Town of South Windsor, CT Agendas & Minutes Archive

PZC Minutes 04-08-14

MEMBERS PRESENT: Bart Pacekonis, Billy Carroll, Elizabeth Kuehnel, Kevin Foley

ALTERNATES PRESENT: Cody Guarnieri

STAFF PRESENT: Michele Lipe, Town Planner; Jeff Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

Appl. 14-23P, Oakland Express– request for renewal of 2 year temporary and conditional permit (Section 2.13.a) to allow U-Haul Rentals from property located at 249 Oakland Road, RC zone

PUBLIC HEARING / COUNCIL CHAMBERS

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

Chairman Pacekonis seated Alternate Commissioner Guarnieri for Commissioner Wilson.

Commissioner Carroll read the legal notice as it was published in the Journal Inquirer on Thursday, March 27, 2014 and Thursday, April 3, 2014.

Appl. 14-21P, Mannarino Builders, Inc. – request for a Zone Change of approximately 6.2 acres from Rural Residential to Designed Residence Zone and a General Plan of Development for an 18 unit development to be known as ‘Clark Estates’, on property located on the easterly side of Clark Street, approx. 380 feet south of Pleasant Valley Road

Mr. Christian Alford, Professional Engineer/Land Surveyor from Alford Associates representing Mannarino Builders, Inc, and their attorney, Ralph Alexander, presented the request for a zone change and approval of a general plan of development and conducted a power point presentation.

The 6.16 acre parcel has 692’ of frontage on Clark Street, a minor collector road. The site is bordered to the north and west by Westage of South Windsor Condominiums which has large pine trees on the abutting property line. CLP borders the south side. There are single family houses on the west side of Clark Street. There are no wetlands on the site.

The existing zone of the site and the properties to the north and west is rural residential. The proposed Design Residence Zone will be a good fit as an intermediate density between the rural residential and the multifamily at the Westage property.

Eighteen homes are proposed on a 600’ long public street with a 50’ wide right of way with adequate sight distance. Sanitary sewer and public water is available from Clark Street. Drainage was described. There will be open space between the development and Clark Street which will act as a buffer between development and the public street. A new sidewalk is proposed on Clark Street and the new town road.

The development of 18 homes will be condominium of common interest ownership. The density calculation is based on zoning regulations which permit 3 units per buildable acre of land. Twenty percent of the units will be ‘affordable’ to equal four units. The units will be two to three bedroom homes similar to those built by Mannarino Builders at Avery Meadow, a DRZ zone, ten years ago.

Per regulations of 3,500 sq ft per unit of undeveloped recreation land, the open space will be a 1.6 acre recreation grass field and a gazebo will also be constructed in an area near Clark Street.

All homes will have garages and basements with exterior entrances and parking for at least two cars in the driveways. The parking of mobile homes and trailers would be prohibited on the property. A bus shelter is proposed at the new road and Clark Street.

Exterior buffer landscaping of evergreens, pines and spruce is proposed along Clark Street to buffer the open space field. Supplemental pines will be planted near the pines on the Westage property. Landscaping will be put in place adjacent to the CLP property and buffering between the detention basin and homes. Shrubs and arborvitae will be planted to define the public open space area from the backyards of the units. The homes will be 21’ apart and 25’ from the public road.

Attorney Ralph Alexander representing the applicant addressed the need for affordable housing within the DRZ zone stating the town is currently behind in its quota for affordable housing. The attorney submitted a 2012 survey (Exhibit A) which showed the majority of affordable housing to be elderly housing. There is currently no deed restricted housing in South Windsor. They are proposing four units of affordable housing.

The applicant has been working with town staff and CRCOG for affordable housing price ranges. A letter from CRCOG was submitted (Exhibit B) upon which the prices are based. The price for a two bedroom unit with 20% down would be $281,373; with 10 % down it would be $250,109. The price for a three bedroom unit with 20% down the price would be in the range of $340,000 and with 10 % down $302,000. The location of the affordable units would be spread out through the development. The attorney distributed a proposed deed restriction document (Exhibit C). The restriction would be enforced by the Town Zoning Enforcement Officer. The price range for the re-sales would be handled through the Town’s Human Services Department in concert with CRCOG. This document would be included in the deed for the four affordable units and would run with the land for a fifteen year affordability period. The price ranges CRCOG has determined are high but meet CRCOG’s criteria for affordable housing in the area.

Town Planner, Michele Lipe, gave staff comments:

Request for a zone change from RR to Designed Residence Zone for 6.2 acres and a General Plan of Development for an 18 unit development to be known as ‘Clark Estates’, on property located on the easterly side of Clark Street.
The subject site is adjacent to existing multi-family zoned property along the northerly and easterly borders. There are three single family homes along Clark Street to the west that are in the RR zone and the vacant land to the south is also in the RR zone. A zoning map has been provided.
The proposal is for 18 single family homes as a part of a common interest community. Twenty percent of the units to be “affordable units” which equals 4 units. This percentage is based on the density the applicant is seeking – in this case 3 units per acre. These affordable units would count towards the state’s goal of each community 10% of their housing units affordable and would be the first unit’s deed restricted in this fashion. (The town would need 185 more units to meet that goal). The developer’s attorney has provided a sample document they would propose to use as a covenant on the land records. One concern we have raised with the applicant is the duration of the deed restriction. We would recommend a 40 year restriction to be consistent with the affordable housing statute.
Section 8.3 includes criteria for zone change, including but not limited to:

The goals, objectives, and recommendations of the Plan of Conservation and Development;
The purposes of zoning and of these regulations;
Changes that have taken place in the rate and pattern of development and land use within the Town and adjoining communities;
The supply of land available in the present and proposed zone;
The physical suitability of the land for the proposed zone;
The impact on the capacity of the present and proposed utilities, streets, drainage systems, and other improvements;
The general character and zoning of the neighborhood;
Impacts on the surrounding area;
Traffic congestion impacts;
The impact on surrounding property values;
The environmental impacts;
The health and general welfare of the community;
Neighborhood acceptance weighed against community needs; and
The protection of historic factors.

The Town Plan “Future Land Use Map” indicates that this residential area to be sewered and is serviced by public water.
The Housing Element of the Town Plan of Conservation includes goals that are relevant to this application, including:

Allow flexibility in meeting emerging housing preferences and needs – allow a multi-family type development as a transition. This is the first project of it type approved since 1996 providing for smaller households, and incorporating energy efficient measures in their project.
Monitor Housing Affordability - Town could encourage affordable housing and provides such tools as density bonuses to create affordable units.

A zone change is the appropriate time to discuss traffic impacts. The applicant’s traffic report indicates that the area roadway network is sufficient to accommodate traffic generated by the proposed development.
The purpose of the general plan is to show the planned use and layout of the property if the zone change is approved, including the general layout of utilities, drainage, open space/ recreation areas. The information depicted in the General Plan is meant to be viewed as general information, with engineering details to be provided at the site plan stage. This two-step method provides the opportunity for the Commission to determine whether the designed residence use is appropriate for this site, and to make meaningful revisions if appropriate, prior to the applicant spending a substantial amount of money on full engineering. Special exception and site plan of development approval would be required prior to any construction on this site.
The general plan shows a new town road built to town standards. A sidewalk is proposed along the Clark Street frontage as well as one side of the new road.
Proposed impervious coverage is about 24%, 30% allowed. The applicant has provided a breakdown of unit types, open space requirements, parking requirements in accordance with the Designed Residence regulations.
The DRZ zone requires 600 sq ft of developed recreation area per unit or 3,600 square feet of undeveloped recreation area pre unit which equates to 1.45 acres. The applicant has designated open field/lawn area in the front of the parcel along the Clark Street frontage as passive recreation and is adding a walking trail with gazebo. The walking trail as shown is 4’ wide with bluestone.
There is no buffer requirement along all property boundaries as was required in past developments. In 2007 the PZC changed this regulation to require a 40 foot perimeter setback around the entire parcel and within that area landscaping screening and treatments are expected. The applicant may want to consider a soft berm or more of a variety of landscaping along the Clark Street frontage.
All units are proposed to be single-family units and will range in size and unit type. The affordable units must be dispersed among the other units. The applicant should be aware that placement of decks, pools and sheds will be very limited for these units.
There are no regulated wetlands on this site. IWA/CC approval is not required for the general plan; if PZC approves this application, then the applicant will need approval from the IWA/CC for an erosion and sedimentation site plan.
Public water and sewer are available. The applicant’s engineer has indicated that the utilities have adequate capacity to support this development.
Trash disposal will be handled through the use of individual containers
The site is more than 500 feet from a Town boundary, so no referral to CRCOG was required.
If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the Town Plan of Conservation and Development.

Town Engineer, Jeff Doolitte, gave staff comments:

Any existing storm drainage or sanitary sewer or utilities along Clark Street that conflict with the proposed road must be relocated.
Several yard drains are shown in the back yards of units and tie in to the street drainage system. All yard drains are to be privately owned and maintained.
The Town will review the storm water system submitted with the site plan and comment at that time. Revisions may be required including relocating the inlet and/or outlet to the detention basin. The Town may want the detention basin outlet connected to MH 2 instead of the catch basin just uphill. A review of the design of the storm water system in Clark Street and analysis of the impacts of this new development will be required.
The proposed detention basin inlet and outlet need to be accessible so they can be maintained.
All utilities must be underground in the proposed road. Any service boxes, or transformers must be flush with the ground, especially in the cul-de-sac.
The grading for this development must be shown on the site plan and is expected to be entirely on this parcel or rights to grade obtained from neighboring parcels.
The proposed sidewalks must be at least 4 feet from the curb, and should go behind any conflicting utility poles. Sidewalks must go around any existing utility manholes, gate boxes, or other devices or these utility devices can be relocated. Provide handicap ramps in accordance with ADA standards.
WPCA review and approval of the site plan is required.

Commissioner Carroll read three letters into the record: one from Robert Dickinson of 19 Birch Street concerning a bikeway/sidewalk (Exhibit D) and two letters in opposition to the application from Cindy and Stan Nadolny of 153 Clark Street (Exhibit E) and Steve Cabaniss, Property Manager for Westage at South Windsor Condominium representing 143 residents (Exhibit F).

Mr. Robert Dickinson spoke in favor of the application and tree plantings and asked that trees be moved back when planted so they do not overhang the walkway.

Ms Erin Dutton, condominium owner at Westage, spoke in opposition to the application describing the development as excessive to put 18 homes on 6 acres and if approved she will move.

Ms Josette Lachance, 33 year resident of 135 Clark Street, spoke in opposition to the application, having no objection to new homes being built but finds 18 houses on 6 acres excessive.

Mr. Pete Oborski, resident at Westage, spoke in opposition to the application for 18 homes with an average cost of more than $300,000 per unit is a $6,000,000 project. He encouraged that berms and other landscaping enhancements be added to the plan to modify the affect on their condominiums.

Ms Joanne Sevigny, 16 year resident of Westage, spoke in opposition to the application with the addition of 18 homes creating noise and traffic.

Commissioner Foley asked the Town Planner about the history of the parcel and the proposed 15 year deed restriction where the Town requests 40 years. Planner Lipe stated a typical set aside development under state statute would have a 40 year restriction and will propose it to be consistent with the statute.

Chairman Pacekonis asked the Planner about the criteria on which affordability is structured and if there is a maximum number for affordability units. Ms Lipe stated the sliding scale for density is spelled out within the regulations. The Chairman asked Mr. Rob Mannarino if the number of units could be reduced given the opposition from the public regarding the number of units in the development. Mr. Mannarino replied, with 4 affordable units, their incentive is density and did not believe 15 or 16 units would make a difference. If it came down to 10 units, they would not do the project. They plan to create a very nice development with an association taking care of yard maintenance.

The Chairman asked how many units would be allowed under current zoning. The Planner answered up to 5 to 6 lots. He asked if the Town maintains detention basins. The Town Engineer, Jeff Doolittle, replied it varies dependant on the development. The Town maintains detention basins for subdivisions as they maintain the roads. Fitch Meadow on Route 5 would be the closest example as similar zone development where the Town maintains the road and has an easement to maintain the detention basin.

The Chairman asked about the proposed landscaping along Clark Road and moving the trees back to not inhibit pedestrian travel. Mr. Alford replied the trees are shown 25’ off the property line with room to grow and would be a mixture of pine and spruce.

The Chairman stated he understood the comments from the public that the development could be considered excessive but that it is contained to one small area with only 18 units. If berms were required the existing vegetative buffer and tree line would have to be removed to create them. The Chairman asked Mr. Peter Oborski from the Westage development what enhancements he would propose. Mr. Oborski suggested for safety purposes having a sidewalk running around the corner on Pleasant Valley Road and expressed concerns about the current tree line being damaged and increased use of people walking their dogs there. He also suggested increasing plantings at their tree line with staggered 6’ tall evergreens to create a sense of privacy.

The Town Planner stated some of the trees along the street line appear to conflict with utilities and if the plan is approved that the landscaping plan is revised to take note of where the utilities are so no trees are planted on top of them.

The public hearing closed at 8:25p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 8:30 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. 14-16, J.E. Shepard Company– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow a two-family house on property located at 2019 John Fitch Boulevard, I zone

Mr. Tim Shepard presented the request with no changes proposed.

Town Planner gave staff comments:

Request for renewal of a temporary and conditional permit for an apartment in the existing house at 2019 John Fitch Boulevard, I zone. There is also an existing industrial building on the site that is currently not in use.

The applicant applied to the ZBA in October 2005 to make this into a permanent two family house, however, the applicant was denied a variance as the Board did not think there was any hardship demonstrated. The applicant then applied to this commission for a T & C permit, which was granted in April 2006 and renewed in 2008, 2010 and 2012.

The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”

There are no Engineering comments on this application.

If this application is approved, the Planning Department has no modifications to request.

Commissioner Carroll made a motion to approve with the following modifications:

The two-year temporary and conditional permit for this apartment will expire on April 8, 2016.

Commissioner Kuehnel seconded the motion

The motion carried and the vote was unanimous.

Appl. 14-17P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a modular office at 185 Governor’s Highway, I zone

Mr. Tim Shepard presented the request with no changes proposed.

Town Planner gave staff comments:

Request for renewal of a temporary and conditional permit for a modular office at 195 Governor’s Highway, I zone.
This temporary and conditional permit was originally granted in 1991. The office area is approximately 880 sq ft. (40’ x 22’) and it is located slightly outside the building line along Governor’s Highway. The applicant has provided a site layout and pictures of the office.
The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed 2 years. Such approval may be given after a public hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
There are no Engineering comments on this application.
If this application is approved, the Planning Department has no modifications to request.

Commissioner Carroll made a motion to approve with the following modifications:

The permit is for a two year renewal and will expire on April 8, 2014. If this use is to continue beyond that date, a renewal will be required.

Commissioner Guarnieri seconded the motion

The motion carried and the vote was unanimous.

Appl. 14-18P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two apartments, known as Home Farm Apartments, on property located at 176 Windsorville Road, RR zone

Mr. Tim Shepard presented the request with no changes proposed.

Town Planner gave staff comments:

Request for renewal of a temporary & conditional permit for two apartments located at 176 Windsorville Road, RR zone. The original approval was granted in January 1993. The building was constructed in 1911, and the subject building had been used for a variety of nonconforming uses in the past, including a boarding house, teen center, manufacturing and apartment, and studio.

The RR zone does allow for accessory apartments; however there is no provision for multiple apartments in separate buildings on a site.

This property is served by wells. The Environmental Health Officer has been in contact with the owner regarding the testing of the well on an annual basis. He has complied and the results have been submitted to the health department.

There are no Engineering comments on this application.

If this application is approved, the Planning Department has no modifications to request.

Commissioner Carroll made a motion to approve with the following modifications:

The applicant must work must test the water annually and provide the results to the town’s Environmental Health Officer.
The permit is for a two year renewal and will expire on April 8, 2016. If this use is to continue beyond that date, a renewal will be required.

Commissioner Foley seconded the motion

The motion carried and the vote was unanimous.

Appl. 14-19P, J.E. Shepard Company– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow an office for the “Inspiration House Publishers” at 1865 Main Street, A-40 zone

Mr. Tim Shepard presented the request with no changes proposed.

Town Planner gave staff comments stating the application first goes back to a 1974 zoning approval:

Request for renewal of a temporary and conditional permit that had originally been granted by the ZBA in 1974 for an office for Inspiration House Publishers in the existing Post Office building at 1865 Main Street, A-40 zone.
This property is owned by the applicant and currently houses the East Windsor Hill Post Office as well as an apartment. The applicant has used this location in the past for Inspiration House as well as for the Giving Tree (a card, gift and book shop) approved through a ZBA temporary and conditional permit. The current use is the inventorying of the cards and books of the “Inspiration House Publishers.” There are no retail sales and all shipments are made directly from the East Windsor Hill Post Office.
The applicant’s description indicates that the level of activity is approximately 4 hours a week and would entail the owner’s car being parked in the East Windsor Post Office parking area.
The wording of the T & C permit regulation is that, “Temporary and conditional permits may be granted by the Commission for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission, the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use.”
There are no Engineering comments on this application.
If this application is approved, the Planning Department has no modifications to request.

Commissioner Carroll made a motion to approve with the following modifications:

1. The permit is for a two year renewal and will expire on April 8, 2016. If this use is to continue beyond that date, a renewal will be required.

Commissioner Foley seconded the motion

The motion carried and the vote was unanimous.

Mr. Shepard expressed his appreciation for the Commission’s use of Temporary & Conditional permits rather than applying for a variance.

Appl. 14-21P, Mannarino Builders, Inc. – request for a Zone Change of approximately 6.2 acres from Rural Residential to Designed Residence Zone and a General Plan of Development for an 18 unit development to be known as ‘Clark Estates’, on property located on the easterly side of Clark Street, approx. 380 feet south of Pleasant Valley Road

This item was not discussed.

BONDS: Callings/Reductions/Settings

MINUTES: 3/11/14 and 3/25/14 Regular and Special Meeting adopted by consensus.

OLD BUSINESS:

OTHER BUSINESS:

Appointments to CRCOG Regional Planning Commission

The Chairman asked for volunteers for the primary and alternate PZC appointments which will be addressed at the next regular meeting.

Update on Main Street Subcommittee

The Planner described the Vibrant Communities Initiative Grant. It was the consensus of the Commission members that it would be a good approach to pursue.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 8:50 p.m. was made by Commissioner Kuehnel

Seconded by Commissioner Foley

The motion carried and the vote was unanimous.

Respectfully Submitted,

Lauren L Zarambo

Recording Secretary