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TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION March 20, 2017 Lincoln Center Hearing Room 7:00 P.M. 494 Main Street AGENDA PUBLIC HEARING: 1. TOWN OF MANCHESTER PLANNING & ZONING COMMISSION Request a zone change from Form-Based Zone to Business II Zone and Design Overlay Zone at 230 Middle Turnpike West. Zone Change (2017-010) NEW BUSINESS: 1. TOWN OF MANCHESTER PLANNING & ZONING COMMISSION Request a zone change from Form-Based Zone to Business II Zone and Design Overlay Zone at 230 Middle Turnpike West. Zone Change (2017-010) 2. HOCKANUM FLATS, LLC To construct a 3,100 sq. ft. building addition, realign drainage, and modify the parking and driveway at 171 Tolland Turnpike. Inland Wetlands Permit Determination of Significance (2017-011) Inland Wetlands Permit (2017-011) Special Exception Modification (2017-012) 3. ADMINISTRATIVE REPORTS 4. APPROVAL OF MINUTES February 13, 2017 - Public Hearing/Business Meeting 5. RECEIPT OF NEW APPLICATIONS R:\Planning\PZC\2017\03 - March 20\Agenda 20 MAR 2017.docx
Transcript

TOWN OF MANCHESTER

PLANNING AND ZONING COMMISSION

March 20, 2017 Lincoln Center Hearing Room

7:00 P.M. 494 Main Street

AGENDA

PUBLIC HEARING:

1. TOWN OF MANCHESTER PLANNING & ZONING COMMISSION – Request a zone

change from Form-Based Zone to Business II Zone and Design Overlay Zone at 230 Middle

Turnpike West.

Zone Change (2017-010)

NEW BUSINESS:

1. TOWN OF MANCHESTER PLANNING & ZONING COMMISSION – Request a zone

change from Form-Based Zone to Business II Zone and Design Overlay Zone at 230 Middle

Turnpike West.

Zone Change (2017-010)

2. HOCKANUM FLATS, LLC – To construct a 3,100 sq. ft. building addition, realign

drainage, and modify the parking and driveway at 171 Tolland Turnpike.

Inland Wetlands Permit – Determination of Significance (2017-011)

Inland Wetlands Permit (2017-011)

Special Exception Modification (2017-012)

3. ADMINISTRATIVE REPORTS

4. APPROVAL OF MINUTES

February 13, 2017 - Public Hearing/Business Meeting

5. RECEIPT OF NEW APPLICATIONS

R:\Planning\PZC\2017\03 - March 20\Agenda 20 MAR 2017.docx

TOWN OF MANCHESTER

LEGAL NOTICE

The Planning and Zoning Commission will hold a public hearing on March 20, 2017, at 7:00

P.M. in the Lincoln Center Hearing Room, 494 Main Street, Manchester, Connecticut to hear

and consider the following petition:

TOWN OF MANCHESTER PLANNING & ZONING COMMISSION – Zone Change

(2017-010) – Request a zone change from Form-Based Zone to Business II Zone and Design

Overlay Zone at 230 Middle Turnpike West.

At this hearing interested persons may be heard and written communications received. A copy

of 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

TOWN OF MANCHESTER

PLANNING DEPARTMENT

TO: Planning and Zoning Commission

FROM: Renata Bertotti, Senior Planner

DATE: March 15, 2017

RE: Town of Manchester PZC – 230 Middle Turnpike West

Zone Change: Form-Based Zone to Business II and Design Overlay Zone (2017-010)

Introduction

The Commission is proposing a zone district change from Form-Based zone (FBZ) to Business II

(BII) and Design Overlay zone for 230 Middle Turnpike West. The subject property is located on

the south side of Middle Turnpike West, across the street from the Waddell Elementary school.

Background

Until May 2012, the subject site was zoned General Business. In May 2012 the Commission

approved a zoning map amendment which included 230 Middle Turnpike West, adopting a Form-

Based Zone (FBZ) for this area.

Center Motors, a motor vehicle dealer and repair service, has been operating at the above referenced

address since the late 1990s. The owners of Center Motors, Michael and Sally Flynn, applied for a

similar zone change in August of 2016. The Commission, rather than focusing and acting on a

proposed zone change for this one lot alone, decided to take a more comprehensive look at the

Form-Based Zone area, and discussed this item on their November 21, 2016 workshop. This

proposed map amendment comes as a result of that discussion.

Proposed Zone Change

The Form-Based Zone is regulated under Article II Section 26 of the zoning regulations, and

allowed uses are summarized to include:

1. Residential uses - accessory apartments, live/work quarters, townhouses and row

houses, multi-family buildings.

2. Mixed-use buildings.

3. Lodging - hotels, inns.

4. Office - business and medical.

5. Institutional and Public uses – adult, child and group day care, educational

institutions, places of worship, libraries, public recreation facilities, fraternal or

March 15, 2017

Page 2

social organizations, lodges or clubs, government administration uses or buildings,

convention or conference centers, art galleries, museums, and performing arts

facilities.

6. Retail.

7. Personal service.

8. Food Service - including restaurants, cafés, taverns, grills, alcoholic liquor sales,

food service stores, and refreshment stands.

9. Consumer services - indoor entertainment, private recreation facilities, radio and

T.V. broadcasting studios, general repair services, and financial and real estate

services.

10. Educational / research and development.

11. Packaging & Delivery.

12. Wireless telecommunication antennas.

13. Outdoor entertainment.

If the proposed zone change is approved, the uses that could be allowed at 230 Middle Turnpike

West include:

1. Residential - multi-family historic mill conversion and residential above first floor

commercial in mixed-use buildings.

2. Mixed-use buildings - residential units above the first story commercial use either as

of right or as special exception depending on the number of dwelling units and their

combined gross floor area.

3. Lodging - hotel, motel.

4. Office.

5. Institutional and public use - municipal offices, police stations and fire houses, adult

day care, family day care homes, child day care centers, group day care homes,

schools and places of worship, clubs and fraternal organizations, public utility

buildings, and municipal buildings and uses.

6. Retail.

7. Personal service shop.

8. Food Service - including restaurants, sidewalk cafés, taverns, grills, and alcoholic

March 15, 2017

Page 3

liquor sales.

9. Consumer services - billiard or poolrooms, bowling alleys, theaters and similar

amusement enterprises.

10. Newspaper and job printing.

11. Radio and television broadcasting studios.

12. Wireless telecommunication antennas and facilities.

13. Funeral parlors.

14. Public parking lots.

15. Wholesale store and sample rooms; bulk storage or warehouse for such commodities

as food, furniture and hardware.

16. Tennis and badminton courts, skating rinks and health and recreation clubs.

17. Automobile sales - new and/or used.

18. Automobile repair and service garages or shops.

19. Automobile washes.

20. Carnivals and circuses.

21. Outdoor entertainment.

Some of the FBZ and BII uses listed above are permitted and some require special exception

approval by the Commission. Special exception uses are subject to the criteria of Article IV Section

20 of the zoning regulations and require a public hearing. I categorized and listed similar uses in

corresponding order for ease of comparison.

The purpose of the Design Overlay Zone is “to ensure development in previously developed areas

will protect, preserve, and enhance the unique historical and/or architectural qualities of overlay

districts and retain an area’s distinctive character and scale, and to promote the best examples of

architecture found in overlay districts to improve existing property conditions, address the presence

of blighted conditions, and increase property values.”

The provisions of the Design Overlay zoning regulations apply to the construction of new buildings;

changes, additions, or alterations to existing buildings; new accessory structures; and alterations or

additions to existing accessory structures that are visible from the street. The repair or replacement

of exterior materials or architectural features with the same materials or architectural features does

not require the Commission’s review.

March 15, 2017

Page 4

For the Commission’s Consideration

Relationship to the Town Plan of Conservation and Development

The Character Map in the Town’s Plan of Conservation and Development (the Plan) designates the

subject parcel as a Mixed-Use Center.

The Plan describes the Mixed-Use Center as “Consists of a tight network of streets with wide sidewalks,

tree plantings and a street wall created by building frontages. These areas are centers of activity, serving

as a transit hub and containing residential, commercial and office uses. Parking is typically on street or

behind primary buildings. Additional uses include parks, libraries, schools, and other institutional uses.

Net residential densities range from 10 to over 20 units per acre.” (Excerpt from the Plan)

Relationship to Surrounding Zoning

The attached map illustrates the subject parcel, which is located at the outer edge of the FBZ district.

The FBZ bounds the site to the west and to the south. Properties along Middle Turnpike West

traveling east from the subject site are zoned Business II and later on Residence C and Residence B.

Traveling west on Middle Turnpike West, there is a General Business zoned parcel across the

intersection with Broad Street. The Waddell School property across the street is zoned Residence

A. The Residence A zone continues north and west further on from the site. Residence B, and later

on Residence A and Residence C zoned areas are located to the east of the site.

Surrounding uses are a mix and consist of several nearby gas stations, a school, restaurants,

shopping plazas, a pizzeria, smaller scale retail shops, offices, single- and multi-family residences,

and institutional uses (CHR).

Considering the location of the subject site (at the edge of the zoning district), its use as an automotive

service and repair facility, and the surrounding zoning, the Staff believes it is appropriate to re-zone the

property to Business II with Design Overlay.

RB R:\Planning\PZC\2017\03 - March 20\Packet Memos\2017-010 Zone Change 230 MTW.doc

TOWN OF MANCHESTER

PLANNING DEPARTMENT

TO: Planning and Zoning Commission/Inland Wetlands Agency

FROM: Matthew R. Bordeaux, Environmental Planner/Wetlands Agent

DATE: March 15, 2017

RE: Hockanum Flats, LLC – 179 Tolland Turnpike

Inland Wetlands Permit and Determination of Significance (2017-011)

Special Exception Modification (2017-012)

Introduction

The proposed project consists of the construction of a 3,048 square foot building addition to the

existing building located at 171 Tolland Turnpike. The existing building is home of Lynch

Toyota’s used automobile sales facility and is currently used for sales and repairs. The proposed

addition will provide additional enclosed space for automobile repair activities and storage.

Inland Wetlands Permit

The proposed activity occurs in the regulated 100’ upland review area of the Hockanum River.

The river, flowing east to west, is located to the north of the existing facility. The Hockanum

River linear trail passes between the subject facility and the river as well. The proposal is limited

to the existing footprint of the automobile sales and service facility and no notable increase in

impervious surface will occur as a result of the proposal. Therefore, no note-worthy short or

long-term impacts are anticipated as a result of the proposed activity.

Determination of Significance

The Inland Wetlands Agency is required to make a determination of the significance of the

impact of the proposed activities on the wetlands, watercourses, and/or water bodies. In making

its determination, the Commission should be guided by the definition of "Significant Impact

Activity" as found in the Inland Wetlands and Watercourses Regulations which means any

activity, including, but not limited to, the following activities which may have a major effect or

significant impact:

a. Any activity involving a deposition or removal of material which will or may have a

substantial effect on the wetland or watercourse or on wetlands or watercourses outside the

area for which the activity is proposed; or

b. Any activity which substantially changes the natural channel or may inhibit the natural

dynamics of a watercourse system; or

March 15, 2017

Page 2 of 3

c. Any activity which substantially diminishes the natural capacity of an inland wetland or

watercourse to support aquatic, plant or animal life, prevent flooding, supply water,

assimilate waste, facilitate drainage, provide recreation or open space or perform other

functions; or

d. Any activity which is likely to cause or has the potential to cause substantial turbidity,

siltation or sedimentation in a wetland or watercourse; or

e. Any activity which causes a substantial diminution of flow of a natural watercourse or

groundwater levels of the wetland or watercourse; or

f. Any activity which is likely to cause or has the potential to cause pollution of a wetland or

watercourse; or

g. Any activity which damages or destroys unique wetland or watercourse areas or such areas

having demonstrable scientific or educational value.

If the Agency finds the proposed activity will have a significant impact on the wetlands, a public

hearing is required. Should the Agency find this activity will not create a significant impact,

then no public hearing is required.

Special Exception Modification

The applicant is requesting a Special Exception Modification in accordance with Article II,

Section 24.02.01 for the automobile repair and service garage located in the General Business

zone.

Access and Parking

The site is currently accessible by an existing driveway apron lined-up at the intersection of

Parker Street and Tolland Turnpike. The site can also be accessed across the property line with

the adjacent Lynch Toyota at 179 Tolland Turnpike. There are no proposed changes to the site

access.

The proposal includes the realignment of the striped parking aisles on the easterly half of the site.

Parking of inventory will be pushed easterly to utilize the existing paved surface and the next

row of parking will also be shifted east and parking stalls restriped as shown on the attached

plans. There will be no increase or decrease in the total number of spaces on site.

There is no increase in traffic expected as a result of the proposed modifications.

Building

The proposed project involves the construction of a 3,048 square foot addition to the northeast

corner of the existing building. The proposed addition will be utilized for additional automobile

repair and storage.

March 15, 2017

Page 3 of 3

The existing building is currently serviced by public water and sewer. Based on the size,

location and the proposed use of the addition the applicant’s engineer indicates that the existing

public utilities servicing the site will be sufficient to service the site once the addition is

constructed.

A computer rendering of the proposed building addition façade is attached. The applicant has

been advised to bring a materials sample board to the meeting for the Commission’s review.

Stormwater Management

The proposed building addition will require the relocation of an existing catch basin on the

easterly side of the building. The applicant’s engineer states that this portion of the storm

drainage system will be reconstructed using the same pipe sizes, catch basin types and

connection to the existing stormwater treatment chamber. Stormwater collection areas and flow

patterns will not change due to the catch basin relocations.

The proposed building addition will result in the loss of 985 square feet of pervious area due to

the removal of the stone covered landscape area adjacent to the existing building. This loss will

be mitigated by the removal of 985 square feet of impervious paved parking area along the

easterly side of the existing parking lot as shown on the attached plan. This area will be re-

established with a grass covered pervious area. The realignment of the parking lot will require

the removal and replacement of some landscaped islands as well. Based on the proposed

stormwater mitigation measures no increase in peak off-site flow of stormwater is anticipated

from the site as a result of the proposed building addition.

Staff Review

Staff has reviewed the plans and documents submitted with this application. Michelle Handfield,

Assistant Town Engineer, provided the applicant with comments requesting revised labeling and

confirmation of various details on the plans. The Engineering Division recommended approval

with modifications requiring the comments from Mrs. Handfield to be addressed prior to

submittal of the final plans and issuance of any construction permits.

Mr. Bordeaux, Environmental Planner commented that more room would be available in the

landscaped islands if the parking spaces proposed to be restriped were shifted south slightly.

There were no further outstanding comments.

MRB

Attachments R:\Planning\PZC\2017\03 - March 20\Packet Memos\2017-011,012.docx

PZC – PH – 2/13/17 - 1

MINUTES OF PUBLIC HEARING

HELD BY THE PLANNING AND ZONING COMMISSION

FEBRUARY 13, 2017

ROLL CALL:

Members Present: Eric Prause, Chairman

Andy Kidd, Vice Chairman

Michael Stebe, Secretary

Timothy Bergin

Alternate Member Sitting: Patrick Kennedy

Absent: Jessica Scorso

Julian Stoppelman

Teresa Ike

Also Present: Gary Anderson, Director of Planning

Renata Bertotti, Senior Planner

Katie Williford, Administrative Secretary

Nancy Martel, Recording Secretary

Time Convened: 7:00 P.M.

Mr. Prause opened the Public Hearing by introducing the members of the Commission.

Mr. Stebe read the legal notice.

TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION – To revise Art. II,

Sec. 8 (CUD zone) as follows: To remove multi-family dwellings and high-rise apartments from

the list of permitted uses; to add stand-alone multi-family or multi-family above ground floor

commercial as special exception uses; and to add accessory use of yards, walkways, and parking

lots as a permitted use. To revise Art. IV Sec 20 (Special Exception Criteria) to remove the

reference to the CBD zone at Art. IV, Sec. 20.01.01 j. To delete Art. IV Sec. 2 (High Rise

Apartments). – Zoning Regulation Amendment (2016-145)

Renata Bertotti, Senior Planner for the Town of Manchester Planning Department, described the

application to amend several sections of the zoning regulations pertaining to multi-family

dwellings in the Comprehensive Urban Development (CUD) Zone, accessory use of yards,

walkways and parking lots and special exception criteria.

The amendment to Art. II, Sec. 8 (CUD zone) was modeled after an amendment recently adopted

for the General Business zone. Its intent is to allow stand-alone and mixed use residential use in

zoning districts that are commercial in nature. The intent behind this amendment is to promote a

mix of uses so even standalone residential buildings are on parcels that are mixed-use, she said.

DRAFT

PZC – PH – 2/13/17 - 2

Ms. Bertotti stated that the proposal meets the purpose of the CUD zone to promote a greater

flexibility of uses. She explained that this amendment also meets several intents, goals and

objectives of the Plan of Conservation and Development and reiterated that this is a continuation

of an amendment to the General Business Zone.

One difference is that, when the GB zone amendment was adopted, the GB zone did not allow

residential uses at all. The CUD zone, however, permits multi-family developments as of right

under current regulations, subject to the development standards of the PRD zone or high-rise

apartment regulations. The PRD design standards do not lend themselves to mixed-use types of

developments and may not be well suited to the CUD zoning district, Ms. Bertotti said,

speculating that this may explain why there has never been a proposal for this type of residential

development in this zoning district. The zoning regulations pertaining to high rise apartments

have been in place since 1972 and the Planning Department has never received an application for

high rise apartments. She further stated that the high rise apartments section includes many

building code and fire code requirements which should not be part of the zoning regulations.

Ms. Bertotti explained that the Pavilions apartments were the only apartments ever built in the

CUD zone, and those were part of the original plan for the entire mall area. The Planning

Department now proposes to delete the current provisions in the CUD zoning regulations that

allow multi-family dwellings subject to development standards which are not the most

appropriate for this zoning district.

Ms. Bertotti further stated the Planning Department proposes replacing the provision which

currently permits residential uses under the PRD or High Rise apartment development standards

with one that will allow stand-alone and mixed-use multi-family above ground floor commercial,

subject to special exception in the CUD zone. The special exception approval would be subject

to review criteria, including the building standards that are modeled after the form-based code

regulations and other standards that are specific to these types of commercial sites. For example,

the Planning Department proposes that at least 50% of the ground floor must remain commercial

to prevent the entire site from being converted into a residential site. The Planning Department

also proposes height regulations directly related to the size of the commercial buildings and their

distance from mass transit. She also detailed the proposal for smaller sites and commercial

buildings and open space and parking requirements.

She reminded the Commission that in July 2016, they adopted regulations which deal with the

use of walkways, parking lots and yards. This regulation also intended to address the seasonal

sale events such as the annual fireworks sales at Plaza Azteca and the appliance sale in front of

P. C. Richard & Sons. However, the amendment ended up in the section of the zoning

regulations that deals with the general requirements for all business zones and these locations, P.

C. Richard & Sons and Plaza Azteca, are in the Comprehensive Urban Development zone. The

current proposal would add these same provisions to apply in the CUD zone.

Ms. Bertotti further added, in a discussion of residential uses, that when the Commission adopted

the amendment to the General Business zone regulations, Integration of Use was added under the

Special Exception Criteria. That provision included a reference to the CBD zone, because staff

originally intended to return to the Commission with a proposal to delete high rise apartments

and propose these changes in both the CUD and CBD zones. However, it later became clear that

these standards would be very difficult to meet in the CBD zone. Therefore, staff now proposes

PZC – PH – 2/13/17 - 3

to delete the reference to the CBD zone under Integration of Use in the Special Exception

Criteria, and not to change the CBD zone regulations at all.

The proposed zoning regulation amendment was sent for review to CRCOG to which the

response read, “The staff of the Regional Planning Commission of the Capitol Region Council of

Government, has reviewed this referral and finds no apparent conflict with the concerns of

neighboring towns. We would encourage the Planning & Zoning Commission to consider

adding provisions to provide for affordable housing opportunities in accordance with the

Regional Plan of Conservation and Development housing goal to increase the range of choice in

housing for people of all incomes and all ages, but especially for those who have the least choice

in achieving their locational preference.” Additionally, CRCOG referred to the general goal of

the Regional Plan of Conservation and Development which reads, “Increase the range of choice

in housing for people of all incomes and all ages, but especially for those who have the least

choice in achieving their locational preference.”

Mr. Bergin requested clarification regarding the terms used in the amendment.

Ms. Bertotti informed him that the intent of the regulation is to provide for mixed use on the

commercial sites.

Mr. Kidd inquired as to whether other communities’ regulations were reviewed in the

requirements for this proposal.

In response, Ms. Bertotti stated the specific ratios and percentages were copied from the General

Business Zone regulation, to ensure that 50% was not exceeded one way or the other.

Mr. Stebe inquired whether individual balconies would be included in the open space

requirement.

Ms. Bertotti stated that a minimum of 25% of open space must be dedicated to residential use

only, and balconies could be included. Additionally, each site would be required to incorporate a

minimum of 25% that is accessible to all tenants of the plaza.

Mr. Stebe requested clarification as it was his understanding that open space should be accessible

to all residents and he does not believe that an individual’s apartment balcony fits into open

space.

Ms. Bertotti further informed the Commission that this provision can be removed from the

proposal.

Mr. Stebe requested further clarification regarding mixed usage of a site, i.e., two buildings, with

building one commercial and building two residential.

Ms. Bertotti explained it is 50% per site.

Mr. Anderson clarified that the buildings must be the same size.

PZC – PH – 2/13/17 - 4

Mr. Bergin noted that there are two subsections under open space, one 25% of the total open

space dedicated exclusively to tenants, including balconies. The next subsection is that a

minimum of 25% of the total open space be available for all patrons of the property and does not

reference balconies. Therefore, is it possible that 25% would not fall under that calculation?

Ms. Bertotti stated that each development must have a minimum of 50% of open space.

Residential uses may have balconies and commercial uses may have sitting areas, common

plazas, central entertainment spaces accessible via pedestrian access ways, excluding balconies.

Mr. Prause pointed out to Ms. Bertotti her reference to accessory uses, stating that Art. II Sec.

8.02.15 references accessory uses. He speculated that this may be redundant to the section

currently proposed.

Ms. Bertotti replied that these accessory uses are different from the uses regulated as the

accessory uses of yards, walkways and parking lots which pertain to display, sale and seasonal

sales.

Mr. Prause asked, if the site is within a half mile of existing mass transit and it exceeds 200,000

square feet, the building height could be up to 80 feet.

Ms. Bertotti asserted that this was correct; both criteria would have to be met.

Mr. Prause further queried Ms. Bertotti whether there were any changes to Art. II, Sec. 9.

Ms. Bertotti replied that there were no changes.

Mr. Kennedy affirmed that he would not construe that the open space would include balconies of

individual apartments.

Mr. Prause inquired whether there were changes to the Central Business District zone to remove

references to High Rise Apartment regulations.

Ms. Bertotti informed the Commission that there are no proposed changes to the CBD zone.

Mr. Prause stated that there are references in the CUD zone regulations to high rises and he did

not know whether there was one in the Central Business District.

Ms. Bertotti stated that if there is one, it should be removed at a later date.

Mr. Stebe questioned the parking section, whether the proposed subsections 1, 2 and 3 are all

referring to only the residential use. Additionally, he stated that it’s “all other uses” which refers

back to the original CUD regulations.

Ms. Bertotti stated that that parking section regulates mixed use developments with commercial

uses on the ground floor.

Mr. Stebe further asked if the applicant must specifically request the 15% parking reduction as

part of their application.

PZC – PH – 2/13/17 - 5

Ms. Bertotti replied that they would have to, but whether or not reduction is granted is at the

Commission’s discretion, so the Commission would formally act on the request.

Mr. Stebe inquired about number 6, Circulation.

Ms. Bertotti stated that the regulation is intended to avoid separate access for the residential uses,

e.g., from the back of a commercial plaza. The parking and driveway connectivity is intended to

keep the mixed use development standard.

Mr. Prause requested comment from the public.

Mr. Kennedy moved to close the Public hearing. Mr. Stebe seconded the motion and all

members voted in favor.

TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION – Zoning Regulation

Amendment 2016-148 to revise Article I, Sec 2, Definitions, to add a definition for outdoor

entertainment. To revise Article II, Sec 8, Comprehensive Urban Development Zone, Article II,

Sec 10, Business 1 Zone, Article II, Sec 11, Business 2 Zone, Article II, Sec 12, Business 3

Zone, Article II, Sec 14, Business 5 Zone, Article II, Sec 15, Central Business District, Article II,

Sec 22, Special Design Commercial Business Zone, Article II, Sec 24, General Business Zone,

and Article II, Sec 26, Form Based Zone to add outdoor entertainment as a special exception use.

Ms. Bertotti relayed that in July 2016, the Commission was approached regarding music at an

outdoor patio at Main Pub. She further stated that the Manchester zoning regulations are written

in a permissive manner, so if a use is not listed as permitted, it is not allowed.

Ms. Bertotti went on to state that a discussion was held regarding the proposed definition for

outdoor entertainment at the recent workshop. The Commission indicated they would only allow

this under special exception which would require a public hearing and a review under the special

exception criteria.

Ms. Bertotti reviewed the zoning districts in which the outdoor entertainment use is proposed to

be allowed and a discussion continued around sound amplification, buffering and hours of

operation. This proposal, in the staff’s opinion, meets several goals of the Town’s Plan of

Conservation and Development, Ms. Bertotti said.

Mr. Kidd affirmed that during the workshop, conditioning the special exception was discussed.

He expressed concerns about enforcing the special exception criteria.

Ms. Bertotti reiterated that these regulations are enforceable. However, she expressed concern

about the Zoning Officer’s ability to enforce the regulations outside of normal working hours.

She maintained that as long as the regulation is legal, it’s enforceable.

Mr. Anderson clarified that in terms of the hours of operation and days of the week, the hours of

operation coincide with the Town’s noise ordinance. He continued that an applicant would have

PZC – PH – 2/13/17 - 6

to request a change to the hours of operation and days of the week, and the regulation would

allow the Commission some flexibility.

Mr. Kidd wondered if this proposal had been discussed with the Town Attorney to which Ms.

Bertotti replied that it had not and Mr. Kidd expressed his concerns about challenges by

applicants and residents. He reminded the Commission that in the workshop other towns’

regulations were reviewed.

Ms. Bertotti discussed several town regulations that Mr. Shiel had investigated.

After a discussion with Ms. Bertotti, Mr. Prause expressed his satisfaction that the regulations

are consistent with the current Town regulations. He further inquired about the current threshold

regarding notifying other towns about properties of concern, to which Ms. Bertotti replied that

she was not sure and would have to look it up.

Mr. Prause inquired whether this regulation addresses lighting.

Ms. Bertotti replied that zoning regulations currently did not address this.

Mr. Kidd inquired whether an applicant would have to come before the Commission with each

different proposal to which Ms. Bertotti replied that depending on the changes, different

proposals may require a new public hearing.

Mr. Prause called for public comment.

Mary Fish, 19 Strickland Street, Manchester voiced her opposition to the change in regulations

regarding the Business I Zone as this zone is surrounded by residential areas with little to no

buffering. She brought up the variables in sound travel that are only mitigated by large barriers.

She felt that allowing outdoor entertainment in the Business I zone is essentially allowing it in

residential areas. Ms. Fish stated that the negative impact for an increase in noise level will bring

more calls to the Police Department and referenced effects on property values.

Keith Beaulieu, owner of the Main Pub Restaurant, said he is looking to add outdoor

entertainment to his restaurant, inside the framework of Ms. Fish’s concerns. Mr. Beaulieu

stated that his intent has been to add the entertainment in a manner which is beneficial to all. He

also pointed out that there are establishments within the town that are already allowing outdoor

entertainment without permission, without regulation and without enforcement. He asserted that

the allowance would be beneficial to the Main Pub and would expand the Downtown area.

Mr. Prause called for further public comment and there was none.

Mr. Kidd stated that he is concerned about the enforceability. He also wondered if there was a

way to address the Business I zone to make it less all-encompassing. Mr. Kidd would like an

opinion from the Town Attorney regarding the special exception conditioning. He would like to

leave the public hearing open to follow up.

Mr. Stebe proposed an amendment to include the Chair’s comment on light to include “sound

and light equipment oriented in a manner that directs sound and light away from abutting

PZC – PH – 2/13/17 - 7

properties.” He reflected on prior discussions about creating a community vibe and creating a

connection between neighborhoods and having something for people to do and a reason to draw

people into the neighborhoods and into the downtown toward 384 and downtown heading north,

making the connection between the two. He assumed that Mr. Pellegrini would have imparted

the opinion that the applicant always has recourse to challenge. He further stated that the

Commission has the ability to add in additional requirements if they are within 200 feet of a

residential location, place of worship or a school. He believes there are locations that would

benefit from this level of guidance. Mr. Stebe’s opinion is that the proposed regulation can work

provided the Commission considers each exception brought forth. He further reiterated the

criteria on each zoning area to include sound amplification and lighting equipment oriented in

the manner that directs the sound and light away from abutting properties and buffering is

provided to mitigate noise and light trespass.

Mr. Kennedy stated that he agreed with Mr. Stebe’s opinion and believes the court would find

the criteria reasonable. He affirmed that the CRCOG comments are just boilerplate. He believes

that a court would see the proposed regulation as perfectly reasonable. He further stated that the

Commission is given heightened abilities to impose conditions near schools, churches or

residences.

Mr. Stebe requested clarification on notifying abutting towns and whether it is a business

practice at this point.

Ms. Bertotti explained that notification of abutting municipalities in instances of most

applications which require a public hearing is an existing requirement in the general statutes.

She further stated that the Town sends a notification to all direct abutters, whether they are in our

town or the town adjacent to us. The Town is also required, under general statutes, to send a

notification to abutting towns if there is a proposal for certain applications.

Mr. Anderson clarified that pretty much anything would trigger the notification if a public

hearing is required.

Mr. Prause asked whether there is any feedback on the 10 PM restriction and wondered how

viable that requirement would be with outdoor entertainment.

Mr. Anderson stated that they felt it was reasonable as there is always the opportunity to bring

the music indoors after hours.

Mr. Prause agreed with Mr. Kidd about leaving the public hearing open. He is concerned about

lighting and whether something could be added tonight or if it should be acted upon later.

Ms. Bertotti explained that this is not a significant change to the proposal. If the Commission

wants to proceed with the added language regarding sound and light equipment, the Planning

Department could add that. It is not a change that would require another notice.

Mr. Kennedy felt that adding the word “light” would be a relatively minor change.

PZC – PH – 2/13/17 - 8

Mr. Stebe concurred with Mr. Kennedy, and that it should be limited to the sound amplification

equipment and light equipment oriented in a manner to direct the sound and light away from

abutters to mitigate the noise and light trespass.

Mr. Prause expressed the need to address the fact that there are places doing this now and

expressed his concerns about the regulations. He further stated that adding lighting to the

condition would be useful, or at least should be reviewed as part of an application. He agreed

with Ms. Fish that BI to BIII zones are generally surrounded by residential use.

Mr. Bergin agreed with Commissioners Kennedy and Stebe. He stated that the prevailing

regulation will be the noise ordinance in most cases. He agreed with making a provision for

light. Mr. Bergin said he is comfortable with approving this proposal as a special exception use.

Mr. Kennedy moved to close the Public hearing. Mr. Stebe seconded the motion and all

members voted in favor.

The Chairman closed the Public Hearing at 8:47 P.M.

___________________ ______________________________________

Date Eric Prause, Chairman

NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN BE

HEARD IN THE PLANNING DEPARTMENT.

PZC – BM – 2/13/17 - 1

MINUTES OF BUSINESS MEETING

HELD BY THE PLANNING AND ZONING COMMISSION

FEBRUARY 13, 2017

ROLL CALL:

Members Present: Eric Prause, Chairman

Andy Kidd, Vice Chairman

Michael Stebe, Secretary

Timothy Bergin

Alternate Member Sitting: Patrick Kennedy

Absent: Jessica Scorso

Julian Stoppelman

Teresa Ike

Also Present: Gary Anderson, Director of Planning

Renata Bertotti, Senior Planner

Katie Williford, Administrative Secretary

Nancy Martel, Recording Secretary

Time Convened: 8:47 P.M.

NEW BUSINESS

TILCON, INC. – For removal of an existing weigh scale and building at 116 Union Street. –

Inland Wetlands Permit – Determination of Significance (2016-147); Inland Wetlands Permit

(2016-147)

Mr. Tom Daly, Professional Engineer with the firm of Milone & MacBroom, spoke on behalf of

Tilcon, Inc. regarding the application for a wetlands permit for activity within the upland review

area. The parcel has an address of 116 Union Street, but the property is off North Main Street.

The scale house is an integral part of the Tilcon operation and determines the billing.

Mr. Daly continued that the proposed activity will include the removal of the scale house and the

weigh scale. The scale is proposed to be replaced with a more modern version, and the proposed

location is outside of the regulated upland review area. The existing building will be demolished

and removed, and the location filled with good granular fill, compacted and paved. An area that

is currently impervious will be removed and restored to lawn, resulting in a 3,000 sq. ft.

reduction of impervious surface. Mr. Daly said he believes that this project will result in

minimal to no potential erosion.

Mr. Prause asked for clarification of the site, which Mr. Daly provided. He was informed that

the temporary adjacent buildings will be removed as well.

DRAFT

PZC – BM – 2/13/17 - 2

Mr. Stebe asked if there were any contaminants on this site. He was told that the material is

contained in the trucks.

Ms. Bertotti stated on behalf of Matt Bordeaux, the Town’s Environmental Planner and

Wetlands Agent, that he is satisfied with the design for this application. The applicant was

responsive to reducing the excess asphalt in the area as well as erosion and sediment controls.

Staff recommends approval subject to modifications of some minor comments that are contained

in a memo from Michelle Handfield, Assistant Town Engineer.

Mr. Daly stated that they have no objection to the comments and will address them.

Mr. Prause asked Ms. Bertotti whether this will require an erosion and sedimentation control

plan and if there should be a ruling on the flood plain impact.

Ms. Bertotti replied that the disturbance is under a half acre and would not require an erosion and

sedimentation control plan. She further stated that they have never submitted an application for a

flood plain approval. Mr. Daly said a flood plain approval is not needed because there will be no

change in grade.

Inland Wetlands Permit – Determination of Significance (2016-147)

MOTION: Mr. Kennedy moved to find the proposed activity at the above-referenced location

as shown on the Inland Wetlands Permit application 2016-147 will not have a

significant impact on the wetlands and, therefore, will not require a public

hearing.

Mr. Stebe seconded the motion and all members voted in favor.

Inland Wetlands Permit (2016-147)

MOTION: Mr. Kennedy moved to approve the Inland Wetland Permit with the modification

as specified in staff memorandum from:

1. Michelle Handfield, Civil Engineer, dated February 1, 2017.

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

five years. The work in the regulated area must be completed within one year of

commencement.

Mr. Stebe seconded the motion and all members voted in favor.

JOSEPH D’ASCOLI (MANCHESTER HOUSING AUTHORITY) – For a photo voltaic solar

array at 11 Bluefield Drive – Special Exception Modification (2017-005).

Joe Milazzo, Paquette Electric, spoke on behalf of the Manchester Housing Authority. Mr.

Milazzo described the area for the solar array installation. He noted that the area is not readily

visible from the road, and is not near wetlands. There will be a slight modification, removal of

PZC – BM – 2/13/17 - 3

the organic material, and laying a pad of 4” gravel to prevent vegetation growth. Mr. Milazzo

further stated the array will be connected to a medium voltage transformer which will tie into an

existing telephone pole. Several existing trees will be removed and additional trees moved. The

area will be split into four subarrays, approximately two feet between each array to help with

snow accumulation. One residential building is closest to the northeast corner of the array. The

site will utilize a culvert tying into the existing catch basin. The area impacted is approximately

140 feet wide by 60 feet deep. Additionally, a permanent six foot chain link fence will be

erected in accordance with electrical code requirements.

In answer to the questions from staff, Mr. Milazzo displayed to the Commission the completed

revised plans along with general comments. The construction entrance depiction was also

presented, as well as the impact on the existing sidewalk.

Mr. Prause inquired about the current use of the field to which Mr. Milazzo replied that it is open

space. Mr. Milazzo requested Gary Sweet speak to this.

Mr. Gary Sweet, 99 Green Manor Road, Modernization Coordinator for the Manchester Housing

Authority, informed the Commission that this field is not used, as the grade is too steep for the

residents of this facility. He relayed that the Manchester Housing Authority has a large amount

of open space.

Mr. Prause inquired of Ms. Bertotti about the history of this application and the open space

requirements. He asked if this was part of the open space which was not traceable.

Ms. Bertotti replied that there were no records indicating whether this space was counted

towards the open space requirement when the original special exception was approved. She

informed the Commission that Mr. Sweet had submitted an open space table indicating that there

is an adequate amount of open space excluding this area. The open space requirements at the

time of the original special exception approval were regulated under landscaping requirements

and were not very specific, she said. When the additional building was built in the 80s, there

was a more specific, per-unit open space requirement that required no more than 5% grade.

Under that second approval for the last building that was added, this space could not be counted

because it would not meet that grade requirement.

Mr. Prause said it appeared that the amount of open space that would be lost would be minimal,

about 13,000 sq.ft. out of the 800,000 sq.ft. of open space provided.

He also inquired about the threshold of this installation going through the Siting Council as

opposed to Planning and Zoning.

Ms. Bertotti replied that she did not believe this should go to the Siting Council. It was her belief

that the Siting Council generally regulates telecommunication facilities, not this type of utility

generation.

Mr. Stebe inquired why the solar arrays are not being installed on the rooftops of the buildings in

an effort to retain the open space.

PZC – BM – 2/13/17 - 4

Mr. Milazzo informed the Commission that each home uses 100 amp service. The arrays would

have to be split into small arrays for each home as they wouldn’t be able to handle the power.

Many of the roofs also have peaks that would prevent placing that number of panels on them. It

would not be possible to generate the same amount of energy by placing panels on the roofs, he

said.

Mr. Sweet reflected on the Housing Authority’s struggle with Federal funding for roof issues and

said the placement of arrays on each roof would require a new roof on each unit, which would

not be economical. He asserted that the Housing Authority’s energy conservation program

enhances the plan for Connecticut to become completely renewable energy-oriented by the year

2030. Additionally, this would be the only solar farm for any public housing authority in New

England.

Mr. Prause asked for a further description of the landscaping with this project.

Mr. Milazzo replied that there will be very little landscaping. He went on to give a complete

description of the landscaping planned.

Mr. Bergin inquired about concerns regarding sound generation with the equipment to which

Mr. Milazzo replied that there will be no noise generated. Mr. Milazzo went on to give a

complete description of the electrical system’s configuration. He continued on to explain that

the solar array will produce approximately 15% of the yearly energy being used by the

Manchester Housing Authority. Any excess power cannot be outputted to the grid as it would be

too costly to upgrade the transformers.

Mr. Prause requested clarification that the only equipment that will be outside of the gate will be

a transformer that is set on a pad.

Mr. Milazzo affirmed that it would be a pad-mounted transformer.

Ms. Bertotti reiterated that the applicant has been provided with comments from Michelle

Handfield, Engineering Department, to which the applicant responded. The revisions and

comments to the plans can be reviewed after the Commission approves this application. They are

technical in nature related to the site survey, etc.

Mr. Stebe asked if the permanent fence would include razor wire to which Mr. Milazzo replied it

does not.

Special Exception Modification (2017-005)

MOTION Mr. Kennedy moved to approve the special exception modification at 11 Bluefield

Drive at the Corner of Case Dr., House Dr. & Carver Ln. with the modifications

as specified in staff memorandum from:

1. Michelle Handfield, Assistant Town Engineer, dated January 27, 2017.

Mr. Bergin seconded the motion and all members voted in favor.

PZC – BM – 2/13/17 - 5

The reason for the approval is that the proposed special exception modification meets the

requirements of Article IV, Section 20.

COMMUNITY HEALTH RESOURCES – Pre-Application Review to discuss a 13-unit

supportive housing development at 50-51-60-70-71 Kathleen Way

Attorney Tim Hollister, Hartford, represented Community Health Resources accompanied by

Architect Paul Bailey as well as Michele Gaudet and Heather Gates from CHR.

Mr. Hollister explained that the property referenced is zoned Planned Residential Development

(PRD) and is presently approved for five single-family home lots, all of which are undeveloped

and would be merged under the proposal. Per discussions with Ms. Bertotti, the zone change and

site plan approval would be required because, even though the property is already zoned PRD,

CHR is looking to change the use from single-family to multi-family. He pointed out that multi-

family use is a permitted use, not a special exception use, under Art. II Sec. 7.02.03. Mr.

Hollister also referenced a letter dated January 10, 2017 from Jim Davis, Zoning Enforcement

Officer, that stated “The proposed design concept appears to comply with all applicable zoning

regulations.” CHR is proposing 13 units, 12 residential units and an on-site staff supervisor unit.

This will be permanent supportive housing for young adults ranging in age from 18 to 24 who

are presently homeless. CHR is applying to the Department of Housing for funding for this

proposal, which has not yet been granted.

Mr. Hollister continued to explain the plans for the residents of this site. Services would not

include alcohol or drug addiction recovery services, Department of Children and Families

placement, or Department of Correction placement, he said. He informed the Commission that

CHR has not yet reached out to the neighbors.

Mr. Bailey, with the architectural firm in New Haven, entered into a description of his firm and

the other units they have designed for CHR in Manchester. Mr. Bailey went on to illustrate the

proposed site with the building and parking design. He went on to explain how the site was

designed to minimize the effect on the single-family homes on Kathleen Way. Mr. Bailey also

stated that they would like to reduce the number of parking spaces. Additionally, Mr. Bailey

provided a rendering of the building site, pointing out the aspects that were designed with the

neighboring residents in mind. He went on further to show a depiction of the floor plans.

Ms. Gates, President and CEO of Community Health Resources, gave a description of CHR’s

services. She went on to inform the Commission that this proposed site is designed for the

homeless between the ages of 18 and 24. The proposed design is unique in that there will be

supportive staff on site to provide a stabilizing adult presence as well as additional case

management.

Ms. Bertotti inquired whether Mr. Hollister had on hand documentation of the original approval

to bring the Commission up to date as the original approval was for seven lots. At that time, the

site was approved for seven single family lots, two lots having frontage on North Main Street

and five lots to be accessed off Kathleen Way, she said. A discussion ensued while reviewing

the zoning map.

PZC – BM – 2/13/17 - 6

Ms. Bertotti noted the main point of the discussion is to get a sense of whether it is appropriate to

change the zoning to introduce this multi-family development in the mostly single family area.

She further explained that PRD zoning regulations permit single family houses, duplexes and

multi-family houses and the applicant would have to come before the Commission, which would

review this proposal as a zone change.

Mr. Stebe responded to Ms. Bertotti asking, since this is already zoned PRD, if this is a change

of the use within the zone.

Ms. Bertotti replied that the PRD zone is a zoning district approved together with the Plan of

Development. The character of the zone is directly represented by the specific Plan of

Development and each time a plan is changed, the zone effectively changes as well.

Mr. Anderson informed the Commission that each PRD zone on the map goes with a plan. So

when you change that plan, you are changing the map.

Mr. Bergin questioned staff about how the abutting properties on Kathleen Way and Carolyn

Drive came to be designated PRD.

Ms. Bertotti stated that it was an approval that occurred prior to this zone change, and prior to

her employment with the Town.

Mr. Bergin inquired whether the development was approved and built with single family

residences before being designated as a PRD Zone, to which Ms. Bertotti stated that it was zoned

PRD and it was subsequently built.

Mr. Kidd reflected on the orientation of the building and inquired whether the Commission can

relax the parking requirements.

Ms. Bertotti stated the parking is required and there are no provisions for waivers. The only way

to reduce the required parking would be through a variance or a regulation amendment.

Mr. Kidd recognized that the parking requirement adds extra impervious surface for no good

reason. He also agreed with Ms. Bertotti’s opinion regarding this multi-family house as a stand-

alone entity around single-family homes, which will be a discussion.

Mr. Prause commented that any supportive housing is valuable, particularly the plan to have

support staff live on the site. He expressed his concern about feedback from the neighborhood.

Mr. Kennedy expressed that Art. II Sec. 7.05.01 appears to be a confusing procedure because this

location was approved as a PRD zone. He expressed his pleasure with the appearance of the

building.

Mr. Bergin stated he appreciates the services that CHR provides, especially considering the

recent closure of a homeless shelter. He inquired whether CHR considered replacing the

services of the homeless shelter.

PZC – BM – 2/13/17 - 7

Ms. Gates replied that CHR has been committed to developing permanent housing for

individuals. CHR had staff in the shelter working with homeless individuals and Ms. Gates

expressed that they were concerned when the homeless shelter closed and, in fact, did some

advocacy with the Department of Housing in an effort to keep it open. However, CHR is

dedicated to permanent housing rather than transitional or temporary housing.

Mr. Bergin inquired whether the clientele would age out of this housing.

Ms. Gates stated that this housing is intended to be permanent until the residents decide to move;

they would not age out. The goal is to help residents become educated, learn to work and deal

with the issues of moving into adulthood.

Mr. Bergin questioned whether the facility would have an elevator to enable disabled residents to

utilize the exercise room on the second floor.

Mr. Bailey replied that the design includes seven units on the first floor that will be accessible to

the handicapped. There will be six more units on the second floor which are not accessible.

Mr. Bergin clarified that handicapped residents on the first floor could not access the exercise

room.

Mr. Bailey stated that they may revisit that issue.

Mr. Bergin responded that he too compliments the design of the building. Furthermore, as a

final thought, he suggested a reduction in parking, perhaps not tied to this specific application,

for a facility such as this which does not warrant the size of the parking area.

Ms. Bertotti inquired whether the applicant is satisfied with the feedback they have received.

She further stated that the basic issue is whether this proposal will fit the character of the

neighborhood.

Mr. Prause reiterated that this matter comes down to location and neighborhood compatibility.

Mr. Bailey responded that the plan offers more open space in this plan than there was in the

original approved seven lots, especially if the parking can be reduced. He stated he has the

impression that most of the Commission is in favor of this proposal.

Mr. Prause stated that he agrees with the purpose. However, the Commission is tasked with

representing residents in that area and ensuring that the proposal is in the best interest of the

Town and suggests that CHR be prepared to assuage neighbors’ fears.

Ms. Gates commented that she appreciates the Commission for taking the time to review this

proposal, and that CHR is prepared for the comments and issues from neighboring residents.

CHR will be taking the Commission’s feedback into advisement in going forward.

Mr. Kennedy expressed his concern over putting a multi-family building in a single-family

neighborhood.

PZC – BM – 2/13/17 - 8

Ms. Bertotti described briefly the neighborhood, which includes a rail line, industrial property

and single family residential properties.

Mr. Kidd reiterated this is a neighborhood compatibility issue, though this is an admirable use.

He suggested that CHR may best be served by looking at some other properties.

Mr. Prause mentioned that a better option would be to place the entrance off North Main Street

rather than Kathleen Way. This would effectively create a barrier for the residential properties.

Mr. Anderson commented that a pre-application review seeks to determine whether a proposal is

something that the Commission could feel is appropriate in a location. He believes that this

proposal is something that the Commission could potentially agree is appropriate in this location,

but there are concerns the applicant will need to address.

Ms. Gates explained CHR’s mission to serve a population with a goal to maintain positive

relations within communities.

TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION – Zoning regulation

amendment regarding multi-family dwellings and high-rise apartments in the CUD zone;

accessory use of yards, walkways, and parking lots; Special Exception Criteria to remove the

reference to the CBD zone; and to delete Article IV, Sec 2 (High-Rise Apartments). - Zoning

Regulation Amendment (2016-145)

MOTION: Mr. Kennedy moved to approve the zoning regulation amendment regarding

multi-family dwellings and high-rise apartments in the CUD zone; accessory use

of yards, walkways, and parking lots; Special Exception Criteria to remove the

reference to the CBD zone; and to delete Article IV, Sec 2 (High-Rise

Apartments), with the following modification:

1. At Art. II Sec. 8.03.03 (3)(iii)(1), the word “balconies,” will be replaced with

“common balconies,” and “etc.” will be replaced with “or similar common

areas.”

Mr. Prause requested clarification of Mr. Kennedy’s reference to Section 8.03.03(3)(iii)(1)

Mr. Kennedy said he wanted to clarify that balconies in individual apartments would not be

considered open space in order to avoid setting a precedent.

The reason for the approval is that the proposed amendments correct the previous oversight with

regard to the accessory of yards, walkways, and parking lots, and are consistent with the

Manchester 2020 Plan of Conservation and Development of redeveloping and investing in

existing and potential mixed use areas districts and centers, transportation nodes and corridors,

promoting walkable neighborhoods, and diversifying the town’s housing stock. The zoning

regulation amendment will be effective on March 1, 2017.

Mr. Stebe seconded the motion and all members voted in favor.

PZC – BM – 2/13/17 - 9

TOWN OF MANCHESTER PLANNING AND ZONING COMMISSION – Zoning regulation

amendment regarding Outdoor Entertainment. - Zoning Regulation Amendment (2016-148)

Mr. Kidd stated that the only reason he voted against the motion to close the public hearing was

to get more clarity on the conditional approach to special exceptions. He stated that he is in

favor of this application.

MOTION: Mr. Kennedy moved to approve the Town of Manchester Planning and Zoning

Commission zoning regulation amendment 2016-148 regarding Outdoor

Entertainment with the following modifications:

1. Wherever it appears, the phrase “sound amplification equipment” will be replaced with

“sound amplification and light equipment;” and

2. Wherever it appears, the phrase “directs the sound away from abutting properties,” will

be replaced with “directs the sound and light away from abutting properties.”

Mr. Stebe suggested amending the motion to also replace the phrase “mitigate noise trespass”

with “mitigate noise and light trespass.”

AMENDED MOTION: Mr. Kennedy moved to approve the zoning regulation amendment

regarding Outdoor Entertainment with the following modifications:

1. Wherever it appears, the phrase “sound amplification equipment” will be replaced with

“sound amplification and light equipment;” and

2. Wherever it appears, the phrase “directs the sound away from abutting properties,” will

be replaced with “directs the sound and light away from abutting properties.”

3. Wherever it appears, the phrase “mitigate noise trespass” will be replaced with “mitigate

noise and light trespass.”

Mr. Stebe seconded the amended motion and all members voted in favor.

The reason for the approval is the proposed amendment is consistent with the Manchester 2020

Plan of Conservation and Development in that it supports community aspirations identified

therein, including but not limited to the desire to be a vibrant, thriving and energetic community,

and to provide the physical arrangement and design spaces that create community through

programs and spontaneous interaction. The Zoning Regulation Amendment will be effective on

March 1, 2017.

Mr. Stebe seconded the motion and all members voted in favor.

RECEIPT OF NEW APPLICATIONS

1. Hockanum Flats, LLC – Inland Wetlands Permit (2017-011); Special Exception

Modification (2017-012) – To construct a building addition for the Lynch Toyota body

PZC – BM – 2/13/17 - 10

shop, realign drainage, move catch basins, and modify the parking and driveway at 171

Tolland Turnpike.

2. Town of Manchester Planning & Zoning Commission – Zone Change (2017-010) –

Request a zone change from Form-Based Zone to Business II Zone and Design Overlay

Zone at 230 Middle Turnpike West.

ADMINISTRATIVE REPORTS

At the March 6 Commission meeting, there may be a review of the application for go-kart tracks

as well as an erosion and sediment control plan and wetlands permit application for the Center

Springs Park extension, Ms. Bertotti said.

At the March 20 Commission meeting, Ms. Bertotti will present a zone map amendment and

Lynch Toyota will present their building addition application.

The Chairman closed the business meeting at 10:55 PM.

____________________________ ______________________________

Date Eric Prause, Chairman

NOTICE: A DIGITAL RECORDING OF THIS BUSINESS MEETING CAN BE

HEARD IN THE PLANNING DEPARTMENT.


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