Members Present: Richard Meier (Chairman), Ray Bower (Vice Chairman), Richard Wallace (Secretary), Tom Cost, Joshua Hershman and Walter Corbiere.

Transcription

1 DRAFT - MINUTES Guilford Planning and Zoning Commission Regular Meeting and Public Hearing, November 4, 2015 Nathanael B. Greene Community Center 32 Church Street, Guilford CT Members Present: Richard Meier (Chairman), Ray Bower (Vice Chairman), Richard Wallace (Secretary), Tom Cost, Joshua Hershman and Walter Corbiere. Members Absent: Frank D Andrea, Phil Johnson & Richard Hudson Alternates Present: George Underhill Staff Present: George Kral, Town Planner - Regina Reid, Zoning Enforcement Officer Lisa Brewer, Recording Secretary. Video: Shannon Gale Audio Recording: Digital Approximate number of people in attendance: 75 Chairman Richard Meier called the meeting to order at 7:35 PM and explained the meeting procedure to those in attendance. He then introduced the members of the Commission and Staff: Chairman Richard Meier (V), Vice Chairman Ray Bower (V), Secretary Richard Wallace (V), Joshua Hershman (V), Walter Corbiere (V) & Tom Cost (V). Alternate: George Underhill. Staff: Town Planner George Kral, Zoning Enforcement Officer Regina Reid and Recording Secretary Lisa Brewer. Decisions of this meeting are available the day after the meeting by calling the Planning & Zoning office at ( ) after 9:00 AM. Secretary Richard Wallace read the call of the meeting. Page 1

2 Upon a motion made by Secretary Wallace it was unanimously voted to open this meeting of the Guilford Planning and Zoning Commission. ~~~~~~~~~~~~~~~~~~~~~~~~~~ PUBLIC HEARING Upon a motion made by Cmsr Wallace seconded by Cmsr Cost the Commission voted unanimously to open the Public Hearing for: CONTINUED - Joseph Viviani, 264 Granite Road, Map 71, Lot 6, Zone R-8; Application for a Special Permit for accessory apartment and guest accommodations in detached garage Mr. Viviani presents his plans for the proposed accessory apartment and guest accommodation in the detached garage. Mr. Reid noted the project meets the setback requirements and zoning code. Cmsr Bower read the following letter from Health Director Dennis Johnson; TO: Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : November 3, 2015 SUBJECT: Viviani, Joseph; 264 Granite Road, Map 71, Lot 6 Tests conducted on the applicant s property on November 2, 2015 revealed suitable soil and site conditions for enlargement of the septic system to accommodate a 4-bedroom septic system design flow. Based upon soil test results and site plan review it is recommended that the applicant s proposed use be approved with the following condition: 1. A new septic system shall be installed to accommodate the proposed in-law apartment prior to occupancy. The following residents spoke in favor of this application. Lauren Stermen, 511 Granite Road David Valle, 308 Granite Road Robert Valle, 300 Granite Road The Commission voted unanimously to CONTINUE this Public Hearing to November 18 th. Page 2

3 Upon a motion made by Cmsr Hershman seconded by Cmsr Bower the Commission voted unanimously to open the Public Hearing for: CONTINUED - Michael Graziano, 144 Sperry Drive, Map 42, Lot 84, Zone R-3; Special Permit music school. Article X Table 3 Line 22 Mr. Graziano explained the reasons for his application. He has been conducting Music Lessons in his home for approximately 15 years. Cmsr Hershman asked the reason for this application. Ms. Reid explained she received a complaint from a neighbor regarding parking concerns. Mr. Graziano has a large RV parked in his driveway which causes the parents of his students to either be dropped off and/or park in the street. The following residents expressed their concerns regarding the large RV that blocks any possible parking in the driveway and how the overflow of cars is affecting their quality of life. The neighbors feel this is a safety issue for all involved. Since there is no available parking in the driveway parents are forced to park in the street and frequently drop children off in the street which increases the safety concern. The following neighbors all share these concerns and expressed their desire to have the RV parked further towards the back of the property for esthetics and to allow safe parking/drop off for the students. Concerned Residents: Paula Konereski, 192 Sperry Drive Dr. Douglas Gladue, 147 Sperry Drive Cmsr Bower explained to Mr. Graziano that it would be beneficial to him if the RV was moved by the next Public Hearing. The Commission voted unanimously to CONTINUE this Public Hearing to November 18 th. TABLED - Domenic & Donna Latella, 94 Cooks Lane, Map 122, Lot 17, Zone R-8, Request to rescind Special Permit granted 11/19/14 to allow 6 horses (b) (1) (e)[3] (opening postponed to 12/2 and Continue to 12/16 for mandatory second Public Hearing date.) The Commission voted unanimously to TABLE this Public Hearing. Page 3

4 Upon a motion made by Cmsr Corbiere seconded by Cmsr Cost the Commission voted unanimously to open the Public Hearing for: CONTINUED - Simon Draper/Liberato Pelosi, 125 Water Street, Map 32, Lot 17, Zone R-3; Revision to Special Permit granted 05/01/13 to change nonconforming use of first floor space from Music Instruction to Art Workshop and storage. (Rental of existing office part of building granted 10/17/07) C and Simon Draper explained the change of use to be 2 storage rooms, a studio workshop & small office. Ms. Reid noted no issues with this application. John Casey & Bob Jelley of Johnson and Cole presented the history of this property and asked that the Special Permit have the same expiration date. The Commission voted unanimously to CONTINUE this Public Hearing to November 18 th. Upon a motion made by Cmsr Corbiere seconded by Cmsr Bower the Commission voted unanimously to open the Public Hearing for: APPROVED WITH CONDITIONS - Zero Horse Island LLC, Guilford, CT, Map 7, Lot 022, Zone R-5; Coastal Area Management application, replacement of Septic System, removal of invasive plants Mr. Thomas Stevens, Land Surveyor presented on behalf of Zero Horse Island LLC. The plan is to install a new septic system and remove invasive plants. Cmsr Hershman read the following letters from Health Director Dennis Johnson & Environmental Planner Kevin Magee; TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : November 3, 2015 SUBJECT : Zero Horse Island, LLC; Map 7, Lot 022 Tests conducted on the applicant s property on September 25, 2015 revealed suitable soil and site conditions to accommodate a septic system for the seasonal cottage. The septic Page 4

5 system upgrade will provide an environmental improvement to the current system existing on site. It is recommended that the applicant s proposed septic system replacement be permitted with the following condition. 1. Septic system shall be designed by a professional engineer. November 4, 2015 To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review Zero Horse Island LLC Horse Island Guilford, Connecticut Assessor Map 7 Lot 22-ISLA The information provided indicates that the existing septic will be replaced with a code complying system and the owner also plans on removing invasive plants on the island. The work for installing the septic system may have a short term minor impact on the coastal resources; however the new septic system should improve the water quality of the adjacent shell fishing beds. In order to make sure that the coastal resources are protected during the construction process, I recommend the following conditions of approval: 1. Erosion and Sedimentation Control measures consisting of hay bales and/or silt fence be installed around the perimeter of the work area. 2. The Town of Guilford Zoning Enforcement Officer should be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation control measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement. 3. The treatment of the invasive plants be conducted handwork by a licensed professional and the name of the licensed professional be supplied to the Zoning Enforcement Officer prior to the start of work. On October 14 th John Gaucher Environmental Analyst with DEEP sent the following memo. 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. Page 5

6 Resident Alan Brown offered his support for this project. Voted: That the Guilford Planning and Zoning Commission approve a Coastal Area Management application for Zero Horse Island LLC at Map 7, Lot 022 as shown on an application dated 9/30/15 and plans prepared by Tom Stevens & Associates. This application is approved with the following conditions; 1. Erosion and sedimentation control measures consisting of hay bales and or silt fence be installed around the perimeter of the work area. 2. The Zoning Enforcement Officer be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement Officer. 3. The treatment of the invasive plants be conducted handwork by a licensed professional and the name of the person be supplied to the ZEO prior to the start of the work. The Commission unanimously voted to APPROVE this application WITH CONDITIONS based upon a finding that it conforms to the Zoning Code and is consistent with the Coastal Management policies of the State of Connecticut. Upon a motion made by Cmsr Hershman seconded by Cmsr Cost the Commission unanimously to close this Public Hearing. Upon a motion made by Cmsr Hershman seconded by Cmsr Wallace the Commission voted unanimously to open the Public Hearing for: APPROVED WITH CONDITIONS - Cheryl Pileggi, 133 Shell Beach Road, Map 13, Lot 2, Zone R-5; Revision to Coastal Area Management Application approved on December 10, Relocating two 1500 gallon underground water tanks Greg Marsh of Site Wireless provided additional details regarding the project. The Commission felt the presentation addressed any concerns. Cmsr Hershman read letters from Assistant Town Engineer Mark Damiani and Environmental Planner Kevin Magee: November 4, 2015 To: Planning and Zoning Commission From: Mark Damiani, P.E. Page 6

7 Assistant Town Engineer Re: Applications Cheryl Pileggi 133 Shell Beach Road, Map 13, Lot 2, Zone R-5 Revision to Coastal Area Management Application approved on December 10, Relocating two 1500 gallon underground water tanks The subject application has been reviewed with respect to the Flood Damage Prevention Ordinance. The property is located in two FEMA flood zones. The tank installations will require compliance with the Ordinance in that the tanks must be anchored against movement and floatation during flood events. The details of the anchoring scheme is dependent upon the flood zone the tanks will be located in and whether the tanks are to by above or below ground. Anchoring schemes are reviewed by the Engineering Department prior to the issuance of the permits. November 3, 2015 To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review Cheryl A. Pileggi 133 Shell Beach Road Guilford, Connecticut Assessor Map 13 Lot 2 The applicant is looking to relocate two 1,500 gallon water tanks from the east side of the property to the west. The proposed location of the water tanks will be in a FEMA flood zone VE (EL13). No Erosion and Sedimentation Control measures or construction methodologies were shown on the site plan. In order to make sure that the coastal resources are protected during the construction process, I recommend the following conditions of approval: 1. Erosion and Sedimentation Control measures consisting of hay bales and/or silt fence be installed around the perimeter of the work area. The Town of Guilford Zoning Enforcement Officer should be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation control measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement. Page 7

8 On October 15th John Gaucher Environmental Analyst with DEEP sent the following memo. 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. Cmsr Bower read the following motion into record: Voted: That the Guilford Planning and Zoning Commission approve a revision to a Coastal Area Management application for Cheryl Pileggi, at 133 Shell Beach Road, Map 13, Lot 2 to relocate two underground water tanks as shown on an application dated 10/5/15. This application is approved with the following conditions; 1. Erosion and sedimentation control measures consisting of hay bales and or silt fence be installed around the perimeter of the work area. 2. The Zoning Enforcement Officer be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement Officer. The Commission voted unanimously to APPROVE this application based upon a finding that it conforms with the Zoning Code and is consistent with the Coastal Management policies of the State of Connecticut. Upon a motion made by Cmsr Corbiere seconded by Cmsr Cost the Commission unanimously voted to open the Public Hearing for: CONTINUED -William Thompson AIA & Associates LLC, Architect, 506 Whitfield Street, Map 29, Lot 100, ZoneC-2M, Lots 82 & 81, R-3; Coastal Area Management, Site Plan and Special Permit for Marine Research Office Continued to 12/2 for mandatory second Public Hearing date. Town Counsel Chuck Andrus explained the rules of pre-determination and reminded the Commission of their responsibility to remain open minded and impartial. Mr. Rothberg referred back to the presentation made at the 10/21 Public Hearing where he provided some background on the Rothberg family. Mr. Rothberg went on to discuss the proposed changes to the Stone House property touching upon the reasons they decided Page 8

9 to buy property in the Marina area vs the Post Road area as well as the plan to keep the building as is with the exception of the updating the windows and some interior work including substantial improvements to the restrooms (more information is available in the 10/21 meeting minutes on file in both the Town Clerk s office & the Planning and Zoning office). Mr. Rothberg turned the floor over to Architect Will Thompson. Mr. Thompson proceeded to present the plans of the project. He shared a map outlining the 3 parcels that were purchased noting the two existing stone parking lots in the rear of the property are located in a R-3 zone while the main buildings are located in the C2M zone. Aside from two islands with light posts and landscaping the two rear parking lots will remain as is. There are no plans to change the footprint or look and feel of either the Buildings. Conversation continued amongst the Commission, Will Thompson, Attorney Berdone, & Mr. Rothberg. Cmsr Corbiere read the following letter from Environmental Planner Kevin Magee; November 5, 2015 To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review William Thompson AIA & Associates LLC, Architect 506 Whitfield Street Guilford, Connecticut Assessor Map 29 Lot 100 This Coastal Area Management application is triggered by the Special Permit for the change in use from restaurant to marine office. William Thompson, project architect, indicated that the office use will involve research on sonar and ultrasound for the use in development of devices with broad applicability to understanding marine systems. The application indicated that the primary use of the office space is computer modeling with no wet laboratory spaces requiring direct access to the marina for research. A water dependent uses are defined by Connecticut General Statutes (CGS) section 22a-93(16) as those uses and facilities which require direct access to, or location in, marine or tidal waters and which therefore cannot be located inland, including but not limited to: Marinas, recreational and commercial fishing and boating facilities, shipyards and boat building facilities, water-based recreational uses, navigation aids, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or process water which cannot reasonably be located or operated at an inland site and uses which provide general Public access to marine or tidal water. The change of use of the Page 9

10 building from restaurant to software development could be considered a change to a nonwater-dependent use. Connecticut Coastal Management Act authorizes the planning and zoning commission to require the provision of coastal Public access as a condition of coastal site plan approval for the otherwise non-water dependent use of a waterfront site. The applicant has proposed as part of the application to install a Public viewing platform on the east side of the Existing Restaurant. After meeting with the applicants design staff on Tuesday additional concerns were realized within the application which should be addressed prior to closing the Public Hearing. 1. In order to provide for a continual Public access along the Guilford Marina area, Public access should be expanded to include the driveway between the proposed office building and the existing restaurant. The Public easement area should be shown on the plans. 2. In order to determine the impacts on the construction of the viewing platform additional information is needed. a. The plans submitted do not provide the location of the coastal resources. No wetlands studies have been conducted as part of this application, Phragmites Australis are located in the location of the viewing platform. b. The location of the coastal jurisdiction line needs to be identified on the plans. c. Additional details need to be provided showing the design and the construction methodology of the Public access viewing platform which is required as part of this application. d. The proposed location of the viewing platform is in an area of dense vegetation. Information regarding the clearing limits and removal of invasive plants should also be provided. e. The construction of the viewing platform should be constructed in manner that it does not block future Public access along Dock Lane to Sluice Creek. f. William Thompson Architects site plan should be revised to show the updated location of the Public access viewing area. 3. Trees and shrubs shown to be planted within the Town of Guilford right of way should be located on private property so that the town does not become responsible for the care and maintenance of these items as required by town ordinance. As part of the final approval I recommend: 1. Prior to the issuance of a Certificate of Zoning Compliance the Public Access platform be constructed and marked with approved Public access signage and the Coastal Access Easement and Maintenance Agreement be conveyed to the Town of Guilford. Page 10

11 2. Erosion and Sedimentation Control measures consisting of hay bales and/or silt fence be installed around the perimeter of the work area. The Town of Guilford Zoning Enforcement Officer should be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation control measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement. Mr. Thompson presented the revised Site Plan application noting he had not received Mr. Magee s letter until earlier today. The plan shows the proposed location of the viewing platform. The platform will be handicap accessible with ample access from the Public access road. Concerns arose with regards to the existing easement and if it will provide adequate Public Access. Mr. Thompson feels it will and does see the need for an additional easement. It was decided that more information was needed in order to better evaluate. Cmsr Hershman read the following letters from Assistant Town Engineer Mark Damiani and DEEP Environmental Analyst John Gaucher into record; November 4, 2015 To: Planning and Zoning Commission From: Mark Damiani, P.E. Assistant Town Engineer William Thompson AIA & Associates, LLC, Architect, 506 Whitfield Street, Map 29, Lot 100, Zone C-2M, Lots 82 & 81, R-3; Coastal Site Plan Management, Site Plan and Special permit for Marine Research Office , The subject application has been reviewed with respect to the Flood Damage Prevention Ordinance. The main building on the property is located in the FEMA flood zone AE12.0 with a Base Flood Elevation of 12.0 NAVD88. The Flood Damage Prevention Ordinance, Article 174-9, Compliance required, states, No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations. The building is proposed to be converted from its former use as a restaurant to a Marine Research Office. Therefore, the building is required to be brought into compliance with the Ordinance. Article , Specific Standards, Section A(2) of the Ordinance states that nonresidential construction, such as an office that is located in an AE Zone may be flood proofed in lieu of being elevated. It is recommended that prior to approval of the application that the applicant Page 11

12 demonstrates that the building can be brought into compliance with the provisions of the Ordinance. Upon demonstration of compliance, other items on the proposed site plan such as the planting of trees in the Town right of way can be addressed From: Gaucher, John Sent: Thursday, October 22, :26 PM To: Kevin Magee Subject: 506 Whitfield Ave, William Thomson AIA & Associates LLC, Architect CSPR 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 We heard from the following concerned citizens: Barry Ward Kathy O Boyle Andy Stevens Dave Holt, 456 Whitfield David Grigsby Rob Bunting Andy Stavo Abby S The Commission unanimously voted to CONTINUE this Public Hearing to December 2, APPROVED The Commission unanimously voted to approve the November 4th Agenda. Dennis Carroll, 101 Fair Street, Map 46, Lot 27, Zone PV, Site Plan Revision; Create 2 apartments in existing 2-story structure. Action by 12/11/15. Page 12

13 APPROVED - Guilford Racquet & Swim Club, 420 Church Street, Map 80, Lot 2-1, Zone I-1, Site Plan Revision; Install base made out of Trek decking material for seasonal tent to be used for Sun & Rain Shelter during camp and tennis club activities. No foundation, base will sit on the ground. Sarah Boone spoke on behalf of the Guilford Racquet & Swim Club. Ms. Boone explained the nature of the deck and how it will be used. The Commission felt they had enough information to move forward with the vote. Cmsr Hershman read the following motion: Voted: That the Guilford Planning and Zoning Commission approve a Site Plan revision for Guilford Racquet and Swim Club at 420 Church St., Map 80, Lot 2-1 as shown on Property Survey Property of the Susan Netter 2007 Irrevocable Electing Small Business Trust, prepared by Waldo and Associates, dated Received Oct 26, Upon a motion made by Cmsr Hershman seconded by Cmsr Corbiere the Commission voted unanimously to APPROVE this application. This application is approved based upon a finding that it conforms with the Zoning Code. OPENED - Raymond and Kristine Iglesias, 1 Broad Street, Map 39, Lot 71, Zone R-3. Special Permit; to allow a 1224 square foot accessory structure (carriage house) Continued to 12/02 for mandatory second Public Hearing date. RECEIVED - Recommendation from the Zoning Committee to amend Exceptions to height requirements. To add flagpoles, chimneys and ornamental cupolas, not capable of use for human occupancy, and which do not occupy more than 10% of the projected roof area. Open 12/2 and continue to secondary Public Hearing date of 12/16. RECEIVED - Town of Guilford, Site Plan Revision; Create Dog Park within Nut Plains Park property, Nut Plains Road, Map 86, Lot 63, Zone R-5. Action by 01/2016. Page 13

14 Chairman Meier opened the discussion regarding the Request to reconsider Zoning Amendment DDR Guilford LLC/Guilford Commons amendment vote, to amend B.3 of the Guilford Zoning Code. The amendment will allow for a limited illumination of signage on the tower of Guilford Commons and to revise the specifications for the signage located on the tower. In anticipation of a possible vote to reconsider, members who did not attend both Public Hearings on this matter should review the video or audio tape of the Hearing. Cmsr Johnson was asked to join the Commission for this discussion/vote. Attorney Charles Andrus explained the request that has been put forward by Attorney John Knuff on behalf of Guilford Commons. He explained that in order for a request to reconsider to be considered it must be filed prior to the Legal Notice is posted. The motions were set forth as follows: DENIED - DDR Guilford LLC/Guilford Commons, 1919 Boston Post Road Map 79, Lots 34, 35 and 36A, Zone SCW. Request to amend B.3 of the Guilford Zoning Code. The amendment will allow for a limited illumination of signage on the tower of Guilford Commons and to revise the specifications for the signage located on the tower. In Favor: Opposed: None 3 - Chairman Meier, Cmsr Corbiere and Cmsr Johnson DENIED Request to reconsider DDR Guilford LLC/Guilford Commons. The amendment will allow for a limited illumination of signage on the tower of Guilford Commons and to revise the specifications for the signage located on the tower. In Favor: Opposed: 3 Cmsr Hershman, Cmsr Wallace & Cmsr Bower 4 Cmsr Corbiere, Cmsr Johnson, Cmsr Underhill & Chairman Meier APPROVED Guilford Agricultural Society s request for 2016 events. Gil Lombard representing the Guilford Agricultural Society shared the upcoming year s Agenda as follows: 05/04/16 Lifelinx (race) 06/25/16 Lobster Fest 07/09/16 Fireworks 07/16/16 Amity Club Page 14

15 07/24/16 Time Machine Car Show 08/07/16 Estimated date Sea Legs (race) 09/??/16 Estimated date Fair 10/16/16 or 10/23/16 Run for the Cove 10/01/16 10/02/16 Friends of Hammonassett 11/26/16 Turkey Trot (Thanksgiving Day) There will be 2 4 school races dates will not be available until spring 2016.New Event: Date not determined for a Food Truck event, the event will include hopefully more than 20 trucks, band, jumpy house, face painting, vendors and games. Event would start (estimated) around 11:00 AM to 7:00 PM. The Commission unanimously approved the 2016 Schedule of Events. Chairman Meier appointed Sarah Torff to the Planning Committee. The Commission unanimously voted to APPROVE payment to Shore Publishing in the amount of$ for the September & October Legals. The Commission unanimously voted to APPROVE the 10/21/2015 Minutes with corrections. ~~~~~~~~~~~~~~~~~~~~~~~~~~ With no further business before the Commission and upon a motion by Cmsr Corbiere seconded by Cmsr Cost, it was unanimously voted to adjourn the meeting of the Guilford Planning and Zoning Commission at approximately 11:15 PM. Respectfully submitted, Lisa Brewer Recording Secretary Page 15