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PZC Minutes 06-09-15
MEMBERS PRESENT: Bart Pacekonis, Viney Wilson, Mario Marrero, Elizabeth Kuehnel, Billy Carroll
ALTERNATES PRESENT: Stephanie Dexter, Courtney King
STAFF PRESENT: Jeff Folger, Senior Environmental Planner; Lauren Zarambo, Recording Secretary

APPLICATIONS OFFICIALLY RECEIVED:

PUBLIC HEARING / MADDEN ROOM

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 Friday, May 29, 2015 and Thursday, June 4, 2015.

Chairman Pacekonis appointed Alternate Commissioner Dexter to be seated for Commissioner Foley and Alternate Commissioner King for Commissioner Bonzani.

  • Appl. 15-31P, 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. 16,000 sq ft of the existing facility, at 85 Nutmeg Road South,  I zone
Applicant Mr. Gerry Matyschsyk presented the request stating in three years his business has outgrown their original 6,000 sq ft location and will now move into a 16,000 sq ft space. The lighting requirement in the parking lot will be addressed as well as the five building mounted lights, only one of which is presently functional. Sprinkler and fire alarm systems must be addressed per the building official and fire marshal.

Mr. Jeff Folger, Senior Environmental Planner, sitting for 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 85 Nutmeg Road South, I zone. The business will occupy 16,000 sf. of the existing facility.
  • This site was the subject of a town foreclosure and the current owner has been making improvements to the property.  The northern portion of the building had previously occupied, however the southern portion (referenced as Phase II) was approved in 1993, built however never inspected or given a Certificate of Occupancy.  The site plan approval has since lapsed, so the owner will need to address that prior to its occupancy.
  • There are no significant exterior site improvements proposed with this application other than replacing non-functional lights, some additional line striping of parking spaces for handicap spaces and the addition of three street trees along Nutmeg Road frontage.
  • The applicant is proposing to be open daily and will begin at 5:30 AM and will run sporadically all day. How late will the facility stay open?
  • 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.
  • The parking requirement based on uses in the building for phase 1 is a total of 105 spaces. The parking requirement for this use is 60 spaces; 60 spaces have been provided.
  • The site is lit by building mounted lights.  The applicant provided staff with current lighting levels that exists on the site, five mounted lights are present with four being non-functional.  The applicant has agreed to replace the non-functional lights and evaluate the light coverage.  He has agreed to upgrade the lighting as necessary.
  • The applicant should consult 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 fire marshal has indicated that the sprinkler system must be active before the space can be occupied.
  • The site is served by public water and public sewers.  WPCA approval is required.  
  • 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 for or against the application.

Commissioners Carroll asked about hours of operation. Commissioner Marrero asked about parking. Mr. Matyschsyk stated there are 96 spaces in total with 60 spaces provided for their use which is class based dictating how many people use the facility at one time. Chairman Pacekonis noted any replacement lights must be full cut off and dark sky compliant. An 8 p.m. closing time will accommodate the last class ending at 7:30 p.m. No complaints have been made against the business.

The Chairman closed the public hearing at 7:48 p.m.

REGULAR MEETING / MADDEN ROOM

CALL TO ORDER: The Chairman opened the Regular Meeting at 7:48 p.m.

PUBLIC PARTICIPATION:

NEW BUSINESS: Discussion/Decision/Action regarding the following:

  • Appl. 15-30P, Julie's Barks & Bubbles LLC – request for renewal of a two-year temporary and conditional permit to operate a doggie daycare and grooming business on property located at 1678 Ellington Road, RC zone
Mr. Peter Lund and daughter, Ms. Julie Lund, presented the request for renewal. Mr. Lund stated business has been in operation since 2007 and this request is to continue keeping the doggie day care and grooming business open.  

Mr. Jeff Folger gave staff comments:

  • Request for renewal of a two-year temporary and conditional permit to operate a dog grooming/dog daycare/dog training business at 1678 Ellington Road, RC zone. The T&C permit was originally issued in 2007, renewed in 2009, 2011, 2013, and expires on July 10, 2015. The permit included hours of operation for the daycare from 7 a.m. – 6 p.m. M-F; for the grooming services 9 a.m. -3 p.m. Monday through Friday and 9 a.m. – 12 p.m. on alternate Saturdays.
  • The Planning Department is not aware of any complaints about this business.
  • The State licenses the facility. Their requirements cover such items as floor covering materials, size of runs, water, lighting, ventilation, temperature, and sanitation. It is required that feces and other excreta be removed at least once a day and runs washed down with hot water and disinfectant cleaner. Excreta must be disposed of in a sanitary manner. The animal waste and grooming waste are disposed of periodically by a licensed refuse hauler.
  • 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, the planning department has no modifications to request.  
Commissioner Carroll and Chairman Pacekonis discussed hours of operation with the applicant.

Commissioner King made a motion to approve with conditions:

  • This permit will expire in two years, on July 10, 2017, and will have to be renewed at that time if the use is to be continued.  
  • Any new building, or alterations/additions to existing buildings, requires a building permit prior to start of construction.
  • If the weekly dumpster pickup is not sufficient to minimize potential odor and fly problems, additional pickups may be need subject to the Town Sanitarian.
  • The hours of operation are as follows:  
  • Daycare: Monday-Friday 7 a.m. – 6 p.m.
  • Grooming: Monday-Friday 9 a.m. – 3 p.m., Saturday 9 a.m.-1 p.m.
  • Training: evenings 6 p.m. to 9 p.m. and or Saturdays 8 a.m. – 6 p.m.
Commissioner Carroll seconded the motion
The motion carried and the vote was unanimous.
  • Appl. 15-31P, 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. 16,000 sq ft of the existing facility, at 85 Nutmeg Road South,  I zone
Commissioner Kuehnel made a motion to approve with modifications:

  • This approval is for a Cross Fit Brickyard Training to be located in the northern section of the existing building at 85 Nutmeg Road North as shown on the approved site plan.  There is an as-built required and there may be additional approval needed prior to the use of the southern portion (the 1994 addition) can be utilized as industrial space.  
  • Hours of operation of this CrossFit facility for the business will be: Monday – Friday 5:30 a.m. – 8:00 p.m., Saturday and Sunday 8:00 a.m. – 1:00 p.m.     
  •   
  • 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.
  • No building permit will be issued until the final mylars have been filed in the Town Clerk's office.
  • A landscape bond in the amount of $1000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed.
  • All bonds must be in one of the forms described in the enclosed Bond Policy.
  • This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
  • 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 to. The sprinkler system must be active prior to the use of the space.
  • The existing lights must be repaired and in working order and lighting levels submitted to staff for review. In the event the levels are insufficient, additional lighting shall be added within parking areas and must be full cut off, dark sky compliant.
  • The southern portion (referenced as Phase II) is not approved for occupancy. Since the site plan approval has since lapsed, a new approval is required prior to its use.
Commissioner Carroll seconded the motion
The motion carried and the vote was unanimous.

  • South Windsor High School Change Order for the turf fields
Mr. Kevin Fuselier, associate from Milone & MacBroom, Inc. of Cheshire described the proposed synthetic turf field, its infill, anchoring, and drainage systems. There will be no change to the footprint. No lighting or seating proposed. It is for track and field use only, will be permanently striped and have new goose neck goal posts.

Commissioner Kuehnel made a motion to approve the change order as requested
Commissioner King seconded the motion
The motion carried and the vote was unanimous.

  • Appl. 14-58P, Scannell Properties #205, LLC request for the release of the bonding requirement for the multi-modal pathway also required by OSTA
Mr. Folger stated this bond was placed as part of the approval conditions and was duplicated by the state traffic commissioner’s request for the same bond.

Commissioner Carroll made a motion to approve
Commissioner Kuehnel seconded the motion
The motion carried and the vote was unanimous.

BONDS: Callings/Reductions/Settings

  • Appl. 09-37P, Nuway Tobacco Addition IWA/CC Bond in the amount of $2,500 to be reduced by $2,500 to leave a balance of -0-
Commissioner Marrero made a motion to reduce the above mentioned bond. Commissioner Carroll seconded the motion. The motion carried and the vote was unanimous.

MINUTES:

OLD BUSINESS:   see page 2

OTHER BUSINESS:  

Mr. Folger described a preliminary request to consider a 1,000 sq ft office addition to a house on Ellington Road abutting the Mill on the River property. The Commissioners reached consensus that the mixed use described would require a special exception permit.

Commissioner Wilson resigned as the PZC representative for CRCOG. Commissioner Marrero was appointed CRCOG representative to complete this year. He stated he attended the last meeting as alternate at which only 9 of 39 municipalities were represented.

CORRESPONDENCE / REPORTS:

ADJOURNMENT:

Motion to adjourn the Regular Meeting at 8:30 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