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04-23-08 Joint Meeting Minutes
SPECIAL JOINT MEETING MINUTES
PLANNING AND ZONING COMMISSION
AND TOWN COUNCIL
APRIL 23, 2008


A Special Joint Meeting of the EAST HARTFORD PLANNING AND ZONING COMMISSION and the TOWN COUNCIL was held in the Second Floor Conference Room, 740 Main Street, East Hartford, Connecticut on April 23, 2008.

CALL TO ORDER

The meeting was called to order at 6:38 p.m.

ROLL CALL

Present:

Anthony F. Kayser; Chairman;
Elaine Carey; Vice-Chairman;
John Grottole;
Paul J. Roczynski;
Thomas Fitzgerald;
John Ryan;
Peter Bonzani (Alternate)
Mary Whaples (Alternate)

Absent:

Kathleen Salemi; Secretary;
Travis Simpson (Alternate)

Also Present:

Town Council Members:
        Richard Kehoe, Chairman
        William Horan, Vice Chairman
        Marcia LeClerc
        Donald Pitkin
        Patricia Harmon
        Eric Thompson
        Marc Weinberg (arrived 6:40 p.m.)
        Jason Rojas
        Barbara-Ann Rossi
Michael Dayton, Town Planner
Jeanne Webb, Development Director
Phil Michalowski, Harrall-Michalowski Associates
        
* * *
PRESENTATION

The Town Planner informed the Town Council on the status of the Town Planning and Zoning Commission’s efforts in regulating sexually-oriented businesses. He discussed efforts of mitigating secondary effects through zoning. He distributed copies of crime reports and a newspaper article which was published on March 31, 2008 regarding assaults associated with an existing sexually-oriented business. He also discussed studies of secondary effects which were distributed prior to the meeting to all Town Council Members.

Mr. Phillip Michalowski of Harrall-Michalowski Associates, Inc. gave a presentation regarding recommendations with respect to changes to the Town’s Zoning Regulations and Code of Ordinances as they apply to sexually-oriented businesses and related issues.  The presentation included the following:

·       Secondary effects associated with sexually oriented businesses (review of case law, national studies concerning secondary effects and local incidents)
·       The extent to which zoning regulations may regulate sexually oriented businesses while protecting First Amendment rights
·       The extent to which municipal ordinances may regulate sexually oriented businesses through licensing or other means while protecting First Amendment rights
·       Recommended changes to the Town’s Zoning Regulations, which consists of Zoning Text Amendments to include two new zones:  Business III A (B-3A) and Industrial III A (I-3A); and re-zoning a portion of the “North Meadows Area” Business III (B-3) to Business III A (B-3A), and a portion of “Prestige Park” Industrial III (I-3) to Industrial III A (I-3A)  
·       Possible ways the Town Council might regulate sexually-oriented businesses through licensing or other means

Town Council Chairman Richard Kehoe informed the Planning and Zoning Commission that the Council has referred the review of existing adult entertainment ordinances to the Ordinance Committee and are awaiting their recommendations.

The Town Council requested more recent studies of sexually-oriented businesses around the country, and also a calculation of what percentage of the Town’s area would be zoned for sexually-oriented business.

The Planning and Zoning Commission informed the Town Council that a Special Public Hearing has been scheduled for April 30, 2008 at 7:00 p.m. in the Town Council Chambers on the Text Amendment Application and Zone Change Application.

The Town Council adjourned the joint meeting at 7:28 p.m.

Chairman Kayser called the Planning and Zoning Commission to order at 7:30 p.m.

MISCELLANEOUS

·       2008 Road Improvement Project – request to add Mercer Avenue to list of streets previously approved for resurfacing  

Upon a motion by John Ryan, seconded by Thomas Fitzgerald, the Commission Voted (6-0) to Approve the addition of Mercer Avenue to the 2008 Road Improvement Project.


ADJOURNMENT

The meeting was adjourned at 7:35 p.m.

Respectfully submitted,



Mary-Ellen Comarotti, Clerk
Town Planning & Zoning Commission