TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION. 7:00 P.M. 494 Main Street AGENDA

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1 TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION October 17, 2016 Lincoln Center Hearing Room 7:00 P.M. 494 Main Street AGENDA PUBLIC HEARING: 1. CALAMAR, INC. Request a zone change for Parcel B of 188 Spencer Street from EHD to GB zone. Zone Change ( ) 2. TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION To revise the zoning regulations at Art. IV, Sec to modify the maximum sign areas for wall, canopy, marquee and roof signs. Zoning Regulation Amendment ( ) NEW BUSINESS: 1. CALAMAR, INC. Request a zone change for Parcel B of 188 Spencer Street from EHD to GB zone. Zone Change ( ) 2. CALAMAR, INC. To modify the condition of subdivision approval Request for Modification of a Condition of the Approval of the Subdivision Application # ( ) 3. WATERSTONE RETAIL DEVELOPMENT, INC. - For modifications to the storm water management system at 428 and 444 (a.k.a. 434) Tolland Turnpike. Erosion and Sedimentation Control Plan ( ) Special Exception Modification ( ) 4. TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION To revise the zoning regulations at Art. IV, Sec to modify the maximum sign areas for wall, canopy, marquee and roof signs. Zoning Regulation Amendment ( ) 5. DIANNE KUZMICKAS Request a jurisdictional ruling under Section 3.3 of the Inland Wetlands and Watercourses Regulations at 719 Birch Mountain Road. Request for Jurisdictional Ruling ( ) 6. ADMINISTRATIVE REPORTS

2 Planning and Zoning Commission Workflow Prioritization 7. APPROVAL OF MINUTES August 15, 2016 Public Hearing/Business Meeting September 19, 2016 Public Hearing/Business Meeting 8. RECEIPT OF NEW APPLICATIONS R:\Planning\PZC\2016\10 - October 17\Agenda 17 OCT 2016.docx

3 TOWN OF MANCHESTER LEGAL NOTICE The Planning and Zoning Commission will hold a public hearing on October 17, 2016, at 7:00 P.M. in the Lincoln Center Hearing Room, 494 Main Street, Manchester, Connecticut to hear and consider the following petitions: CALAMAR, INC. Zone Change ( ) Request a zone change for Parcel B of 188 Spencer Street from EHD to GB zone. TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION Zoning Regulation Amendment ( ) To revise the zoning regulations at Art. IV, Sec to modify the maximum sign areas for wall, canopy, marquee and roof signs. At this hearing interested persons may be heard and written communications received. Copies of the proposed zoning regulation amendment and the proposed zoning district change may be reviewed in the Town Clerk s office, 41 Center Street, during regular business hours, 8:30 a.m. 5:00 p.m., Monday through Friday, or in the Planning Department, 494 Main Street, during regular business hours, 8:30 4:30, Monday through Friday. Planning and Zoning Commission Eric Prause, Chair

4 TOWN OF MANCHESTER PLANNING DEPARTMENT TO: FROM: Planning & Zoning Commission Renata Bertotti, Senior Planner DATE: October 12, 2016 RE: CALAMAR, INC. Parcel B of 188 Spencer Street Zone Change: EHD to GB zone ( ) Introduction The applicant, Calamar, Inc., is requesting a zoning district change from Elderly Housing Development (EHD) zone to General Business (GB) zone for a recently subdivided parcel, Parcel B, of 188 Spencer Street (location map attached). The proposed site is located on the south side of Spencer Street, east of the intersection with Hillstown Road. The recent approval of the EHD zone change with the site development plan approval for the 128-unit elderly multi-family apartment building included Parcel B, which was later subdivided out of the original development with the condition that it be conveyed to the owner of 184 Spencer Street and be merged with 184 Spencer Street (the parcel on which the McDonald s restaurant is located). The applicant would now like to zone this parcel back to its original GB zoning. Parcel B is approximately 0.41 acres in area. When McDonald s was approved in 2014, the portion of 188 Spencer Street now known as Parcel B became subject to a landscaping easement in favor of McDonald s. The easement was intended to screen the commercial neighbors at 162 and 168 Spencer Street. Parcel B on its own does not meet the minimum area for the EHD zone which is why its creation was conditioned upon conveyance to and merging with the adjacent 184 Spencer Street (McDonald s). Considerations for the Commission Zoning Considerations The Commission should consider whether rezoning Parcel B to GB is appropriate for the area and meets the purpose of the regulations. The zoning regulations describe the purpose of the GB zone as follows: A General Business Zone is a mixed use district for general public shopping, services, entertainment and high density residential development. The uses allowed in this zone are by virtue of being permitted uses or special exceptions as defined in these regulations, and

5 no building or land shall be used and no building shall be erected or altered except in accordance with the provisions and uses set forth in this section. As the attached map illustrates, this area of Spencer Street is predominantly zoned GB. The area to the west and north of the subject property is zoned GB. The area to the east is zoned residential, and I-384 runs along the southern boundary of 188 Spencer Street. In addition to 184 Spencer Street (the McDonalds site), there are four other smaller parcels on the north side of 188 Spencer Street. Three of those parcels are zoned GB, and one is zoned Rural Residence (RR). The surrounding uses include Squire Village Apartments and an office building to the east, several smaller offices to the north, and the McDonald s restaurant to the west. Across Hillstown Road to the west is the Shop Rite plaza and across Spencer Street to the north is the retail plaza currently occupied by Pep Boys and Ocean State Job Lot. A 152,430 sq.ft. Wal-Mart has been approved for this site as well. Relationship to the Town Plan of Conservation and Development (Manchester 2020 Plan) The Manchester 2020 Plan designates this section of Spencer Street as Mixed Use Regional Center. The plan describes a Mixed Use Regional Center as: Mixed-use center with larger-scale retail, office and multi-family residential uses adjacent to the I-84 corridor. Sidewalks and multi-use paths are present along a major automobile corridor. A transit hub, including both local and express commuter bus service offers regular access to public transit. Net residential densities range from 10 to over 20 units per acre. Spencer Street is a commercial corridor undergoing a recent influx of economic development. Several vacant or underutilized parcels were recently occupied or approved for development. The area is serviced by public transportation and CTfastrak East is expected to extend its service to the Spencer Street area in RB Attachment R:\Planning\PZC\2016\10 - October 17\Packet Memos\ Calamar, Inc zone change.doc

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7 TOWN OF MANCHESTER PLANNING DEPARTMENT TO: FROM: Planning & Zoning Commission Renata Bertotti, Senior Planner DATE: October 11, 2016 RE: Town of Manchester Planning and Zoning Commission Zoning Regulations Amendment ( ): Art. IV, Sec To modify the maximum sign areas for wall, canopy, marquee and roof signs. The Planning and Zoning Commission is proposing to revise Article IV Section of the zoning regulations regarding the maximum sign area for wall, canopy, marquee and roof signs. The sign regulations were repealed and significantly revised in January At the time of the adoption of the latest revisions, the Commission also discussed the provisions regulating maximum sign area for the above described signage, and decided to revisit that particular subject at a later date, along with some other items (i.e. requiring that illuminated signs near residential areas are turned off during the hours when the business is closed). As a reminder, the particular issue discussed was that the sign area allotment for buildings located 20 or 30 feet away from the street is the same as the sign area allotment for buildings located as far as 149 feet away from the street. Under the current regulations, the sign area is allotted based on a formula that allows three square feet of sign area for each linear foot of the face of the building supporting a sign, with the maximum area allowed being as follows: Building Location Maximum Sign Area Per Tenant Less than 150 Feet from street 100 Square Feet 150 to 250 Feet from street 200 Square Feet Over 250 Feet from street 300 Square Feet Subsequent discussions resulted in a proposed text amendment which limits the maximum allowed sign area of a wall, canopy, marquee or roof sign to 32 sq. ft. when the building supporting such a sign is located within 50 feet from the street, and to 64 sq. ft. when the building is located at a distance feet from the street. For signs that are mounted on buildings located 101 feet or further from the street, the maximum area remains unchanged.

8 The proposed Article IV Section reads as follows: The maximum sign area for wall, canopy, marquee and roof signs shall be calculated on the basis of three square feet for each linear foot of the face of the building supporting such sign, but in no event shall the area of the sign exceed the following size based on the setback of the building face supporting the sign from the right-of-way line of the public street that the sign will face: Building Location Maximum Sign Area Per Tenant 0-50 Feet from street 32 Square Feet Feet from street 64 Square Feet Feet from street 100 Square Feet 151 to 250 Feet from street 200 Square Feet Over 251 Feet from street 300 Square Feet R:\Planning\PZC\2016\10 - October 17\Packet Memos\ Zoning Regulations Amendment Signs.docx 2

9 TOWN OF MANCHESTER PLANNING DEPARTMENT TO: FROM: Planning & Zoning Commission Renata Bertotti, Senior Planner DATE: October 12, 2016 RE: CALAMAR, INC. Request to Modify the Condition of the Subdivision Approval Parcel B at 188 Spencer Street Application # The applicant, Calamar, Inc., is seeking to modify the condition attached to the August 15, 2016 approval of the three-lot subdivision of a acre lot zoned General Business (GB) and Elderly Housing Zone (EHD) located at 188 Spencer Street. The approved subdivision consists of Parcels A, B and C. The condition of the approval pertains to the 0.41-acre Parcel B (see attached map) and requires that Parcel B be conveyed to the owner of 184 Spencer Street and be merged with 184 Spencer Street. The applicant is proposing to delete the above condition and substitute it with the condition that Parcel B shall not be further developed unless and until it is merged with an abutting parcel. The applicant indicated that, if the Commission approves the substitution language, the subdivision plan(s) will be revised to reflect that. Parcel B is subject to a landscaping easement in favor of McDonald s. The easement was intended to screen the commercial neighbors at 162 and 168 Spencer Street. R:\Planning\PZC\2016\10 - October 17\Packet Memos\ Calamar Condition Mod.docx

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11 TOWN OF MANCHESTER PLANNING DEPARTMENT TO: FROM: Planning and Zoning Commission Matthew R. Bordeaux, Environmental Planner DATE: October 12, 2016 RE: Waterstone Retail Development, Inc. 428 and 444 (a.k.a. 434) Tolland Tpke. Erosion & Sedimentation Control Plan ( ) Special Exception Modification ( ) Introduction On July 18, 2016, the Commission granted permit approvals for 444 Tolland Turnpike to develop a 9 acre parcel into a corporate headquarters for Bob s Discount Furniture. The approved development will consist of a 103,500 sf three-story office building and 416 parking spaces along with associated site improvements including landscaping, lighting, utilities and stormwater management. A Bob s Discount Furniture store currently exists on the adjacent parcel known as 428 Tolland Turnpike. See Overall Site Plan attached. This application seeks to make modifications to the proposed stormwater management system at 444 Tolland Turnpike as well as any associated erosion and sedimentation controls. Proposed Modification The previously approved stormwater management system was proposed to include underground stormwater infiltration systems which provided for no discharge offsite. This application seeks to modify the stormwater management system to reduce the infiltration system and instead to discharge stormwater to Union Pond through existing stormwater infrastructure located offsite. You can see the difference between the approved and proposed plans by viewing Sheets C-UT1. Stormwater from the majority of the site will be collected through multiple deep-sump and hooded catch basins and directed through new underground pipes and a stormwater quality unit prior to entering the Town s drainage system to the east of the subject site and ultimately discharging to Union Pond. An easement will be required to convey the flow to the Town s drainage system located on the Town-owned 448 Tolland Turnpike. Clean rooftop runoff is proposed to be directed via several roof leaders to a proposed underground infiltration system. This system is sized to hold and infiltrate storms up to and including the 25-year storm with an overflow into the primary drainage system for storms beyond that.

12 October 12, 2016 Page 2 of 2 Special Exception Modification The project received a Special Exception ( ) approval under Article II, Section (a) and (b) for a development on a site which is four (4) acres or larger in size and for a use which requires automobile parking spaces in excess of 60. The Commission was asked to consider the general requirements of Article IV, Section 20 including the suitability of the location and structures for the use, its compatibility with the neighborhood, adequacy of parking, access and streets for the use, emergency access, public utilities, and environmental protection and conservation. Erosion and Sedimentation Control Plan The applicant has proposed measures to control erosion and sedimentation during construction in accordance with the 2002 CT Guidelines for Soil Erosion and Sediment Control, as amended. The proposed measures are highlighted on Sheet C-ES1 attached. At the construction entrance, the applicant proposes a temporary anti-tracking pad. All existing and proposed catch basins are proposed to be protected by silt sacks and hay bales. The temporary topsoil stockpile, protected by a row of silt fence, is also shown on the plan. Five temporary sediment trap areas are provided and, upon stabilization of the site, the plans state, the accumulated sediment shall be removed and permanent stabilization be established. A row of silt fence is proposed around the perimeter of the disturbed area. Staff Review The Town staff reviewed the plans and documents submitted with the application. Engineering staff had several comments related mostly to the proposed stormwater management plan and recommended the comments be addressed as modifications of approval. MRB R:\Planning\PZC\2016\10 - October 17\Packet Memos\ ,118 Waterstone.docx Attachments

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23 DRAFT MINUTES OF PUBLIC HEARING HELD BY THE PLANNING AND ZONING COMMISSION AUGUST 15, 2016 ROLL CALL: MEMBERS PRESENT: Eric Prause, Chairman Andy Kidd Vice Chairman Michael Stebe, Secretary Jessica Scorso Timothy Bergin Alternate Members: Julian Stoppelman Teresa Ike Patrick Kennedy Also Present: Mark Pellegrini, Director of Planning Renata Bertotti, Senior Planner Karen Logan, Recording Secretary Time Convened: 7:00 P.M. Mr. Prause opened the hearing by introducing the members of the Commission and having Mr. Stebe read the legal notice. MICHAEL G. AND SALLY A. FLYNN For a change of zoning district from Form Based Zone to

24 Business II Zone at 230 Middle Turnpike West. - Zone Change ( ) Attorney Stephen Penny of Manchester presented for the applicants. He described the property located at 230 Middle Turnpike West and provided the background and history of the parcel. Center Motors has been operating at this address since the late 1990 s in a General Business Zone until At that time the Planning & Zoning Commission approved a zoning map amendment which included this property, adopting a Form Based Zone (FBZ). Noting the abutting properties, Attorney Penny discussed the location and zoning for each. Attorney Penny then reviewed the zoning regulations and the uses allowed for this parcel as it is currently zoned. He then discussed the allowed uses that would be available for this parcel if the proposed zone change were to be approved. Attorney Penny went on to address the Character Map in the Town s Plan of Conservation and Development, which describes this parcel as a mixed-use center. This will not be a substantial change in character. Because the parcel is located at the edge of the Form Based Zone and because abutting properties are also zoned Business II, Attorney Penny summarized, it is appropriate to re-zone. Mr. Prause called for staff comments and Ms. Bertotti replied that there were no outstanding comments from staff, and staff did not object to the zone change. Mr. Stoppelman asked what considerations contributed to making this parcel part of the Form Based Zone. Mr. Pellegrini replied that the redevelopment plan generally consisted of re-zoning the entire PZC PH 8/15/16-2

25 parcel along Broad Street. That being said, this parcel is on the edge of the Form Based Zone and an argument could be made to keep all the parcels fronting along West Middle Turnpike zoned as Business. Mr. Stebe asked if the business was grandfathered because this business was in existence when the zoning was changed. Mr. Pellegrini answered that the business is a non-conforming use and cannot be altered; therefore it is limited and cannot expand. Mr. Stebe asked what would prevent other businesses from requesting zone changes and chipping away at the Form Based Zone and what hindrance exists to the business if it remains in the Form Based Zone. Attorney Penny emphasized the implications of being a non-conforming use, citing the limitations of the Form Based Zone and how expensive it is to develop within that zone, as well as the fact that neighboring businesses on West Middle Turnpike are zoned as Business. Mr. Prause asked Mr. Pellegrini what the plan was when the Redevelopment Agency was looking at this parcel. Mr. Pellegrini stated that the redevelopment plan designated this area as mixed commercial. Only the site of the former Parkade was designated as residential use and this is an end parcel next to a Business II Zone. Mr. Prause said that this is not really a gateway property and he did not see much impact in rezoning. Mr. Prause called for public comment and there was none. PZC PH 8/15/16-3

26 Attorney Penny added that this parcel does not lend itself to the Form Based Zone unless it was part of a much larger development. HILLIARD MILLS, LLC Request a special exception under Art. II Sec (a) and (b) for a development on a site which is four (4) acres or larger in size and for a use which requires automobile parking spaces in excess of 60 to add parking at 640 and 642 Hilliard Street, Industrial and Rural Residence Zones. - Special Exception ( ) Mr. Peter Bonzani, of 640 and 642 Hilliard Street, Manchester presented the application to the Commission. The proposal includes the addition of parking in excess of 60 spaces. The Parking Lot Improvement Plan includes paving, the addition of 20 parking spaces, and the establishment of a rain garden to treat and infiltrate stormwater runoff from the proposed new parking area before it is discharged into Bigelow Brook via a stone-lined swale. Additionally, the applicant proposes to add a concrete loading area between Buildings 1 and 4, which can be accessed by an existing gravel driveway. Finally, the proposal includes a small lawn area and two patios of stamped bituminous material near Hilliard Street. Mr. Andrew Bushnell, P.E., L.S., of Bushnell Associates, LLC provided an in-depth description of the scope and nature of the proposed work. He noted that the proposed activity is part of an ongoing re-purposing of the mill buildings and their development. He described the patio area being proposed, as well as decorative planters that will be installed as a barrier between Hilliard Street and the patio to protect pedestrian traffic. He showed the location of the proposed pedestrian walkway PZC PH 8/15/16-4

27 and the rain garden that will be established to treat runoff. He added that there are also plans for some landscaping along Bigelow Brook, as well as improvements to the existing catch basin involving the installation of a hydrodynamic separator. While the proposed activity falls within the upland review area of both Bigelow Brook and the Hockanum River, the applicant expects no detrimental impact to either watercourse. The addition of the rain garden will help with the treatment and management of storm water runoff. Mr. Bushnell added that the plans calls for the use of a double row of silt fence during construction. Mr. Stebe asked what the difference would be between a rain garden and what would normally be used in a similar situation. Mr. Bushnell responded that because of the grading in this area, the rain garden was the only choice. He stated that the rain garden added vegetation to the buffer along the brook and landscaping to the site. Mr. Prause noted that the application included a lot of creative and exciting aspects to the site. He verified with staff that the parking situation was what had triggered the public hearing. Ms. Bertotti responded that was correct and that the Commission was reviewing the application as a special exception modification because the number of parking spaces now exceeds 60, but the use of the site had not changed. Mr. Kidd asked if the plan called for any disturbance of the wetland at the edge of the bank and Mr. Bushnell confirmed that it did. Mr. Kidd then asked Ms. Bertotti if Mr. Bordeaux had had an opportunity to review the application and she said that he did and he had no concerns. PZC PH 8/15/16-5

28 Mr. Kidd asked if the proposed landscaping and concrete planters along the patio on Hilliard Street had been added as a result of staff comments. Ms. Bertotti said that it appeared that was the case, although the staff had not had time to review the latest set of plans, as they had been submitted too close to the meeting date. Mr. Pellegrini clarified that staff would have to have details on the dimensions and description of the planters as a protection from vehicular traffic, but these could be conditions of final approval of the application. Mr. Bushnell stated that the planters would be 3 high and 2 wide by 4 long and planted with flowers to preserve the sightline. Mr. Stebe asked if the sidewalks run past these properties and Mr. Bushnell said no, there are no sidewalks past the gas station. Mr. Prause asked about the proposed parking spaces between Buildings 4 and 6 and whether there was a building there. Mr. Bonzani replied that there used to be a structure there, but it was removed in Mr. Prause called for staff comments. Ms. Bertotti replied that the comments are technical in nature and the applicant had agreed to take care of all of them. Mr. Bordeaux had reviewed the application and he had no concerns, she said. Mr. Prause called for public comment and there was none. PZC PH 8/15/16-6

29 Ms. Bertotti asked for direction regarding the design of the planters. Mr. Stebe stated that as long as safety concerns were met, he was not concerned about them. Mr. Pellegrini noted that staff s concerns were specifically about separating people on the patio from vehicular traffic. Mr. Stebe moved to close the public hearing; Mr. Kidd seconded and all members voted in favor. The Chairman closed the Public Hearing at 8:04 p.m. I certify these minutes were adopted on the following date: Date Eric Prause, Chairman NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN BE HEARD IN THE PLANNING DEPARTMENT. PZC PH 8/15/16-7

30 MINUTES OF BUSINESS MEETING DRAFT HELD BY THE PLANNING AND ZONING COMMISSION AUGUST 15, 2016 ROLL CALL: MEMBERS PRESENT: Eric Prause, Chairman Andy Kidd, Vice Chairman Michael Stebe, Secretary Jessica Scorso Timothy Bergin Alternate Members: Julian Stoppelman Teresa Ike Patrick Kennedy Also Present: Mark Pellegrini, Director of Planning Renata Bertotti, Senior Planner Karen Logan, Recording Secretary Time Convened: 8:05 P.M. NEW BUSINESS MICHAEL G. AND SALLY A. FLYNN For a change of zoning district from Form-Based Zone to Business II Zone at 230 Middle Turnpike West. - Zone Change ( )

31 Mr. Kidd stated that the comments made by the applicant were valid, but he was concerned that changing the zoning of a single parcel would set the Commission up for other requests to change the zoning of other parcels. He said that maybe the Commission should take another look at where the Form Based Zone starts and stops, rather than changing a single parcel. He offered that he was in favor of denying the application without prejudice and having the Commission conduct a future discussion about the Form Based Zone and whether its boundaries needed to be adjusted, particularly with regards to the businesses on West Middle Turnpike. Ms. Scorso agreed with Mr. Kidd that changing a single parcel would set the Commission up for repeated requests for changes in zoning and would chip away at the Form Based Zone. She felt that the form Based Zone was very purposeful and the Commission should look at any rezoning decisions more globally. Mr. Stebe agreed with Mr. Kidd and Ms. Scorso that it was not advantageous to address rezoning the Form Based Zone one parcel at a time. The Commission should consider the whole picture. Mr. Prause added that there was a larger issue of the Form Based Zone, but tonight there was one application before the Commission. Mr. Kidd stated that he would like to have a broader discussion about rezoning in the Form Based Zone, and he would not want to approve the application before the Commission tonight. Mr. Prause asked the Commission members what their thoughts were regarding the Form Based PZC - BM 8/15/16-2

32 Zone and what should be done if this application was denied. He asked if they intended to expand the uses in the Form Based Zone or to create a hybrid zone. Mr. Kidd felt that this was part of what the discussion should be and all options should be on the table. He didn t feel there was any problem with uses in the Business II Zone. Mr. Bergin asked for a historical perspective. He noted that the dealership was in place before the Form Based Zone was established, and asked what would prevent the Commission from approving this application and then having a discussion about the larger issue of rezoning along the edges of the Form Based Zone. Mr. Bergin said he was sympathetic to this business and their rezoning request. Ms. Scorso stated that she would be comfortable with that solution but would want to make sure that the Commission would have the discussion about the Form Based Zone. Mr. Kidd said that there was nothing imminent for that property changing zoning, but he would rather address the issue at one time. Mr. Prause noted that there was no other development occurring in the Form Based Zone that this application would affect. He leaned towards executing this change now and then considering the appropriateness of the rest of the Form Based Zone. Mr. Stebe didn t see the Form Based Zone as creating a hindrance to businesses along this area. PZC - BM 8/15/16-3

33 He believed there needed to be a larger discussion rather than changing one parcel at a time. Mr. Prause called for a motion and Mr. Bergin moved to approve the zone change. There was no second. Mr. Prause called for another motion. Zone Change ( ) MOTION: Mr. Kidd moved to deny the change of zoning district from Form-Based Zone to Business II Zone at 230 Middle Turnpike West without prejudice. Ms. Scorso seconded the motion. Mr. Stebe, Mr. Kidd, and Ms. Scorso voted in favor of the motion. Mr. Prause and Mr. Bergin voted against the motion. The motion to deny without prejudice passed 3 to 2. The reason for the denial is that there needs to be a larger discussion about the Form-Based Zone and the parcels within it before the Commission proceeds with rezoning any given parcel in that zone. HILLIARD MILLS, LLC Request a special exception under Art. II Sec (a) and (b) for a development on a site which is four (4) acres or larger in size and for a use which requires automobile parking spaces in excess of 60 to add parking at 640 and 642 Hilliard Street, Industrial and Rural Residence Zones. - Inland Wetlands Permit Determination of Significant Impact ( ); Inland Wetlands Permit - ( ); Special Exception ( ); Flood Plain Permit ( ) PZC - BM 8/15/16-4

34 Inland Wetlands Permit Determination of Significant Impact ( ) MOTION: Mr. Stebe moved to find the proposed activity at the above referenced location as shown on the inland wetlands permit application will not have a significant impact on the wetlands and therefore will not require a public hearing. Mr. Kidd seconded the motion and all members voted in favor. Inland Wetlands Permit ( ) MOTION: Mr. Stebe moved to approve the inland wetlands permit. Mr. Kidd seconded the motion and all members voted in favor. The reason for the approval is that the proposed activity does not disturb the natural or indigenous character of the land by significant impact or major effect. The approval is valid for 5 years. The work in the regulated area must be completed within one year of commencement. Special Exception ( ) MOTION: Mr. Stebe moved to approve the special exception with the modifications as specified in staff memoranda from: 1. Matthew Bordeaux, Environmental Planner/Wetlands Agent, dated August 1, 2016; 2. James Davis, Zoning Enforcement Officer, dated August 3, 2016; 3. Michelle Handfield, Civil Engineer, dated August 4, 2016; 4. Renata Bertotti, Senior Planner, dated August 5, 2016: 5. Jim Mayer, Traffic Engineer, dated August 8, 2016; and 6. Shawn Morris, 8th District Utilities Deputy Fire Marshal, dated August 11, PZC - BM 8/15/16-5

35 Mr. Bergin seconded the motion. AMENDED MOTION: Mr. Kidd moved to approve the special exception with the modifications as specified in staff memoranda from: 1. Matthew Bordeaux, Environmental Planner/Wetlands Agent, dated August 1, 2016; 2. James Davis, Zoning Enforcement Officer, dated August 3, 2016; 3. Michelle Handfield, Civil Engineer, dated August 4, 2016; 4. Renata Bertotti, Senior Planner, dated August 5, 2016: 5. Jim Mayer, Traffic Engineer, dated August 8, 2016; and 6. Shawn Morris, 8th District Utilities Deputy Fire Marshal, dated August 11, and with the condition that Town staff reviews and approves the plans for the location of concrete planters for separation of the pedestrian area from the roadway to meet Engineering s requirements. Ms. Scorso seconded the amended motion and all members voted in favor. The reason for the approval is that the proposed activity meets the special exception requirements. Flood Plain Permit ( ) MOTION: Mr. Stebe moved to approve the flood plain permit. Mr. Kidd seconded the motion and all members voted in favor. PZC - BM 8/15/16-6

36 CALAMAR, INC. For construction of 128 residential units and associated site development at 188 Spencer Street. - Subdivision ( ); Erosion and Sedimentation Control Plan ( ); EHD Zone Detailed Site Development Plan ( ) Attorney Stephen Penny, an attorney practicing in Manchester, presented for the applicant, which is proposing the development of a 128-unit Elderly Housing Development Zone (EHD) at 188 Spencer Street. He described the parcel, its location, and the zoning of the abutting properties. He pointed out that the parcel is currently undeveloped, having formerly been crop producing property. Attorney Penny continued by noting that the utilities were all available to the site through access at Spencer Street. In addressing the request for subdivision, Attorney Penny stated that Parcel B would remain undeveloped and become a part of McDonald s property. Mr. Kevin Grindle, Landscape Architect with Anchor Engineering Services of Glastonbury, Connecticut spoke next. He described the primary access road from Spencer Street and noted that the secondary access from Hillstown Road would be gated until the upgrade to Hillstown Road was complete and approved by the fire Marshall and Town Planning staff. He stated that a total of 158 parking spaces were being proposed, including 46 that will be located within the garage structures and seven (7) that will be handicap accessible. Mr. Grindle continued by discussing the stormwater management plan. He stated that the overflow from the detention ponds will drain through outlet structures to the south. The applicant also proposes to implement stormwater quality treatment measures consistent with Manchester s Public PZC - BM 8/15/16-7

37 Improvement Standards. The development will be served by public water and sanitary sewer through a corridor which extends from Spencer Street into the complex, Mr. Grindle added. The proposal calls for all utilities to connect through the main corridor. Additionally, three fire hydrants have been proposed to service the development. The landscape and lighting plan provides a buffer along the eastern, northern and southern boundaries of the development. It does not extend along the western boundary of the parcel because the detention basin which was installed during the McDonald s construction already contains existing screening materials. The recreation areas include a 20 sq. ft. patio at the rear entrance of the proposed building. Green space will be provided throughout the development according to Town regulations. Mr. Grindle concluded his presentation by discussing the proposed erosion and sedimentation control plan. The plan includes anti tracking pads at the construction entrance, temporary swales to provide a catch basin for stormwater management, as well as a provision for a temporary stockpile location. All catch basins will be protected by silt sacks and hay bales. Mr. Brent Narkawicz, Development Director for the Northeast, Calamar, Inc. was the next speaker. He presented the architectural details of the final plan of development. He described the proposed building design as an H-shaped, three-story building featuring two-toned vinyl siding and windows, architectural shingle roofing, as well as gables, patios and decks. He concluded his presentation by describing common areas and distributing samples of the proposed materials. PZC - BM 8/15/16-8

38 Mr. Prause asked what the triangular area on the western edge of the parcel was. Mr. Narkawicz explained that it was an easement reserved by the State of Connecticut. Mr. Prause asked why the landscaping was not extended into the easement and Mr. Grindle replied that the area already contained vegetation and the applicant did not feel it was appropriate to remove vegetation to plant landscaping. Mr. Prause stated that the application works well for the parcel. He noted that the parking plan and recreational space meet the regulation requirements exactly. He asked the applicant if they felt they had provided enough of a buffer. Mr. Grindle asserted that the parking was adequate and that the percentage of green space could easily be increased by changing the labeling on the site map. He added that the applicant was striving to meet Town minimum requirements. Mr. Kidd asked if the applicant had any thoughts about how Parcel C might be used, long term. Attorney Penny answered that this applicant had no control over the use of Parcel C and that would be up to the owner, which was the trust. Mr. Kidd then asked staff if, from a planning perspective, Parcel C was conducive to business development. Ms. Bertotti stated that Parcel C is zoned General Business and that Calamar, Inc. had agreed to share access with Parcel C. Mr. Pellegrini added that although Parcel C appears long and narrow on the site map, with four (4) acres, there was certainly adequate space for general business development. PZC - BM 8/15/16-9

39 Mr. Stebe asked if the primary access road was two lanes one in and one out. Attorney Penny responded that was correct; the road would be 24 wide with two 12 lanes. Mr. Stebe asked where the handicapped parking spaces would be located. Mr. Grindle answered that there were four handicapped parking spaces at the front of the building, one in each of the eastern parking garages, and one in the northwest garage. Mr. Stebe continued by asking if the handicapped parking spaces in the garages accommodated a van, and Mr. Grindle stated that they were compliant and did accommodate a van. Mr. Prause called for staff comments. Ms. Bertotti stated that staff comments were minor and technical in nature and that staff had no objections to the waiver request. Mr. Pellegrini asked if the Commission would like to have a closer look at the proposed materials for the building. Mr. Prause said yes and Mr. Narkawicz passed the proposed material samples around for the Commission s review. While the Commission members reviewed the materials samples, Mr. Narkawicz provided an overview of the layout of the proposed building. Mr. Kidd asked which materials would be used in what locations. Mr. Narkawicz responded that the asphalt architectural shingles would be used for roofing and the siding would be two tones, although the samples did not necessarily represent the exact colors that would be used. Ms. Bertotti stated that staff recommended approval of the subdivision application be that Parcel B be conveyed to and merged with the McDonald s property. Also, staff recommended approval of the PZC - BM 8/15/16-10

40 Erosion and Sedimentation Control Plan subject to the conditions of the staff memoranda. Mr. Prause asked if the Commission needed to include anything about the waiver in the motion and Ms. Bertotti said they did. Subdivision ( ) MOTION: Mr. Stebe moved to approve the subdivision of 188 Spencer Street with the condition that Parcel B be conveyed to the owner of 184 Spencer Street and be merged with 184 Spencer Street. Ms. Scorso seconded the motion and all members voted in favor. Erosion and Sedimentation Control Plan ( ) MOTION: Ms. Scorso moved to certify the Erosion and Sedimentation Control Plan with the modifications as specified in staff memoranda from: 1. Michelle Handfield, Assistant Town Engineer, dated August 4, 2016 to Renata Bertotti. Mr. Stebe seconded the motion and all members voted in favor. EHD Zone Detailed Site Development Plan ( ) MOTION: Mr. Stebe moved to approve the EHD zone detailed site development plan at 188 Spencer Street with the following modifications: As specified in staff memoranda from: 1. Raymond Myette, Design Engineer, dated August 2, 2016; and 2. Michelle Handfield, Assistant Town Engineer, dated August 4, 2016 to Renata Bertotti. And that revised plans showing a new proposed dumpster location are approved PZC - BM 8/15/16-11

41 by the Town Staff. and approved a waiver of Article II Section , which requires a landscaped border of not less than 15 feet in width, for the western property boundary. Ms. Scorso seconded the motion and all members voted in favor. The reason for the approval is that the proposed detailed plan of development is consistent with the approved preliminary plan. MCDONALD S USA, LLC For a vestibule addition, replacement of the existing single order point drive-through with a dual order point drive through, and modifications to parking at 70 West Center Street. - Erosion and Sedimentation Control Plan ( ); Special Exception Modification ( ); Design Overlay ( ) Mr. Eric Dubrule of Bohler Engineering in Southborough, Massachusetts presented for the applicant. Mr. Dubrule described the site and the neighboring properties. He stated that the applicant was proposing site and building renovations and requesting a Special Exception for a use which required parking spaces in excess of 60, as well as an approval for improvements of the building façade. Additionally, the applicant had submitted an Erosion and Sedimentation Control Plan for approval. Mr. Dubrule reported that the proposed renovations would result in an increase of the green space buffer along the residential (western) side of the restaurant by reducing the total number of parking spaces. There would be no change to the utilities, drainage or grading for the site, but the plan called for rebuilding the existing trash enclosure. PZC - BM 8/15/16-12

42 The Erosion and Sedimentation Control Plan, in accordance with 2002 Connecticut Guidelines for Sediment and Erosion Control, called for silt fencing and hay bales around the perimeter of the site, an anti-tracking construction apron, and a soil stockpile location during construction. Mr. Richard Hoffman, an Architect with Hoffman & Riley Architects, was the next speaker. He reviewed the architecture design for this proposal. He stated that the roof overhang would be eliminated and an ADA approved vestibule would be added on the drive through side of the building. Across the rear of the building the plan called for changing the cooler. All the windows would be replaced with insulated glass. Mr. Hoffman showed the colors and the materials that were being proposed on each part of the building. He noted that the brick exterior of the building would be painted and showed the colors proposed for each section. Mr. Kidd asked Mr. Hoffman to discuss the buildings surrounding the site in the neighborhood. Mr. Dubrule showed the Superior Court building, a dental office, Husky Pizza and residential homes in the neighborhood. Mr. Bergin asked where the location of the new vestibule would be. Mr. Dubrule pointed out the location on the drive through side. Mr. Prause called for staff comments. Ms. Bertotti pointed out that, in regards to the Erosion and Sedimentation Control Plan, the proposal would reduce the amount of impervious area by reducing PZC - BM 8/15/16-13

43 the size of the parking lot. Staff recommended approval of the erosion and Sedimentation Control Plan. Regarding the Design Overlay Zone, the footprint of the building would remain the same, but the roofline would change. The proposed change in siding would be an upgrade, and staff felt this proposal was consistent with the regulations for the Design Overlay Zone. Erosion And Sedimentation Control Plan ( ) MOTION: Mr. Bergin moved to certify the Erosion and Sedimentation Control Plan with the modifications as specified in staff memoranda from: 1. Michelle Handfield, Assistant Town Engineer, dated August 15, 2016 to Renata Bertotti. Ms. Scorso seconded the motion and all members voted in favor. Special Exception Modification ( ) MOTION: Mr. Bergin moved to approve the special exception modification with the modifications as specified in staff memoranda from: 1. Michelle Handfield, Civil Engineer, dated August 15, 2016; and 2. Lawrence Talbot, Fire Marshal, dated July 15, Ms. Scorso seconded the motion and all members voted in favor. The reason for the approval was that the proposed activity meets the special exception requirements. Design Overlay ( ) MOTION: Ms. Scorso moved to approve the design overlay application for the changes to the building elevations. Mr. Bergin seconded the motion and all members voted in favor. The reason for the approval was that the proposed design was generally compatible with the size, scale, material and character of the original structure and with the standards of the Design Overlay PZC - BM 8/15/16-14

44 Zone. T-MOBILE NORTHEAST, LLC For addition of three (3) new antennas to the existing wireless telecommunications facility at 63 Elm Street.- Historic Zone Site Plan Modification ( ) Mr. Robert Stanford presented for T-Mobile Northeast. The applicant requested the addition of three new antennas to the existing wireless telecommunications facility at 63 Elm Street. Mr. Stanford stated that he had already appeared be fore the Historic Commission on August 6, 2016 and had been granted approval for this proposal. He indicated that there were already six existing antennas at this location and that three antennas would be replaced with new antennas and three new antennas would be added. All of the antennas would be painted to match the building. Mr. Prause called for comments from staff and Ms. Bertotti indicated there were none. Mr. Stebe asked if the three additional antennas would max out what could be put on the two bands. Mr. Stanford replied that it was pretty close. Historic Zone Site Plan Modification ( ) MOTION: Ms. Scorso moved to approve the historic zone site plan modification. Mr. Kidd seconded the motion and all members voted in favor. THE MAIN PUB Pre-Application Review to discuss the possibility of a zoning regulation amendment to allow outdoor entertainment in business zones. PZC - BM 8/15/16-15

45 Mr. Keith Beaulieu presented the request for the Main Pub to offer outdoor entertainment at their patio. He described the plans for the patio, including brick hearths with fire pits, in addition to barbecue pits, which had already been approved by the Fire Marshal and the Health Department. Mr. Beaulieu stated that he had requested the pre-application review to discuss the issues involved in offering live outdoor entertainment. Mr. Prause asked Ms. Bertotti to discuss the regulations regarding outdoor entertainment and where it might specifically be allowed. Ms. Bertotti replied that live outdoor entertainment is not specifically allowed anywhere in the regulations, but certain places receive approvals for specific events which sometimes provide outdoor entertainment. Mr. Stoppelman felt that this would be a general change to the rules to allow outdoor entertainment in the Business II Zone. He had no objections to acoustic, non-amplified entertainment, but he would want to know how such a regulation would be enforced. Mr. Prause asked if there were any examples of other restaurants in town that offered outdoor entertainment. Mr. Beaulieu responded that there were three establishments that he was aware of that offer outdoor entertainment: Shea s, The Hungry Tiger, and Hartford Road Café. Mr. Pellegrini stated that those establishments did not have permits for outdoor entertainment. If the Commission was willing to permit it, a regulation would need to be written about it. Mr. Pellegrini asked what the Commission s concerns were about the topic. If the Commission had no objection to PZC - BM 8/15/16-16

46 offering outdoor entertainment at all, then the task would become how to regulate it, he said. Staff would have to do some research about how to regulate it. Mr. Kennedy asked if Mr. Beaulieu knew of any other towns that allowed outdoor entertainment. Mr. Beaulieu answered that he believed there were other towns that offered outdoor entertainment, but he would also have to do some research. Mr. Stoppelman offered that he believed that West Hartford Center had regulations about this type of use. Mr. Stebe felt it was a question that merited discussion, but he would have a concern about the residential abutters and the potential for disturbance. Ms. Scorso liked the idea but would want the residential neighbors to be considered. Mr. Kennedy thought it was interesting that other establishments were having outdoor entertainment and nobody was complaining. Mr. Pellegrini said that people were complaining, but not to the Planning Department. The complaints about Shea s were made by Vernon residents to the Town of Vernon, and the Manchester Planning Department just recently became aware of that. Mr. Prause stated that the Commission couldn t just add this as an added use in a zone. It would be PZC - BM 8/15/16-17

47 added as a special exception. There would need to be consideration of residential abutters. He asked Mr. Pellegrini if this could be a simple special exception request. Mr. Pellegrini responded even if applicants could request a special exception, criteria should be established, such as decibel level. Mr. Kennedy stated that enforcing general noise ordinances was tricky because other types of criteria would need to be considered in addition to decibel level. Mr. Pellegrini offered that the difficulty was writing a regulation. The Planning Department would need to check with the Health Department regarding what the noise ordinances were, as well as conduct some research into what neighboring towns had for regulations for live outdoor entertainment. Mr. Beaulieu stated that he was proud of what the Main Pub was doing with the patio area and he felt it would be a positive change. He asked what the procedure would be moving forward. Ms. Bertotti replied that the staff would do some research, schedule a workshop with the Commission, and then have a conversation about how to address the issue. She said that Mr. Beaulieu could be invited to the workshop if he would like. Mr. Beaulieu said he would like that. Mr. Kennedy said that the Commission might want to offer seasonal permits in the interim. ADMINISTRATIVE REPORTS Administrative Approvals PZC - BM 8/15/16-18

48 Sara E. Ross Lot Line Revision ( ) 573 and 585 Birch Mountain Road. Town of Manchester 324/330/340 Broad Street - Inland Wetlands Permit ( ) Topsoil Stockpile in 100 Upland Review Area Mr. Pellegrini reported that Mr. Bordeaux had issued an administrative approval to the Town of Manchester to temporarily store the dirt from the Bennett/Cheney construction site at the Broad Street former Parkade site. The dirt would be returned to the Bennett/Cheney site when the project is complete. APPROVAL OF MINUTES June 6, Public Hearing MOTION: Mr. Stebe moved to approve the public hearing minutes with the correction on page 3 that Ms. Ike seconded the motion to close the public hearing. Mr. Bergin seconded the motion and all members voted in favor. June 6, 2016 Business Meeting June 20, Public Hearing/Business Meeting July 6, Public Hearing/Business Meeting MOTION: Mr. Stebe moved to approve the June 6, 2016 business meeting minutes, the June 20, 2016 public hearing and business meeting minutes, and the July 6, 2016 public hearing and business meeting minutes as written. Mr. Bergin seconded the motion and all members voted in favor. PZC - BM 8/15/16-19