TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut (203)

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1 TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut (203) First land deed from the Indians April 12th 1659 MINUTES MARCH 27, 2018 REGULAR MEETING - 7:00 P.M. SHOVE BUILDING, 281 MAIN STREET SOUTH MEMBERS PRESENT: Robert Clarke, Chairman Jon Quint, Vice Chairman Thomas Amatruda Ted Tietz MEMBERS ABSENT: Dave Lampart ALTERNATES PRESENT: Christopher Griffith Jack Well ALTERNATES ABSENT: Robert Maciulewski 1. REGULAR MEETING: a) Call to Order: The meeting convened at 7:00 p.m. b) Seating of Members/Alternates: Seated for the meeting were Member Commissioners: Mr. Clarke, Mr. Quint, Mr. Amatruda, Mr. Tietz, and Alternates Mr. Griffith and Mr. Well. c) Mr. Clarke read the Conflict of Interest regulations per CGS Section 8-11 and the Woodbury Town Charter Section 901 for recusal. d) Continue Regular Meeting After Public Hearings 2. PUBLIC HEARINGS: a) 18-ZC-1801 / Leroy Anderson Foundation / 33 Grassy Hill Road / Special Permit for Historic House Museum (Sec ) Charitable & Philanthropic Organization / Map 050 / Lot 008 / CH: 4/17/18. Mr. Rolf Anderson of Westfield, VT was seated at the table. Mr. Anderson summarized the plans for the Museum to include group tours. Mr. Clarke read the 'Voices' Legal Notice. The museum plans to be open from May 1st to October 31st and the first two weekends of December for the Woodbury annual Christmas festival. Discussion took place regarding group tours and events. Mr. Amatruda voiced concerns for capacity and events/fundraisers. Mr. Andersen stated that it would be a rolling attendance with no set up for large groups of people to attend at once. Mr. Clarke stated that if there is an event planned, Mr. Andersen should return for a Special Permit. Resident Ms. Sharon Feely of 475 Upper Grassy Hill Road questioned that if museum will stay within the existing footprint of the house with no change to the physical structure of the building. Mr. Clarke noted that this detail is within the Site Plan with the present structure maintained. Mr. Andersen described the parking situation of paved driveway for five cars and another with room for three cars. Zoning Commission Minutes 03/27/18 1

2 Mr. Clarke moved to close the Public Hearing; seconded by Mr. Quint. Vote: 5/0/0 in favor. b) 18-ZC-1803 / Harper / 689 Main Street South / Special Permit to Use Existing Commercial Building & Parking Lot to Operate a Commercial Gym & Fitness Center Pursuant to Sections & 8.5 / Map 102 / Lot 036 / CH: 4/17/18. Atty. Ken Slater - Halloran and Sage; Mr. Ray Harper - Fitness Center Owner; and Mr. Joe Santacruz - Manager, came to the table. Mr. Clarke read the 'Voices' Legal Notice. Mr. Slater spoke of available parking and small-group (8-10 people) training led by a trainer. There was discussion regarding amount of trainers and trainers, security and safety. Resident Michael Devino suggested striped parking. Mr. Clarke moved to close the Public Hearing; seconded by Mr. Quint. Vote: 5/0/0 in favor. c) 18-ZC-1804 / Town of Woodbury / Proposed Amendments to the Zoning Regulations Section 5.2 MQ - Middle Quarter - To Incorporate Mobile Food Units / CH: 4/17/18. Mr. Clarke read the 'Voices' Legal Notice. Mr. Clarke stated that there is no way we can approve this tonight per CGA Chapter 124 'Zoning'... "shall be referred to such Planning Commission for report at least 35 days prior to... [or at] the date of the Public Hearing... The report shall contain the findings of the Planning Commission, etc... and a statement of a vote of the Planning Commission... shall be read at the Public Hearing." Therefore, the Zoning Commission shall wait for the Planning Commission statement prior to proceeding. Clerk left the room to photocopy draft MQ for handouts. Meeting called to order. Mr. Clarke read through all changes. Two residents spoke up in favor of the revisions. Ms. Claudette Volage of 26 Barbara Lane questioned wording interpretation of 'having mobile food units in parks?' Mr. Clarke specified that mobile food units are allowed only within the Middle Quarter. Mr. Clarke moved to keep this hearing open until such time when we hear from the Planning Commission; seconded by Mr. Tietz. Vote: 5/0/0 in favor. d) 18-ZC-1802 / Amatruda / 45 Main Street North / Special Permit to Change Use of Lower Level from Residential to Retail / Map 105 / Lot 067 / CH: 4/17/18. Mr. Amatruda recues himself and left the room. Mr. Clarke unseated Mr. Amatruda and seated Mr. Griffith; he read the 'Voices' Legal Notice. Ms. Amatruda came to the table and produced certified mailings which were then date-stamped and filed. She has received a Historic District Certificate of Appropriateness for signage Ms. Amatruda described the business "The Painted Tree" and the 'yellow-house' building: 38% retail, 12% office and storage, and 50% residential. Parking is four (4) for residential use and seven (7) for business with one (1) of these being handicap- accessible. The parking spaces are primarily in between the yellow and white buildings. Hours of operation are seven days, 8am to 9pm. There are no employees; just the entrepreneur. Signage will be on the front corner of property, before the driveway. Mr. Clarke moved to close the Public Hearing; seconded by Mr. Quint. Vote: 5/0/0 in favor. 3. PENDING APPLICATIONS: a) 18-ZC-1801 / Leroy Anderson Foundation / 33 Grassy Hill Road / Special Permit for Historic House Museum (Sec ) Charitable & Philanthropic Organization / Map 050 / Zoning Commission Minutes 03/27/18 2

3 Lot 008 / CH: 4/17/18. Mr. Clarke unseated Mr. Griffith and reseated Mr. Amatruda. Mr. Clarke read the draft motion: WHEREAS, the Woodbury Zoning Commission (Commission) has received a Special Permit application, 18-ZC-1801 submitted by Rolf Anderson (agent) to operate a Historic House Museum (Philanthropic and Charitable Institution) at 33 Grassy Hill Road (Tax Assessor's Map 050/Lot 008); and WHEREAS, the Commission has received the following material: a. An application dated January 19, 2018; b. Agent Authorization Letter from the Leroy Anderson Foundation, Board of Directors dated January 18, 2018; c. Letter from Rolf Anderson dated January 18, 2018 describing the history and proposed use of the property d. An existing Conditions Map dated January 18, 2018; e. Letter to the Leroy Anderson Foundation from the Internal Revenue Service acknowledging 501(c)(3) status as a public charity, dated October 6, f. Memo from the Town Planner dated January 22, 2018 WHEREAS, a duly noticed public hearing was convened on March 27, 2018 to consider the application and receive public comment; and WHEREAS, the submitted plans, as detailed in this approval demonstrate conformance with the applicable zoning regulations of the Town of Woodbury; and WHEREAS, the Commission has carefully considered all the information submitted and received at the public hearing; NOW, THEREFORE, BE IT RESOLVED that the Woodbury Zoning Commission approves Special Permit application, 18-ZC-1801, (Map 050/Lot 008) for the operation of a Historic House Museum (Philanthropic and Charitable Institution) at 33 Grassy Hill Road (Map 050/Lot 008) as described on the submitted Zoning Commission application dated January 19, Add a WHEREAS, (before the RESOLUTION), that hours of Operation shall be May 1st to October 31 and the first two weekends of December. Mr. Clarke moved to approve the Application; seconded by Mr. Quint. Vote: 5/0/0 in favor. b) 18-ZC-1803 / Harper / 689 Main Street South / Special Permit to Use Existing Commercial Building & Parking Lot to Operate a Commercial Gym & Fitness Center Pursuant to Sections & 8.5 / Map 102 / Lot 036 / CH: 4/17/18. WHEREAS, the Woodbury Zoning Commission (Commission) has received a Special Permit application, 18-ZC-1803 submitted by Kenneth R. Slater, Jr. with Halloran & Sage (agent) on behalf of Ray Harper to use the existing building at 689 Main Street South (Map 102/Lot 036); as a Fitness Center; and Zoning Commission Minutes 03/27/18 3

4 WHEREAS, the Commission has received the following material: a. An application dated February 9, 2018; b. A letter of authorization from the property owner dated January 29, 2018; c. An agent authorization letter dated February 9, 2018; d. A copy of an A-2 survey showing existing property improvements including the building and parking areas, dated March 27, 2013; WHEREAS, a duly noticed public hearing was convened on March 27, 2018 to consider the application and receive public comment; and WHEREAS, the submitted plans, as detailed in this approval demonstrate conformance with the applicable zoning regulations of the Town of Woodbury; and WHEREAS, the Commission has carefully considered all the information submitted and provided at the public hearing; NOW, THEREFORE, BE IT RESOLVED that the Woodbury Zoning Commission approves Special Permit application, 18-ZC-1803, (Map 102/Lot 036) to use the existing building at 689 Main Street South (Map 102/Lot 036); as a Fitness Center as described on the submitted Zoning Commission application dated February 9, Add a WHEREAS, (before the RESOLUTION), that Hours of Operation shall be seven days per week, 6am to 1 1pm. Mr. Clarke moved to approve the Application; seconded by Mr. Quint. Vote: 5/0/0 in favor. c) 18-ZC-1804 / Town of Woodbury / Proposed Amendments to the Zoning Regulations Section 5.2 MQ - Middle Quarter - To Incorporate Mobile Food Units / CH: 4/17/18 - This item is pending approval from the Planning Commission, prior to motion. Tabled -- see 2. c), above. d) 18-ZC-1802 / Amatruda / 45 Main Street North / Special Permit to Change Use of Lower Level from Residential to Retail / Map 105 / Lot 067 / CH: 4/17/18. Mr. Amatruda recues himself and left the room. WHEREAS, the Woodbury Zoning Commission (Commission) has received a Special Permit application, 18-ZC-1802 submitted by Lisa Amatruda to change the use of the first floor from residential to retail at 45 Main Street North (Map 105/Lot 067); and WHEREAS, the Commission has received the following material: a. An application dated January 25, 2018; b. A letter from Lisa Amatruda describing the proposed business and associated parking dated January 25, 2018; c. Two sketches showing the dimensions of the proposed business and associated parking, dated January 25, 2018; Zoning Commission Minutes 03/27/18 4

5 d. A drawing showing the proposed signage; e. Minutes from the Planning Commission meeting on February 24, 2018; f. Minutes from the Historic District Commission meeting on March 5, 2018; and WHEREAS, under Section of the Woodbury Zoning Regulations the Commission referred the application,to the Planning Commission for its study and report; and WHEREAS, the Commission received the motion of the Planning Commission, which reviewed the application of February 14, 2018 in accordance with Section of the Woodbury Zoning Regulations and found that the proposed use of the site would be consistent with the Town Plan of Conservation and Development; and WHEREAS, the Commission received the motion of the Woodbury Historic District Commission, dated March 5, 2018, finding the application appropriate and issuing a Certificate of Appropriateness; and WHEREAS, a duly noticed public hearing was convened on March 27, 2018 to consider the application and receive public comment; and WHEREAS, the Commission has carefully considered all the information submitted and provided at the public hearing; WHEREAS, the submitted plans, as detailed in this approval demonstrate conformance with the applicable zoning regulations of the Town of Woodbury; and NOW, THEREFORE, BE IT RESOLVED that the Woodbury Zoning Commission approves Special Permit application, 18-ZC-1802 submitted by Lisa Amatruda to change the use of the first floor from residential to retail at 45 Main Street North (Map 105/Lot 067) as described on the submitted Zoning Commission application dated January 25, Mr. Clarke moved to approve the Application; seconded by Mr. Quint. Vote: 5/0/0 in favor. 4. NEW APPLICATIONS: Mr. Clarke unseated Mr. Griffith and reseated Mr. Amatruda. a) 18-ZC-1805 / 641 Main Street South, L.L.C. / 641 Main Street South / Special Permit to expand existing parking, perform grading, construct grass swale, construct boulder retaining wall, make modifications to existing detention basin / Map 102 / Lot 028 / OH: 5/17/18 At the table: Mr. Michael Devino - Owner along with Mr. Wolfe - Agent, 641 Main St. South, L.L.C. Mr. Devino - Owner, expressed workings with Wetlands regarding parking lot expansion to provide ample parking for patrons. The application went through the Wetlands Commission, who sent it out to Berkshire Engineering and Northwest Conservation with recommendations received to be noted through the revised application. A Building Permit is needed for the retaining wall and will be applied for through Wetlands Commission. Zoning approval is required prior to the Building Permit. An application for a marquee sign may be forthcoming. Zoning Commission Minutes 03/27/18 5

6 Mr. Clarke moved to have a Public Hearing on April 10th; seconded by Mr. Tietz. Vote: 5/0/0 in favor. 5. OTHER BUSINESS: a) Review of New Business / Birchwood Catering Co., L.L.C. / 121 Main Street North / BBQ Restaurant / Map 090 / Lot 007 / Zone: MSD & HD. Mr. John Bordeaux, Partner in Birchwood Catering came to the table. He has been before the Historic District with acceptances. Parking is 13 spaces with handicap closest to the building, and an alternate area for overflow. Due to not having Application or signed-off Special Permits, Mr. Clarke tabled this to the April 10, 2018 meeting at 'New Application' for Birchwood Catering to return with signed Applications through the Land Use Office and Town Planner - Ms. Maryellen Edwards (signage, etc.). 6. ENFORCEMENT REPORT: a) 16-ENF-0016/Julia Olsen/39 Transylvania Road/NPV (5/4), NVRVC (6/27), follow-up letter (1/30) Home based business without permits (Sec ) & possible junk yard (Sec. 3.2)/Map 036/Lot 053/Zone R40 A follow up letter was sent to Ms. Olson on January 30, 2018 reminding her of the previous violation notices and that a permit must be obtained to operate a landscaping business from the property. To date no response has been received. The Town Planner stopped by the property in November and spoke to the current tenant. He indicated he was unaware of the previous letters and indicated that he had been ill for several months. He indicated that he was not operating a junk yard but sold some of the items for scrap metal. The tenant was asked to move some of the items into the garage and he indicated some trailers would be removed due to the winter season. He was also asked to submit an application for the home based business. The land use office will send a letter to the owner with a copy of the application as soon as possible. Mr. Clarke mentioned the step of Cease and Desist action. b) 17-ENF-0009/Mason/858 Main Street North/NPV (4/25/17)/Operation of business without approvals from ZBA/Map 025/Lot030/Zone 0S60 At this time, a CO has not been issued; therefore the item has remained on the enforcement list. Mr. Clarke mentioned the step of legal action. c) 17-ENF-0015/Hoxha/330 Minortown Road/NPV (1/31/2018)/Operation of business without approvals and storage of commercial vehicles on the property/map 010/Lot007B/Zone OS60 A voluntary compliance letter was mailed out to the property owners in late July 2017 inquiring if a business ("Ryan's Masonry") was being operated from the property. No response has been received. Zoning Commission Minutes 03/27/18 6

7 The Land Use Enforcement Officer inspected the property from the road on 12/18/17 and determined that multiple construction/commercial vehicles were parked on the premises. A second voluntary compliance letter was mailed January 31, Mr. Clarke stated that if we do not hear back, Mr. Clarke will discuss with the Town Planner the Cease and Desist action. Mr. Amatruda expressed concerns that the ZEO issue a second NPV issuance. Mr. Amatruda motioned for enforcement that we direct the ZEO to send a NPV; seconded by Mr. Clarke. Vote: 5/0/0 in favor. d) 18-ENF-0001 / Sales / 328 Minortown Road / NPV (1/31/18) Temporary Garage/Structure without Permit (Sec 3.3.2) / Map 010 / Lot 008 / Zone 0S60 The property owner was mailed a letter from Bryan Baker on September 20, 2017 informing him of the unpermitted structure on his property and that it required a Zoning Permit. No response was received from the property owner. Gabe Rosen, mailed the property owner a second letter dated December 13, 2017 informing him again that the structure needs a Zoning Permit. A deadline for the submission of a Zoning Permit Application was made for January 12, The Application has yet to be received. The property owner called the Land Use Office after he received the second letter. He spoke with the LUEO and explained that he believed he was being harassed and that he does not plan on submitting an Application. The LUEO informed him that enforcement action would take place if he did not submit the Application by the deadline. A Notice of Possible Violation was sent on January 31, Section Enforcement "... verify the violation, then issue a verbal or written notification of the fact. Inform the individual... that possible violation will be listed under Enforcement at the next Zoning Commission meeting... The ZEO will determine and enforce...: proactive enforcement, reactive enforcement program, etc. Grace period... follow-up to determine compliance... Cease and Desist after second violation inspection... persistent violation." The Commission discussed the [second] Notice of Possible Violation grace period of one-year to the February 12, 2018 expiration. Mr. Tietz motioned that the ZEO send a Cease and Desist; seconded by Mr. Amatruda. Vote: 5/0/0/ in favor. e) 18-ENF-0002 / Antico / 43 Indian Lane / NPV (1/31/18) RV parked/stored within view from street and within front/side yards (Sec ) / Map 010 / Lot 060A / Zone 0S60 The applicant applied to ZBA and the public hearing was extended to April 16, No further discussion. f) 18-ENF-0003 / Bennett / 53 Hoop Pole Hill Road / NPV (2/28/18) Home Based Business without Permits (Sec ) / Map 040 / Lot / Zone OS100 Zoning Commission Minutes 03/27/18 7

8 A Notice of Potential Violation was sent to the property owner on February 28, No further discussion. g) 18-ENF-0004 / Carey / 37 Indian Lane / NPV (3/14/18) RV Parked/stored within view from street and within front/side yards (Sec ) / Map 10 / Lot 060 / Zone OS60 a) The property owner contacted the Land Use office and indicated that the RV was being used on a temporary basis. The owner will provide the Land Use office with a letter regarding the use and a timeframe removal of the RV. No further discussion. 7. PRIVILEGE OF THE FLOOR: No discussion. 8. UPDATES ON OTHER LAND USE BOARDS & COMMISSIONS: No discussion. 9. CORRESPONDENCE: a) Park and Styles Roads Quarry Reports - no complaints received. 10. CONSIDERATION OF MINUTES: 02/27/18 - Mr. Amatruda asked that the Clerk revisit the recording of Feb 27, 2018 and reissue the Enforcement Report on this item, for the April 10th meeting. Mr. Amatruda brought forth necessary revisions and to approve, as amended. What follows is the Clerk recording revisit, verbatim: a) 3.b) ENFORCEMENT REPORT: 17-ENF-0009 / Mason / 858 Main Street North / C&D (06/28/17), NPV (4/25/17 & 5/16/17),) / Operation of a non-conforming use without approvals from the ZBA (sec ) & Building being used/occupied as well as changed in use without a Certificate of Occupancy by the Building Official (sec ) / Map 025 / Lot 030 / Zone 0S60. This enforcement will be analyzed by Zoning looking into legal channels through the Board of Selectmen. Ms. Edwards will put this on the [March 13, 2018] March 27, 2018 agenda. Mr. Clarke motioned for legal analysis and placement on the [March 13, 2018] March 27, 2018 agenda. Mr. Amatruda seconded. Vote: Defeated. 2/1/1 - No majority vote. Mr. Clarke postponed the approval of minutes. The Fire Marshall is contacting the State, the Occupant is stretching out the process, the Owner is using all of his legal channels and believes that it might be appealed, he may know that this is moving through legal channels and that the Zoning Commission had requested that they move forward with legal action to the Board of Selectmen, it is going through the legal process, the Zoning Commission discussed sending it through the Board of Selectmen agenda, item will stay on Zoning list until it gets on the Board of Selectmen, via the Town Planner, for referral to the Town Council, this is a Safety and Health matter. Zoning Commission Minutes 03/27/18 8

9 b) 6.a) PRIVLEDGE OF THE FLOOR: Ms. Edwards voiced the necessary re-writes of the Zoning Regulations. Mr. Amatruda moved to add a new item to the agenda to discuss rewrite of the Regulations by an outside party. Mr. Clarke seconded. Vote: 4/0/0, in favor. Mr. Amatruda began the discussion to support Ms. Edwards in her request for funding. The Zoning Commission supports Ms. Edwards in her request for funding on the rewrites of regulations subcontracting. No vote. Clerk recording revisit verbatim: Ms. Edwards brought up the rewrite and it is still in the budget and has not been stricken from the budget, Mr. Griffith asks if it has gone to Finance, Ms. Edwards says it's a 'bucket' of proposed funding for Land Use through the Board of Finance for approval, Mr. Griffith iterated that this leans towards a professional/consulting rewrite, Mr. Clarke mentions that it is normally done by the Town Planner, or with the Town Planner and the Zoning Commission, Ms. Edwards desires a motion for a consultant so that the timeliness is of the essence and be brought before the Board of Finance, for the good of the public, Mr. Clarke stated that it doesn't preclude our continuing to review the regulations, the Zoning Commission would be involved in the selection on the consultant, Mr. Tietz made the motion; Mr. Clarke seconded it. Vote: 4/0/0, in favor with Mr. Amatruda voicing a unified front for the residents. Mr. Clarke moved acceptance of the motion. Vote: 4/0/0 in favor. 11. ADJOURNMENT: Zoning Commission adjourned at 10:15 pm. FILED SUBJECT TO APPROVAL Respectfully submitted, OkhZi*MAA406...S \)(PLCI A 6 6 Ms. Christina U. Porcelli Zoning Commission Clerk RECEIVED & FILED IN WOODBURY, CT This_c 98Ltday of CI 2013" at.45- o'clock 4At apecr. Tow Clerk Copies of documents and meeting audio are available at the Land Use Office Zoning Commission Minutes 03/27/18 9