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

Transcription

1 M I N U T E S Public Hearing August 5, 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), David Grigsby (Vice Chairman), Robert Richard, David North, Peter Jelly Kimberley Bailey Madelung, Michael Sessine Regina Reid (Zoning Enforcement Officer), George Kral (Town Planner) and Katie Day (Recording Secretary). Video: Shannon Gale - Visual Clarity Audio Recording: Digital recorder Approximately 8 people in the attendance. Chairman Girioni called the meeting to order at 7:38 P.M. and explained meeting procedure to those present. She then introduced the members of the Commission and staff: Richard (V), Grigsby (V), Girioni (V), Jelly (V), North (V), Madelung (Alt) (V), Sessine (Alt)(V); Staff: Reid, Kral and Day. Secretary pro temp David Grigsby 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. Items on the agenda were addressed in the order that would best expedite the meeting. 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, requested to continue to August 5, (Variances granted) Present for applicant; Mr. Martins. Mr. Martins- The addition is going to be an 864 sq. ft. assessory apartment. The lot is 50 X300. There are two lots being combined into one, providing this passes. The septic was approved by the town. One neighbor was concerned with possible shading of his property but the trees on the property are taller than the addition so as of today he had no issues. Ms. Girioni- Asked if Mr. Martins had seen Mr. Gambordello s letter. Mr. Martins- Yes I have a copy. Ms. Reid- The Assistant Town Engineer looked at the plan and made suggestions for stormwater. Then the Town Engineer made further suggestions to retain the stormwater on the site. The basement pump is going to drain to the town catch basins. Ms. Girioni- read Town Engineer Jim Portley and Health Director Dennis Johnson s letters into the record. Mr. Grigsby- Is there a second story on the new apartment? Mr. Martins- No. There were no further questions or comments from the commission or audience. Public hearing closed at 7:50pm.

2 REGULAR MEETING APPROVAL OF REVISED AGENDA - Agenda revised 8/ 5/09 Upon a motion by Mr. Richard and seconded by Mr. Grigsby it was unanimously voted to approve the agenda. A. Deliberation of Public Hearing Items Martins Upon a motion by Mr. Richard and seconded by Mr. Grigsby it was unanimously voted to approve the VOTED: That the Guilford Planning and Zoning Commission approve an Accessory Apartment Special Permit for Alexander Martins, Jr., 37 Middle Road, Map 60, Lot 14 & 30, Zone R-3 as shown on; 1. Accessory Apartment 37 Middle Road Guilford, Connecticut, sheet A-1 dated 05/12/09, revised 07/22/09, and Sheet SP-1 dated 05/12/09, revised 07/17/09, prepared by Steinberg Associates consulting engineers 2. Site Plan Subsurface Sewage Disposal System, sheets C-1.0, C-1.1 & C-2.0, dated 06/12/09, revised 06/29/09, prepared by Martinez Couch & Associates LLC This application is approve with the following conditions: 1. That the lots be officially merged. This application is approved based upon a finding that with the variances of 5000 square feet from lot area requirement of 20,000 square feet, 3 feet from the side yard setback requirement of 12 feet, and 16.9 feet from the sum of side yard setback requirement of 30 feet, granted July 22, 2009, the above plans conform with of the Zoning Code. The Special Permit is effective on August 14, 2009 and upon filing with the Town Clerk. B. Site Plans B. 1. Guilford Art Center (formerly Handcraft Center): property located at 411 Church St., Map 8, Lot 24, Zone I-1. Revision to Site Plan for Improvements to existing pole barn that houses a blacksmith studio and stone carving studio B. (approved by DRC) Received 7/1/09. (Variances granted) Request to waive application fee. Present for the applicant: Robert Charney. Mr. Charney- there is currently a pole barn on the. Property the Art Center received a Community Development Grant to upgrade the barn. We would like to put sliding doors up so the building can be used in inclement weather. There is no increase in the foot print. Ms. Girioni read a memo from Town Health Director Dennis Johnson into the record. The Design Review Committee said the barn should match, as best as possible, the red color of the existing buildings. They liked the improvements. Upon a motion by Mr. Jelly and seconded by Mr. Richard it was unanimously voted to approve the VOTED: That the Guilford Planning and Zoning Commission approve a site plan revision for the Guilford Art Center to add sliding walls to the pole barn housing a blacksmith and stone carving studio and a concrete pad as shown on; 1. A plan received June 24, 2009 entitled, Property & Topographic Survey for The Guilford Handcraft Center, Inc. 411 Church Street~Guilford, Conn. 2. Pole Barn Guilford Art Center 411 Church Street Guilford, Connecticut, sheets A1.1 & A1.2, dated 8/12/08 revised 5/01/09, prepared by Charney Architects LLC 2 of 5

3 3. Pole Barn Renovations photographs, 1 sheet dated June 2009 and perspective sketches, 3 sheets dated June 2009, prepared by Charney Architects LLC This application is approved with the following conditions; 1. That the recommendations of the Design Review Committee be followed. This application is approved based upon a finding that with the 15.8 foot variance from side yard setback requirements of 30 feet granted July 22, 2009, the above plans conform with the Zoning Code. The application fee was not waived. 2. Craig Maturo- Property located at 23 Water St. Building 2 Unit 1, Map 39, Lot 86, Zone C-1. Revision to Site Plan change use from retail to restaurant B. Received 7/15/09. Present for the applicant: Craig Maturo Ms. Girioni- There was a meeting with the Fire department, Police department, ZEO, Town Engineer, Town Planner, Ms. Girioni and Mr. Maturo at the site to resolve the parking problems and the violations. Mr. Martins- The stop sign by Whitfield Street has not yet been installed. Ms. Girioni read the memo s from Assistant Fire Chief Wayne Vetre and Town Engineer Jim Portley into the record. Ms. Reid read her memo into the record. Mr. Grigsby- is the town going to address their parking? Upon a motion by Mr. Sessine and seconded by Mr. Richard it was unanimously voted to approve the Voted: That the Guilford Planning and Zoning Commission approve a Site Plan revision for a change in use from retail to food service establishment at 23 Water Street, Building 2, Unit 1, Map 39, Lot 86 for Craig Maturo, as shown on an application dated This application is approved with the following conditions; 1. That prior to occupancy, the existing septic system shall be enlarged to accommodate wastewater flow from the proposed food service establishments. 2. That prior to occupancy, the parking plan for the combined Maturo/Municipal parking area be revised to eliminate parking space numbers 6, 13, 14 and 71 and adjust number That a professionally prepared landscape and master sign plan for the rear parking area be submitted to the Design Review Committee for comments in November and Planning and Zoning Commission approval on December 16, This application is approved based upon a finding that it conforms with the Zoning Code. C. Special Permit G. 1. Penelope Pettis & David Burkholder: property located at 30 Decatur Ave. Map 10, Lot 95, Zone R-2. Request for Special Permit to allow addition to structure on lot less than 10,000 SF G. Request to waive professional Site Plan. Receive and set public hearing on 9/2/09. Upon a motion by Mr. Richard and seconded by Mr. Sessine it was unanimously voted to receive and set a public hearing on 9/2/ Will Kneerim & Danielle Scheltens: property located at 78 State St., Map 46, Lot 2, Zone R-1. Request for Special Permit to allow accessory apartment in a detached accessory structure A. Receive and set public hearing date for 9/2/09. Upon a motion by Mr. Richard and seconded by Mr. Grigsby it was unanimously voted to Receive and set public hearing date for 9/2/09. D. Amendments to Zoning Code 1. Amendment to the Zoning Code re: Coastal Area Management 3 of 5

4 Delete Section of the Zoning Code and replace with a new Section The new is created pursuant to the approved Town of Guilford Connecticut Municipal Coastal Program August The new Section strengthens the Town's Coastal Site Plan review process and establishes new standards to protect the coastal resources of Long Island Sound. Receive and set public hearing date for 9/16/09. Upon a motion by Mr. Richard and seconded by Mr. Sessine it was unanimously voted to Receive and set public hearing date for 9/16/09. E. Amendment to Zoning Map 1. Amendment to Zoning Map re: Aquifer Protection Regulations Amend Guilford Aquifer Protection Regulations Section 3 by delineating the Aquifer Protection Area Boundary to include Level A Map for Guilford, CT Guilford Well Field #64 map printed 5/20/2009. Receive and set public hearing date for October 7, Upon a motion by Mr. Richard and seconded by Ms. Bailey Madelung it was unanimously voted to Receive and set public hearing date for October 7, F. Cease and Desist Orders 1. Request by ZEO to approve imposition of municipal citation fine as provided by Guilford Town Code Article II, 1-12 and pursuant to Section 8-12(a) of the Connecticut General Statutes, Rev. 1958, as amended of $150 per day, each day that more than 9 motor vehicles are parked or stored at West End Auto Parts, currently operated by Anthony Dziuba, 2549 Boston Post Road. Property of Barbara Dziuba, Assessor s Map 84, Lot 20, Zone TS2. Ms. Reid a complaint was received that there were too many cars on the property, upon inspection there were 16 unregistered cars, 4 more by the garage doors and 4 more in the front. I spoke with the owner today and he asked for 2 weeks to get rid of the cars. If the cars are not removed by then I would like to start municipal citation fines. Upon a motion by Mr. Richard and seconded by Mr. Grigsby it was voted to authorize the ZEO to start municipal citation fines if the excess cars are not removed by August 20 th. Discussion: Mr. North- what about a revised site plan? Ms. Reid the owner said that he was to busy to do a new plan, and was not going to do a new plan. IN FAVOR: R. Richard, D. Grigsby, S. Girioni, M. Sessine, K. Bailey-Madelung and P. Jelly OPPOSED: D. North ABSTAINED/RECUSED: None Motion carried G. Other 1. Margot E. & Jeffrey P. Fassler, 365 Old Whitfield St., Assessor's Map 28, Lot 25, and Zone R-3, request to locate temporary storage container for 1-year. Ms. Reid showed pictures of the storage container. She stated that there had been a complaint from the Whitfield Street South Association. There are no setbacks for storage containers. Upon a motion by Mr. Richard and seconded by Mr. Grigsby it was voted to approve the request. Discussion: Mr. Grigsby- read section Storage containers are allowed on a temporary basis for a length of time to be determined by the commission. VOTED: That the Guilford Planning and Zoning Commission approve for Margot E. & Jeffrey P. Fassler, location of a Pod storage container in the driveway at 365 Old Whitfield Street, Assessor s Map 28, Lot 25, Zone R-3 until July 01, IN FAVOR: R. Richard, D. Grigsby, S. Girioni, M. Sessine, K. Bailey-Madelung and P. Jelly 4 of 5

5 OPPOSED: None ABSTAINED/RECUSED: D. North Motion carried H. Correspondence 1. Guilford Plan of Conservation and Development Board/Commission Questionnaire (included in agenda packet) Ms. Girioni, Please fill out the form and send it to Donnette, MJ or Katie. I. Committee Reports Planning Committee: July 27 th there was a meeting on Low Impact Development they looked at three different properties. The meeting is continued to August 24 th. CAM regulations: Mr. Grigsby- Town Attorney Chuck Andres has provided feed back. There has been no supplemental information from DEP. J. Approval of Bills Shore Publishing $ Upon a motion by Mr. Richard and seconded by Mr. Grigsby it was unanimously voted to approve the bills. K. Approval of Minutes Upon a motion by Mr. Grigsby and seconded by Mr. Richard it was voted to approve the minutes as amended. IN FAVOR: R. Richard, D. Grigsby, S. Girioni, M. Sessine, K. Bailey-Madelung OPPOSED: None ABSTAINED/RECUSED: P. Jelly, D. North Motion carried Adjourn There being no further business, and upon a motion by Mr. Richard and seconded by Mr. Grigsby, it was unanimously voted to adjourn the meeting at 8:52 P.M. Respectfully submitted, Katie Day August 7, of 5