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HomeMy WebLinkAboutREGULATION AMENDMENT TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHA L BE ACCEPTED BY IAPPLICATION # THE PLANNING AND ZONING COMMISSION AT j RECEI,IED DATE: UJ THE REGULARLY SCHEDUIED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF MONTH. IT SHALL REJECTED DATE: BE SUBMITTED TO THE LANNING AND RECEIPT # ZONING COMMISSION OF ICE ONE (1) WEEK PRIOR TO THE FOURTH UESilAY. APPLICANT: Day Street Garage , Inc. , c/o haro ummings , Esq. ADDRESS: 1665 Ellington Rd. , South Windsor, CT TELEpHp # 644-9441 OWNER OF RECORD ON S.W. LAND RECORDS Not Applicable ADDRESS: Not Applicable COMPLETE DESCRIPTION OF LOCATION OF PROPERTY Not Applicable ZONE Not Applicable NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Harold R. Cummings, Esq.,Esq. , Kuehn Cavanaugh & Cummings, P.C. 1665 Ellington Road, South Windsor, CT 06074 TELEIHONE # 644-9441 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOt )WING) 1. Zone Change to Zone (public hearing) 2. Filing for Subdivision 3. Filing for Open Space Subdivision (public hearing) 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning Regula ions (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) X 8. Other (explain in detail) Request amendments to §3. 13. 1 and addition of new §8 .7 . 4 of the South Windsor Zoning Re ulations with regarc to parking of motor vehicles at new' & used c r ea ers ips. THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF TH1, PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT LL BE ACCEPTED BY THE PLANNING AND ZONING COMMISSION Day Street Garage, Inc. 12 APPLICANT OWNER By: Harold R. Cumriings Its Attorney (over) PROCEDURES TO BE FOLLOWED WHEN SUBMITTING THE APPLICATION: 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #1, #5 and V. 4. A subdivision processing fee of $25. per lot ($50. minimum) is required for filing items #2, #3 and A. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for a sign to be placed on the property by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #4.) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES , THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PU.3LIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. KUEHN, CAVANAUGH AND CUMMINGS, P.C. SCHEDULE A Applicants propose that the last paragraph of Section 3. 13. 1 be amended to read as follows: "No premises on which such garage or filling station is located shall be used for residential purposes except by a caretaker or watchman who resides hereon; and no motor vehicle unregistered or registere to the dealer may be stored or parked nearer to the s reet than the building line [except as allowed in §8. 7. 4larried , and all mechanical and repair operations shall be on within a building. " Applicants further propose that a new Section 8. 7. 4 be added to the regulations to read as follows: 8. 7. 4 [Display, storage, or parking of motor vehicles at State licensed new and used car dealerships may vbe alowed closer to the street than the building line p l site plan portraying all parking spaces has been approved by the Planning and Zoning Commission. The site plan shall show all designated parking spaces, which parking spaces shall: a) Be at least 10 feet from street lineE and property lines; b) Not obstruct line of sight for vehicles entering- and exiting premises; c) Not obstruct the safe and convenient movement of vehicles to, within, and from the site; d) Be no closer than 25 feet to the edge of the traveled portion of the highway; e) Be reasonably landscaped (and at dis retion of Commission, screened or f theeneighb rhoodve and enhance the appearance of Display, storage or parking of motor vehicles at such s aces shall dealerships incother than the approved andparking rder of the be a violation of these regulations Zoning Enforcement officer such violations s all be immediately remedied. ] Note: All new language proposed indicated by brackets H . i f KU EH N, CAVANAUG H AND CU M M I NGS, P.C. SCHEDULE A Applicants propose that the last paragraph of Sect on 3. 13. 1 be amended to read as follows: "No premises on which such garage or filling tation is located shall be used for residential purposes except by a caretaker or watchman who resides thereon;, and no motor vehicle unregistered or registered to the dealer may be stored or parked nearer to the street than the building line [except as allowed in §8.7. 4] , ,ar`d all mechanical and repair operations shall be carried on within a building. " Applicants further propose that a new Section 8.7. 4 be added to the regulations to read as follows: 8. 7. 4 [Display, storage, or parking of motor vehicles at State licensed new and used car dealerships may be allowed closer to the street than the building line provided a site plan portraying all parking spaces has been approved by the Planning and Zoning Commission. The site plan shall show all designated parking spaces, which parking spaces shall: E a) Be at least 0 feet b) Not obstruc line of sight for vehicles entering and exiting premises; c) Not obstruct the safe and convenient movement of vehicles to, within, and from the site; d) Be no closer than 25 feet to the edcfe of the traveled portion of the highway; e) Be reasonably landscaped (and at di cretion of Commission, screened or buffered) to preserve and enhance the appearance of the neigh orhood. storage or parking of motor es at such dealership th roved parking spaces shall be. a violation of regulations an upon or er o r the Zoning Enf ment Officer such violations s all be imme ely remedied. ) Note: All new language proposed indicated by brackets [] . t r LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P.C. 968 FARMINGTON AVENUE WEST HARTFORD,CONN. 06107 (203) 236-2973 SOUTH WINDSOR OFFICE: 1665 ELLINGTON RD. EDWARD R.KUEHN DANIEL P.CAVANAUGH SOUTH WINDSOR,CONN.06074 HAROLD R.CUMMINGS FRAZIER G.SCOTT ( 03) 644-9441 HARRY D.WELLER LORRAINE PAULHUS Hartford PLEASE REPLY TO: W• December AP, 1981 Chairperson, Planning & Zoning Commission Town of South Windsor Town Hall Sullivan Avenue South Windsor, CT 06074 Re: Application of Day Street Garage, Inc. for Amendment to Zoning Regulations Dear Marshall: As per the informal discussion at the Planning and Zoning meeting in November, enclosed please find a formal application for an amendment to the regulations. While the application is being filed on behalf of Day Street Garage, Inc. the existing problems which he proposed regulations seek to remedy, is a common problem experienced by all of the used car dealerships in town. Enclosed please find also our application fee in the amount of $25. Sinc ely ours, i rold R. Cummings HRC:ps Enclosures cc: Louis Treglia Mel Katz Darrell Chaloult ? % FkeK Op REI ZNI -. . c r og o� FORM �o �FR LAMENTS For: NOTIFICATION OF REFERRALS BY ZONING COKMISSIONS OF THE CAPITOL PEGION From: ( ) Zoning Commission (X� Planning and Zoning Commission of SOUTH WINDSOR ( ) City or Town Council (municipality} (acting as zoning commission) To: Capitol Region Council of Governments Planning Division 1. 97 Elm Street, Hartford, CT 06106 12/21/8 (date) Pursuant to the provisions of Section 8-3b of the General Statute of Connecticut, as amended, the following proposed zoning change is referred to the Capitol Region Council of Governments for report: NATURE OF PROPOSED CHANGE Amend. to Sec. 3.13.1 and new 8.7.4 ( ) Adoption or amendment of Zoning (XT Adoption or amencbient of ZONING MAP for any area within 500 feet of REGULATIONS apply ng to any zone another Capitol Region municipality. within 500 feet o another Capitol Attach map showing proposed change. Region municipali y. Attach copy of proposed Chang in regulations. THE CHANGE WAS ORIGINALLY REQUESTED: ( ) by municipal agency - (specify) (X) by petition i PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: February 22 1982 (date) MATERIAL SUBMITTED HEREWITH: ( ) Public Notice Regulation Changes ( } Othe (Specify) ( ) Map of Change ( ) Supporting Statements ............. ........................................... ..... (For Use by CRCOG) Date postmarked Date received (Authorized Signat re) Received by Title Chairperson, Planning & Zoning Commission File No. Address 1540 Sullivan Ave. , So. Windsor, Ct.060 *BY LAW, THIS NOTICE MUST BE POSTMARKED AT LEAST 3: DAYS BEFORE PUBLIC HEARING. CRCOG - 8/73 SOW N SF,< a - 0 � Z 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 R•co AREA CODE 203/644-2511 January 18, 1982 Harold R. Cummings, Esq. 1665 Ellington Road South Windsor, Ct. 06074 Dear Sir: Re: App. #855 - Day Street Garage, Inc. Amendments to Zoning Regulations Please be advised that the public hearing in the above matter �as been scheduled for Tuesday, February 2, 1982, in the Council C ambers of the South Windsor Town Hall. Someone must be present to represent the application. Yours very truly, PLANNING AND ZONING CGLAKISSION B :1/c vg y Marshall Montana, chairperson t qjN SEt` T-Owt, ay SOML4 ?&n� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 6074 OSOR•CO AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY JANUARY 21, 1982 THURSDAY JANUARY 25, 1982 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION Notice istereby given that there will be a public hearing of t Planning and Zoning Commission on Tuesday, February 2, 1982, at 8:00 P. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan venue, South Windsor, to consider the following: 1. Application of T & M Building Company for a zone change from AA-30 to A-30 for property consisting of approximately 90.06 acres located at the southwest corner of Dart Hill Road and Avery Street. 2. Application of Blanche Bienkowski for amendments to Section 4.6, 4.6.3.1, 4.6.41A, 4.6.4.1D2 4.6.4.2D, 4.6.4.3B and 4.6.4.4A of the Zoning Regulations, to add an MF-AAA zone with a minimum site size of 3 contiguous acres; density of 6 dwelling units per acre of gross acreage; minimum front yard of 50 ft. , minimum side or reax yard without a buffer of 35 f t. and with a buffer of 15 ft. ; with no more than 8 dwelling units housed within a single building; with garages, and unit sizes of 800 sq. ft. for an efficiency, SOO sq. ft. for a 1 bedroom, 1100 sq. ft. for a 2 bedroom and 1200 sq. ft. for a 3 bedroom. Also an amendment to Section 4.6.4.2F3(a) to revise it to iead as follows: "Minimum setback shall be 40 ft. between any building and the centerline of the site's principal street provided that, If an enclosed garage is located within the structure or basemen of said building, the setback may be reduced to 30 ft." 3. Application of Day Street Garage, Inc., for amendments to the Zoning Regulations as follows: Section 3.13.1 - amend last paragraph to read as follows: "No premises on which such garage or filling station is to aced shall be used for residential purposes except by a careta er or watchman who resides thereon; and no motor vehicle unregis eyed Page 2. Legal Notice to be published 1/21 and 1/28 or registered to the dealer may be stored or parked nearer to the street than the building line, except as allowed in Sec. 8.7.4, and all mechanical and repair operations shall be carried on within a building." Add a new Section 8.7.4, as follows: "Display, storage, or parking of motor velicles at State licensed new and used car dealerships may be allowed closer to the street than the building line provided a site plan portraying all parking spaces has been approved by the Planning and Zoning Commission. The site plan shall show all designated parking spaces, which parking spaces shall: (a) Be at least 10 feet from street lines and property lines; (b) Not obstruct line of sight for vehicles entering and exiting premises; (c) Not obstruct the safe and convenient movement of vehicles to, within, and from the site; (d) Be no closer than 25 feet to the edge of the traveled portion of the highway; (e) Be reasonably landscaped, and at the discretion of Commission, screened or buffered, to preserve an enhance- the appearance of the neighborhood. Display, storage or parking of motor vehicles at such dealerships in other than the approved parking spaces shall be violation of these regulations and upon order of the Zoning Enforcement Officer such violations shall be immediately remedied. Copies of these applications and maps more clearly defining the properties in question are on file in the Office of the Town Clerk of the Town of South Windsor. At this hearing, interested persons may appear and be heard and written recommendations will be received. PLANNING AND ZONING COMMISSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr. , Secretary `t0%_ RE010,V co • • cog CAPITOL REGION COUNCIL OF GOVERNMENTS — HARTFORD, CONN. 6106 214 MAIN STREET Tel. 203 522-2217 O0 . DA A S. HANSON ERNMENT$ EXECUTIVE DIRECTOR TOWN PLANNING AND ZONING COMMISSION REPORT ON 25/82 ZONING�( �(�($( TOWN OF SOUTH WINDSOR REFERRAL NO. 82/59Z COMMISSIONERS: ReceiP t is acknowledqed of the above-numbered referral . Notice of t n proposal was transmitted to the Planning DivisiSn of h8-3(b)��X�4iX�f� Of e Capitol council of Governments under the proviions efection the Connecticut General Statutes, as amended The referral involves: amendments to Section 3.13.1 regarding garages/filling stations and amendments to Section 8.7.4 regarding display, storage or parking of vehicles in car dealerships. Comments e sta ff f of the Regional Pl anni nq Commission of the Capitol Repion onfCo nci of Governments has reviewed this referral and find no appaent towns. with regional plans and policies or the concerns of r Marx -Rarnp. Questions concernin this referral should be directed to In accordance with our procedures for reporting on routine b f rr als ffno ecials further action will be taken unless specifically rstedl Y25 82 • of Regional planning Commission representatives 28ore before • The publ!C bearing date is scheduled for 7 Distribution: RespettfUl V submitted, Edmund Do>hnoi Chairman TPZC: South Windsor, East Windsor Laurie Russell , Vice Chain Planner: South Windsor, Vernon, Regional Planning Comnissi n Manchester, Windsor, East Hartford Mary Barnes Clearinghouse Representative A VOLUNTARY COUNCIL OF GOVERNMENTS FORMED TO INITIATE AND IMPLEMENT REGIONAL PROGRAMS OF BENEFIT TO THE TOWNS AND THE REGION. PLANNING AND ZONING COMMISSION FEBRUARY 21 1982 PUBLIC HEARING AND SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Montana, Evans, Norman, Conde, Hallowell, Sc.orenson, Sorosiak ALTERNATES PRESENT: Mainelli, Morrison PUBLIC HEARING 1. ARRlication of T & M Building Co an for a zone change f om AA-30 to A-30 for ro ert consistingof approximately 90 06 ac es located at the southwest corner of Dar Hill Road and Ave Stree . Attorney William Grace appeared on behalf of the applicant and stated that the property in question had already been approved as an open space subdivision , and the purpose for reducing the zone to A-30 was so that the lots would be smaller and consequently the houses could own bB sold 50 acres approximately $10,000 less. He pointed out that of land bordering this property Mr. Temkin of T & M Homes stated that usually they build 50 homes a year, but with the housing market the way it has been and with the high interest rates, last year they only built 10 homes and only 8 of those have been sold. He felt it is imperative to try to reduce the cost of housing to make it more affordable. The homes they propose to build here would be in the $100,000 and up range. Attorney Grace said that on one side of this land are homes n an AA-30 zone, which are in excess of $125,000; to the south are powe lines and smaller homes another AA-30 zone, and to the other side of the street a m in an RR zone. He pointed out the density would not be changed. The engineer for this project, Mr. Lombardi, stated that the design for the drainage and sewers would not change, and the entire area can be served. There will be two detention basins to handle storm drainage, and Connecticut Water Company will provide water. Mr. Grace said there is little difference between the A-30 and AA-30 zones. Mr. DeMallie, Planning Director, said there is a 175' wide CL & P easement which would serve as a buffer between the AA-30 and proposed A-30 zone. He said the difference in floor area between the two zones i 200' ; there is a slight difference in home occupations permitted. Mr. Page,Town Engineer, reported that he sees no problem wtfi the requested zone change. Mr. Hallowell questioned how much money was saved by approvingthis subdivision as an open space subdivision, and was told about cr lot s. Montana A-30, and asked whether they intended to develop the other 250 ares was told nothing has yet been planned. Mr. Mainelli asked the dimensions of the proposed homes, and was told the colonials would be 24' x 28' , and the raised ranches would be 50' x 28' . Planning and Zoning Commission -2-- 2/2/82 2. Application of Blanche Bienkowski for amendments to Section 4.6. 4,6.3.1, 4.6,41A. 4.6,4.1D.�3, 4.6.4.2D. 4.6.4.3B and 4.6.4.4A of the Zoning Regulations, to add an MF-AAA zone with a minimum site size of 3 contiguous acres; density of 6 dwelling units per acre of gross acreage; minimum front ygrd of 50 ft.. minimum side or rear yard without a buffer of 35 ft. and with a buffer of 15 ft. ; and with no more than 8 dwelling units housed within a single building; with garages, and unit sizes of 800 sq, ft. for an efficiency,- sSI. ft. for a 1 bedrooms 1100 sq. ft, for a 2 bedroom and 1200 sq,, ft. for a 3 bedroom. Emil Lucek of 490 Buckland Road appeared on behalf of the applicant, Blanche Bienkowski. He said they want to amend the regulations to create a Multi--Family AAA zone, which would lower- the size of the parcel to 3 acres. Mr. Lucek told the Commissioners the history of the development,of multi-family.. zones in South Windsor, and concluded by.stating that about a year ago the zone for condominium developments was created with a minimum lot size of 15 acres. Mr. Lucek said there's a need for decent and affordable housing throughout the Country, and in his opinion the situation will go on for another 10 years. He said CHFA recently established guidelines that to qualify for a mortgage the house could cost not more than $72,000, and he added that in South Windsor you can't build a house for that amount or less. He further said an annual income of $501,000 a year was required to carry that size mortgage. He felt smaller sites for the development of condos should be permitted, and cited as advantages the fact that traffic with smaller developments would be less, public utilities and schools will not be impacted as much, and visually they will be more attractive. Under the current regulations the buildings could be as long as 240' , but under the proposed regulations the maximum length is 150 feet. He showed a plan of Mrs. Bienkowski's property, but added that the regulations were not designed for this particular parcel. The plan showed a proposal for five separate buildings; four with 4 units, and two with 5 units, all with underground garages. Land coverage is only 9 per cent. He noted Mrs. Bienkowski's parcel is 5.2 acres, and that the neighbors support this plan. Mr. Page, Town Engineer, stated that the Engineering Department has no comment. Mr. DeMallie, Planning Director, said he would recommend a number of changes to clean up the language and technical matters in the proposed amendment, including the following: Sec. 4.6.3.1, sixth paragraph, add MF AAA after both occurrences of MF-AA; Sec. 4.6.4.1a, Site Size: Amend proposed language to read as follows : In the MF-A and MFAA. zones the minimum site size shall be 15 contiguous acres not divided by a public street. In the MF-AAA zone, minimum 1 Planning and Zoning Commission -3- 2/ /82 site size shall be 3 contiguous acres not divided by a public street. Sec. 4.6.4.1D Density: Add the words "first sentence" s that the amendment will read "Revise first sentence as follows... ' Sec. 5.2 should be amended to reflect the proposed zone; Sec. 4.6.4.2D - language should be revised to make intended meaning clearer, Sec. 4.6.4.2F3a - words "first sentence" should be adde . Sec. 4.6.4.4A - Unit Size - Change "main" to "Maximum", add "private" everywhere word garage appea34s. Mr. DeMallie summed up by stating that he would prefer the inimum acreage be 5 acres rather than the 3 acres proposed; he did not app ve of the reduction from 40' to 30' for setback of buildings; and he greed with 8 rather than 12 dwelling units for smaller developments. r. DeMallie added that smaller developments can be more intimate and might be very desirable for some tracts near single family dwellings. He noted, however, that there would be less opportunities for substantial recreation areas or improvements, and there would be fewer amenities. Mrs. Montana referred to a report from CRCOG which found no objections with the proposed amendment, however, they recommended no more than ` 7 units per acre. ! No one spoke in favor of this application. Mr. Joseph Carino of Ellington Road spoke at length tegardi g this application. He said he is not opposed, but added that he lives across the street from Mrs. Bienkowski's property and no one spoke to him about the proposed development. He noted an impact study has not been done, and that it appears the amendment is designed solely for th s site. He said the Commission should study this and look at the to al impact upon the entire Town. He added that he feels 3 acres is too sma I for this type of development. Mr. Mainelli asked if the 30' setback would apply to this land, and was told it would, but that the regulations were not designed f Dr this particular parcel. Mr. Norman clarified the fact that the existing multi-fami regulations would remain in effect. He asked how much a typical dwelling in this proposed zone might cost, and Mr. Zucek said probably in t $70,000 range. Mr. Conde said he has a problem with the buffering require ents, and noted that if these regulations were in effect builders could deliberately create subdivisions leaving 3 acre parcels around them. Planning and Zoning Commission 2/2/82 Mrs. Evans questioned how they could accommodate recreational needs for the residents, and Mr. Lucek said they would have patios, jogging paths, a gazebo, and perhaps swing sets for children. Mrs. Montana wondered if it would be economically feasible if there were only four units per acre rather than six, and Mr. Lucek said that with Mr. Bienkowski's property that would be about 14 units, and whether or not it was economically feasible would- be questionable. He added that he would probably say that it wouldn't be feasible. Mr. Hallowell said he felt that these regulations are being designed for Mrs. Bienkowski's parcel of land. Mr. Sorenson questioned the size of units that could be built, and Mr. Lucek said they would be comparable to the average small house in South Windsor. He added that the majority of the units will be two bedroom units. Mr. Hallowell moved that the Commission take a five minute recess. Mr, Conde seconded the motion, and it was unanimously voted in favor. 3. ARRlication of Day Street Garage, Inc.. for amendments to the Zoning Regulations as noted on Schedule A,� attached hereto. y a-aL wid uiuiuliLgs iappeared-ui i,-r-6i`ta if of L-he--a Pi:Li-L aili:''ct 1iC1 stated- L 11cL 4 4 L iC y clr C az e l I.1 L 4—j I:Q" r ErSV.t VL"- cT-r-o ng�st-cCr=Zmg` b-.r=g trtOtr w-i t r tflL.: car dealers primarily on Route 5. Section 3.13.1 of the regulations state that no car can be placed or parked closer to the street than the building line, and the building line is 50' from the edge of the street line, and on Route 5 the State took an extremely broad right-of-way. In ►cases the building line is 70 or 80 feet from the street. Mr. Cummings noted that the intent of the regulation was to keep cars away from the road, promote safety and prevent an unsighly Riess. This section does not make reference to used or new car dealers. Mr. Cummings pointed out that there is much vandalism when vehicles are parked behind the buildings, and that from a practical standpoint they would like to display the product they are selling. He noted that other businesses along Route 5 are permitted to park right up to the edge of the property line. The proposed Section 8.7.4 would permit parking closer to the streetline, but it would be done on an individual basis and be subject to approval of a site plan by the Planning and Zoning Commission. He said the Commission could use its own discretion concerning landscaping and buffering. Mr. Cummings said these new regulations would only apply to car dealers, ' and not garage or filling stations. 3, I Planning and Zoning Commission -5- 2/2/82 I Town Engineer Page said he had no convent concerning the proposed regulations. Mr. DeMallie, Planning Director, reviewed the history of .the car dealers in this area, and concluded by stating he thinks the amendments are a significant improvement and that he recommends the approval of same. Attorney Mark Barbieri said he represents Guarantee Service Company, who have an interest in the property at 785 John Fitch Boulevard He said the proposed amendment is much fairer than the existing regulations, and still gives the-Commission control. He said he believes the existing regulations could be challenged. Mrs. Montana said CRCOG had no conflict with the proposed amendments. Mrs. Montana noted the proposed amendment refers to "cars" and wondered whether trucks should be included. Mr. Cummings said that t cks are not involved in any of these situations. She also noted tha some of the businesses sell gas, and Mr. Cummings noted that Sec. 3. 3 sets up regulations for filling stations and does not refer to car d alerships. Mrs. Evans raised a question as to how the Commission could et the various dealers on Route 5 to come to the Commission for sit plan approval. Mr. Cummings felt that the three dealers he represented woul probably .� be willing to come in. Mr. Mainelli wondered if the Commis ion should just limit itself to car dealers, and perhaps boat dealers, tc., should be included. SPECIAL MEETING 1. Windshire Abbe Estates, Ltd. Mrs. Evans moved that the above applicant be granted a 90 day extension of time in which to file the final plans for their subdivision. The extension is from February 8th to May 9th, 1982. Mr. Norman seconded the motion and it was unanimously voted in favor and so ordered. 2. Drainage Assessment Fees account Mrs. Montana referred to a letter from the Town Manager and said that she had spoken with him. She said the Commission has nothing specific in mind, and would be losing interest if they replaced the $10 000 that was recently expended. Mr. Hallowell questioned whether the money was still in the Commission's account and Mrs. 'fontana said no. Mr. Norman said the $12,500 figure was simply a paper entry and all we are asking for now is another paper entry. Mr. Hallowell recalled that the Council said if the Commission needed more money to simply ask for it, and rhat it is none of their business to say haw it's being used. He said he f It this was simply a lever for them to approve what the Commission is d ing with this money. Planning and Zoning Commission -6- 2/2/82 Mrs. Montana said there would be no problem if we needed the money, and Mr. Hallowell pointed out that there already was a problem. He said it was his understanding that when money was spent it would be automatically replaced, and the whole idea was that the Commission wouldn't have to go to the Council. Mr. Norman said he agreed. He said he was at the original meeting with George Spring, and it was agreed that if the Commission needed more money they would get it. Mr. Norman added that the Commission has resolved more drainage problems in this Town over the past six or seven years than anyone else has. After a brief further discussion it was agreed that Mr. Spring, Director of Finances for the Town, should be asked to attend a PZC meeting to explain how this account is being handled. TOWN ENGINEER'S REPORT Mr. Page reported that he and Mrs. Evans have been working on a landscaping plan for Tobacco Valley Sanitation and they would like to present it to the Commission. It was agreed that they would be placed on the agenda at the next regular meeting. There being no further business the meeting was adjourned. i ' Respectfully submitted, APPROVED: Virgin arS. G ney, Recording Sg ' etar�� f �t_1 2/2/82 (Applicant: Day Street Garage) SCHEDULE A Section 3.13.1 - amend last paragraph to read as follows: "No premises on which such garage or filling station is located shall be used for residential purpcses except by a caretaker or I watchman who resides thereon; and no motor vehicle unregistered or registered to the dealer may be stored or parked nearer o the street than the building line, except as allowed in Sec. 8. A, and all mechanical and repair operations shall be carried o within a building." Add a new Section 8.7.4, as follows: "Display, storage, or parking of motor velicles at State lice se new and used car dealerships may be allowed closer to the stree than the building line provided a site plan portraying all park' g spaces , has been approved by the Planning and- Zoning Commission. a site _ plan shall show all designated parking spaces, which parki spaces shall: (a) Be at least 10 feet from street lines and property lines; (b) Not obstruct line of sight for vehicles entering and exiting premises; (c) Not obstruct the safe and convenient movement of vehicles to, within, and from the site; (d) Be no closer than 25 feet to the edge of the traveled portion of the highway; (e) Be reasonably landscaped, and at the discretion of Commission screened or buffered, to preserve an enhance the appearance of the neighborhood. Display, stora a or parking of motor vehicles at such dealerships in 4 $ P g other than the approved parking spaces shall be violation cf these regulations and upon order of the Zoning Enforcement Officer such violations shall be irn-ediately remedied. tow N e,< O-P s ?dit� �v 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CON . 06074 R•c��� AREA CODE 203/644-2511 March 241, 1982 Harold R. Cummings, Esq. 1665 Ellington Road South Windsor, Ct. 06074 Dear Sir: Re: App. #855 - Day Street Garage, Inc. Amendments to Zoning Regulations Please be advised that the Planning and Zoning Commission voted to approve the application of Day Street Garage, Inc. to amen Section 3.13.1 of the Zoning Regulations, and add a new Section 8.7.4. The amendments are effective March 27, 1982, and I'm enclosing a copy of the Legal Notice for your information. Yours very truly, PLANNING AND ZONING CO SSION vg By: -Lo 1�s*, enc. Marshall Montana, hairperson SOWN Sf,( ,4 . T-awl-2, aye SoaiA ?dind�-Ot 1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06 74 �t�soR•ca AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY MARCH 27 982 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the March 23, 1982 meeting, the Planning and Zoning Commission voted to take the following action: 1. Deny the application of Blanche Bienkowski for amendments to Section 4.6, 4.6.3.1, 4.6.4.1A, 4.6.4.1D, 4.6.4.2D2 4.6.4.3B, and 4.6.4.4A of the Zoning Regulations, to add an MF-AAA zone with a minimum site size of 3 continguous acres; density of 6 dwelling units per acre of gross acreage; minimum front yard of 50 ft., minimum side or rear yard without a buffer of 35 ft. and with a buffer of 15 ft.; with no more than 8 dwelling units housed within a single building; with garages, and unit sizes of 800 sq. ft. for an efficiency, 900 sq. ft. for a 1 bedroom, 1100 sq. ft. for 2 bedroom and 1200 sq. f t. for a 3 bedroom; and an amendment to Section 4.6.4.2F3(a) to revise it to read as follows: "Minimum setback shall be 40 ft. between any building and the centerline of the site's principal street provided that, if an enclose garage is located within the structure or basement of said buildin , the setback may be reduced to 30 ft." 2. Approve the application of Day Street Garage, Inc. , for amendments to the Zoning Regulations as follows: Section 3.13.1 - amend last paragraph to read as follows: "No premises on which such garage or filling station is located shall be used for residential purposes except by a caretaker or watchman who resides thereon; and no motor vehicle unregistered or registered to the dealer may be stored or parked nearer to the street than the building line, except as allowed in Se Lion 8.7.4, and all mechanical and repair operations shall be carried on within a building." Add a new Section 8.7.42 as follows: 8.7.4 Display, storage, or parking of motor vehicles at State licensed new and used car dealerships may be allowed closer to the street than the building line provided a site plan portraying all parking spaces has been approved by the Planning and Zoning Commission. The site plan shall show all designated parking spaces, which parking Epaces shall: Page 2. Legal Notice - To be published on Saturday, March 27 1982 (a) Be at least ten (10) feet within all lot lines (b) Not obstruct line of sight for vehicles enteri g and exiting premises; (c) Not obstruct the safe and convenient movement of vehicles to, within, and from the site; (d) Be no closer than twenty-five (25) feet to the edge of the traveled portion of the highway; (e) Be reasonably landscaped (and at the discretion of the Commission, screened or buffered) to preserve and enhance the appearance of the neighborhood Effective: March 27, 1982. Dated at South Windsor, Connecticut this 24th day of March, 198 . PLANKING AND Z NING COMMISSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr., Secretary