PLANNING AND ZONING COMMISSION

Transcription

1 PLANNING AND ZONING COMMISSION 1019 Main Street, PO Box 150, Branford, CT Tel: (203) , Fax: (203) MINUTES PLANNING & ZONING COMMISSION THURSDAY, NOVEMBER 21, 2013 REGULAR MEETING & PUBLIC HEARING 7:00 P.M. SENIOR CENTER, 11 CHERRY HILL ROAD Present: Chair E. McGuigan, C. Andres, P. Fischer, J. Chadwick, J. Vaiuso, M. Palluzzi, S. Duhamel. Staff: Town Planner- José Giner, Town Engineer Janice Plaziak, Assistant Town Planner Rich Stoecker. Chairman McGuigan called the meeting to Order at 7:00 p.m. and introduced the Commission members and staff present. CALL OF MEETING: P. Fischer read the Call of the Meeting into the record. PUBLIC HEARING: 1. William W. Schneider, PE TA Travel Center 3 East Industrial Road Special Exception-4,700 sq. ft. addition to existing building Application# a/r 09/19/13 PH 10/17/13 William (Skip) W. Schneider, PE from CEI Engineering addressed the commission noting the latest revisions to the site plan including landscaping around the maintenance buildings (inkberry), isolux plan with cut sheets for code compliant wall pack lighting fixtures, and revised sewer connections approved by the Town Engineer. The grassed buffer along East Industrial Road was deemed by staff to contain too many buried utilities to allow for street tree plantings. The applicant offered to plant clustered shrubs along the buffer to be reviewed and approved by the Planning and Zoning Department staff. Chairman McGuigan asked if there was anyone in the public who wished to speak. Attorney Leo Carroll, representing 595 Corporate Circle, owners of property across East Industrial Road, stated that his clients are pursuing development of a large tract of land for retail and restaurant uses. He submitted a letter (Exhibit 1) asking the commission to consider requesting a traffic study from the applicant, along with a drainage study to gauge the impact on his client s property. Mr. Carroll suggested these are warranted due to potential increased traffic and relocation of the highway interchange. Mr. Schneider entered a rebuttal noting that he had not spoken with the 595 Corporate Circle engineers concerning the proposed traffic and drainage studies, however he did speak with them regarding their interest in alignment of future access across East Industrial Road. Mr. Schneider produced a draft schematic of retail/restaurant development (Exhibit #2) across the street (East Industrial Road) with a potential access across from the TA site. He stated that he had received this from the property owners engineer. Jaycee Wyatt, 84 East Main Street stated she was concerned about the lack of landscaping and encouraged the Commission to require more landscaping along the East Industrial Road, possibly a mounded bedding area with evergreen plantings. M. Palluzzi noted that there should MINUTES OF MEETING NOVEMBER 21, 2013 Page 1 of 6

2 be a diversity of species planted to guard against spread of individual disease. Planting of appropriate shrubs will provide screening. No other public input was provided and the public hearing was closed. 2. Adam Church 259 Linden Avenue Special Exception-Accessory apartment within existing accessory structure Application# a/r 10/03/13 Public Hearing 11/21/13 Public Hearing requested to be reset for 11/21/13 by applicant Chairman McGuigan noted that the applicant was not present and that the assembled public may provide input on the application. The public hearing was opened and would be continued to the next commission meeting on December 5, J. Giner read a letter from Ray and Linda Sinatra, 4 Bayberry Lane noting the unique small lot residential nature where out buildings may be closer to neighbors than principal uses and legality of the work completed on the accessary structure. The following residents provided input voicing disapproval of the proposed accessory apartment: Peter Anderson, 263 Linden Avenue noted he did not receive a notice of hearing and read an Ecclesiastical Society deed restriction for 259 Linden Avenue restricting use of anything more than a single family structure. Maureen O Connor, 46 Maltby Street, submitted a letter noting flood hazards of the location. Rick Zilinskas, 22 Bayberry Lane cited the high density of the single family residential area with impacts on seasonal traffic impacts. Gary Beeman, 20 Bayberry Lane noted the need for the first floor elevation as requested by the Town Planner. The public hearing was continued until December 5, Bluepoint Apothecary, LLC 469 East Main Street Special Exception-Medical wellness center/medical marijuana dispensary Application# a/r 10/17/13 Public Hearing 11/21/13 Nick Tamborrino, a licensed Pharmacist and applicant, detailed the proposed use, hours of operation, employees, accommodation of monthly patients, use of space, details of medicines, services, security, marketing, signage, floor plans, and summarized the State of Connecticut Medical Marijuana Program. The Chairman sought public input. The following people voiced support for the application: Judy Stengel, 2 nd Ave. (Hotchkiss Grove) voiced support of Nick Tamborrino as a very passionate professional pharmacist. Laurie Vogh, 22 Russell Street, supports the new health business. Medical marijuana is a pharmaceutical product with fewer side effects for some patients in need. She thinks the application presented is very sound and professional. Gerry Mastrangelo, building owner of Planet Fitness where the proposed attached dispensary will be housed. He noted the space will not be accessed from the gym and is located in a discreet location at the back of the building. Members of the gym have voiced no concerns. He stated he would never allow the proposed use if he thought the proposal would jeopardize the success of his business. Jennifer Vera, 269 Shore Drive, supports the application noting cancer patients need more medication options. MINUTES OF MEETING NOVEMBER 21, 2013 Page 2 of 6

3 Marjorie Lazar is a colleague of Nick s and suffers from glaucoma which is aided by the use of medical marijuana. Peter Sachs, 3 Weir Street, supports Nick and his very professional plan. The following two persons questioned the application. Linda Reed, Watrous Avenue, questioned whether the use fits any allowable use in the Industrial zoning districts. Jacey Wyatt, 84 East Main Street was in support of the use and pharmacist but questioned the site and security. Nick Tamborrino, presented a CTDCP document that clarified the dispensaries as a medical service. The public hearing was closed. MINUTES: J. Vaiuso made a motion to approve the minutes of the 10/17/13 meeting. J. Chadwick seconded the motion which passed unanimously, 5-0. CORRESPONDENCE: P. Fischer read his resignation letter into the record. J. Giner noted correspondence with a resident concerning a fence issue. RETURNED TO TABLE 1. William W. Schneider, PE TA Travel Center 3 East Industrial Road Special Exception-4,700 sq. ft. addition to existing building Application# a/r 09/19/13 PH 10/17/13, PH Closed 11/21/13 The Commission discussed the application. P. Fischer made a motion to approve with conditions listed below. J. Vaiuso seconded the motion which passed unanimously, The storage trailers currently occupying the island adjacent to the west façade shall be removed and the island planted per the approved plans prior to the ZEO signing off on any certificates of occupancy. 2. The applicants shall submit revised detailed landscaping plan displaying at least three different species of shrubbery for staff approval prior to issuance of a building permit. 3. Bluepoint Apothecary, LLC 469 East Main Street Special Exception-Medical wellness center/medical marijuana dispensary Application# a/r 10/17/13 Public Hearing 11/21/13, PH Closed 11/21/13 The commission discussed the application. C. Andres made a motion to approve the application with the condition listed below. J. Chadwick seconded the motion which passed unanimously, There will be no retail sales of marijuana pipes on the premises. OLD BUSINESS: None NEW BUSINESS: 1. Gerald P. Ryan-applicant Anthony Papa Trustee-owner 21 North Branford Road Special Exception-3 new commercial buildings for office & warehousing MINUTES OF MEETING NOVEMBER 21, 2013 Page 3 of 6

4 Application# Application to be accepted for review and public hearing date set. The application was accepted for review and a public hearing set for 12/19/ Angelo Dirienzo 92 Damascus Road Special Exception-Accessory apartment within existing dwelling Application# Application to be accepted for review and public hearing date set. The application was accepted for review and a public hearing set for 12/19/ Branford Gun Club, Inc. David Panagrossi-applicant 40 Red Hill Road Site Plan-Revision for proposed storage shed at existing Gun Club Application# Application to be accepted for review. David Panagrossi addressed the application explaining the history of the club and location dating back to the 1930 s. R. Stoecker read the staff report, distributed photographs of the grounds noting the neat appearance of the skeet range, clubhouse and parking area. R. Stoecker stated that there have been no recorded complaints concerning the existing operation of the Branford Gun Club at 40 Red Hill Road. The Commission waived the need for a public hearing. S. Duhamel made a motion to approve the application with no conditions. J. Vaiuso seconded the motion which passed unanimously, Town of Branford c/o Janice Plaziak 30 Harrison Avenue Site Plan-Exterior 4,000 gallon fuel tank Application# Town Engineer Janice Plaziak and Otto Berger, Supervisor of building maintenance, explained the purpose of siting an above ground 4,000 gallon fuel tank at the location on the traffic island on the south side parking lot of the Community Dining Room. R. Stoecker highlighted the staff report. He noted that application was reviewed by the Town Center Review Board on November 13, They suggested conditions to provide screening of the tank. C. Andres made a motion to approve the application with the Town Center Review Board conditions listed below. P. Fischer seconded the motion which passed unanimously, Install a buffer of evergreens on the two sides exposed to the public (west and east). Submit final landscape plan for review. 2. Keep the bollards and curbline the farthest distance possible from Harrison Avenue to allow a strong line of evergreens. 3. Investigate the use of softer colors for tank and bollards (green) if allowed by safety codes. 5. Palmer Realty-Owner IBE, LLC-Applicant 48 North Branford Road Site Plan-Assembling & Manufacturing use (Wilson Arms) in existing building Application# Mr. Hugo Vivero addressed the Commission noting the intention for Wilson Arms to consolidate operations in Branford. Besides the existing assembly operations on Leetes Island Road, the MINUTES OF MEETING NOVEMBER 21, 2013 Page 4 of 6

5 company seeks to close down an operation in Wisconsin and move it to Branford. They intend to purchase the 26,000 square foot building at 48 North Branford Road for rifle barrel production. R. Stoecker highlighted the staff report emphasizing the benefit to Branford in cleaning up a site which has been neglected, providing employment to the region and consolidation of manufacturing operations. S. Duhamel made a motion to approve the application with the conditions listed below. J. Vaiuso seconded the motion which passed unanimously, Replacement of exterior lighting fixtures and lamps with code compliant (full cut off) high pressure sodium fixtures/lamps. 2. Replace pavement that extends to the building with grass and crushed stone for infiltration purposes. 6. James Inglese 540 East Main Street, Unit 5 Special Exception-Retail < 3,000 sq. ft., Robyn s Gulten Free Market Application# Application to be accepted for review and public hearing date set. The application was accepted for review and a public hearing set for 12/19/ Linda F. Giordano-Owner Mark Young, Waldo & Associates-Applicant 207 Pine Orchard Road Subdivision-2 lots in Pine Orchard Zoning District Application# Mark Young, Waldo & Associates, addressed the Commission noting approval by Pine Orchard Association. J. Giner noted that research indicates the application is a resubdivision that requires a public hearing. The application was accepted for review and a public hearing set for 12/19/ David Mahon, Soos & Associates, Inc.-Applicant JMM Property LLC, Joe Moruzzi-Owner West Main Street Site Plan-Site Plan for Five Guys per conditions of approval 06/06/13 Application# Joe Devine, P.E. with Lenard Engineering, highlighted the minor modifications to the Site Plan concerning parking lot grading to meet ADA handicapped parking standards, elevations and façade materials of restaurant, outdoor seating, landscaping, floor plans, location and installation schedule for grease trap, building/umbrella signage, building lighting and other conditions of approval. R. Stoecker highlighted the staff report. P. Fischer made a motion to approve the conditions of approval and ADA grading modifications. S. Duhamel seconded the motion which passed unanimously, ASM Prospect, LLC-Applicant 16 Mona Ave (Lot 9) Building Lot Determination for Free Split Application# J. Giner stated that research has determined that a subdivision application is required. 10. ASM Prospect, LLC-Applicant 16 Mona Ave (Lot 9-1) Building Lot Determination for Free Split Application# J. Giner stated that research has determined that a subdivision application is required. MINUTES OF MEETING NOVEMBER 21, 2013 Page 5 of 6

6 OTHER BUSINESS: 1. Discussion of parking standards for medical uses. J. Giner distributed a comparison table of other Connecticut municipal parking standards for discussion purposes. The owner of the Stony Creek medical facility has inquired about lowering the parking requirement at the location on Business Park Drive. The Commission discussed the issue and asked that staff examine other recent medical office/surgical center parking operations. Meeting adjourned at 10:35 PM Minutes submitted by Rich Stoecker, Assistant Town Planner MINUTES OF MEETING NOVEMBER 21, 2013 Page 6 of 6