MEMBERS PRESENT: Chairman Patrick Kennedy, David Sorenson, Michael Sullivan, Bart Pacekonis, Timothy Moriarty, Louise Evans and Mark Abrahamson
ALTERNATES PRESENT: Dan Van Horn
STAFF PRESENT: Michele Lipe Assistant Director of Planning
Jeff Doolittle, Engineer
Ether Diaz, Recording Secretary
REGULAR MEETING – MADDEN ROOM
CALL TO ORDER:
Chairman Patrick Kennedy called the meeting to order at 7:30 PM.
PUBLIC PARTICIPATION: None
NEW BUSINESS:
Discussion/Decision/Action regarding the following:
- General discussion with Zoning Board of Appeals members
Chairman Thomas Berstene, Zoning Board of Appeals Chair called the meeting to order at 7:31 PM. Other members present were; N. Marie Crumbie, Teri Dickey-Gaignat, and Steven Wagner.
Discussion ensued between the Zoning Board Members and the Planning and Zoning Commission members.
Berstene mentioned that zoning board members would like to have a better understanding of the thinking behind the new regulations since they are required to interpret the regulations when deciding on a variance. The Zoning Board of Appeals (ZBA) also has to take into consideration the effect that the variance would have on the property value of the property in question as well as the surrounding Community. Signs are an issue that continues to come up frequently. Once ZBA grants a variance the variance is placed on the property forever. This is why it is important to understand the intent of the zoning regulations when deciding on a variance.
Kennedy asked if there were any specific cases regarding sings.
Berstene mentioned that some of the cases that have come before ZBA include issues with the size and shape of the sign as well as moving signs. ZBA had a number of applications coming before them prior to the regulations update and now the updated regulations address most of those concerns.
Lipe mentioned that another case that comes before ZBA fairly often is multiple signs on a single property.
Berstene mentioned that most of the cases that come before ZBA now are usually because a business needs to replace an old sign that was nonconforming. Also in some cases multiple signs are needed on a single property because the location has several different businesses that need signage. The commissioners asked if Planning and Zoning members had any recommendations to aid the ZBA in resolving these sign issues.
Sullivan responded that there are several different types of signs for example; building signs, directory signs and identification signs and depending on the layout the applicant can split up the total square footage between the directory sings and the identification sign. The signs have to conform to the total square footage specified in the regulations.
Wagner mentioned that ZBA is still seeing cases that involve truck billboard signs and because of the wording in the regulations that states that the truck can be used if it is used in the every day business operations; it makes it difficult for the commission to decide on these cases. ZBA commission members would like to see the wording amended.
Berstene mentioned that since the update to the regulations the issues have significantly dropped off in some areas. ZBA feels that the appropriate revisions where made to the Zoning Regulations and this has helped ZBA greatly; nevertheless the commission would like to keep an open line of communication to better understand any changes to the regulations.
Berstene made a motion to adjourn the ZBA meeting at 8:05 PM. Gaignat seconded the motion. The motion carried and the vote was unanimous.
- Appl. 08-42P, Musante Enterprises, LLC dba Musante Sports– request for site plan approval and a general repairer’s license for Units 12-14 on property located at 1257 John Fitch Boulevard, I zone
Musante presented the application as follows. The applicant has a business at 1265 John Fitch Blvd and is currently renting from Andre Charbonneau. The applicant was renting another unit in the same building that was far away from the first one and has been doing so for several years. The applicant feels that it would be more efficient to conduct all business at one single location. The applicant plans to rent 3 units at 1257 John Fitch Blvd and move his business to that location.
Lipe gave a Planning report as follows.
Application for site plan approval for a motor vehicle general repairer’s license to operate Musante Motor sports, on property located at 1257 John Fitch Boulevard, Unit 12-14, I zone. The applicant currently occupies space at 1265 John Fitch Boulevard and is proposing to relocate his business and occupy 5,400 sf of this new building. Site size is approximately 12 ac and has a second building on it at 1265 John Fitch Boulevard. This will be the first use to move into this new building which recently received its certificate of occupancy, however no new site work proposed. The applicant will be delineating 6 parking spaces on the south side of the property specifically for his use.
The automotive service and repair use is listed as a permitted use in the industrial zone.
There is public water and public sewer available to the site. WPCA approval is not required. Fred Shaw, Sup’t of Pollution Control questioned if there will be floor drains in the building. If yes, a grease /oil separator will be required.
Any proposed signage would require the issuance of a sign (temporary or permanent) before it is installed.
Any new dumpster added to the site would require it to be placed on a concrete pad and screened.
If this application is approved, the planning department has no requested modifications.
There were no Engineering comments.
Commissioners had comments and questions. Responses will be in italics.
- How will the parking areas be identified, will there be any lines drawn?
Musante responded that there are lines drawn that show where the parking is. Since this is new construction, the applicant assumes that the parking lines will be put in, however he is not sure who is responsible for putting them in.
- Commissioners requested that the six designated parking spaces depicted on the plans be striped on the property.
Sullivan made a motion to approve the above mentioned application with the following conditions.
This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority.
The building street number must be included on the final plan.
Pavement markings must be maintained in good condition throughout the site drives and parking areas.
All free standing signs and/or building signs require the issuance of a sign permit before they are erected.
Any new dumpster added to the site would require be placing on a concrete pad and screening.
The proposed parking spaces are to be lined on the site as shown on the plan.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
- CGS 8-24 Referral for Lawrence Road Sewers- Water Pollution Control Authority is planning to extend the sewers on Lawrence Road and the south end of Cliffwood Drive.
Doolittle presented the above mentioned item. This project was initiated by WPCA and it has to come before this commission for approval. WPCA is proposing to add sewers on Lawrence Road which will service properties that are currently not served. One section will be on the south end of Cliffwood Drive servicing 6 properties and one section will be on the north end of Lawrence Road servicing approximately 13 properties.
Moriarty dismissed himself from the meeting.
Chairman Patrick Kennedy appointed Commissioner Van Horn to sit for Moriarty as of 8:15 p.m.
Commissioners questioned if this would service all the properties that don’t have sewers except the ones on Dart Hill.
Doolittle responded that the sewers will service Lawrence Road only.
Evans made a motion for a favorable recommendation of the above mentioned item. Sullivan seconded the motion. The motion carried and the vote was unanimous.
- 07-69P, Dzen Tree Farm Subdivision - Request for Final Subdivision Approval
Robert Mannarino presented the above mentioned request. Mannarino requested final approval for the Dzen Tree Farm subdivision. Mannarino is also requesting a bond reduction, since all the requirements have been completed.
Lipe mentioned that this application was originally approved and then the applicant came back for a conditional approval, and now the applicant is requesting a final approval for the Dzen Tree Farm Subdivision. Mannarino has two houses currently under construction.
Sullivan made a motion to approve the above mentioned request with all previous approval conditions.
Abrahamson seconded the motion.
The motion carried and the vote was unanimous.
BONDS:
Evans made a motion to reduce the $1,787,900 subdivision bond for Appl. 07-69P, Dzen Tree Farm Phase I to $250,000. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to reduce the $1,364,600 site bond for Appl. 06-60P, Aldi Road Improvements to a maintenance bond of $136,460. Evans seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to release the $1,000 landscaping bond for Appl. 07-28P, Jays Landscaping. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to reduce the $ 50,000 landscaping bond for Appl. 06-60P, Aldi distribution Center to $10,000. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to release the $2,000 IWA/CC bond for Appl. 07-28P, Jays Landscaping. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to release the $5,000 IWA/CC bond for Appl. 07-28P, Jays Landscaping. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to release the $10,000 IWA/CC bond for Appl. 05-05P, John Fitch Partners-detent. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to reduce the $15,000 IWA/CC bond for Appl. 05-05P, John Fitch Partners-E&S to $5,000. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to release the $10,000 IWA/CC bond for Appl. 05-42P, Birch Mountain Earthworks. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to release the $15,000 IWA/CC bond for Appl. 06-62W, Aldi Clean up. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Evans made a motion to release the $60,000 IWA/CC bond for Appl 06-60P, Aldi E & S. Sullivan seconded the motion. The motion carried and the vote was unanimous.
MINUTES: 9/9/08 & 9/23/08
The 9/9/08 minutes were approved by consensus with minor changes. The approval for the 9/23/08 minutes was postponed because it was missing a page that did not print out.
OTHER BUSINESS:
Hall Cummings, Attorney representing Lou Trogula Rte. 5 Motor Cars presented the proposal for south west corner of John Fitch Blvd and Edwin Rd. Mr. Trogula is proposing to use the new location
as an accessory use to his existing location for parking and storage of vehicles. The applicant would like to submit a site plan modification to allow the storage of vehicles instead of establishing an automobile sales facility since he already had this set up on 1429 John Fitch Blvd.
Commissioners had the following comments.
Commissioners discussed the definition of accessory use according to the Zoning Regulations that states that accessory use is in connection with the main building or use, and also that it is located on the same lot.
Lipe mentioned that usually when there is storage there is also a primary use of the structure, in this case there is no structure in this plan.
Commissioners agreed that it cannot be considered an accessory use as defined in the Zoning Regulations nevertheless the applicant can apply for a special exceptions permit.
ADJOURNMENT:
Sorenson made a motion to adjourn the meeting. Sullivan seconded the motion. The motion carried and the vote was unanimous.
The regular meeting was adjourned at 8:50 PM.
Approved 12-09-08
D. Maria Acevedo
Recording Secretary
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