MEMBERS PRESENT: Chairman Patrick Kennedy, Louise Evans, Michael Sullivan, Bart Pacekonis, Mark Abrahamson, David Sorenson and Tim Moriarty
ALTERNATES PRESENT: Viney Wilson sitting for Elizabeth Kuehnel
Dan Van Horn
STAFF PRESENT: Michele Lipe, Assistant Director of Planning
PUBLIC HEARING/COUNCIL CHAMBERS
Chairman Kennedy called the meeting to order at 7:30 p.m.
Commissioner Evans read the legal notice as it was published in the Journal Inquirer on Thursday August 27 and Thursday September 3, 2009.
- PZC-sponsored correcting amendments to Table 4.1.1A, Permitted Commercial and Industrial Uses: (1) restore fast food restaurants as a permitted use with site plan approval inRestricted Commercial zones; and (2) remove freezer lockers and incidental processing of food for human consumption, public garages and riding academies, barns and stables from Restricted Commercial zones.
Lipe gave an overview of the updates to the regulations, mentioning that the above mentioned items were omitted when the regulations were updated and need to be added.
Commissioners had no questions.
There was no public participation.
The public hearing was closed at 7:34PM.
- 09-31P, Cummings Zoning Amendment – request for a zoning amendment of Table 6.5.10A, Signage I-291/Overlay zone to modify language to allow free standing signage a maximum of 12 feet from the existing grade at the location of the sign.
Attorney Harold Cummings presented the application.
Lipe gave a planning report as follows.
Request for amendment to Table 6.5.10A of the zoning regulations to modify the provision related to additional signage in the I-291 corridor/overlay zone. The regulation states: “in recognition of the special nature of an interstate corridor, additional signage will be allowed for sties that abut and/or highly visible from I-291.” The current regulation allows additional free standing signage totaling 5% of the area of the building facing I-291, provided that the sign is no greater than 8 feet above the elevation of I-291 in the vicinity of the sign.
The applicant is proposing to delete that wording and substitute the following: “Bottom edge of sign to be no more that 8 feet and the top edge to be no more than 12 feet from the existing grade of the subject property at the location of the sign.
There are some other general criteria for signage in this zone including:
- All signage is subject to approval from the Commission and must be designed as an integral part of the site plan. All sign locations shall be shown on the site development plan, and shall be described as to area, dimensions, height, materials, and purpose.
- Single-pole-mounted signs are not allowed. All other pole-mounted signs are limited to maximum 12 foot height.
- Multiple-tenant buildings will be allowed building signage for each tenant that has distinct, exclusive building frontage with individual entrances (e.g., a retail plaza). Separate building signage for tenants will not be allowed where tenants are sharing buildings that do not have distinct tenant space characteristics on the outside of the building.
- Free-standing sign lighting must be turned off either within 1 hour of the close of business
There are several properties, due to grades, that are unable to meet these criteria as they sit above the grade of I-291.
CRCOG was noticed of the proposed changes as required and they responded that they “find no apparent conflict with regional plans and policies of the concerns of neighboring towns”.
Public participation was as follows.
John Mitchell, 41 Eagle Drive, spoke in favor of the zoning amendment.
Commissioners had questions and concerns.
Commissioners felt that the Cummings amendment would allow businesses that are not visible from the road to have a visible sign.
Evans mentioned that I -291 follow one set of regulations and the overlay zone follows another. There is a commercial and there is also residential.
Pacekonis asked what would keep applicants from adding revenue generating billboards if this Amendment is approved.
Lipe mentioned that the Commission cannot control the content of signs due to First Amendment Rights.
Attorney Cummings mentioned that if the regulations specified that the additional signs are linked to the usage of the building it would be upheld. The way the regulations are written at this time would allow any one to be able to put whatever they wanted on a sign. This amendment would tighten up the sign regulations.
Commissioners asked if this application had come before ZBA
Lipe responded that the application for the sign came before ZBA and that Commission suggested that the applicant come before the Planning and Zoning Commission for a text amendment.
The public hearing was closed at 8:10 PM.
- 09-30P, Sullivan Tire of CT – request for special exception to table 4.1.1A for a general repairer’s license on property located at 681 John Fitch Boulevard, GC zone
Roy Donlon presented the application as follows. The applicant is requesting for a general repairs license for 781 John Fitch Blvd. The property has an existing 15,000 sq ft building that has a show room, bathroom and waiting area. The building also had a repair area. The second floor currently has a tenant. The applicant is planning to do minor repairs on commercial trucks.
Lipe had a planning report as follows.
Request for Special Exception to Article 4.1.1A and Site Plan of Development to a general repairer’s license for repair of automobiles at 681 John Fitch Blvd, GC zone. The applicant is requesting to license the leased building in the front of the property as shown on the plan submitted. Automobile repairs are a special exception use in General Commercial zones.
As you can see from the aerial photo, there is a fenced outdoor storage area. Upon site visit, it revealed there are a couple dumpster and trailers stored within this area. We have asked and the applicant has agreed to provide screening of the fenced area.
Impervious coverage is 65%, with 65% maximum impervious coverage allowed.
Historically, this property has been used for automobile repairs and several units were approved for this use throughout the 80’s and 90’s. This request is for a single tenant.
The site is served by public water and sewer.
If this application is approved, the Planning Dept has no requested approval modifications.
Public participation was as follows.
Fred Bachell 296 Pleasant Valley Road mentioned that he would like the Commission to recommend hours of operation and a chain linked fence. The resident also requested screening so that any activities on the property would not be visible to other properties.
Commissioners asked what the hours of operation are.
The applicant responded that the hours would be 7 AM to 5 PM 6 days a week.
Commissioners wanted to know if the parking had been reviewed.
Lipe mentioned it had been addressed with the current site plan. Planning staff is recommending a fence for the area that the applicant will keep the tires in. Lipe mentioned that WPCA may need to review.
The public hearing was closed at 8:30 PM.
REGULAR MEETING – MADDEN ROOM
PUBLIC PARTICIPATION:
- 09-33P, GCR Tire Centers—Request for general repairers license for existing tire business at 260 Chapel Rd, I zone
Sullivan recused himself from application 09-33P, GCR Tire Center. Kennedy appointed Wilson to sit for Sullivan. Commissioners had questions.
Thomas Greeno presented the application. The applicant is requesting to renew the general repairer’s license for 260 Chapel Rd.
Lipe mentioned that the applicant was only trying to transfer his license to 260 Chapel Road and DMV requires for the applicant to come before the commission.
Evans made a motion to approve the above mentioned application. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
- PZC-sponsored correcting amendments to Table 4.1.1A, Permitted Commercial and Industrial Uses: (1) restore fast food restaurants as a permitted use with site plan approval in Restricted Commercial zones; and (2) remove freezer lockers and incidental processing of food for human consumption, public garages and riding academies, barns and stables from Restricted Commercial zones.
Pacekonis made a motion to approve the above mentioned amendment with the finding that it is in conformance with the Town Plan of Conservation and Development. Abrahamson seconded the motion. The motion carried and vote was unanimous.
- 09-31P, Cummings Zoning Amendment – request for a zoning amendment of Table 6.5.10A, Signage I-291/Overlay zone to modify language to allow free standing signage a maximum of 12 feet from the existing grade at the location of the sign
Commissioners discussed the zoning amendment.
Commissioners agreed that the wording would have to be updated to make sure that signs don’t end up being too big in some areas.
Modified language of Table 6.5.10A, Signs Allowed in I-291 Corridor/Overlay zones, Additional I-291 – Facing Signage as follows:
Height: 8 feet above the elevation of I-291 in the vicinity of the sign, or if a building is not visible from I-291 then bottom edge of sign to be no more than 8 feet and the top edge to be no more than 12 feet from the existing grade of the subject property at the location of the sign.
Sullivan made a motion to approve the above mentioned zoning amendment with above changes after finding that it is in conformance with the Town Plan of Conservation and Development. To be effective upon publication.
Evans seconded the motion. The motion carried and the vote was unanimous.
- 09-30P, Sullivan Tire of CT – request for special exception to table 4.1.1A for a general repairer’s license on property located at 681 John Fitch Boulevard, GC zone
Moriarty made a motion to approve the above mentioned application with modifications.
The fenced area must be screened.
WPCA approval is required if needed.
Hours of operation are 7 AM-5 PM, 6 days a week, no work on Sundays.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
- Preliminary discussion with NuWay Tobacco regarding potential addition at 200 Sullivan
Kip Shepard discussed the proposed expansion of 200 Sullivan and the possibility of creating another driveway exit out of the site onto Rye Street for trucks.
Commissioners discussed the proposal and gave their feed back.
BONDS:
Evans made a motion to set a bond for $12,000 for Appl. 09-25P, Hidden Woods Subdivision. Pacekonis seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to release the landscaping bond in the amount of $5,000 for Appl. 07-64P, Wentworth Park. Sullivan seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to release the IWA/CC bond in the amount of $5,000 for Appl. 05-02P, Emerald Green Stormwater. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
Sullivan made a motion to release the IWA/CC bond in the amount of $5,000 for Appl. 05-03P, Teaberry Estates E & S. Abrahamson seconded the motion. The motion carried and the vote was unanimous.
MINUTES:
The minutes dated July 28, 2009 and August 18, 2009 have been approved by consensus with minor revisions.
OTHER BUSINESS:
Request for two 90 day extensions for the recording of mylars for Appl. 09-25P, Hidden Woods Subdivision
Evans made a motion to approve the above mentioned request. Sorenson seconded the motion. The motion carried and the vote was unanimous.
Dan Van Horn asked about the Avery Street drainage project and wanted to know why the side walk is not being finished.
Lipe mentioned that the project is primarily for drainage improvements and in the past residents of Avery Street were not supportive of sidewalks.
Evans mentioned that planning staff should review the original approval letter for Nomads in regards to outdoor events
ADJOURNMENT:
Pacekonis made a motion to adjourn the meeting. Moriarty seconded the motion the motion carried and the vote was unanimous.
The meeting ended at 9:48PM.
Respectfully submitted
D. Maria Acevedo
Recording Secretary
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