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HomeMy WebLinkAbout6-28-05 P&Z MINUTESPlanning & Zoning Commission June 28, 2005 1 TOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549 Fax (860) 848-2354 MEETING MINUTES June 28, 2005 CHAIRMAN, GREGORY MAJEWSKI called the June 28, 2005 Meeting of the Montville Planning & Zoning Commission to order at 7:00 pm. COMMISSION MEMBERS PRESENT: MAJEWSKI, FERRANTE, WOOD, MASTRANDREA, BARON, PIENIADZ, MARCUS, TRYON, and POLHEMUS. COMMISSION MEMBERS ABSENT: CLARK-WILSON, COHEN and MAY. STAFF PRESENT: Thomas Sanders, Zoning Enforcement Officer, and Marcia Vlaun, Town Planner. Commissioner Ferrante will be acting Secretary. Chairman Majewski seated the following: Alternate Commissioner Pieniadz was seated for Commissioner May and Alternate Commissioner Mastrandrea for Commissioner Clark-Wilson. MINUTES: Accept minutes from the meeting of June 14, 2005. Chairman Majewski noted that a correction to the last page of the minutes of June 14th was needed. Item to be corrected is under 8A “The Chairman will contact the FOI Commission”, when the minutes should have read “Staff will contact the FOI Commission”. COMMISSIONER FERRANTE made a MOTION, SECONDED by COMMISSIONER PIENIADZ to APPROVE the minutes of the 6/14/05 meeting with the correction that Staff will contact FOI. Voice vote. All in favor. 9-0 MOTION CARRIED. CORRESPONDENCE: Staff: The Town Planner reported that she had received the following: 1. A letter from the resident of 8 Brewer Street relative to his property that was discussed during a meeting with the Mayor, which has been forwarded to the Public Works Director to address. Commission: Chairman Majewski reported that he had received the following: 1. A letter from Mr. West offering GIS II classes at Southern for a cost of $650.00 per member. The Zoning Enforcement Officer informed the Commission that 1. The Bolles appeal would be back before Judge Hammer around the 3rd week of July. 2. Cockerham: Glen Road has filed suit against the ZBA. Chairman Majewski also informed the Commission that there were a total of 4 lawsuits filed relative to the Gagnier litigation: one on behalf of each member of the Gagnier family, copies of which were distributed to the Commission members. Chairman Majewski also informed the Commission that he had spoken with Barbara Housen of FOI; that he had informed her of the agreement and that she was satisfied. NEW BUSINESS: a) Roy Archambault: An application for a Site Plan review for the construction of a warehouse on the property located at 1404 Route 85, Chesterfield, CT. As shown on Assessor’s Map 6 Lot 1. The Town Planner reported that they are in good shape, but we are still awaiting comments from City of New London DPUC and the State of Connecticut. Since the property is located within the New London watershed, the plans are sent to the City DPUC for their review. They, (the NLDPUC), in turn, sent them to the State for further review and neither of those comments have been received back yet. A MOTION was made by COMMISSIONER WOOD; SECONDED by COMMISSIONER TRYON to CONTINUE Roy Archambault: An application for a Site Plan review for the construction of a warehouse on the property located at 1404 Route 85, Chesterfield, CT. Voice vote. All in favor. 9-0 MOTION CARRIED. b) Roger Veins: An application for a Special Permit for gravel excavation in excess of 500 cu. yards. (Section 6.3.10) on the property located at 37 Fellows Road, Oakdale, CT As shown on Assessor’s Map 37 Lot 22A. The Town Planner informed the Commission that the applicant might have to go back to the Inland/Wetlands Commission since the plan looks deeper than the original. The Town Engineer needs to have time to complete his review. A MOTION was made by COMMISIONER FERRANTE; SECONDED by COMMISSIONER POLHEMUS to set the Public Hearing date for Roger Veins: application for a Special Permit for gravel excavation in excess of 500 cu. yards. (Section 6.3.10) on the property located at 37 Fellows Road, Oakdale, CT for August 23, 2005. Voice vote. All in favor. 9-0 MOTION CARRIED. Planning & Zoning Commission June 28, 2005 2 c) Qun Lok Chin: An application for a Special Permit to convert an existing structure to a two family dwelling on the property located at 103 Fort Shantok Road, Uncasville, CT As shown on Assessor’s Map 104 Lot 23. .A MOTION was made by COMMISIONER POLHEMUS; SECONDED by COMMISSIONER TRYON to set the Public Hearing date for Qun Lok Chin: An application for a Special Permit to convert an existing structure to a two family dwelling on the property located at 103 Fort Shantok Road, Uncasville, CT for July 26, 2005. All in favor. 9-0 MOTION CARRIED. ZONING ISSUES: a) Zoning Officer’s Report. (Tape 1 of 2 count 516) b) Grace A. Button: An application for a Zoning Permit for the construction of a single family dwelling to include a Coastal Site Plan Review for the property located at 93 Kitemaug Road, Uncasville, CT. As shown on Assessor’s Map 84 Lot 157. Discussion was held relative to the fill that was needed and the Zoning Enforcement Officer informed the Commission that the engineer has certified that it will not raise the level of the cove up over a foot. He also said that the original house burnt down and the new home won’t encroach any closer than the old one did. A MOTION was made by COMMISSIONER TRYON; SECONDED by COMMISSIONER WOOD as follows: The Commission approves the coastal site plan and finds that the proposed activity is consistent with all applicable goals and policies in CGS section 22a-92. The Commission finds the project consistent for the following reasons: 1. This project area is designated as shorelands, contains fringe tidal wetlands and a portion of the lot is within the 100 year flood zone. Shorelands are those land areas within the coastal boundary exclusive of coastal hazard areas, which are not subject to dynamic coastal processes and which are comprised of typical upland features such as bedrock hills, till hills, and drumlins. 2. The project is located in a developed R-20 Zone. 3. The lot was previously developed. There is an old foundation on the site. The lot is located in a densely developed area. The lot is served by public sewer. The proposed development maintains a fifty foot buffer to the tidal wetlands and Haughton Cove. The proposed fill area, consisting of 160 cubic yards of fill is not within the buffer area. This minor fill should have minimal impact on the flood zone 4. The applicant has used best management practices based on the 2002 Connecticut E&S guidelines. 5. The project is consistent with the Coastal Policy to regulate shoreland use and development in a manner which minimizes adverse impacts upon adjacent coastal systems and resources. Voice vote. All in favor. 9-0 MOTION CARRIED. c.)William & Jill Daly: An application for a daycare facility, (section 9.2.7), located on the property at 18 Katharine Court, Uncasville, CT As shown on Assessor’s Map 33 Lot 17. The Zoning Enforcement Officer again informed the Commission that complaints had been received relative to the increase in traffic. Attorney McCoy of Heller, Heller & McCoy was on hand representing the applicant. Discussion was held at great length relative to the State of Connecticut regulations and State Statutes that govern this type of facility along with the applicable sections of the Zoning Regulations. A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER BARON to APPROVE an application for a Zoning Permit for a Family Daycare Center (serves less than 6 children) for William & Jill Daly at 18 Katharine Court. Voice vote 7-2 with Commissioners Mastrandrea and Tryon voting no. MOTION CARRIED. d.) Elizabeth Baxter: An application for a Home Occupation Permit located on the property at 51 Jerome Road, Uncasville, CT As shown on Assessor’s Map 69 Lot 23A. Commissioner Baron reminded the Commission that it can’t be a massage parlor. Elizabeth Baxter addressed the Commission and told them that she intended to run a part time massage therapy business at her home and that she is licensed by the State of Connecticut. A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER TRYON to APPROVE a Home Occupation Permit located at 51 Jerome Road for Elizabeth Baxter, for part time massage therapy business. Voice vote. All in favor. 9-0 MOTION CARRIED. e.) Reginald & Karen Orbe: An application for a Zoning Permit for an in-law apartment addition on the property located at 19 Dock Road, Uncasville, CT As shown on Assessor’s Map 70 Lot 100. (Tape 1 of 2 count 2603) A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER FERRANTE to issue a Zoning Permit to Reginald & Karen Orbe for an in-law apartment addition on the property located at 19 Dock Road, Uncasville, CT As shown on Assessor’s Map 70 Lot 100 . Discussion was held relative to conditions that need to be attached to the Permit Planning & Zoning Commission June 28, 2005 3 such as a single utility hookups; affidavit to be filed stating that it can never be rented, etc. The MOTION was AMENDED by COMMISSIONER PIENIADZ and SECONDED by COMMISIONER FERRANTE to include single utility hookup and that an affidavit be filed in the land records that the unit can never be rented. Voice vote. All in favor. 9-0 MOTION CARRIED. PUBLIC HEARINGS: a) Proposed text change in Zoning Regulations: DELETE Section 4.15, 4.15.1, 4.15.2, 4.15.3, 4.15.4, 4.15.5, 4.15.6, 4.15.7, 4.15.8, & 4.15.9 Interior (rear) Lots. (Tape 1 of 2 count 2798)The Public Hearing was opened by Chairman Majewski at 8:15 p.m. and the legal notice was read into the record. Staff: The Town Planner entered the following into the record: 1. A copy of the legal notice that was published in the New London Day. 2. Notices that were sent to the following: Towns of; Bozrah, East Lyme, Ledyard, Norwich, Preston, Salem, and Waterford. Notices were also sent to SCCOG, DEP, New London Public Utilities, and the Office of Long Island Sound/CAM. 3. A response from SCCOG directed to Marcia Vlaun stating that the text deletion would have no adverse effect. 4. A copy of the entire text as it currently is now. Public: For: no comments. Against: 1.) Harry B. Heller of 736 Route 32, Uncasville spoke in opposition of the text deletion. Attorney Heller said that he thinks that the Commission is acting hastily due to the recent events. He went on to say that the interior lot provisions are a necessary component due to the way that the Town was developed. 2.) Robert Schuch of 57 Sarah Drive, Uncasville, spoke against the proposal. Mr. Schuch was in agreement with Attorney Heller, feels as though the Commission has over reacted to the situation and that the regulation serves a cause. No further comment was received from the Public. A MOTION was made to CLOSE the PUBLIC HEARING by COMMISSIONER FERRANTE; SECONDED by COMMISSIONER MASTRANDREA. Voice vote. All in favor. 9-0 MOTION CARRIED. Public hearing closed b) Hatch Construction: An application for a Special Permit in order to construct a two-family dwelling on the property located at 80 Fielding Drive, Uncasville, CT. As shown on Assessor’s Map 85 Lot 19. The Public Hearing was opened by Chairman Majewski at 8:22 p.m. and the legal notice was read into the record. Staff: The Town Planner reported to the Commission that all comments (outside of a few very minor ones) had been addressed as of 6/27/05. Inland/Wetlands Commission had approved the footing drain; all other activity is outside of the buffer. (Tape 2 of 2 count 1) Robert Schuch was present as the applicant’s representative. Public: no comments were received either for or against. A MOTION was made to CLOSE the PUBLIC HEARING by COMMISSIONER FERRANTE; SECONDED by COMMISSIONER WOOD. Voice vote. All in favor. 9-0 MOTION CARRIED. Public hearing closed. c) TAL Properties, LLC: An application for a 3 lot resubdivision on the property located on Route 163, Uncasville, CT. As shown on Assessor’s Map 24 Lots 1 and 1c. (Tape 2 of 2 count 220) The Public Hearing was opened by Chairman Majewski at 8:30 p.m. and the legal notice was read into the record. Commissioner Pieniadz stepped down (written notice attached hereto) and left the room. Staff: The Town Planner informed the Commission that she had received 2 letters from Uncas Health District, one dated 6/10/05 and one dated 6/20/05 (to be entered into the record) which clarified the water issue and she reminded the Commission that the Commercial portion of the proposed subdivision, (2 lots), would have to come back before the Commission for site plan review prior to actual development. No activity will be taking place within the wetlands buffer. The Applicant has completed the previously outstanding checklist items. Public: no comments were received either for or against. A MOTION was made to CLOSE the PUBLIC HEARING by COMMISSIONER FERRANTE; SECONDED by COMMISSIONER TRYON. Voice vote. All in favor. 8-0 MOTION CARRIED. Public hearing closed. Commissioner Pieniadz returned to the room. OLD BUSINESS: Suk Ying Tam: An application for a Site Plan review for a grocery store on the property located at 2310 Norwich- New London Turnpike (Route 32), Uncasville, CT As shown on Assessor’s Map 106 Lot 37. Commissioner Ferrante stepped down (written notice attached hereto) and left the room. (Tape 2 of 2 count 540) The Town Planner informed the Commission that this application is for the conversion of an existing building to a proposed grocery store and that a few minor items are outstanding such as the Building Official’s comments that will need to be addressed. Discussion was held with the applicant relative to the aremoval of the temporary trailers. (Tape 2 of 2 count 790) A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER TRYON as follows: A Motion to approve the site plan for Suk Ying Tam for retail use at 2310 Norwich-New London Turnpike; Map 106 Lot 37. This is a conditional approval. Each and every condition is an integral part of the Commission decision. Should any of the conditions, on appeal from this decision, be found to be void or of no legal effect then this conditional approval is likewise void. Should any of the conditions not be Planning & Zoning Commission June 28, 2005 4 implemented by the applicant or his successors within the specified permit time period, then this conditional approval is void. The applicant may re-file another application review. The conditions of approval are:  The location of the handicapped parking spaces must be revised in accordance with the Building Officials comments  The name of the applicant must be shown in the lower right corner of the plan  The temporary storage units must be removed within six (6) months.  Eliminate or relocate the parking space within 40 feet of the street line  All loading spaces shall be so located that vehicles entering or leaving such spaces do not block any entrance drive to the parking facility Voice vote. All in favor. 8-0 MOTION CARRIED. Commissioner Ferrante returned to the meeting room. a) MTIC Acquisitions LLC: An application for the installation of a booster pumping station for water in conjunction with the Thames Basin Regional Water Interconnection Project on the property located at 1401 Norwich New London Tpke, Uncasville, CT. As shown on Assessor’s Map 41 Lot 4.The Town Planner informed the Commission that comments from District II, DOT still hadn’t been received yet. A MOTION was made to CONTINUE MTIC Acquisitions LLC to the next meeting by COMMISSIONER TRYON, SECONDED by COMMISSIONER WOOD. Voice vote. All in favor. 9-0 MOTION CARRIED. b) §8-24 Review: To accept the following road in the Deerridge Subdivision: Jamies Way and; i.) To release the balance of the Performance Bond from the Town of Montville, posted in the original amount of $78,800.00 which was reduced by 45% ($35,460.00) down to $43,340.00 on December 14, 2004, to be effective upon the date of the road acceptance by the Montville Town Council and; ii.)To require the posting of a One (1) year Maintenance Bond effective upon the date of the road acceptance by the Montville Town Council, in the amount of $7,880.00 (10% of the original Bond amount of $78,800.00). The Town Planner informed the Commission that inspections had been made by Staff; the drainage ways have been stabilized. The file contains the Plan, Certificate of Title, Warranty Deed, State Conveyance Tax form, letter from the Town Engineer confirming that the road is complete and that he has no objections to the favorable report. COMMMISSIONER TRYON made a MOTION; SECONDED by COMMISSIONER FERRANTE to grant a favorable §8-24 report to the Town Council for the acceptance of Jamies Way in the Deerridge Subdivision. Voice vote. All in favor. 9-0 MOTION CARRIED.COMMMISSIONER TRYON made a MOTION;SECONDED by COMMISSIONER WOOD to release the balance of the Performance Bond from the Town of Montville, posted in the original amount of $78,800.00 which was reduced by 45% ($35,460.00) down to $43,340.00 on December 14, 2004, to be effective upon the date of the road acceptance by the Montville Town Council. Voice vote. All in favor. 9-0 MOTION CARRIED. COMMMISSIONER TRYON made a MOTION;SECONDED by COMMISSIONER POLHEMUS to require the posting of a of a One (1) year Maintenance Bond effective upon the date of the road acceptance by the Montville Town Council, in the amount of $7,880.00 (10% of the original Bond amount of $78,800.00) Voice vote. All in favor. 9-0 MOTION CARRIED. OTHER BUSINESS TO COME BEFORE THE COMMISSION: a) Revisions to the Zoning Regulations: Chairman Majewski suggested to the Commission that they set up another workshop and that they have Tom Sanders attend. A MOTION was made by COMMISSIONER BARON; SECONDED by COMMISSIONER FERRANTE to set up a workshop meeting for 7/12/05 at 7:00 p.m. Voice vote. All in favor.9-0 MOTION CARRIED. ADJOURN: A MOTION to ADJOURN was made by COMMISSIONER FERRANTE. The meeting adjourned at 9:10p.m. Respectfully submitted, Judy A. LaRose Recording Secretary A COMPLETE RECORD OF THE MEETING IS ON CASSETTE TAPES ON FILE IN THE MONTVILLE TOWN CLERK’S OFFICE Planning & Zoning Commission June 28, 2005 5