TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION MINUTES -1- MAY 10, 2016

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1 MINUTES -1- MAY 10, 2016 MEMBERS PRESENT: Gary Bazzano, Bart Pacekonis, Stephanie Dexter, Elizabeth Kuehnel, Kevin Foley, Kevin Greer arrived at 7:54 p.m. ALTERNATES PRESENT: Bill Flagg, Mike LeBlanc, Teri Parrott STAFF PRESENT: Michele Lipe, Director of Planning; Jeffrey Doolittle, Town Engineer; Lauren Zarambo, Recording Secretary APPLICATIONS OFFICIALLY RECEIVED: 1. Appl P, Evergreen Walk LLC - request for a Zoning Regulation Text Amendment to Article VII, Section 7.3, Assisted Living Facilities, to modify Section B Building Size/Height/Maximum number of units to allow facilities up to 180,000 sf with a maximum of 140 units in the Buckland Road Gateway Development Zone 2. Appl P, Route 5 Motor Cars LLC - request for a Special Exception to Table 4.1.1A and a Department of Motor Vehicle Used Car Dealers license to allow for the wholesale of vehicles and site plan approval on property located at 1161 John Fitch Boulevard, I zone REGULAR MEETING / MADDEN ROOM CALL TO ORDER: Chairman Bazzano called the Regular Meeting to order at 7:30 p.m. Chairman Bazzano appointed Alternate Commissioner Parrott to be seated for Commissioner Bonzani and Alternate Commissioner Flagg to be seated for Commissioner Greer. Commissioner Parrott recused herself from the first application on the agenda. PUBLIC PARTICIPATION: Mr. Bob Dickinson stated sidewalks bordering properties or development may be a little remote from existing sidewalks. He encouraged the Commission to require sidewalks in outlying areas because ten years down the road we are going to want sidewalks and the Town will have to foot the bill. In cases where it is really long term, money could be set aside for connecting sidewalks to be built in order to fill in the gaps. 1. Appl P, 1496 Realty Associates LLC - request for site plan modification to add 1,796 sf warehouse addition for the storage of cars on property located at 1496 John Fitch Boulevard, Industrial zone Mr. Tim Coon with J.R. Russo & Associates, LLC representing 1496 Realty Associates, LLC presented the request for a site plan modification. The lot is comprised of two parcels located on the east side of Route 5 abutted by County Distributors to the north and railroad tracks to the east and south. In 2012 the property received a variance and in 2013 site plan approval for a 2,744 sq ft detached warehouse building which was never built. This application is for a 1,796 sq ft addition to the existing building on site. There are no impervious coverage issues. Parking spaces will be striped for 18 parking spaces. A waiver for three parking spaces along the western property line is requested. The dumpster has been relocated per Town Engineer Jeff Doolittle s comments. Director of Planning Michele Lipe gave staff comments: 1. Request for approval for a site plan modification to add a 1,760 square feet warehouse addition building to house classic cars on property located at 1496 John Fitch Boulevard, I zone.

2 MINUTES -2- MAY 10, The applicant is proposing to combine two adjacent properties in effort to meet the zoning requirements. Maximum impervious coverage allowed is 65%, 64.7% proposed. 3. The new addition will be to the rear of the existing building. There are no new curb cuts proposed; the existing driveways on John Fitch Boulevard will service the new addition. 4. The combined parking requirement for the office, manufacturing use and warehouse use on this property is 21 spaces. The applicant is providing 18 spaces (including 1 handicap spaces) and is showing an area of reserve parking for 3 spaces to meet the requirements. 5. Other changes to the plan include screening the outdoor storage area with slats, relocating the existing fence onto the applicant s property (currently encroaches onto the rail ROW) and putting the existing dumpster on a concrete pad with screening. 6. Will any new lighting be added to the site? The applicant should provide a cutsheet for any proposed lights. 7. There is no new signage proposed for the site. 8. There are no regulated wetlands on the property. 9. Water and sewer currently serve the property. No new hookups are proposed with the new building. 10. The Fire Marshal has reviewed this proposal and has not expressed any concerns. 11. If this application is approved, there are no additional modifications requested. Town Engineer Doolittle had no further comment. Vice Chairman Pacekonis noted the outdoor storage presently on site and asked if there will be screening of the fence and asked what the addition will be used for. Mr. Coon stated screening is part of the plan and the addition will be used for the storage of cars. Commissioner Foley asked Director Lipe about the fire marshal s comments. Ms. Lipe stated it is a tight site in the rear of the property but there is access and the plan was reviewed by both the fire marshal and the fire chief. Commissioner Flagg asked about the barrels and tank outdoors on site. Mr. Bruce Lefebvre, property owner and member of 1496 Realty Associates LLC and Classic Car Club LLC stated their tenant manufactures water based detergents and the tank contains windshield washer solvent. Chairman Bazzano asked how the entire building would be used. Mr. Lefebvre stated two thirds of the building is leased to Chem Station and the remainder is for the Car Club. Commissioner Kuehnel made a motion to approve with the following conditions: 1. Prior to commencement of any site work, a meeting must be held with Town Staff. 2. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 3. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section of the Zoning Regulations.

3 MINUTES -3- MAY 10, All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 5. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. 6. The building street number must be included on the final plan. 7. Pavement markings must be maintained in good condition throughout the site drives and parking areas. 8. All free standing signs and/or building signs require the issuance of a sign permit before they are erected. 9. A new deed must be filed to combine the properties. 10. In accordance with Section 2.11, all outdoor storage must be screened from public view. Commissioner Flagg seconded the motion The motion carried and the vote was unanimous. 1. Appl P, Boynton Zone Change - request for a Zone Change of approximately acres from Rural Residential to A-30 Residential Zone, on property known as R024 and R025 Abbe Road owned by Anita Roy, located on the easterly side of Abbe Road and northerly of Maskel Road (act by 5/26/16) Chairman Bazzano asked for any additional comments from town staff. Director of Planning Lipe showed the applicant s original presentation boards from the public hearing illustrating a conventional subdivision with seven lots and the proposal for an A-30 subdivision which would yield nine lots measuring from.7 acres up to 1.1 acres with a road going through to Abbe Road. With a conventional subdivision there is a 20% open space requirement or fee in lieu of required. Chairman Bazzano noted the proposed zoning fits in with the existing zoning of the area. Town Engineer Doolittle stated the plans are conceptual and there will be a full review for utilities and storm water drainage once something is designed. Vice Chairman Pacekonis noted the application is for a zone change only and noted the testimony given at the public hearing in opposition to development of the parcels and opening up the cul de sac to a through road. Director Lipe stated the length of the Maskel Road cul de sac presently is 1,500 feet which is the maximum allowed under regulations. Town Engineer Doolittle stated the cul de sac was designed to be temporary with the intention of some day extending onto the subject property. Commissioner Dexter asked if the zone is not changed and the builder still wants to proceed. Ms. Lipe repeated the subdivision regulations state the maximum length of a cul de sac is 1,500 feet. The Vice Chairman did not think the design of the open space for the project benefitted the town. Ms. Lipe stated the Commission could weight in on open space at time of a subdivision application. The Vice Chairman then recalled if the zone change was not approved the applicant could build a few houses off Abbe Road and a couple off of the existing cul de sac on Maskel Road. Chairman Bazzano stated he did not hear a great argument from the neighbors. The cul de sac was always meant to go through and not meant to be permanent. Property values and the size of the lots are in line with

4 MINUTES -4- MAY 10, 2016 the neighborhood. He asked Jeff Doolittle to comment about the drainage if the road was to extend to Abbe Road. Town Engineer Doolittle stated the drainage from the property presently goes down to Abbe Road. If the zone change is approved a detention basin will be built which will slow down the stormwater runoff from the property and will improve the drainage on Abbe. The Chairman expressed empathy for the neighbors but the neighbors have to know their homes are all part of what is proposed. Commissioner Greer arrived. Chairman Bazzano stated Commissioner Flagg was appointed to be seated for Commissioner Greer and will be acting on this decision. Director Lipe continued the originally proposed plan was for an open space A-30 subdivision which would have allowed eleven lots measuring in size as small as 15,000 sq ft. That concept has been dropped for an A- 30 conventional subdivision with nine lots measuring twice the size at 30,000 sq ft. Commissioner Foley asked about development within the RR zone. Ms. Lipe replied lot sizes for a convention RR subdivision would measure at least 40,000 sq ft and require 175 feet of road frontage and a RR open space subdivision would have 20,000 sq ft lots. The property is currently zoned RR. Commissioner Foley projected denying the conceptual drawing and the zone change and stated the road would still be required to go through. Vice Chairman Pacekonis asked whether the road to the east would go through. Staff explained it would not be required to be built but would be dependent on how many lots were proposed. Chairman Bazzano suggested a text amendment to change the length of cul de sac which would allow there not to be a road down to Abbe Road but have emergency access. Town Engineer Doolittle stated that would be difficult. An emergency access would still have to be maintained including through the winter. A road going though would be much easier. Commissioner Foley made a motion to deny the zone change and to have it remain a RR zone. Commissioner Flagg seconded the motion. The motion carried and the vote was unanimous. 2. Change order request for Cambria Suites for architectural elevations and minor site changes Mr. Ron Bomengen of Fuss & O Neill outlined modifications to the hotel since the footprint and prototype for Cambria Suites changed. A site plan was shown showing parking reduced from 120 to117 spaces. The room count decreased so the parking requirement has been met. The access drive behind the hotel will now be two-way. Minor modifications to the back patio area were described. A walkway connection from the intersection of Tamarack and the access drive to get down to the parking lot has been added. Mr. Alan Lamson of FLB Architecture & Planning introduced Mr. Scott Yaeger representing Radius Realty and franchisee for Cambria Suites. Mr. Lamson presented a new drawing of the hotel. The design was developed to work with the new prototype within the context of Evergreen Walk. Stone material is to be used for the base and articulated to frame the ends of the building. Colors and materials have been simplified. The scale has been reduced by adding more vertical design elements while the stone grounds the building. The rear of the building is similarly designed with an indoor pool. Commissioners expressed approval for the changed design and quality of drawing. Vice Chairman Pacekonis expressed desire for the new hotel to match the new drawing to a T. He also asked how the unsupported steel beams of the front canopy will be supported especially in heavy snow years. Mr. Scott Yaeger, franchisee from Radius Hospitality, commented on the cantilevered entrance and assured the commission it is supported by a huge footer and that the design has withstood Ohio winters.

5 MINUTES -5- MAY 10, 2016 Chairman Bazzano asked if the rear elevation will be identical to the drawing shown. Mr. Lamson stated it is the same with the back side having the same stone material and the same treatment at the top. That side will be facing the commercial buildings that were approved when the residences received their approval. Vice Chairman Pacekonis made a motion to approve the change order. Commissioner Kuehnel seconded the motion The motion carried and the vote was unanimous. 3. Preliminary discussion with Peter DeMallie regarding a prospective housing development Mr. Geoffrey Sager and Mr. Kyle Richards of Metro Realty Group Farmington gave a power point presentation outlining the potential of a new 80 unit multifamily rental development targeted to baby boomers to be called Berry Patch III. Mr. Sager described Metro Realty Group Farmington as a privately owned, locally operated company which does not employ third party management. They have leased, managed, and maintained their own properties for the last twenty years and pay local taxes. Their first project in South Windsor, Watson Farm, was built in 2003 and has an annual 99% occupancy rate. Recent projects have included a medical arts campus in Farmington, a 120 unit market rate development in Farmington of townhouses with incorporated garages, and another similar upscale residential project on Steele Road in West Hartford. South Windsor developments include Watson Farm in 2003, Berry Patch 1 in 2004 and Berry Patch 2 in 2006, and Hillcrest in The proposed project for 80 units would be on nine acres of land adjacent to Berry Patch I and II on Oakland Road. Three story elevator buildings with garages on ground level were described as baby boomer housing. With the exception of a gym, amenities have been removed to be more attractive to the older demographic looking for low maintenance rentals. Statistics were given for the high demand for rental housing, demographics, and average income levels. There would be pedestrian connectivity through Berry Patch I to a walkway connecting to Buckland Road with a crosswalk to the CVS Stop and Shop shopping center. Land use attorney Tim Hollister of Shipman & Goodwin went over the legal structure of such an application using the affordable housing act of Sec 8-30G of the Connecticut General Statutes which proposes limits on household income and the maximum rent or sales price allowed. The attorney emphasized 8-30G has nothing to do with Section 8 low income housing. There are 2 types of housing which qualify for 8-30G. Set aside housing is one type where the applicant takes at least 30% of the units and reserves them for moderate income households for forty years. The second category is for assisted housing done with some form of government financing. Metro Realty is intending to work with CT Housing Finance Authority (CHFA) for a program which will comply with a target population earning $35K to $75K annually. If an applicant makes an application under 8-30G and is denied by the local zoning commission, the applicant can go to court where the burden shifts to the commission to prove the denial is based on health or safety. The applicant can also up front waive that possibility which is the intention of Metro Realty. This friendly use gives the benefits of 8-30G without the possibility of legal action if denied. There are two ways to file an 8-30G application. A site development plan can be filed showing the differences between that plan and the underlying zoning that the commission cannot deny even if it does not

6 MINUTES -6- MAY 10, 2016 meet current zoning regulations. The applicant does not intend to go this route but to use a second approach which is to create a site specific zoning regulation amendment combining the characteristics of the land use with the affordability program. The State of Connecticut Department of Housing keeps a 10% list. If a town has more than 10% of its housing stock 8-30G compliant or otherwise government subsidized then that town is permanently exempt from 8-30G applications. Thirty towns in the state are presently exempt. If the town approves enough 8-30G compliant housing units they can apply to the state for a four year moratorium on 8-30G applications. Metro Realty intends to propose a site specific zoning regulation amendment that will allow Berry Patch III in the configuration, density, and height described. There will be a site plan of development and an upfront agreement that if there is a denial Metro Realty will not use the superior court to overturn the denial. Mr. Sager indicated the project would have 80 total units 20% of which, 16 units, will be sold as affordable and 80% of the units at market rate where the previous developments they have built in South Windsor have been 80% affordable and 20% market rate. Although they cannot commit to reserve the affordable units for the residents of South Windsor, they can pledge to give priority to those on the South Windsor Housing Authority waiting list. Vice Chairman Pacekonis asked about the layout of the buildings and voiced concern about the proposed height of the buildings. Mr. Sager described the elevators and that building above two stories is required in order to do an upscale development. Two story buildings can be built but garages would be lost. Mr. DeMallie noted the open space and mature buffer from the Farm Brook development across the street and town center zoning for multistory buildings and the site s proximity to that zone. Commissioner Greer questioned the lack of amenities like a clubhouse for residents. Mr. Sager stated the project is for independent living which is dramatically less expensive than other senior offerings that do provide services and amenities. Commissioner Foley asked why this development was switched from 80% to 20% affordable housing. Mr. Sager replied when financing with CHFA there used to be a program called the low income housing tax credit which presently is not given priority to developments in the suburbs. As a result there is the necessity to generate as much on rents to support the mortgage. Town Engineer Doolittle asked if residents would have access to the clubhouse in Berry Patch. Mr. Sager stated there would be physical access but it is not part of their plan to encourage residents to use it although they could reconsider the idea. Mr. Doolittle clarified the two step process to be taken would be to submit a zoning text amendment application and follow up that application with a site plan. Commissioner Dexter asked about a prior preliminary discussion about another affordable housing project for 40 units. Mr. Sager replied both projects fit within the definition of affordable housing but the medium income for Berry Patch III will be well over $100,000 where in senior developments it is one third of that. Mr. DeMallie stated the intention of the Housing Authority s 40 units is to have lower income occupants to have an alternate to assisted living. Chairman Bazzano asked about the affordability of Berry Patch and Watson Farm. Mr. Sager replied incomes for a family of one is $35K or less, family of two $41K or less, family of three $47K or less. Rent for a one bedroom is $750. The affordable units in Berry Patch III would be along the same lines but for a significantly upscale product. Affordable and market rate units will be identical. The market rate for a 900

7 MINUTES -7- MAY 10, ,000 sq ft one bedroom apartment would be about $1600 a month and a 1,300 sq ft two bedroom $2200. Utilities will be extra. After aerial photographs of the site were discussed the commissioners indicated they would entertain an application on the proposal. 4. Overview of the Main Street Report (copies previously distributed; also available at Vice Chairman Pacekonis summarized the process taken and the intention behind the Main Street Report. Commissioner Dexter referenced the Plan of Conservation and Development. Director of Planning Lipe described the focus of the report on streetscape, village district zoning, and the potential of re-use of non residential properties on Main Street. The response from some Main Street residents was that of opposition which grew as the year long process continued. Mrs. Ginny Macro, resident of Main Street, encouraged the commission to continue the effort and stated more Main Street residents are now on board since meetings are being held about the purchase of development rights and tax credit programs. Commissioner Foley noted that the potential of future development of Main Street is eminent. Ms. Jennifer Glass, resident of Main Street, spoke about the realities of development and that the efforts made were a good beginning to the conversation. For future success she encouraged a more careful initial engagement process when the subject is brought up again with the community. Commissioners Parrott, Bazzano, Kuehnel, and Foley spoke about towns having options to buy properties. Vice Chairman Pacekonis expressed his committed to the process from the beginning but may not have the vigor to continue. Commissioner Foley expressed interest in continuing the effort. Chairman Bazzano indicated Commissioner Greer, who had arrived at 7:54 p.m., was seated again. BONDS: Callings/Reductions/Settings 1. Appl P, Residences at Evergreen Walk Stormwater Bond in the amount of $50,000 to be reduced by $37,500 to leave a balance of $12,500. Commissioner Pacekonis made a motion to reduce the above mentioned bond. Commissioner Kuehehel seconded the motion. The motion carried and the vote was unanimous. MINUTES: Commissioner Kuehnel made a motion to approve the minutes of 4/26/16. Vice Chairman Pacekonis seconded the motion. The motion carried and the vote was unanimous. OLD BUSINESS: see page 2 OTHER BUSINESS: Chairman Bazzano requested the format of the agenda changed so that Applications Officially Received is moved from the top to the bottom of the agenda for clarity. CORRESPONDENCE / REPORTS: ADJOURNMENT: Motion to adjourn the Regular Meeting at 9:43 p.m. was made by Vice Chairman Pacekonis

8 MINUTES -8- MAY 10, 2016 Seconded by Commissioner Dexter The motion carried and the vote was unanimous. Respectfully Submitted, Lauren L Zarambo, Recording Secretary