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HomeMy WebLinkAboutPlannerComments \\planning\planningoffice$\PZC\Applications\2022\22 HOME 7 - 531 Rte 163- Firearms Sales of Manufactured and Assembled Items\Staff\22HOME7 531Rte163 HOFirearms PlannerComments Rev 02222022.doc TOWN OF MONTVILLE OFFICE OF THE PLANNING DIRECTOR 310 Norwich-New London Turnpike, Uncasville, CT 06382 Telephone: (860) 848-6779 Email: lburdick@montville-ct.org MEMORANDUM FOR THE RECORD February 22, 2022 PZC Meeting Prepared by Liz Burdick, Planning Director on 02/16/22 Property Address: 531 Route 163 (031-007-00A), Montville, CT Application: PZ #22HO7 – Home Occupation for Firearms Sales/Manufacturing. Applicant(s): Dillon Troxell/DLT Supply, LLC. Property Owner(s): Dillon L. Troxell. Attorney: N/A. Land Surveyor: N/A. Engineer: N/A. Lot Size: .84-acres (36,590SF) Lot Frontage: 626 LF on Route 163 Zoning District: R-120 Public Water/Sewer: No. On-site well & septic Wetlands/Watercourses: Yes. Flood Hazard Zone: No. CAM Zone: No. Public Water Supply Watershed: No. Proposed Public Improvements: No. Legal: Date of Receipt by PZC: 01/25/2022. Decision Required Date (DRD): 3/30/2022. Tabled from the 1/25/22 reg. meeting. EXISTING CONDITIONS: 531 Route 163 is developed with a single-family dwelling. PROPOSAL: Home Occupation for gun sales/manufacturing. MONTVILLE POLICE: See email comments dated 2/21/22. INLAND WETLANDS COMMISSION: N/A. UNCAS HEALTH DISTRICT: N/A. STATE OF CT DEPT. OF HEALTH: N/A. TOWN ENGINEER: N/A. BUILDING DEPT.: N/A. FIRE MARSHAL: N/A. WPCA: N/A. STCT DOT: N/A. BOND: N/A. STAFF COMMENTS: - Although most home occupations are approved administratively by staff, In September 2020, Marcia Vlaun established a policy the Planning & Zoning Commission reviews applications for ones dealing with firearms. - C.G.S. §29-28 states, in part, No permit for the sale at retail of any pistol or revolver shall be issued unless the applicant holds a valid eligibility certificate for a pistol or \\planning\planningoffice$\PZC\Applications\2022\22 HOME 7 - 531 Rte 163- Firearms Sales of Manufactured and Assembled Items\Staff\22HOME7 531Rte163 HOFirearms PlannerComments Rev 02222022.doc revolver issued pursuant to section 29-36f or a valid state permit to carry a pistol or revolver issued pursuant to subsection (b) of this section and the applicant submits documentation sufficient to establish that local zoning requirements have been met for the location where the sale is to take place, except that any person selling or exchanging a pistol or revolver for the enhancement of a personal collection or for a hobby or who sells all or part of such person's personal collection of pistols or revolvers shall not be required to submit such documentation for the location where the sale or exchange is to take place. - Applicant Dillon Troxell, DLT Supply states in his application “My business will be firearms sales/assembled items. Manufacturing may consist of a small self-contained drilling operation and resale of outdoor vendor goods. These items will be marketed and sold through web distribution and shipped through a regulated shipping service with occasional pick up by appointment.” - Applicant addressed and is compliant with all of the requirements of ZR Sec. 4.11.2 (Home Occupations Permit). - In a narrative received on 2-10-22, the Applicant addressed Federal Firearms License (FFL) requirements. He stated “Throughout this application process, I have had a conversation with Lieutenant Radford of the Montville Police Dept. to make sure he didn’t have any specific questions or additional requirements. LT Radford wanted to make sure that I was following all the legal routes to obtain my FFL which is what I will be doing and he was happy to hear that I was checking all the necessary boxes.” The application was referred to LT Radford and comments, if any, are pending. STAFF RECOMMENDATION: Staff recommends approval with conditions. The following MOTION is suggested for any favorable approval: I make a Motion to approve the application of Dillon Troxell, DLT Supply, LLC for a home occupation for Firearms Sales & Manufacturing at 531 Route 163 (031-007-00A), Montville, CT with the following terms and conditions:  In accordance with Federal Law 18 U.S. Code  921(a) (3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.  The applicant shall not be a dealer in firearms as defined in Federal Law 18 U.S. Code  921 (a)(11)(A), a person who devotes time attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.  The Applicant shall comply with all Federal, State and local laws regarding the sale and secure storage of firearms  There shall be no direct sales from the home. All sales shall be done off-site at a legal location, through a mail order catalogue or online.  The applicant shall convey the firearm directly from the home in accordance with applicable Federal and State firearms regulations, only after the actual sale has been completed. \\planning\planningoffice$\PZC\Applications\2022\22 HOME 7 - 531 Rte 163- Firearms Sales of Manufactured and Assembled Items\Staff\22HOME7 531Rte163 HOFirearms PlannerComments Rev 02222022.doc  Any exchange of payment which takes place at this residence will be for the sole purpose of a conveyance fee. Such payment will not include, under any circumstances, the cost of the firearm itself. Discuss further with PZC per P.D.  This Home Occupation Permit is not transferable to any other location or address. Discuss further with PZC per P.D.  It is the Applicants responsibility to secure all necessary Federal, State or Local permits or registrations pertaining to RSA FFL  Any violation of the terms and conditions of this permit shall result in the immediate termination of this permit. This initial Home Occupation Permit is valid for one (1) year of the date of issuance. The Applicant may request a permit renewal.  Future exterior signage requires an approved zoning permit and shall be limited to the name of the business (DLT Supply, LLC) and shall not advertise the sale of firearms or related items. (REVISED BY PLANNER 2/22/22).