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PZC Minutes 05-27-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Billy Carroll, Elizabeth Kuehnel, Kevin Foley, Frank Bonzani
ALTERNATES PRESENT: Stephanie Dexter, Cody Guarnieri, Michael Baum
STAFF PRESENT: Michele Lipe, Town Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 14-32P, Clark Estates– request by Mannarino Builders, Inc. for a Special Exception to 3.3 and Site 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, Designed Residence zone
PUBLIC HEARING / COUNCIL CHAMBERS

CALL TO ORDER:  Chairman Bart Pacekonis called the Public Hearing to order at 7:31 p.m.

Secretary Commissioner Marrero read the legal notice as it was published in the Journal Inquirer on Thursday, May 15, 2014 and Thursday, May 22, 2014 (revised).

  • 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
Attorney Harold Cummings, offices at 1610 Ellington Road on behalf of his cousin, Clayton Zahner, and his son, Jason, and daughter-in-law, Gina, presented the request for the text amendment.

The office overlay zone was originally designed to allow for office use of residential homes located on high traffic main corridors as a way of allowing for the best reasonable uses of residences on high traffic roads. This amendment is to correct a typo in the regulations and to add a small stretch of Deming Street from the Manchester town line as a continuation of Oakland Road / Route 30. The amendment will also allow for the inclusion of real estate and insurance agents which were previously excluded in types of office use.

Town Planner, Michele Lipe, gave staff comments:

  • This is a request for a Text Amendment to Section 5.3 Office Conversion Overlay Zone  
  • This amendment proposes to do a couple things: to revise Bulk Table 3.1.1A – Permitted uses to correct omitted references under ‘Additional provision’ for offices that would refer to the criteria of the OCO in Article 5, Section 5.3.  This section should also be corrected to add the A zones, as some of the properties in the areas we allow the overlay zone are zoned A.
  • The applicant is also proposing to 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.  Again, this is really an oversight – the intent was always that this regulation would be appropriate in the Oakland Road area to the Manchester town line
  • Lastly, the request proposes to revise Section 5.3.3. Special Exception Uses (A.) 6 to include real estate and insurance agents. When the regulation was originally drafted in 1990 these uses were not considered because it was thought that they might generate too much weekend traffic however in today’s business climate and how much is now done through the internet that concern does not really exist.
  • The current Town Plan of Conservation and Development encourages the Commission to make minor zoning updates as necessary to help our current businesses accomplish their goals. To date, there are only two properties that have taken advantage of this regulation.
  • The Capitol Region Council of Governments has reviewed the amendment as required and reports that they find no apparent conflict with regional plans and policies or the concerns of neighboring towns.
  • If this application is approved, the Planning Department has no additional requested modifications.
Mr. Andy Kebalo, Kebalo Electric, K.F. Construction and life long resident of South Windsor, spoke in favor of the application and adding the small section of Deming Street to correct an oversight in mapping. Mr. Kebalo encouraged the Commission to include real estate and insurance types of activities. Inclusion of these types of business will not lead to over-usage given today’s electronic mailing and communications.

Attorney Keith Yagaloff, 65 Pheasant Way, spoke in favor of the amendment and asked for further expansion of the uses. Using the overlay office conversion on Sullivan Avenue they have invested in their building and have never received a complaint in seven years. Attorney Yagaloff stated professionals such as physicians and accountants prefer more modern facilities and that hair dressers have shown interest in renting in their building. The board of the child development center, who shares his site, is supportive of including this type of tenant. Attorney Yagaloff submitted a modified text amendment to allow for personal services limited to hair and nail salons and suggested limiting 25% of the square footage of the building to be used for personal services use in addition to the professional services use for the remainder.

Mrs. Cheryl Kebalo, 47 Deming Street and broker/owner of Remax Edge at 1739 Ellington Road and four other Remax franchises, spoke in favor of the application. She explained the nature of real estate business as it is conducted today with agents often working from their homes or coffee shops with today’s technology.

Ms Alexa Kebalo, 47 Deming Street with Remax Edge and lifelong South Windsor resident, also spoke in favor of the application and the additional text submitted by Attorney Yagaloff. She stated as a real estate agent she works primarily from her mobile phone and I-pad.

Commissioner Baum stated the regulations specifically exclude real estate and insurance uses in the overlay zone. Planner Lipe stated when the regulation was originally written in 1990 methods of doing business were quite different than today and was written with a concern for traffic and night and weekend hours. The Planner stated she does not have any concerns with changing it now.

Commissioner Dexter voiced her support for including that portion of Deming Street in the amendment and asked if insurance agents have similar methods of conducting business. Attorney Cummings stated insurance offices have less intensive use than average lawyer, doctor or accountant’s offices during tax season. It is a matter of the internet creating a change in the way professionals do business. Traffic is not an issue on the high traffic corridors nor is the amount of people coming to these professional offices.

Commissioner Carroll asked the Planner’s opinion on personal service use. Planner Lipe replied personal service use demands a higher parking ratio and supports the idea of a certain percentage which gives flexibility without an entire building devoted to that use. Any of these uses come in through special exception and go through a public hearing process.

Chairman Pacekonis closed the public hearing closed at 8 p.m.

  • Appl. 14-29P, Keystone Novelties Distributors, LLC– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow for “tent” sale of fireworks from June 25 – July 5, 2014, on property located at 395 John Fitch Boulevard, GC zone
Mr. Keith Lambert presented the request for a temporary and conditional permit for a tent sale of fireworks at 395 John Fitch Boulevard. Keystone Novelties Distributors runs approximately 500 tents throughout the country with 25 in Connecticut. Two locations are in Manchester. The tent sale is set up from June 25th through July 5th with the tent set up a few days before and after. There are ‘no smoking’ signs and ‘no discharging fireworks on the premises’ signs with fire extinguishers required by law. Only CT legal sparklers and fountains will be sold; no fireworks that explode or go up into the air. Traffic is estimated to be one to three cars at a time with the 3rd and 4th of July the busiest days which may have a small increase. All banners will be displayed upon the tent.

Town Planner, Michele Lipe, gave staff comments:

  • Appl. 14-29P, Keystone Novelties Distributors, LLC – request for a 2 year temporary and conditional permit (Section 2.13.a) to allow the sale of fireworks from June 25 – July 5 on property located at 395 John Fitch Boulevard, GC zone
  • The applicant is proposing to erect a 20’ x 40’ tent.  The tent will have 2 exits, and be posted with ‘No Smoking’ signs.  In addition, there will be an ABC fire extinguisher and a water only fire extinguisher in the tent.
  • The applicant is estimating 2-3 cars at a time in the parking area and 5-10 people in the tent at any given time.
  • 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.
No one from the public spoke for or against the application.

Commissioner Guarinieri asked how long was the permission granted for from the Town of Manchester. Mr. Lambert replied permission has been given annually.

Commissioner Bonzani asked about hours of operation. Mr. Lambert stated they operate from 9 a.m. to 8 p.m. (until dusk) daily. On the 3rd and 4th of July the hours would be extended an hour or two later with a temporary generator available for lighting on those two days.

Commissioner Marrero referred to the schematic submitted and asked if everything to be sold will be under the tent. Mr. Lambert stated all would be in the tent which will have sides walls up at all times while it is open. People will be directed to come in and out of the specific entrances and exits. The Commissioner had visited the site and asked about the variations of concrete pads on site. Mr. Lambert replied the safest place for the tent will be at the edge of the grass set back from the street and parking would be on the concrete areas.

Vice Chairman Wilson asked if there is access from Chapel Road onto the site. Mr. Lambert replied the property only has one entrance/exit and is only accessible from one way. The Vice Chair asked if a parent company is involved. Mr. Lambert replied he works for Keystone with 500 locations nationally. Keystone has its own branded merchandise with a very structured way of working. Mr. Lambert secures the location then there is an area manager who runs eight locations with local people to run the actual tents. The area managers then help set the tents up and open to be operational. Once the tent is taken down they do not receive payment until pictures are taken of the site documenting it is exactly the way they began and sent to corporate.

Commissioner Foley asked what happens to the contents after hours. Mr. Lambert replied they have overnight manned security and the tent is locked.

Chairman Pacekonis asked about the location of the tent and right of way onto Route 5. Mr. Lambert verified there would be no issues.

The Chairman closed the public hearing closed at 8:10 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Pacekonis called the Regular Meeting to order at 8:15 p.m.

PUBLIC PARTICIPATION:

Mr. Dickinson, 19 Birch Road, encouraged the Commission to make all areas of South Windsor Center walk-able as well as bike-able and to use signage to walk bikes in highly congested areas.

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. 14-30P, Treglia Storage Lot - request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow a storage lot, on property located at 15 Edwin Road (formerly L046 John Fitch Boulevard), I zone
Mr. Louis Treglia presented the request for renewal of his temporary and conditional permit.

Town Planner Lipe gave staff comments:

  • Request for a renewal of a two-year temporary and conditional permit for a storage lot for vehicles, boats, and other motorized vehicles on property located at 15 Edwin Road, the south westerly intersection of Edwin Road and Route 5, I zone.  
  • The applicant has provided a site layout of the proposed storage areas.  The storage will typically be mobile items such as: cars, trucks, boats trailers, campers, etc.  They have not specified how many items will be stored, but have delineated the storage areas on the plans indicating an access loop throughout the site.
  • There is no signage proposed with this application.  
  • The original approved plan had called for privacy slats or mesh screen to be installed along the fence to provide privacy screening from adjacent streets. Although the applicant has not slatted the fence, landscaping has been added along the frontage. To date, very little storage has occurred on this site.
  • 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 can be granted without a public hearing.
  • Staff has not had any complaints related to this application.
  • If this application is approved, there are no other planning modifications requested.
Commissioner Marrero made a motion to approve with the following modifications:

  • The Temporary and Condition permit will expire on May 27, 2016, and must be renewed before that time if the use is to continue.
  • All free standing signs and temporary signs require the issuance of a sign permit before they are erected.
Commissioner Wilson seconded the motion

The motion carried and the vote was unanimous.

  • 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
Chairman read a revision to the proposed text amendment submitted by Attorney Yagaloff: “Uses shall be restricted to professional offices, such as lawyers, architects, doctors/dentists, accountants, engineers, real estate agents and insurance agents, as well as personal services limited to beauty and nail salons. All uses shall operate during typical office and personal service hours Monday through Saturday, and not generally during evening hours or on Sunday.” Chairman Pacekonis stated he agreed with the 25% of building usage for personal services.

Commissioner Carroll suggested 40 % for personal services and not restricting the specifics of hours and days of operation which might best be addressed as individual applications come in. The Planner verified applicants typically identify their hours of operation with special exception use. Vice Chairman Wilson agreed not to restrict times or days of operation with 25% building usage. Commissioner Foley noted personal services generate more traffic and that 25% is a good place to start with flexibility as applications require. Chairman Pacekonis noted a consensus for 25% of the building being used for a personal service use.

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

  • The new text shall read as the following:
  • Revise Bulk Table 3.1.1A – Permitted Uses, Impervious Coverage and Other Provisions, to correct reference under Offices – professional, commercial and business, additional provisions to: ‘See Article 5.3 Special Regulations’ and adding this use to ‘A’ zones.
  • Amend Section 5.3.4 Locations (A.) to add additional road as follows: ‘6. Deming Street from Manchester town line to the intersection of Deming Street and the start of Oakland Road.’
  • Revise Section 5.3.3 Special Exception Uses (A.) to read as follows: ‘Uses shall be restricted to professional offices, such as lawyers, architects, doctors/dentists, accountants, engineers, real estate agents and insurance agents, as well as personal services limited to beauty and nail salons. Beauty and nail salons can occupy no more than 25% of the building. All uses shall operate during typical office and personal service hours.’
  • The Planning and Zoning Commission finds that the zone text amendment is in conformance with the Town Plan of Conservation and Development.
  • The effective date of the zone text amendment is 6/8/14.
Commissioner Marrero seconded the motion.

The motion carried and the vote was unanimous.

  • Appl. 14-29P, Keystone Novelties Distributors, LLC– request for a 2 year temporary and conditional permit (Section 2.13.a) to allow for “tent” sale of fireworks from June 25 – July 5, 2014, on property located at 395 John Fitch Boulevard, GC zone
Commissioner Wilson made a motion to approve with the following modifications:

  • The Temporary and Condition permit will expire on May 27, 2016 and must be renewed if the use is going to continue.  
  • This approval is for sale of fireworks at 395 John Fitch Boulevard from June 25 – July 5, 2014.  If the applicant decides to sell from this property next year, the dates must be submitted to the Planning Department.
  • Building Department and Fire Marshal’s office must be consulted and proper permits obtained to for the outdoor storage tent.
  • If there are buildings, structures, signs or other items that require a building permit or other Town approvals/permits, all such approvals or permits must be obtained prior to construction or use of the site. All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
Commissioner Kuehnel seconded the motion

The motion carried and the vote was unanimous.

Review of change order for Appl. 13-20P, Revolutions Bowling & Lounge outdoor lighting proposal.
Mr. Doug Nation was not present and the Commission moved ahead with the agenda.

Discussion on POCD final draft for South Windsor Center amendments (see attached)

Planner Lipe and the Commissioners discussed the draft for Chapter 9 of the POCD. Two primary changes have been made. The map on page 58 has been modified to include an extended inner core area. Language for the ‘village center’ has been added so that it will be supported in the POCD if it is the direction the Commission wants to take. The draft will be forwarded to CRCOG for their 65 day review and the Town Council for their 55 day review. A public hearing for this draft amendment as well as the northern Route 5 POCD change will be scheduled for August 19, 2014. A public meeting in conjunction with the Chamber of Commerce and business owners will be scheduled for the later part of June to distribute the regulation and chapter drafts to the public.

Chairman Pacekonis noted the map on page 59 and the top left yellow circle which was determined to be preserved land. Commissioner Marrero discouraged the use of traffic circles also designated by the yellow circles on the map. The Planner clarified the circles can designate focal points for gateway signage and should be changed to reflect that. Commissioner Marrero also suggested increasing the font size on the left column on page 54 which is not readable.

  • Review of change order for Appl. 13-20P, Revolutions Bowling & Lounge outdoor lighting proposal.
Planner Lipe described three seasonal outdoor volley ball courts at Revolutions which have been used by a 100 + person league over the past three weeks. Temporary lights have been installed to provide lighting and no complaints have been received. Permanent lighting is proposed.

The Commission was all in favor by consensus with no objections.

BONDS: Callings/Reductions/Settings

MINUTES: 5/6/14 adopted by consensus.

OLD BUSINESS:   

OTHER BUSINESS:  

Appointment to Demolition Delay Committee will be filled at the next regular meeting.

The Planner described a new text amendment to allow breweries and micro breweries in industrial and general commercial zones and will forward the amendment to CRCOG for review.

Commissioner training with the Town Attorney has been set for June 24th. The Special Meeting will begin at 6:30 p.m. and include an executive session concerning litigation.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 8:59 p.m. was made by Commissioner Wilson
Seconded by Commissioner Kuehnel
The motion carried and the vote was unanimous.


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary