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

Transcription

1 M I N U T E S Public Hearing June 3, 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, Ray Bower (Secretary), David North, Tom Cost Michael Scott, Kimberley Bailey Madelung, Peter Jelley George Kral (Town Planner), 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), North (V), Bower (V), Cost (V), Scott (Alt) (V), Madelung (Alt) (V), Jelley (Alt); Staff: Kral, 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. 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 Received May 6, 2009, public hearing set for June 3, 2009, continued to July 1, On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to continue the application for Alexander Martins, Jr., 37 Middle Road to July 1, 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 Received May 6, 2009, public hearing June 03, Gregg Fedus, Fedus Engineering, LLC, 47 Water St., Mystic, CT As representative for the applicant he provided revised plans dated 6/2/09. The Guilford Preservation Alliance, after looking at the house several times, asked that the house not be demolished. Chairman Girioni it is her understanding that it is within a National Register Linear District and cannot be demolished without State approval. Gregg Fedus the applicant has agreed to save the house. They are proposing to remove the rear addition which was added on sometime after the original structure was built and then move the original structure to the northeast, further down Route 146. It will be rotated parallel to Route 146 and moved back 10 across from the right-of-way line. They have received approval from the Inland Wetlands Commission and two variances from the Zoning Board of Appeals. They are 25 from the coastal resources. Because of the ceiling heights, the existing structure cannot be utilized as a primary structure. It is 1,536SF and will be used as an accessory structure as approved by the ZBA. There is adequate parking.

2 Chairman Girioni noted that one of the purposes and motivations behind allowing accessory apartments was to allow old buildings. Chairman Girioni asked for questions from the audience and there were none. She asked for comments in support of the application. Walter Weissborn, 93 White Birch, Guilford Preservation Alliance On behalf of the Guilford Preservation Alliance he thanked the applicant for his efforts to save this building. Sally Flamer, neighbor Spoke in favor of the project and the improvement it will make to the neighborhood. Chairman Girioni asked for comments from the audience in opposition. There were none. She read memos from Town Engineer Jim Portley no conflicts; Director of Health, Dennis Johnson recommended approval. This portion of the public hearing was closed at 8:00 P.M. 3. 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 Received May 6, 2009, public hearing date set for June 03, Gregg Fedus pointed out the coastal resources for the Commission. There is a 25 buffer along the tidal wetland line which is protected by silt fence. The grading is a 4:1 slope. The primary septic systems are as close to the southern line as possible. The driveway is located to accommodate the sight lines. Stormwater treatment is proposed for the first inch of roof runoff. The runoff from the accessory building will drain to a rain garden which is located at the northwest corner of the building. The only portion of the driveway that will be paved is the apron which is within the State right-of-way. The rest of the driveway will be gravel. Stock piles will be vegetated and surrounded by silt fence. We are in compliance with CAM and there is a letter in the file from John Gaucher, DEP. Chairman Girioni read letters from John Gaucher into the record. no unresolved issue with regards to the Town s jurisdiction. EP Magee explained that the DEP will have to approve the docks that are proposed. Gregg Fedus they have met with Susan Bailey of DEP regarding the docks and she is waiting for a formal application. John Henningson, Harbor Management Commission Presented the recommendations of the Harbor Management Commission which will have to be addressed with the application to the DEP for the docks. Comr. Bower approving this application does not approve the docks Chairman Girioni correct. Comr. Bower we should note in the approval that the docks are not included. EP Magee read his comments into the record. Chairman Girioni received a memo from Wayne Vetre from the Fire Department approval with changes. Gregg Fedus explained the changes. He noted that all structures on this property will conform with FEMA regulations. Chairman Girioni this is noted in Jim Portley, Town Engineer s memo. Comr. Richard what will the planting plan be? Gregg Fedus we are going to leave it as is but will work with the town to remove any invasives. Chairman Girioni asked for questions or comments from the public. There were none. This portion of the public hearing was closed at 8:10 P.M. REGULAR MEETING APPROVAL OF REVISED AGENDA - Agenda revised 6/ 3/09 2 of 14

3 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 Ifkovic (2) MOTION: R. Bower 2 ND : R. Richard VOTED: That the Guilford Planning and Zoning Commission approve a Special Permit for an Accessory Apartment in a Detached Building, and Interior Lot, and a Coastal Site Plan application to create two lots and two new dwelling units for Don Ifkovic, Jr. at 218 Water Street, Map 32, Lot 95 as shown on First Split Map/Site Development Plan, Land of Don Ifkovic, 6 sheets, prepared by Gesick & Associates, P.C. and Fedus Engineering, LLC, dated September 4, 2008, revised to June 3, This application is approved with the following conditions; 1. That engineered designed septic systems are required for each lot. 2. That construction of the dwelling units will require compliance with the Town Flood Ordinance. This application is approved based upon a finding that with the variances granted it conforms with the Zoning Code of the Town and the Coastal Management policies of the State of Connecticut. The Special Permit is effective on June 12, 2009 and upon filing with the Town Clerk. It is noted that this approval does not constitute approval of the proposed docks and piers which are subject to the authority of the Connecticut DEP. The applicant is also urged to consider the recommendations of the Guilford Harbor Management Commission. Discussion Comr. Scott the Fire Marshall had issues with the previous proposal and the historic existing structure was a concern. Questions have been answered and neighbors have come to speak in support. Chairman Girioni she is very happy that the purpose for the special permit for accessory structures was honored and fulfilled. The application has been upgraded and conforms to all of the Commission s requirements. Comr. North spoke regarding the history of the property, the applicant is making great efforts to preserve this house. APPROVED: IN FAVOR: R. Richard, D. North, T. Cost, S. Girioni, M. Scott, K. Bailey and R. Bower OPPOSED: None ABSTAINED: Motion carried B. 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. Received May 6, Nikki Rasmussen, 311 White Birch Drive She is requesting a change of use from retail to personal services. Chairman Girioni and personal services is aesthetics and spa? Nikki Rasmussen correct. Chairman Girioni read the memo from Dennis Johnson, Director of Health no conflict. 3 of 14

4 MOTION: M. Scott 2 ND : T. Cost Voted: That the Guilford Planning and Zoning Commission approve a change in use for 1010 Village Walk, Map 47, Lot 21-2 from retail to professional office and personal service establishment. This application is approved based upon a finding that it conforms with the Zoning Code. Discussion Comr. Bower it is probably a less intensive use than the prior occupant. Chairman Girioni it is a straightforward application. APPROVED: IN FAVOR: R. Richard, M. Scott, D. North, T. Cost, S. Girioni, K. Bailey and R. Bower OPPOSED: None ABSTAINED: Motion carried Whitfield Street LLC (Craig Maturo ): Property located at Whitfield Street, Map 39, Lot 93, Zone CD-1. Revision to Site Plan to show change in use from retail to restaurant B. Receive On a motion by Ray Bower, seconded by Michael Scott, the Guilford Planning and Zoning Commission voted to receive the Site Plan application for Whitfield Street, LLC 3. Wal-Mart - (Apex Companies) Property located at 900 Boston Post Road, Map 47, Lot 22B, Zone SC. Revision to site plan to remove three trees from leaching field area B. Receive and request for action. On a motion by Robert Richard, seconded by David North, the Guilford Planning and Zoning Commission voted to receive and take action on a request from Wal-Mart to remove three trees. Chris Trabaccio, Apex Companies representing the company that operates the wastewater treatment system for the Wal-Mart store at 900 Boston Post Road. During the January 2009 inspection by the CT DEP, they noted that there were trees planted in a vegetated island that extends over the septic leaching fields. They were concerned that the root system might grow down into the galleries and cause damage to the septic system so they have requested that those trees be removed and be replaced with shrubs or some plantings with shallow roots. Chairman Girioni These are Honey Locust trees. There are two letters in the packet, one from Apex and one from DEP. Chris Trabaccio there are two trees that are directly over the leaching field. Chairman Girioni how far is the other tree from the leaching gallery? Chris Trabaccio within 10. Chairman Girioni did not think that the roots of a Honey Locust will reach that far. The trees have been there 7 or 8 years; why hasn t something been said before? She asked EP Magee what he thought about this proposal. EP Magee would like to see a proposal for moving the trees and alternate plantings. Chairman Girioni the Commission needs to know how deep and wide a Honey Locust s root system grows. TP Kral EP Magee should work this out with DEP. Chairman Girioni we need more information. Comr. Cost read letter from DEP. The DEP is requiring that the trees be moved. On a motion by Michael Scott, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to continue the action decision for Wal-Mart, 900 Boston Post Road until the July 1, 2009 meeting. 4 of 14

5 C. Municipal Coastal Area Management Plan 1. Jeanne Kinnard: Property located at 394 South Union Street, Map 34, Lot 35-3, Zone R-3. Municipal Coastal Site Plan Review for addition to house, stairs, deck driveway and garage, total impervious surface increase from 2.6% to 2.9% within 100 ft. of coastal resources Receive and set public hearing date for 7/1/09. On a motion by Robert Richard, seconded by Michael Scott, the Guilford Planning and Zoning Commission voted unanimously to receive the application for Jeanne Kinnard, property located at 394 So. Union St. and set a public hearing date for July 1, D. Special Permit 1. Community Nursery School: Property located at 262 Sachems Head Road, Map 15, Lot 4A, Zone R-5. Construction of 16 X22 storage shed Receive and set public hearing date 7/1/09. On a motion by Robert Richard, seconded by Michael Scott, the Guilford Planning and Zoning Commission voted unanimously to receive the application for the Community Nursery School, 262 Sachem s Head Road and set a public hearing date of July 1, William Butterly, III: Property located at 4985 Durham Road, Map 129, Lot 8, Zone R-8. Accessory structure over 750 SF. Reconstruction of antique barn to house antique farm equipment Receive and set public hearing date for 7/15/09. On a motion by Robert Richard, seconded by Michael Scott, the Guilford Planning and Zoning Commission voted unanimously to receive the application for the William Butterly, 4985 Durham Road and set a public hearing date of July 15, The Guilford House, LLC : Property located at 109 West Lake Ave., Map 84, Lot 25 & 24, Zone R-7 & R-5. Convalescent Home renovation/enlargement of 75-bed facility from 41,040 SF to 41,913 SF (873 SF addition). Facility to remain at 75 bed occupancy Receive and set public hearing date for July 1, On a motion by Tom Cost, seconded by David North, the Guilford Planning and Zoning Commission voted unanimously to receive the application for the Guilford House, LLC, 109 West Lake Ave. and set a public hearing date of July 1, E. Correspondence 1. Educational workshop registration from the CT Conference of Municipalities re: FOIA, Ethics & Public meetings. She encouraged the two new alternates to attend. F. Committee Reports Zoning Committee meeting on May 11 th. They discussed the protection of stone walls and some changes in the Agriculture Regulations. Planning Committee meeting on June 15 th Plan of Conservation and Development June 11 th. CAM Committee every Friday unless otherwise notified P & Z June 17 th meeting cancelled as there is nothing on the agenda. I. Approval of Bills Visual Clarity - $10.00 Shore Publishing $ On a motion by Ray Bower, seconded by Robert Richard, the Guilford Planning and Zoning Commission voted unanimously to approve the bills as submitted. 5 of 14

6 I. Approval of Minutes 4/15/09 On a motion by Robert Richard, seconded by Ray Bower, the Guilford Planning and Zoning Commission voted to approve the minutes of April 15, 2009 with Tom Cost and Michael Scott abstaining On a motion by Robert Richard, seconded by Ray Bower, the Guilford Planning and Zoning Commission voted to approve the minutes of May 6, 2009 with Michael Scott abstaining. 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 8:37 P.M. Respectfully submitted, Donnette Stahnke June 10, 2009 # # # 6 of 14

7 June 2, 2009 To: From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review Don Ifkovic, Jr 218 Water Street Guilford, Connecticut Assessor Map 32 Lot 95 I have reviewed the Coastal Area Management Application and the Coastal Area Management Plan for 218 Water Street prepared by Gesick & Associates P.C. and Fedus Engineering LLC. dated September 4, 2008 and last revised April 30, The revised plan shows a house located adjacent to Water Street being relocated 25 from the coastal resource of the West River and a new house would be constructed approximately 25 east of the former house location. The house located on the rear of the property would be demolished and a new house would be constructed at that location. The applicant is proposing new septic systems for each building, storm water detention systems, driveway and site grading. In addition the applicant proposes to construct two piers connected to floating boat docks located in the West River. John Gaucher of Connecticut Department of Environmental Protection (CT-DEP) Office of Long Island Sound reviewed the documents submitted to his office. In a telephone conversation with John Gaucher, he indicated that the applicant needs to submit a Coastal Permit application to the CT-DEP for the construction of the piers and the boat floats located below the high tide line. John also indicated that the CT-DEP may approve the piers & boat floats but possible at different locations which will have a less impact on the coastal resources. In addition, John noted in his February 2, to the Planning and Zoning Commission that CT-DEP violations may exist regarding the existing boat ramp and floating dock. Since these items are located below the high tide line they fall under the jurisdiction of the CT-DEP and would need to be addressed as part of a Coastal Permit to CT-DEP. John Gaucher reviewed the April 30, 2009 revised site plan and indicated in a May 11,2009 that he had no comments for the commission. At its January 14, 2009 meeting, the Guilford Inland Wetlands Commission reported favorably to the Planning and Zoning Commission for subdivision referral of this property along with approval of the regulated activity. As part of the approval a bright orange construction fence and silt fence needs to be inspected by the Inland Wetlands Enforcement Officer prior to the commencement of construction activities. In addition the permitte shall submit a performance bond in the amount of $2,000 to the Inland Wetlands Enforcement Officer before any clearing or construction to insure compliance with the permit. At its May 13, 2009 meeting the Commission approved the applicants April 30, 2009 revised site plan. 7 of 14

8 The applicants proposed Erosion and Sedimentation Control Plan, stormwater detention system, and Inland Wetlands conditions will help to protect the adjacent coastal resource of the West River from the effects of site development. The construction of the piers and boat floats are consistent with the Coastal Area Management Polices of the CT-DEP. The permitting of these structures require a Coastal Area permit issued by the CT-DEP. The applicant should contact the CT-DEP Office of Long Island Sound to rectify any issues concerning the existing dock and boat launch. Any changes to the plan would require approval by the Inland Wetlands Commission. 8 of 14

9 TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : March 4, 2009 SUBJECT : Ifkovic, Donald; 218 Water Street, Map 32 Lot 95 The feasibility of the applicant's proposed lot split has been evaluated through soil testing and site plan review. Suitable soil conditions exist in each parcel for construction on on-site septic systems. The proximity of coastal resources and other site development setback requirements limits the location of septic system component. In consideration of soil test results and site plan review it is recommended that the applicant's proposed use be approved with the following condition: 1) Engineered designed septic systems are required for each proposed lot. 9 of 14

10 DATE: June 2, 2009 TO: Planning & Zoning Commission FROM: James A. Portley, Town Engineer, P.E. SUBJECT: Applications for Don Ifkovic, Jr., 218 Water St., Map 32, Lot 95 a.) Special Permit for Accessory Apartment b.) Municipal Coastal Site Plan Review The plans for the referenced applications have been reviewed for compliance with the Storm Water Management Criteria, Flood Damage Prevention Ordinance requirements, grading and general engineering issues and have been found adequate. There are no objections to approval of the applications. 10 of 14

11 We have review the above-referenced coastal site plan review application for consistency with Connecticut Coastal Management Act policies and have no comments for the 's consideration regarding the proposed development. However, the land contains a crudely constructed boat ramp and a floating dock. Neither structure has been authorized by this Department. The boat ramp is located on proposed parcel 1 while the float has been located off the riparian rights area associated with proposed lot 2. These unauthorized structures, which may represent violations, should be addressed before the lots are sold to new owners. Two new docks are proposed; one for each lot. Issues regarding the unauthorized structures would also need to be resolved before any additional structures could be permitted. The applicant or agent should contact Susan Bailey with this Office's Permitting & Enforcement Section to discuss the existing unauthorized structures and the permit process to construct two new docks. Ms. Bailey can be reached directly at John Gaucher Environmental Analyst 3 Office of Long Island Sound Programs 79 Elm Street Hartford, CT of 14

12 Kevin, We have reviewed the above-referenced proposal for consistency with Connecticut Coastal Management Act policies and have no comments for the Planning & Zoning Commission's consideration. Please let me know if you have any questions or if you need any additional information. John Gaucher Environmental Analyst 3 Office of Long Island Sound Programs 79 Elm Street Hartford, CT of 14

13 TO: Planning and Zoning Commission FROM: RE: John Henningson, Chair Proposed Ifkovic Piers The Commissioners noted that Item 2.and 3. on the Public Hearing Agenda for 6/3/09 are 1.A special permits and a Municipal Coastal Site Plan Review for Site Development at 218 Water Street. We have reviewed the Proposed Site Development Plan dated 9/4/08 and the completed Coastal Area Zone form. As a result we have the following comments. 1. The applicant proposes to leave in place the existing gravel boat launch and float. Further, the plan refers to the existing top of rock formation adjacent to the ramp. This does not appear to be a natural rock formation The structure actually appears to be a manmade pier created from the material excavated for the launch ramp many years ago.. The pier is of greater elevation and juts out beyond the natural shore line. 2. Both of these features are probably unpermitted violations of the State Environmental Laws. A check with the CTDEP Long Island Sound Program verifies that, if these structures are not permitted, no additional access features will be allowed until the violations are resolved. 3. The proposed piers will cross and could possibly damage linear wetlands along the bank of the West River. This area is designated as follows by the Towns Natural Resource Inventory and Assessment dated January a. A significant river system b. A natural diversity data base site c. A wildlife movement corridor d. A significant natural resource area e. A scenic coastline marsh, and f. A 100 year flood area 4. The proposed piers, ramps and jut out into the River 30 feet from the Mean High Water Line on the natural bank at the proposed locations.. A12-18 foot boat berthed alongside the float would add an additional 5-8 feet for a total of 35 feet. The river channel at MHW is approximately 90 feet wide at this point. The estimated depth at MHW is less than 10 feet. Therefore, the combined protrusion into the channel is 35 feet, more than the US Corps of Engineers guideline of 25% of the Channel width at MHW. Assuming an minimum stable slope of 1:2 (rise over run), the river channel at MLW is about 45 feet wide and up to 3 feet deep. Similarly, including any boat left on the float at low water, the structure would jut out 24 feet into the channel at MLW,. This would also exceed the 25% USCOE guideline and have an adverse impact on safe navigation of small boats such as kayaks and canoes, which use this scenic reach of the River. 5. These piers would be precedent setting for this reach of River. They are an unnecessary projection into the River Channel as by demonstrated the use of a bulkhead system with a ladder to a linear float just downstream at Guilford Marine. 6. At a minimum, if approved, the piers should end at MHW. As a result the ramp, float and any associated boat will not restrict the channel unnecessarily and have less of a visual impact in this significant natural resource area. 13 of 14

14 7. Additionally, before construction and in addition to any CTDEP permit, the applicant must obtain a structural permit for each of the piers as stipulated in section 148-8of the Town Building Code. Such a permit may well require a certification by a qualified structural engineer with respect to wind, waves, ice flows and other factors which may cause damage to the pier, ramp and float and cause a navigation hazard, debris on adjacent property or a risk to the general public. Respectfully submitted, John C Henningson P.E. Chair 14 of 14