MADISON PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES May 18, 2017

Transcription

1 SUBJECT TO APPROVAL MADISON PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES May 18, 2017 The regular meeting of the Madison Planning and Zoning Commission was conducted Thursday, May 18, 2017, at 7 p.m., in Meeting Room A at Madison Town Campus. MEMBERS PRESENT Chairman Ronald Clark, Vice Chairman Francine Larson, Secretary Thomas Burland, Amanda Mitchell, Brian Richardson, Joel Miller, and James Matteson. MEMBERS ABSENT John K. Mathers and Joseph Bunovsky, Jr. ALTERNATES PRESENT None. OTHERS PRESENT Director of Planning and Economic Development David Anderson; Selectman Bruce Wilson; MCTV videotaped the meeting. The regular meeting of the Madison Planning and Zoning Commission was called to order at approximately 7:01 p.m. by Chairman Ronald Clark. Approval of Minutes: Regular Meeting ~ Apr. 20, 2017 Planning Meeting ~ May 4, 2017 Chairman Clark made the motion to accept the Apr. 20, 2017 minutes as amended, with the vote on 17-11, 506 Summer Hill Road being changed from 5-0-0, to 4-0-1, with Commissioner James Matteson casting the opposing vote; it was seconded by Vice Chairman Francine Larson and unanimously approved. Vote to accept the Apr. 20, 2017 minutes, as amended, passed, IN FAVOR: Chairman Clark, Vice Chairman Francine Larson, Secretary Thomas Burland, and Commissioners James Matteson, Brian Richardson, Joel Miller, and Amanda Mitchell. Commissioner Matteson made the motion to accept the May 4, 2017 minutes as submitted; it was seconded by Commissioner Miller and unanimously approved. Vote to accept the May 4, 2017 minutes, as submitted, passed, Page 1. Madison Planning and Zoning Commission, Planning Meeting, May 18, 2017

2 Remarks: ACCA Liaison Report ~ Commissioner Mitchell gave a brief report, stating that when ACCA approved the Madison Art Cinemas marquee, it requested that the font size, once selected, be sent back to the panel for approval. Commission Chair ~ No report. SCROG ~ Commissioner Miller gave a brief report. Director of Planning and Economic Development ~ Mr. Anderson stated that a petition circulated requesting that no trees be cut down at Key Bank; in addition, Key Bank would have to apply to the Planning and Zoning Commission to cut down any trees, and he doubts the trees will be cut down, under the current circumstances. On a trial basis, this summer, the town hall will be open until 6 p.m. on Thursdays and close at 2 p.m. on Fridays, according to Mr. Anderson. A small de facto committee of town officials has been discussing the Academy School project; the Board of Selectmen will have to decide whether to hire an agency to assist with creating the Request for Proposals (RFP), Mr. Anderson stated. A suggestion has been made to move Town Hall offices to the Academy School, and the RFP could determine quickly whether that is actually a viable plan; approval would be from the Board of Selectmen. PUBLIC HEARING ITEMS (Scheduled for 7:30 p.m.): Boston Post Road. Map 38, Lot 96. D District. Owner: Davis Realty, LLC; Applicant: Arnold Gorlick. Downtown Village District (DVD) Major Modification application to replace existing movie theater marquee with new LED electronic marquee. Evan Walsh of Cima Network, Inc., signage and environmental branding, representing applicant Arnold Gorlick, passed out EXHIBIT 1, a revised design package incorporating ideas given by the Advisory Committee on Community Appearance (ACCA), dated April 19, This digital marquee is an upgrade to the Madison Art Cinemas marquee, which currently requires a ladder and an individual to physically change the letters on the sign. This digital LED electronic marquee operates with computer software, enabling the user to change the message in-house, rather than going outdoors and physically changing it; it has a three-primary color pixel configuration of red, blue and green, thus enabling the sign to show color renderings and not strictly a black and white composition. The revised design package showed the current and proposed marquee with the marquee having black letters on a white background and white letters on a black background. Mr. Walsh explained that the colored pixels are needed to render pure white, but these pixels could also create the entire color spectrum, for instance, to display a flower or the United States flag in color. The entire height and width of the display and cabinet area for the sign will be 4 5 x 14 3, which is the same size as the current marquee. This LED digital device has the capability to change messages every 15 seconds, and Mr. Walsh stated that along with the names and titles of movies and stars, the marquee could promote town events, give the time and temperature, or display emergency alert information to residents. The output of the lighting can be dimmed, and in accordance with town planning and zoning regulations, it will not signal, flash or rotate, according to Mr. Walsh. The primary reason for changing the sign is a concern for the safety of the individuals who are using a 12-foot ladder to climb up to the marquee to remove and affix new letters by hand, according to Mr. Gorlick. In terms of the lighting features, the software can be programmed to create a blank-out page, so the LEDs are not illuminating, for instance, between 12 midnight to 6 a.m., according to Mr. Walsh. Chairman Clark asked whether there were any questions from the public; one question that was Page 2. Madison Planning and Zoning Commission, Planning Meeting, May 18, 2017

3 asked confirmed that the digital sign would be 100 percent LED. Chairman Clark read into the record a letter from First Selectman Thomas Banisch and a letter from Former First Selectman Fillmore McPherson, both of which indicated a preference for black letters on a white background. Director of Planning and Economic Development David Anderson read into the record the town s planning and zoning regulations related to signage, Section E, dealing with prohibiting flashing, intermittent, and light reflecting aspects, among others, as well as Section , stating that a lighted sign shall be shielded and not illuminated beyond building hours. Planning and Zoning Commissioners and the public went out to the Town Campus parking lot to view the sign, which had been brought in a truck to the site for the meeting. Chairman Clark asked the public if there were any further questions. John Matthews, of Boston Post Road, stated that the current sign is ratty looking; the town has invested money in beautifying the downtown, so it is time to move into the next century with the digital marquee. Mr. Gorlick stated that the marquee is the most looked-at sign in the downtown, both actively and passively, and the digital sign can be used to promote community events. Commissioner Miller stated that the black background with the white letters, seen from a distance in the parking lot, is more legible and is the way to go with the LED display. Commissioner Mitchell stated that the sign looks great, and the safety issue, alone, would convince her to make the change. Vice Chairman Larson stated that when she saw the examples portrayed on the revised exhibit, she originally thought the black letters on the white background would be the better choice, but on viewing the actual sign in the parking lot, she prefers the white letters on the black background. In terms of ACCA s request to examine the font, Vice Chairman Larson stated that her opinion about the font is that it is pretty subjective, and she would like to leave it up to the applicant to make that decision. Chairman Clark stated that there are some concerns about the dimming and brightness of the light on a marquee that faces due south, which may create dimming issues, but he suggested the sign be experimented with for a little; to see the American flag waving on the marquee as the 4 th of July parade marches by seems favorable, but he would be concerned about the non-movie theater uses, particularly that the marquee not become a billboard. Secretary Burland stated the digital marquee is a great upgrade, and he is absolutely in support of the change, but he is a little concerned about nontheater uses and about going beyond the movie theater business in advertising. Commissioner Matteson stated that he is in favor of the digital marquee, but he would be cautious that there remain restrictions on it as close to the regulations as they exist. Commissioner Richardson stated that he likes the new sign a lot; in terms of the differences between intermittent and flashing, when the words are dissolving into new words or into a new image, that is neither intermittent nor flashing. John Matthews stated that when the flashing and intermittent section of the sign regulations was adopted, it was to prevent Las Vegas type signs with flashing lights; he suggested the possibility that the commission take another look at those regulations. Vice Chairman Larson made the motion to close the public hearing; it was seconded by Commissioner Matteson and unanimously approved. Vote to close the public hearing passed, Page 3. Madison Planning and Zoning Commission, Planning Meeting, May 18, 2017

4 After some discussion centering on who would determine what, exactly, constitutes community or civic messages, for instance, promoting one civic organization over another, or making preferences for those running for government offices, and trying to ascertain the exact definition of marquee versus billboard, as well as being cautious about not having the marquee devolve into advertising for sale prices of goods in stores or supermarkets, a motion to approve the application was made. Vice Chairman Larson made the motion to approve the application with movie theater business and community announcements; it was seconded by Commissioner Matteson and unanimously approved. Vote to approve the marquee application passed, Regulation Amendment. Applicant: Madison Planning and Zoning Commission. Proposed regulation amendments to Section , , and of the Madison Zoning Regulations to (1) eliminate the requirement that Multiple Family Dwelling Units in the C District be located above the first floor of a commercial use and (2) eliminate the requirement that each dwelling unit in a Planned Residential Development in the Transition District (T District) have its own entry from the exterior of the building. Director of Planning and Economic Development David Anderson submitted EXHIBIT 1, a minor change that was in the packet given to the Planning and Zoning Commission, entitled, Proposed Regulation Amendment Description: Proposed regulation amendments to Sections , , , and of the Madison Zoning Regulations to (1) eliminate the requirement that Multiple Family Dwelling Units in the C District and Transition District (T District) be located above the first floor of a commercial use and (2) eliminate the requirement that each dwelling unit in a Planned Residential Development in the Transition District (T District) have its own entry from the exterior of the building. Mr. Anderson explained that the current regulation only allows for vertical dwelling units, and this proposed amendment would allow for horizontal dwelling units; in picturing a building, downtown, the residential would be 200 percent of the floor area of the commercial use, with which they are associated association would allow the commission to specify some condition, if necessary, to ensure the town is truly getting a mixed-use project, while also retaining the commercial viability of Madison. In Section , deleting e, the requirement that each dwelling unit have its own entry from the exterior of the building in which it is located, would then enable apartment-style units to be created, with interior entry doors, if so desired. Currently, e is an impediment to allowing apartment-style units, Mr. Anderson stated. Chairman Clark asked if the public had any questions. John Matthews of Boston Post Road asked whether Section a would prohibit condominiums, and Mr. Anderson said it would not, since a condominium would represent a dwelling unit used solely as a residence by the owner thereof. Page 4. Madison Planning and Zoning Commission, Planning Meeting, May 18, 2017

5 Chairman Clark asked whether anyone in the public wanted to speak in favor of or in opposition to the application. Mr. Matthews stated that he would like to support and oppose it; it makes sense to separate the dwelling unit from above a commercial enterprise, because there are those who do not like to live above businesses, and commercial owners often do not like to have apartments above, since there could be water overflows from bathrooms and kitchens. In opposition to the amendment, Mr. Matthews, an architect, stated that the larger commercial parcels being developed should have 75 percent residential and 25 percent commercial; he asked for permission to show an example of a large parcel of property located on Cottage Road off of Boston Post Road, near the Hammonasset River and the Clinton town line. Mr. Anderson stated that the paperwork submitted and on file with the public hearing application has allocated onethird, or 33 percent to residential, and two-thirds to commercial. Mr. Matthews was granted permission by Chairman Clark to present the Cottage Road example of 75 percent residential and 25 percent commercial. In this example, a 30,000 square foot marina would be constructed, along with 37 condominiums, but Mr. Matthews stated it is not economically feasible in those numbers, whereas, with the 75 percent and 25 percent ratio, which he prefers, there would be a 20,000 square foot marina and 38 residential dwelling units. Chairman Clark questioned what type of consequences would develop for the other commercial parcels in town, if the percents were changed to 75 and 25. Commissioner Miller stated that he has lived in Madison long enough to see commercial blocks burn down, and to change the percents to 75 and 25 would no longer preserve the commercial space to what it had been before either a demolition or destruction through fire or natural causes. If something happens, and a building is condemned and torn down, and it falls under this regulation, someone could go to 25 percent coverage for commercial and 75 percent for residential, and then create a tiny take-out window, with massive condominiums behind it, Commissioner Miller stated. The broader aspect of the 75 percent and 25 percent scenario applies to everything in the commercial district, not just larger parcels, according to Commissioner Miller. Secretary Burland stated that he is more comfortable with the one third and two thirds provision. Commissioner Matteson stated that this amendment has been proposed to encourage residential in commercial districts, while also ensuring that the commercial capability remains intact; it has not been proposed to result in reducing commercial square footage to allow housing. A 75 and 25 percent ratio would allow what limited commercial space the town has to be sacrificed for residential, Commissioner Miller stated. Referring to the Cottage Road example, commissioners asked whether it could be decided through a variance by the Zoning Board of Appeals, or if the Planning and Zoning Commission could approve it as a special exception. Mr. Anderson stated that it would not be a hardship, therefore it would not be an application for the Zoning Board of Appeals; he also stated it could not go before the Planning and Zoning Commission as a special exception permit. Commissioner Miller stated that the amendment was proposed, basically, to get away from the provision that there could be no first floor residential units in commercial buildings. Commissioner Miller made the motion to close the public hearing; it was seconded by Commissioner Matteson and unanimously approved. Vote to close the public hearing passed, Page 5. Madison Planning and Zoning Commission, Planning Meeting, May 18, 2017

6 Commissioner Mitchell made the motion to accept the amendment as presented with the revision submitted; it was seconded by Secretary Burland and unanimously approved. Vote to accept the amendment as presented passed, Adjournment Secretary Burland made the motion to adjourn at 9:15 p.m.; it was seconded by Vice Chairman Larson and unanimously approved. Vote to adjourn passed, Respectfully submitted, Marlene H. Kennedy, clerk Page 6. Madison Planning and Zoning Commission, Planning Meeting, May 18, 2017