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

Transcription

1 M I N U T E S Public Hearing May 6, 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, Ray Bower (Secretary), David North, David Grigsby (Vice Chairman), Tom Cost Kimberley Bailey Madelung, Peter Jelley George Kral (Town Planner), Regina Reid (Zoning Enforcement Officer), Kevin Magee (Environmental Planner) and Donnette Stahnke (Recording Secretary). Video: Shannon Gale - Visual Clarity Audio Recording: Digital recorder Approximately 15 people in the attendance. Chairman Girioni called the meeting to order at 7:35 P.M. and explained meeting procedure to those present. She then introduced the members of the Commission and staff: Richard (V), Girioni (V), Grigsby (V), Hanf (V), North (V), Bower (V), Cost (V), Madelung (Alt), Jelley (Alt); Staff: Kral, Reid, Magee and Stahnke. Secretary 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. 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 of coastal resources Continued from Continued to May 6, 2009 WITHDRAWN Chairman Girioni read the letter from Gregg Fedus notifying the Commission that they wish to withdraw the current application. 2. Mark & Jennifer Gregoretti (John Matthews ): property located at 345 Vineyard Point Road, Map 5, Lot 40, Zone R-5. Pool house with occasional use as a guest cottage. Full kitchen facilities are not to be provided Received 4/1/09 and set public hearing date for 5/6/09. John Matthews, AIA, 817 Boston Post Road, Madison As representative for the owners he explained that they wish to build a pool house that will include 1 bedroom for occasional visitors. Variances have been obtained. The pool house will not be visible from the street. Chairman Girioni asked ZEO Reid if the application meets all of the Zoning quantitative standards. ZEO Reid yes, and a variance was granted. This is just a special permit for habitation in an accessory structure. Chairman Girioni noted the variance is in their packets. She asked EP Magee to read his memo into the record. EP Magee read his report of approval into the record. Chairman Girioni read Director of Health, Dennis Johnson s report into the record. no sanitary system conflicts. She asked for questions from the Commission. Comr. Cost questioned the location of the proposed guesthouse bedroom.

2 John Matthews pointed out the location. Comr. Hanf there is actually the potential for two guestrooms. What is the square footage of the guesthouse? John Matthews 748SF. Chairman Girioni our main concern is the square footage not the number of beds, correct? TP Kral Our main concern is a habitable living area in a detached building which requires a special permit. Comr. Grigsby the issue is the creation of an accessory structure in a residential zone that may be used for permanent year-round purposes, whether it is over 750 SF or not. Comr. Bower when it was advertised it said full kitchen facilities are not to be provided. Does the applicant have a problem with making that a condition of approval? John Matthews no. TP Kral full kitchen facilities would make it an accessory apartment. Comr. Cost what does the term occasional use really mean? John Matthews no one is living there full time. TP Kral it doesn t really matter as far as Zoning is concerned. They could live there all of the time. Chairman Girioni asked for questions and comments from the public and there were none. This portion of the public hearing was closed at 7:52 P.M. 3. Patricia & F. George Dupont: property located at 45 Spencer Ave., Map 10, Lot 171, Zone R-2. Coastal Area Management Review: addition greater than 20% of 1 st floor area to single-family within 100 ft. of Indian Cove Receive 4/15/09 set public hearing for 5/6/09. Patricia Dupont, 45 Spencer Ave. The applicant provided additional drawings for the Commission s review. She explained that there are 4 things they are asking for: an extension of the outdoor existing porch which is above ground on cement pillars; an outdoor deck above, on top of the roof of the existing porch to allow the upstairs bedrooms to have exterior space; a porch at the proposed new entrance as the current entrance is being removed; a bump out of the living area to allow for a sofa nook. Chairman Girioni read the memo from Dennis Johnson, Director of Health no conflict with existing septic system. Also, she read the letter from John Gaucher, DEP no comments. EP Magee read his comments into the record no conflict Comr. Hanf how high is the extension for the couch? Patricia Dupont As Mr. Johnson s recommendation, this is a bay window with the couch in it. The ceiling height is not a legal room height. It is a cantilevered bump-out that does not increase living space. ZEO Reid pointed out that the reason for this application, outside of the CAM portion is that the additional area exceeds 20% of 1 st floor area of a single-family dwelling. This is not a minor addition. Comr. Cost exactly how far from the water is the proposed deck going to be? George Dupont it is plus or minus 50. EP Magee it appears to be about 35 away. Patricia Dupont from mean high water it is more like 60. ZEO Reid they have received Inland Wetlands approval. Chairman Girioni asked for questions or comments from the audience; there were none. This portion of the public hearing was closed at 8:08 P.M. 3. 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. Received 3/18/09. Request to continue to 5/6/09 Addressed simultaneously with the other Soundview Road LLC applications. 4. 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 one- 2 of 16

3 story building sized for office use within 100 ft. of coastal resources and B. Received 3/18/09. Request to continue to 5/6/09 Addressed simultaneously with the other Soundview Road LLC applications. 5. 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. Received 3/18/09. Request to continue to 5/6/09 Addressed simultaneously with the other Soundview Road LLC applications. Thomas Stevens -, Thomas A. Stevens & Associates, Inc. He explained that the application is for three separate site plans on a 12-acre parcel on the west side of Soundview Road about 2,100 south of Route 1. These are lots 4, 5 and 6 of a subdivision created in 1970 known as Soundview Park. These are 3 lots of that 6 lot subdivision. Lot 4 is 3.7 acres; Lot 5 is 3.8 acres; Lot 6 is 4.4 acres. He listed some of the many uses allowed in an I 2 Zone. The parking and the septic system design for these parcels has been sized for office use as that is most restrictive. There is a good chance a landscaping company will occupy one of the three offices. They have been working on these plans with the Town Staff since January. He pointed out the parking, landscaping, tidal wetlands and septic areas of the lots. There are rain gardens on Lots 6 and 4 and a stone infiltration trench on Lot 5. Each basin and stone infiltration trench was sized for 1 of rainfall for water quality. Each lot will have the right to grade upon adjoining lots and maintain drainage structures such as rain gardens upon adjoining lots. The site plan notes will be revised to reflect these rights and they will be deeded along with a fee if the lots are conveyed. A rain garden booklet guideline will be provided. Each roof discharge is going into a rain garden via level spreader. They were approved by the Inland Wetlands Commission. With regards to CAM, the floors of each building are set at Between the buildings, the grading is dipped down to provide visual access from Soundview Road. The total fill for the three lots is 5,550 CY. Lot 4 is 1,725 CY: Lot 5 is 2,750 CY; Lot 6 is 1,070 CY. John Gaucher, DEP suggested a walking trail at the north end of the site. We met with him, David Kozack and Sue Bailey all of DEP and the proposed access trail that they requested is shown on Lot 4 to a point riverside of some cedar trees where they may place a bench. They have agreed to wait until the vegetation is completely leafed out before deciding where a trail will go. Chairman Girioni the access is for all three lots? Thomas Stevens it is for everyone. There are two parking spaces for this walking trail. A revised set of plans dated May 4, 2009 was provided (Exhibit A). Chairman Girioni will the final details of the walkway have to come back to Planning and Zoning? TP Kral no. According to John Gaucher this is okay, they just have some fine tuning to do with the design of the walkway. Chairman Girioni read memos from Inland Wetlands approval, no Inland Wetlands on the site; Jim Portley, Town Engineer approval; Dennis Johnson, Director of Health recommended with a condition. EP Magee read his memo into the record and also John Gaucher s DEP. No conflict, recommendations were made. Comr. Grigsby expressed concern over the possibility of a Landscape business being conducted within a coastal resource area, particularly in connection with the outdoor storage of materials and vehicles. He questioned if the coastal site plan approval could be conditioned so that there could be either no outdoor storage of materials or if there is going to being outdoor storage of materials and vehicles, could they be required to present their plan to P & Z. TP Kral there is nothing on the plan that addresses outdoor storage. They would have to come back to the Commission if the Site Plan were to change. Thomas Stevens He did testify that there is outdoor storage and he indicated that it would be on the excess parking area up to the contour 8 along the back of the buildings. That is nonspecific but it is on the punch list that it will be behind the buildings and no further seaward than elevation 8. Chairman Girioni do we know what will be stored? Thomas Stevens no. Comr. Hanf if the most likely use is going to be offices, we could approve it as if is was offices and then they can always seek a modification of the Site Plan for outdoor storage or whatever other ancillary uses are appropriate when they know specifically what will be going in there. 3 of 16

4 TP Kral it does appear that the Site Plan does request permission to have unspecified outside storage. Comr. Hanf If we just say any outdoor storage is permissible, then we have lost the ability to control what goes there. TP Kral that could be a condition of approval that before any outside storage occurs on the areas that are identified as outdoor storage, that they have to come back before the Commission for approval. Comr. Hanf questioned the building photos in the package. Thomas Stevens - Those were an early version. He submitted Soil Scientist, Richard Snarski s soils report regarding the tidal boundary dated May 6, 2009 as Exhibit B. When asked how much could land could be lost to see level rising over the years, he noted that approximately ¾ of an acre is available for encroachment. He noted they are providing much more runoff storage than is required by the DEP. Comr. North questioned the potential water dependent use of that property. Thomas Stevens Kayaks can use it at certain tides. Comr. North so they could come down this walkway to the river? ZEO Reid No, it is intended to be a walk way with a bench viewing area. Comr. North who is going to police this? Is the DEP signing on for the liability of this nuisance? EP Magee there is limited liability as long as the owner doesn t charge for access. Chairman Girioni there is an easement for the public to access the property. There are two parking spaces for this area. John Matthews, John Matthews Architects, 817 Boston Post Road The buildings are very small and have been designed as flex-space because we don t know what will be in them. He described the architectural details of the pre-engineered buildings. Chairman Girioni questioned the signage for the property. John Matthews We are currently proposing a 4 X5 sign over each one of the front doors. We meet the allowed signage. Tenants will have to come back with their own signs. There is a designated space for each sign that conforms to the master plan. Chairman Girioni Design Review has approved this application as submitted. John Cunningham, TEC Landscape Design, 62 Wall St., Madison Planting material is the same on all three lots and it is all native material. He described what they would be planting and which trees will be saved. Woody ornamentals will be planted around the rain gardens to keep lawn from going right up to the edge of them. Chairman Girioni this is a very well thought out plan. Comr. Richard Mr. Gaucher recommended that the plantings be able to be mowed once or twice a year. John Cunningham he is trying to avoid invasives taking over the planting areas. Chairman Girioni asked for questions or comments from the audience and there were none. This portion of the public hearing was closed at 8:53 P.M. 7. 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 March 18, WITHDRAWN REGULAR MEETING APPROVAL OF REVISED AGENDA - Agenda revised 5/6/09 On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to approve the revised agenda. A. Deliberation of Public Hearing Items Gregoretti MOTION: R. Richard 2 ND : D. North 4 of 16

5 VOTED: That the Guilford Planning and Zoning Commission approve a Special Permit for a pool house/guest house for Mark and Jennifer Gregoretti, 345 Vineyard Point Road, Map 5, Lot 40 as shown on Zoning Location Survey Gregoretti Property, prepared by Anderson Engineering and Surveying Associates, dated February 4, 2009 revised to and architectural plans, Gregoretti Residence, 4 sheets, prepared by John Matthews, AIA, dated 3/27/09. This application is approved with the following conditions; 1. Full kitchen facilities are not to be provided. This application is approved based upon a finding that with the variance granted it conforms with the Zoning Code including The Special Permit is effective on May 15, 2009 and upon filing with the Town Clerk. Comr. Hanf shouldn t there be a condition about there being no full kitchen facilities? Comr. Richard concurred. This is a pretty straight forward application. APPROVED: IN FAVOR: R. Richard, S. Girioni, D. Grigsby, N. Hanf, D. North, T. Cost and R. Bower OPPOSED: None ABSTAINED: Motion carried Dupont MOTION: R. Bower 2 ND : N. Hanf VOTED: That the Guilford Planning and Zoning Commission approve a Coastal Site Plan application for Patricia and George Dupont, 45 Spencer Ave., Map 10, Lot 171 as shown on Seasonal Residence (site plan and floor plans) prepared by the applicant dated October This application is approved with the following conditions; 1. A note be added to the site plan indicating that the south side of the property must be maintained for view access to Long Island Sound. 2. That prior to start of construction, the Zoning Enforcement Officer must be notified to inspect sediment and erosion control measures. 3. That as part of the building permit application, details of the stone pit for outdoor shower wash water be submitted. This application is approved based upon a finding that it conforms with the Zoning Code and the Coastal Areal Management policies of the State of Connecticut. Comr. North this is a good reasonable alternative to keeping the house usable instead of tearing it down and rebuilding. Chairman Girioni this maintains the scale of the property. APPROVED: IN FAVOR: R. Richard, N. Hanf, D. Grigsby, D. North, T. Cost, S. Girioni and R. Bower OPPOSED: None ABSTAINED: Motion carried Soundview Lot 4 MOTION: N. Hanf 2 ND : D. Grigsby 5 of 16

6 VOTED: That the Guilford Planning and Zoning Commission approve a Site Plan and Coastal Site Plan application for Soundview Road LLC, Map 42, Lot as shown on Soundview Park, Lots 4, 5 & 6, four sheets, prepared by Thomas A Stevens and Associates, dated revised to , and Landscape Plan, Soundview Road, LLC, prepared by TEC Landscape Design Inc., dated , revised to This application is approved with the following conditions; 1. That the Site Plan be revised with the CT DEP approved public access path shown on the Site Plan and that the Public Access path be constructed with signage approved by CT-DEP and the Town of Guilford and the public access easement be conveyed to the Town of Guilford prior to the issuance of a Certificate of Zoning Compliance for any of the three proposed site plans. 2. That prior to issuance of a building permit final colors, fenestration and overhang designs be submitted to the Design Review Committee and that the recommendation of the DRC contained in the minutes of their meeting of April 8, 2009 be followed. 3. That prior to construction the Zoning Enforcement Officer be contacted to inspect the erosion control measures. 4. That prior to issuance of a Certificate of Occupancy; A written maintenance and operation manual for all the stormwater management systems located at the subject site be submitted. An As-built drawing of the completed stormwater system prepared in accordance with Section Stormwater Management Subsection 6 (Construction) be submitted. The applicant shall file a Maintenance Covenant on the Land Records as required by Section Stormwater Management Subsection 7 (Maintenance Covenants) of the Town of Guilford Zoning Code. 5. No outdoor storage is permitted without prior approval of the Planning and Zoning Commission. 6. Engineered septic system designs shall be provided. This application is approved based upon a finding that it conforms with the Zoning Code and the Coastal Area Management policies of the State of Connecticut. Discussion Comr. Hanf is concerned over the fact that we are delegating the whole prospect of the public access to the DEP because the alternative is to delay the process because until it is worked out. We are leaving this to the DEP to work out the details. Chairman Girioni that applies only to Lot 4. Comr. Grigsby it also applies to Lot 5. EP Magee it picks up a corner of Lot 5. APPROVED: IN FAVOR: R. Richard, N. Hanf, S. Girioni and R. Bower OPPOSED: None ABSTAINED: D. Grigsby, D. North, T. Cost: Motion carried Soundview Lot 5 MOTION: N. Hanf 2 ND : D. Grigsby VOTED: That the Guilford Planning and Zoning Commission approve a Site Plan and Coastal Site Plan application for Soundview Road LLC, Map 42, Lot as shown on Soundview Park, Lots 4, 5 & 6, four sheets, prepared by Thomas A Stevens and Associates, dated revised to , and Landscape Plan, Soundview Road, LLC, prepared by TEC Landscape Design Inc., dated , revised to of 16

7 This application is approved with the following conditions; 1. That the Site Plan be revised with the CT DEP approved public access path shown and that the Public Access path be constructed with signage approved by CT-DEP and the Town of Guilford and the public access easement be conveyed to the Town of Guilford prior to the issuance of a Certificate of Zoning Compliance for any of the three proposed site plans. 2. That prior to issuance of a building permit final colors, fenestration and overhang designs be submitted to the Design Review Committee and that the recommendation of the DRC contained in the minutes of their meeting of April 8, 2009 be followed. 3. That prior to construction the Zoning Enforcement Officer be contacted to inspect the erosion control measures. 4. That prior to issuance of a Certificate of Occupancy; A written maintenance and operation manual for all the stormwater management systems located at the subject site be submitted. An As-built drawing of the completed stormwater system prepared in accordance with Section Stormwater Management Subsection 6 (Construction) be submitted. The applicant shall file a Maintenance Covenant on the Land Records as required by Section Stormwater Management Subsection 7 (Maintenance Covenants) of the Town of Guilford Zoning Code. 5. No outdoor storage is permitted without prior approval of the Planning and Zoning Commission. 6. Engineered septic system designs shall be provided. This application is approved based upon a finding that it conforms with the Zoning Code and the Coastal Area Management policies of the State of Connecticut. Discussion Comr. Cost argued that the applicant should not have to go back to the Design Review Committee and be told what color that the buildings should be and other architectural elements. Chairman Girioni they only have to go back if there is a change. This is standard procedure. Comr. Hanf couldn t it be said that any changes to final colors, fenestration and overhang designs be submitted prior to issuance of a building permit? TP Kral the Design Review Committee has not seen the plans presented tonight. These plans incorporate their previous comments. Comr. Grigsby there are two ways to make this work. We can tell the applicant to go in front of Design Review and clarify every possible detail and then bring a final approval by Design Review at which time we can either say we like it or we don t or, to facilitate this process, we can say that generally speaking the Commission is in favor of this; go back to Design Review and work out the details. We are willing to work with the applicant but don t want to hold them up. TP Kral this is the fairest way to do this because the applicant doesn t have to come back before the Commission with every little change. Comr. Grigsby if they can t work out details with Design Review, they can come back to P&Z to work out their problems. Chairman Girioni there has never been a time that this approach has not worked. This process has upgraded the Town s commercial development. It is not an adversarial process; it works out to everyone s mutual benefit. This system results in much better design and scale of buildings. In the purpose of the Design Review Committee is to result in better quality building and site design. That is what is happening. They make recommendations to the applicants and to Planning and Zoning. P&Z has the final say. Comr. Grigsby his concern is that this is an I-2 zone at this time and P&Z s control over what goes into those offices in that location, with regards to CAM, is not what it may be when CAM is revised and the as-of-right uses possibly change. Fertilizers can be stored in those buildings without approval by the Commission at this time and that concerns him. Comr. Bower for the purposes of this application, they have the ability for that as-of-right use. Comr. Richard he believes that the DEP is planning to locate that pathway at some time in the near future, approximately as shown on the Site Plan 7 of 16

8 EP Magee once the foliage has grown in. Chairman Girioni they said within a month. Comr. Richard should condition #1 be modified to allow for that future relocation? TP Kral that is why he worded it, That the Site Plan be revised with the CT DEP approved public access path shown. Comr. North suggested deleting that condition. It is inappropriate at this location. This is not a waterdependent property. You have to show a reasonable demand for this walkway and he doesn t believe there is one. This opens the potential for all kinds of trouble for all parties. Comr. Hanf when Andrew s Point was approved, there was no boating use but they didn t require this same type of view point because there was a shortage of parking; this location has parking. The ability to provide visual access to the water is something that is desirable if it can be safely accomplished. Comr. North this Statute is designed so that offices and industrial buildings that don t need to be located on the water aren t displacing water-dependent uses. This is an abuse of power by taking walkways from the applicant which is not what that law was designed to do. What is the reasonable demand for this resource? Chairman Girioni asked for comment from other Commissioners. Comr. Grigsby the Coastal Management Act has a lot of purposes; one of them is saying that if you are going to develop and build within the Coastal Management area, the State wants to insure that the public has access. Whether this access is for direct boating purposes or if not appropriate, at least access to the waterfront property. He believes this condition should stay. This is a reasonable form of public access. Comr. Richard he concurred. Comr. Bower asked if anyone had a copy of the Statute. EP Magee general public access to coastal waters as used in statutory definition in water-dependent use are uses or facilities to provide for recreational use or enjoyment of coastal waters and/or the adjacent shoreline by the general public. General public recreational use and enjoyment includes but not limited to fishing, hiking, boating, boat launching, birding, wild life observation and general the scenic water or coastal views of vista Chairman Girioni so it does include passive recreation, visual included. Comr. Hanf because of the elevation at this site, we don t have a situation where the building can displace the public access. We are not subtracting from the proposed commercial use; we are just ensuring, through this easement, that there will be visual access to the water. This is not incompatible. Comr. Bower according to what the Statute says, this sounds like a use that the State is trying to ensure does not get lost by an increase in development. It does not appear the applicant is contesting this requirement. It doesn t appear that the land that was going to be used for this was proposed for development of any other space. He doesn t feel this is going to be a real impact on the owner for the uses which he has intended. He is not opposed this condition. Comr. Cost remembered seeing written in one of the documents that the applicant did not wish to have people walking on the property. He does have some questions. Who becomes responsible for maintaining this area: the Town, the land owner? EP Magee in the past, the property owner has maintained this type of easement. Comr. Cost he has environmental issue with this. The tides are rising and over time, all of this processed rock will end up in the Sound. EP Magee gave details of where they expect the path to be. The processed stone path only goes up to the bench. Chairman Girioni the DEP s whole responsibility is to protect the environment so it is not likely they would be proposing this and approving of this if it was detrimental to the environment. She feels that this proposal fulfills the goal and one of the aims of the Coastal Area Management Act. So the consensus is that condition number stays in the motion. APPROVED: IN FAVOR: R. Richard, N. Hanf, T. Cost, S. Girioni and R. Bower OPPOSED: None ABSTAINED: D. Grigsby, D. North, Motion carried Soundview Lot 6 MOTION: N. Hanf 2 ND : D. Grigsby 8 of 16

9 VOTED: That the Guilford Planning and Zoning Commission approve a Site Plan and Coastal Site Plan application for Soundview Road LLC, Map 42, Lot as shown on Soundview Park, Lots 4, 5 & 6, four sheets, prepared by Thomas A Stevens and Associates, dated revised to , and Landscape Plan, Soundview Road, LLC, prepared by TEC Landscape Design Inc., dated , revised to This application is approved with the following conditions; 1 That prior to issuance of a building permit final colors, fenestration and overhang designs be submitted to the Design Review Committee and that the recommendation of the DRC contained in the minutes of their meeting of April 8, 2009 be followed. 2 That prior to construction the Zoning Enforcement Officer be contacted to inspect the erosion control measures. 3 That prior to issuance of a Certificate of Occupancy; A written maintenance and operation manual for all the stormwater management systems located at the subject site be submitted. An As-built drawing of the completed stormwater system prepared in accordance with Section Stormwater Management Subsection 6 (Construction) be submitted. The applicant shall file a Maintenance Covenant on the Land Records as required by Section Stormwater Management Subsection 7 (Maintenance Covenants) of the Town of Guilford Zoning Code. 4. No outdoor storage is permitted without prior approval of the Planning and Zoning Commission. 5. Engineered septic system designs shall be provided. This application is approved based upon a finding that it conforms with the Zoning Code and the Coastal Area Management policies of the State of Connecticut. APPROVED: IN FAVOR: R. Richard, N. Hanf, D. North, T. Cost, S. Girioni and R. Bower OPPOSED: None ABSTAINED: D. Grigsby: Motion carried B. Special Permits 1. Alexander Martins, Jr.: property located at 37 Middle Road, Map 60, Lot 14 & 30, zone R-3. Special Permit for Accessory apartment to a single-family dwelling Request to receive and set public hearing for June 3, On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Alexander Martins, Jr., 37 Middle Road and set a public hearing date of June 3, Don Ifkovic, Jr.: property located at 218 Water St. Map 32, Lot 95, Zone R-3. Special Permit for Accessory Apartment in detached accessory building , and Human habitation in accessory structure Receive and set public hearing date for June 03, On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Don Ifkovic, Jr., 218 Water St. and set a public hearing date of June 3, C. Site Plans B. 1. Yolo (Nikki Rasmussen ): property located at 1010 Village Walk, Map 47, Lot 21-2, Zone TS. Revision to Site Plan to show change of use from retail to professional office and personal service establishment, B. Request to receive and take action. 9 of 16

10 The applicant was not present to present the application. On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Yolo, 1010 Village Walk. D. Other Business 1. New England Threads (Gail Tomsich): property located at 29 Soundview, Bldg. 1, Unit 5. Request for warehouse sale days of May 15, 16 & 17, On a motion by David North, seconded by Noel Hanf, the Guilford Planning and Zoning Commission voted unanimously to approve warehouse sale days of May 15, 16 and Bearhouse Hill Estates (Waldo & Associates ) Section 2 Maps 81 & 87. Request to grant a final extension for an additional thirty days to June 29, 2009 for filing of the maps. On a motion by Tom Cost, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted to grant a final extension to June 29, 2009, for the filing of the maps. David Grigsby abstained. E. Interpretation of: (1)(a) (documentation sent in agenda package) ZEO Reid explained that at a Zoning Board of Appeals meeting a question was raised as to whether a house that has been in existence since the 1800 s, at 218 Water St. in particular, can be moved and become an accessory structure without getting a variance for having been an accessory structure for 10 years, to become an accessory apartment. So, the question is, in our regulations for accessory apartments we say, in order to have an apartment in a detached accessory structure, that structure has to be at least 10 years old. Do we mean that the structure has to be 10 years old or it has to have been an accessory structure for 10 years. Chairman Girioni when the GPA proposed this amendment about 10 years ago, the purpose was to protect old buildings, accessory buildings primarily, but also old buildings. I asked. She asked TP Kral to go back and research the exact reasoning and purpose behind this. TP Kral there were two purposes associated with encouraging the use of detached accessory buildings as accessory dwelling units. One, was to provide for a more affordable housing type and second, was to encourage the preservation of accessory buildings or old buildings, typically barns or perhaps carriage houses or other types of buildings. The purpose is really two fold. That goes back to the original creation of the accessory apartment regulations and stated as recently as the January 15, 1997 when the Preservation Alliance actually spoke in favor of an amendment to the regulations regarding accessory apartments and detached buildings. It was specifically stated that accessory structures add to the character of Guilford. The question that ZEO Reid is asking is, can a building that was a principal structure, clearly more than 10 years old become an accessory apartment in an accessory structure even though originally the original use was not as an accessory structure. Chairman Girioni we have a precedent for that up on 146, the old blacksmith shop that was moved from Water St. up to Rte. 146 beyond Jones Bridge. When Chris McManus came in with a subdivision and a proposal to demolish it, a suggestion was made to preserve it and use it as an accessory structure. We did approve that as an accessory structure. The difference is that this will be moved to a better location that is keeping with the zoning and the variance that hopefully will be given. Comr. Hanf from the text of (1)(a) the wording is, the accessory shall have existed for a period of at least 10 years. It doesn t say it had to be an accessory building it just says that the building that you are going to approve as an accessory building has to have existed for 10 years. This one has existed for over 100 and it seems to meet the plain meaning of the language. Chairman Girioni they spoke with the Town Attorney and he said it was up to us to interpret it. Is there a consensus? Comr. Bower yes, it says for applications for an apartment (which is what we are talking about) in a detached, accessory building (which this will be), the accessory building shall have existed for a period of at least 10 year. So it seems clear. 10 of 16

11 ZEO Reid so that we are very clear, the regulation is talking about the building and not the fact it was an accessory structure. TP Kral The Zoning Enforcement Officer interprets the meaning of the zoning regulations. If she is uncertain, she can consult with you for your opinion. The Planning and Zoning Commission agreed to that interpretation. Dick Fontaine, ZBA questioned the wording of the regulation. Chairman Girioni we wrote the regulation and that is how we interpret it. F. Municipal Coastal Site Plan Review (CAM) Don Ifkovic, Jr., property located at 218 Water St. Map 32, Lot 95, Zone R-3. Municipal Coastal Site Plan Review for 2 lots with new single-family dwellings within 100 ft. of coastal resources Receive and set public hearing date for June 03, On a motion by Noel Hanf, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Don Ifkovic, Jr., 218 Water St. and set a public hearing date of June 3, G. Correspondence 1. Letter of resignation from Commissioner Noel Hanf. H. Committee Reports Zoning Committee meeting on May 11 th, Planning Committee meeting on May 19 th, 4:15 CAM Committee potentially May 15 th. P & Z May 20 th meeting cancelled as there is nothing on the agenda. I. Approval of Bills Royal Printing - $14.60 Glfd. Printworks $35.60 On a motion by Robert Richard, seconded by Tom Cost, the Guilford Planning and Zoning Commission voted unanimously to approve the bills as submitted. I. Approval of Minutes 4/15/09 On a motion by Robert Richard, seconded by Ray Bower, the Guilford Planning and Zoning Commission voted unanimously to table the minutes of April 15, 2009 to the June 3, 2009 meeting. Adjourn There being no further business, and upon a motion by Mr. Richard and seconded by Mr. Bower, it was unanimously voted to adjourn the meeting at 9:50 P.M. Respectfully submitted, Donnette Stahnke May 15, 2009 # # # 11 of 16

12 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : May 4, 2009 SUBJECT : Gregoretti, Mark and Jennifer, 345 Vineyard Point Rd, Map 5, Lot 40 The applicant s proposed pool house will utilize the new septic system designed for the new house. Adequate capacity exists within the sanitary design to accommodate the pool house waste water flow. Based upon our soil test results and site plan review it is recommended that the applicant s proposed use be approved. 12 of 16

13 MEMO May 1, 2009 To: From: Kevin Magee, Environmental Planner RE: Special Permit Pool House / Guest Cottage Mark & Jennifer Gregoretti 345 Vineyard Point Road Guilford, Connecticut Assessor Map 5 Lot 40 I have reviewed the Special Permit for pool house with occasional use guest cottage. The proposed location of the guest cottage was shown on the Inland Wetlands Regulated Activity Plan and Remedial Sanitary System Design for Gregoretti Property, 345 Vineyard Point Road, Guilford Connecticut prepared by Anderson Engineering & Surveying Associates dated February 4, 2009 and last revised February 17, The Inland Wetlands Commission approved the regulated activity at its March 7, 2009 walk meeting. 13 of 16

14 MEMO May 1, 2009 To: From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review Patricia & F. George Dupont 45 Spencer Avenue Guilford, Connecticut Assessor Map 10 Lot 171 I have reviewed the Coastal Area Management Application and the Coastal Area Management Plan for 45 Spencer Avenue dated October The information provided indicates that a 11 x 4 foot addition will be constructed on the south side of the residence along with a new deck, and an outdoor shower. No site grading is proposed as part of this application. All work proposed is located 25 feet away from the coastal boundaries. In order to make sure that the coastal resources are protected the Town of Guilford Zoning Enforcement Officer should be notified to inspect the sedimentation and erosion control measures prior to any site construction. The wash water from the outdoor shower should be directed to a stone permit and details of the stone pit it shall be provided as part of the building permit. The south side of the property should be left for View Access to Long Island Sound and remain unobstructed in accordance to Section Subsection D of the Town of Guilford Zoning Regulations. In addition a note should be placed on Site Plan (Proposed) to indicate that the south side of the property needs to be maintained for View Access. 14 of 16

15 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : May 5, 2009 SUBJECT : Dupont, Patricia and George; 45 Spencer Avenue, Map10, Lot 171 The applicant s proposed accessory additions and bathroom renovations do not conflict with existing septic system facilities currently on site. Based upon our site plan review it is recommended that the applicant s proposed use be approved. 15 of 16

16 To: From: Planning & Zoning Commission James A. Portley, P.E., Town Engineer Date: May 4, 2009 Re: Coastal Site Plan Soundview Road LLC Soundview Road Assessor s Map 42 Lot 118-4, Map 41 & 42 Lot and Map 41 Lot The engineering issues on access, grading and stormwater quality and detention have all been satisfactorily addressed on the latest revision of the referenced plan. It is recommended that the Site Plan be approved as submitted. 16 of 16