Planning & Zoning Commission 54 East Main Street Clinton, Connecticut 06413 Public Hearing May 4, 2015 Minutes Present: A. Delia, Chairman; A. Kravitz, Vice Chairman; M. Knudsen, Secretary; E. Alberino, M. Carr, P. Fritz, C. Goupil, M. Rapuano, G. Bousquet and M.E. Dahlgren Absent: T. Guerra and P. Sullivan Also Present: E. Knapp, Zoning Enforcement Officer (Arrived at 7:17 p.m.) Chairman Anselmo Delia called the meeting to order at 7:03 p.m. in the Rose Room. Alternate Gary Bousquet was seated for Timothy Guerra. Secretary Michael Knudsen read the Legal Notice of Public Hearing into the record. Delia announced that the public hearings for Bluff Avenue/Butternut Road/9 Robin Lane and 101 Pratt Road would not be opened this evening. Carr moved to combine Agenda Items #3 and #8. Rapuano seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. 1. SE 15-038: 224 East Main Street, Giovanni Lawn Care, LLC/Ciro Landscaping, LLC: Change of use to contractor’s business and storage yard. Map 78, Block 70, Lot 159A. Zone B-4. Chuck Mandel, agent for the applicant, gave a brief presentation. Carr moved to continue the public hearing for SE 15-038: 224 East Main Street, Giovianni Lawn Care, LLC/Ciro Landscaping, LLC on June 1, 2015 at 7:00 p.m. in the Green Room of the Andrews Memorial Town Hall. Alberino seconded the motion. In Favor: In Opposition: Abstentions: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 2 Not Voting: Delia (Chairman) and Dahlgren (Not Seated) The motion carried: 8-0-0-2. Bousquet moved to recess the public hearing to move the meeting from the Rose Room to the Green Room. Fritz seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. The meeting recessed at 7:16 p.m. Carr moved to resume the meeting. Alberino seconded the meeting. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. The meeting was called to order at 7:24 p.m. in the Green Room. Delia announced that Agenda Item #7: 12 Nod Place would also not be opened this evening. 2. SE/CAM 15-043: Bluff Avenue/Butternut Road/9 Robin Lane, Bluff Properties, LLC: Contractor’s business and storage yard. Map 85, Block 69, Lot 111/100. Zone R-10. This item was unable to be opened because the posting requirements were not met. 3. AR 15-050: Petition to Amend the Zoning Regulations, David A. Mack Properties, LLC: Section 10.34.3(a) [Currently 10.28.3(a)]; Section 24.2.40(a). Goupil disclosed that she is a member of the High John Street Neighborhood Association, but felt that she could participate without bias. Secretary Knudsen read the Correspondence List into the record. Marjorie Shansky, agent for the applicant, gave a brief presentation. The April 30, 2015 letter from Carol Szymanski, DEEP/OLISP was read into the record. Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 3 Testimony In Favor o William W. Fritz, Jr. o Jane Scully-Welch o Michael Milano o Harriet Juel General Comments o Vincent Cimino o Greg Wendt o Jeff Cashman Kravitz inquired if all the buildings on a particular site would be covered by this amendment. Knapp stated that all the structures were covered. Shansky noted that it was a different applicant who made the application to change the regulations, which are the subject of this amendment. Carr moved to close the hearing for AR 15-050: Petition to Amend the Zoning Regulations, David A. Mack Properties, LLC. Kravitz seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. 3a. SE 15-069: John Street, David A. Mack Properties, LLC: Change of use to Commercial Indoor Recreation Facility, Type A. Map 44, Block 26, Lot 19. [Former Unilever facility] Zone I-1. Goupil disclosed that she is a part of the High John Street Neighborhood Association, but felt that she could participate without bias. Secretary Knudsen read the Correspondence List into the record. Marjorie Shansky, attorney for the applicant, gave a brief presentation. An appraisal by Eric Glidden, Glidden Appraisal Services, LLC, was submitted. Ron Nault, PE, gave a presentation outlining the plans. David Sullivan, PE, Manager of Traffic Engineering, Milone & MacBroom, discussed the traffic study. Eric Glidden, Glidden Appraisal Services, LLC, discussed the appraisal he prepared. Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 4 Testimony In Favor o John Allen, 15 Houperts Way o William W. Fritz, Jr., First Selectman o Charlene Denhart, 24 John Street o Larry Oulette, 11 Fernwood Lane o Jeffrey Cashman, 66 River Road General Comments o Vincent Cimino, 26 Old Mill Road o Robert Peploe, 49 Old Post Road Dahlgren inquired about the wastewater plan and the pressure tank shown on the plan. Nault discussed the plan for an application for an on-site wastewater system for domestic wastewater. Nault noted that the tank located on the plan was a former water storage tank for fire suppression. There are no plans for this tank at this time. Kravitz inquired if there had been discussions with Amtrack regarding access to the northerly side of the flyover for the train station. Nault stated that the land will be returned to valuable use. Kravitz inquired about the comparability of the Trumbull site with the Clinton site. Sullivan discussed his opinion of the Trumbull site when he chose to use data. Bousquet stated that it appears that the application is trying to be proactive as to traffic. He noted that he is assuming that there will be no more chemicals located on the site. Bousquet disclosed that he maintained the site for three years and noted that the traffic as a factory had three shifts. He inquired if there was there a comparison between of the traffic of what there was when it was an active factory use with three shifts versus the proposed use. Delia how many people are anticipated to be there on a weekday versus a weekend day. David Mack, as many as 150 people at any point in time, in shifts. Bousquet inquired if a majority of those individuals could be on a single bus. Mack agreed that there was that potential. Goupil inquired where the bus parking was located on the site and then inquired if it was sufficient for the anticipated use. Nault stated that he feels that it is sufficient. Mack stated that some of the use will be team driven, and some will be single family with several Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 5 children. Goupil suggested that the address of the site be changed to Central Avenue so that when a potential client uses a GPS to find the facility it doesn’t route them down John Street, which would help alleviate the concerns of the John Street residents. Mack stated that he was agreeable to this suggestion and would work with Town to accomplish this. Goupil also recommended a narrowing of the road by the last residential property on John Street which would also help with the traffic. Mack and Nault responded favorably to this suggestion as well. Goupil inquired about the peer review of the traffic study. EK responded. Delia noted that this use is expected to have bicycle traffic and foot traffic and inquired if this been considered. Sullivan stated that there are no specific accommodations on the roads approaching the site, but will review the plans to make sure the site has appropriate connectivity. Carr requested the average daily traffic counts currently and the anticipated ADT counts post-development. Sullivan stated that he has that data and will present it at the continuation of the hearing. Carr requested a professional evaluation of pedestrian and bike traffic. Bousquet noted that he is not as concerned about bike and pedestrian traffic because as a coach he has seen no players riding bicycles or walking to the games. Rapuano requested that the developer comes up with a plan for construction activity that will have the least impact on the residents of John Street with regards to heavy truck traffic and noise. Goupil clarified that Route 81 is the town’s State Bike Route. Goupil recommended that the developer refer to the following documents: Clinton’s Request for Bike and Pedestrian Infrastructure to Morgan, Clinton Restriping Proposal and the Safe Routes to School Master Plan. She also noted that while the sidewalks are not great on Route 81, they are used by the bike riders and skateboarders because the road is not safe for their use. Carr moved to continue the public hearing for SE 15-069: John Street, David A. Mack Properties, LLC on Monday, June 1, 2015 at 7:00 p.m. in the Green Room of the Andrews Memorial Town Hall. Alberino seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 6 4. AR 15-052: Petition to Amend the Zone Map, Darylle & Richard Connelly: Change a portion of 10 & 14 West Main Street, from R-10 to B-3; a portion of 10 West Main Street from B-2 to B-3; and a portion of 17 Commerce Street from R-10 to B-2. Traver Steiner gave a brief presentation. Secretary Knudsen read the Correspondence List into the record. He also read the March 26, 2015 letter from Carol Szymanski, DEEP/OLISP into the record. There was no testimony. Carr inquired if the owner of 14 West Main Street was aware of the petition. Steiner stated that the owner was notified of the change. Delia inquired if this was spot zoning. Knapp stated that it is not. Delia inquired if this would this intensify the uses. Knapp stated that theoretically a more intense use may potentially occur. Kravitz why 11 Commerce Street was remaining B-2 and why was the parking lot at 16-24 West Main Street not included in the proposal. Steiner noted that there was no reason to include 11 Commerce Street and he was unaware of the study that Kravitz was referring to with regards to the parking lot. Carr moved to close the hearing for AR 15-052: Petition to Amend the Zone Map, Darylle & Richard Connelly. Knudsen seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. 5. SE 15-057: 112 Pratt Road, Omar Francis: Change of use from two-family home to a singlefamily home with an accessory apartment. Map 34, Block 15, Lot 94A2. Zone R-10. This item was unable to be opened because the posting requirements were not met. Pam Fritz recused herself from all items regarding 31 Old Post Road. Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 7 6. AR 15-058: Petition to Amend the Zone Map, Shoreline Gardens, LLC: Change a portion of 31 Old Post Road from R-20 to I-2; a portion from R-30 to I-2; a portion from R-20 to R-30 and a portion from I-2 to R-30. John Lambert, attorney, requested that Edward Alberino to recuse himself. Alberino noted that he was on the subject property in his capacity as a fire inspector. He reviewed the circumstances and declined to recused. Secretary Knudsen read the Correspondence List into record. The April 30, 2015 letter from Carol Szymanski, DEEP/OLISP, was read into the record. Robert Grabarek, agent for the applicant, gave a PowerPoint presentation describing the proposed Testimony In Opposition o Vincent Cimino, 26 Old Mill Road o Peter Lucchese, 2 Mary Mac Loop o John Lambert, attorney o Submitted a portion of the 1965 Zoning Map [Exhibit 1] o Submitted Clinton aerial photos 1934 to 2010 showing 31 Old Post Road and nearby [Exhibit 2] o Submitted appraisal of 31 Old Post Road by George T. Malia, Jr. [Exhibit 3] o Submitted printed outs from Vision Government Solutions [Exhibit 4] o Submitted a copy of the application map which has been marked up [Exhibit 5] o Submitted a copy of the Plan of Conservation and Development Focus Areas “Draft – For Discussion Purposes Only” [Exhibit 6] o Submitted a copy of a draft of the “Distribution Center Development Focus Area” [Exhibit 7] o Submitted a petition [Exhibit 8] o Dave Smith, 18 Settlers Lane o Justin Winans, 11 West Woods Drive o Ellen Cavanaugh, 29 Founders Village o Dale Moore, 15 Settlers Lane o John Conti, 9 West Woods Drive o Justin Mozny, 12 West Woods Drive o David Lane, 7 West Wood Drive o Jack Maroni, 38 Brush Hill Road Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 8 o o o o o o o o o o o o o o o o Robert Peploe, 49 Old Post Road Donna Steponkus, Old Post Road Charles Steponkus, Old Post Road David Moore, 15 Settlers Lane Sherry Smith, 18 Settlers Lane Carol Martone, 16 Bonny Lane Judy Nozato, 12 Bonny Lane Peter Navarro, 10 Bonny Lane Kirby Cummings, 30 Old Road Don Mikalsen, 7 Settlers Lane Pamela Fritz, 14 Old Road o Submitted a letter from Hope Douglas [Exhibit 9] Jeffrey Cashman, 66 River Road o Submitted field card for 66 River Road [Exhibit 10] Yasuo Nazato, 12 Bonny Lane Mark Baker, 5 Bonny Lane Sal Pasquariello, 9 Bonny Lane Mario Kahn, 18 Bonny Lane Robert Grabarek, gave a rebuttal statement. He noted that the property has been used for greenhouses for the past 30 years and has been owned by the current owners for the past 11 years and do not wish to sell or move. Grabarek does not feel that the greenhouses are objectionable. The operation will continue as it currently is. Delia inquired if this proposal was to enable the expansion of the nursery use. It was noted that the parcel is in three zones currently. Carr moved to close the public hearing for AR 15-058: Petition to Amend the Zone Map, Shoreline Gardens, LLC. Alberino seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Goupil, Rapuano and Bousquet None None Delia (Chairman), Fritz (Recused) and Dahlgren (Not Seated) 7-0-0-3. Fritz returned to the meeting. Goupil and Knudsen stepped out. Knudsen returned at 10:36 p.m. Goupil returned at 10:37 p.m. 7. SE/CAM 15-067: 12 Nod Place, New England Road, Inc.: Contractor’s business and storage yard; deposit and stockpiling of earth materials. Map 21, Block 9, Lot 3. Zone I-2. Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 9 This item was not opened at the request of the applicant. 8. SE 15-069: John Street, David A. Mack Properties, LLC: Change of use to Commercial Indoor Recreation Facility, Type A. Map 44, Block 26, Lot 19. [Former Unilever facility] Zone I-1. See Item #3a. 9. AR 15-020: Proposed Amendment to the Zoning Regulations: Section 10.3: Multiple Dwelling Units in Commercial Structures. Secretary Knudsen read the Correspondence List into the record. He also read the April 30, 2015 letter from Carol Szymanski, DEEP/OLISP. Eric Knapp, Zoning Enforcement Officer reviewed the changes to the draft text since the previous public hearing. There was no testimony from the public. Dahlgren inquired about the new text regarding the average number of bedroom. There was a brief discussion. Kravitz noted his feelings that the amenities should be required. Bousquet moved to close the public hearing for AR 15-020: Proposed Amendment to the Zoning Regulations. Alberino seconded the motion. Gb moved to close. Ea seconded. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. 10. AR 15-021: Proposed Amendment to the Zoning Regulations: Section 10.5: Village Residential Development (VRD). Secretary Knudsen read the Correspondence List into the record. He also read the April 30, 2015 letter from Carol Szymanski, DEEP/OLISP. Eric Knapp, Zoning Enforcement Officer reviewed the changes to the draft text since the previous public hearing. There was no testimony from the public. Carr moved to close the public hearing for AR 15-021: Proposed Amendment to the Zoning Regulations. Alberino seconded the motion. In Favor: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 10 In Opposition: Abstentions: Not Voting: The motion carried: None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. 11. AR 15-022: Proposed Amendment to the Zoning Regulations: Section 3: Definitions (Common Green Space & Tract). Secretary Knudsen read the Correspondence List into the record. He also read the April 30, 2015 letter from Carol Szymanski, DEEP/OLISP. There was no testimony from the public. Bousquet moved to close the public hearing for AR 15-022: Proposed Amendment to the Zoning Regulations. Kravitz seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. 12. AR 15-023: Proposed Amendment to the Zoning Regulations: Section 24: Schedule of Uses by District. Secretary Knudsen read the Correspondence List into the record. He also read the April 30, 2015 letter from Carol Szymanski, DEEP/OLISP. There was no testimony from the public. Carr moved to close the public hearing for AR 15-023: Proposed Amendment to the Zoning Regulations. Bousquet seconded the motion. In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. Carr moved to adjourn the meeting. Knudsen seconded the motion. Clinton Planning and Zoning Commission Public Hearing Minutes May 4, 2015 Page 11 In Favor: In Opposition: Abstentions: Not Voting: The motion carried: Kravitz, Knudsen, Alberino, Carr, Fritz, Goupil, Rapuano and Bousquet None None Delia (Chairman) and Dahlgren (Not Seated) 8-0-0-2. The meeting adjourned at 11:04 p.m. Respectfully submitted, Julia N. Pudem Clerk
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