TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut 06798-0369 (203)263-3467 - www.woodburyct.org First land deed from the Indians April 12th 1659 MEMBERS PRESENT: Robert Clarke, Chairman Jon Quint, Vice Chairman Ted Tietz David Lampart MINUTES May 10, 2016 REGULAR MEETING/PUBLIC HEARING 7:30 P.M. SENIOR/COMMUNITY CENTER ALTERNATES PRESENT: Robert G. Maciulewski Jack Well Thomas Amatruda MEMBERS ABSENT: ALTERNATES ABSENT: Beverly Deickler, Secretary None ALSO PRESENT: Kathy Castagnetta the Town Planner, members of the public and members of the Press. 1 a. CALL TO ORDER Chairman Clarke convened the meeting at 7:31 p.m. b. SEATING OF MEMBERS AND ALTERNATES/CONFLICT OF INTEREST Seated were Commissioners Clarke, Quint, Tietz, Lampart and Alternate Well. Reference was made to Section 8-11, Connecticut General Statutes, and Section 901 of the Woodbury Town Charter regarding Conflict of Interest. c. Continue Meeting to after Public Hearings The Chairman discussed with the Commission a change in the Agenda. Chairman Clarke moved and Commissioner Lampart seconded to adjust the Agenda to first hear item 2 d) regarding Application 16-ZC-1606 / Edward Tufte (owner), A. H. Howland & Associates, PC (agent) / 100 Weekeepeemee Road / Special Permit for a Use Change to Allow a Philanthropic and Charitable Institution Under Section 3.4.8 Including Construction of a 60' x 90' Building with Associated Septic System / Map 040 / Lot 043 2) PUBLIC HEARINGS 2. d) The Chairman opened the Public Hearing regarding Application 16 -ZC - 1606 / Edward Tufte (owner), A. H. Howland & Associates, PC (agent) / 100 Weekeepeemee Road / Special Permit for a Use Change to Allow a Philanthropic and Charitable Institution Under Section 3.4.8 Including Construction of a 60' x 90' Building with Associated Septic System / Map 040 / Lot 043. Mr. Paul Szymanski of A.H. Howland & Associates introduced himself as the Agent on this Application. The Chairman read into the record the legal notice which was published within Voices newspaper on May 4, 2016. The Chairman also read into the record the May 4, 2016 letter of Paul Szymanski outlining the number of proposed events at the premises. Mr. Szymanski also provided the certified letter receipts for the file. The Memorandum May 10, 2016 1
prepared by the Town Planner was also read into the record. It was mentioned that the premises did not have any regulated areas of wetlands. Mr. Szymanski, the Agent of the application, then provided a summary of the building to be constructed and the special events to be held at the premises. A building for storage purposes together with a septic system is to be constructed. The size of the building and the square footage were shown on site plan maps and discussed in detail by Mr. Szymanski. He also addressed the storm water management system which would treat storm events as well as the proposed septic system which has been approved by the Pomperaug Health District. Mr. Szymanski discussed the charitable foundations and the various trusts which will be created. He further discussed the open house events which would will meet the requirements of this Commission's Special Event regulation. Mr. Szymanski outlined and discussed in detail the event including the attendance, parking and traffic. Mr. Szymanski lastly mentioned they have taken number of steps to insure low impact. Mr. Tufte, the applicant, provided a summary of his farm with a handout. He mentioned a building for storage was needed for the security of his equipment. The restroom was needed for staff. Mr. Tufte provided a background of his ownership of the land as well as the events previously held there. He mentioned these events benefit Woodbury by drawing people into the town and referencing the town in major publications. Mr. Tufte described the issue of traffic at length. He also cited various other properties which are multi-purpose properties in town. It was agreed that the Town Planner has an A-2 survey of the premises. Mr. Tufte provided an aerial map of the premises. The Chairman then asked for public comment. Mr. Burt Gerke of 144 Weekeepeemee Road, Mr. Gerke questioned various elements of the septic system. Mr. Paul Szymanski answered his questions in detail. Mr. Szymanski further noted the system was approved by the Pomperaug Health District. It was further mentioned by Mr. Szymanski that portable toilets would be used for the Special Events. Mr. Tom Woodward of 9 Paper Mill Road, Mr. Woodward commented as to the requirements of a septic system such as distance of a septic system from a well The Chairman asked as to the previous traffic problems. Mr. Tufte described previous events and noted last year they were over whelmed with attendance. Mr. Szymanski outlined a new traffic plan consisting of reservations, a second entrance and parking. Mr. Burt Gerke of 144 Weekeepeemee Road, Mr. Gerke suggested signage for the event as well as speed control. Mr. Szymanski took note. The Commission and the Town Planner discussed the traffic study and made the following Motion. Chairman Clarke moved and Commissioner Quint seconded to waive the traffic study regarding Application 16-ZC-1606 As no further comments or questions arose. The Chairman made the following Motion. Chairman Clarke moved and Commissioner Quint seconded to close the Public Hearing regarding May 10, 2016 2
Application 16-ZC-1606 2. a) 16-ZC-1603/Town of Woodbury/Proposed Amendments to the Zoning Regulations Section 3.3, Temporary Uses and Structures in Any District including revisions to provide clarity and defined standards, eliminate regulations regarding commercial timber cutting, incorporate Special Event procedures and standards and eliminate the existing Section 3.5 regarding Special Events in Any District. CH: 06/14/16 The Chairman read into the record the Legal Notice published in Voices on April 27, 2016 and May 4, 2016. A letter from the Naugatuck Valley Council dated April 22, 2016 was read into the record that they found minimal regional significance. A letter from Northwest Hills Council of Government was read into the record indicating they found no conflict with plans or policies of neighboring towns. The Planning Commission's May 5, 2016 motion was referenced which was for a positive referral. A letter from Kathy Doyle was read into the record. The Town Planner and the Commission discussed minor changes as suggestions of the Planning Commission and Ms. Doyle. The Chairman called for comments from the public. There were none. The Commission further discussed changes to the regulation. The following Motions were made. Chairman Clarke moved and Commissioner Quint seconded to remove the Board of Selectman reference from the proposed Motion regarding Application 16-ZC-1603 Proposed Amendments to the Zoning Regulations Section 3.3, Temporary Uses and Structures in Any District and eliminate the existing Section 3.5 regarding Special Events in Any District. Chairman Clarke moved and Commissioner Lampart seconded to close the Public Hearing regarding Application 16-ZC-1603 Proposed Amendments to the Zoning Regulations Section 3.3, Temporary Uses and Structures in Any District and eliminate the existing Section 3.5 regarding Special Events in Any District. 2. b) 16-ZC-1604/Town of Woodbury/Proposed Amendments to the Zoning Regulations Section 4.1.3 regarding Home Occupations including revisions to provide clarity, defined standards, a Special Permit Hearing process for General Home Occupations and elimination of Section 4.1.4 regarding non-permitted home occupations. CH: 06/14/16 The Chairman read into the record the Legal Notice published in Voices on April 27, 2016 and May 4, 2016. A letter from the Naugatuck Valley Council dated April 22, 2016 was read into the record that they found minimal regional significance. A letter from Northwest Hills Council of Government was read into the record indicating they found no conflict with plans or policies of neighboring towns. The Planning Commission's May 5, 2016 motion was referenced which was for a negative referral. The Commission discussed the matter and made the following Motion. The Chairman called for comments from the public. There was none. May 10, 2016 3
The Commission further discussed changes to the regulation. The following Motion was made. Chairman Clarke moved and Commissioner Tietz seconded to leave the Public Hearing open regarding Application 16-ZC-1604 Proposed Amendments to the Zoning Regulations Section 4.1.3 regarding Home Occupations and elimination of Section 4.1.4 regarding non-permitted home occupations. Vote 4-1-0 in favor. Commission Quint opposed. 2. c) 16-ZC-1605/Town of Woodbury/Proposed Amendments to the Zoning Regulations Appendix B, Fee Schedule to provide clarity and to adjust fees to more accurately reflect the cost of administering the zoning regulations. 06/14/16 The Chairman read into the record the Legal Notice published in Voices on April 27, 2016 and May 4, 2016. A letter from the Naugatuck Valley Council dated April 22, 2016 was read into the record that they found minimal regional significance. A letter from Northwest Hills Council of Government was read into the record indicating they found no conflict with plans or policies of neighboring towns. The Planning Commission's May 5, 2016 motion was referenced which was for a positive referral. A letter from Kathy Doyle thanking the Commission for reviewing the fees was read into the record. The Commission discussed the fee for a tag sale. The Chairman called for comments from the public. There were none. The Commission further discussed changes to the regulation. The following Motion was made. Chairman Clarke moved and Commissioner Lampart seconded to close the Public Hearing regarding Application 16-ZC-1605 Proposed Amendments to the Zoning Regulations Appendix B, Fee Schedule The Commission discussed the Agenda and made the following Motion. Chairman Clarke moved and Commissioner Lampart seconded to adjust the agenda to hear next item 4 a) regarding 16-ZC-1607 / Waterbury Symphony Orchestra, Daniel Rostan (agent) / Hollow Park / Special Event Permit for Annual Summer Pops Concert July 10, 2016 / Map 103 / Lot 013 4. a) 16-ZC-1607 / Waterbury Symphony Orchestra, Daniel Rostan (agent) / Hollow Park / Special Event Permit for Annual Summer Pops Concert July 10, 2016 / Map 103 / Lot 013 Mr. Daniel Rostan, the Agent for the applicant appeared before the Commission. Mr. Rostan described picnic and pops musical presentation to be held at Hollow Park. Mr. Rostan outlined the agenda for the event and mentioned he was working with the Land Use Office regarding the necessary documents. Chairman Clarke asked if there were any prior problems, Mr. Rostan was not aware of any prior problems. After discussion, the Commission made the following Motion. May 10, 2016
Chairman Clarke moved and Commissioner Lampart seconded to waive the Public Hearing and allow staff to issue the necessary permit upon completion and submission of all necessary documents to the Land Use Office regarding 16 -ZC- 1607 / Waterbury Symphony Orchestra, Daniel Rostan (agent) / Hollow Park / Special Event Permit for Annual Summer Pops Concert July 10, 2016 / Map 103 / Lot 013 3) PENDING APPLICATIONS a) 16-ZC-1603/Town of Woodbury/Proposed Amendments to the Zoning Regulations Section 3.3, Temporary Uses and Structures in Any District including revisions to provide clarity and defined standards, eliminate regulations regarding commercial timber cutting, incorporate Special Event procedures and standards and eliminate the existing Section 3.5 regarding Special Events in Any District. CH: 06/14/16 The Commission and the Town Planner discussed the streamline of special events. The Commission also discussed tag sales at length. The following Motion was made. Chairman Clarke moved and Commissioner Quint seconded to approve Application 16-ZC-1603 Town of Woodbury, effective June 1, 2016 proposed amendments to the Zoning Regulations Section 3.3, Temporary Uses and Structures in any District as proposed by the Woodbury Zoning Commission including deletion of Section 3.5 regarding Special Events in any District with the following minor changes as follows: 3.3.1 delete any reference to "roadside" Add 3.3.5c "One tag sale is permitted per calendar year without a zoning permit when conducted as an accessory use to a residential dwelling. The duration of such tag sale shall not exceed four consecutive days" Modify 3.3.6 v to read: "Sign off on permit application indicating review and approval, as necessary by the Fire Marshal, Pomperaug Health District, Parks and Recreation Director, Police Department, and Building Official." Modify 3.3.c to read "50 square feet" The Commission and Town Planner discussed the revised tag sale language. c) Chairman Clarke moved and Commissioner Quint seconded to approve Application 16-ZC-1605 Proposed Amendments to the Zoning Regulations Appendix B, Fee Schedule. The Commission reviewed the text of the Fee Schedule and made the following Motion. Chairman Clarke moved and Commissioner Quint seconded to approve Application 16-ZC-1605 Proposed Amendments to the Zoning Regulations Appendix B, Fee Schedule as presented d) 16-ZC-1606 / Edward Tufte (owner), A. H. Howland & Associates, PC (agent) / 100 Weekeepeemee Road / Special Permit for a Use Change to Allow a Philanthropic and Charitable Institution Under Section 3.4.8 Including Construction of a 60' x 90' Building with Associated Septic System / Map 040 / Lot 043 / CH: 06/14/16 May 10, 2016 5
The Commission and the Town Planner reviewed the draft motion at length made the following Motions. Chairman Clarke moved and Commissioner Quint seconded the draft motion regarding Application 16-ZC-1606 (after discussion) Chairman Clarke moved and Commissioner Quint seconded to amend condition (1) of the proposed Motion to two months regarding Application 16-ZC-1606 / Edward Tufte (owner), A. H. Howland & Associates, PC (agent) / 100 Weekeepeemee Road / Special Permit for a Use Change to Allow a Philanthropic and Charitable Institution Under Section 3.4.8 Including Construction of a 60' x 90' Building with Associated Septic System / Map 040 / Lot 043 Chairman Clarke moved and Commissioner Quint seconded to add condition (3) Prior to issuance of a zoning permit, written documentation shall be provided to the Town Planner demonstrating current nonprofit status of said organization regarding application 16-ZC-1606 / Edward Tufte (owner), A. H. Howland & Associates, PC (agent) / 100 Weekeepeemee Road / Special Permit for a Use Change to Allow a Philanthropic and Charitable Institution Under Section 3.4.8 Including Construction of a 60' x 90' Building with Associated Septic System / Map 040 / Lot 043 FINAL WHEREAS, the Woodbury Zoning Commission (Commission) has received a Special Permit application, 16-ZC-1606 submitted by Edward Tufte to allow a use change to a Philanthropic or Charitable Institution under Section 3.4.8, including construction of a 60' x 42' building with associated septic system on property located at 100 Weekeepeemee Road (Tax Assessor's Map 040, Lot 043); and WHEREAS, the Commission has received the following material: a. An application dated 4-5-16; b. Agent Authorization Letter from Edward Tufte dated March 21, 2016; c. Letter from Spencer Myles, Soil Scientist regarding wetlands and soils delineation dated April 5, 2016; d. Sizing calculations for water quality basin dated 4-4-16; e. Building Construction Summary, floor plans, elevations and notes; f. Memo from Kathy Castagnetta, Town Planner dated April 6, 2016; g. Site Development and Sedimentation and Erosion Control Plan prepared by Paul S. Szymanski, Jr. dated March 10, 2016, revised 4-25-16; h. Building floor plans and elevations prepared by Jared Ocoma dated 4-17-2016. i. Temporary event parking sketch including sanitary facility location WHEREAS, the Commission held a duly warned public hearing on May 10, 2016; and WHEREAS, the Commission has received a letter from the Town Planner dated April 22, 2016 confirming the project is outside of the 100 foot wetlands regulated area; and May 10, 2016 6
WHEREAS, the submitted plans, revised and conditioned as detailed in this approval demonstrate conformance with the applicable zoning regulations of the Town of Woodbury; and WHEREAS, the Commission has carefully considered all the evidence submitted and information received; NOW THEREFORE BE IT RESOLVED that the Woodbury Zoning Commission approves Special Permit application, 16-ZC-1606 submitted by Edward Tufte to allow a use change to a Philanthropic or Charitable Institution under Section 3.4.8, including construction of a 60' x 42' building with associated septic system on property located at 100 Weekeepeemee Road (Tax Assessor's Map 040, Lot 043); and as depicted on the maps and plans listed above and subject to the following conditions: 1. A maximum of two Special Events will be held on the property per year. The applicant shall contact the land use office at least two months prior to each special event to apply for a Special Event zoning permit. 2. Prior to issuance of a certificate of occupancy of the new building a class A-2 as built survey map must be submitted. 3. Prior to issuance of a zoning permit, written documentation shall be provided to the Town Planner demonstrating current non-profit status of said organization. Made by Chairman Clarke, Seconded by Commissioner Lampart 4) NEW APPLICATIONS: b) 16-ZC- 1608 / 346 Main LLC / 346 Main Street South / Special Permit under Section 5.1.4(f) to allow mixed use Residential (existing), Retail & Retail and Professional Services (Holistic Health Center) / Map 104 / Lot 002A and 003 / OH: 07/14/16 The Commission discussed the prior tenants, staff review, and parking and made the following Motion. Chairman Clarke moved and Commissioner Lampart seconded to schedule a Public Hearing for June 14, 2016 regarding 16-ZC-1608 / 346 Main LLC / 346 Main Street South / Special Permit under Section 5.1.4(f) to allow mixed use Residential (existing), Retail & Retail and Professional Services (Holistic Health Center) / Map 104 / Lot 002A and 003 5) OTHER BUSINESS: Chairman Clarke appointed Commissioner Quint to chair the meeting. Alternate Well recused himself. Chairman Clarke seated Alternate Maciulewski and Alternate Amatruda. Chairman Clarke then recused himself. Ms. Jen Miller of Park and Recreation addressed the Commission regarding an event known as Shakespeare in the Park to be held in Hollow Park on July 23, 2016 with a rain date of July 24, 2016. The number of cars and persons in attendance was discussed with the Town Planner. Ms. Castagnetta mentioned this event was not considered a special event for this Commission. Commissioner Quint thanked Ms. Miller, seated Mr. Clarke and Alternate Well and unseated Alternate Maciulewski and Alternate Amatruda. May 10, 2016 7
6) UPDATES ON LAND USE BOARDS & COMMISSIONS Alternate Well updated the Commission on the upcoming vote regarding the BEDC and its advancing to a Commission. Commissioner Quint reported on the Conservation Commission regarding the development of the Strong property, results of earth day, the right to farm ordinance. Commission Lampart reported on the Inland/Wetland Commission which approved two applications for sheds. Commissioner Clarke reported on COG which did not have a quorum. Alternate Amatruda reported on the Planning Commission regarding the continuation of the Public Hearing on Strong Field which is a 12 lot subdivision. Alternate Maciulewski reported on the Historic District who continued a Public Hearing regarding Section 2 of their regulation which had been withdrawn. Chairman Clarke reported on NVCOG which did not hold a meeting. 7) ENFORCEMENT REPORT: None The Commission discussed enforcement items on the agenda pending legal action. 8) PRIVILEGE OF THE FLOOR None 9) CONSIDERATION OF MINUTES April 26, 2016 Chairman Clarke moved the Minutes of the April 26, 2016 meeting. Commissioner Clarke moved and Commissioner Lampart seconded to accept the Minutes of the April 26, 2016 meeting with the following amendments: Page 1, second paragraph to insert "to" between "regulation" and "be amended"' Page 1, second paragraph to remove the word "they" and insert "the Zoning Commission and the Board of Selectmen" before the word "pursue". 10) CORRESPONDENCE - A letter from O&G dated April 21, 2016 was reviewed. A letter by K. Doyle commended the wonderful job regarding the Earth Day event at Hollow Park. The O&G monthly complaint logs were within the file. 11) ADJOURNMENT To adjourn the meeting at 9:20 p.m. Made by Chairman Clarke FILED SUBJECT TO APPROVAL Respectfully Submitted, Lisa A. Schneider Zoning Commission Clerk Copies of documents and meeting audio are available at the Land Use Office May 10, 2016 RECEIVED & FILED IN WOODEURV, CT. Thlstz, _ -74 ///.._. 20 at 4e,o_ d I Town Clerk