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

Transcription

1 M I N U T E S Public Hearing March 18, 2009 Nathanael B. Greene Community Center, 32 Church St. Menunkatuck Room (2 nd floor), 7:30 P.M. Note: Minutes not final until approved at subsequent PZC meeting. Members Present: (7 Voting) Alternate Present: Staff Present: Shirley Girioni (Chairman), Robert Richard, Noel Hanf (Vice Chairman), Ray Bower, David North None George Kral (Town Planner), Regina Reid (Zoning Enforcement Officer), Dennis Johnson (Director of Health) and Donnette Stahnke (Recording Secretary). Video: Shannon Gale - Visual Clarity Audio Recording: Digital recorder Approximately 25 people in the attendance. Chairman Girioni called the meeting to order at 7:35 P.M. She then introduced the members of the Commission and staff: Richard (V), Girioni (V), Hanf (V), North (V), Bower (V); Staff: Kral, Reid, and Stahnke. Secretary Pro Tem Ray Bower read the legal notice for the meeting. 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. PDC, LLC: Property located on Boston Post Road. Map 78, Lot 13, Zones TS-2 & R-8. Change of zone on rear portion of lot from R-8 to TS-2. Article XV, Continued from Request to continue to April 1, On a motion by Ray Bower, seconded by Noel Hanf, the Guilford Planning and Zoning Commission voted to continue the public hearing for PDC, LLC, property located on Boston Post Road, to April 1, Don Ifkovic, Jr.: property located at 218 Water St. Map 32, Lot 95, Zone R-3. Municipal Coastal Site Plan Review for 2 new single-family dwellings on 2 different lots within 100 ft. of coastal resources Continued from Request to continue to May 6, 2009 On a motion by Noel Hanf, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted to continue the public hearing for Don Ifkovic, Jr., property located at 218 Water St. to the May 6, REGULAR MEETING APPROVAL OF REVISED AGENDA - Agenda revised 3/18/09 On a motion by Ray Bower, seconded by Noel Hanf, the Guilford Planning and Zoning Commission voted unanimously to approve the revised agenda. A. Deliberation of Public Hearing Items - None

2 B. Site Plan B. 1. Cindy Wallace (Black Eyed Susan Consignments): property located at 85 Whitfield St. Map 39, Lot 89, Zone C-1. Amendment to Site Plan to include mannequin in response to Cease & Desist Order B. Received 3/4/08 Tabled to 3/18/09. ZEO Reid as you can see from the photos, there is a mannequin that has been on display outside of the store. Ms. Wallace is seeking approval for a permanent outdoor display of merchandise. Chairman Girioni we have no existing regulations to govern this? ZEO Reid yes, she has to modify the Site Plan for her property Chairman Girioni we don t have criteria for it? ZEO Reid no we don t. Cindy Wallace, 85 Whitfield St. she needs to amend her Site Plan. The location of the store is on the 2 nd floor of the Monroe Building and there are no windows which makes it hard for people to find them. The mannequin is a nice visual which gets changed daily and lets people know where the store is. They are open from 11-5 Tuesday Saturday and it is taken in when they are not there. Comr. Richard does this also include the sign? Cindy Wallace the A-frame sign has been approved and it is the sign for the entire building. Chairman Girioni you are in the Historic District. Have you talked to them? Cindy Wallace they have no comments on it. MOTION: R.Bower 2 ND : R. Richard VOTED: That the Guilford Planning and Zoning Commission approve a Site Plan revision to allow the display of a mannequin at 85 Whitfield St., Map 39, Lot 89. The application is approved based upon a finding that it conforms with the Zoning Code. Discussion: Comr. Hanf the practice is to move it inside when the business is closed but do we want to make that a condition? Cindy Wallace we won t leave it out; it would disappear. It has somebody s consigned merchandise on it. Chairman Girioni I think that because the business is on the second floor, it is a hardship. How would you know the business is there? Cindy Wallace - it isn t even visible from the outside. Chairman Girioni has no opposition to this. Comr. Bower it seems a reasonable request. Comr. Richard was originally concerned about blocking the doorway but from looking at the picture, it is clear that it does not. APPROVED: IN FAVOR: R. Richard, S. Girioni, N. Hanf, D. North and R. Bower OPPOSED: None ABSTAINED: Motion carried Anthis/Rocco Corp. (Shoreline Diner): property located at 345 Boston Post Road. Map 49, Lot 29, Zone C-3. Revision to Site Plan. Add outdoor seating area for use May through September. Received 2/4/09. Tabled to 3/18/09. Chairman Girioni this has been before Design Review twice. This is the diner by the water tower. They were approved at Design Review this afternoon with recommendations. 8 tables are proposed with 4 chairs per table. They asked that the sidewalk, concrete area be extended by 5 feet to give more room and planters are to lined the edge of the pavement to prevent people from falling off. They asked that the applicant return with a landscape proposal showing what plants will be put into them. Comr. North how wide is the concrete now? 2 of 22

3 Nicolas Anthis, 345 Boston Post Road it is 5 wide now. Comr. North is there still going to be enough room for the driveway? Chairman Girioni there is 30 of driveway. TP George Kral this was discussed in great detail this afternoon. Nicolas Anthis provided brochures showing the tables, chairs and umbrellas. ZEO Reid the umbrella is plain with no writing. They are all the same color. Comr. Bower there are 8 tables and how many chairs per table? Chairman Girioni 4. DH Dennis Johnson, Director of Health when he saw the plan, there were two seats per table. There are now 4 per table. Nicolas Anthis there are 24 seats, 4 tables of 2 and 4 tables of 4. DH Dennis Johnson I had assumed 2 seats each because of the width of the sidewalk. The septic system for the property is right at the limit. It is designed for the total number of seats within the restaurant with a little bit extra. If there are now going to be 24 seats, this may be over the limit as far as seating capacity goes for the septic system. There is still going to be the same number of seats inside? Nicolas Anthis yes. Chairman Girioni 16 would be okay but 24 is too many? DH Dennis Johnson, can look at the water bills to make a better determination of usage. Chairman Girioni the Commission can approve what is being recommended by Dennis Johnson and then Mr. Anthis can meet with you and a determination made as to whether or not it can accommodate the extra 8 seats. Chairman Girioni read the memo from Dennis Johnson, Director of Health, into the record. All of the tables will be the same; all of the chairs will be the same; all of the umbrellas will be the same; there will only be 16 seats until some other number can be worked out with Dennis Johnson, Director of Health. MOTION: R. Bower 2 ND : R. Richard VOTED: That the Guilford Planning and Zoning Commission approve a Site Plan revision for Anthis/Rocco Corp. at 345 Boston Post Road, Map 49, Lot 29 for outdoor seating as shown on Site Plan Anthis/Rocco Corp 345 Boston Post Road, dated September 1, 1981, revised to January 12, This application is approved with the following conditions; 1. There shall be not more than 8 tables and 16 seats with a limit of up to 24 seats with the approval of the Health Department. 2. Existing sidewalk can be expanded by 5 where planters shall be placed along the driveway edge of the expanded sidewalk. 3. The applicant shall return to the Design Review Committee with a planting plan for the existing planting along the building edge and the new planters. This application is approved based upon a finding that it conforms with the Zoning Code of the Town of Guilford. Discussion Chairman Girioni planters will be placed along the edge of the sidewalk so people don t fall off. Comr. North if he doesn t have the septic capacity, he shouldn t have to expand the sidewalk to accommodate more chairs. Chairman Girioni no, Design Review said he needs the extra width so waitresses and customers don t fall off the curbing. Comr. Bower the approval is that he needs to do what the Design Review has requested. APPROVED: IN FAVOR: R. Richard, D. North, S. Girioni, N. Hanf and R. Bower OPPOSED: None ABSTAINED: Motion carried of 22

4 3. Whitfield St. LLC. (Craig Maturo ): property located at 33 Water St. Map 39, Lot 86, Zone VCD-1. Change of use from recreational to two restaurants spaces with combined seating of B. Receive 3/18 and request for action. On a motion by Robert Richard, seconded by David North, the Guilford Planning and Zoning Commission voted to receive the application for Whitfield St. LLC, property at 33 Water St. and take action. Greg Maturo, 33 Water St. provided a parking plan showing parking for the restaurants in his proposed food court complex. ZEO Reid compared seating area capacity to available parking places. Greg Maturo he did not calculate retail parking, just the restaurants. Chairman Girioni when Ballou s restaurant is heard, the parking plan for the whole complex can be addressed. She read the memo from Dennis Johnson, Director of Health, into the record recommended approval with conditions. ZEO Reid calculated the number of parking spaces needed. There are more than adequate parking spaces. Chairman Girioni to satisfy the change of use, the septic and parking have been sufficiently addressed. Greg Maturo after he obtains the change of use, he will be going to Design Review because he is proposing to add dormers and some other changes to the building. Landscaping will be addressed at that time. Chairman Girioni A landscape design needs to be provided when going to Design Review. After going to design review, you will need to come back to Planning and Zoning. Greg Maturo he is just trying to change the use for proposed tenants. They will have to come before the Commission for their approvals. Their leases state that they must get legal Town approvals. TP Kral if there are refrigerators or anything external to the building, they will have to come before P&Z for approval. Chairman Girioni encouraged the applicant to address the location of the dumpsters with ZEO Reid when they meet to discuss landscaping. Greg Maturo there will not be more dumpsters; they will be dumped more frequently. Chairman Girioni be creative with them. MOTION: R. Richard 2 ND : N. Hanf VOTED: That the Guilford Planning and Zoning Commission approve a Site Plan application for Whitfield St. LLC, 33 Water Street, Map 39, Lot 86 for a change of use to restaurant as shown on Site Plan and Floor Plan Whitfield Street LLC 33 Water Street, dated 5/11/09, prepared by TAS Architectural Design. This application is approved with the following conditions; 1. Prior to occupancy, the existing septic system shall be enlarged to accommodate waste water flow from the proposed food service establishments. This application is approved based upon a finding that it conforms with the Zoning Code. Discussion Comr. Richard this could be an interesting asset for the center of town. Chairman Girioni if the applicant can follow through with all of improvements: the parking, the landscaping, the dumpster, this is a great concept. APPROVED: IN FAVOR: R. Richard, D. North, S. Girioni, N. Hanf and R. Bower OPPOSED: None ABSTAINED: Motion carried of 22

5 C. Special Permit Frank M. D Andrea, Sr. (Anderson Engineering ): Property located at 534 Boston Post Road. Map 48, Lot 21, Zone TS. Municipal Coastal Site Plan Review (CAM) and Site Plan approval Construct one building to replace existing building and B. Received 1/21/09. Tabled to 3/18/09. Bob Mangino, Architect, 2514 Boston Post Road, Guilford As representative for the applicant he presented the plans for the development of 534 Boston Post Road. The applicant owns the Dunkin Donuts franchise next door to 534 Boston Post Road. The traffic from the drivethru currently turns left and crosses the parking lot in order to exit at the same curb break as the entrance. Traffic entering, that does not go through the drive-thru, turns left into that same area and if there is no parking, they must back out into incoming traffic. The applicant is purchasing the neighboring property to alleviate this problem, directing drive-thru traffic to the right thru 534 Boston Post Road where there is room for 5-6 cars to queue before exiting to Boston Post Road. It will also allow those people who pull in and find no parking to continue through instead of having to back up into incoming traffic. The property at 534 Boston Post Road will have a new stand alone two-story building, located as dictated by the location of wetlands and septic system with 7 parking places. Chairman Girioni is this creating another parking problem where thru traffic will impair the ability of parked cars in the 534 Boston Post Road parking spaces? Bob Mangino the heavy use time for Dunkin Donuts is between 6:30 AM and 10:00 AM. The retail space and office use for 534 will occur after that. Comr. Bower this may not be perfect but it alleviates a problem that currently exists. Chairman Girioni is this the normal way Zoning works: we allow an adjoining property to have parking spaces for the other adjoining property? ZEO Reid read joint use of parking for the Commission. Acceptable policy. TP Kral the applicant is not trying to address a zoning shortage on the Dunkin Donuts site; he is trying to address the fact that in reality, at certain peak periods of time, there may be a demand for additional parking spaces and he feels he has room for them on the 534 Boston Post Road site. Chairman Girioni he is supposed to have 11. TP Kral he is not reserving these spots for Dunkin Donuts. He technically has one extra space and the space for the apartment is likely to be open during the day as will the retail location space. Chairman Girioni what about the safety factor of people walking from those parking spaces past the drivethru? Comr. North there is a pause between cars pulling through the drive-thru when the cars have to stop to pick up their coffee and pay. Comr. Hanf asked to see the location of the existing Pepper s building. Eric G. Anderson, L.S., Anderson Engineering and Surveying Associates, 1054 Boston Post Rd, Guilford, Outlined the existing building and the proposed one. The Fire Department and Police Department are agreeable to the proposal. He stressed the advantages of the proposal as presented by Bob Mangino, stating that in his professional opinion this may not be the most perfect solution but it will improve the situation considerably. There is enough queue area for 5-6 cars before they even get close to interfering with the 12 parking spaces and the ability of those cars to back up. Chairman Girioni is concerned about creating another traffic problem on this lot in order to relieve the problem on the adjoining lot. Comr. Richard questioned what would be done to prevent people from pulling into the 534 Boston Post Road parking lot and driving through it and around to the drive-thru. Eric G. Anderson they can put up signs but there is always going to be someone that is going to try to go through regardless. He gave the details of the stormwater management system. John Gaucher from DEP had made some suggestions which have been incorporated into the plan. Dennis Johnson has approved the septic system. TP Kral This plan has been reviewed extensively by staff in numerous meetings inclusive of the Design Review Committee. Many alternatives have been explored. This is an improvement over what is there now for both this site and the Dunkin Donuts site. Improvement of traffic circulation and traffic problems are part of the Planning and Zoning Commission s responsibility. The thru-connection easement should exist as long as there is a drive-thru on the Dunkin Donut s property. 5 of 22

6 Eric G. Anderson if the applicant no longer had the Dunkin Donuts franchise, he should be able to sell 534 Boston Post Road without the encumbrance of that drive-thru traffic. The reason he is connecting the two properties with the ability to drive through is because he has the franchise. If he didn t have this franchise, he wouldn t be doing this. He is buying this property to stand alone, to have an office here, as an investment and to help the situation that he has on the Dunkin Donuts property. Comr. Hanf what if he sells the franchise for Dunkin Donuts, would he still allow the thru-traffic? To the extent that this is an improvement, if you subtract the improvement, you diminish the value. Eric G. Anderson that would have to be worked out between the two owners. Frank D Andrea, 14 Lantern Hill Road (applicant) as long as his lease is in force with the owner of the Dunkin Donuts property, that cut-thru would exist. If the lease was terminated he would have the right to deny it. Chairman Girioni you have permission for this cut-thru in writing from that property owner? Frank D Andrea yes. Comr. Richard as part of the Inland Wetlands approval, there is supposed to be a fence across the top of the retaining walls? Larry Appleton, Landscape Architect noted that the existing conditions are what dictate the landscape plan for the property. He explained the planting plan for the property. They will be preserving the very large willow tree. He pointed out the location of the erosion control fence and the existing chain link fence. Chairman Girioni there should be a master plan for signage. TP Kral staff did not address the signage for this building. A sign plan will need to be done. Chairman Girioni how visible is the dumpster? Larry Appleton it is visible. There is approximately a 6x4 black vinyl chain link fence in front of it. Chairman Girioni how wide is the landscaping strip? Larry Appleton overall it is 23. The evergreen hedge will be about 4 wide when planted. The caliper for the dogwoods will be 6-7. Comr. North was this all approved by Design Review? Chairman Girioni Design Review approved with the condition that the use be low volume so as to not increase the traffic. They approved the location of the building realizing that the septic location and the inland wetlands combined dictated that element. The goal of the Route 1 Guidelines is to have the buildings up close to the road and the parking on the side or in the back. That cannot happen here because of the wetlands and septic system location. Comr. North was the landscaping and the design of the building approved? Chairman Girioni yes. They have to go back for the signage because it was not on the application. They will have to do that before they are approved to build because it is part of the architecture. She read memos from Dennis Johnson director of Health recommended approval; James Portley Town Engineer approval with recommendations. There was no letter for the Police Chief for the Fire Department. TP Kral they did approve and were involved in the development of the project. Chairman Girioni she read the memo from Kevin Magee, Environmental Planner approved with recommendations. MOTION: D. North 2 ND : R. Richard VOTED; That the Guilford Planning and Zoning Commission approve a Site Plan and Coastal Site Plan application for Frank M. D Andrea Sr., for 534 Boston Post Road, Map 48, Lot 21 as shown on the following; Coastal Area Management Site Plan Willow Crest 2 sheets, prepared by Anderson Engineering and Surveying Associates, dated January 7, 2009, revised to 3/4/09. Architectural Plans, 534 Boston Post Road, 4 sheets, prepared by Robert Mangino, Architect, dated 1/5/09 revised to 3/15/09. Landscape Plans, prepared by Larry Appleton dated 3/18/09. This application is approved with the following conditions; 1. That prior to issuance of a building permit; Final plans including landscaping plans, lighting and signage be reviewed by the Design Review Committee. The Department of Transportation permit for the driveway be obtained. 6 of 22

7 2. That prior to issuance of a Certificate of Occupancy, all site work be completed and a landscape maintenance bond be provided. This application is approved based upon a finding that it conforms with the Zoning Code and with the Coastal Area Management policies of the State of Connecticut. Discussion Chairman Girioni there was a proposed easement for the vehicular traffic as long as there is a drive-thru on the adjoining lot. TP Kral Eric Anderson argued that that easement was inappropriate and not necessary as it would be self enforcing. Comr. Hanf argued for an easement and it was discussed at length. The duration of the easement could be limited to being as long as the present franchise owner operates a drive-thru on the adjoining property. Comr. North clarified the motion. Planning and Zoning has put restrictions on more drive-thrus in Guilford. If that restriction did not exist and he was allowed to put another drive-thru at another location on Route 1, he could simply buy another, larger property and put his franchise there. Our rules don t allow him to do that. Therefore, he has taken a substantial financial risk with his assets to alleviate the problem that he has by buying another piece of property and developing it hopefully so that it can stand alone and make some money while at the same time alleviating a problem with a business that he owns that is handcuffed to that property by our regulations. He is in favor of allowing this as long as he owns the property and has the franchise. He applauded the applicant for making an investment in the community and making an improvement on a property that he has that isn t working very well. He supports this without an easement that another person in the future would get the benefit of. Comr. Bower if the applicant wants to sell the property at 534 Boston Post Road and keep the franchise, then this property is burdened with that easement. TP Kral is easement is almost superfluous. APPROVED: IN FAVOR: R. Richard, D. North and R. Bower OPPOSED: S. Girioni, N. Hanf ABSTAINED: Motion carried Soundview Road, LLC (Thomas A. Stevens ): property located at Soundview Road, Map 42, Lot 118-4, Zone I-2. Municipal Coastal Site Plan Review for development of site plan for one-story building sized for office use within 100 ft. of coastal resources and B. Receive and schedule public hearing for April 15, Request to waive multiple CAM application fees. On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Soundview Road, LLC, Soundview road, Map 42, Lot and schedule public hearing for April 15, Soundview Road, LLC (Thomas A. Stevens ): property located at Soundview Road, Maps 41 & 42, Lot 118-5, Zone I-2. Municipal Coastal Site Plan Review for development of site plan for onestory building sized for office use within 100 ft. of coastal resources and B. Receive and schedule public hearing for April 15, Request to waive multiple CAM application fees. On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Soundview Road, LLC, Soundview road, Maps 41 & 42, Lot and schedule public hearing for April 15, Soundview Road, LLC (Thomas A. Stevens ): property located at Soundview Road, Map 41, Lot 118-6, Zone I-2. Municipal Coastal Site Plan Review for development of site plan for one-story building sized for office use within 100 ft. of coastal resources and B. Receive and schedule public hearing for April 15, Request to waive multiple CAM application fees. 7 of 22

8 On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Soundview Road, LLC, Soundview road, Map 41, Lot and schedule public hearing for April 15, On a motion by David North, seconded by Ray Bower, the Guilford Planning and Zoning Commission voted to require payment of only one CAM fee of $530. This motion was withdrawn. The history behind this request was given and general procedure was discussed. The motion was revised. Comr. Bower because there are three lots all together and this really is addressed as one application, there is probably a lot of duplicate work that won t need to be done. He would be in favor of only charging two fees and splitting the difference. On a motion by David North, seconded by Ray Bower, the Guilford Planning and Zoning Commission voted to require payment of two Coastal Area Management fees totaling of $1,060. D. Subdivisions Chapter Bluff Head Subdivision Section 9 (Criscuolo Engineering ): (Owner: Leisure Farms Limited Partnership, Dan Troiano) property located at Blue Hills Drive. Map 128, Lot 3, Zone R-5 (Cluster). Cluster Subdivision: 7 lots on 14.6 Acres Received 2/18/09 Jim Pretti, PE Criscoulo Engineering, Branford as representative for the applicant he explained that the project is for the last section of Bluff Head Subdivision. It is a 14.6 acre piece of property. Originally, the proposal was for 9 lots but it has been revised down to 7. He pointed out the location of the lots. The Health Department has approved the preliminary plans and will require an engineered septic system for each lot and more than likely, additional soil testing. The Inland Wetlands Commission approved this with the condition that a permanent 25 conservation easement be provided around the edge of the wetland as shown on the plan with split rail fencing placed along the edge with wetland delineation markers on the posts at 100. The Town Engineer has reviewed it as well. He has met with staff to work out the details. A new cul-de-sac will be provided for fire truck access and maneuverability. He gave details of the drainage and stormwater management. Mr. Portley has asked that two infiltration galleries be included and they will be included in the plan. Chairman Girioni read James Portley, Town Engineer s memo into the record approved with recommendations. She also read a memo from Dennis Johnson, Director of Health approved with conditions; and Kevin Magee, Environmental Planner approved with recommendations. ZEO Reid in response to questions raised by the request of staff to have the road resurfaced, she explained that the sand and gravel operation that the applicant has had at the end of that road has torn up the road. Chairman Girioni the sand and gravel operation is no longer functioning. The same developer that has built Bluff Head also ran the sand and gravel operation and he has a responsibility to repair this road. This condition is not included in the proposed motion. TP Kral doesn t imagine he would include this without first discussing it with Mr. Troiano. MOTION: N. Hanf 2 ND : R. Bower VOTED: That the Guilford Planning and Zoning Commission approve a Subdivision application, Bluff Head Subdivision, Section 9, Map 128, Lot 3, as shown on Bluff Head Subdivision, Section 9, 7 sheets, prepared by Criscuolo Engineering LLC, dated 1/05/09, revised to 2/12/09. This application is approved with the following conditions; 1. That in lieu of open space a conservation easement as shown be deeded to the Town prior to issuance of any Building Permits. 8 of 22

9 2. Prior to the issuance of any building permits, the developer enter into an agreement with the Board of Selectmen to reclaim and repave Bluff View Drive from Route 77 westerly as required by the Town Engineer. 3. An engineered designed septic system plan be provided for each lot. 4. The easement should be delineated with a split rail fence and wetlands markers placed on the fence at 100 intervals prior to the issuance of any building permits. 5. In addition to the wetlands markers Town of Guilford Conservation Easement markers be installed on the fence. Wording in the conservation easement should indicate that the owner of the property would be responsible for the repair and maintenance of the split rail fence. 6. The design of the extension of Blue Hills Dr. be in compliance with Guilford s road standards and include detention of rainfall in conformance with Town requirements. This application is approved based upon a finding that it conforms with the Zoning and Subdivision Codes of the Town. Chairman Girioni this is pretty complete and much more detailed that previously submitted plans. Comr. Richard big improvement over previous plans. Chairman Girioni It will be good to get that road repaired. APPROVED: IN FAVOR: R. Richard, S. Girioni, N. Hanf, D. North and R. Bower OPPOSED: None ABSTAINED: Motion carried E. Other Business Water St. Ice Cream (Jennifer Walker & Michelle Raiti ): property located at 23 Water St. Request to feature live music in outdoor courtyard Friday or Saturday evenings 4:00 7:00 June through August. Michelle Raiti, 23 Water St. explained that last year they had a local high school jazz band play twice during the summer and they would like to do it again this summer on a more frequent basis. It would be in the early evening approximately 4-7PM Chairman Girioni were there any complaints? Michelle Raiti none. There was good response. They spoke with their neighbors and they had no issues with the proposal. Comr. Richard given that it is just between 4-7 and there is will be no hard rock music, he has no issue. If it becomes a problem, then it is a noise ordinance issue. On a motion by David North, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to approve the request as submitted for Jennifer Walker and Michelle Raiti, 23 Water St. Ice Cream. 2 Paul Chello: property located at 715 Boston Post Road, Map 47, Lot 8, Zone TS. Request to renew permit to allow storage trailer for another two years. Chairman Girioni read the letter from Atty. Chello into the record. There have been previous extensions. ZEO Reid this trailer is at the back of the property. Comr. Richard there are two separate requests on the same property, this one and the one for Hocon Gas? Chairman Girioni yes. The property owner is making a request and the tenant, Hocon Gas is as well. 9 of 22

10 On a motion by Robert Richard, seconded by David North, the Guilford Planning and Zoning Commission voted unanimously to approve the request from Paul Chello to renew his permit to allow a storage trailer for another two years at 715 Boston Post Road. 3. Hocon Gas (Gerard LeFrancois ): property located at 715 Boston Post Road, Map 47, Lot 8, Zone TS. Request to renew permit to allow 2 storage containers for another two years. Comr. Hanf these trailers are near the building aren t they? Chairman Girioni but they aren t very visible are they? ZEO Reid no, they are behind a cedar fence. Comr. North it is an architectural fence. He did not even know they were there until he went back into that area. If they are coming before the Commission every two years because of visibility, this is not an issue. On a motion by Robert Richard, seconded by Noel Hanf, the Guilford Planning and Zoning Commission voted unanimously to approve the request from Hocon Gas to renew their permit to allow 2 storage containers for another two years at 715 Boston Post Road. F. Mandatory Referral Section Town of Guilford. - Mandatory Referral: Various School Improvement Projects being proposed for bonding. Chairman Girioni read the memo from the Board of Selectmen re: repairs to school properties as determined necessary by the Standing Building Committee. On a motion by Noel Hanf, seconded by Robert Richard, in response to the mandatory referral from the Board of Selectmen the Guilford Planning and Zoning Commission voted unanimously to approve the proposals regarding Calvin Leete School, Guilford Lakes School and Elizabeth Adams Middle School and such other school facilities as may be determined from time-to-time by the Standing Building Committee as set forth in the resolutions dated March 16, (see addenda) G. Correspondence Chairman Girioni asked about the CT Bar Association seminar. ZEO Reid it is March 28 th. There is no Town funding for this at this time. Chairman Girioni she is interested in going and will pay for it herself. Comr. Richard will do the same. H. Committee Reports Planning Committee will meet on Monday, March 23 rd at 4:15 re: low impact development. Zoning Committee Chairman Bower they met on Monday, March 9 th. He touched on the highlights of the meeting. (see addendum) CAM regulations workshop Friday 20 th. There is a public hearing for the Town s Coastal Area Management Plan on April 21, 2009, 7:30 pm at the Community Center. Nominating Committee is Bob Richard and Ray Bower I. Approval of Bills - None H. Approval of Minutes 3/4/09 10 of 22

11 On a motion by Robert Richard, seconded by Ray Bower, the Guilford Planning and Zoning Commission voted to approve the minutes of March 4, 2009 as submitted with David North abstaining as he was not in attendance. Adjourn There being no further business, and upon a motion by Mr. Bower and seconded by Mr. Richard, it was unanimously voted to adjourn the meeting at 10:30 P.M. Respectfully submitted, Donnette Stahnke March 25, 2009 # # # Guilford Planning and Zoning Commission Zoning Committee Meeting Minutes Monday, March 9, 2009 Town Hall South, Conference Room 5:00 p.m. (Minutes not final until approved at a subsequent meeting) Members Present: Members Absent: Staff Present: Guests: Ray Bower (Chairman) Shirley Girioni, Bob Richard, David North and Michael Scott. Tom Cost Reggie Reid, Zoning Enforcement Officer, Town Planner George Kral, Environmental Planner Kevin Magee and Donnette Stahnke, Recording Secretary. Harry Haskel and Joe Nugent from Guilford Preservation Alliance (GPA) The meeting was called to order at 5:00 PM. Items on the agenda were addressed in the order that best served the Committee. 1. Public Forum None 2. Discussion of stone wall protection Joe Nugent Chairman Bower Scenic Roads, was provided by TP Kral for review where the removal of stone walls was addressed. This became effective on 5/6/96. Comr. Girioni gave the history of establishing Scenic Roads in Guilford. Joe Nugent, GPA their concern is the protection of stone walls throughout the Town of Guilford. There are incidents were they are being sold and dismantled. Comr. Girioni are we discussing the stone walls that are on public right-of-way? Joe Nugent, GPA there is probably no jurisdiction over those on private property but he felt the ones that abut public right-of-way might be protected. TP Kral this ordinance only deals with those that are on or border town roads. This is directed to instances where the Town might be making improvements to a road that would potentially damage or remove a stone wall. If this occurs, according to the ordinance, the Board of Selectmen has to hold a public hearing to consider the impact of the proposed alterations or improvements on those elements that make it scenic such as mature trees, views and stone walls. This is true for any Town road but does not govern State roads or improvements on private property. 11 of 22

12 Comr. Girioni for alterations to the two State Scenic roads in Guilford, they have to come to the Scenic Roads Advisory Com. Routes 1 and 80 are the exception. Comr. Girioni questioned the possibility of protecting those in subdivisions. TP Kral you would have the authority to protect those within properties being subdivided, through the subdivision regulations. ZEO Reid Planning and Zoning has required preservation of stone walls as part of a subdivision approval. Comr. Scott that is discretionary. Chairman Bower if that was ever challenged, it might not stand up because it isn t specified in the regulations. Comr. Girioni it may be under the Archeological Regulations. EP Magee within the draft Archeological Regulations it was proposed that they could be protected within a conservation easement. Comr. Girioni suggested that Nick Bellantoni, State Archeologist, be invited to speak with them. He should be asked to suggest further protection possibilities. Comr. Scott surveyors could flag stone walls when mapping as they would the wetlands. Comr. Richard they could be included on Existing Conditions Maps or Site Plans Comr. North raised the question of the actual definition of stone wall. Comr. Scott the regulation should say that this will be a working relationship between the applicant and Planning and Zoning to determine if the walls should be kept or moved or removed. TP Kral will craft a regulation for further discussion. 3. New Business/Old Business Review Letter from Jackie Simonetti re: Wal-Mart expansion. TP Kral Jackie Simonetti, Economic Development, met with the owner of the Shoreline Plaza and there is a vacancy in the space next to Wal-Mart that they have shown an interest in expanding into but they are limited by Zoning Regulations on their amount of square footage. They are already larger than the maximum store size. She is proposing, a previously existing business can expand into existing, contiguous space not to exceed 20% of its current occupied space. Chairman Bower the only problem with that is it can then expand again, again and again and ultimately you end up with only Big Y and Wal-Mart in that plaza. Comr. Girioni it is contrary to all of the regulations in place now. Currently, it says they cannot expand into an adjacent space. Chairman Bower do we know if Wal-Mart is really interested in this? TP Kral he believes Jackie has spoken with them. Comr. Girioni there was a public hearing that was held where a large group of people turned out in opposition to Big Box in Guilford. This is the smallest Wal-Mart in the US because the residents did not want a large Big Box. ZEO Reid couldn t it be changed to say that it is allowed to expand one time? Chairman Bower from the land use perspective, what would it matter as long as there was no increase in footprint? Comr. Scott wasn t the issue really the impact it would have on the Village business economy. Aren t we supposed to be in support of small business? Comr. North Wal-Mart has integrated quite nicely and it seems quite natural that they occupy the space next door. ZEO Reid we could wait and talk with Jackie and confirm that Wal-Mart has asked for this. Chairman Bower concurred. ZEO Reid she will ask her to attend the next meeting. Currently, the regulations say that a single retail store use can t exceed 60,000SF and Wal-Mart is 80,000SF. Request from ZBA for P&Z to add a statement in the regulations defining how long a non-owner must live in a dwelling before being considered a resident. ZEO Reid explained the circumstances behind the ZBA appeal for the house on Cindy Lane that is being rented out for short term periods and the disturbance it was causing in the residential neighborhood. 12 of 22

13 Chairman Bower a portion of their problem was a police matter. ZEO Reid she issued a cease and desist order on the property and it was appealed. Though the ZBA wanted to agree with her, there was no regulation in place that defined how long a person has to live in a place in order to be considered a resident so they could not support the cease and desist order. Town Attorney, Chuck Andres said the best way to address this type of situation is to adopt a regulation establishing what residency consists of. Comr. Scott there are numerous houses along the shoreline that are rented short term. How can one owner have the right to do this and not another? Aren t there home owner associations to control situations like this? ZEO Reid yes, and they have voted to change their bylaws but the way their bylaws were originally written, the change will not take effect for three years. If the Town writes a regulation, Atty. Andres said it would not apply to those that already exist. Comr. North we do not need to write another regulation for this. If there is excess traffic, they can call the police. It is their association s responsibility to govern the use of the lake. Comr. Scott concurred. Comr. North if the police are called every time there is a parking or noise issue, the owner will have trouble renting it eventually. Chairman Bower they need to change their association bylaws and call the police each time a noise or parking issue arises. Comr. Scott if the neighbors are observing, on a weekly basis, that there are large parties with cars, then Dennis Johnson, Director of Health needs to be notified so the septic system use can be evaluated. ZEO Reid the use of this property is no longer residential Chairman Bower people are living there; they are not running a business so this is not commercial. The ZBA needs to be advised that the Planning and Zoning is not going to pursue this. If the neighborhood crafts a regulation to address this, the Zoning Committee will consider it. Discussion of signs inside of windows. ZEO Reid was approached about putting signs inside windows that consists of a film covering the entire window that prevents people from seeing in but allows visibility out. Anything can be printed on the film creating essentially a large billboard. Comr. North you might be able to argue that when it becomes a part of the glass it is actually the outside the building. Chairman Bower it is effectively lettering the window, which is regulated. Comr. North this is just another method of signing windows. It could be said that the Committee has reviewed the material and that this would be signing the window and would be regulated to the square footage associated with that. Comr. Girioni so this would be regulated as a sign. Comr. Scott there are two options. We either don t regulate window signs or we do. He would like to see some form of regulation of those signs eventually. This type of filming is equal to an exterior sign so it is subject to exterior sign regulations. Chairman Bower this is equivalent to an exterior sign so therefore it should be regulated the same way. 4. Approval of Minutes of the 1/12/09 meeting. Upon a motion by Mr. Richard, seconded by Mr. Scott, the Zoning Committee voted unanimously to approve the minutes of the 1/12/09 meeting as submitted. Upon a motion by Mr. Richard, seconded by Mr. Scott, the Zoning Committee voted unanimously to adjourn at 6:45P.M. Next scheduled meeting April 13, 2009, Town Hall South, 5 P.M. Respectfully submitted, Donnette Stahnke Administrative Assistant, Planning & Zoning 13 of 22

14 March 17, 2009 To: From: Kevin Magee, Environmental Planner RE: Bluff Head Subdivision Section 9 Bluff View Drive & Blue Hills Drive North Guilford, Connecticut Assessor Map 128 Lot 3 I have reviewed the Bluff Head Subdivision Section 9 plans prepared for Leisure Farms LTD Partnership, by Criscuolo Engineering LLC. The Guilford Inland Wetlands Commission at is February 11, 2009 regular meeting reportedly favorably on the 7 lot Subdivision with the recommendation that a 25 conservation easement from the approved wetland delineation line be created around the wetlands. The easement should be delineated with a split rail fence and wetlands markers placed on the fence at 100 intervals. The Inland Wetlands Commissions approval was for subdivision referral only. If the subdivision receives Planning and the Zoning approval, the applicant would need Inland Wetlands Commission approval for Regulated Activities to construct the road along with the development of subdivision lots 4, 5, 6, & 7. I recommend in addition to the wetlands markers Town of Guilford Conservation Easement markers be installed on the fence. Wording in the conservation easement should indicate that the owner of the property would be responsible for the repair and maintenance of the split rail fence. Prior to the issuance of any building permits the conservation easement should be deeded to the Town of Guilford and the split rail fence with markers be installed. 14 of 22

15 March 17, 2009 To: From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review 534 Boston Post Road Guilford, Connecticut Assessor Map 48 Lot 28 I have reviewed the Coastal Area Management Application and the Coastal Area Management Site Plan & Inland Wetlands Regulated Activity Plan, Willow Crest, 534 Boston Post Road, Guilford Connecticut prepared by Anderson Engineering & Surveying Associates dated January 7, 2009 and last revised March 4, No coastal resources are located at the subject property. However, the southern portion of the property contains a fresh water wetlands which flows into East Creek. At the February 7, 2009 Inland Wetlands Commission walk meeting, the commission voted to approve a regulated activity for the removal and replacement of the existing building, the construction of a parking lot and septic system and, installation of a stormwater management system as shown on Coastal Area Management Site Plan & Inland Wetlands Regulated Activity Plan, Willow Crest, 534 Boston Post Road, Guilford Connecticut prepared by Anderson Engineering & Surveying Associates dated January 7, 2009 and last revised January 29, Prior to any construction; a. Soil erosion and sediment control measures shall be installed as shown on the approved plan. b. That all installation shall be done by hand. c. That the Inland Wetlands Enforcement Officer be notified of such installation so that an inspection might be conducted to determine compliance and authorize commencement of construction. d. That there be a planting plan for the disturbed wetlands. e. Prior to issuance of Certificate of Occupancy for any lot, the Inland Wetlands Enforcement Office shall be notified so that an inspection may be conducted to determine that all soil erosion and sedimentation control measures have been maintained in the manner in which they were approved on the site plan and are in compliance. 2. A row of bright orange construction fencing as well as erosion controls shall be installed at the limit of landscaping / construction as shown on the permit map prior to the commencement of construction activities. The construction and silt fencing shall be inspected by the Inland Wetlands Enforcement Officer in the field prior to the commencement of construction activities. 3. Prior to the installation of the proposed gallery system and after select fill has been placed, the infiltration rate should be field measured to ensure drain times will meet 15 of 22

16 the criteria recommended in the 2004 CT Stormwater Quality Manual (0.3 to 5.0 inched per hour). 4. All catch basins should be fitted with inserts that capture sediment, organics debris, trash, and petroleum hydrocarbons. Such pollutants should be prevented, to the extent reasonably feasible, from entering the gallery system. Hooded catch basins are very ineffective at trapping all but the coarser material. There are numerous manufacturers that offer inserts that will serve this purpose. 5. A Trash Fence shall be installed on the retaining wall. John Gaucher of Connecticut Department of Environmental Protection (CT-DEP) Office of Long Island Sound reviewed the documents submitted to his office and recommended two minor changes to the plans. These recommendations were adopted by the Inland Wetlands Commission as Conditions 3 and 4 of the approval. In addition the Typical Detail Sheet Willow Crest 534 Boston Post Road, Guilford, Conn. prepared by Anderson Engineering & Surveying Associates, dated January 7, 2009 and last revised March 4, 2009 has been revised to show catch basin inserts that capture organics and debri. 16 of 22

17 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : March 17, 2009 SUBJECT : Anthis / Rocco Corp, (Shoreline Diner), 345 Boston Post Road, Map 49, Lot 29. The applicant s proposed 16-seat seasonal outdoor dining area will not adversely impact the capacity of the existing leaching system. Based upon site plan and septic system review it is recommended that the applicant s proposed use be approved. 17 of 22

18 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : March 17, 2009 SUBJECT : D Andrea, Frank; 534 Boston Post Road, Map 48 Lot 21 Soil test conducted on the applicant s site revealed suitable conditions for construction of a new septic system to serve the proposed commercial/residential building. Based upon soil test results and site plan review, it is recommended that the applicant s proposed use approved. 18 of 22

19 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : March 17, 2009 SUBJECT : Leisure Farms Limited Partnership, Dan Troiano, Blue Hills Drive; Map Lot 3 On April 29, 2005 soil tests were conducted on the applicant s proposed subdivision to evaluate suitability for construction of on-site septic system. Test results revealed well-drain soils with evidence of seasonally elevated water tables. Adequate area is available on each proposed lots to accommodate both wells and septic systems. Based upon soil test results, it is recommended that the applicant s proposed 7-lot subdivision be approved with the following conditions: 1.) Engineered designed septic system plans are provided for each lot. 19 of 22

20 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : March 17, 2009 SUBJECT : Whitfield Street LLC, Greg Maturo, 33 Water Street; Map 39, Lot 86 The applicant s proposed change in use to a food service establishment will increase wastewater flow to the site. Soil tests conducted on the applicant s property on February 21, 2009 revealed well-drained soils and the presence of a suitable reserve area to accommodate the proposed expansion of the septic system. Based upon soil test results and site plan review it is recommended that the applicant s proposed use be approved with the following condition: 1. Prior to occupancy, the existing septic system shall be enlarged to accommodate wastewater flow from the proposed food service establishments. 20 of 22