Skip Navigation
 
This table is used for column layout.
 
PZC Minutes 04-22-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Billy Carroll, Elizabeth Kuehnel (arrived at 8:15)
ALTERNATES PRESENT: Stephanie Dexter, Michael Baum
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 14-25P, Zahner Text Amendment for Section 5.3 Office Conversion Overlay Zone – request to revise Bulk Table 3.1.1A – Permitted uses to correct omitted references under “Additional provision” for offices; revise Section 5.3.3. Special Exception Uses (A.) 6 to include real estate and insurance agents; and amend Section 5.3.4 Location (A.) to add 6. Deming Street from Manchester town line to intersection of Deming Street and start of Oakland Road

REGULAR MEETING / MADDEN ROOM

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

PUBLIC PARTICIPATION:

Mr. Robert Dickinson, 19 Birch Road, wanted to speak about the Mannarino Builders’ application but was informed the item was on the agenda for discussion and decision and the public hearing had closed.

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. 14-21P, 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
Chairman Pacekonis stated since only three Commissioners are present who were at the public hearing the Commission would come back to the application when the other Commissioners are present since the application is well within the 65 day period.

Chairman Pacekonis seated Alternate Commissioner Dexter for Commissioner Kuehnel and Alternate Commissioner Baum for Commissioner Foley.

  • Appl. 14-23P, Oakland Express – request for a 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
No one was present to represent the applicant.

Town Planner gave staff comments:

  • Appl. 14-23P, Oakland Express – request for a renewal of the 2 year temporary and conditional permit (Section 2.13.a) to allow U-Haul Rentals from property located at 249 Oakland Road, RC zone
  • The applicant received approval to store three trucks up to 14 feet in length as well as two trailers on April 24, 2012. This type of use would typically be found in a general commercial or industrial zone.
  • The approval requires all trailers and trucks be parked away from the access drive.
  • 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.”  Renewals may be permitted without a public hearing.
  • Staff had concerns about compliance with the original landscaping plan.  The original approval required compliance by June 30, 2012.  Multiple requests were made for schedules for the implementation of the landscaping plan.  The issue was finally resolved, with a few approved changes, by July 12, 2013.  
  • The Town received complaints regarding the lighting installed on the building in September 2013.  A letter was sent on October 7, 2013 requesting a permit application be submitted for the lights, and that they be brought into compliance.  A Notice of Violation was sent on October 23, 2013, requiring a change order to replace the existing lights with compliant fixtures.  The lights were adjusted in November 2013 to correct the glare issue.
Commissioner Carroll stated after the initial issues were resolved there has not been any new concerns.
Commissioner Marrero stated this is the same location which had an issue with leakage from the tanks. The Planner stated the tanks were moved off site many years ago and there is limited monitoring still going on. The Chairman asked about the current signage and it was confirmed there is no longer any blinking or moving illuminated signs.

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

  • This approval is for the rental of U Haul trucks and trailers – a maximum of three trucks and two trailers are allowed on site at any one time. All trailers and/or trucks should be parked away the access drive.
  • This two-year temporary and conditional permit for this use will expire on April 22, 2016 and will have to be renewed at that time if this use is to continue.
Commissioner Wilson seconded the motion

The Chairman confirmed a maximum of five rental vehicles are allowed on site. The Planner stated generally only three vehicles at the most on weekends have been observed on site.

The motion carried and the vote was unanimous.

  • Appl. 14-22P, Tellier POCD Amendment – request for an amendment to the South Windsor Plan of Conservation and Development to Section 10. Route 5 to replace, Section C. Create a Route 5 Rural Transition zone (page 59 and 60) with Section C Create a Route 5 Transition zone to include associated language
Mr. Peter DeMallie presented the request representing land owners, interested parties and co-applicants and submitted a document signed by 27 local parties supporting the application (Exhibit A).  

Mr. DeMallie asked the Commission to consider a modification to the recently adopted Plan of Conservation and Development concentrating on the section of the plan which addresses the northerly section of Route 5. That area is separated from the rest of Route 5 and the East Windsor Hill area by a ¼ mile corridor of the Scantic River which includes about 20 properties from the East Windsor town line down to the Scantic River on both sides of Route 5. US Route 5 is a divided highway and an alternate to I-91 with a volume of 19,000 vehicles per day. The area is distressed from the high volume of truck traffic. Many property owners are not reinvesting in their properties. One house is in foreclosure and another was sold in foreclosure auction and another residence has been on the market for 3 years unsold.  

Mr. DeMallie showed a map representing property owners who are co-applicants or who are in support of changing the POCD in that area with an overlay zone to allow for the underlying uses as well as office use and indoor recreational use. The idea is not to have more intensive commercial uses like fast food restaurants or gas stations as some of the homes would remain residential.

The majority of the properties are owned by individuals. Some are owned by the State of CT DEEP and some by corporations. The area is zoned for A-20 and RR residential use.  Into East Windsor to the north is a business corridor up going up towards I-91 which is commercially zoned. Mr. DeMallie repeated the residential neighborhood is suffering from the impact of foreclosures and the inability to sell homes in an area which is no longer perceived as single family residential neighborhood as a result of the daily weekday heavy truck traffic.

They went before the Economic Development Commission on March 26th where the EDC unanimously adopted a resolution in support of a modification amendment to the POCD for this area and to implement it through zoning in the future.  

Mr. DeMallie cited Section 8-23, Chapter 126, Municipal Planning Commissions which reads ‘The Commission may at any time prepare, amend and adopt plans for redevelopment and improvement of districts or neighborhoods which in its judgment contain special problems or opportunities or show a trend toward lower land values’.  Mr. DeMallie paraphrased “Also in preparing the plan, ‘the Commission or any special committee shall consider the following… #7 Physical, social, economic and governmental conditions and trends’. Mr. DeMallie described the area with flood plain on the west and south and the major highway bisecting the neighborhood trending in the wrong direction given the economic conditions with present zoning. The correct direction is to make the neighborhood a viable area of economic development of which to be proud. Also the POCD indicates that inconsistencies should be noted with the concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse. Growth and economic opportunities should be concentrated on the major transportation corridor of Route 5. Mr. DeMallie continued to read through the statute and the POCD citing further compelling reasons to make modifications to the POCD for the area.

Town Planner Lipe gave staff comments:

  • Presently there is no public water or sewer in the area and it is probable that those utilities will not be extended into the area at this time. There is a jet fuel line in the area which will have to be considered in any planning of any development proposals there.
  • Current uses of land – A-20 zone, RR zone, one industrial property that has a two family house with an apartment and a semi vacant industrial building; one small general commercial property north of Scantic Road that was rezoned because it is adjacent to a commercial piece owned by the same person.
  • Currently in the town plan the area is slated as a rural transition zone however allowing for more commercial uses that would compliment the residential area ‘that carefully manages building size and placement to avoid disruption of the rural character. For example, commercial use should set further back from the road making the area less suitable for the types of businesses that depend upon visibility.  Uses in the new zone also should not generate large volumes of traffic nor require large parking areas.   Ultimately, landowners should be consulted to understand their intentions prior to creating the new zoning requirements.’
The Chairman asked Secretary Commissioner Marrero to read a letter in support of the application from Louise Neary, Chairperson for the Economic Development Commission to the Chairman Pacekonis (Exhibit B) and a letter written in opposition the application from Virginia Macro of 1828 Main Street to members of the Commission (Exhibit C).

Mr. Paul Tellier, resident and owner of 2063 John Fitch Boulevard, spoke in support of the project.

Mr. Justin Darcy, resident and owner of 2039 John Fitch Blvd., described his property and the tractor trailer trucks which enter and exit out of the properties next door. He stated he feels he will be held back without a change to the area. With the possibility of a future he will invest in his property. When he purchased the property he planned to put his landscape business there. He also stated his full support of the historic district of Main Street and the town. The Chairman asked if the majority of his property is wetlands. Mr. Darcy stated the majority of the back of the property is wetlands and flood plain but he has acreage in the front which is not.

Mr. Frederick Ferron, resident and owner of 2085 John Fitch Boulevard, stated he is in favor of the application.

Mrs. Patricia Ferron, wife of Mr. Ferron and owner of 2085 John Fitch Boulevard, concurred with all that has been said in support of the application. Although they live in a town with very good schools they have been negatively affected in trying to sell their house after putting it on the market three times and it still sits unsold. She stated it is unfair to be restricted to residential when no one wants the property as residential.

Ms Mary Ossage (spelling?), life long resident of South Windsor and resident of 214 Newberry Road, has following the discussion about the Route 5 corridor as it has developed over time and agrees with the last speaker. By not changing the zoning the Commission is trapping people in their residences. If they want to sell they cannot, if they want to create a beautiful home for a family on Route 5 they cannot because of the heavy truck traffic. She is in favor of exploring options to help the residents.

Mr. Garfield Vaughn, 1021 Ellington Road, spoke in support of the application stating great decisions have been made in South Windsor for economic development. Large commercial facilities have been developed such as FedEx and in doing so the town limits where their vehicles can drive. Truck traffic is forced to use Route 5. He stated it is counterproductive and unfair to restrict the area on Route 5 while forcing trucks to use that same area. East Windsor and East Hartford also add to that traffic pattern in their economic development. The traffic on this stretch of road is guaranteed to increase. He encouraged the Commission to take a true look at modifying the zoning in the area to allow those who live there to do something of benefit.

Mr. William Tellier, owner and resident of 2045 John Fitch Boulevard, spoke in support of amending the POCD and stated for the record they do have public water in the area. He has lived there his entire life and has seen the changes. There has been no new construction since the early 1970’s. Growing up on a two lane highway did not allow him any pets or biking. Today no one would consider living or purchasing a house to live in on Route 5. The area is not part of Main Street but rather part of the commercial corridor of Route 5 which extends from the East Hartford line to the East Windsor line. Traffic has increased without stop and will continue to do so. His parents were able to get a commercial variance for an office building which assisted him in going to college. The whole area is a mish mash of different zones. He is in full support of the text amendment and that it is high time for the area.

Commissioner Carroll asked Mr. Tellier to show where their property is located on the site maps.

Mrs. Laurie Tellier, wife of William Tellier and resident of 2045 John Fitch Boulevard, stated she in full support of the amendment and that the property owners in the area deserve to have their homes and opportunity to achieve more in life.

Commissioner Carroll asked how much of the property is wetlands. The Planner and Mr. DeMallie described the Scantic River and flood plains and where development can actually be proposed. The Commissioner suggested State owned land and wetlands should be transitional and north of that area can be considered for a change.
Commissioner Marrero asked about the general commercial zone in the area which includes some residential properties and about the Tellier’s use variance which was granted by the ZBA and is still in effect on their property in the A-20 zone. The building and parking lot are there and are now in residential use but can be converted at any time to office use.

Chairman Pacekonis stated it has never been the Commission’s objective to keep anyone back or to prevent development. It was written into the POCD to recognize the need of homeowners and possible overlay zones in this area. The Commission’s objective is to have development in this area grow in a way that is consistent with residential uses or rural residential zones so not to have buildings crowding the street with high volumes of traffic and making it a commercial strip.  The Chairman stated he is willing to entertain the possibly of expanded uses in the zone keeping in mind the area is the entrance to South Windsor. Any changes at this entrance to South Windsor need to make South Windsor better.

Commissioner Dexter asked if there is anything in the POCD Implementation Plan which addresses changing the area. Planner Lipe stated it is one of three areas that have been identified and can be looked at from a priority perspective. Staff recognized the need for both residential and business to be in the area as the speaker mentioned with his landscape business. The current plan has identified some of those concerns.  Currently the Commission’s priorities have been the South Windsor Center and the Main Street area. Requests and applications to make changes in this neighborhood will move the priority forward.  The Planner recommended if the Commission chooses to move forward with the request the text of this amendment could be drafted to make it more consistent with how the rest of the POCD is written. Once a version is agreed upon the 65 day formal adoption process can begin which is a period for review by CRCOG and Town Council. Town Council can choose to have it as an agenda item or by way of a report and then a formal public hearing would be held. Commissioner Carroll voiced his support for moving forward with revised wording. The Planner volunteered to work together with Mr. DeMallie to work with the language of the amendment.

  • General Discussion on South Windsor Center Draft Report
The Town Planner stated the intent of this discussion is to offer the public who have had opportunity to review the Draft Report to make comments. She distributed a document from Alan Lamson to the Commission which had also been forwarded to Mr. Glenn Chalder for consideration.

Mr. Peter DeMallie spoke about the core area of South Windsor Center designated by Mr. Chalder which stops at Ellington Road/Route 30 and does not go on the north side of the street. He asked where the area for development is available since much of designated core area is already developed. New development can take place on the north side of Route 30/Ellington Road if the regulations allow for it. Mr. DeMallie encouraged changing the core area to the north side of Route 30 from Sullivan Avenue to before the land conservation trust property opposite Clark Street. It can even include down to the gully behind the cemetery and to the north to the, now Town owned, Priest property. The homes along the west side of Sullivan Avenue where redevelopment can occur if regulations allow for it. All areas must include pedestrian accommodation.

The core can include east of Buckland Road on Route 30, north of Ellington Road and encompasses the area where available in the Deming, Clark, Buckland and Route 30 core all within a pedestrian distance contiguous to Evergreen Walk.
 
If housing is wanted in the center of town, it will have to be on smaller tracks for multi family housing with higher density, high quality, smaller units. Three story, mixed use buildings should be considered which do not have to be set back from the street. A successful town center has to have feet on the streets. High design standards allowing the density with reasonable regulations and incentives for redevelopment can create the change in the near term. The Commission can be the change agent. There was an Evergreen presence at the first South Windsor Center meeting. Mr. DeMallie encouraged taking advantage of a good opportunity to do something soon while the economy is picking up.

The Town Planner stated there will be a Special Meeting on May 6th to work with the draft regulations with Glenn who will have received the draft minutes from this meeting and the document from Alan Lamson.

Appl. 14-21P, Mannarino Builders, Inc. will be on for decision at the May 6th Special Meeting.

BONDS: Callings/Reductions/Settings

MINUTES: 4/8/14 adopted by consensus

OLD BUSINESS:

OTHER BUSINESS:  

Appointments for the 2014 CRCOG Regional Planning Commission will be Viney Wilson and Mario Marrero as alternate.

The Chairman welcomed new Alternate Commissioner Michael Baum to the Commission.

CORRESPONDENCE / REPORTS:

The May 1st South Windsor Regional Economic Development Conference and the May 6th Chamber of Commerce dinner event were discussed. Registration for both events is required.

ADJOURNMENT:

Motion to adjourn the meeting at 9:12 p.m. was made by Commissioner Carroll
Seconded by Commissioner Wilson
The motion carried and the vote was unanimous.


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary