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DRAFT MINUTES
MANSFIELD PLANNING AND ZONING COMMISSION
Regular Meeting, Monday, November 2, 2009
Council Chamber, Audrey P. Beck Municipal Building
Members present: R. Favretti (Chairman), B. Gardner, J. Goodwin, R.
Hall, K. Holt, P. Kochenburger,
P. Plante (7:36 p.m.), B. Pociask, B. Ryan
Alternates present: M. Beal, L. Lombard (7:36 p.m.)
Alternates absent: G. Lewis
Staff Present: Gregory Padick, Director of Planning
Chairman Favretti called the meeting to order at 7:19 p.m. Alternate Beal was appointed to act until Plante’s arrival.
Holt MOVED, Hall seconded, to add to the agenda under New Business: a bond release request from Paideia. MOTION PASSED UNANIMOUSLY.
Minutes:
10/19/09-Hall MOVED, Pociask seconded, to approve the 10/19/09 minutes as written. MOTION PASSED UNANIMOUSLY.
Zoning Agent’s Report:
The Zoning Agent’s report was noted. Hirsch related that he has issued Edward Hall a Violation Notice upon investigating and confirming the claim of additional trailers on the Hall site.
Old Business:
1. Review of Proposed Signage and Landscaping for 454 Storrs Rd, File #1279
Goodwin disqualified herself.
Padick referenced his 10/29/09 memo and summarized the proposed ramp, landing
and signage improvements. Ranjit Balajjen, property owner; John Ivan, Paragon
Builders; and Michael McDonald, Stix n’ Stones were present.
Gardner questioned the location of the sign and possible interference with
sightlines. Hirsch responded that the sign is the appropriate distance away
from the road and would not interfere with sightlines.
Holt expressed concern that the ramp design and all railings lacked design
consistency. She proposed that the plans be sent to the Design Review Panel for
review.
Pociask expressed concern that the pressure treated wood proposed for ramp
construction would warp over time and become hazardous. Ivan and McDonald related
that composite deck materials are available and are an option. Samples will be
submitted to the Planning Office for approval.
McDonald discussed the immediate need to construct the wall now to prevent
erosion on Bassetts Bridge Road side of the building and noted the ramp can not
be built until the wall is constructed as per the Building Code. He also
stated that he plans to install all plantings now, rather than in the spring,
and he will mulch for winter protection, agreeing to replace any losses due to
winter damage.
Hall said that the ramp location and construction is based on the building code
and that the Commission could appropriately address design aspects without
referral to the Design Review Panel. Noting no comments from the public or
further comments from the staff or the Commission, Kochenburger MOVED, Plante
seconded, that the PZC Chairman with
staff assistance be authorized to approve final plans for signage, landscaping
and associated site work at 454 Storrs Road. The final plans shall be based on
the applicant’s most recent submissions as supplemented, revised or otherwise
discussed at the PZC’s 11/2/09 meeting. MOTION PASSED with all in favor except
Holt who was opposed and Goodwin who disqualified herself.
Public Hearing:
Special Permit Application, Proposed Retail Package Store, 153 N. Eagleville Rd,
Pesaro’s LLC, o/a.
File #585-3
Chairman Favretti opened the continued Public Hearing at 7:50pm. Members
present were Favretti, Gardner, Goodwin, Hall, Holt, Kochenburger, Plante,
Pociask, Ryan, and alternates Beal and Lombard. Padick noted a 10-29-09 memo
from the Director of Planning, a 10-29-09 letter from the Town Attorney, a 10-28-09
revised Statement of Use from the applicant and 10-26-09 revised plan, a
10-27-09 memo from Bryan Burney, owner of Ted’s Spirit Shop and potential new
occupant, and a 10-26-09 letter from the Department of Transportation.
Mary Hirsch, owner, referred to Padick’s memo and stated that she has agreed
to create a crossed-hatched area in front of the door for patrons to safely
enter and exit the store, but she requested that the Commission not require a
handicapped space in this area as this will eliminate a parking space near this
door.
Members discussed with Hirsch pedestrian access to the site. It was noted that
students often take the shortest path despite crosswalks and designated
pedestrian areas. Burney stated that the same pattern occurs at the site he
currently occupies despite attempts to correct it.
Chairman Favretti noted no further questions or comments from the public or
Commission. Hall MOVED, Gardner seconded, to close the Public Hearing at 8:05
p.m. MOTION PASSED UNANIMOUSLY. Hall volunteered to work with staff to draft
a motion.
Request for Permitted
Use Determination: Property in a Planned Business-5 Zone.
Padick summarized the request for
determination submitted by IMCORP President and COO Bruce Broussard, who was
present to address any questions. Mr. Brossard provided an overview of the
planned use and related that all deliveries would be made by UPS/Fed-Ex vans. He
related that many of IMCORP’s employees are on job sites. All employees are not
present at the office site at one time.
Holt asked about the use of solvents for cleaning and was told all regulations for hazardous materials would be followed.
Ryan questioned the parking of test vehicles (“mobile units”) at the site and
what that would entail. Broussard indicated that 3 or 4 mobile units at the
most would be parked there in the winter which is their slow time. He stated
that due to the sensitivity of the equipment they contain, they would be parked
inside. Employee parking would number no more than 15 cars at any one time.
Kochenburger asked what the loudest activity would be at the site, noting that
this site abuts a residential zone. Broussard responded that all of the work
is done inside and is not loud, but noted running their diesel truck for a
maximum of 30 minutes would be the extent of outside noise.
Padick noted that the Commission has been asked is to determine if this use is a
permitted use in a Planned Business 5 Zone. After discussion, Goodwin MOVED,
Holt seconded, that the proposed IMCORP use, as described in an October 21,
2009 letter from Mr. Bruce Broussard, is considered a professional office use
and, subject to compliance with all special permit submission requirements and
approval criteria, is considered a permitted use in the Planned Business-5
Zone. MOTION PASSED UNANIMOUSLY.
Old Business, Continued:
2. Site Modification Request, Chuck’s Margarita Grill,
Proposed Deck, 1498 Stafford Rd, File #303
Mike Gallagher, Chuck’s
Margarita Grill, submitted verification of neighborhood notification. He
reviewed items of neighbor concern, stating that he agrees to install an evergreen
border and fence, that music on the patio is not a serious consideration, and there
will not be a sit down bar on the patio. The deck will have low-voltage downward-directed
lighting, and there will be no increase in seating as per the DEP requirements.
Chairman Favretti noted that no final plans have been submitted to the Fire
Marshal, and that a letter has not yet been received from the D.E.P. regarding
the septic situation.
Barry Cyr, Condo Association, spoke against the plan expressing
concern for the noise, hours of operations, after hour employee noise, and the
increase in incidents following sports events.
Lisa Toulounjian spoke against the plan noting the problems that
currently occur and stated that adding the deck will only increase the noise.
Cliff Gottmann expressed concern for the amount of money the condo
association has spent as part of their contract to improve the water system
that includes the restaurant only to have the supply be inadequate due to the
increase in restaurant seating. He also stated that the noise seems to roll up
the hill and create a natural amphitheatre.
Taiping Ye concurred that the deck noise will be
magnified by being at the bottom of a “bowl”. He presently hears noise from
his home at Forest Road.
Sharon Bowen expressed concern that this will cause a decrease
in property values due to the noise pollution, parking problems and speeding on
Route 32.
Aaron Paterson spoke against the plan because of the extreme problems
with noise from the restaurant after hours, the increase noise that will result
from the addition of the deck, potential for light pollution, and increased
problem with parking. He fears economic loss and possible problems selling
their properties in the future.
Rebecca Boncoddo stated that she moved to this location because of its
tranquility and now it is too loud late at night. She fears it will be worse
with this proposal.
Peter Millman, of Covenant Realty Group, expressed that in his
professional opinion this proposal will be disastrous for condo owners who may be
unable to sell their condo in the future.
Hall questioned when Chuck’s was established (1972) and when the condominiums
were built (1989).
Pociask
requested a map that shows the proximity of the closest condos to the proposed
deck.
Kathleen
Paterson spoke against the proposal
stating that they purchased in Mansfield because they were committed to this
town, and noted that they anticipated a certain level of noise coming from
Chuck’s. She stated that she did not purchase knowing there would be a deck
put outside their windows. She fears the noise will force them to either move
and take a loss on their property or stay and have their quality of life
suffer. She suggested the Commission visit the site in the evening and take
into consideration their concerns.
Karen Gottmann emphasized the after hours parties in the parking lot and
the lack of management to control it, noting it there will be an increase in
partying by employees on a deck.
Noting no further questions or comments from the public, applicant or
Commission, the consensus of the Commission was to table this item and be
prepared to discuss it at the next meeting. Favretti asked that Padick provide
a plan that shows the site and the locations of the condominiums. Padick noted
that if the Commission determines that this proposal is a significant land use
change, the PZC can request the applicant file a Special Permit application instead
of a modification.
3. Special Permit Application, Proposed Conversion from
one to two family, 1620 Storrs Road, Y. Ghiaei o/a, File #1276-2 M.A.D.
12/23/09
Pociask disqualified himself.
Padick reviewed the provisions and determinations that the PZC must make. Holt
volunteered to work with staff to draft a motion.
4. Potential Re-Zoning of the “Industrial Park” zone on
Pleasant Valley Rd and Mansfield Ave.
Tabled -awaiting potential
comments from primary property owner.
New Business:
1. Request to Terminate
Hiking (public access rights on lot 23 of the Maplewoods Subdivision)
Files #974-2 and #974-3
Goodwin MOVED, Hall seconded, that
the Planning and Zoning Commission deny the request of Attorney Samuel Schrager
on behalf of Robert and Lucinda Weiss of Lot 23 Maxfelix Drive, to eliminate
the hiking trail. MOTION PASSED UNANIMOUSLY.
2. 2010 Meeting Schedule:
Goodwin MOVED, Hall seconded, that
the Planning & Zoning Commission approve the 2010 meeting schedules for the
Planning and Zoning Commission and Inland Wetlands Agency. MOTION PASSED
UNANIMOUSLY.
3. Request of Paideia for
release of bonds:
Tabled-referred to staff.
Reports of Officers
and Committees:
Chairman Favretti expressed thanks
on behalf of the entire Planning and Zoning Commission and Inland Wetlands
Agency to Betty Gardner, Peter Kochenburger and Larry Lombard for their
contributions and volunteering their time and wished them all well.
Kay Holt reported that UConn officials requested that the Depot Campus be
included in the WINCOG Development Area but were denied by WINCOG’s Regional
Planning Commission.
Communications and Bills:
Special attention was called to the
next Conservation Commission Meeting on 11-18-09 where UConn representatives
will be present to discuss the drainage issues re. Eagleville Brook as stated
in “The Memorandum of Understanding Between the Department of Environmental
Protection and the University of Connecticut” (dated 9/24/09). The meeting will
be held in Conference Room B, at 7:30 p.m.
Adjournment:
Favretti declared the meeting
adjourned at 9:25 p.m.
Respectfully submitted,
Katherine K. Holt, Secretary