January 22, 2003
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Chairman Hiscox seated Anthony Parrella for Donald Pomeroy.
Approval of Minutes: Motion by T. Galvin, seconded by A. Havican to approve the minutes of the January 8, 2003 meeting as amended. Unanimous.
Correspondence:
1. CBA Planning & Zoning Section Seminar – Connecticut Land Use Law for Municipal Land Use Agencies, Boards and Commissions, March 1, 2003.
Motion by G. Graveline, seconded by A. Havican to accept the correspondence. Unanimous. D. Pomeroy arrived at 7:07 p.m. Consequently, A. Parrella was unseated for the remainder of the meeting.
Public Participation: None
Old Business:
a. O & G Industries, Inc., 147 Spring Road. Special Permit Renewal. The public hearing on this application was closed at the January 8, 2003 meeting. The Commissioners had previously been given a copy of the current Resolution of Approval for review and discussed renewing the special permit for a period of (2) two years with a mandatory one-year review before the Commission. Ken Faroni of O & G Industries was in attendance. Chairman Hiscox reiterated the concerns of the neighbors regarding trespassers (ATV’s) on the property. G. Graveline suggested that more effort might be needed in securing the perimeters of the property by identifying where the gaps are and putting forth a plan to fill in those gaps within a certain time frame. The Commissioners agreed that trespassers were a problem and that in addition to continuing to work with the Resident Trooper’s office, Mr. Faroni should come back to the Commission in April 2003 with a proposed plan for decreasing the trespassing on the property. Chairman Hiscox also stated the neighbors concerns with dust suppression and asked Mr. Faroni to ensure that proper procedures continue to be followed to minimize the dust. Bill Donovan reiterated the neighbors concern with the speed of trucks to and from the quarry. Motion by A. Havican, seconded by G. Graveline to approve the renewal of the Special Permit for O & G Industries, Inc., for a 2-year period ending January 22, 2005, with the condition that a mandatory public review be scheduled for the January 7, 2004 Planning & Zoning meeting. Unanimous.
Public Hearings:
a. Hank Berberat, 83 Union City Road. Application to Amend Section 311 of the Zoning Regulations – Regulations for Elderly Housing in Residential Zones. The public hearing scheduled for 7:15 p.m. was cancelled due to an administrative procedure. The Commissioners briefly reviewed the proposed changes. G. Graveline suggested that should the proposed revisions be approved, language should also be included stating that “The Commission reserves the right to set an appropriate bond.” The public hearing was rescheduled to February 5, 2003 at 8:15 p.m.
New Business:
a. Michael McBride, 163 Union City Road. Application for a Home Occupation Permit – Lawn Maintenance. Chairman Hiscox read a letter dated January 6, 2003 from Linda McBride, owner of property located at 163 Union City Road, giving permission for Michael McBride to have a home-based business at her residence. Michael McBride described his lawn maintenance business indicating that he is the only employee. There would be only one vehicle (1-ton dump truck) and a 16-foot trailer kept at this location. Proposed hours of operation are 7:00 a.m. to 6:00 p.m., Monday through Saturday. Mr. McBride indicated that he also plows snow in the winter. The plow would be stored indoors. Mr. McBride also stated that he would not be storing landscaping materials, fertilizers or pesticides on the property. Motion by G. Graveline, seconded by T. Galvin to accept the application for a Home Occupation Permit for a lawn maintenance business. Unanimous. Chairman Hiscox clearly stated that the applicant would need approval from the Planning & Zoning Commission prior to making any changes in the business operations as they are described in this application. G. Graveline warned the applicant that making noise with equipment, i.e. loading, unloading, maintenance, etc., is not allowed before the approved start time or after the approved stop time. Chairman Hiscox also indicated that no outdoor storage is allowed. Motion by D. Pomeroy, seconded by T. Galvin to approve a Home Occupation Permit for Yankee Landscaping, 163 Union City Road, for lawn maintenance for a period of (3) three years. Unanimous.
b. Christopher Mancini, 14 Horizon View. Application for a Home Occupation Permit – Chris’s Landscaping. Chairman Hiscox read a letter dated January 22, 2003 from Louis & Madeline Mancini, owners of property located at 14 Horizon View, stating that they give their son, Christopher Mancini, permission to operate a home-based business from their residence. Christopher Mancini stated that he has two small, 1-ton dump trucks and two trailers. He has one employee who will occasionally come to the residence to drive to work sites with Mr. Mancini. Mr. Mancini also presented the Commissioners with a list of 14 signatures of neighbors stating that they have no objection to Mr. Mancini’s request for a home occupation business at 14 Horizon View. The Commissioners directed Mr. Mancini that the Regulations allow for only one commercial vehicle to be parked or garaged on the premises. Mr. Mancini stated that he could have his employee take one truck home each day. An amendment was made to the application indicating that only one truck would be parked at the residence. Hours of operation would be Monday – Friday, 8:00 a.m. to 5:00 p.m. There will be no storage of landscaping materials, pesticides or fertilizers on the premises. Motion by T. Galvin, seconded by D. Pomeroy, to accept the application for a home occupation permit for Chris’s Landscaping as amended. Unanimous. G. Graveline cautioned Mr. Mancini regarding making noise with equipment, i.e., loading, unloading, maintenance, etc., outside of the approved hours of operation. Chairman Hiscox stated to the applicant that any change in the operations of the business must first be approved by the Planning & Zoning Commission. Chairman Hiscox also stated that there could be no outdoor storage. Motion by G. Graveline, seconded by A. Havican to approve the Home Occupation Permit as amended for Chris’s Landscaping, 14 Horizon View, for landscaping for a period of (3) three years. Unanimous.
Zoning Regulations Revisions: Richard Harrall and Tom Kreykus of Harrall-Michalowski Associates, Inc., reviewed a handout prepared for discussion of seven subject areas of the Zoning Regulations: home occupations, landscaping, off street parking and loading, exterior lighting, signs, telecommunication towers and aquifer protection. In depth discussion was held regarding the home occupation regulations. Mr. Harrall recommended that the definition of a home occupation be simplified and outline the details within the Regulations. The Commissioners discussed whether a stipulation should be added to the home occupation regulations that the property must be in compliance with all zoning RA1 & RA2 requirements and also identifying specific renewal application requirements, i.e., the process, who’s responsible for renewal, and applicable fees. It was suggested that a definition of “seasonal” might be included as well. The recommendation for a comprehensive landscaping section in the Regulations was discussed. A landscaping plan would be required as part of a site plan application. G. Graveline suggested that asphalt curbing might be included in #3 under proposed “Landscaping of Off-Street Parking Areas” (page 11 of the handout), as an alternative to granite or concrete. When discussing “Off Street Parking and Loading Requirements” the Commissioners agreed that no drive-thru fast food restaurants/pharmacies should be allowed. It was also suggested that a clear definition of restaurant is needed. Under discussion on “Exterior Lighting” the Commissioners noted that Item (2)D of Design Standard on page 23 of the handout might need to be amended to accommodate businesses that operate after 11:00 p.m. It was suggested that a section be added under “Signs” to address flags, banners and wrap around signs. There were no additional recommendations noted by the Commissioners under “Telecommunications Towers” and “Aquifer Protection Regulations”, however, Mr. Harrall highlighted proactive measures being taken by several municipalities to protect aquifer areas within their zoning regulations. He noted that the recommended aquifer protection regulation would include provisions requiring sewer connections for residential dwellings of three or more units within the APA. The next meeting with H.M.A., Inc. was scheduled for February 19, 2003 at 8:00 p.m. Mr. Harrall suggested that he would provide revised definitions and review site plan/plot plan and subdivision regulations at the next meeting.
Land Use Inspector’s Report: Bill Donovan submitted a letter from Gene McCarthy, Assistant Director of Public Works and Bill Donovan recommending a site bond of $180,000.00 for Hankey Estates Subdivision. Motion by T. Galvin, seconded by A. Havican to set the site development bond for Hankey Estates Subdivision at $180,000.00 as recommended by Gene McCarthy and Bill Donovan. Unanimous. Bill stated that the manager of the Texaco Station would be attending the next meeting to discuss the Commissions concerns regarding the sidewalk clutter. Bill has also sent a letter to the new owner of Prospect Paintball instructing him to file a renewal application. The current special permit does not allow any outdoor storage however, there are three vehicles parked on the site. Chairman Hiscox reminded the Commissioners that the 2003-2004 Planning & Zoning Commission Budget would be on the agenda for the next meeting. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
Motion by T. Galvin, seconded by A. Havican to adjourn at 10:15 p.m. Unanimous.