Planning Commission
MINUTES
Wednesday, May 5, 2010 at 7:30 p.m.
1st Floor Conference Room
Town Hall, 302 Main Street
I. CALL TO ORDER
Chairman, Robert McIntyre, called the regular meeting to order at 7:39 p.m.
II. ROLL CALL
Members Present
Robert McIntyre, Chairman
Janis Esty, Vice Chairman
Salvatore Aresco, Regular Member
Cathryn Flanagan, Alternate Member
Members Absent
Robert Missel, Regular Member
Richard Sullivan, Jr., Alternate Member
Cameron Evangelisti, Alternate Member
Donald Ranaudo, Regular Member
Staff Present
Joanne Rynecki, Recording Clerk
III. REGULAR BUSINESS
A. Minutes
MOTION to approve the minutes of April 7, 2010 as written; MADE by C. Flanagan; SECONDED by J. Esty; VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, C. Flanagan; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
B. Correspondence – material contained in packets
C. Committee, Representative & Staff Reports - none
IV. OLD BUSINESS
V. NEW BUSINESS
A. “Approval Toll” Petition to Amend the Zoning Regulations
Section 56 Open Space Subdivision
River Sound Development LLC Agent, David M. Royston, Esq.
ACTION: Review for consistency with Town Plans; report for 5/17/10 ZC p.h.
Attorney David Royston reviewed the history of the applications submitted by the Applicant, River Sound Development, LLC, which included: 1) creation of a Residence Conservation C District; 2) an amendment to the Open Space Subdivision Zoning Regulations; and 3) an application for a Special Exception for “The Preserve” Open Space Subdivision.
The Applicant submitted the application for Special Exception to this Commission in 2003; the Commission granted the Special Exception permit in March 2005; the Connecticut Fund for the Environment (CFE) appealed the Commission’s decision, and the court dismissed the appeal in 2008 – the original Special Exception permit is valid until June 2010. The Applicant proceeded to apply to the Inland Wetlands and Watercourses Commission for approval of regulated activities in 2005; that commission denied the application for regulated activities; the Applicant appealed the decision, and the court dismissed the appeal. The Applicant was then granted permission to appeal the decision to the Appellate Court, and the case was heard in January 2010 – the decision is pending.
Under the current regulations Special Exception permits are valid for 1 year with a 1 year extension. Attorney Royston is proposing language to amend the regulations to allow that period to be suspended (“tolled”) during the appeal process. He is proposing 5 years with a 5-year extension not to exceed 10 years in total.
Janis Esty feels that additional time for the appeal process is fundamentally fair, however she would like to hear from the town’s legal counsel, Mark Branse, before making a decision. Attorney Royston said that in his conversation with Attorney Branse they discussed an increase in the permit period from 1 year to 5 years, and Attorney Branse wanted a limit on extension terms, but the period was not specified.
MOTION to find the filing deadline to be suspended during the pendency of appeals is fundamentally fair and is not inconsistent with the Town Plan of Conservation & Development. MADE by R. McIntyre; SECONDED by C. Flanagan; VOTED IN FAVOR: R. McIntyre, J. Esty, C. Flanagan, S. Aresco; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
MOTION to send a favorable recommendation to the Zoning Commission for approval of the petition to amend the Zoning Regulations (based upon the Planning Commissions understanding that Attorney Branse confirms that the language of the Amendment, as revised 4/19/2010, is satisfactory) of a 10-year deadline from the date of the preliminary approval of the application for an Open Space Subdivision. MADE by R. McIntyre; SECONDED by J. Esty; VOTED IN FAVOR: R. McIntyre, J. Esty, C. Flanagan, S. Aresco; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
B. “Jacobi” Special Exception for Residence in Gateway Conservation Zone
8 Rivers Edge Rd. (M53/L32-6) Res. AA-3 Dist., Gateway Cons Zone, Coastal Mgmt Zone
Applicant: Chris Jacobi, Owner Agent: David Annino, L.S.
ACTION: Review for consistency with Town Plans; report for 6/7/10 ZC p.h.
Mr. Jacobi presented the plans to construct a freestanding 2-car garage on property adjacent to the Ragged Rock tidal marsh system. The Connecticut River Gateway Commission give a favorable recommendation to the project as it will be unseen from the river and marshes and will not significantly increase the visual bulk at the property.
The Commission has no objections to this special exception.
MOTION to send a favorable recommendation to the Zoning Commission that the project is not inconsistent with the Coastal Management Plan. MADE by R. McIntyre; SECONDED by J. Esty; VOTED IN FAVOR: R. McIntyre, J. Esty, C. Flanagan, S. Aresco; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
VII. ADJOURNMENT
MOTION to adjourn the meeting at 8:59 p.m. until the next Regularly Scheduled Meeting of the Planning Commission scheduled for Wednesday, May 19, 2010, in the 1st Floor Conference Room, Town Hall, 302 Main Street.; MADE by S. Aresco; SECONDED by C. Flanagan; VOTED IN FAVOR: R. McIntyre, J. Esty, S. Aresco, C. Flanagan; OPPOSED: none; ABSTAINED: none; APPROVED: 4-0-0.
Respectfully Submitted,
Joanne Rynecki, Recording Clerk
| 
