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PZC Minutes 09-23-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Billy Carroll, Elizabeth Kuehnel, Kevin Foley, Frank Bonzani
ALTERNATES PRESENT: Stephanie Dexter, Mike Baum
STAFF PRESENT: Michele Lipe, Director of Planning; Jeffrey Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 14-48P, Castle Small Engines Major Home Occupation - request for a 5-year major home occupation to operate a small engine repair business on property located at 320 Long Hill Road, RR zone
PUBLIC HEARING / COUNCIL CHAMBERS

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

Secretary Commissioner Marrero read the legal notice as it was published in the Journal Inquirer on Thursday, September 11, 2014 and Thursday, September 18, 2014.

  • Appl. 14-44P, Cerone In-Law Apartment – request for a Special Exception to Section 7.17 for a size waiver to construct a 1,118 sq ft apartment (900 sq ft allowed), on property located at 26 Brewster Road, A-30 zone
Ms Karen Isherwood, principal of Isherwood Civil Engineering, representing the applicant, presented the request to construct a two bedroom in-law apartment for the applicant’s parents in an existing split level house built in 1974 as part of Orchard Heights Subdivision. Ms Isherwood went over the narrative submitted with the application.

Director of Planning, Michele Lipe, gave staff comments:

  • Request for a Special Exception to Section 7.1.7 for a size waiver to construct a 1,132 sq ft apartment (900 sq ft allowed), on property located at 26 Brewster Road, A-30 zone
  • The criteria for an in-law apartment includes:  
  • The in-law apartment cannot be larger than 900 sq ft or 40% of the gfa (whichever is smaller
  • The entire structure must maintain the appearance of a single family dwelling;
  • Off street parking for three vehicles must be accommodated;
  • Adequate water and sewage disposal must be provided; and
  • The owner of the dwelling units must occupy either the in-law apartment or the main dwelling unit
  • The Commission may waive one or more of the provisions above (except the requirement that an owner live in the apartment or house) after determining:
  • There will be minimum adverse impact on existing uses in the area;
  • Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
  • Due consideration to preservation of historic factors has been demonstrated.
  • The proposed in-law apartment is 1,132 square feet.  The applicant has submitted a waiver request for the size in accordance with Section 7.1.7.  The applicant has provided the site layout showing the new addition in conformance with zoning, elevations showing the addition, as well as floor plans for the addition – both as an in law apartment and then when it is converted back to single family living space.
  • The elevation shows that the addition will be adding an additional two car garage and a split drive along the frontage – the Commission should decide if this elevation is consistent with the appearance of a single family house as required. It appears that all other zoning requirements can be met.
  • If this application is approved, the Commission may grant approval for up to five years. At the end of the permit period, if the family situation has not changed, the applicant may request renewal by staff. Staff would recommend the two standards approval conditions for this apartment:
  • When addition is no longer used as an apartment, the kitchen is to be removed and the living area must be converted into other single family living space
  • This is a family situation and this approval does not make the property income producing.  If the family situation should change, the home will have to be restored to a one-family dwelling unit.
Town Engineer, Jeff Doolittle, indicated Ms Isherwood addressed the following engineering comments in her presentation:

  • The proposed driveway to the addition is narrow and will be difficult for two cars to maneuver where it bends toward the new garage. This driveway should be widened on the down hill side from the bend to the sidewalk so it is easier for two cars to use this driveway.
  • Where will the utilities run into the proposed in-law apartment and how will they be connected to existing utilities in and to the existing house?
No one from the public spoke in favor or opposition to the application.

Commissioner Carroll stated, after looking at the plans submitted, the front of the house appears as though two houses are being put together rather than an addition being added on and asked for clarification of the plans. Ms Isherwood went over the plans submitted. Commissioner Carroll asked if the appearance conforms to the requirement of maintaining the appearance of a single family dwelling.

Commissioner Foley asked if once the apartment is no longer used as an in-law apartment it converts back to a single family dwelling. Director Lipe confirmed it will and stated the use is not transferred if the property is sold.

Chairman Pacekonis has noticed other single family houses with two front entrances but noted the split double garages at the front give the resemblance of a multi-family home. The Chairman noted other single family houses in town with double garages and stated the discussion would continue in the regular meeting.

Chairman Pacekonis closed the public hearing at 7:50 p.m.

  • Appl. 14-46P, Saczawa Horse Farm Special Exception - request for special exception to 7.12.2 and site plan approval for the use of existing barns and farm for boarding and training of horses, under the Commercial Animal Agriculture regulation, on property located at 253 and 291 Main Street, A-40 zone
Applicant, Mr. Kenneth Pudeler of Pudeler Engineering representing the applicant, Susan Saczawa, presented the request to enlarge a horse farm to make it a commercial operation for boarding horses. Mr. Pudeler went over the narrative submitted.

Director of Planning, Michele Lipe, gave staff comments:

  • Request for a special exception to 7.12.2, Commercial Animal Agriculture, and site plan approval for the establishment of a commercial boarding and training facility for property located at 253 and 291 Main Street, A-40 and FP zone.
  • Applications for special exceptions may be approved if the Commission determines that:
  • The proposal is consistent with the goals and objectives of the Plan of Conservation and Development.
  • The application has met the requirements of the zoning regulations.
  • The land is physically suited to the proposed use.
  • Minimal, if any, adverse environmental impacts are created.
  • No traffic or other hazards will be created.
  • The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal.
  • There will be minimal or no adverse effects on existing uses in the area.
  • Surrounding property values will be conserved.
  • The character of the neighborhood will be maintained or minimally disrupted.
  • The general welfare of the community will be served.
  • There is a balance between neighborhood acceptance and community needs.
  • Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated.
  • The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
  • The architectural design is aesthetically pleasing and blends well into the surrounding area.
  • The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above are satisfied.
  • The property at 253 and 291 Main Street total 13.4 acres in size. Previous approvals were granted for horses in 2001 and again in 2003, the applicant again applied for additional horses for personal use and to build the barns that exist on site today.
  • The applicant is now proposing to offer boarding, training and instruction for horses. A maximum number of horses proposed is 31 based on existing structures on site.   The existing barn includes 20 horse stalls as the barn well as a lavatory, wash room and grain storage area. The only improvements include: approx. 900 sf addition connecting the riding rink with the existing barn and to provide additional storage space.
  • The horses will be boarded primarily in the existing barns and structures that currently exist around the site. Zoning regulations require that the housing/stabling of horses is restricted to the rear yard of the premises. The accessory buildings used to shelter or feed the horses must be located at least 125 feet from the street, 40 feet from any side or rear property line, and 100 feet from any dwelling located on an adjacent property.
  • The area shall be wholly or partially fenced – the site plan shows the existing fencing and additional fencing to be relocated along the northern property boundary that abuts the STATE ROW. There are no trails proposed.
  • Off street parking requirement for this use is 1 parking space for each 5 users of the facility.  The applicant has indicated that he has parking for at least 10 vehicles.  The trailer parking is shown on the plans to the rear of the barn.
  • Business hours for the farm are proposed as 7:00 a.m. to 8:00 p.m. The applicant does not plan any public activities.  There is no signage, no new lighting, nor any public address system proposed with this application.  
  • There are regulated wetlands and 100 year floodplain on the property.  The access drive to the barns is along an existing drive that passes by the residential homes through the 100 year floodplain and ultimately to the barns.  Staff has two concerns with this access: the potential for traffic entering and exiting by residential homes; and in the event of a flood emergency, the horses and trailers could be stranded. Staff would have the applicant consider creating an access drive along the northern property boundary adjacent to the State ROW land.
  • The plan identifies areas for manure storage, and the manure management narrative indicating that it will be picked up every two weeks.  Sherry McGann, our Health Office, has reviewed this information and has requested additional information regarding the manure storage and removal including details of the storage structures, how it be covered, frequency of removal and any other related pertinent information.
  • There is public water available to the property.  The existing lavatory and proposed washing facilities will be handled through an existing septic system and are subject to review and approval of the Sanitarian. The applicant is working with Sherry McGann in the Health Department conducting soil testing to permit these facilities.  
  • The Fire Marshal has indicated that he has no concerns at this time. If, in the future, the riding rink is opened to the public, the use of the building will change and additional the fire codes would have to be addressed at that time.
If this application is approved, the Planning Department would recommend the following:  The two properties (253 and 291 Main Street) be combined by deed as both properties are integral to meeting the zoning requirement of this approval; and no public events, activities, show, etc. will be held at this site unless further approval is granted by this Commission.

Town Engineer, Jeff Doolittle, gave staff comments:
  •  Most of this property, including the main gravel driveway is within the 1% flood zone. In the event of a flood or other emergency, how will vehicles access this property to get to the horse barn and sheds? The plan needs to include emergency access route and gates.
Secretary Commissioner Marrero read four letters in support of the application into the record from James and Debra Morrison, Marie Cyr, Carolyn Culligan, and Arthur Utay (Exhibit A).

Mr. William Andrulat, resident of Main Street and fellow horse farm owner spoke in favor of the application.

Ms Carolyn Culligan, direct abutting resident on Main Street and author of one of the letters submitted in support, stated she has no problem with horses being boarded on the property but has concerns about the new use of the driveway which directly abutting her property for the proposed commercial farm. A driveway to the north was previously used for the horse farm’s access. Ms Culligan submitted a second letter with her concerns which Secretary Commissioner Marrero read into the record (Exhibit B).

Mr. Gerald Monnes, direct abutting resident on Main Street, requested the driveway be used only for the residence and not the horse farm because of potential noise, traffic and privacy concerns. He asked if there are any restrictions as to the size of trucks allowed on the property, hours of operation, number of horses, and if the property should be sold would the use be transferred and could it be changed.

Mr. Tad Bistor, resident of Main Street with Ms Culligan, had looked at aerial photos of the properties from different years and noted access to the barn and riding rink had historically been by way of the State owned toll booth access road. He encouraged access for the commercial operation to continue from that area going forward and asked if the applicant has requested an easement from the State to continue the use or to purchase that strip of land. Mr. Bistor stated if an easement is not forthcoming there is adequate space on the 291 Main Street parcel to add a driveway along the existing toll booth access road. He noted traffic from employees, deliveries, and manure removal before or after hours would be better suited in that area than on the driveway abutting residential property.

Ms Maria Cyr, resident of Main Street and author of a letter of support, stated no objection to the horses but voiced concern over the use of the driveway proposed.

Commissioner Bonzani stated all of the concern is over the driveway between the two residential homes. Mr. Pudeler described the state driveway to the old toll booth which had been removed in the ‘70’s and stated an easement has not been applied for from the State.

Commissioner Kuehnel asked if the applicant had considered any other access. Mr. Pudeler replied putting in a driveway to the north side has been considered. He described the flood plain area, and pole with a transformer box located in the center of the frontage, and security sightlines.

Commissioner Marrero stated it is not easy to receive an easement from the State for a non access line. He noted a 45’ area wide enough for an access road to the north which would avoid the 100 yr flood plain area which measures ¼ of that area. The Commissioner asked about truck traffic, supply deliveries, hours of operation, and if there would be lights and loud speakers for competitions.

Vice Chairman Wilson stated the land north of I-291 was purchased by the applicant and can provide northern access for the boarding and training of horses.

Commissioner Foley asked if the 291 Main Street property was purchased with the intent of putting in an access drive. Mr. Pudeler stated it was an ‘eye sore piece of land’ with two ‘falling down tobacco sheds’ abutting their property which the applicant wanted to revive.

Commissioner Carroll asked about the jersey barriers and fence on the State property. Mr. Pudeler stated they most likely were left by the contractors who rebuilt the bridge in 2000.

Chairman Pacekonis asked how many vehicles and staff members will be on site daily and when horses would be fed. The Chairman stated the northern driveway is needed in order for the application to be successful and the two properties will be combined by deed. He asked where the existing manure storage area would be relocated. Mr. Pudeler showed the area on a map. The Chairman asked the Director to clarify if in the future a new owner wanted to change the conditions of approval or to change the site they will have to come back before the Commission for additional approvals. The Chairman verified that the southerly access to the property would be for residential use only and 31 horses would be allowed.

Chairman Pacekonis closed the public hearing at 8:49 p.m.

  • Appl. 14-47P, Yoga Classes at Unity Church – request for a two year temporary and conditional permit to allow yoga classes on a limited basis, on property located at 919 Ellington Road (Unity Church), RR zone
Applicant Thomas Reault, treasurer for Unity Church and resident of Steep Road, presented the request.

Director of Planning, Michele Lipe, gave staff comments:

  • Request for a two year temporary & conditional permit to allow for yoga classes at the Unity of Greater Hartford Church located at 919 Ellington Road, MZ zone.  
  • The applicant’s proposal is to hold classes on Monday and Thursday evenings.   Class sizes range from 4 to 18 people per class.
  • Lights in the parking and general outside areas are scheduled to come on prior to the class finishing.
  • Parking can accommodate 104 cars, with 4 additional handicap spaces.
  • 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.”
  • If this application is approved, there are no Planning Department modifications to request.
Town Engineer, Jeff Doolittle, had no comments.

No one from the public spoke in favor or opposition to the application.

Commissioners had no questions

Chairman Pacekonis closed the public hearing at 8:53 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 8:58 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. 14-45P, Town of South Windsor – request for a 3 lot subdivision of approximately 11.2 acres of land, for property located at 765 Sullivan Ave (southerly side of Sullivan Ave, easterly side of West Road), GC zone
Director of Planning, Michele Lipe, described the application request for the subdivision and the site and gave staff comments:

  • Request for 3 lot subdivision of an 11+ acre property located at the intersection of West Road and Sullivan Avenue, GC zone. All three lots would have frontage on Sullivan Avenue, however Lot #2 would also have access from West Road.
  • Minimum lot sizes in the GC zone are 30,000 sq ft with 150 feet of frontage when the lots are located along Sullivan Avenue. The proposed lot sizes are: 2.5 acres, 3 acres and 5.5 acres.
  • It appears that all other bulk requirements can be met.
  • Access to Lots #3 and #4 will be from a single driveway entrance from Sullivan Avenue that will coincide with the existing traffic light.  A note has been provided on the plan that requires access rights to be granted to Lot #4 through Lot #3. The town attorney has suggested that we physically locate that easement on the final plans. The potential buyer of Lot #3 will be consulted in the placement of the access and utility easement.  
  • The subdivision is typically the time to discuss the requirement for sidewalks. The town’s sidewalk plan does show Sullivan Avenue frontage as high priority, and medium priority along the West Road frontage. Typically sidewalks would be shown at the time of the subdivision approval. It would be the town’s intent to have the sidewalk shown and constructed at the time of the individual site plans. The town may want to reserve a ten foot strip for the construction of sidewalks as it may be necessary considering the proximity of the pavement on Sullivan Avenue.
  • Public water and sewers are currently available to service the site.
  • There are is no activity proposed on this site. IWA/CC approval was required for creation of the lots.  The Commission approved the application on September 17, 2014 with the following conditions:
  • Conservation easement along the wetlands on Lot #4
  • Utility easement and access easement for Lot #4 over Lot #3 must be shown on the plans and out of the area of the wetlands
  • There would be a 50 foot buffer requirement along the rear of Lot #4. This land is adjacent to existing Town open space and any buffer requirement can be met by the existing vegetation on site.  The buffer line will be reflected on the final plot plan.
  • Any proposed development would be subject to additional site plan approval by the IWA/CC as well as this Commission.
  • If this application is approved, the Planning Department requests no additional approval modifications other than those already noted.
Town Engineer, Jeff Doolittle, gave staff comments requesting a 10’ easement along Sullivan Avenue for a bicycle path.

Mr. Robert Dickinson, resident of Birch Road, distributed maps to the Commission and made a request for a bicycle route along Sullivan Avenue.

Mr. Skip Burke from South Windsor Walk & Wheel Ways and resident echoed Mr. Dickinson’s comments.

Attorney Hal Cummings spoke on behalf of the potential purchaser of the property if this application is approved and stated it is not an issue to include sidewalks and will come in with a plan at time of site plan approval.

Secretary Commissioner Marrero read three letters of support for the inclusion of sidewalks or multi-use paths on Sullivan Avenue from SWW&WW members, Ken Sek, resident of Griffin Road, Skip Bourke, resident of Murielle Drive, and Ginny Hole, resident of Lefoll Boulevard (Exhibit C).

Commissioner Marrero stressed access management for the three lots proposed with the middle lot having access to the traffic light and asked about interconnecting drives between the lots. The Director of Planning stated there are regulations regarding access management which will come into play at the time of a site plan. The Commissioner asked why the Town owned parcel was being split. Attorney Hal Cummings stated the parcel was acquired by the Town to build the firehouse and the remaining eleven acres have been put up for sale. A buyer has come forward with the intent of purchasing the first lot with a plan of creating a brewery with an option to purchase the remaining two lots. The Town has the right to continue to offer the remaining two commercial lots for sale with the right of first refusal to the buyer of the middle lot who intends to purchase all three and return the land to a single parcel.

Commissioner Carroll recommended paving the multi-use path proposed. The Town Engineer confirmed the multi-use path would be 10’ wide and paved.

Commissioner Foley asked about the wetlands on Lot #4. The Director of Planning explained.

Chairman Pacekonis stated the split is not ideal but if a viable deal is under way to use the property productively he is in agreement.

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

  • This approval is for 3 lots, numbered #2, #3, and #4.
  • A 10 foot sidewalk easement shall be added to the Sullivan Avenue frontage to ensure there is adequate room to construct the sidewalks and/or a multi-use path.
  • All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority at the time of site plan approval.
  • Water shall be supplied to this subdivision by public water.
  • This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission including a conservation easement over the wetlands on Lot #4.
  • Access to Lot #4 must be through the access easement on Lot #3. The access easement must be defined on the plans.
  • All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits.
  • The Town Engineer’s review comments dated 9/23/14 must be incorporated into the final plans.
  • No building permits will be issued until all modifications have been complied with, site plans for the individual lots have been approved, and the final plans have been filed in the Town Clerk's office.
Commissioner Kuehnel seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-44P, Cerone In-Law Apartment – request for a Special Exception to Section 7.17 for a size waiver to construct a 1,118 sq ft apartment (900 sq ft allowed), on property located at 26 Brewster Road, A-30 zone
The Director read through the criteria for the Special Exception with the request for a waiver of the 900 sq ft size requirement. She went on to state that although In-Law apartment requests are typically reviewed at staff level, this application would be brought before the Commission for review, even without the size waiver request, because of the appearance of the garages at the front. Approval for an in-law apartment is for a five year period which can be renewed but not marketed as such when a property is sold. It must be converted back to a single family dwelling at that time.  The Commission discussed the criteria regarding the front elevation proposed and came to the conclusion the request did not meet the criteria to have the appearance of a single family home and to deny the application without prejudice and waive the permit fee for reapplication.

Commissioner Carroll made a motion to deny the application without prejudice.
Commissioner Kuehnel seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-46P, Saczawa Horse Farm Special Exception - request for special exception to 7.12.2 and site plan approval for the use of existing barns and farm for boarding and training of horses, under the Commercial Animal Agriculture regulation, on property located at 253 and 291 Main Street, A-40 zone
The Director of Planning crafted a condition for the access drive with the requirement it be in place prior to opening.

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

  • This permit is to operate a horse facility for boarding, training, and instruction.  This approval is for a maximum of 31 horses on the combined property of 253 and 291 Main Street.  
  • The building street number must be included on the final plan.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • The property must be fenced, in whole or in part, to contain the horses within the property.
  • Housing/stabling of horses is restricted to the rear yard of the premises. Use of trailers for stabling horses is not permitted.
  • Manure storage and handling must adhere to the storage/handling plan as approved the by the Health Officer. If the applicant wants to make changes to the storage/handling arrangements, the changes must be approved by Town staff prior to implementation. Manure shall not be allowed to accumulate to cause any health hazard, and shall be subject to inspection by the Health Officer. Fly control measures are required.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
  • No public events, activities, show, etc. can be held at this site unless further approval is granted by this Commission.  No public address system is allowed to be used on site.
  • The properties at 253 and 291 Main Street must be combined by deed into one property as presented on the approved site plan.
  • Requirements in memo from Sherry McGann dated 9/9/14 for the sanitary disposal system and manure management plan must be incorporated into the final plans.
  • Engineering comments dated 9/22/14 must be incorporated into the final plans.
  • An access drive shall be added along the northern property boundary. This drive is to be installed prior to the opening of the business. The existing residential drive is to be used for residential use only.
Commissioner Kuehnel seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-47P, Yoga Classes at Unity Church – request for a two year temporary and conditional permit to allow yoga classes on a limited basis, on property located at 919 Ellington Road (Unity Church), RR zone
Commissioner Kuehnel made a motion to approve with the following modification:
The Temporary and Condition permit will expire on 9/23/2016.
Commissioner Carroll seconded the motion.
The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

MINUTES: 9/9/14 adopted by consensus.

OLD BUSINESS:   

Director of Planning Lipe distributed revised chapters 9 and 10 of the POCD to the Commission.

Town Engineer Doolittle stated a preliminary study has begun on the ball field at the high school stadium.

Vice Chairman Wilson stated she attended the CRCOG regional planning meeting.

Commissioner Kuehnel volunteered to represent the PZC for the Town Solar Committee and Chairman Pacekonis volunteered to be the alternate.

Commissioner Carroll asked about the status of access to the Dzen Tree farm property and it was determined there is nothing before the Commission at this time regarding the issue.

OTHER BUSINESS:  

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:52 p.m. was made by Vice Chairman Wilson
Seconded by Commissioner Marrero
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary