TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut (203)

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1 TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut (203) First land deed from the Indians April 12th 1659 MINUTES February 14, 2017 PUBLIC HEARINGS / REGULAR MEETING 7:30 P.M. SENIOR/COMMUNITY CENTER BUILDING MEMBERS PRESENT: Robert Clarke, Chairman Ted Tietz David Lampart John Quint, Vice Chairman Beverly Deickler, Secretary MEMBERS ABSENT: None ALTERNATES PRESENT: Thomas Amatruda ALTERNATES ABSENT: Robert F. Maciulewski Jack Well ALSO PRESENT: Town Planner MaryEllen Edwards, Dianne Swan, Kathy Doyle, Gary Nurnberger, Attorney Thomas Kaelin, members of the public and members of the Press. 1 a. CALL TO ORDER Chairman Clarke convened the meeting at 7:31 p.m. b. SEATING OF MEMBERS AND ALTERNATES/CONFLICT OF INTEREST Seated were Commissioners Clarke, Quint, Deickler, Tietz and Lampart. Reference was made to Section 8-11, Connecticut General Statutes, and Section 901 of the Woodbury Town Charter regarding Conflict of Interest. c. ELECTION OF OFFICERS The Chairman asked the Nominating Committee to nominate this year's officers for the Zoning Commission. Commissioner Tietz stated he was nominating Robert Clarke as Chairman, Jon Quint as Vice Chairman and Beverly Deickler as Secretary. The following Motion was then made. Commissioner Tietz moved and Commissioner Deickler seconded to nominate Commissioner Clarke as Chairman, Commissioner Quint as Vice Chairman and Commissioner Deickler as Secretary of the Zoning Commission. d. Continue Regular Meeting after Public Hearings. 2. PUBLIC HEARINGS a. 16-ZC-1617 / Scott (owner), Cetrone (tenant) / 726 Main Street South (Bldg. 6) / Special Permit to Open Nano Brew Pub / Map 102 / Lot 020. Ms. Dianne Swan of the JM Scott Associates addressed the Commission regarding a prospective new tenant. Several site maps were provided for the Commission and the audience to view. Ms. Swan introduced the tenant, Mr. Alan Cetrone, who will be occupying Building No. 6 which is where the New Morning Country Store was once located. The square footage of the building, the hours of operation to be Monday thru Thursday from 4:00 p.m. to February 14,

2 11:00 p.m., Friday and Saturday from 4:00 p.m. to 1:00 a.m. and Sunday from 11:00 a.m. to 11:00 p.m. and the exterior changes to the building were presented to the Commission. Ms. Swan further stated there would be five part-time employees for the Chat, Chew and Brew Pub which would offer specialty small batch brewed beer and pub food. The signage was discussed as well as if there was sufficient parking at the site were discussed. The Chairman asked why the Pomperaug Health Department sign off was not included with the application, Ms. Swan replied it was deferred to the State, whose sign off was of record and within the file. Mr. Cetrone addressed the audience and the Commission stating he was a Woodbury resident and happy to bring an opportunity to the town to enjoy specialty craft beer and for the business to function in cooperation with other businesses in Woodbury. He further stated this business would be a family friendly atmosphere which would provide the opportunity to bring locals and others to the Town of Woodbury. In describing his brewery, Mr. Cetrone discussed at length and indicated on site plans the recovery and disposal of waste and waste water through various holding tanks. These holding tanks would be pumped out quarterly and arrangements have been made in Naugatuck for disposal. Mr. Cetrone also noted this new business would not be a full restaurant; they would be serving prepared foods and pub foods such as pretzels, soups and hot dogs. It was also stated that takeout food would be allowed into the business. Seating for 62 people inside and seasonal seating for 10 people outside was also discussed by Mr. Cetrone and the Commission. Mr. Cetrone and the architect, Mr. Nurnberger using several site plans as reference, highlighted the exterior building changes such as painting, overheard doors, signage and a landscaping plan. The Commission, Mr. Nurnberger and Ms. Swan discussed the available parking spots. The Chairman read a letter from the Pomperaug River Watershed Coalition pertaining to water supply and waste water disposal. The Chairman read an from Mr. Neil Lustig of the Pomperaug Health District regarding the involvement of the State. The Chairman read a letter from Ms. Kim Hudak of the Water Permitting and Enforcement Division of the DEEP indicating the approval to haul ancillary waste water to the Naugatuck WPC facility. The Chairman read a letter from the Department of Public Health, DEEP regarding the sewage disposal plans which were found satisfactory and conditionally approved with stipulations. The Chairman then asked for any comments from the public. Mr. Matt Smith of 87 Sage Road stated he knew Mr. Cetrone as former members of the Lions Club. He felt the presentation was very thorough, well planned and he had no concerns. Ms. Susan Donato of 88 Great Hollow stated her support for the new unique business to the town. She felt it would add diversity and enhance the character of the town. Ms. Donato further stated she felt the applicants have a vested interest in the town as they live, shop and send their children to Woodbury schools. Andy Peklo of 29 Pomperaug Road stated he lived around the corner and this business was good for the neighborhood. Doug Schlicher of 2 Sherman Heights stated while he liked the idea of the business, his concern was regarding previous tenants and waste water issues. Debra Germain of Westwood Road welcomed the business. The Chairman then called for any questions from the Commission. Alternate Amatruda questioned Mr. Cetrone regarding the contents of the waste to be hauled away. Mr. Cetrone explained in detail the waste grains and the water saving techniques to be used at the business. February 14,

3 The following Motion was then made to close the Public Hearing. Commissioner Clarke moved and Commissioner Deickler seconded to close the Public Hearing regarding 16-ZC-1617 / Scott (owner), Cetrone (tenant) / 726 Main Street South (Bldg. 6) / Special Permit to Open Nano Brew Pub / Map 102 / Lot 020 b) 16-ZC-1618 / Town of Woodbury / Proposed Amendments to Zoning Regulations to Add Section 5.7 MRD Multiple Residence District. The Chairman opened the Public Hearing by reading a September 21, 2016 Staff memorandum by the former Town Planner into the record. This Memorandum discussed the criteria for a comprehensive plan to control development. The Chairman then read a January 24, 2017 letter from Attorney Thomas Kaelin, the Town Attorney which was in opposition to the proposed zoning amendment. Attorney Kaelin's letter stated the amendment was not consisted with the POCD and should not be adopted without the favorable vote from the Planning Commission. The Chairman then read a November 30, 2016 letter from the Naugatuck Valley Council of Governments Regional Planning Commission which complimented the Commission for its initiative. The Chairman then read a letter from the Northwest Council of Government which stated no conflicts with neighboring towns were found. The Chairman then read a February 6, 2017 letter from the Historic District Commission which stated the amendment to the Zoning regulations was inconsistent with Historic District goals and they were unanimously against it. The Chairman then read into record Section 3.4 of the Connecticut Land Use Law and Practice Book pertaining to the legal function of the Zoning Commission. The Chairman then read into record Section 4.4 regarding the relationship plan of conversation or master plan and how they differ. The Chairman then read into record Section 3.8 pertaining to the change in zone boundaries. The Chairman then read into the record CGS Section 8.3.a regarding the report of the Planning Commission. Attorney Kaelin then referred the Chairman to the Minutes of the Planning Commission which can be treated as a report. Commissioner Lampart then discussed the need for such an amendment to the Zoning Regulations came from the elderly and their need for affordable housing in town. Commission Quint also commented on the affordability of the town as new buyers cannot afford to come to town. Commissioner Deickler then read the June of 2015 letter from the Commission for the Elderly asking the Zoning Commission for other housing ideas. Commissioner Deickler further explained that developers and realtors were invited to speak to the Zoning Commission regarding the need to increase in density and the feasibility to build multi housing units. Commissioner Deickler also reminded the Commission and the audience that any zone change would need to go to a Public Hearing and the Planning Commission. The Chairman discussed the process of the application, the site plan, the buffers, the septic and parking and traffic would all have to comply with the Zoning Regulations. Commissioner Deickler discussed the need to provide housing for the elderly and new families in a manner which would be respectful of our rural town. The Chairman asked for comments from the public. Carl Rosa of 46 Rowley Road was in opposition of the amendment and stated a town referendum should be held on this matter. Cherie Dalton of 189 Saw Pit Hill Road expressed her concern for the impact to the infrastructure of the town, such as senior buses and a greater demand for the senior center. She also expressed her concerns to monitor the quota requirements if a state grant was implemented. Commissioner Deickler commented that under the Affordable Housing Act, if an application meets state regulations the Town has very little input, which was one reason for the amendment. Secondly, Commissioner Deickler replied as for any needed infrastructure, it would be considered when reviewing an application. Phyllis Kelleher of Quassapaug Road stated that if an area for the zone change was indicated rather than a floating zone it may receive more support. February 14,

4 Frank Davis of 29 Meadow Crest Drive stated that a floating zone would destroy the nature of the Town. He did agree that the town needs high density housing, however, a floating zone was not the way. Elvira Manduley of 87 Old Grassy Hill Road was in opposition to the floating zone change. Maureen Munson Betty of 1246 Main Street North was in opposition to the amendment to the zoning regulations and cited the Town of Bethlehem which does not have zoning. Greg O'Connor of Church Hill Road cited the amount of money to educate children within the district and expressed his opposition to the amendment to the zoning regulations. Bob Burke of Church Hill Road thanked the Commission for volunteering. He stated his opposition to the amendment to the zoning regulations. He further stated the floating zone was not in character of the town. Paul Betty of 1246 Main Street North questioned the acreage and bedrooms which the proposed amendment to the regulation would allow. Peggy Hemmingway introduced herself as Harold Cole's daughter and discussed a prior proposed development. She questioned the Commission to find an answer where zoning can control the project. Tim Drakeley of 15 Sherman Heights discussed the Historic District Commission's position and urged the Commission to find common ground with the public. Tom Kaelin, the Town Attorney discussed the multiple legal hurdles and problems with a floating zone and the possible ramifications. He encouraged the Commission to identify parcels where the high density housing zone would be located. He discussed the size of acreage a high density parcel, a cap for the acreage as well as a gross lot area. He also mentioned high density housing should be located off a high density road. Ruth Melchiori of 64 Mountain Road thanked Atty. Kaelin for the suggestion of isolating this district so it is not spread over the town. Mr. Matt Smith of 87 Sage Road stated he was for elderly housing however, encouraged the Commission to find a plan that works. The Chairman and Commission discussed holding the Public Hearing open and the following Motion was made. Chairman Clarke moved and Commissioner Tietz seconded to hold the Public Hearing open regarding 16-ZC / Town of Woodbury / Proposed Amendments to Zoning Regulations to Add Section 5.7 MRD Multiple Residence District Vote in favor. Motion Unanimously Approved. The Chairman then reviewed the nomination of the Zoning Commission officers and made the following Motion to elect the same. Commissioner Tietz moved and Commissioner Deickler seconded to elect Commissioner Clarke as Chairman, Commissioner Quint as Vice Chairman and Commissioner Deickler as Secretary of the Zoning Commission. February 14,

5 3) PENDING APPLICATIONS: a) 16-ZC-1617 / Scott (owner), Cetrone (tenant) / 726 Main Street South (Bldg. 6) / Special Permit to Open Nano Brew Pub / Map 102 / Lot 020 Commissioner Deickler and Commissioner Lampart agreed the applicants did a good job in their presentation. The Commission discussed the application and the following Motion was made. Commissioner Deickler moved and Commissioner Lampart seconded to have the Land Use staff issue a Special Permit to approve the application 16-ZC / Scott (owner), Cetrone (tenant) / 726 Main Street South (Bldg. 6) / Special Permit to Open Nano Brew Pub / Map 102 / Lot 020 subject to obtaining all required approvals of the Land Use Department which is necessary for operation. a) 16-ZC-1618 / Town of Woodbury / Proposed Amendments to Zoning Regulations to Add Section 5.7 MRD Multiple Residence District. The Commission will hold over the Public Hearing to the February 28, 2017 meeting. b) NEW APPLICATIONS: a) 17-ZC-1701 / O&G Industries, Inc. / Modification of Earth Materials Permit (To include excavation of rock within the 50' setback from a common property line & temporary relocation of portable processing equipment) / Map 088 / Lot 005. The Commission discussed the application and the scheduling. The following Motion was made. Chariman Clarke moved and Commissioner Deickler seconded to hold a Public Hearing February 28, 2017 to consider the application regarding 17-ZC-1701 / O&G Industries, Inc. / Modification of Earth Materials Permit (To include excavation of rock within the 50' setback from a common property line & temporary relocation of portable processing equipment) / Map 088 / Lot 005 b) 17-ZC-1702 / 48 North Forty Road LLC / Saw Pit Hill & 48 North Forty Rd. / Special Permit for Barrel Racing Events / Map 052/Lot 020L and Map 052/Lot 027. Commissioner Quint recused himself. The Chairman unseated Commission Quint and seated Alternate Amatruda. Ms. Melissa Santos addressed the Commission regarding private barrel racing events to be held on Fridays from 6:00 p.m. to 10:00 p.m. twice a month from May to October. She stated these events were not open to the public. Commissioner Tietz asked the number of horses to participate. Ms. Santos replied forty horses, however, the members haul together and car pool. She then submitted a map to the Commission to show enough space for parking. Ms. Santos also informed the Commission that she is experienced and ran similar races in Bethany for over 20 years. The Chairman then read an October 3, 2016 Memorandum from the Land Use office to the Zoning Commission indicating that barrel races may be a violation. The matter was referred to enforcement where Mr. Santos explained it was a private event and will obtain a special permit for an event. The Commission discussed several race track and equestrian regulations. The Commission scheduled a public hearing and made the following Motion. February 14,

6 Chairman Clarke moved and Commissioner Deickler seconded to hold a Public Hearing February 28, 2017 to consider the application regarding 17 -ZC / 48 North Forty Road LLC / Saw Pit Hill & 48 North Forty Rd. / Special Permit for Barrel Racing Events / Map 052/Lot 020L and Map 052/Lot 027 Vote in favor. Motion Unanimously Approved by Commissioner Clarke, Commissioner Deickler, Commissioner Tietz, Commissioner Lampart and Alternate Amatruda. Chairman Clarke unseated Alternate Amatrude and re-seated Commissioner Quint. The Chairman then reviewed the agenda and made the following Motion. Chairman Clarke moved and Commissioner Lampart seconded to allow Other Business 5b before 5a of the Agenda. Vote in favor. Motion Unanimously Approved 5) OTHER BUSINESS: b) Review of New Business / Scott (owner), Boskoff (tenant) / 428 Main Street South Pilgrim's Mall Unit 10 / Real Estate Office to "Shop Cathy B" Retail Clothing & Accessories / Map 103 / Lot 012 / Zone MSD Ms. Dianne Swan of JM Scott Associates addressed the Commission regarding a propsective tenant, Ms. Kathy Boskoff for Pilgrims Mall. Ms. Boskoff will be selling jewelry and there was no change in use, no employees and there would be no changes to the exterior building or lighting. Ms. Swan further advised the hours of the business were by appointment as well as Wed thru Saturday 10:30 a.m. to 4:30 p.m. with a sign, next to the front door. The Commission discussed the Health Department approval was within the file. The Commission discussed the matter and made the following Motion. Chairman Clarke moved and Commissioner Tietz seconded to have the Land Use Staff issue the appropriate documentation regarding Review of New Business / Scott (owner), Boskoff (tenant) / 428 Main Street South Pilgrim's Mall Unit 10 / Real Estate Office to "Shop Cathy B" Retail Clothing & Accessories / Map 103 / Lot 012 a) Discussion with Michael Devino Regarding Development of 120 So. Pomperaug Avenue Property (Map 102 / Lot 002, Zone MQ) Mr. Michael Devino addressed the Commission and provided a site plan preliminary map for discussion. Mr. Devino discussed the possible improvement on a 5 acre parcel of undeveloped land which would be improved by a market building. Commissioner Quint clarified the building to be built was a food store, Mr. Devino agreed. The size of the buildings, square footage and the lot size were discussed the by the Commission and Mr. Devino. Commissione Clarke suggested Mr. Devino make an application. 6) ENFORCEMENT REPORTS: None were discussed at this meeting. 7) UPDATES ON LAND USE BOARDS & COMMISSIONS: None were discussed at this meeting. 8) PRIVILEGE OF THE FLOOR Ms. Kathy Doyle of Washington Road asked the Chairman when the permit software could be expected. The Chairman mentioned Ms. Morgan should be making a presentation shortly. February 14,

7 9) CONSIDERATION OF MINUTES December 13, 2016 The Commission reviewed the Minutes of the December 13, 2016 meeting and the following Motion was made. Chairman Clarke moved and Commissioner Tietz seconded to accept the Minutes of December 13, 2016 meeting. 10) CORRESPONDENCE The Chairman read various correspondence from Tietz Jr. Trucking Co., Inc. 4th Quarter 2016 Reports for Parcels A, B & C; 0 & G Monthly Complaint logs for both Stiles & Park Road Quarries for the month of January; CFPZA Winter 2017 Quarterly Newsletter; CFPZA Annual Conference Invitation for March 23rd and CT Bar Association Land Use Law seminar being offered for March 25, ) ADJOURNMENT To adjourn the meeting at 11:13 p.m. Made by Chairman Clarke FILED SUBJECT TO APPROVAL Respectfully Submitted, 14.. Q. Lisa A. Schneider Zoning Commission Clerk Copies of documents and meeting audio are available at the Land Use Office RECEIVED ej-.. PL ND IN VVC.aaLT),.1 7,7..1, CT February 14,