 4.1.1A for a landscape material sales and storage business located at 287 Strong Road to include the property at 275 Strong Road, and site plan modification for the combined properties, I zone
Commissioner Foley, who had previously recused himself from the application, left the meeting.

Chairman Pacekonis stated the application is on for discussion and decision and reviewed the Special Exception criteria. He voiced concern for the volume of trucks entering, exiting and within the site and potential conflicts with other vehicles and negative impacts on residential property values and impacting quality of life issues. He asked whether the site is suited for the additional use. The stock piles of material, some as high as 14 feet, will not screened by the 6 foot fences. A balance between neighborhood acceptance and community needs to be found. Complaints from the neighborhood arose only when screening activities occurred. Neighbors provided violations of site approval. Violations continued to occur even after the Town was involved with screening continuing through the summer despite violations. The Chairman stated the Commission is not comfortable with solutions discussed and the willingness of the applicant to stay in compliance with their approvals. Decision can be postponed to within the 65 day period in order to contemplate the best solution.

Commissioner Carroll stated they had not yet received revisions to the driveway for its expansion to accommodate truck traffic suggested by Commissioner Marrero at the last meeting. Commissioner Bonzani visited the site and found it to be too tight to be conducive for the work proposed given what went on last summer with screening and trucks coming in, turning around and exiting.  Commissioner Carroll questioned why the processing of materials could not be done on their other site across the street. Commissioner Bonzani had no issues with having a large supply of the screened top soil in a bin on site for sale but that the site is not large enough for all operations proposed.

The Chairman asked if the applicant meets current approval conditions. The Planner stated they presently spill over into the adjacent residential lot. The Chairman summarized they are not in favor of the application as presented and will make a motion to deny with conditions.

Commissioner Carroll asked how compliance would be enforced. The Planner stated the applicant is attempting to comply by seeking a new approval with this application. If this application is denied they will have to go back to their original approval. If noncompliance continues there will be zoning enforcement.

Vice Chairman Wilson expressed concerns with the applicant’s nonconformance with the original conditions of approval for special exception and ongoing site violations. She stated since the Commission is all in one voice the application should be tabled until the next meeting to be sure the denial covers all points where the applicant has not adhered to the original conditions of special exception approval.

The Chairman stated the Commission will put together a motion to deny with the reasons for denial for the next meeting. The Planner stated if denied with specific reasons the court can look for those specific reasons supported in the record or if denied without specific reasons the court will look at the record for reasons. The Chair directed the Planner to draft denial conditions with the Town Attorney for the next meeting with the understanding there is the potential for litigation whether the application is approved or denied.

Vice Chairman Wilson made a motion to table the application until the next meeting. Commissioner Guarnieri seconded the motion. The motion carried and the vote was unanimous.

  • Appl. 14-01P, Redland Brick Surety Policy Waiver – request to allow the required reclamation bond be issued by Fidelity and Deposit Company
Lipe explained the request. The Commissioners felt because this was a longer term bond and the company had a history of completing the restoration, they were comfortable with the bond submitted.

Commissioner Carroll made a motion to waive the surety policy for this request.  Commissioner Bonzani seconded the motion.  The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

Bond Reduction:

  • Appl. 07-69P, Dzen Tree Farm Phase 4 Subdivision Bond in the amount of $120,000 to be reduced by $13,000 to leave a balance of $107,000
Commissioner Wilson made a motion to reduce the above mentioned bond. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.

MINUTES:  1/28/14 and 2/11/14 adopted by consensus.

OLD BUSINESS:    

OTHER BUSINESS:  

The Town Planner reminded the Commission about the FOI/Ethics training session scheduled for March 3rd, the CT Federation of Planning & Zoning Agencies Annual Conference on March 13th and PZC training with the Town Attorney on April 15th.

Planner Lipe also gave clarification on abutter notification for pending applications.  She also discussed the use of screening in lieu of a 50 foot buffer for community gardens in residential areas. The Commission concurred with this application of the regulations. Lipe also described the bus shelter project being worked on.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:07 p.m. was made by Vice Chairman Wilson
Seconded by Commissioner Bonzani
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary