Minutes Planning and Zoning Commission March 22, 2017 The West Haven Planning & Zoning Commission held a Special Meeting on Wednesday, March 22, 2017 (as the adjourned Public Hearing and Regular Meeting originally scheduled for Tuesday, March 14, 2017), in the Harriet North Room, 2nd Floor, City Hall, 355 Main Street, West Haven, CT at 7:00 P.M. PRESENT: Commissioners Hendricks, Suggs, Biancur, Posey, ZEO Conniff, Assistant City Planner Killeen, Planning and Development Commissioner Riccio, Corporation Counsel Amendola and Mayor O Brien. Absent were Commissioners Cohen, Standish and Mullins. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Commissioner Biancur made a motion to approve the meeting minutes of February 14, 2017, seconded by Commissioner Suggs and passed 3-0. (Hendricks recused) Public Hearing 1. Proposed Amendments to the Zoning Regulations. Application for approval of text changes to the City s Zoning Regulations as follows: 1) To define Digitally Enhanced or Electronic Billboard and 2) To establish conditions for the approval of electronic billboards in the City. Proposed text changes would amend Section 65.2 and 65.4.7 and add a new Section 69.5 to the West Haven Zoning Regulations. Applicant: Outfront Media, LLC; File # ZR 17-01. Attorney Timothy Lee, representing the applicant, stated that after looking closer at the proposed amendment to the regulation, the applicant determined some changes to the proposed text were necessary, and he submitted revised language for this purpose. P&Z staff advised the applicant that this revised language would require new legal notices and display ads since the changes will be less restrictive than what was already published. The applicant agreed to cover the City s costs of new legal notices and will again run the display ads approved previously by the Planning and Zoning Commission, inserting the revised language. The applicant is asking that this be continued to the April 25 th meeting. He is also granting the extension of time. On the advice of P & Z staff, this will be continued rather than have the applicant refile. The Commission agreed to this continuation. 2. Proposed Amendments to the Zoning Regulations. Application for approval of amendments to Section 46, Keeping of Animals, to establish requirements for the Keeping of Hens. Proposed text changes would amend Section 46.1.1 and add a new Section 46.3 to the West Haven Zoning Regulations. Applicant: City of West Haven Animal Control. File # ZR 17-02. ZEO Conniff stated there have been several instances of families having chickens, and there are no current restrictions. Therefore, this application is asking for a modification of the regulations. There will be an application form the property owner submits when applying for aproval. The Animal Control Officer will monitor and keep a count. Mayor O Brien stated he
West Haven Planning and Zoning Commission Minutes, March 22, 2017 Page 2 was not aware of this proposed amendment. Chairman Hendricks suggested continuing this application so the animal control officer can come before this commission at the next meeting and present it. Motion was made by Commissioner Posey to continue this hearing to the March 28, 2017 meeting at 7:00 PM in the Harriet North Room, seconded by Commissioner Suggs and passed 4-0. 3. Proposed Changes to Zoning Map for Properties Located at 179 Richards Street and 70 Hall Street. Application for approval of Changes to the Zoning Map for two properties currently located in the R-3 (Residential) District to the PF (Public Facilities) District under Section 38, Section 86 and Section 92 of the West Haven Zoning Regulations. Applicant: City of West Haven, CT. File # ZM 17-08. Attorney Vincent Falcone is representing the applicant tonight. He stated that the Housing Authority acquired the Thompson School building from the City in the fall 2016. The school building will be used for the senior, elderly or veteran housing as approved by the city council. This zone map change is for the existing parking lots to be zoned the same as the school building. The special permit and site plan for the building will be filed and be presented at the April 25 th meeting. There were Housing commission members in support of this plan in attendance tonight. They are Rosemary Payne, Vice Chair John O Connor, Wayne D Aurio, Tracy Mooney and also General Counsel Karen Kravitz. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Paula Notarino, 20 Hall St., asked for the definition of a PF zone and what uses are also allowed on this property. Mr. Killeen provided an overview of the uses permitted in the PF District, noting that all of the uses are subject to Special Permit approval, which will require a public hearing of the proposed use once site plans are complete. Commissioner Biancur made a motion to close the public hearing, seconded by Commissioner Suggs and passed. 4. Proposed Amendments to the Zoning Regulations. Application for approval of multiple text changes to the City s Zoning Regulations: 1) To amend Section 38.2 and Table 39.2 to allow limited Multi-Family residential uses by Special Permit in the PF (Public Facilities) District, and 2) to modify Table 62.1 re: parking for multi-family dwellings in the PF District. Proposed text changes would amend Section 38.2 and modify Table 39.2 and Table 62.1 of the West Haven Zoning Regulations. Applicant: City of West Haven, CT. File # ZR 17-09. Attorney Vincent Falcone is representing the application tonight. The text change is made in coordination with the zone change. He read into the record the new Section #7 that the applicant is proposing to add to the regulation. The Table of Uses would then be changed to identify multi-family residential uses by special permit in the PF District. Additionally, the proposed amendment would change the requirement for parking under Table 62.1 to one space per bedroom as currently allowed in the TOD and CBD Districts. Commissioner Biancur expressed his concern about the possibility that there could be two cars per one bedroom unit, a
West Haven Planning and Zoning Commission Minutes, March 22, 2017 Page 3 condition that may lead to on street parking problems. He stated he would be looking at the site plans very closely to determine whether the proposed parking would be sufficient. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Stacey Riccio, 4 th District City Councilperson, 355 Main Street, stated she gets complaints about parking along Stevens St. and parking related to the VA Hospital. She is concerned about potential parking problems here as well. She asked how many units were proposed. Atty. Falcone responded that this would be included in the Site Plan application once all of the plans are completed. Attorney Falcone stated that the applications made to the Housing Authority will adhere to the regulations. He also noted that the current Plan of Conservation and Development (2004) supports services to meet the housing needs of the elderly and disabled populations. Commissioner Biancur made a motion to close the public hearing on File #ZR 17-09, seconded by Commissioner Suggs and passed. 5. 137 Orange Avenue. Applications for approval of a Special Permit and a Liquor Permit to relocate an existing package store business from 221 Orange Avenue to 137 Orange Avenue, in an RCPD (Planned Residential Commercial) District, pursuant to Table 39.2, and Sections 45, 85 and 92 of the West Haven Zoning Regulations. Applicant: Ajay Patel Business: AMIT, LLC/Park Liquor Store; Owner: Life is Great, LLC. File # SP 17-012. Attorney Jeffrey Sachs, Hamden, Ct., is representing the applicant. The current liquor store is at 221 Orange Avenue. Park Liquor Store is being evicted by the landlord effective April 30, 2017. The only vacant location that is in the area and meets the distance requirements was 137 Orange Ave. The new location would be about 700 ft. from the old location. Mr. Killeen read into the record the building official s comments. He also stated that the application demonstrates that this location exceeds the minimum distance requirements, and he sees this as an appropriate move. Three calls were made to speak in favor and three calls were made to speak in opposition to this application. Tanya Bello, 9 Gilbert St., is in opposition because of crime in the area and a bus stop being located nearby. Leslie Guity, 102 Hinman St., is in opposition with the same concerns as above. Bernard Young, 385 Putnam Ave., expressed concern about the location of the liquor store across the street from a substance abuse facility.
West Haven Planning and Zoning Commission Minutes, March 22, 2017 Page 4 Mike Weiser, landlord of 137 Orange Ave., stated the building has been vacant for a period of time. This is not a new package store but just a relocation of an existing package store, within the block. Jimmy Brown, 1 Linden St., stated it s up to the people themselves whether they go to a liquor store. Attorney Sachs had no rebuttal. Commissioner Suggs made a motion to close the public hearing on File #SP 17-012, seconded by Commissioner Posey and passed. Special Meeting 1. Deliberation and Action on Public Hearing Items: a. Proposed Amendments to the Zoning Regulations. Application for approval of text changes to the City s Zoning Regulations: 1) To define Digitally Enhanced or Electronic Billboard and 2) To establish conditions for the approval of electronic billboards in the City. Applicant: Outfront Media, LLC. File # ZR 17-01. Application has been continued to the April 25, 2017 meeting to allow revisions to be published. b. Proposed Amendments to the Zoning Regulations. Application for approval of amendments to Section 46, Keeping of Animals, to establish requirements for the Keeping of Hens. Applicant: City of West Haven Animal Control. File # ZR 17-02. Commissioner Posey made a motion to continue File #ZR 17-02 to the March 28, 2017 meeting at 7:00 PM in the Harriet North Room, seconded by Commissioner Biancur and passed 4-0. c. Proposed Changes to Zoning Map for Properties Located at 179 Richards Street and 70 Hall Street. Application for approval of Changes to the Zoning Map for two properties from the R-3 (Residential) District to the PF (Public Facilities) District. Applicant: City of West Haven, CT. File # ZM 17-08. Commissioner Biancur made a motion to approve File #ZM 17-08, seconded by Commissioner Suggs and passed 4-0. d. Proposed Amendments to the Zoning Regulations. Application for approval of multiple text changes to the City s Zoning Regulations: 1) To amend Section 38.2 and Table 39.2 to allow limited Multi-Family residential uses by Special Permit in the PF (Public Facilities) District, and 2) to modify Table 62.1 re: parking for multi-family dwellings in the PF District. Applicant: City of West Haven, CT. File # ZR 17-09.
West Haven Planning and Zoning Commission Minutes, March 22, 2017 Page 5 Commissioner Biancur made a motion to approve File #ZR 17-09, seconded by Commissioner Suggs and passed 4-0. e. 137 Orange Avenue. Applications for approval of a Special Permit and a Liquor Permit to relocate an existing package store business from 221 Orange Avenue to 137 Orange Avenue, in an RCPD (Planned Residential Commercial) District. Applicant: Ajay Patel Business: AMIT, LLC/Park Liquor Store; Owner: Life is Great, LLC. File # SP 17-012. Commissioner Biancur made a motion to approve File #SP 17-012, seconded by Commissioner Suggs and passed 4-0. 2. Section 8-24 Review and Report: Proposed sale of Center Street (Assessor s Map 44 Lot 198), 395 First Avenue, and Bayview Park properties to the Haven Group, LLC Attorney Gary O Connor, is representing the application. This matter has been referred by the City Council for the sale of three city properties as stated above. These three properties are located in the Haven South development area, which, according to previous decisions of this commission, was in accordance with the Municipal Development Plan (MDP). The development agreement was signed in 2015 and required the sale of these properties. Mr. Killeen also provided relevant excerpts from the 2004 Plan of Conservation and Development. Commissioner Biancur made a motion to approve the Section 8-24 review and report regarding the sale of Center St., 395 First Avenue and Bayview Park, seconded by Commissioner Hendricks and passed 4 0. The resolution below was read into the record: March 22, 2017 Special Meeting City of West Haven Planning and Zoning Commission RESOLUTION of the West Haven Planning and Zoning Commission making the requested report to the West Haven City Council and the West Haven Redevelopment Agency pursuant to Section 8-24 of the Connecticut General Statutes on the following proposed activity: The sale of three City owned properties located at Center Street (map number 44, lot number 198), 395 First Avenue and Bayview Place Park in West Haven CT. NOW THEREFORE BE IT RESOLVED that in accordance with Connecticut General Statue 8-24, the West Haven Planning and Zoning Commission recommends approval of the proposed sale of three City owned properties located within the Haven South Municipal Development Plan area and located at Center Street (map number 44, lot number 198), 395 First Avenue, and Bayview Place Park to facilitate development within the Haven South Municipal Development Plan area. A report of this approval shall be made to the West Haven City Council and the West Haven Redevelopment Agency. Motion was made by Commissioner Biancur, seconded by Commissioner Hendricks.
West Haven Planning and Zoning Commission Minutes, March 22, 2017 Page 6 The vote was 4 yea 0 nea The Chairman declared the Resolution passed. 3. Request for Approval of Alternate Form of Notice Re: Proposed Changes to the Zoning Regulations Re: Section 2.2, Definition of Open Space, Table 36.1, Area and Bulk Requirements in the WD District, Section 36.2, Description and Intent, WD District, and Table 62.1, Parking Requirements, Applicant: City of West Haven. File # ZR 17-010. It was reported that the City was planning to withdraw this application, so there was no need to act on this request for a display ad at this time. 4. Request for Approval of Alternate Form of Notice Re: Proposed Changes to the Zoning Regulations Re: Parking Requirements for Self Storage Use, File # ZR 17-017 Mr. Killeen stated James Rotondo of Godfrey Hoffman will come before this commission on April 11 th with a proposal requesting a self-storage facility. The current parking regulations are restrictive, and as part of their application, they are petitioning the commission to amend the regulation to two spaces for 100 storage cubicles. In relation to that request, the applicant is asking the Commission s approval of two display ads: one in the NH Register (4x5 inches) and one in the WH Voice (1/4 page), both 10-15 days before the public hearing. A sample was submitted. Commissioner Biancur made a motion to allow an alternate form of notice ZR 17-017, seconded by Commissioner Posey and passed 4-0. 5. Staff Reports a. Adult Use Study Committee Mr. Killeen stated a meeting has not been held since January because of a lack of quorum in February and the snow storm in March. A special meeting will be held before the March 28 P&Z meeting. Attorney Amendola stated the city was successful on appeal for the adult use proposed on Orange Avenue in 2015. b. Update to Plan of Conservation and Development The consultant will hold an informational session on April 6 th to present the Plan to the Planning and Zoning Commission. The commission members should get a link to the draft POCD by the end of the week. A tentative date for the public hearing will be sometime in June. 6. Other Business - none ADJOURNMENT: 8:38 p.m. Commissioner Posey made a motion to adjourn, seconded by Commissioner Biancur and passed 4-0.