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 FEBRUARY 13, 2018 REGULAR MEETING - 7:30 P.M. SHOVE BUILDING, 281 MAIN STREET SOUTH MEMBERS PRESENT: Robert Clarke, Chairman Thomas Amatruda Ted Tietz MEMBERS ABSENT: Jon Quint Dave Lampart Jack Well Robert Maciulewski ALTERNATES PRESENT: Christopher Griffith ALTERNATES ABSENT: ALSO PRESENT: Maryellen Edwards, Town Planner 1. REGULAR MEETING: a) Call to Order: Mr. Clarke convened the meeting at 7:30 p.m. b) Seating of Members/Alternates: Seated for the meeting were Member Commissioners: Mr. Clarke, Mr. Tietz, Mr. Amatruda, and Alternate Mr. Griffith. c) Conflict of Interest: Mr. Clarke iterated CGS Section 8-11 & Woodbury Town Charter Section 901 and recusal. 2) PUBLIC HEARINGS: None 3) PENDING APPLICATIONS: None 4) NEW APPLICATIONS: 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 / OH: 4/19/18. Mr. Clarke read a historical accounting of the Historic House museum. Mr. Clarke moved for Public Hearing, March 13, 2018, 7:30 p.m. Mr. Tietz seconded. Vote: in favor. Zoning Commission Minutes 02/13/18 1

2 b) 18-ZC-1802 / Amatruda / 45 Main Street North / Special Permit to Change Use of Lower Level from Residential to Retail / Map 105 / Lot 067 / OH: 4/19/18. Mr. Clarke motioned to table and continue to the next application. Mr. Tietz seconded. Vote: in favor. Regrouped with recusal from Mr. Amatruda with date-stamped Conflict of Interest Memorandum. This is an application for a retail business on the lower half of the property which has been vetted with the Historic District Commission for Public Hearing on March 05, Mr. Clarke motioned for a Public Hearing, March 13, 2018, 7:30 p.m. Mr. Tietz seconded. Vote: in favor. c) 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 / OH: 04/19/18. Attorney Kent Slater addressed proposal to convert the existing building into a fitness club. A parking analysis was presented with request for any necessary waivers. Mr. Clarke motioned for a Public Hearing on March 13, 2018, 7:30 p.m. Mr. Tietz seconded. Vote: in favor. 5) OTHER BUSINESS: a) Review of New Business / Birchwood Catering Co., LLC / 121 Main Street North / BBQ Restaurant (to replace Jays Restaurant) / Map 090 / Lot 007. This new business is for the Smoke & Barrel BBQ Company. Pending Pomperaug Health and the Historic Commission approvals. The plan is for three employees per shift with beer/wine license pending. Storage will be upstairs. Mr. Clarke requested a Site Plan. Planned seating is per prior occupant, with intent for 20 seats. A handout was presented and date-stamped. A smoker, on a commercial trailer, will be parked in an employee parking spot and used only for off-site catering services. Mr. Clarke mentioned the need for an Application for Public Hearing. He requested a Site Plan with trainer parking, handicapped parking; employee parking with everything that will be outside. Applicant will get on the Historic Commission Agenda for March 05, This will be on Zoning Commission March 13, 2018, 7:30 p.m. Agenda in 'Other'. b) Proposed regulation amendments to the Middle Quarter (MQ) - Mobile Food Vendors/Food Trucks was reviewed with recommended revisions. Mr. Amatruda motioned to table this discussion until after Item 4.b. Mr. Griffith seconded. Vote: 3/1/0 in favor. Ms. Edwards will return with a final draft for the Agenda on February 27, Clarke motioned for a Public Hearing to be scheduled for March 13, 2018; Mr. Tietz seconded. Vote: 4/0/0 in favor. c) Discussion regarding property on Main Street North (Map 025 / Lot 013G) d) Newly added: Review of New Business / Bjornberg / 366 Main Street South / Map 104 / Lot 001 / MSD / Building use is a legal two-family 1.8 stories built in Finished rented basement is 720 square feet. The Pre-Application Review and the Intended Use of Property forms were received and date-stamped. This is for a business for nature-inspired healing goods and Reiki therapy sessions. Parking needs and requirements were discussed. Ms. Edwards advised for a Special Permit Application per Sections and Mr. Clarke advised that this be reviewed next month after submittal of and accepted application. This Zoning Commission Minutes 02/13/18 2

3 will be on the Agenda for February 27, 2018 with a Public Hearing to be scheduled for March 13, ) ENFORCEMENT REPORT: a) 16-ENF-0016 / Julia Olson / 39 Transylvania Road / NVRVC 6/27/16 & 5/15/17, NPV (5/4/16) Home based business without permits (Sec ) & possible junk yard (Sec. 3.2) / Map 036 / Lot 053 / Zone R40. Follow up letter was sent from Town Clerk on Jan 30, Ms. Edwards will check required response timeframes. b) 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 OS60. Mr. Clarke motioned to move to request that the Board of Selectman direct Town Council to commence civil action. Seconded: Mr. Tietz. Vote: 2/1/1 in favor. c) 17-ENF-0015 / Hoxha / 330 Minortown Road / NPV (1/31/18 & 4/25/17) / Operation of business without approvals and storage of commercial vehicles on the property / Map 010 / Lot007B / Zone OS60. Notice of possible violation mailed on February 01, 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 OS60. February 01, 2018 letter to property owner going to ZBA. Ms. Edwards will move this forward if she does not hear back within the required timeframe. e) 18-ENF-0002 / Anitco / 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 OS60. The land owner was seated and pleaded that there was no other option to parking of the vehicle. Mr. Clarke advised the resident to complete and Application and get on the Agenda for the February 20, 2018 ZBA. 0 ZBA inventoried 30 temporary business signs on Main Street. Ms. Edwards suggests a public relations visit to each of the businesses with a heads-up before the sending of letters. 7) PRIVILEGE OF THE FLOOR: a) Ms. Edwards suggested rewrites of Zoning Regulations. This was discussed with the Board of Finance who was receptive. Ms. Edwards vetted this through the Zoning Commission and voiced the hiring of a consultant to re-draft the regulations. Resident Ms. Doyle voiced support to the initiative. Mr. Clarke moved that the Commission approve of the action that the Town Planner has proposed to hire a firm to re-do the Zoning Regulations. Seconded: None. Mr. Clarke opted to hold-off until February 27, ) UPDATES ON OTHER LAND USE BOARDS & COMMISSIONS: Mr. Clarke moved to table until February 27, ) CORRESPONDENCE: Zoning Commission Minutes 02/13/18 3

4 Mr. Clarke read summaries of correspondence, i.e., Parks and Recreation Schedule, Memorial Day Parade, etc. Mr. Clarke moved that Parks and Recreation carry on with Zoning Commission blessings. Seconded: Mr. Amatruda. Vote: 4/0/0 in favor. 10) CONSIDERATION OF MINUTES: 01/9/18 & 01/23/18 Mr. Clarke moved to table until February 27, ) ADJOURNMENT: 10:45 P.M. FILED SUBJECT TO APPROVAL Respectfully submitted, Ms. Christina Porcelli Zoning Commission Clerk Copies of documents and meeting audio are available at the Land Use Office RECEIVED & FILED IN WOODBURY, CT Zoning Commission Minutes 02/13/18 4 This 15 day of at.2- ',(9.1-1o'clock 20Y.. ("f Town dork

5 Conflict of Interest Memorandum To: The Board of Selectman From: TA-10 mc:.4. Amot4 c\ Date: 2_0t& Subject: 7- C (02 Pursuant to Chapter IX of the Charter for the Town of Woodbury, Connecticut, I, 0 PnGt, a member of the 26 ne) C0-6,1 al have recused myself for application/file number g due to a possible conflict as connoted: lam a?cc) r 4-y LS 1\AO,i 5 r owner of e t: Ilillall

6 Town of Woodbury Land Use Office First land deed from the Indians April 12th Main Street South, Woodbury Connecticut PRE-APPLICATION REVIEW FO Connecticut General Statutes, Section 7-159b. Pre-application review of use of prope Notwithstanding any other provision of the general statutes, prior to the submission of an application for use of property under chapters 124, 126, 440 and 541.or any other provision of the general statutes authorizing an authority, commission, department or agency of a municipality to issue a permit or approval for use of such property, such authority, commission, department or agency or authorized agent thereof may separately, jointly, or in any combination, conduct a pre-application review of a proposed project with the applicant at the applicant's request. Such pre-application review and any results or information obtained from it may not be appealed under any provision of the general statutes, and shall not be binding on the applicant or any authority, commission, department, agency or other official having jurisdiction to review the proposed project. I have read and understand the above provision and agree that any discussion, comments or recommendations made during this review are non-binding upon the parties involved. I also acknowledge that the pre-application review is strictly advisory in nature, does not constitute a formal application and is being conducted prior to and in anticipation of a formal application to the Woodbury Inland Wetlands and Watercourses Agency, Zoning Commission or Planning Commission. Meeting Requested with: Inland Wetlands Agency Planning przoning E ZBA Property Address: 3 to (0 la i;vy Sty idt zsolit he Wu dib -iv V j v Map/Lot/Zone: log, go o! Property Owner: Project Description: I MSD R_Oie, r.e_dj Orl -At/lj ) -7,,,v* (1/ , li, h.e. 1,4 e,, I i, -G(i G., C.. -4' Itr0 fa-/ PM/ I/ b 1 0 IS t 0 r fr e,y I) ii.,i; t t c et, a, P tart/124/,ve,d, r e/c-vte.-0(.,.1) 4- f-r-kv-e4vt e,s 7.- via 6/, -F-6. Owner: or'. hih,t, FlPv i>i;61.,t-v Owner Signature: Signature: Date:

7 366 Main Street South, Woodbury, CEP TT FEB INTENDED USE OF PROPERTBf- d. 1. The and 2" floor of this home will remain the same with no change in use. It will all be used as a residential area. 2. The lower level which is currently rented will be used for my son Andrew who currently has a LMFT private practice. He will use this for his therapy office. In addition he wishes to sell some nature inspired healing goods. My wife on occasion will also perform energy therapy sessions ( ie. Reiki, etc.) 3. The exterior of the property and home will remain the same with no additions or exterior alterations. 4. All exterior signs will be in compliance with the Town of Woodbury code.

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