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PZC Minutes 11-25-14
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Billy Carroll, Elizabeth Kuehnel
ALTERNATES PRESENT: Stephanie Dexter
STAFF PRESENT: Michele Lipe, Director of Planning; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:
  • Appl. 14-54P, Cross Fit Brickyard – request for a special exception to Section 7.13 and site plan of development to operate a personal training facility in approx. 24,100 sq ft of the existing facility, at 1315 John Fitch Boulevard (remaining area in the old Nassau Furniture Building), I zone (received 11/18/14)
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, November 13, 2014 and Thursday, November 20, 2014.

Chairman Pacekonis seated Alternate Commissioner Dexter for Commissioner Bonzani.

  • Appl. 14-54P, Cross Fit Brickyard – request for a special exception to Section 7.13 and site plan of development to operate a personal training facility in approx. 24,100 sq ft of the existing facility, at 1315 John Fitch Boulevard (remaining area in the old Nassau Furniture Building), I zone
Mr. Gerry Matyschsyk, applicant, made the request for a special exception to relocate his Cross Fit Brickyard training business from 1161 to 1315 John Fitch Boulevard to have a larger space for his growing cliental. The maximum class size will have 35 members with up to 3 coaches during the hours of 5:30 a.m. to 5:00 p.m. Mr. Matyschsyk stated he will have a total of 42 parking spaces by adding five spaces to the existing parking.  He has spoken to the other tenant in the building, Anixter whose hours of operation go to 7:00 p.m., for permission to share their parking on site and stated he has received verbal approval but as of this time has not received written approval. After 5 p.m. two training classes will be ongoing requiring 76 parking spaces. There are 128 spaces in the entire lot on site. Light readings have been taken on the property and show rates lower than required so they propose to add five lights and repair any broken lights.

Director of Planning, Michele Lipe, gave staff comments:

  • Request for Special Exception to Article 7.13 of the zoning regulations and site plan to allow a personal training facility in the existing building at 1315 John Fitch Boulevard, I zone. The business will occupy the entire 24,100 sq ft facility. This property recently was in front of the PZC for modifications when the Anixter Company took over a large portion of the building.  
  • There are no exterior site improvements proposed with this application other than some additional line striping of parking spaces in the rear of the building.
  • The applicant is proposing to be open daily and will begin at 5:30 AM and will run sporadically all day ending by 7:30 PM.
  • Special exception criteria for indoor recreational use include:
  • 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 indoor facility will have workout equipment in the large open area and a small office area, lounge changing area, handicap bathroom.  Floor plans have been provided showing the layout of the space.
  • Patrons will enter the building either from the front or along the Strong Road side of the building. The parking requirement for indoor recreational use is one space per 250 sq ft.  The applicant is requesting a modification to the number of spaces in accordance with Section 6.4.9 which allow the PZC to reduce the required spaces after demonstration that:
  • The applicant demonstrates through actual experience that a lesser number of parking spaces will suffice, and further that due to the nature of the building or business, future owners/occupants of the building are also unlikely to need to number of parking spaces required by the zoning regulations.
  • The applicant has 42 spaces currently onsite which is adequate for the daytime scheduling of classes. He has represented that for the evening classes, he has permission to use existing parking on site that will be more than adequate.  A letter must be submitted from the owner of the building and/or Anixter granting permission to use the parking spaces on off hours and on the weekends (See Section 6.4.4 B).
  • The site is lit by building mounted lights and some free standing fixtures.  The applicant provided staff with current lighting levels that exists on the site. The results indicated that the north side parking area and rear of the building had lighting levels below 1 footcandle.  The applicant has agreed to add five additional building mounted lights along the north and west side of the building and to repair the two light figures along the front of the building.
  • The applicant has had discussion with both the Fire Marshal and Building Official regarding the proposed changes to the facility. A building permit will be required for the change of use.
  • The site is served by public water and public sewers. Any new dumpster must be placed on a concrete pad and screened.
  • Any new sign would require a sign permit.
If this application is approved, the Planning Department has no additional modifications to request.

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

Commissioner Marrero and Chairman Pacekonis discussed parking with the applicant and the Director of Planning.

Chairman Pacekonis closed the public hearing at 7:51 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: Chairman Bart Pacekonis called the Regular Meeting to order at 7:55 p.m.

PUBLIC PARTICIPATION: none

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

  • Annual Meeting was postponed until the full Commission is present.

  • Preliminary discussion regarding changes to Evergreen Walk Apartments
Attorney Leonard Jacobs presented a proposed change to the approval for the Apartments at Town Square at Evergreen Walk and introduced developers for the project Misters Howard Rappaport, Richard Vicino, and Ronald Bomengen, and Mr. Phil Forsley of Fuss & O’Neill, Inc. and Mr. Alan Lamson of FLB Architecture representing the property owner. The proposal does not change the number of 200 apartments approved but changes the number of buildings from two to nine with the addition of a clubhouse and two units to be used for showing the apartment types to perspective renters. The Commission voiced positive comments and encouraged the developers to submit future applications.

  • Appl. 14-54P, Cross Fit Brickyard – request for a special exception to Section 7.13 and site plan of development to operate a personal training facility in approx. 24,100 sq ft of the existing facility, at 1315 John Fitch Boulevard (remaining area in the old Nassau Furniture Building), I zone
Commissioner Wilson made a motion to approve with the following modifications:

  • This approval is for Cross Fit Brickyard Training.  Hours of operation of the facility for the business will be Monday to Sunday, 5:30 a.m. – 7:30 p.m.  The number of patrons expected for classes offered during the day prior to 5 p.m. cannot exceed 42 patrons due to parking constraints on site.      
  • 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.
  • A building permit is required for the change of use. The fire marshal’s office and building department must consulted regarding changes to the interior of the building and the specific building codes that must be adhered to.
  • In accordance with Section 6.4.9, the Commission has granted a modification to the required number of parking spaces based on the operation of the facility presented, and a shared parking agreement with co-occupant of the property. The applicant shall provide a copy of this parking agreement in writing prior to use of the building.
  • The existing lights must be repaired and in working order.  Additional building mounted lighting shall be added to the north and west side of the building to provide additional lighting within parking areas.   
Commissioner Dexter seconded the motion.
The motion carried and the vote was unanimous.

  • Discussion regarding ‘Draft’ Alternative Energy regulations
The Director of Planning invited Councilor Steve Wagner to join the Commission for a discussion regarding a draft for alternative energy regulations. The Director stated the draft was formed with material taken from regulations from Enfield and surrounding communities. Questions regarding whether to apply current setbacks in residential areas, whether to allow projects by special exception, and whether ground mounted solar panel structures could be allowed in front yards need consideration.  

Councilor Wagner complemented the draft as written by Director Lipe and stated language needs to be added for solar thermal uses and passed out copies of illustrations of solar thermal and small wind systems taken from the internet. Small and large systems need clarification within the draft and definitions added. Vice Chairman Commissioner Wilson asked for a definition of solar thermal. The Councilor defined it as a system of wide pipes that are heated by the sun to heat water. Solar thermal has different requirements which need to be distinguished in the draft. Screening or fencing could be required as a safety issue for the larger systems which can produce high voltages. He stated there are fenced in systems in Scandinavia on grass where sheep are allowed to graze and mow the grass. At some point in the future small wind regulations should be crafted as well for height requirements as the higher the structure, the more effective the system.

Commissioner Dexter asked about the solicitation of solar companies to residents and what is required. Director Lipe stated building permits are required for the allowed permitted accessory use requiring zoning signoff. Anything existing would be allowed to continue, anything in conflict would be considered existing nonconforming, and anything new would comply with future regulations. Councilor Wagner stated there have been 82 residential solar installations that have been permitted so far. The Town is promoting these installations as authorized by the Town Council.

The Director asked Councilor Wagner whether there is a minimal lot size required for large scale solar projects. Wagner stated it takes 4 acres to generate one megawatt. Town property could easily support 10 acres on farmland. Schools tend to have enough roof surface for their own use. He then described metering. A town could build a solar farm, generate electricity and put it on the grid and buy it back from the grid to power the schools although it is better to generate electricity on the exact site it will be used to avoid transmission and distribution charges.
 
Chairman Pacekonis and the Director of Planning discussed industrial or commercial installations requiring site plan approval with all criteria listed in the regulations to be met. The Commission then agreed large scale systems will require approval by special exception and that all existing setbacks in all zones will apply. The Director will craft language regarding circumstances where front yard ground installations may be allowed when adequate land is available for the Commission to review for further discussion. Director Lipe stated she will also incorporate some of the Councilor’s comments and information from a few solar installers to inform the final draft for the Commission’s review before it is sent to CRCOG. Councilor Wagner stated there are grants associated with a point system and the permitting process and zoning that might be considered as well.


BONDS: Callings/Reductions/Settings

IWA/CC Bond Reductions:
  • Appl.13-34W, Quarry Brook Lot E&S, in the amount of $10,000 to be reduced by $10,000 to leave a balance of -0-.
  • Appl. 13-34W, Quarry Brook Lot Habitat Plantings, in the amount of $5,000 to be reduced by $5,000 to leave a balance of -0-.
  • Appl. 02-18P, SW Technologies Mitigation, in the amount of $12,500 to be reduced by $6,500 to leave a balance of $6,000.
Commissioner Carroll made a motion to reduce the above mentioned bonds. Commissioner Kuehnel seconded the motion. The motion carried and the vote was unanimous.

MINUTES:

OLD BUSINESS:   

OTHER BUSINESS:  

Chairman Pacekonis read a proclamation from the Town Council concerning the creation of a Temporary Solar Installation Subcommittee to the Energy Committee. Commissioner Kuehnel volunteered to represent the Planning & Zoning Commission.

Director Lipe asked the Commission for their input on a general concept of gas stations being included in the Center Core area. Commissioners agreed a free standing gas station is not the type of development to enhance the vision of the Center Core area.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the meeting at 9:09 p.m. was made by Commissioner Wilson
Seconded by Commissioner Dexter
The motion carried and the vote was unanimous.

Respectfully Submitted,
Lauren L Zarambo
Recording Secretary