Windsor Planning and Zoning Commission Meeting Summary - September 11, 2024

On September 11, 2024, the Windsor (Connecticut) Planning and Zoning Commission held a hybrid regular meeting in person and via Zoom. It considered a Plan of Conservation and Development (POCD) amendment, several special-use applications and reapprovals, a CGS 8-24 lease recommendation for the historic Stony Hill School, and a proposed indoor pickleball facility whose public hearing was continued to October. No agenda or minutes were supplied with the transcript; the legal notice quoted in the transcript lists September 10, 2024, while the supplied meeting date is September 11, 2024. Unless otherwise noted, recorded votes were 5-0.

Consent Calendar

• The commission welcomed new member Dominic DeCarlo and new alternate Sophia Teta; staff introductions included new Assistant Town Planner Mitchell Vye.
• There were no public communications/petitions, no commission communications, and no zoning enforcement officer report.
• The draft minutes of the July 9, 2024 regular meeting were approved as corrected, 5-0.
• The draft minutes of the July 30, 2024 special meeting were approved as corrected, 5-0.
• The planner reported two administrative 3.9 site-plan revisions: 775 Marshall Phelps Road (warehouse; I Zone; 28.36 acres; Industrial Six Enterprises LLC) and 1215 Kennedy Road (delivery doors; I Zone; 129.23 acres; AECOM).

Public Comments & Testimony

• 114 Upper Broad Street POCD amendment: David Morad of 45 Prospect Street submitted a written statement in full support, calling the small parcel addition an opportunity to improve housing diversity and transit-oriented development in Windsor Center. No one spoke in person or online.
• 564 Park Avenue: No public comments were offered.
• 1195 Windsor Avenue: No public comments were offered.
• 234 Rainbow Road: No public comments were offered.
• 851 Marshall Phelps Road: Shannon King of 14 Olga Avenue supported the application, saying she is the real estate agent and praising the applicant's search for a suitable Windsor location. Another resident, Ernest Robinson, supported the center, citing an easier school commute. Robert Manino's attorney and Robert Manino, owner of Building Blocks at 842 Marshall Phelps Road, opposed the application, arguing the public-need test was not met; Manino cited Office of Early Childhood data showing Windsor authorized capacity of 1,392 child-care slots with 693 enrolled and 699 available openings, his own center's licensed capacity of 111 (expandable to 125) never reached, declining enrollment since 2015, roughly 57% vacancy in the Day Hill Road area, and no waitlists at several local centers. Napoleon Tatrill, owner/landlord of 851 Marshall Phelps Road, supported the application, arguing that state data include home-based daycares and that competition improves quality. No online speakers were noted.
• 20 Day Hill Road: Hudson Lane residents asked questions and voiced concerns during the public hearing: Lynn Carey (11 Hudson Lane) asked about occupancy, ADA access, hours, beer/wine and entertainment, rear lighting, dumpster/trash service, and wildlife/wetland impacts; Tom Delpha (21 Hudson Lane) asked about building height, tree-buffer retention, and alcohol type; a resident of 41 Hudson Lane asked about retention ponds; Peter Lang (63 Hudson Lane) raised noise, patio hours, alcohol, and possible future outdoor courts; and Pat Dressler (17 Hudson Lane) asked where the patio would be located. No online speakers were noted.

Discussion Items

• Planning staff report: The town planner reported that consultant interviews were underway for the POCD update and the Day Hill Road corridor plan, with onboarding targeted by early October and POCD adoption anticipated by October 2025. Wilson Park playground installation had occurred; Bowfield Green had encountered a high water table setback, but footing foundations were expected to move forward soon.
• CGS 8-24 lease recommendation - Stony Hill School (1195 Windsor Avenue): Town staff presented a proposal to review a lease of the historic Stony Hill School to Lucinda's House, a local nonprofit led by Lucinda Canty that provides prenatal and postnatal education and support. The prior lessees, Andrew and Jermika Cost, chose not to renew a lease that expired July 31, 2024. Staff noted POCD Chapter 6 encourages active use of historic buildings. The commission praised the building's preservation and voted to recommend approval as consistent with the POCD.
• POCD amendment - 114 Upper Broad Street (R-10 zone, 0.21 acres): Greg Vaca of Brava Properties, developer of Founder Square, said his firm had acquired 114 Upper Broad Street and requested adding it to the Windsor Center Design District map in the POCD. The parcel is inside the Windsor Center Village Center boundary, is the only property with vehicle access to Upper Broad Street, and lies between Founder Square and another multifamily development. The change would allow better site circulation, two-bedroom units, and an elevator in the next phase. Staff noted the Town Council recommended the amendment 8-1-0 after an August 5 public hearing; CRCOG referral Z2024-60 found no regional conflict. A future Windsor Center Design District concept/detailed plan application would be needed before development changes. Approved 5-0.
• Special-use reapproval - 564 Park Avenue (AG zone, 0.7 acres): A representative of the Sikh Gurdwara requested renewal for more than five years, describing the temple's youth-education and anti-drug mission and its May Vaisakhi celebration. Earlier property-maintenance and parking issues were resolved, and no complaints were reported. Town staff confirmed inspections showed no ongoing zoning violations. The commission decided to grant five years rather than ten, noting the congregation could return for a longer renewal if no problems arise. Approved 5-0.
• Special use - 1195 Windsor Avenue (NZ zone, 0.23 acres): Lucinda Canty described her nonprofit's maternal-health-equity work, including health education, individual consultations, and a new pregnancy-loss support group. She said the building would be used by appointment only, with no structural modifications, no later than 7 p.m. (including cleanup), limited Saturday hours, and closed Sundays. Staff recounted the schoolhouse's history: donated in 1899, used as a classroom until 1969, listed on the National Register in the late 1980s, and authorized by state approval for educational, instructional, arts/cultural, and historical-exhibit purposes. Approved 5-0.
• Special use - 234 Rainbow Road (R-11 zone, 0.70 acres): Tim Plose requested a special use to increase an accessory building to 940 sq ft from the by-right 580 sq ft, building a four-bay garage for a five-unit rental property he owns at 234 Rainbow Road. Staff noted the special use could allow height up to 18 ft instead of 15; engineering and health comments require a B100 septic review and Class D survey; the fire marshal had no comment, and fire-safety details would be reviewed through building permits. Approved 5-0 subject to staff sign-off on outstanding items.
• Special use - 851 Marshall Phelps Road (I zone, 2.43 acres): Leah Fleeting, owner/director of Creative Hearts Learning Academy, proposed changing 851 Marshall Phelps Road from medical office to a child-care center serving children aged six weeks to 12 years, and said she is purchasing the property. She cited her waitlist, including Windsor families, and said the center accepts Care 4 Kids and is school-readiness accredited. Staff said prior zoning, wetland, and junk-vehicle violations in the rear lot - unrelated to the applicant - had been resolved, with soil tests clean. Opponents disputed need based on capacity data; the town planner said capacity is not a direct proxy for need and cited the state's goal to expand child-care access. The commission supported approval, noting the applicant's investment in purchasing the building; it imposed a one-year special-use term and required staff sign-off on outstanding items. Approved 5-0.
• Special use and site plan - 20 Day Hill Road (RC zone, 5 acres): The applicant proposed a 16,000 sq ft, two-story indoor pickleball/recreational facility with 13 courts, 69 parking spaces, and access via the adjacent Marriott's shared drive. The Inland Wetlands and Watercourses Commission continued the wetlands application to October 1, and the PZC could not act before that decision, so the public hearing was opened for comment and recessed to October. The applicant said a third-party traffic study found no adverse impact, with 55 vehicle trips in the worst peak hour; proposed hours are 6 a.m. to 11 p.m.; occupancy would be about 50-60 people; beer and wine would be served on site and on the patio; no outdoor pickleball courts are planned; a sound study found compliance with the noise ordinance; and light trespass would be zero at the property line. Staff raised unresolved issues, including review of the sound study, final architectural materials, signage, EV charging, and a potential conflict between zoning sections on parking setbacks in the RC zone. The commission recessed the hearing without acting.
• Home-based Federal Firearms License (FFL) policy discussion: Staff reported on an informal July request to operate a home-based FFL transfer business and noted Windsor currently has two commercial FFLs and one residential FFL. The commission discussed whether transfers could be limited to people the applicant trains, with several members skeptical that ATF rules allow such a restriction and noting transfers are difficult to track. Staff agreed to consult the police chief and ATF and bring the issue back at the next meeting.

Key Outcomes

• Recommended approval of the Stony Hill School lease to Lucinda's House as consistent with the POCD (CGS 8-24 review).
• Approved the July 9 regular-meeting minutes and July 30 special-meeting minutes, each 5-0.
• Approved the POCD amendment adding 114 Upper Broad Street to the Windsor Center Design District map, 5-0.
• Approved the 564 Park Avenue special-use reapproval for five years, 5-0.
• Approved the 1195 Windsor Avenue special use for Lucinda's House, 5-0.
• Approved the 234 Rainbow Road special use subject to staff sign-off on the B100 septic review and Class D survey, 5-0.
• Approved the 851 Marshall Phelps Road special use for one year, pending staff sign-off on outstanding issues, 5-0.
• Recessed the 20 Day Hill Road public hearing to the October meeting; no decision on the merits, and the Inland Wetlands and Watercourses Commission decision is pending.
• Postponed the special-use reapproval for 60 Ezra Silver Lane until October.
• Deferred the home-based FFL policy issue to the next meeting; staff will research ATF rules and follow up with the police chief.
• The next regular meeting is scheduled for the second Tuesday of October.