See Previous Agendas and Minutes
MINUTES
Regular Meeting, Monday, April 21, 2008
Council Chambers,
Members present: R. Favretti (Chairman),
B. Gardner, J. Goodwin, R. Hall, K. Holt,
P.
Kochenburger (7:06), P. Plante, B. Pociask, B. Ryan
Alternates present:
M. Beal, G. Lewis, L. Lombard (arrived 7:24 p.m.)
Chairman Favretti called
the meeting to order at 7:04 p.m.
Holt MOVED, Hall seconded,
to add to the agenda under New Business, an application for the deposition
of fill material at
Minutes:
4/7/08- Plante MOVED,
4/16/08 Field Trip - Holt
MOVED, Hall seconded, to approve the 4/16/08 minutes as written. Beal, Holt and Ryan in favor with all others
disqualified.
Old Business:
1.
New Subdivision Application, Windwood Acres, Baxter
Estates Section II, 6 lots off of Storrs Rd., Crossen., o/a File # 1229-2
Tabled, Public Hearing Scheduled for 5/5/08.
2.
11 lot
Subdivision Application, Wormwood Hill and Knowlton Hill Rds, Green o/a,
File #1269
Tabled,
Public Hearing Scheduled for 5/5/08.
3.
Zoning
Agent’s Report
A.
Enforcement Update-Item noted.
B.
Request to Modify Building Area Envelope,
Lot 2, Bennett Estates, 589 Ash Street, File #1253
Holt MOVED, Ryan seconded, that
the PZC approve the Building Area Envelope revision for Lot 2 (589 Ash Street)
in the Bennett Estates subdivision, as proposed in a 4/3/08 modification
request from Reynaldo Soto. The property
owner shall file a Notice of Building Area Envelope Revision upon the land
record. MOTION PASSED UNANIMOUSLY.
C.
4/10/08 Memo Re: Referrals from Office of Building and Housing Inspection-Item
noted.
D.
Request for Storage Shed Outside BAE,
Holt MOVED,
4.
EIE Process: UConn Hazardous Waste Storage Facility
Relocation Project
Favretti noted the report from the Director of Planning;
no comments were made.
New Business:
1.
Proposed 4/1/08 Revisions to Land Use Fee Schedule
Lewis asked if applicants would be notified prior
to staff hiring a consultant at their expense.
He expressed concern that some applicants may not want to incur the
additional cost and would rather have the opportunity to withdraw their
applications. Kochenburger explained that applicants are notified
and furthermore, the hiring of a consultant is rarely done and requires
the consensus of the Commission.
Kochenburger MOVED, Holt seconded, that the Planning and Zoning Commission recommend that
the Town Council approve the 4/1/08 draft revisions to
** PZC Meeting recessed
at 7:14 p.m. for the IWA Scheduled Special Meeting.
** PZC Meeting resumed
at 8:35p.m.
Scheduled Business:
Public
Hearing:
Resubdivision
application, 9 Proposed lots off of Dodd Road (Quiet Meadow), L. LaGuardia
o/a
File #1108-2
Favretti
opened the Public Hearing at 8:36 p.m. K. Holt disqualified herself. Members present were R. Favretti, B. Gardner, J. Goodwin, R. Hall, P. Kochenburger, B.
Pociask, P. Plante, B. Ryan, and alternates G. Lewis, L. Lombard, and M.
Beal. Favretti appointed Beal to
act in Holt’s place. Recording Secretary
Shea read the legal notice as it appeared in the Chronicle on 4/4/08 and
4/16/08, and listed the following communications received and distributed
to all members of the Agency: Undated comments from the Open Space Preservation
Committee's March 30th and April 5th meetings (distributed
this evening); a 4-17-08 memo from Grant Meitzler, Assistant Town Engineer;
a 4-17-08 memo from Jeff Polhemus, Chief Sanitarian, Eastern Highlands Health
District; a 4-15-08 memo from Gregory J. Padick, Director of Planning; a
4-2-08 memo from Sue Harrington, Chairman of the Parks Advisory Committee;
a 3-19-08 memo from Windham Water Works; and a 3-17-08 memo from Jeff Catlett,
Sanitarian, Eastern Highlands Health District.
The applicant agreed to have the testimony that was presented during
the IWA hearing made part of the PZC record.
Matthew Maynard, Project Engineer from Towne Engineering,
represented the applicant. He noted
the only new comments he would add to the information presented before the
Inland Wetlands Agency is that the lots average 2.5 acres and they meet
lot requirements of the subdivision regulations, and that this has been
designed to be an environmentally sound subdivision. He stated that Towne Engineering would like
time to review the memos from the staff and committees and asked that the
public hearing be kept open until the next meeting to allow adequate time
to revise the plans and get them to the staff for review.
Donald Aubrey, Towne Engineering, reviewed and reiterated
the key planning and zoning components that were previously discussed during
the Inland Wetland Agency public hearing.
Goodwin asked
John Alexapolus, Landscape Architect, to restate for the record that that
there will be no views from any portions of the Historic District into this
subdivision. Alexapolus responded
that there will be no significant view from the Historic District. She also questioned if there will be any deed
restrictions on the type of construction. Maynard responded that no restrictions
will be placed on the deed regarding type of construction.
Favretti
asked the applicant to state the percentage of open space being dedicated
in upland and lowland areas. Favretti
said it appeared that of the 50% of the parcel that is open space, 70% of
that open space is either in wetlands or in areas containing slopes over
20%. He also questioned if the applicant considered
proposing a cluster development, noting that the soils seem suitable for
this type of development.
Gardner asked
the applicant to address the comments in Padick's memo.
At this time Favretti opened the discussion to the public.
Meg Reich, 343 Bassetts Bridge Road, expressed concern
with portions of the proposed open space, stating that it is sited in areas
that are too steep and wet. She was
also concerned about the Town's liability if the dam in the conservation
area is breached and flooding occurs. She
asked the commission to inquire about the status of the dam from the D.E.P.
Peter Friedland, 17 Chaffeeville Road, stated he was
against this proposal, citing neighborhood impacts, visual impacts and traffic
concerns. He wondered if the proposed houses would be
architecturally consistent with the historic character of this area.
Noting no further
questions or comments from the public, Plante MOVED, Gardner seconded, to
continue the public hearing until 5/19/08.
MOTION PASSED UNANIMOUSLY with Holt disqualified.
Public Hearing Continuation:
PZC-Proposed revisions to the Zoning
Chairman Favretti opened the continued Public Hearing
at 9:00 p.m. Lombard disqualified
himself. Members present were R. Favretti, B. Gardner, J. Goodwin, R. Hall, K. Holt, P. Kochenburger,
B. Pociask, P. Plante, B. Ryan, and alternates G. Lewis, and M. Beal. Hall noted for the record that he listened to
the tapes of the last Public Hearing. Recording
Secretary Shea noted the following communications received and distributed
to Commission members since the last Public Hearing: a 4-17-08 memo from
Gregory J. Padick, Director of Planning; a 4-17-08 memo from Dennis O'Brien,
Town of Mansfield Attorney; undated comments from the Open Space Preservation
Committee's February 20 and March 19th meetings; undated comments from the Agricultural
Committee's March 12th meeting; and a supplemental page 4 to
the 4-17-08 Memo from Dennis O'Brien, Town of Mansfield Attorney (distributed
to all members this evening).
Favretti
opened the discussion to the public.
Kari
L. Olson, from the Law Firm Murtha
Cullina LLP, representing the Hussey family, spoke of her concern that Commissioner
Plante would be seated during this public hearing. She questioned whether Plante has a conflict
of interest because of a prior situation wherein he, as a real estate broker,
brought a client to show him a portion of the property (owned by her client).
Plante stated that he does not feel there is a conflict of interest, as
this incident occurred over 3 years ago and that he has had no financial
gain or any other gain from it. After
extensive discussion, members unanimously agreed that they trust Plante’s
judgment about his being seated and that there is no conflict of interest.
Olson stated that she is satisfied that now the record reflects that
the issue has been brought to the attention of the Commission and that Plante
has stated he feels no conflict is present.
Olson
noted that this morning she received all the communications referenced at
the beginning of the public hearing, adding that she is not prepared at
this time to comment, and would like to reserve the opportunity to do so
at the next public hearing. Olson did, however, discuss the following issues:
disagreement with Town Attorney O'Brien's interpretation of Section 8-2
of the Connecticut General Statues; the Special Permit conditions; Open
Space dedications; spot zoning; ambiguities in the designation of farmland,
location of farmland, permanent designation of farmland, and Section U.b
(lack of criteria for low traffic generator).
Olson
added that Mansfield’s Agricultural Committee and the Open Space Preservation
Committee both disagree with the PVCA and RAR-90 zone proposals.
Kochenburger asked that Olson submit a letter outlining her discussion.
Gardner questioned if the current zoning fits the Hussey's
future plans. Olson noted that at
this time the Husseys do not have any plans for the property.
Alexinia
Y. Baldwin, of 3 Charter Oak
Square, felt that the zone change would lower property values. She explained that she has spoken with the Director
of Planning by phone since the last Public Hearing and he clarified what
was said at the previous public hearing about protest petitions. He explained that the protest petition submitted
by the Hussey family was only applicable for the rezoning of the Hussey
property and not to the proposed rezoning along Mansfield City Road (PVRA
zone). He added that in order to
protest the proposed rezoning of that area, a protest petition must be signed
by 20% of the land-owners within 500 feet of the area to be rezoned.
Jean
Meddick, 7a Charter Oak Square,
would like to know the comments that were previously made by the Town staff,
such as school, police and fire officials and other experts, during an informational
session held by the PZC after the previous proposal was rejected.
Noting
no further comments or questions, Hall MOVED, Ryan seconded, to continue
the Public Hearing until 5/19/08. MOTION
PASSED UNANIMOUSLY.
Public Hearing Continuation:
Special Permit Application, Request to approve the use of off-site parking
to increase restaurant occupancy at the Thirsty Dog Pub, N. Eagleville Rd.,
File #930-7
Chairman
Favretti opened the continued Public Hearing at 9:32 p.m. Plante disqualified himself. Members present
were R. Favretti, B. Gardner, J.
Goodwin, R. Hall, K. Holt, P. Kochenburger, B. Pociask, B. Ryan, and alternates
G. Lewis, L. Lombard and M. Beal. Favretti
appointed Beal to act in Plante’s stead.
Recording Secretary Shea noted
the following communication received and distributed to Commission members
since the last Public Hearing; a 4-17-08 memo from Gregory J. Padick, Director
of Planning.
The
applicant submitted an updated set of plans, created by a State Licensed
Architect, which added the tables and revised all calculations, noting that
these plans meet state and local fire codes and state liquor control guidelines.
Graham Scelfo submitted return receipts and discussed the plans and the
maximum number of people allowed for each section of the facility.
Goodwin questioned the numbers on today's submitted plans,
since there is a large discrepancy from the previously submitted plans.
Ryan wondered when the pool table was removed, and is concerned
about patrons tripping over the 8-inch risers to the table area.
Gardner wondered if the servers will be able to get to the
patrons among the standees.
Pociask asked about the egress numbers for the doors and their
location.
Noting
no further comments or questions, Holt MOVED, Hall seconded, to continue
the Public Hearing until 5/5/08. MOTION
PASSED UNANIMOUSLY with Plante disqualified.
New Business Continued:
2.
Request to Present Roundabout Information
Favretti referred to Padick's memo noting this will
be on the agenda for a presentation on 5/5/08.
3.
8-24 Referral: Proposed 2008/09 Capital Improvement
Projects
Kochenburger MOVED, Holt seconded, that the PZC approve,
subject to the condition below, the proposed 2008-09 Capital Improvement
Program.
1.
Several items are
land use-regulated and may require PZC and/or IWA approvals before implementation.
The PZC respectfully requests that the departments involved with land use
projects coordinate plans with the Director of Planning and Inland Wetlands
Agent, and that the Commission/Agency be given adequate time to thoroughly
review and act upon final plans for all projects that require PZC or IWA
approval. MOTION PASSED UNANIMOUSLY.
4.
Special Permit Application, deposition of fill material,
66 Davis Road, L.M. Romeo, o/a, File #1270
Holt
MOVED, Gardner seconded, to receive the Special Permit application (File
#1270) submitted by L. Michael Romeo, for the deposit of the fill for landscaping
purposes, on property located at 66 Davis Road, owned by the applicant,
as shown on plans dated April 18, 2008 and as described in other application
submissions and to refer said application to the staff for review and comment,
and to set a Public Hearing for 5-5-08.
MOTION PASSED UNANIMOUSLY.
Reports of Officers
and Committees:
Items were noted. Favretti asked if staff can add page numbers
on the packet material to avoid confusion.
Communications and
Bills:
Items were noted.
Adjournment:
Favretti declared the meeting
adjourned at 10:09 p.m.
Respectfully submitted,
Katherine K. Holt, Secretary