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PZC Minutes 09-23-2008
MEMBERS PRESENT:        Chairman Patrick Kennedy, David Sorenson, Bart Pacekonis, Timothy Moriarty, Louise Evans and, and Mark Abrahamson

ALTERNATES PRESENT:  Viney Wilson & Dan Van Horn

STAFF PRESENT:  Marcia Banach Director of Planning

PUBLIC HEARING – COUNCIL CHAMBERS

The secretary read the legal notice as it was published in the Journal Inquirer on September 11 and September 18, 2008.

  • Zoning Regulations Update—PZC-sponsored minor corrections to comprehensive rewrite/update of the entire zoning regulations. All sections of the existing regulations are affected, and there are corrections to existing provisions within the regulations.
There was no Planning report.  There was no public participation.  Commissioners had no questions or concerns.  

The public hearing for the above mentioned item was closed at 7:35PM.  

  • Appl. 08-35P, T’s Auto– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two vehicles for sale at 718 Ellington Road, RC zone
Richard Tarascio, T’s Auto represented the application.  T’s Auto has been in business since 1989.  The applicant is requesting for a renewal of a 2 year permit to display 2 vehicles for sale.  There are no changes since the last commission approval.  

Banach had a planning report as follows.
Request for renewal of a two-year temporary & conditional permit originally granted by the Zoning Board of Appeals in February 1989 and renewed by this Commission every two years, for the display of two automobiles for sale at T’s Auto Service on the corner of Ellington Road and Pleasant Valley Road (across from 7-ll), RC zone. This applicant has been faithfully resubmitting applications for renewal.
The original ZBA approval and the previous P&Z approvals included 3 conditions:
The permit is restricted to 2 automobiles and excludes vans or trucks;
The cars are to be no closer than 12 feet from the corner. No more than 12 cars in a single row with 2 other cars making a second row (as shown in the diagram submitted) are to be parked from the station to Pleasant Valley. This includes the automobiles for sale.
There will be no parking at any time in the front area of the parking lot.
The regulations state that temporary & conditional permits may be granted by the Commission for a use, if the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured and traffic and other hazards will not result from such use.
If this application is approved, the planning department has no modifications to recommend.
Public participation was as follows.

Rich Strong, Strong Auto spoke in favor of this application.

The public hearing for the above mentioned item was closed at 7:40 PM.

  • Appl. 08-39P, Lovett Major Home Occupation Renewal dba Pleasant Valley Landscaping, request for a 5-year renewal of a landscaping major home occupation MHO at 44 West Road, RR zone.
Tom Lovett, Pleasant Valley Landscaping presented the application.  The applicant is requesting a renewal of the 5 year home occupation permit to run a landscaping business.
Banach gave the following Planning report.  

  • Request for renewal of a two-year temporary & conditional permit originally granted by the Zoning Board of Appeals in February 1989 and renewed by this Commission every two years, for the display of two automobiles for sale at T’s Auto Service on the corner of Ellington Road and Pleasant Valley Road (across from 7-ll), RC zone. This applicant has been faithfully resubmitting applications for renewal.
  • The original ZBA approval and the previous P&Z approvals included 3 conditions:
The permit is restricted to 2 automobiles and excludes vans or trucks;
The cars are to be no closer than 12 feet from the corner. No more than 12 cars in a single row with 2 other cars making a second row (as shown in the diagram submitted) are to be parked from the station to Pleasant Valley. This includes the automobiles for sale.
There will be no parking at any time in the front area of the parking lot.
  • The regulations state that temporary & conditional permits may be granted by the Commission for a use, if the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured and traffic and other hazards will not result from such use.
  • If this application is approved, the planning department has no modifications to recommend.
Public participation was as follows.  
Robert Benson, 15 West Road spoke in favor of this application.  
Rich Strong, Strong Auto spoke in favor of this application.  

Commissioners had questions.  Responses will be in italics.  
  • Commissioners asked where the applicant’s employee parks his vehicle.
The applicant responded that his employee has worked for him for eighteen years and has always parked in the driveway.  
  • Commissioners ask if the driveway over the property line would affect the applicant in any way.  
The applicant responded that there is an easement to the driveway and he could provide a copy of the easement to the Planning Department.   

The public hearing for the above mentioned item was closed at 7:45PM.  
REGULAR MEETING – MADDEN ROOM
CALL TO ORDER:
Pat Kennedy called the meeting to order.  
PUBLIC PARTICIPATION:  None
NEW BUSINESS:
Discussion/Decision/Action regarding the following:

  • Zoning Regulations Update—PZC-sponsored minor corrections to comprehensive rewrite/update of the entire zoning regulations. All sections of the existing regulations are affected, and there are corrections to existing provisions within the regulations.
Commissioners discussed the changes in the regulations.
Pacekonis made a motion to approve the above mentioned item in conformance with the Town Plan of Conservation and Development.  Abrahamson seconded the motion.  The motion carried and the vote was unanimous.  The new regulations are effective upon publication.  
Kennedy appointed Dan Van Horn to sit for Mike Sullivan.  
  • Appl. 08-35P, T’s Auto– request for renewal of a 2 year temporary and conditional permit (Section 2.13.a) to allow two vehicles for sale at 718 Ellington Road, RC zone
Evans made a motion to approve the above mentioned application with the following conditions.  
  • This permit is for a two (2) year maximum period.
  • This permit is restricted to two (2) vehicles for sale with a standard automarker and excludes vans or trucks.
  • The cars are to be no closer than 12ft. from the corner.  No more than 12 cars in a single row with two other cars making a second row (as shown in the diagram submitted) are to be parked from the station to Pleasant Valley Rd.  This includes the automobiles for sale.
  • There will be no parking at any time in the front area of the parking lot (triangle and near the dumpster).
Moriarty seconded the motion.  The motion carried and the vote was unanimous.
  • Appl. 08-39P, Lovett Major Home Occupation Renewal dba Pleasant Valley Landscaping, request for a 5-year renewal of a landscaping major home occupation MHO at 44 West Road, RR zone.
Dan Van Horn made a motion to approve the above mentioned application with the following conditions.  
The business must be operated by the homeowner.
The permit will expire on September 23, 2015, and will have to be renewed at that time.
Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal.
Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction.
There is no outdoor storage of material nor disposal of material permitted on site.
Documentation of the cross-travel easement for the driveway to the barn must be provided.
A paved driveway apron must be constructed within the street right-of-way. A street cut permit is required prior to paving.

Evans seconded the motion.  The motion carried and the vote was unanimous.  
BONDS:
Evans set the resubdivision bond in the amount of $14,800 for App, 08-37P, Foster Family Trust Resubdivision.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.
Pacekonis made a motion to release the $1,000 landscaping bond for Appl. 07-32P, Daniels Electric Evans seconded the motion.  The motion carried and the vote was unanimous.
MINUTES: None

OTHER BUSINESS:  

ADJOURNMENT:
Evans made a motion to adjourn the meeting.  Pacekonis seconded the motion.  The motion carried and the vote was unanimous.
The regular meeting was adjourned at 8:35 PM.

Approved 12-09-08
D. Maria Acevedo
Recording Secretary