Town of Goshen
Planning and Zoning Commission
Special Meeting Minutes for September 30, 2008 @7:30 PM
Goshen Town Hall Conference Room, 42 North Street
CALL TO ORDER: Present - Mark Fraher (Chairman), Stephen Cooney, Lu-Ann Zbinden, Don Wilkes, Peter Kaufman, Fred Zuck, Lyle Sommers, Martin Connor, AICP, Town Planner/ZEO
1. PUBLIC HEARING:
a. Optiwind, Special Permit Application to erect wind turbine to farm wind energy, Woodridge Lake Sewer District property, 113 Brush Hill Road.
Public hearing was opened at 7:31
Legal notice was read into the record. Green cards were submitted by applicant
Present for the applicant was Dave Hurwitt, Russ Marvin, Ted Chadwick and Bret Slycher. Dave Hurwitt gave a presentation to the Commission he stated that he believes he met or exceeded all of the requirements in the regulations based on the letters submitted by Martin Connor, Town Planner, and Rich Calkins, Town Engineer. The visibility and balloon test was done on September 13-15 and pictures of the six locations chosen by the Commission were shown. Letter of approval by Torrington Area Health District was submitted. Mr. Hurwitt gave examples of how he feels this wind turbine can have a positive effect on the environment and the community. The wind mill will be approximately 40’ X 90’ and sit on a tripod that is approximately 22’ per side. The color
will be light gray to minimize visibility the structure is designed to have minimal impacts on radio communications. Mr. Chadwick stated that he had two meetings with Barry Hall, Fire Chief, and that Mr. Hall stated if he had any concerns he would write a letter to Mr. Chadwick. Mr. Chadwick has not received any letter therefore believes that Mr. Hall is in approval of the plan.
Public comment
IN FAVOR- Three members of the public spoke in favor of this applications Bob Mosca, Eric Warwo, and Keith Marcheski.
OPPOSED – Several members of the public spoke in opposition of this application, Fran Goodhouse, Tom Mudrey, Susane Stansick, Elaine Frost, James Upton, George Schuster, Bill Gregware, Heidi Conig, June Greenwood, Leo Mayo, and Brian Rose. Letters, Petitions, pictures, and diagrams were submitted to the record.
Public Hearing was closed at 9:32PM
Peter Kaufman recused himself at 9:34
b. Action Wildlife, Proposed Amendment to Zoning Regulations, Section 630 – Signs, to allow a free standing sign for museums
Public Hearing was opened at 9:34
Legal Notice was read into the record
Mr. Connor stated that when the regulations were adopted to allow for Museums the signage was not taken into consideration. This application is requesting that Museums be allowed to have up to a 85 square foot sign. This regulation would apply only to museums and would allow for 1 sign per museum. The Commission had no further questions. No comments from the public
Planning and Zoning Commission
Special Meeting September 30, 2008
Page 2
Public Hearing closed at 9:36
Peter Kaufman returned at 9:37
c. Anton Kimball, Tywood Associates, LLC, 61 Sharon Turnpike, Special Permit for business use expansion in a residential zone, expand parking lot.
Public Hearing opened at 9:37
Legal Notice read into the record
Kenneth Hrica, Hrica Associates, was present to discuss plans with the Commission. Mr., Hrica explained that they are modifying the parking lot and will gain a few more parking spaces. They will pave and stripe the lot to determine where the parking will be. The increase in parking area will be 6.5%. They are adding an interconnect for future use of Torrington Savings Bank which will reduce the curb cut to the east side by 100-110 feet allowing grass to be planted. They will repair the drainage to solve some to the water problems that exist. Mr. Connor stated that the applicant had submitted revised plans which met all the comments from the Town Engineer. Before any work begins they will need to get Dot Encroachment permits and a driveway permit from the
Town of Goshen. Torrington Area Health District approval was received. The Commission had no further questions. No comments from the public
Public Hearing Closed at 9:50
d. Leon Anstett, 178 East Street North, Special Permit for business use expansion in a residential zone, construct lumber shed, 50’ x 20’.
Public Hearing Opened at 9:50
Legal Notice read into the record
They are expanding there pre-existing non-conforming use by 27.5% by adding a shed to store lumber The Commission reviewed the Plans and had no further questions. No comments from the public
Public Hearing closed at 9:53PM
2. READING OF THE MINUTES: The Commission member received the August 26, 2008 meeting minutes prior to the meeting for review
IN A MOTION made by Ms. Zbinden seconded by Mr. Cooney it was voted to approve the meeting minutes for August 26, 2008 as amended. Vote Unanimous
Page 1 item 4b ii should read “Goodhouse”
3. OLD BUSINESS:
a. Optiwind, Special Permit Application to erect wind turbine to farm wind energy, Woodridge Lake Sewer District property, 113 Brush Hill Road.
IN A MOTION made by Ms. Zbinden seconded by Mr. Kaufman it was voted to TABLE the application for Optiwind, Special Permit Application to erect wind Turbine to farm wind energy, Woodridge Lake Sewer District Property, 113 Brush Hill Road. Vote Unanimous
Planning and Zoning Commission
Special Meeting September 30, 2008
Page 3
Peter Kaufman recused himself at 10:00
b. Action Wildlife, Proposed Amendment to Zoning Regulations, Section 630 – Signs, to allow a free standing sign for museums.
IN A MOTION made by Ms. Zbinden seconded by Mr. Cooney it was voted to APPROVE the application for Action Wildlife, Proposed Amendment to Zoning Regulation, Section 630- Signs to allow a free standing sign for museums. This regulation is to be effective the day after date of publication Vote Unanimous
c. Anton Kimball, Tywood Associates, LLC, 61 Sharon Turnpike, Special Permit for business use expansion in a residential zone, expand parking lot.
IN A MOTION made by Mr. Wilkes seconded by Ms. Zbinden it was voted to APPROVE the application for Anton Kimball, Tywood Associates, LLC, 61 Sharon Turnpike, Special Permit for business use expansion in a residential zone, expand parking lot with the condition that a driveway Permit be obtained from the Town of Goshen Highway Supervisor. Vote Unanimous
d. Leon Anstett, 178 East Street North, Special Permit for business use expansion in a residential zone, construct lumber shed, 50’ x 20’.
IN A MOTION made by Mr. Kaufman seconded by Mr. Wilkes it was voted to APPROVE the application for Leon Anstett, 178 East Street North, Special Permit for business use expansion in a residential zone, construct lumber shed, 50’X20’. Vote Unanimous
e. Discuss amendments to the Zoning Regulations.
IN A MOTION made by Ms. Zbinden seconded by Mr. Kaufman it was voted to TABLE until October 28, 2008. Vote Unanimous.
4. NEW BUSINESS
5. ZEO’S REPORT: The Commission received and reviewed the Zoning Enforcement Officer’s Report. Mr. Connor stated that Bob Valentine, First Selectman, had conversation with Mike Zizka, Land Use Attorney, in regards to conflict of interest among the Commission members and himself in regards to the Optiwind, Wind Turbine application. Mr. Zizka stated that no Commission member or Mr. Connor should recuse themselves because it would be “De Minimus” at best.
IN A MOTION made by Mr. Kaufman seconded by Ms. Zbinden it was voted to accept the ZEO’S report. Vote Unanimous.
6. CORRESPONDENCE: LHCEO – CCM – Town Hall University, Annual Report Due, DEP Approve level A Aquifer protection mapping, e-mail from Chris Craig notice of seminar “Transfer of Development Rights” on Nov. 29, 2008, e-mail from Regional Planning Collaborative to let them know what we have been working on.
7. ADJOURNMENT
Planning and Zoning Commission
Special Meeting September 30, 2008
Page 4
IN A MOTION made by Ms. Zbinden seconded by Mr. Cooney it was voted to adjourn the meeting at 10:20. Vote Unanimous.
Respectfully Submitted
Rista Holda
Land Use Commission Clerk
MEMORANDUM
TO: Goshen Planning and Zoning Commission
FROM: Martin J. Connor, AICP, Town Planner/ZEO
SUBJECT: Activity Report, August 27 – September 30, 2008
DATE: September 30, 2008
Issued Zoning Permit # 51-08 to Craig Robillard, 365 Beach Street, relocate deck and add roof over deck.
Issued Zoning Permit # 52-08 to Michael Carbone for Hank Schmitz, 218 East Hyerdale Drive, construct deck.
Issued Zoning Permit # 53-08 to Garfield Builders for George Fraise, 345 West Hyerdale Drive, construct deck addition.
Issued Zoning Permit # 54-08 to Action Wildlife Foundation Inc, 337 Torrington Road, construct shed.
Issued Zoning Permit # 55-08 to Bill Skoczylas for Ron Humer, 79 Canterbury Court, replace screen porch with deck addition.
Issued Zoning Permit # 56-08 to Chris Marino, 425 Old Middle Street, 425 Old Middle Street, construct barn addition.
Issued Zoning Permit # 57-08 to Amy Tobin, 16 North Street, post open flag for home occupation.
Issued Zoning Permit # 58-08 to United Construction and Engineering for Ivy Mountain Farm, LLC, construct garage.
Ted Chadwick, Optiwind, 113 Brush Hill Road, construct wind turbine: Met with applicant and discussed proposed special permit/site plan application. Reviewed application and plans asked for additional information. Made site visit. Wrote memo for Commission. Discussed plans with Consulting Town Engineer Richard Calkins, P.E. and reviewed his memo. Observed balloon test. Reviewed response memo from applicant. Discussed application with project engineer. Spoke with 1st Selectman regarding allegation regarding my recusal from reviewing the application because of conflict of interest allegation (my house within the Woodridge Lake Sewer District.) Mr. Valentine spoke with Attorney Mike Zizka who indicated I should continue advising the Commission as this alleged
conflict is “de minimis.” Also any Commission members should not recuse themselves either.
Action Wildlife Foundation Inc, proposed amendment to Zoning Regulations to allow free standing signs for museums: When Zoning Regulations were amended to allow museums by special permit, no provision was made for signage for museums. As a not-for-profit organization they are currently limited to 25 sq ft of signage. They are requesting that the regulations be revised to allow a free standing sign up to 85 sq ft for museums. I recommend that the Commission approve the application.
Anton Kimball, Tywood Associates LLC, 61 Sharon Turnpike, Special Permit for business use expansion in a residential zone, expand parking lot: Met with applicant and project engineer regarding application. Made site visit to property and met again with applicant. Reviewed application and plans. Requested engineer add additional information on plans. Reviewed revised plans that address my comments and consulting Town Engineer. Proposed paving – parking lot improvements represent a 6.41% increase of existing parking lot. TAHD Approval has been submitted. Recommend Commission approve the application with the condition that a driveway permit be obtained from the Town Highway Supervisor.
Leon Anstett, 178 East Street North, Special Permit for business use expansion in a residential zone, construct lumber shed: Met with applicant and project engineer regarding application. Made site visit to property and met again with applicant. Reviewed application and plans. Applicant has provided a sketch plan which the Commission will have to determine is sufficient as opposed to full site plan. New accessory building represents 27.5% expansion of current building on site. I recommend that the Commission approve the application.
Michael Leonard, 22 School Hill Road, Garage/Barn expansion, no zoning permit: Stop work order issued by Building Official 9/11/07. Zoning enforcement letter sent 10/26/07. ZBA variance request was filed by applicant. On 1/2/08, applicant thru his attorney withdrew the variance request and agreed to develop a plan that would reduce the size of the structure to substantially conform to the size and dimensions of the original structure. Applicant was to hire a civil engineer to prepare plan. Wrote follow-up letter 3/11/08 requesting status report. Applicant’s attorney called to say they would be providing a status report as requested and will most likely take down the expanded area of the structure under construction. Received update letter from attorney dated 4/14/08. CCA,
LLC, prepared a survey of the current structure. Met again with applicant’s attorney regarding this survey. Recommended the addition partially constructed be removed. Mr. Leonard wrote letter agreeing to removing the partially constructed addition. Wrote letter back to Mr. Leonard indicating once the partially constructed addition was removed and existing building sided and completed, the enforcement action would be ended. Dismantling is underway.
Wrote enforcement letter to Laura J. & Glenn H. Smith, 3885 Hall Meadow Road, junk vehicles. Mr. Smith called in response and indicated he was in the process of removing the junk vehicles. Some of the junk and vehicles have been removed. Mr. Smith called to ask for more time. More junk has been removed.
Wrote enforcement letter to Gordon Geiger, 58 Tyler Lake Heights, for barn addition started with no permits. Mr. Geiger is claiming that he is merely repairing barn. Evidence from Tax Assessor’s card indicated an expansion of non-conforming building. Asked him to stop work. Building Official also asked Mr. Geiger to stop work.
Met with Attorney Chip Roraback, Bank President Torrington Savings Bank, Jeff Lalonde regarding Zone Change for property on Sharon Turnpike. Also met with property owner Tony Kimball. Discussed proposed new bank building with Gil Roberts, TAHD.
Proposed Zoning Amendment, new Section 380 – Access Driveways to serve subdivisions in other towns. Gave copy of proposed amendment to 1st Selectman Bob Valentine.
Proposed Zoning Amendment to Section 270.3 Rear Lots Served by Common Driveway. Made changes to proposed regulation discussed at 6/24/08 meeting.
Signed food Service License application for James Mazzarelli, Action Wildlife Foundation Snack Shop in new museum building.
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