MEMBERS PRESENT: Walter Mealy, Louise Evans, Marshall Montana, Kevin McCann, Tim Wentzell, Sue Larsen, Patricia Porter
ALTERNATES PRESENT: Roger Cottle, Patrick Kennedy
STAFF PRESENT: Marcia Banach, Director of Planning
Public Hearing
Chairman Mealy called the meeting to order at 7:30 p.m. Commissioner Evans read the Legal Notice as published in the Journal Inquirer. Cottle sat until Porter’s arrival at 7:05.
Appl 01-29P, McClellan, two year temporary and conditional permit for structure to house goats, 85 Foster Rd., RR zone (continued from 7/24/01)
Megan McClellan was present and explained to the commission that she would like to bring a goat that she is now boarding in Ellington, to her home. The goat will need housing hence the temporary and conditional permit. Ms. McClellan is a member of the 4-H Club, and raising the goat is a project she will be working on for the next seven years.
Larsen asked clarification from Ms. McClellan that she is indeed a member of the 4-H Club, if she would be raising the goat for the next seven years as a 4-H project and if an adult from the club will be overseeing the project. Meegan replied yes to all her questions.
The public hearing was closed on this application.
SPECIAL MEETING:
The special meeting was opened at 7:10 p.m. There was no public participation.
Appl 01-29P, McClellan, two year temporary and conditional permit for structure to house goats, 85 Foster Rd., RR zone
Wentzell motioned to approve the application. He noted the application does not meet the set back requirements in the zoning regulations, but it is only for two years, and the application does meet the intent of our regulations. Larsen seconded. A discussion ensued on whether this application meets zoning requirements or not.
Mealy cautioned the commission to stay within the regulations and stated that this application does not meet the setback regulations. Kennedy noted that if the McClellan’s neighbors have no problem with the application we should allow it. McCann stated that we don’t have a definition of what a farm animal is and that this goat is being kept for educational purposes not for farming purposes.
Mealy noted that the McClellan’s neighbors could change at any time and new neighbors might not be in agreement with the application. He again stressed that the commission should stay within the regulations.
Evans noted that this application reminded her of when ZBA was granting temporary and conditional applications that were not within the requirements of the zoning regulations. She also noted that the Commission itself had made a previous determination that animals traditionally housed outside must conform to the animal shelter regulations.
McCann disagreed with Mealy’s statement that this application is outside of our regulations. He stated that a farm animal is determined by its use and our regulations do not apply here. Cottle suggested we approve the temporary and conditional permit for a shorter time frame to give Ms. McClellan time to find an alternative home for the goat.
The motion passed, and the vote was 5-2. Porter, Larsen, Montana, Wentzell, McCann, aye; Mealy, Evans, nay.
2. Appl 01-22P, Petersen’s Hardware, site plan modification for outdoor storage, 850 Sullivan Avenue, GC zone (Action by 8/16)
Kevin Minguy, owner of Petersen’s Hardware, was in attendance. Mr. Minguy is applying for a permit for outdoor storage of mulch.
Banach reviewed her report.
1. Request for site plan modification to allow outside storage of mulch without screening at 850 Sullivan Avenue, GC zone. Section 3.15, Commercial and Industrial Storage, prohibits storage, display, dumping or disposal of any material outside of a building if such storage, display, dumping or disposal is visible from any public way, street, or passage. The regulation requires that such storage be subject to approval by the Commission to insure that the character of the area is not destroyed.
The mulch storage area is in the front parking lot. When Petersen’s Hardware was originally approved, the parking requirements were greater than they are now. Under the current parking requirements, the 5000 square-foot store requires 25 parking spaces. It appears that with the mulch piles there are 18-20 spaces available (some of the rear parking spaces shown on the plan are used for storage).
The Commission should be aware that the drainage from the mulch piles could affect the applicant’s underground detention basin. The site drains into the underground basin, which is located between the parking lot and Sullivan Avenue. The storage area in the underground basin is simply spaces between stones. The runoff carries the surface materials into the stones in the basin, thus adding debris to the detention basin that clogs up space meant for water storage.
If this application is approved, the Planning Dept. requests that the mulch piles are screened from Sullivan Avenue in accordance with the zoning regulations.
The Special Meeting recessed at 7:25 p.m.
Public Hearing - Council Chambers
Chairman Mealy opened the public hearing at 7:30 p.m. Evans read the notice regarding the continuation of Appl 01-26P to August 14, 2001 at 7:30 p.m.
1. Appl 01-26P, Evergreen Walk at Buckland Hills, General Plan of Development (Phase I), to construct approximately 375,000 sq. ft. of retail; 650,000 sq. ft. of offices; 75,000 sq. ft. of indoor recreation; and a 250-room hotel on approximately 232 acres of land on the westerly side of Buckland road, southerly side of Deming Street and northerly of Smith Street, GD zone
“Application No. 01-26P, Evergreen Walk
The public hearing scheduled tonight regarding the application of Evergreen Walk LLC, Application No. 01-26P, is being rescheduled to Tuesday, August 14, 2001 at 7:30 here in the Council Chambers. The public hearing is being rescheduled because of miscommunication regarding the posting of the “application pending” signs on the property. We regret any inconvenience this may cause to any of you, and we look forward to seeing you next week.”
The public hearing was closed at 7:35 p.m.
SPECIAL MEETING
The Special Meeting resumed at 7:40 p.m., and the commission resumed its discussion of Appl 01-22P, Petersen’s Hardware. It was noted that the material being stored is landscape mulch, which is used by people to decorate their landscaping, and thus questioned why it needs to be screened. Banach indicated that the zoning regulations define both outdoor storage and screening, and that this material meets the definition of outdoor storage. Banach reminded the commission that they do not have the ability to break their own regulations, only ZBA has that power.
Porter suggested that Mr. Minguy plant trees in front of the mulch for screening purposes. A discussion ensued on whether planting trees would cause a sight line problem. Mr. Minguy agreed to plant trees if that is what the commission would like.
McCann noted that the GC zone permits outdoor storage of building materials that are for sale. Banach noted that the storage of the mulch isn’t the issue, rather, it’s the screening of the outdoor storage that is the issue; and that all building materials stored outside must also be screened.
Evans suggested that Mr. Minguy apply for a variance from the ZBA to store the mulch.
McCann asked Mr. Minguy how long he had been selling the mulch, have any customers or surrounding business ever complained? Mr. Minguy replied five years and no. A question was raised about why Mr. Minguy was now being required to address this issue. Banach responded that a complaint last year (summer 2000) had prompted the Zoning Enforcement Officer to inform Mr. Minguy that he could continue the outdoor storage for the remainder of the 2000 season but that he needed to address the screening issue prior to the next year’s (spring 2001) season.
McCann also noted that making a left-hand turn out of the Petersen drive is very dangerous and any trees planted should be far enough away from the road not to cause a sight line problem.
Wentzell suggested that Mr. Minguy prepare a landscaping plan and return back before the PZC.
Motion to require the applicant to come back in with a proposed landscaping plan was made by Commissioner Wentzell and seconded by Commissioner Porter. The motion passed, and the vote was unanimous.
The commission also asked that the applicant supply the Commission with pictures of the existing situation. The town engineer will also need to review and approve the plan.
ITEM: Adjournment
Motion to adjourn the meeting at 7:55 p.m. was made by Commissioner Montana and
seconded by Commissioner Porter. The motion passed, and the vote was unanimous.
Respectfully submitted,
Deborah L. Favreau
Recording Secretary
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