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PZC Minutes 10-14-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Billy Carroll, Elizabeth Kuehnel, Kevin Foley
ALTERNATES PRESENT: Stephanie Dexter, Mike Baum
STAFF PRESENT: Michele Lipe, Director of Planning; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:


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, October 2, 2014 and Thursday, October 9, 2014.

Chairman Pacekonis seated Alternate Commissioner Dexter for Commissioner Bonzani.

  • Appl. 14-49P, RE/MAX Edge Professional Office Building – request for a special exception to Section 5.3 (Office Conversion Overlay) for conversion of the existing house into professional offices, on property located at 736 Deming Street, RR zone
Mr. Andy Kebalo, representing his wife and applicant, Cheryl Kebalo of RE/MAX EDGE CAK Realty, presented the request with Mr. Andy Krar, PE from Design Professionals, Inc. addressing site design. The office conversion overlay zone is proposed for a residence on an acre parcel located on Route 30 with the physical address of 736 Deming Street served by town sewer and well water. WPCA approval has been received for the residence to office usage change. The footprint of the building will remain the same with cosmetic upgrades of new windows, siding and roof with parking in the back proposed. Mrs. Cheryl Kebalo described her current business office measuring 273 sq ft located inside Stop & Shop which services seven (7) agents. The proposed hours of operation are Monday – Friday, 9:00 a.m. – 5 p.m., Saturday and Sunday, 9:00 a.m. – 1:00 p.m., with occasional evening appointments to meet their client’s needs. Mr. Kebalo stated the project meets all criteria for the office overlay zone.

Mr. Andy Krar stated he designed the site plan for the application and described the office conversion of the existing fifty one year old home. Twelve (12) parking spaces were calculated to meet the requirements off street parking. The site plan shows the driveway and a rear parking lot with nine (9) parking spaces. Storm drainage was described with run off from the parking lot running northeast to southwest and all drainage will enter a new catch basin connected to infiltrator units. There will be 5.3% lot coverage (15% maximum allowed) with 22% impervious coverage (40% maximum allowed). The site lighting proposed is for one light 12’ high shining down in compliance with the Town dark sky compliant regulations, not casting more than ¼ foot candle beyond property boundaries. The existing 10’ wide driveway will be widened to 24’ for the first 30’ of the driveway for accessibility and then narrowed to 16’. A 10’ wide landscape buffer along the side property lines is proposed for screening. The rear of the lot has existing woodland. The existing wood line on east side of the property will be enhanced with the planting of mountain laurels for additional screening.

Director of Planning, Michele Lipe, gave staff comments including two comments from the Town Engineer:

  • Request for a Special Exception to Section 5.3, Office Conversion Overlay, and site plan approval for the conversion of an existing home to professional offices at 736 Deming Street, RR zone. The applicant intends to use the offices for a real estate office.
  • The Office Conversion Overlay regulation allows for the conversions of existing structures in residential zones to professional offices and to facilitate the preservation of historic structures, where deemed appropriate by the Planning and Zoning Commission, taking into consideration such factors as proximity to commercial uses or zones, traffic volumes, amount of commercial traffic, and the suitability of the land for office conversion.
Such uses will be allowed only when the Commission has determined that:
  • traffic impacts will not be detrimental to the residential character of the neighborhood;
  • there will be minimal adverse effects on existing residential uses in the area;
  • surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted;
  • impacts will not be detrimental to the capacity of present and proposed utilities, streets, drainage systems, sidewalks, and other infrastructure;
  • the land is physically suited to the proposed use and minimal adverse environmental impacts are created
  • The specific criteria for office conversions include:
The building shall have been constructed at least 50 years prior to the date of application for approval, or 1964.  This house was built in 1963.
The lot has an area of not less than 30,000 square feet.
The lot has frontage of not less than 150 feet; this lot was created by variance.
An adequate line of sight entering and exiting the site is provided.
Side and rear yards shall contain landscaped buffers of ten feet in width.
Maximum impervious coverage shall be 40%.

  • The applicant has submitted a narrative for the business.  The specific hours and days of the week that the business was mentioned during the hearing? Will there be any employees?
  • The site changes proposed include the enlarging the entrance drive, the addition of a parking lot to accommodate the 7 spaces required and walkways to accommodate handicap accessibility.  Required parking for this use is 10 spaces; three spaces are shown as reserve.
  • Some vegetation has been proposed along the easterly line; however none is shown along the westerly property line. Although some vegetation exists, staff would recommend that additional landscaping or consideration of decorative fencing bee added to screen any car lights from shining into the abutter’s property.
  • A free-standing sign is proposed along the property frontage.  The regulations allow 24 sq ft, 5 feet in height.  They are proposing a 20 sq ft sign.  The lighting proposed includes on residential style fixture, 12 feet in height.  We would request that the light be placed on a timer.  
  • There are no regulated wetlands and the applicant is disturbing less than 20,000 sq ft; therefore no IWA/CC approval was required.
  • The existing house is serviced by sanitary sewers and well.  WPCA approval was granted on October 7, 2014 for the change of use to a commercial use.  Sherry McGann, Environmental Health Officer, has provided information of the well testing that will be required by Department of Public Health.  
  • There is a dumpster pad shown on a concrete pad and screened.  The applicant will be required to arrange for private trash disposal.
  • If this application is approved, the Planning Department has no modifications to request.  
  • The comments from Jeff Doolittle, Town Engineer, regard the dumpster pad details which needs to be eight (8) inches thick with reinforced concrete slab and
  • The storm water drainage system has been discussed with Mr. Krar as to whether what has been proposed should be ‘flipped’ so that the catch basin is next to the parking lot with infiltration chambers running south under the lawn. The Planning and Engineering Departments recommend these changes be incorporated into the final plans.
Attorney Harold Cummings of Ellington Road, representing the Zahner’s who had sponsored a text amendment for the office conversion zone, spoke in favor of the application.

Mr. Harley Singh Cheema, abutting neighbor on Deming Street, spoke in favor of the application and requested the debris collected in the wooded buffer area to be cleared away and the area kept clean.

Ms Kris Millerd, abutting neighbor on Deming Street, spoke in opposition to the application stating her property abuts the entire length of the subject property and has concerns with seeing a parking lot in her back yard and asked that fencing or natural landscape barrier should be required. The proposed hours of operation on weekends and in the evenings will have a direct impact on their family life. Ms Millerd asked for clarification of the number of employees, cars and traffic which will be there on a regular basis as well as the start and end of construction.

Commissioner Baum asked about the number of parking spaces and adding an adequate buffer to the property line. Mr. Krar stated the applicant is requesting nine parking spaces. Mrs. Kebalo stated there is one secretary who is in the office daily and seven agents, including her, though all agents do not come to the office every day. The secretary will be in on weekend hours for anyone coming in to sign contracts. Mr. Krar stated they will comply with the Director’s recommendation for additional landscaping along the west property line and their landscape architect will dialog with town staff about the types of plantings required.

Commissioner Carroll asked about the proposed Sunday hours of 9:00 a.m. – 1:00 p.m. Mrs. Kebalo stated they can limit their Sunday hours from 10:00 a.m. – 1:00 p.m. and that by appointment hours may happen on occasion if someone may need to sign a contract after hours. She stated most business happens during the day with agents out showing properties and rarely coming in to the office. Mrs. Kebalo suggested working no more than three hours on a Sunday vs. specific time frames. Commissioner Carroll asked about fencing or shrubbery for a buffer. Ms Millerd asked for plantings to act as a fill between the existing row of pine trees to create privacy rather than fencing. She asked for a reasonable cut off time for business being conducted on the property and specific Sunday hours to be set. Commissioner Carroll suggested limiting ‘appointment only’ hours up to 9:00 p.m.

Commissioner Foley asked Mr. Krar about the existing garage and agreed that opening up the hours to anytime on Sunday was not a good idea and that 10:00 a.m. – 1 p.m. was a good compromise.
Commissioner Marrero asked if there is existing illumination for the access drive. Attorney Cummings stated it is well lit with the existing street light and ambient light from the assisted living facility and there is no need for additional lighting at the driveway.

Commissioner Kuehnel asked if the applicant is considering a timer for the light in the parking area. Mr. Krar confirmed they would.

Commissioner Dexter asked for clarification of hours of operation and asked if there are no appointments at 5 p.m. will all agents depart the premises. Mrs. Kebalo stated the secretary’s hours are 9:00 a.m. to 5:00 p.m. but an occasional agent could process paperwork after hours. The Commissioner asked Mrs. Kebalo to encourage all agents, if there are no appointments, to leave the facility at 5:00 p.m. in order to be good neighbors.

Chairman Pacekonis asked Mr. Krar about the potential height of the mountain laurel plantings. Mr. Krar referred the Chairman to Sheet LS1. Commissioner Foley confirmed a 6’ - 8’ mature height. The Chairman and Mr. Krar discussed the drainage. Chairman Pacekonis asked how far back the buffers go on the east and west sides of the property wanting to assure it will go at least as far as the parking area. Mr. Krar stated the vegetative buffers will go at least to that general vicinity and to beyond any proposed reserve parking areas.

Chairman Pacekonis closed the public hearing at 8:15 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 8:19 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. 14-48P, 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
Mr. Stephen Castle presented the request for his small engine repair business called Castle Small Engines which operates through a pick up and delivery business out of an 864 sq ft building for the maintenance of lawn mowers and other small engines and blades. Deliveries are made by trailer. The hours of operation are 9 a.m. – 4 p.m., Monday through Friday. Mr. Castle is the only employee. Waste oil is contained within a waste oil drum which is picked up by a Manchester auto shop which drops off a clean drum. No equipment is stored outside beside the trailer used for deliveries.

Director of Planning, Michele Lipe, gave staff comments:

  • This is an application for a 5 year major home occupation permit for a small engine repair business at 320 Long Hill Road, Rural Residential zone.
  • The reasons for requiring PZC approval are to ensure that:
  • The home occupation is clearly secondary to the use of the building for dwelling purposes;
  • The home occupation is compatible with other permitted residential uses in the residential district;
  • The residential character of the dwelling and the neighborhood are maintained and preserved; and
  • All residents have freedom from excessive noise, traffic, nuisances, fire hazards, offensive odors and pollutants and other possible effects of commercial uses being conducted in residential areas.
  • The applicant has provided information demonstrating compliance with the regulations.  The narrative indicates that he will be using an existing detached garage, which is approximately 864 sq ft.  He has provided a plot plan showing the location of the garage on the property.
  • No employees are proposed at this time.  
  • The hours of operation have been identified as Monday – Friday, 9:00 a.m. – 4:00 p.m.
  • The applicant has indicated that waste oil acquired during the servicing of equipment will be collected in a 55 gallon drum.  When full, the drum will be removed and replaced with an empty drum by a contracted Manchester based business.
  • Equipment will be brought in by a pick up and delivery service that the applicant offers.  Occasionally a customer will bring small equipment in for servicing.  The applicant’s landscape trailer, used for the pick up and delivery of equipment will be stored behind the shop when not in use.
  • The applicant has indicated that no equipment will be stored outside during non-business hours.
  • A two sq ft sign is allowed by regulations, although the applicant has not proposed any signage with this application.
  • If this application is approved, the Planning Department has no further modifications to request.
Commissioner Marrero asked about noise levels and weekend hours. Mr. Castle replied any noise is well below the level from a landscaper and no weekend hours are proposed because he is too busy with his children’s schedules.

Chairman Pacekonis disclosed knowing the applicant through their children’s soccer divisions and Commissioner Carroll stated without prejudice he was once a customer of Mr. Castle.

Chairman Pacekonis stated the approval is for a 5 year permit and to be aware of neighbors and renewal. The Chairman stated if there was a possibility of additional hours it would be a good time to ask. Mr. Castle stated Saturday hours 9 a.m. – 1 p.m., if necessary.

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

  • The business must be operated by the homeowner.
  • The permit will expire on 10/14/19, and will have to be renewed at that time.
  • Only one non-resident employee can be hired.
  • Hours of operation are Monday through Friday, 9:00 am – 4:00 p.m., and Saturday, 9:00 a.m. – 1:00 p.m.
  • Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
  • Any new building, or alteration/additions and/or signage to existing buildings, requires a building permit prior to start of construction.
Commissioner Kuehnel seconded the motion.

The motion carried and the vote was unanimous.

  • PZC sponsored zone change to create two Village District Overlay Zones: South Windsor Center Core (CCOZ) and South Windsor Center North (CNOZ); and zone text amendments to add Section 5.6 Center Core Overlay Zone regulations and Section 5.7 Center North Overlay Zone which includes General Concepts; Permitted Uses; Bulk Requirements; Site Appearance and Parking Requirements; Multi-Family Requirements; and other performance standards for properties within the two new overlay zones, and add Section 8.8 Village Districts which outlines considerations and procedures for development within the zones.
Consultant Glenn Chalder went over the red-lined text of the proposed zoning regulation amendments showing possible changes based on the public hearing input. Some changes concerned the outside display of merchandise, bicycle circulation, and changing the parking ratio of 3 spaces per 1,000 sq ft in the Center Core to allowing an applicant to request a parking ratio at 80% of the number from the current regulations provided the applicant can convince the Commission it will be adequate to meet the needs of the development.

A concern about multifamily housing overtaking the development approach expressed at the public hearing was addressed by putting into the regulation draft 50% maximum residential development of the total floor area for the Center Core and 67% total residential for the North Core as figures to be discussed by the Commission. Commissioner Carroll asked for clarification of what that would mean. Mr. Chalder went over various building development scenarios. Director Lipe stated the Northern Core density would also be driven by 4 ½ units per acre requirement and offered perspective of the amount of available land in the proposed zone by describing the limited areas in both the Center and North Core areas and the restraints posed by wetlands in areas where development could occur.

Mr. Chalder described the potential of two property owners of two buildings in the Center Core creating a consolidated parcel between them where together a third building could be created. Commercial use, such as retail, office or restaurant, would be required on the first floor of the building. A 50% ratio would offer one floor above for residential and 67% would allow residential on two floors above. The Chairman asked for clarification of 3 ½ story buildings. Although there is not a definition of a ½ story in the current regulations, most towns define a ½ story as an area above a floor and below a roof where the habitable floor area (measuring a height of 7’6” or more) is 50% or less of the area below. This then will affect the pitch of the roof. Mr. Chalder stated given the character of South Windsor and its colonial heritage, the regulation was crafted with a ½ story to achieve an architectural style South Windsor may want. Three stories with a sloped roof is not mandated but could be used to allow space beneath the roof to be used and to create an attractive building.

Director Lipe stated the Gateway regulations were originally written with a 2 to 1 ratio, residential to commercial, with retail on the 1st floor and residential above with a 67% ratio. Mr. Chalder stated there are a few larger properties in the Center Core with development potential with the opportunity for owners to consolidate so the ratio of commercial to residential becomes more of a policy issue. Commissioner Foley encouraged visiting the new multi-use development in Storrs. Mr. Chalder cited differences in what could occur in South Windsor and encouraged the Commission, in creating a pedestrian friendly streetscape which has active uses on the first floors, to take great care in the design configuration of dumpster locations, parking areas, and service areas to be sure the pedestrian friendly nature is considered. The Commission and applicants have incentives in the regulations to promote even better design. Commissioner Carroll noted the Village District also offers the Commission more design control. The Commissioners agreed that allowing a maximum of 67% residential in both the Core and Northern Core areas as a good starting point.

The Director of Planning went over proposed changes to the zoning map based on commentary received at the public hearing. The Commission agreed that the only change to make would be to have the zone follow the watercourse through the Town hall property.

Commissioner Carroll made a motion to approve with the following modifications the following (Exhibit A):

PZC sponsored zone change to create two Village District Overlay Zones: South Windsor Center Core (CCOZ) and South Windsor Center North (CNOZ) as shown on map; and zone text amendments to add Section 5.6 Center Core Overlay Zone regulations and Section 5.7 Center North Overlay Zone which includes General Concepts; Permitted Uses; Bulk Requirements; Site Appearance and Parking Requirements; Multi-Family Requirements; and other performance standards for properties within the two new overlay zones, and add Section 8.8 Village Districts which outlines considerations and procedures for development within the zones.  

  • The Planning and Zoning Commission finds that the zone change and zone text amendments are in conformance with the Town Plan of Conservation and Development.
  • The effective date of the zone change is 10/26/14.
  • Changes to the map as noted east of the watercourse along Petersen Way would not be included.
  • Change percentage in Section 5.6.11 D. 1. from 50% of the total floor area to 67% of the total floor area.
Vice Chairman Wilson seconded the motion.
The motion carried and the vote was unanimous.

  • Appl. 14-49P, RE/MAX Edge Professional Office Building – request for a special exception to Section 5.3 (Office Conversion Overlay) for conversion of the existing house into professional offices, on property located at 736 Deming Street, RR zone
Commissioner Carroll and Director Lipe clarified hours of operation as 9:00 a.m. – 5:00 p.m. weekdays, Saturday, 9:00 a.m. - 1:00 p.m., Sunday, 10 a.m. - 1:00 p.m. and by appointment only, with all activities ending by 9:00 p.m. Outdoor lights on a timer to shut off by 9:00 p.m., and additional screening must be added along the western property boundary in the vicinity of the parking area to effectively screen the parking area. Chairman Pacekonis asked for clarification of the buffer along the parking area to the east.

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

  • No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
  • All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor.
  • This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
  • The building street number must be included on the final plan.
  • Pavement markings must be maintained in good condition throughout the site drives and parking areas.
  • All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
  • Engineering comments dated 10/10/14 must be incorporated into the final plans.
  • Additional screening must be added along the westerly property boundary in the vicinity of the parking area to effectively screen the parking area.
  • Outside parking lot lighting must be placed on a timer and off by 9 p.m.
  • Environmental Health Officer’s requirements, outlined in her memo of October 6, 2014, regarding the well must be complied with.
  • A landscape bond in the amount of $1,000 must be posted prior to the commencement of any work.
  • Hours of operation are: Monday – Friday, 9:00 a.m. – 5 p.m., Saturday, 9:00 a.m. – 1 p.m., and Sunday, 10 a.m. – 1 p.m., and by appointment only. All activities on site must end by 9:00 p.m.
Commissioner Carroll seconded the motion.

Commissioner Marrero noted part of the parcel is in Manchester. Director Lipe stated Manchester was notified as part of the application process and the applicant will have to work with Manchester as well as South Windsor for the permitting process.

The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

MINUTES: 9/23/14 and 9/30/14 adopted by consensus.

OLD BUSINESS:   

OTHER BUSINESS :  

The Director of Planning stated there will be a public hearing on October 28th for zoning regulation changes for Northern Route 5 and encouraged Commissioners to visit the area. And as solar panel use increases the Commissioners were also asked to consider regulations regarding free standing solar panels.  Lipe will prepare a draft for the Commission to review.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:17 p.m. was made by Commissioner Foley
Seconded by Commissioner Wilson
The motion carried and the vote was unanimous.


Respectfully Submitted,
Lauren L Zarambo
Recording Secretary