MEMBERS PRESENT: Timothy Wentzell, Kevin McCann, Sue Larsen, Patrick Kennedy, Suzanne Choate, Bart Pacekonis, and Cliff Slicer
ALTERNATES PRESENT: Gary Bazzano
STAFF PRESENT: Marcia Banach, Director of Planning
Jeff Doolittle, Town Engineer
REGULAR MEETING – MADDEN ROOM – 700 p.m.
Chairman Wentzell called the regular meeting to order at 7:00 p.m.
Executive Session to discuss pending claims and litigation – Kerin & Kerin (Appl 03-17P, Old Post Office Site)
Motion to go into Executive Session at 7:03 p.m. was made by Commissioner McCann.
Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
Motion to go out of Executive Session at 7:25 p.m. was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried and the vote was unanimous
Motion that Town Attorney Barry D. Guliano be authorized to execute the Stipulation settling the zoning appeal titled Kerin & Kerin, LLC v. South Windsor Planning and Zoning Commission, Docket Number CV-03-0826906-S, pending in Connecticut Superior Court for the Judicial District of Hartford at Hartford as attached hereto in Exhibit A as amended was made by Commissioner Kennedy. Seconded by Commissioner Choate. The motion carried and the vote was unanimous.
PUBLIC HEARING – COUNCIL CHAMBERS 7:30 p.m.
Chairman Wentzell opened the public hearing at 7:30 p.m. Commissioner Larsen read the legal notice as published in the Journal Inquirer
Appl 03-83P, Berry Patch II, Metro Realty Group and South Windsor Housing Authority request for special exception to Article 4.1.11 and 7.1.2.4 and site plan approval for an additional 94 units and a waiver to allow up to 196 units for properties located on the easterly side of Buckland Road, southerly side of Oakland Road, and northerly of Deming Street, AA-30 zone, Buckland Gateway Development zone, and Floodplain zone (Continued from 12/9/03)
Attorney Lou Wise, representing Metro Realty Group, Inc. indicated the following:
Received IWA/CC approval on December 17, 2003.
Deeding to the town 14 ft strip of land along Buckland Road for possible town right of way
Changes have been made to the Declaration of Restrictive Covenants that limits the use of the property to an elderly housing development and restricts the occupancy of units to persons who are 62 years and older.
Addressed Commissioner concerns relating to Paragraph 2 (maintenance) and Paragraph 4 (enforcement).
Easement granted from the Village of Buckland Court to access Buckland Road for emergency use only.
Charles Nyberg, Associated Architects, P.C., described the changes to the club house as follows:
Evaluated the clubhouse and increased the size to 2, 400 square feet. A covered wrap-around porch on the exterior of the clubhouse brings the total foot print area to 4,000 square feet.
Sean Hagearty, R.F. Hagearty & Associates, Inc., submitted a handout (available in the file) to the Commission to address concerns raised at the previous public hearing regarding the following:
Demographic Impact Analysis
Tax Revenue Analysis
Christine Nassau, Metro Realty Group, Inc, gave an update on the application process regarding Berry Farm.
Peter DeMallie, Design Professionals, Inc., indicated the applicant had several meetings with the residents of Grandview Terrace and Sele Drive to discuss their concerns:
Property values
Visibility of Berry Patch II
Remaining 3 acres of Calvary Church Property west of Grandview Terrace and what would be developed on that parcel
Adequate landscaping
DeMallie indicated Metro Realty Group purchased the remaining three acres of residentially-zoned property owned by the Calvary Church and has submitted an application to the Planning Department proposing a three lot subdivision for single family homes. It was stated numerous improvements would be completed that would benefit the residences in this area.
Additional landscaping will be added to screen the development from the property owners on Grandview Terrace.
Karen Isherwood, P.E., Design Professionals, Inc., commented she met with town staff and addressed additional comments resulting from their meeting. Revised plans will be submitted addressing all concerns. Information will be provided regarding the drainage and floodplain analysis to address concerns of town staff and the Commission.
Ray Jefferson, Landscape Architect, described the landscaping changes made as a result of the meetings with the residents. A revised landscaping plan has been submitted. Revisions have been made to Berry Patch I to provide maximum screening of the development. The existing evergreen trees will remain on the property to separate the various areas of Berry Patch.
Geoff Sager, Metro Realty Group, Inc., submitted to the Commission a copy of the Declaration outlining Metro’s agreement with the neighbors regarding the three-lot subdivision. The Declaration will be filed on the land records.
Banach read the Planning Report:
There have been questions regarding whether senior housing requires more emergency services provision than non-age-restricted housing. The police department provided data for random neighborhoods of all types. The data includes a total of 4225 calls over a two-year period between May 2001 and June 2003. There were 291 calls to various senior housing developments; 1417 calls to various single family neighborhoods; and 2517 calls to various condominium locations. The data were provided by street, making it possible to calculate the number of service calls per dwelling unit. The numbers of calls were also large enough to provide meaningful analysis. The data included all types of neighborhoods, from the older and smaller single family neighborhoods to those built in the 1980’s and 90’s. Condominium data were provided similarly, from both the older and the newer condominiums. There were data from 9 senior developments, 26 single family streets, and 10 condominium developments.
On each street, the number of calls was divided by the number of dwelling units to determine average number of calls. For senior developments, data ranged from a high of 3.6 calls per unit to a low of 0.2 call per unit. Single family values ranged from a high of 5.6 calls per unit on one street, to a low of 0.2 call per unit on another street. Condominiums ranged from a high of 3.7 calls per unit at one development to a low of 0.7 calls per unit at another development. Single family homes averaged the highest number of calls per unit, at 1.9 over the two year period. Condominiums were second, with an average of 1.7 calls per unit. Seniors were the lowest, with an average of 1.5 calls per unit.
There have been concerns expressed that perhaps South Windsor is overbuilding senior housing. Census data for the year 2000 show that there are 3880 people older than 65 in South Windsor. Another 2350 are between the ages of 55 and 64, for a total of over 6200 people eligible for age-restricted housing. There are 452 units of independent age restricted housing of all types, most of which are completed or under construction. This number of units is 5% of the total dwelling units in South Windsor, for an age group that comprises 25% of our population. This is why the demand for age-restricted housing is so high, because there are so few of them in communities.
Doolittle read the Engineering Report:
Show a curtain drain around the uphill (south) side of the driveway on Sheet 4A.
Please name the roads in these new sections.
Check the grades of the driveways around the units. These grades should be kept as low as possible, especially on the curves. The 10% grade from Sta 30+50 to Sta 33 is too steep for the curves and main access drive to these units. Also it looks like it is greater than 10% on sheet 4B plan view. The grading of the intersection by Sta 32+23 and Sta 44+40 where two 10% slopes meet will be awkward. Check the top of frame elevation for CB#1 and CB#2.
Check the grades by the parking spaces as they should not have a cross slope greater than 5% because it is difficult to keep them clear of ice and the slope makes it difficult to get into and out of vehicles. Also, the handicap spaces can not have a grade greater than 2% in any direction. The grades look too steep for the parking spaces in the areas of Sta 7+75, 11+50, 35+50, and 54+75.
The grade changes at Sta 9+25 and 9+75, and Sta 37+00 and 37+50 are too close together. Suggest these be eliminated and the driveway grade be changed to a constant slope in these areas.
The detail for the median in the driveway from Sta 30+00 to Sta 32+18 needs to include a note as to the treatment of this median, ie. will it be landscaped, grassed or paved.
The overflow spillway from the detention basin on the Calvary Property needs to be extended toward the outlet structure so it begins at the top of frame elevation of the outlet structure or lower.
Note 10 about installing a 4 foot fence along the top of all retaining or stone walls with a drop over 4 feet needs to be included on sheets 4A and 4B.
Label the sidewalks along Buckland Road and the walk between the units on the Katten property and Buckland Road. Include construction details for these walks.
Add a note to the Typical Sidewalk Section detail that the sidewalk is 5 feet wide where it is adjacent to parking spaces.
Include a detail for the 10-foot gravel access drive on the Katten property.
The sewer lateral from the Katten property has a very low slope (0.4%) which is less than the typical slope of 2% and less than the minimum slope of 0.5%. This slope needs to be increased and/or calculations provided that the sewer flows in this line will have minimum cleansing velocities of 2.5 fps.
Verify the invert elevation where the sewer lateral will tie into the sewer from the Village at Buckland Court. The as-built plan for the Village at Buckland Court has different information.
Note that sanitary sewer manholes 2, 3, 4 and 5 along the cross country sewer line need to have watertight covers and frames with gaskets and locking screws.
Label the size of the sanitary sewer pipes and DMH1 on Sheet 4B.
The top of the berm around the stormwater detention area on the Katten property needs to be raised at least 0.2 feet so there is at least 1 foot of freeboard above the 100-year flow elevation.
Submit calculations and plans showing the volume of the area excavated for flood storage on the Katten property is at least equal to the 100-year flood plain storage volume lost to filling on this property.
WPCA approval is needed for this project.
Public participation was as follows:
George Daniels, Director of the South Windsor Housing Authority, commented they are pleased to be involved in this project and with the communication between the applicants and the residents.
The following residents came forward and spoke in favor of the application:
Bob Fogel, 36 Grandview Terrace
Carolyn Mirek, 48 Sele Drive
MicheleBassos, 25 Grandview Terrace
Ed O’Connor, 35 Grandview Terrace
The residents indicated they met with the applicant, Metro Realty Group, several times and stated the applicant has addressed the concerns of the residents in this area regarding the following:
Adequate landscaping
Covenants of Barry Patch be strictly followed
Proposed zone change and purchase of the remaining Calvary Church residential property to develop three single family homes of similar value to homes located on Grandview Terrace
Additional buffer at 25 Grandview Terrace of 10 - 12 ft evergreen trees
Commissioner McCann read three letters into the record:
Eileen C. Odonnell, 13 Watson Farm
Vincent Attianese, 33 Sele Drive
Charles and Claire Murdoch, 35 Breezy Hill Road
The Commission had the following question/concerns:
Commissioner Pacekonis expressed a concern that the units have no garages and could limit seniors.
Commissioner Kennedy inquired if the Declaration had been filed on the land records? Wise indicated the Declaration was signed today, January 13, 2004, and will be filed January 14, 2004.
Commissioner Kennedy asked if there are any other requirements or changes need to carry out the agreement. Sager responded for the record 10 trees will be planted in the location specified by Mrs. Bassos, 25 Grandview Terrace and 5 trees for Mr. O’Connor. DeMallie indicated that in order to fulfill the obligation, Metro needs to have the applications for zone change and the three-lot subdivision approved by PZC and IWA/CC. Sager stated if for any reason the subdivision application were denied, the applicant would not go forward with Berry Patch II.
Sager indicated he would accept as a condition the planting of the trees on the residents’ properties. DeMallie submitted a letter from the Bassos’s regarding the planting of trees.
Commissioner McCann questioned the demographics presented by Sean Hagearty. Banach indicated clarification of the demographics prior to deliberation of the application could be provided.
Commission Bazzano inquired if the Buckland Road access to the site would be for emergency use only. DeMallie responded yes, and this entrance will be gated.
Commissioner Slicer commented he is pleased to see the need for senior housing being addressed in town and the applicant working with the neighborhood to resolve residents’ concerns. This will allow for a rolling inventory of this type of housing for many years to come.
The public hearing closed.
Appl 03-92P, Podunk Farm Parking Lot, request for site plan reapproval for a parking lot with 75 spaces to service the Mill on the River on property located at 989 Ellington Road, A-20 zone
Chairman Wentzell stated Appl 03-92P would not go forward due to the late submission of information and would be placed on the February 10, 2004 agenda.
Appl 03-93P, Corinne’s Studio, request for a five-year major home occupation for a hair salon for property located at 518 Graham Road, A-20 zone
The applicant presented the application to the Commissioner proposing a 10’ x 12’ hair salon. The salon would be operated 15 hours per week. There will be no employees and no signage.
Banach read the Planning Report:
This is an application for a 5 year major home occupation permit for a hair salon for property located at 518 Graham Road, A-20 zone. The applicant is proposing to convert the room between the garage and house, 12’ X 14’ in size, into a salon that would have one sink and one chair.
2. The reasons for requiring PZC approval are to ensure that:
the home occupation is clearly secondary to the use of the building for dwelling purposes
the home occupation is compatible with other permitted residential uses in the residential district
the residential character of the dwelling and the neighborhood are preserved, and;
all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas.
Performance criteria that must be met include:
Maximum of 25% of the floor area can be used for the occupation;
occupation cannot be visible from outside the dwelling unit;
dwelling must contain the character of a single family dwelling;
no entrance or exit may be added solely for the occupation;
no more than one non-resident employee allowed;
the occupation can not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street;
all parking needs must be met on-site; and,
the Commission may require screening of additional parking from the street and from adjacent residential properties.
The applicant has indicated that she will be working approximately 15-20 hours a week and would have 1 to 2 clients at a time.
The information submitted appears to meet the physical criteria for the major home occupation. The salon proposed will be about 168 sf. which is approx. 14% of the house. There is no sign proposed. The applicant will have to address handicap access with the building inspector.
If this application is approved, the applicant will complete a home occupation form, which contains acknowledgment that the applicant will abide by criteria contained in the zoning regulations. The applicant would also be required to return to this Commission upon expiration of the 5-year permit period.
There were no Engineering comments, no public participation, and the Commissioner had no questions/concerns.
The public hearing closed.
Appl 03-95P, Frank Bellizzi, request for modification to previously-approved special exception (interior lot, Appl #95-33P), to revise house location/layout at 1540 Main Street, A-40 zone
Frank Bellizzi presented the application to the Commission indicating the home is in the historic district of Town. During construction of the home the garage was relocated within the foot print. The Bellizzis were notified that this change did not conform to the approved plan. Construction at that time was stopped. The applicant indicated they went before the Historic Commission this evening with the changes to the layout and it was approved. They are presenting the changes to this Commission for approval.
Banach read the Planning Report:
Request for site plan modification for the orientation of a house on an approved interior lot site plan for property located at 1540 Main Street, A-40 zone. The lot is in the Historic District and subject to the District’s approval for the architecture. The original special exception approval for this lot was granted in 1995. One of the conditions of the original approval required landscape screening between the existing house on Main Street and the new house, however it is was not specified as to the exact number nor size of trees to be planted. The lot went into construction the summer of 2003.
The following is a summary of the events that resulted in the application that is now pending in front of you:
Prior to application for a building permit, the applicant applied for and received a Certificate of Appropriateness from the Historic District for the architecture for the new home. That approval was issued in December of 2002.
In June of 2003 the zoning and building departments had signed off on the building permit. At that time the only change that had been made to the original plan was that the house would be served by a septic system instead of sanitary sewer, resulting in the required screening planted closer to the neighbor’s property than originally shown.
In July of 2003, after site work had started on the site, the applicant submitted a revised plan to the building department reversing the location of the garage and the main dwelling. The Chief Building Official received the information, however no change order was submitted for a change to the zoning approval, nor to the historic district’s approval.
In December of 2003, our office received a zoning complaint related to construction of the house in violation of the approved site plan. The applicant was advised that he should return to the Historic District for proposed changes as well as return to this commission for a site plan modification.
The applicant has met with the Historic District on two occasions and is again in front of that Commission this evening with their final changes.
Upon a recent site visit, it was determined that the house is being constructed about 112 feet from the property line (same distance proposed on the building permit plan). We have recommended that the applicant be prepared to address in detail the type of screening they intend to plant along the neighboring property.
If this application is approved, the Planning Dept. would recommend that the Commission require a landscape bond for the screening plantings.
There were no Engineering comments.
Public participation was as follows:
Attorney Stanley Falkenstein represented Mrs. DiChello, 1562 Main Street, the house to the front of 1540 Main Street. Falkenstein stated the home has been moved around and is now 25 feet closer to her property line as shown on the original plans. The concern is the plan that has been presented this evening requires town staff to approve the landscaping plan. Mrs. DiChello would like to review the buffering proposed. Falkenstein submitted photos to the Commission showing the property line before and after construction.
The Commission had the following questions/concerns:
Commissioner Larsen inquired why so many trees were removed along the property line and if there is proposed lighting along the driveway. Bellizzi responded the lot is sloped and that area is flat and the trees were removed to create a large side yard. The lighting along the driveway will be seven cast iron lampposts 6 feet in height.
Commissioner Wentzell questioned the house location being 25 feet closer to the property line as indicated by Attorney Falkenstein. Banach responded staff measured and reported the same distances as on the original plan, but will have staff re-check.
Commissioner Wentzell commented the landscaping for the site will be bonded, and the plan reviewed by town staff. Mrs. DiChello should have an opportunity to review the landscaping plan.
The public hearing remained open until February 10, 2004, to allow the applicant to submit a landscaping plan.
Motion to continue the public hearing to February 10, 2004, was made by Commission Kennedy. Seconded by Commission McCann. The motion carried and the vote was unanimous.
CONTINUATION OF REGULAR MEETING – MADDEN ROOM
CALL TO ORDER:
Chairman Wentzell opened the continuation of the regular meeting
PUBLIC PARTICIPATION:
There was no public participation for items not on the agenda.
NEW BUSINESS:
Motion to continue the regular meeting beyond 10:00 p.m. was made by Commissioner Choate.
Seconded by Commissioner Pacekonis. The motion carried and the vote was unanimous.
Discussion/Decision/Action regarding the following:
Appl 03-90P, Vietnam Veterans Outreach Center, request for site plan approval under Sec. 6.1.2.7 for property located at 240 Chapel Road, I zone
James Izzo presented to the Commission a proposal for the Vietnam Veterans Outreach Center, which is a non-profit organization located at 240 Chapel Road. He noted that the Outreach Center provides the following:
Food drives for veterans, local food banks, and food share
Provides donated clothing to veterans
Assists veterans with obtaining medical referral benefits and rehab programs
Bingo at the West Haven Veterans Hospital funded by the Outreach Center
The facility will be used for office space, storage, food and clothing bank, and for a place to gather. The purpose of the Outreach Center to is help veterans.
Banach read the Planning Report:
Request for site plan approval to operate a veterans outreach center at 240 Chapel Road, I zone. This is an existing site with a 5000 square-foot industrial building built in the 1950’s. This application is before you as a result of a zoning violation issued by Joy O’Connor, Zoning Enforcement Officer, citing use of the premises as a clubhouse, which is not a permitted use in the Industrial zone.
2. Permitted uses in the Industrial zone include office buildings as well as the traditional industrial uses such as warehousing and manufacturing. There is also a section that allows any other industrial use when authorized by the Commission. In determining the appropriateness of any other industrial use, the Commission must consider the following criteria:
The goals and objectives of the Town Plan are met;
Adverse traffic impacts are not created;
Negative impacts on property values are not created;
The land is physically suited for the proposed use;
Adverse environmental impacts are not created;
There is a balance between neighborhood acceptance and community needs;
Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use;
Historic factors are adequately protected; and
The overall physical appearance of the proposed development is compatible with surrounding development and the Commission’s goals for the neighborhood/corridor.
The Commission may also impose additional approval conditions in accordance with these regulations in order to ensure that all criteria enumerated above are satisfied.
The site plan submitted with the application indicates that there are 13 parking spaces. There appears to be additional space available for more parking if needed. Parking requirements for places of assembly are one space per 250 square feet of gross floor area, or 20 spaces for the whole 5000 sq ft building.
A site visit was conducted on January 9 by our Zoning Enforcement Officer, Joy O’Connor, in conjunction with an inspection by the Building and Health departments, to provide you with information to use in deciding this application. Joy took photographs for your use. You will see that the first floor has a combination of sofas and chairs, tables and chairs, a bar with barstools and a kitchen area, a large clothing rack and clothing bins, motorcycles, and other stored materials such as gas containers. Based on the Town staff site visit, the use as currently conducted does not appear to be very similar to a typical office facility, but seems to be more of an assembly hall. Assembly halls are a permitted use in the General Commercial zone but not the Industrial zone. Commissioners
will need to sort out whether the facility is truly being used as an office building, or whether the use as an assembly hall constitutes an industrial use under the “any other industrial uses” provision of the industrial zone regulations.
The Chief Building Official, Chris Dougan, has submitted a report regarding his site inspection on January 9. His report notes that it is his opinion that current use of this building is consistent with Assembly Use and Occupancy. He notes that in the course of inspection numerous violations impacting life safety were observed. There were motorcycles, propane tanks, gasoline containers, kerosene containers and propane heaters. All were ordered to be removed immediately, which was done at the time of reinspection. According to Mr. Dougan, it is absolutely imperative, in the interest of health, welfare and public safety, that a thorough investigation of the building’s electrical system, heat source, means of egress and fire safety be implemented prior to its continued use and future
occupancy. There are issues with exits, electrical wiring, fire separation between the first and second floors, heating and plumbing issues. I have a copy of the inspectors’ report in the file for anyone who would like a copy.
The Town’s Environmental Health Officer, Robert Deptula, who also visited the site, has submitted a memo to you..
South Windsor Police Department has reviewed this request and has a report to present to you. Agent Richard Watrous is here representing SWPD. After Agent Watrous has completed his report, I have a little bit more of my report to finish up.
Agent Watrous, Investigator with the South Windsor Police Department along with Commander Lewis, Sargent Taft, and Sargent Riggs were present at the meeting. Watrous stated he was not present to discredit the Veterans organization. Waltrous indicated his reason for attending the meeting was to provide an informational presentation regarding allegations of activities at 240 Chapel Road that are beyond the scope of the Outreach Center.
Agent Watrous indicated he received an anonymous phone call in October 2003 regarding activities related to 240 Chapel Road. This anonymous source indicated a sex club/bondage club (BDSM Club) was operating every other Saturday night at this location. It was stated the veterans are aware and involved and gain financially from these activities. The name of the sex/bondage club is “Club Chainzz” and is located primarily on the second floor of 240 Chapel Road. The club and a web site called “The Group” were created by a member, Bad Biker Bob. It was stated “The Group” has been in existence since April 2001 and conducts play parties from 7 p.m.–4:00 a.m. Individuals gather on the first floor and as the evening progresses they move upstairs where
they engage in these sexual activities.
It was stated by the caller there is a coverage charge of $20 for non-members and $10 for members. There is a cash bar on the first floor where beer and liquor are served. It was indicated the canned goods and racks of clothing have been in the same location for some time and could be a front for the Outreach Center. The caller indicated individuals from MA, CT, NY, and NH visit the site and security is provided by Vietnam Vets at the door where they collect the cover charges. There is a surveillance camera located at the front door of 240 Chapel Road that is monitored inside the building.
Agent Watrous reviewed the process of gaining access to “The Group” web page. The police informant described several alleged activities taking place such as hot wax application, whipping, body carving, needle play, and saline injections.
It was the caller’s opinion Bad Biker Bob was moving to Florida and James Izzo and another individual named Master Miles would take over control of the “Club Chainzz” activities.
At that time Agent Watrous conducted his own investigation to confirm the information brought forward and submitted a packet to the Commission to follow along with a Powerpoint presentation.
Agent Watrous described the following:
Logged on to the web site for “The Group” where you would find a listing of upcoming events
During Agent Watrous’s surveillance of 240 Chapel Road from 7:00 p.m to 1:00 a.m. Halloween evening he did witness individuals arriving dressed in costumes and the Vietnam Vets monitoring the door. It appears the various events correlated with the web’s site information.
Agent Watrous indicated there were pictures on the various events on their web site that could be accessed, but the pictures have since been removed from the website. However, Agent Watrous had downloaded the photos before they were removed from the website.
Agent Watrous walked the Commission through the packet to make the connection between 240 Chapel Road and the allegations. It was apparent in the pictures taken of the site by the Zoning Enforcement Officer, the Chief Building Inspector, and Agent Watrous’s exterior pictures of the site, in comparison with pictures on The Group’s web site, that all photos were of the same location, 240 Chapel Road.
There were various e-mails in the packet that referred to members of the Vietnam Veterans in relation to the sexual activities. There is an e-mail in the packet that gives directions to the “vet’s club….aka CLUBCHAINZZ” and they direct you to 240 Chapel Road.
The caller indicated the Vietnam Vets Club does participate in activities that benefit Vietnam Veterans. The purpose of this presentation is not to discredit the Vietnam Veterans Motorcycle Club but to bring forward the activities that are not related to the Vietnam Veterans Outreach Center at 240 Chapel Road.
Agent Watrous indicated there is no criminal activity occurring. The sexual activities taking place are adult and consensual. It seems there are building and zoning violations and that is why this has been brought to the attention of the various town agencies.
Banach continued the Planning Report:
Joy O’Connor observed and photographed various items and paraphernalia on the second floor, including a sofa with chains, doctor’s type examining table with the roll of paper at the end, a stirrup table, a spiderweb thing on the wall, lab coat, black cape and other items. Most were covered with tarps; one large group was covered with a clear tarp. Joy’s photos are most useful as corroboration for the police dept. report. Without a context, the items might not be easy to identify for what they apparently are. Once we have the context of adult oriented activity, the equipment in the photos makes sense in terms of that context.
Our zoning regulations define adult oriented establishments and adult entertainment very explicitly and clearly. The Police Department report describes activities that appear to fall within the realm of our definition of adult entertainment. Adult entertainment as defined in our regulations constitutes an adult oriented establishment. Adult oriented establishments are a use permitted in the General Commercial zone by special exception. They are not allowed in any other zone, including the industrial zone. The zoning regulations also prohibit ZBA from granting a use variance for adult oriented establishments in any other zone. If the Commission approves the use of this facility for the Vietnam Vets, the Planning Dept will be conducting zoning enforcement to cease the adult oriented
activity. If the Commission does not approve the use of this facility, we will amend our pending zoning violation to include cessation of the adult oriented activity.
If this application is approved, the Commission may want to consider requiring some improvement to the appearance of the building and the lot. Planning Dept. requests at least the following modifications:
If there is a dumpster, it must be on a concrete pad and screened.
Site lighting must be brought into conformance with current standards, including full cutoff fixtures.
Public Participation was as follows:
Bob Pellegatto, 128 Chapel Road, commented he was very surprised with the information presented at the hearing, but stated there has been no noticeable disturbances to the neighborhood and commended them for all they do for the Veterans.
The Commission had the following questions/concerns:
Chairman McCann commented the Commission will need to determine the use of the property, and if what is being proposed is the actual use of the property. It seems the application as presented by James Izzo is for an Outreach Center but the presentation by agenda Watrous indicated other activities that are not permitted uses.
Banach reviewed the uses allow in the zoning regulations.
There was a discussion of the Commission indicating the pictures presented of 240 Chapel Road have the appearance of a gathering place with a bar rather than an office, storage, and food and clothing bank. Chairman Wentzell inquired if James Izzo would address some questions for the Commission.
James Izzo, indicated there is an office with a computer, Outreach Center records, and storage that have been overlooked in the presentation. Izzo indicated Bad Bob was not present at the meeting and Mr. Izzo could not comment for him. Izzo stated the Vietnam Veterans Motorcycle Club was present and applying for a Vietnam Veterans Outreach Center and would comply with any conditions the Planning and Zoning Commission would require.
Commissioner Kennedy inquired as to the activities the Vietnam Veterans Outreach Center is involved with and is the club more of a social club. Izzo responded 99% of the clubs activities are orientated towards the Vets. Izzo gave a description of activities indicating bingo at the VA Hospital in West Haven, funded by the Vets out of their pockets. The Vets provide security for the Vietnam Wall when brought into different areas of the state for no compensation. They hold food drives and donate clothing to various food banks and food share programs, and provide assistance to vets in obtaining veteran benefits. Izzo indicated he had letters of recommendation from various organizations related the work the Vietnam Veterans Motorcycle Club had provided. Izzo stated the Vets had been at 240
Chapel Road for over a year before it was known. There have been no complaints and the Vets have not disturbed the surrounding neighborhoods in any way.
Commissioner Choate stated the office is such a small use of this building and inquired if there are regular office hours? Izzo responded there is usually someone at 240 Chapel Road between 10:00a.m. to 2:00 p.m.. There is an answering machine to receive calls when someone is not available. The Outreach Center meeting is held on Thursday evenings and is open to the public.
Commissioner Larsen asked if the building is ever rented out for any other purpose? Izzo indicated no. Larsen mentioned it is the responsibility of the Vets Motorcycle Club to know what activities are going on at 240 Chapel Road.
It was asked if the door on the second floor is locked. Izzo responded no and it would be from now on. Banach indicated the door has a lock and the door had to be removed so the building department could make an inspection of the second floor.
There was a discussion of the evidence presented at the meeting indicating there is more than an Outreach Center at the 240 Chapel Road. Izzo stated the items stored on the second floor would be removed.
The issue of liquor served for sale at the facility was discussed. It was stated there is no cash bar and a member might bring wine or beer for their use. The donations are for water, soda, and coffee.
A discussion ensued with the Commission regarding the safety of the building and what would need to be done to bring it up to code. Banach indicated the code violations would need to be addressed immediately, and that the building inspector and fire marshal are discussing further remedies.
There was a discussion on whether to vote on the application. Commissioner Kennedy commented the application is for an Outreach Center and the related activities presented are not part of the application and the Commission should act on this application.
Motion to deny Appl 03-90P, Vietnam Veterans Outreach Center on the grounds that this is not an industrial use within the meaning of Section 6.1.2.7 was made by Commissioner Kennedy Seconded by Commissioner Slicer. The motion carried and the vote was unanimous.
Appl 03-28P, The Shops at Evergreen Walk request for a second 90-day extension for the filing of mylars
Motion to approve a second 90- day extension for Appl 03-28P for the filing of mylars was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried and the vote was unanimous.
APPLICATIONS TO BE OFFICIALLY RECEIVED:
Appl 03-95P, Frank Bellizzi, request for modification to previously-approved special exception (interior lot, Appl #95-33P), to revise house location/layout at 1540 Main Street, A-40 zone
Appl 03-96P, Mannarino Builders, request for a special exception to 4.1.12 and site plan approval for a 20 unit Senior Residence Development to be known as “Eagle Run” for property located on the easterly side of Nevers Road, southerly of Wood Pond Drive, RR zone
Appl 04-01P, Timothy H. Wentzell, request for an amendment to Section 4.6.c.2 of the zoning regulations to allow interior lots with A-20 zoning on the frontage portion of the property when certain criteria are met.
ADJOURNMENT:
Motion to adjourn at 11:35 p.m. was made by Commissioner Kennedy. Seconded by Commissioner McCann. The motion carried and the vote was unanimous.
Respectfully submitted,
___________________________
Kelli Koehler
Recording Secretary
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