MEMBERS PRESENT: Patrick Kennedy, Bart Pacekonis, David Sorenson, Mario Marrero
ALTERNATES PRESENT: Frank Bonzani, Gary Pitcock and William Carroll came in at 7:35 PM
STAFF PRESENT: Michele Lipe, Town Planner
PUBLIC HEARING/COUNCIL CHAMBERS
Kennedy called the meeting to order at 7:30 p.m.
APPLICATIONS TO BE OFFICIALLYRECEIVED:
None
PUBLIC HEARING-COUNCIL CHAMBERS
The secretary read the legal notice as it was published in the Journal Inquirer on Thursday, March 10 and Thursday, March 17, 2011.
Kennedy appointed Bonzani to sit for Kuehnel and Pitcock to sit for Carroll.
- 11-02P, Kryla` Zoning Amendment II – request for a zoning amendment to Table 3.1.2A to modify 200 foot frontage requirement for MF A/AA zones to allow the reduction to 50 feet with specific design criteria
Peter DeMallie, Principal and President of Design Professionals presented the application. This is an amendment to the multi family zone. The proposed amendment states that if a developer puts the front yard set back further back, then the amount of frontage required could be reduced on a public street. In lieu of having to build a public street to get the required frontage, the developer could have a private street and not have to have a cul-de-sac that the Town would have to eventually maintain. The driveway that will be serving the development will also be private. When the applicant recently came before PZC informally we presented a concept layout for a development that showed a public road. Three possible scenarios were given to remove the public street that Town Staff did not
like. One was to get a zoning variance for the frontage needed; another one was to increase the frontage by purchasing land from abutting property owners; and the third option was to build a private street. Another option that was later considered was a zoning amendment to modify the frontage requirements for MF A/AA zones.
Lipe had the following Planning report.
- Applicant is requesting to modify the frontage requirement for a multi-family property which would allow a reduction in the required frontage based on setting the development back further off of the road.
- Under the current regulations, an applicant is required to have 200 feet of road frontage and structures are required to be set back a minimum of 75 feet. There is no buffer required along the road frontage.
- The Commission might want to consider requiring that the property have a minimum of 200 feet width parallel to the road before any structures. Also, this line is subject to a 25 foot buffer and we would recommend a minimum 50 foot front yard be added to ensure adequate distance from adjacent properties.
- Staff concern is that there is adequate screening of properties that may be adjacent to this development and would recommend that the access way be appropriately screened from adjacent properties. To accomplish this, the Commission may want to consider requiring a minimum of 60 feet street frontage.
- One advantage of this regulation is that it would allow the developer to propose a multi-family development without adding a short, town owned cul de sac street for the simple reason to get the appropriate frontage.
- If this amendment is approved the planning department requests consideration of the following provisions:
- The area where the frontage is parallel to the road, must be at least 200 feet in width and is subject to the 25 foot buffer requirement and an additional 50 foot front yard setback, i.e. 75 foot building setback (unless a greater setback is required by reduced frontage).
- The access area shall be excluded from 15 acre minimum requirement for establishing a MF zone and must be appropriately screened from adjacent properties.
- The street frontage minimum width is 60 feet.
CRCOG referral comments were read into the record. (See exhibit A)
An e-mail from the Town Engineer and the Director of Public Works was read into the record (see exhibit B)
There was public participation as follows.
Louise Evans, 1678 Main Street is concerned because if this zone change is passed it could pose traffic issues for residential areas. A developer could build multiple units under this zoning amendment and it applies to any place in Town. The proposals that the Town Planner has made would not remediate the traffic problem.
The secretary read the correspondence for the record. (See exhibit C)
Commissioners had questions and concerns as follows.
- Commissioners had concerns with the turning radius of the driveways
The applicant responded that the size of the road is what is typically allowed for an industrial road and the driveways are designed to meet the Town requirements.
- Commissioners asked if this zone change could apply to any multi-unit complex.
The applicant responded that the Commission decides where the multi family development will go in Town and it’s a two step process, zone change/general plan and then a site plan /special exception. The regulations require for the Commission to evaluate historic factors, traffic factors and many other factors while the application is before them.
Lipe responded that the zone amendment could apply to any multi- family complex proposed.
- Commissioners asked why the drastic change from 200 ft to 50 ft.
The applicant responded that what prompted the zone change was a previous denial of an application for a multifamily development with access on to an industrial road. The application was denied primarily due to opposition from industrial neighbors. In that previous application the developer was proposing to have access from a public road with over 1,000 ft of frontage. The industrial neighbors opposed this. They requested the applicant consider frontage from a different street. The applicant was able to acquire additional property that has a limited frontage which would require the applicant to build a public street that the Town would have to maintain. To avoid that the applicant has submitted the zone amendment that is before the commission now.
- Commissioners asked he applicant if other possibilities could be explored so that the regulations do not have to be changed.
- Commissioners requested for the applicant to look into acquiring additional properties to come up with the frontage needed.
- Some Commissioners would not be in favor of this zone amendment at this time until all other options are explored.
Mr. DeMallie requested that the commission keep the hearing open to discuss the purchase of additional property with his client.
The applicant submitted a drawing to show how the private road would look under the new proposed zone amendment. (See Exhibit C)
- Commissioners questioned if the Town was obligated to except a public road.
DeMallie mentioned that if a developer gets approved the town has to except it as a public road provided that it is built to the specifications of the Town requirements.
Commissioners Gary Pitcock recused himself from this application since he is a member of the Historic District Commission.
Pacekonis made a motion to continue the public hearing on the next scheduled meeting.
Wilson seconded the motion, the motion carried and the vote was unanimous
- 11-07P, Seth Walter, dba Silverleaf Woodworking, LLC, request renewal of a 5-year major home occupation for building custom furniture and interior woodwork at 63 Beechwood Lane, A-20 zone
Seth Walter is the applicant.
Lipe had the following Planning report.
This is an application for renewal of a 5 year major home occupation permit that was issued for a woodworking business known as “Silverleaf Woodworking,” located in the garage, at 63 Beechwood Lane, A-20 zone. The applicant business includes building custom furniture and interior woodwork, with the final finishing work done at another location.
With the original approval, the applicant added a two car garage with an additional garage bay for shop to the rear.
The applicant’s narrative indicates that he has no employees, and no retail sales, and no formal hours of operation. His business is generated via phone or email, and he typically visits the homes of his clients to discuss the work.
The applicant continues to meet the physical criteria for the home occupation. The area to be dedicated to the occupation is less than 25% of the total area of the dwelling. There is no need for additional parking since there will not be any customers visiting the site.
The applicant is allowed a two square foot sign, however does not have a sign.
The existing house is served by public sewer and water. The applicant will need to address how refuse collection of wastes will occur. The applicant has been advised that business refuse cannot be included in residential trash collection. The applicant should also address noise that may be generated from this business.
If this application is approved, the applicant will need to be required to return to this Commission for renewal upon expiration of the 5-year permit period.
There was no public participation.
Commissioners asked if there had been any complaints.
Lipe responded that no complaints have been filed.
The public hearing for this item was closed at 8:30 PM
REGULAR MEETING – MADDEN ROOM
PUBLIC PARTICIPATION: None
Pacekonis made a motion to nominate Patrick Kennedy for Chairman. Carroll seconded the motion. Wilson made a motion to close the nominations. Sorenson seconded the motion, the motion carried and the vote was unanimous.
Sorenson made a motion to nominate Pacekonis for Vice Chair. Wilson seconded the motion. Wilson made a motion to close the nominations. Marrero seconded the motion. The motion carried and the vote was unanimous.
Pacekonis made a motion to nominate Sorenson for Secretary. Wilson seconded the motion. Wilson made a motion to close the nominations. Carroll seconded the motion. The motion carried and the vote was unanimous.
No comments.
Wilson asked about sign regulations for political signs. Kennedy mentioned that political signs cannot be regulated because they fall under the 1st amendment political sings are except from zoning.
Wilson asked about the Gains property on the corner of Colony Road and John Fitch Boulevard which is in poor condition and looks like a blight issue.
Lipe mentioned that it is currently under violation and has been forward to the Town Attorney for enforcement.
- 11-02P, Kryla Zoning Amendment II – request for a zoning amendment to Table 3.1.2A to modify 200 foot frontage requirement for MF A/AA zones to allow the reduction to 50 feet with specific design criteria
The above mentioned public hearing was continued.
- 11-07P, Seth Walter, dba Silverleaf Woodworking, LLC, request renewal of a 5-year major home occupation for building custom furniture and interior woodwork at 63 Beechwood Lane, A-20 zone
Wilson 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 3/28/2016, and will have to be renewed at that time.
Only one non-resident employee can be hired.
Hours of operation are restricted to 7:00 a.m.-9:00 p.m.
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.
Pacekonis seconded the motion. The motion carried and the vote was unanimous.
BONDS:
None
MINUTES:
The minutes dated 2-8-2011 were approved by consensus with minor corrections.
OTHER BUSINESS:
Lipe read a letter into the record from the owner of Napa Auto Parts who is proposing to move his business to an industrial parcel and would like the Commissioners to consider allowing this use in an industrial zone.
Commissioners discussed the proposal and agreed that an Auto parts retail wholesale store is not similar to the current uses in an industrial zone therefore the applicant would have to come in with a regulation change if he wants to pursue that location (Exhibit 1).
ADJOURNMENT:
Pacekonis made a motion to adjourn the meeting. Sorenson seconded the motion. The motion carried and the vote was unanimous.
The meeting ended at 9:30 PM.
Respectfully submitted
PZC Approved on April 12, 2011
D. Maria Acevedo
Recording Secretary
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