Members Present: Richard Meier (Chairman), Richard Wallace (Secretary), Frank D Andrea, Tom Cost, Joshua Hershman and Walter Corbiere.

Transcription

1 DRAFT MINUTES Guilford Planning and Zoning Commission Regular Meeting and Public Hearing, February 3, 2016 Nathanael B. Greene Community Center 32 Church Street, Guilford CT 7:30 P.M. Menunkatuck Room (2 nd floor) Members Present: Richard Meier (Chairman), Richard Wallace (Secretary), Frank D Andrea, Tom Cost, Joshua Hershman and Walter Corbiere. Members Absent: Richard Hudson Alternates Present: Phil Johnson & George Underhill Staff Present: George Kral, Town Planner Regina Reid, Zoning Enforcement Officer Lisa Brewer, Recording Secretary. Video: Michael Graziano Audio Recording: Digital Approximate number of people in attendance: 25 Chairman Richard Meier called the meeting to order at 7:31 PM and explained the meeting procedure to those in attendance. He then introduced the members of the Commission and Staff: Chairman Richard Meier (V) Secretary Richard Wallace (V), Frank D Andrea (V), Joshua Hershman (V), Walter Corbiere (V) & Tom Cost (V). Alternates: George Underhill & Phil Johnson Staff: Town Planner George Kral, Zoning Enforcement Officer Regina Reid and Recording Secretary Lisa Brewer. Decisions of this meeting are available the day after the meeting by calling the Planning & Zoning office at ( ) after 9:00 AM. Secretary Richard Wallace read the call of the meeting. Upon a motion by Secretary Wallace it was unanimously voted to open this meeting of the Guilford Planning and Zoning Commission. Chairman Richard Meier announced Alternate Phil Johnson will be voting tonight. Page 1

2 PUBLIC HEARING Anthony James Purificato WITHDRAWN; 174 White Birch Drive, Map 58, Lot 8 1, Zones R 3 & R 6; ReSubdivision for 1 lot. 272 Site visit scheduled for 1/30. The Cottage at Lake Quonnipaug, LLC CONTINUED to 2/17 for Mandatory Second Public Hearing Date (Arti Lakshmi Shetty Natarajan), 286 Lake Drive, Map 62, Lot 11, Zone R 3; Special Permit; Accessory Apartment in a detached accessory structure Upon a motion made by Cmsr D Andrea seconded by Cmsr Cost the Commission voted unanimously to open the Public Hearing for: Attorney Jeff Beatty and Todd Anderson will present on behalf of the Applicant. This is an application for a Special Permit for an Accessory Structure. Attorney Beatty reminded the Commission that the last application was denied without prejudice at the December 2 nd, 2015 Public Hearing. Attorney Beatty addressed each regulation as it pertains to this application: Attorney Beatty shared a field card showing the date of construction of all three buildings as He also shared a photo of the existing building B states the building needs to be existence for at least ten years and be required to have a bathroom, kitchen facility and at least one outside entrance Attorney Beatty presented a drawing of the proposed floor plan. The dwelling unit will meet these criteria. A Question from the last Public Hearing; since the applicant is a LLC, a new application was submitted and signed by a member of the LLC who understand the requirements and have agreed to comply by occupying one of the structures; Attorney Beatty shared a signed affidavit along with a copy of the applicant s passport as proof of residency. Chairman Meier questioned Attorney Beatty regarding the reason for this LLC. Attorney Beatty went on to explain that there are many reasons for an LLC, estate planning, legal, marriage etc. he further noted that this is a single member LLC he noted that anyone who is a member of the LLC can move in to this property, this property is a one person owner/member LLC. Conversation ensued regarding this topic with the bottom line is as stated above. The parcel consists of 33,880 square feet in an R 3 zone. The existing buildings and the proposed accessory structure satisfies the lot size requirement. The existing driveway will have a total of 5 parking spots exceeding the minimum required. There will be 887 square feet of living space in the proposed apartment satisfying the size. This project does not increase the nonconformity. The proximity of this structure is 48 feet from the side property line well over the required set back of 12feet. They have redesigned the exterior of the building to look like a carriage house. The septic size is based on number of bedrooms, the maximum number of bedrooms allowed for this property is 5 and this application meets the regulations. Questions arose regarding the look of the proposed accessory building Cmsr Hershman quoted which answers to the look of the accessory building. In his opinion the updated drawings has captured the carriage house look and feel as previously requested, Cmsr D Andrea and Cmsr Wallace agree. A Sewage Disposal Permit was issued and approved by the Health Director, Dennis Johnson. A Sanitary Discharge Certificate was also issued. Page 2

3 Chairman Meier reiterated that this application fits under or regulations and opened the floor for public comment: We heard from the following Concerned Citizens: Tim Stone, Madison Carol Last Name Unknown, Route 80 Joyce Donovan Heather Moore 285 Lake Drive Dawn Starr Heather Moore 285 Lake Drive Dawn Starr Cmsr D Andrea read the following letter from Environmental Planner Kevin Magee into record: February 2, 2016 To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Special Permit The Cottage at Lake Quonnipaug, LLC Lake Drive Guilford, Connecticut Assessor Map 62 Lot 11 During a site walk conducted by the Inland Wetlands Commission it was observed that clearing of the hill side between the proposed apartment and the lake was conducted without the approval of the Inland Wetlands Commission. Vegetated buffers, especially on steep hillsides, are important features to protect the quality of the lake from development. To mitigate this concern the Inland Wetlands Commission requested an after the fact wetlands application which included a mitigation plan for the illegal clearing. The mitigation plan prepared by Anderson Engineering & Associates shows the planting of 14 plants consisting of eight Bayberry shrubs and six Mountain Laurels to be replanted on the hill side. The Guilford Inland Wetlands Commission at its October 14, 2015 meeting approved a regulated activity for a permit to conduct a regulated activity, Lake Drive, Map 62, Lot 11, Zone R 3, Excavation, grading and construction of an accessory apartment with construction of a driveway within 100 upland jurisdictional review area shown on Zoning Location Survey and Inland Wetlands Regulated Activity Plan for The Cottage at Lake Quonnipaug, LLC Lake Drive, Guilford, Conn., dated 7/30/15 and revised to 9/9/15 with conditions. A second application was approved by Inland Wetlands Commission at its November 10, 2015 meeting for the After the Fact permit to conduct regulated activity for the removal of trees within 100 upland jurisdictional review area. Upon a motion made by Cmsr Cost seconded by Cmsr Wallace the Commission unanimously voted to CONTINUE this Public Hearing to 2/17. VFW CONTINUED to 3/16 for Mandatory Second Public Hearing; 57 Mill Road, Map 46, Lot 62, Zone R 5; Coastal Area Management, Site Plan Revision and Special Permit application for non profit facility to relocate banquet hall and parking lot on existing site Table 4, Line Page 3

4 Kevin Cleary CONTINUED to 2/1, ( River Street, LLC),Coastal Area Management and Site Plan Revision; Increase rear parking lot by 1375 sf. (55 x25 ) & Upon a motion made by Cmsr Wallace seconded by Cmsr Cost the Commission voted unanimously to open the Public Hearing for: Create new Zone District CONTINUED to 2/17, Article XXXII Transition and Service Zone District 3 and amend Zoning Map ; (This is a recommendation of the Rt. 1 West Planning Committee) Create new Zone District CONTINUED to 2/17, Article XXXIII Gateway Overlay District and amend Zoning Map ; (This is a recommendation of the Route 1 West Planning Committee. Chairman Meier called upon Chris Widmer Chairman of the RT1W Committee to get things started. Mr. Widmer provided the background of why the RT1W Committee feels these zones should be created. George Kral joined the conversation explaining in great detail the ideas and benefits surrounding the proposed Zones. See below the actual proposed amendments: Draft: December 23, 2015 ARTICLE XXXII Transition and Service Zone District 3 Purpose. The TS 3 District is a zoning district designed to permit single family and multi family residential uses and limited commercial use. It is intended to encourage medium density residential uses which are attractively designed and compatible with low intensity development principles. The development of the uses permitted in this zone should preserve and create the rural gateway environment of the Rt. 1 West area in accordance with the Rt. 1 West Final Report dated May 19, Permitted Uses. A. The following uses are permitted in the TS 3 District; (1) Dwelling units not to exceed 4 units per acre. (2) Farms. (3) Farm stands for sale of farm products in accordance with Article XXX. (4) Buildings, uses and facilities of the State and Town. (5) Offices in buildings existing as of the effective date of this amendment. Additions to said buildings are allowed up to 10% of the size of the existing building. In said buildings at least one dwelling unit shall be provided. (6) Personal service establishments not to exceed 5000 sq. ft. (7) Offices in new buildings not to exceed 10,000 sq. ft. (8) Lodging establishments not to exceed 12 rooms, by Special Permit. (9) Places of Worship by Special Permit. (10) Retail stores selling antiques, consignment furniture or related goods, art, craft goods, and similar products, by Special Permit. No single retail store may exceed 5000 sq. ft. and no building containing more than one store shall exceed 15,000 sq. ft. (11) Garden Centers and retail sales of landscaping products. (12) Restaurants which maintain the rural character of the district in terms of their building and site design. (13) Banks and Financial Institutions B. No use may be expanded, altered or created except in conformance with Article IX, Site Plan Review. Page 4

5 Area, location and bulk standards The following area, location, and bulk standards apply in TS 3 District. A. Lot area: 20,000 square feet. B. Lot shape: 100 feet C. Lot frontage: 100 feet D. Maximum Building Height: 40 feet. E. Setback from street line: 30 feet. F. Setback from rear property line: 25 feet. G. Setback from side property line 12 feet. H. Setback from residential district boundary line: 50 feet. I. Lot coverage: 25% J. Total floor area: 40%. K. Maximum impervious surface: 45% L. Interior Lots; Lots with less than 100 ft. of frontage on a public street may be created with a minimum of 30,000 sq. ft. and with the approval of the Commission. Sign Requirements: Sign shall be permitted in accordance with Article VII. and should maintain the rural character of the district. Parking Standards: Parking should be provided in accordance with Article VI and should be designed so as to maintain the rural gateway character of this area with parking located in the side or rear of buildings and effectively screened from the road. Shared parking between lots and between uses on the same lot is encouraged and parking requirements may be reduced when such sharing is proposed. Rural Character: New developments should be designed in such a manner as to preserve, to the extent possible, the rural, gateway character of the area. In order to achieve this standard the following design practices are encouraged; Signs should be made of natural materials and illuminated, if required, by indirect sources of light. Building materials should be of natural products and materials wherever possible. Landscaping should be installed to provide adequate screening of vehicles, equipment and utilities. A landscaping plan shall be required. The planting of street trees is encouraged and may be required when screening of parking areas is necessary. Low Impact Development practices as described in the Connecticut Stormwater Quality Manual should be utilized. Fences and Walls. Fences and walls are encouraged to separate uses and property and to create and enhance the rural environment. Natural materials are preferred including stone walls. Outdoor lighting should be minimized and should be fully night sky compliant. Except for security purposed, lighting should be reduced after the close of business. Draft: December 23, 2015 Article XXXIII Gateway Overlay District Purpose. The Gateway Overlay District is an overlay zoning district which permits additional uses of property within the district in order enhance property values while maintaining the rural gateway character of the neighborhood. Page 5

6 Permitted Uses. In addition to uses permitted by the underlying zone, the following uses are allowed by Special Permit in accordance with Article X. (For the purposes of this Section, existing buildings include both accessory buildings and principal buildings on a lot.) Two family dwellings in existing buildings existing on the effective date of this amendment. Offices in buildings existing as of the effective date of this zoning code amendment with the preservation of at least one dwelling unit. Additions to said buildings are limited to not more than 20% of the floor area of the existing building. Personal service establishments in buildings existing as of the effective date of this zoning amendment with the preservation of at least one dwelling unit. Additions to said buildings are limited to not more than 20% of the floor area of the existing building. Retail stores selling antiques, consignment furniture or related goods, art, craft goods, and similar products, in buildings existing as of the effective date of this zoning amendment with the preservation of at least one dwelling unit. Additions to said buildings are limited to not more than 20% of the floor area of the existing building. Design Criteria. New uses established pursuant to this section shall conform with the following criteria; Parking areas shall be located in the rear or side of the building housing the new use and shall be landscaped so as to minimize visibility from the road. The use of gravel or stone surfaces for parking areas is encouraged. In no case shall any lot have more than 50% impervious surface coverage. Signs shall not exceed 20 sq. ft. and shall have a rural appearance. Internally illuminated signs are prohibited. New uses established under this Section should be designed in such a manner as to preserve, to the extent possible, the rural gateway character of the area. Mr. Kral noted that most of the proposed TS3 zone is currently a CD zone. The TS3 zone was designed to allow properties on the edge of residential areas to be re zoned to a very specific list of approved uses versus the current CD zone which is more vague, in his opinion Mr. Kral feels the CD zone is poorly written and shared some examples of why. TS3 number 5 & 7 have two separate provisions regarding offices it is Mr. Kral s suggestion that #5 be removed and #7 reworded. Anne McIntyre Lahner, also representing RT1W Committee further reinforced the opinions of Mr. Widmer, the RT1W Committee and Mr. Kral. Concerned Citizen Anthony Delucia provided a letter expressing concerns about the current CD classification vs the ts3 and the potential affects they it could have on his property value. It was decided that this matter will be addressed in Deliberations. Upon a motion made by Cmsr Corbiere seconded by Cmsr Wallace the Commission unanimously voted to CONTINUE this Public Hearing to 2/17. Page 6

7 REGULAR MEETING The AGENDA from the February 3, 2015 meeting was unanimously APPROVED. Dennis Carroll APPROVED; 101 Fair Street, Map 46, Lot 27, Zone PV, Site Plan Revision, Change from Retail Space to Restaurant Establishment Mr. Carroll property owner explained the application and turned the presentation over to Mr. & Mrs. Scialabba tenant/owners of Buffalina Restaurant presented their plan to occupy an additional building on the property which would become a daily lunch spot and a wine bar that would serve as a place for pizza patrons to wait for their takeout orders. The new space will contain a small kitchen that will not be used for pizza the new space would be open Thursday, Friday & Saturday the same hours as the main restaurant. The plan includes a condition of a septic upgrade as per Health Director Dennis Johnson s letter which was read into record by Cmsr Hershman: TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : February 3, 2016 SUBJECT : Carroll, Dennis; 101 Fair Street, Map 46, Lot 27 The applicant s proposed change in use from retail space to food service establishment with seating will increase daily wastewater flow and require enlargement of the septic system serving the building. A suitable area exists on the lot for enlargement of the septic system. It is recommended that the applicant s proposed use be approved with the condition that the septic system be enlarged prior to opening. The Applicants have agreed to follow the Health Directors conditions. Cmsr Corbiere asked for more information about the parking situation. Cmsr Hershman read the following memo from Zoning Enforcement Officer Reggie Reid into Record: DATE: January 26, 2016 TO: Richard Meier, Chairman, Planning and Zoning Commission Members, Guilford Planning and Zoning Commission CC: George J. Kral, Jr., Town Planner FROM: Reggie Reid RE: Matt and Melissa Scialabba, Bar Bufalina, 1060 Boston Post Road, Map 46, Lot 27, Zone PV, property of Dennis Carroll and Lidia Navarro Parking calculations for 1060 Boston Post Road Parking space standards. Off street parking spaces shall be provided in accordance with the following minimum standards: Page 7

8 B. Dwellings for more than two families: one and one half spaces for each family and located on the same lot with the dwelling. 1 apartment in detached building, 2 apartments in house = 3 dwellings x 1.5 spaces = 4.5 spaces L. Restaurants in other than C 1 Zone: one space for every 2.5 customer seats, plus one space for every two employees employed at any one time (shift) and located on the lot or on lots within a radius of 300 feet from a lot line of the parcel on which the restaurant is located. 12 seats inside, 10 seats outside patio, 10 seats inside detached building = 32 seats 2.5 = 12.8 spaces + 1 space for employees = 2 spaces for a total of 14.8 spaces Total number of parking spaces required with the new restaurant use in the detached building, restaurant 14.8, apartments 4.5 = 19.3 spaces 6 spaces on site, 10 spaces available on Fair Street and 2 on North Fair Street = 18 spaces 300 from the lot line. There is a deficiency of 1.3 parking spaces ( = 1.3 parking spaces) which, if this application is approved, can be accommodated on site in an area that is not being utilized for the septic system. Chairman Meier opened the floor to the Public. Michael Sulzbach, Fair Street and Peter Jelley, Fair Street both expressed concerns regarding the lack of parking in front of their homes and the general abundance of vehicles on their street. Cmsr Hershman explained that on street parking is legal and not enforced by the Planning and Zoning Commission. The Commission reminded the Applicants that they are maxed out for parking and seating and the Commission would not entertain further applications that would increase either parking or seating. Chairman Meier asked Mrs. Reid if she has received any complaints regarding illegal parking in the CVS plaza; Mrs. Reid replied no. The Commission felt they have adequate information to render a decision. Cmsr Hershman read the following motion into record, Cmsr Corbiere seconded: Voted: That the Guilford Planning and Zoning Commission approve Site Plan Revision for Dennis Carroll, at 101 Fair Street, Map 46 Lot 27 to all a change of use from retail to restaurant use as shown on an application dated 1/4/16. This application is approved with the following conditions; 1. It is recommended that the applicant s proposed use be approved with the condition that the septic system be enlarged prior to opening. The Commission voted unanimously to APPROVE this application with conditions as outlined above. Page 8

9 Paula Calzetta; 84 Laurelbrook Drive, Map 90, Lot 25, Zone R 5, Special Permit for Accessory Apartment in the basement of dwelling (Received and set first Public Hearing date of 3/2 and CONTINUE to 3/16 for mandatory second Public Hearing date). William and Jessica Rowen; 145 Tuttles Point Road, Map 17, Lot 17, Zone R 2, Coastal Area Management, tear down and rebuild of an existing 3 bedroom house and detached garage (RECEIVED and SET Public Hearing date of 3/16). Recommendations from Zoning Committee to revise boundaries of Town center south overlay district. Public Hearing set for 3/16. APPROVED Request received from Gil Lombard to add the following event to the Fairgrounds event calendar. Dog adoption 10/8 & 10/9, they are a 501c3, approximately 100 people expected for both days. Many local people will be involved. Chairman Meier appointed Cmsr s Corbiere & Hershman to research the possibility of allowing alternates to vote. Chairman Meier announced that a unanimous vote was taken on the January 30 th Site Walk to change the April meetings as follows: April 13 th & April 27 th. There was no further conversation on this matter The Commission voted unanimously to APPROVE the Minutes from the January 20 th Meeting. With no further business before the Commission and upon a motion by Chairman Meier and seconded by Commissioner Cost, it was unanimously voted to adjourn the meeting of the Guilford Planning and Zoning Commission at approximately 10:15 pm. Respectfully submitted, Lisa Brewer Recording Secretary Page 9