Note: Minutes not final until approved at subsequent PZC meeting.

Transcription

1 M I N U T E S Guilford Planning & Zoning Commission Regular Meeting & Public Hearing September 17, 2014 Nathanael B. Greene Community Center, 32 Church St. 7:30 P.M. Menunkatuck Room (2 nd floor) Note: Minutes not final until approved at subsequent PZC meeting. Members Present: Walter Corbiere (Secretary), Richard Wallace, Joshua Hershman, Frank D Andrea, Richard Meier (Chairman), Tom Cost (Vice Chairman), Ray Bower Members Absent: Alternates Present: Alternates Absent: Staff Present: (7 Voting) Video: Shannon Gale Audio Recording: Digital Philip Johnson Regina Reid, Zoning Enforcement Officer; George Kral, Town Planner; Katie Arbuckle, Administrative Assistant; There were approximately 20 people in attendance. Chairman Meier called the meeting to order at 7:35 P.M. and explained meeting procedure to those present. He then introduced the members of the Commission and staff: Wallace (V), Corbiere (V), Hershman (V), Meier (V), D Andrea (V), Bower (V), Cost (V) Johnson (alt); Staff: Reid, Kral, Arbuckle. Cmsr. Corbiere read the legal notice. Decisions of this meeting are available the day after the meeting by calling the Planning & Zoning Office ( ) after 9:00 AM. PUBLIC HEARING 7:30 PM Menunkatuck Room 1. Joseph DiPiazza, 25 Waterside Drive, Map 8, Lot 61, Zone R-2. After the fact coastal area management site plan stone steps Upon a motion by Cmsr. Wallace and seconded by Cmsr. Corbiere, it was unanimously voted to open the hearing. Present for the applicant: Joseph DiPiazza Built stairs from the lawn to the beach, have lived there since the late 70 s. The seawall was built after original house was destroyed during Hurricane of There were wooden steps that were washed away. Many years later decided to rebuild, need for permit never occurred to me. Were not damaged during Sandy. Sudden storms also occur on the cove. Not a pollution problem, made use of seawall. Mr. DiPiazza read an from David Marks 31 Waterside Drive with no objections to the stairs. Was built over boulders that were there. Cmsr. Hershman read Environmental Planner Kevin Magee s memo into the record. Ms. Reid explained this application was triggered during an inspection of the property with the Health Director and remembered that there were no stairs there in the past. The areal from 2005 do not show stairs. Corbiere: is staff concerned with how they were constructed? Reid: no, John Gaucher looked at it and said it was not an erosion control structure. Was just built without a permit and needs a permit. DiPiazza: there are stone steps at other houses down the road.

2 Upon a motion by Cmsr. Corbiere and seconded by Cmsr. Hershman, it was unanimously voted to close the hearing at approximately 8pm. 2. Sullivan Farm North LLC, 2945 Boston Post Road, Map 83, Lot 5A, Zone TS2. Two lot subdivision. Upon a motion by Cmsr. Cost and seconded by Cmsr. Wallace, it was unanimously voted to open the hearing. Present for the applicant: Eric and Todd Anderson This area was part of the old apple orchard. It is for a one lot subdivision, the house, barn and produce stand area was the first cut. The lot will be 4.16 acres in the TS2 zone, it meets all the zoning requirements. There is a 60 access way for future access on the other lot. This lot has a house and large concrete building which will be removed. Have received wetlands approval. Cmsr. Hershman read a letter from the New Haven Farm Bureau into the record. Cmsr. Meier read an from Frank Ferro into the record Cmsr. Hershman read Health Director Dennis Johnson s memo into the record. Cmsr. Cost read the IWC approval into the record. Eric Anderson: We are here for a one lot subdivision, the letters are more appropriate for a site plan. Cmsr. Bower: is the lot conforming? Kral: yes Corbiere: will parcel A be affected? Eric Anderson: Parcel A contains the house and is 2 or 3 acres. All the land to the back is just other land, it is not designated A or B. Corbiere: 35 acres was zoned for TS2 this is part of the 35 acres? The easement are we creating that? Eric Anderson: Correct it is TS2, Parcel A is a by right first cut, since this is a second cut need to come here. The 60 strip of land is part of the remaining acres, the people looking to purchase want to use this, and the easement is for the benefit of parcel B. Elssa Green: I sit with the West End committee, went to Old Saybrook, this facility is over by the car lots, it is situated sideways so not see a parking lot. As this area is the gateway to Guilford, don t want a parking lot with chain link fence. That will unravel everything we were thinking for the area. Is there a way to not see the parking lot? Eric Anderson: are way ahead as there is currently no purchase. What and where is going to be part of the process weather its Tractor Supply or someone else. Meier: this in only for carving out a piece of land. Wanda Pantoni, North Branford, Mr. Sullivan had always told me the whole area will be developed eventually. I am for this, all for the person who wants to purchase and help with taxes, in any town. It s a great idea. Upon a motion by Cmsr. Wallace and seconded by Cmsr. Cost, it was unanimously voted to close the hearing at approximately 8:20 pm 3. Sunset Creek Development, 353 Stepstone Hill Road, Map 92, Lot 15, Zone R-4 & R-5. Special permit accessory apartment in an accessory structure and office in an accessory structure A. Present for the applicant: Jim Goodrich The property used to be the Gozzi Property at the corner of Nutplains and Stepstone, the house in question at the time of purchase, I didn t think had merit in anyway. It has come to my attention it is actually a historic building. The approval says the building will be demolished. The inside is a curved plaster ceiling. Joel Helander and Carl Balestracci looked at the house it was built in 1833 moved several times, finally to this site in In 1931 it was an active school house. Don t want to get rid of it, moving is not an option, the chimney is fragile, it s a demolish or keep. Would like to keep. In Joel s book Treasury of Guilford Places, there is a brief write up (submitted). Want to fix it up and use as an apartment and office. Kral: the office would be a home office not a rented one, and an accessory apartment to the new home. Cmsr. D Andrea read Health Director Dennis Johnson s memo into the record. Cmsr. Wallace read Environmental Planner Kevin Magee s memo into the record. Reid: they are asking for a home office and apartment, when the house gets built with special permit this structure can be used as a home office and apartment. Guilford Planning & Zoning Commission Page 2 of 9

3 Bower: when they build the house would like to turn this into an office or apartment which is allowed. Upon a motion by Cmsr. Cost seconded by Cmsr. Wallace, it was unanimously voted to close the hearing at approximately 8:30pm. 4. DDR Guilford, 1919 Boston Post Road, Map 79, Lot 34, 35, 36A, Zone SCW. Special permit and site plan for restaurant with drive-thru service A(5) and outdoor seating Q(1)(A). Upon a motion by Cmsr. Wallace and seconded by Cmsr. D Andrea, it was unanimously voted to open the hearing. Present for the applicant: John Knuff, attorney; Chris Gagnon, engineer Asking for two special permits outdoor seating and a drive-thru. Letters went out and the sign was put up. In 2008 and July have always contemplated a restaurant. The outdoor seating is an anomaly, always had outdoor seating but not directly for a restaurant. The building to the left of driveway is the out parcel. Building A has outdoor seating but no drive-thru, the only location would be the out parcel. Went through DRC with pavement patterns and everything. 4 tables with 16 seats. The pick up window on southern portion, order station and cueing along side, casual sit down, not fast food or white table. Drive-thru doesn t drive a large portion of sales, not particularly convenient for grabbing coffee, not prototypical McDonald s or Dunkin Donuts. It is 400 approximately to the closest neighbor. Drive-thru significant distance to Route One not a quick in and out. Meier: 400 seems like a long distance, are there additional speakers? How late will lights be on? Knuff: there is no loud speakers or outdoor speaker, just normal conversation noise. Lights will be on 1 hour after close for employee safety. Meier: Potentially could be 24 hours operation, appropriate time frame? Drive-thrus typically run later. D Andrea: does the stacking meet the state requirement? Knuff: yes sufficient cueing. The speaker board is on the left side not rear of building. Corbiere: how differentiate fast food vs. casual? Knuff: Fast food generates traffic, the state traffic administration would have required us to redo our permit if it was fast food. Are not doing that. Wallace: lighting was addressed in the original wetlands approval I believe. They may not have a tenant with a drive-thru. Knuff: correct, talking to some who may want a drive-thru want to be as attractive as possible. Hershman: in Guilford all are non conforming, how important was the drive-thru to continue on? Knuff: very nice amenity, would be less than it could be without a restaurant. Cost: not names of the specifics but casual dinning, like Chili s or Carrabba s? D Andrea: there website has lots of them listed, Panera s, Chili s Moe s, 5 guys etc. Corbiere: Have represented that the grand opening will be fall of 2015, is the rise or fall of it on the drive-thru? Knuff: Are you asking if project will fail without drive-thru? No. No negative impacts. The traffic engineer manual for traffic doesn t have a standard for this type of restaurant because it doesn t generate that much traffic. It broadens scope of tenants. Cmsr. Hershman read Chris Widmer s memo into the record. Sandra Wilson: Last July stated that the snow would be behind the building. Will that still work with the Drive- Thru? Chris Gagnon: There is still area where it could be stored. Wilson: if it is casual sit down why have a drive-thru? Knuff: format seeing more and more of. Have not seen a lot physically but working with a number of others in other locations. Wilson: seems like a bad spot not going to walk there with my 5 kids if shopping at the other stores. Elsa Green: we drive cross county few times a year, stopped at many with casual without drive-thrus. D Andrea: it is a relatively new concept. Hershman: seems like natural progression, Chili s has stop and go spots. Cliff Snyder: don t know, 5-10 minutes, line back up around building. Not order wait minutes, going to have to be fast food, can t put food together that fast. Knuff: it won t be fast food. Retailers know the markets and what works. Fast food drive-thru is about 70-80% of the income. Can t be a McDonalds, only one ordering station. Dawn Williams: Semantics seems like describing fast food. For slow food I have to wait. Could have a McDonald s, there is one in Southbury buried off the highway. Guilford Planning & Zoning Commission Page 3 of 9

4 Knuff: all know what s fast food. Williams: no Knuff: have different definitions. Meier: we don t want fast food, what else don t we want? Williams: noise, very disruptive increase in traffic and trash Brian Dinse: In Seymour Ct off Route 64 there is a McDonalds that gets no business, yet by exit 19 there is a casual dining near the round about with a drive thru for either call ahead or something quick like coffee or bagel that s great. Wallace: looking at evolution of business. Banks and pharmacies never had drive thru s before. Cafiero: is there a stop light? Commercial falls into the noise ordinance, may put to rest if they have to abide by. Knuff: yes there is a traffic light. Bower: would be bound by the noise ordinance one way or the other. McGlone: DDR did not request a drive-thru, Table 5 recommended. The three other food service in town are thriving if include one it may make the Rockpile more attractive. Need to be careful on limitations of percent income as that may change over time. The outdoor seating just about everyone has as customers like to have. Debra Abbot: it wasn t until had drive-thru s that saw trash in West Woods. Tony Abbot: Restaurants have a high turn over, what is being asked for, seems like approving a blank check. Knuff: the use can be regulated but not the user. National retailers don t open without know will succeed. Tony Abbot: specifics of use, any use that has a drive-thru? What else would you like to regulate? Cost of fast food clean up? Impacts property values, and traffic. Hershman: if put in Chili s with a drive thru vs. without a drive thru which would already be allowed what are the impacts? Wilson: I believe the lighting was cut off at 10pm in the 2008 approval. D Andrea: the development will continue one way or the other. Bower: this will not change that. Kim Brockett: concerns with lights of cars, cueing exhaust from idling cars, sounds will travel Knuff: there is an amount of vegetation, adding quite a bit to the north. Waiting lighting will point towards Route One and into the site. Williams: what type? Evergreen or deciduous? Knuff: Both, regulations don t say anything about pollution. D Andrea: need more scientific proof that idling is more that a car on and off. Wilson: there is a regulation for schools that cars can t idle for more than 10 minutes. Meier: is it the type of food that you would pick up and go eat in the parking lot? Knuff: more take home or office and eat with fork more than hand. Upon a motion by Cmsr. Hershman and seconded by Cmsr. Corbiere, it was unanimously voted to close the hearing at approximately 9:40pm. 5. Amend sign requirements SCW zone (Open & Continue to 10-1) Present for the applicant: John Knuff, attorney In 2008 asked for a revised signage plan which was approved. This new plan has been fully reviewed by DRC. The entrance sign and way finding sign motif was changed a little. The façade signage will be tiered in size. The larger the store the bigger the sign size. No rear signage on building B, building A will have some on all 4 sides. No blinking lights, they will be illuminated. Meier: how big will the signs be? Knuff: the largest size will be towards 95 and 3 high. Cost: no neon signs? Knuff: no, they will be internally lit or dimensional letters. Similar to Clinton Crossing. The signage is tied to the footage of the store. Kral: DRC has carefully reviewed this and it fits the character and type of shopping center. It s not significantly different than the 2008 one. Hershman: previously signs were allowed to be 48 tall. Kral: The commissions sign regulations are complicated. Basic signage DRC created the language and it was approved by PZC. In 2008 did specific signage for DDR. DRC reviewed and recommended to PZC which is currently in place. The new plaza has a different character and requires different signs. DRC has reviewed thoroughly. No individual signs are being approved now. Pursuant to new regulations, Guilford Planning & Zoning Commission Page 4 of 9

5 Reggie and the committee would approve individual signs. The types of signs are allowed elsewhere in town. Knuff: The hearing needs to be kept open for a second meeting. I would request that to be October 15 th as I will be out of town for October 1 st. Kral: Reggie is the expert on signs and could elaborate on the 15 th. Upon a motion by Cmsr. Hershman and seconded by Cmsr. Wallace, it was unanimously voted to continue the hearing to the October 15 th meeting. 6. Amend I. TS2 maximum building size (Open & Continue to 10-1) The current regulation is a little confusing with 25,000 sq ft, 30,000 sq ft and 50,000 sq ft. If a building is less than 25,000 sq ft could the additional be outdoor display or cumulative. A number of places in town had or have outdoor display. The PV2 zone specifically says size shall not include outdoor display. Other zones don t mention it at all. Kral: When this was discussed at zoning the interpretation regarding max store size included outdoor. Currently there is no limit, just total coverage. Resolve ambiguity clarifies that it is in excess of. D Andrea: will there be an outside point of sale Kral: hadn t thought of that. Only products that are typically used outside, only 25,000 sq ft total for a single retailer, prospective tenant requires a lot of outdoor space. It was drafted to prohibit a big box, didn t think about retail uses with outdoor like landscaping products. Cmsr. Hershman referenced the New Haven Farm Bureau letter read earlier in the meeting. Hershman: under current wouldn t it be possible? Kral: don t necessarily need but want to be clear. McGlone: It could be allowed without the language change, the building is under the requirement and never took into consideration outside. Hershman: if allowed why change. Kral: would rather know for sure than leave it up to interpretation. Corbiere: If have a 19,000 sq ft building then would have 6,000 left for outdoor. Kral: that is one interpretation. Bower: or unlimited, but it would be nice to know and then conform. McGlone: another possible option instead would be a percent of lot coverage. But if on a small lot could be a big thing. Bower: on a large lot it could be miles though. Ed Dinse: TS2 is supposed to be a mild form of commercial, now working on a more liberal end of it. Bower: there are a number of permitted uses and it fits in with the uses. Meier: is this specific to tractor supply? McGlone: no, a land use. It may be a different client tomorrow. Meier: what is the worse case scenario it could look like? McGlone: what s pretty is subjective. Kral: all of it has to be approved by site plan. Kim Brockett: Here with two hats one as a representative of the Agricultural Society, lots of residents are in support and may drive hour, hour and a half to get supplies, it supports farmers and trades man. My own hat, in the last 3 years I have made over 40 trips to my supplier over an hour away. Up until Old Saybrook, Griswold and Enfield were the closest for a Tractor Supply. There is not one in New Haven County. Mary Sullivan: I live next door and in support. Upon a motion by Cmsr. Corbiere and seconded by Cmsr. Hershman, it was unanimously voted to continue the hearing to the October 1 st meeting I. residential units in industrial zones. Kral: There are two references currently one says one per lot another 1 per acre. Needs to be fixed to 1 per acre. It is accessory to industrial use. Upon a motion by Cmsr. Hershman and seconded by Cmsr. Bower, it was unanimously voted to continue the hearing to the October 1 st meeting. 7. Amend 273-2, Table 5 and add F Adult Oriented Facilities (2 nd hearing date) Guilford Planning & Zoning Commission Page 5 of 9

6 Upon a motion by Cmsr. Cost and seconded by Cmsr. D Andrea, it was unanimously voted to continue the hearing to the October 1 st meeting. REGULAR MEETING APPROVAL OF REVISED AGENDA Upon a motion by Cmsr. Hershman and seconded by Cmsr. Corbiere, it was unanimously voted to revise the agenda to hear items under C now then proceed to A. A. DELIBERATION OF PUBLIC HEARING ITEMS DiPiazza Upon a motion by Cmsr. Cost and seconded by Cmsr. D Andrea, it was unanimously voted to approve the Voted: That the Guilford Planning and Zoning Commission approve a Coastal Management Site Plan application for Joseph DiPiazza, 25 Waterside Drive, Map 8, Lot 61, as shown on an application dated 8/13/14, and as heard at a Public Hearing on September 17, This application is approved based upon a finding that it conforms with the Zoning Code and is consistent with the Coastal Management policies of the State of Connecticut. Great presentation No opposition The motion carries Sullivan Farm North Upon a motion by Cmsr. Cost and Seconded by Cmsr. Hershman, it was unanimously voted to approve the Voted: That the Guilford Planning and Zoning Commission approve a Subdivision application for Sullivan Farm North LLC, 2945 Boston Post Road, Map 83, Lot 5A as shown on Record Subdivision Map Parcel B, Property of Sullivan Farm North LLC, dated July 15, 2014, revised to , prepared by Anderson Engineering and Surveying Associates. This application is approved based upon a finding that it conforms with the Zoning and Subdivision Codes of the Town. If conforming lot approve Subdivision didn t require public hearing, you voted to have. The motion carries. Sunset Creek Upon a motion by Cmsr. Wallace and seconded by Cmsr. D Andrea, it was unanimously voted to approve the Voted: That the Guilford Planning and Zoning Commission approve a Special Permit for an accessory apartment and home office in an accessory structure for Sunset Creek Development, 353 Stepstone Hill Road, Map 92, Lot 15, as shown on an application dated 8/18/14 and as heard at a Public Hearing on September 17, This application is approved with the following conditions; 1. That prior to occupancy of the new apartment or office, the septic system serving the building shall be upgraded to current health code standards and the building shall be connected to the public water supply. Guilford Planning & Zoning Commission Page 6 of 9

7 This application is approved based upon a finding that it conforms to the Zoning Code. The Special Permit is effective on September 26, 2014 and upon filing with the Town Clerk. Meier: no problems, good to celebrate history. The motion carries DDR Guilford Upon a motion by Cmsr. Hershman and seconded by Cmsr. D Andrea, it was voted to approve the Corbiere: In reality it is going to increase traffic. Confused why they would represent it won t. Ultimately don t know effect, unwise to increase strain. Bower: traffic study already done, know what the study said and it wasn t contested. Don t know impact but what applicant said not conducive to mass traffic. Not a major contributor. The housing development is also getting built, can t see a restaurant increasing it. Meier: it s kind of nebulous, not fast foody, don t know what will be in year s open door to opportunity that may not be appropriate for the lot. May not be black and white. Bower: never will be. Wallace: being in retail it is not going to be a big draw. Bower: burden is on the applicant that the requirements have been met, traffic, property values, and neighborhood. They made representations did they make a sufficient showing. Hershman: already huge plaza how much more negative value with a drive thru? Buffalo Wild Wings can be more annoying than a Panera. Corbiere: it is consistently snarled when not handling DDR. Back up for the transfer station. D Andrea: when the gate is open there is no traffic for the transfer station. Hershman: what conditions would make it ok to have a drive-thru. In my opinion not going to increase. You seem to represent that no drive-thru should be allowed. These issues should have been brought up then. Corbiere: across from the dump is not appropriate. Hershman: is there a set of conditions? The West End Committee said no problem. Bower: why did we give the applicant false hope if there was no way one would be approved? Cost: if Panera went in and in 3 years left would the new tenant need to come back. Kral: only if a change in the physical configuration. Meier: already approved 115 homes across the street Kral: A major traffic study was done and DOT approved it with numerous improvements. If any changes DOT would require change. DOT said no, original stood, traffic generation would be the same that included the adjoining. Waldo is also required to pay some of it as well. DOT because of the nature did not or would not require additional conditions even though adding a drive thru. If it was fast food DOT would have required more studies. Corbiere: can it be limited to DDR Kral: Can t limit to owner. Could say no fast food. Bower: are we going to audit the books? Hershman: would you say 70% is fast food? D Andrea: if limit to 40% that can increase over time. Hershman: how often did table 5 discuss. Kral: quite a bit. When rockpile was morbid the concern was needed to do something to get it going again. Is it necessary to add a percentage? Johnson: can t project the future. INFAVOR: Cost, Meier, Wallace, D Andrea, Bower, Hershman OPPOSED: Corbiere ABSTAINED: none The motion carries B. SUBDIVISION Guilford Planning & Zoning Commission Page 7 of 9

8 C. SITE PLAN 1. Goose Lane Storage, 278 Goose Lane, Map 75, Lot 2, Zone I-2. Site Plan modification, outdoor storage. Present for the applicant: Daniel Carter Reggie and George substituted for DRC resolved some improvements, cleared brush that was allowed. Paint the gate. Kral: the improvements make sense. Move sailboat and wood to rear within six months. Possibly height requirement. Cost: the sailboat can t be on the home lot? Kral: The whole lot is industrial zone, if renting space for the boat that is a problem, but if his its ok. Reggie can look at where the boat is. Upon a motion by Cmsr. Hershman and seconded by Cmsr. Corbiere, it was unanimously voted to approve the Voted: That the Guilford Planning and Zoning Commission approve a Site Plan revision for Goose Lane Storage, 278 Goose Lane, Map 75, Lot 2, to allow outdoor storage as shown on Site Plan Proposed Mini Storage, dated received Aug 28, This application is approved with the following conditions; 1. That within six months of approval (by March 1, 2015), the sailboat and wood pile be relocated to an area that meets the 75 foot residential district boundary line setback. This application is approved based upon a finding that with the condition imposed it meets the requirements of the Zoning Code. Hershman: business owner has been put through the ringer, its not a public hearing were kind enough to invite discussion. The motion carries. 2. Long Hill Park, Long Hill Road, Map 85, Lot 1, Zone R-5. Site Plan modification construction of concrete rebound wall to be used for Lacrosse and Soccer. Present for the applicant: no one. This is for a concrete rebound wall. Upon a motion by Cmsr. Wallace and seconded by Cmsr. Cost, it was unanimously voted to approve the Voted: That the Guilford Planning and Zoning Commission approve a Site Plan revision for Long Hill Park, Long Hill Road, Map 85, Lot 1 to allow a concrete rebound wall for Lacrosse and soccer as shown on an application dated This application is approved based upon a finding that it conforms with the Zoning Code. Bower: is there a plan? Kral: yes, the edge faces long hill The motion carries. Cmsr. Hershman read a letter from John Ireland dated September 16, 2014 requesting the waiver. Upon a motion by Cmsr. Hershman and seconded by Cmsr. Cost, it was unanimously voted to waive the $100 fee. D. APPLICATIONS TO BE RECEIVED a. Special Permits Guilford Planning & Zoning Commission Page 8 of 9

9 b. Coastal Area Management Site Plan c. Site Plan d. Zoning amendments e. Subdivision E. CORRESPONDENCE 1. from Victor Anatra Cmsr. D Andrea read the dated 9/5. F. OTHER G. COMMITTEES H. APPROVAL OF BILLS 1. Shore Publishing none I. APPROVAL OF MINUTES 9/3/14 regular meeting Upon a motion by Cmsr. Cost and seconded by Cmsr. Hershman, it was voted to approve the minutes. INFAVOR: Cost, Corbiere, Meier, Wallace, D Andrea, Hershman OPPOSED: none ABSTAINED: Bower The motion carries Adjourn Then, with no further business before it, upon a motion by Cmsr. Corbiere and seconded by Cmsr. Hershman, it was unanimously voted to adjourn the meeting of the Guilford Planning and Zoning Commission at approximately 11:30 p.m. Respectfully submitted, Katie Arbuckle Administrative Assistant, Planning and Zoning Commission Guilford Planning & Zoning Commission Page 9 of 9