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MIDDLEFIELD PLANNING & ZONING COMMISSION

405 Main Street

Middlefield, Connecticut 06455

Minutes of the April 8, 2015 Regular Meeting

Chairman Bob Johnson called the meeting to order at 6:35 pm.

Attendance:

Members Alternates

| | | | |

|X |Boyle, Kevin |X |Brown, Jay |

| | | | |

|X |Carlson, Brooke |A |Wilson, Erin |

| | | | |

|X |Johnson, Robert | | |

| | | |

|X |Tyc, Peter |Others |

| | | | |

|X |Wheeler, Scott |X |Colegrove, Geoff |

| | | | |

| | |A |Curtis, Brian |

| | | | |

| | |X |Johanson, Alan |

A=Absent

X=Present

Public Comment

Bob Johnson asked if any members of the public were present for the public hearing tonight, but no one mentioned that they were. Public comment was left open for later discussion.

Report of the ZEO

Al Johanson reported that material has been taken away where it was a problem in the Industrial Park and will also be removed from town property. Mr. Johanson also gave them three months to file a site plan.

Mr. Johanson also sent a letter to Ed Barrett on Orchard Lane where a zoning permit was never filed for the upholstering operation. Bob Johnson mentioned that if Mr. Johanson were to get a statement from the new tenant and he felt that the operation was similar to the old use, that he would not have to come before the Commission. Mr. Johnson would not want to go through a whole new use for this. Geoff Colegrove commented that he does not require a motor vehicle license for the operation.

There was also a fence erected on Mohican Road without a permit and a cease and desist has been issued. Attorney Willis has drafted a proposal for Cozy Oil at 22 Lake Road and they are waiting to hear back.

Under the vehicle ordinance, 138 Ross Road had been stalled with the snow, but Mr. Johanson will have further conversation with the property owner. Some vehicles have already been removed. Scott Wheeler asked if Mr. Johanson felt his job was more difficult to perform since the Town has its lost law enforcement officers. Mr. Johanson stated that it hasn’t made a difference to him either way.

Bob Johnson asked again if anyone was present for the public hearing and one woman stated that she was. Mr. Johnson explained that the applicant has withdrawn their application and there is technically no public hearing.

Quality Improvements, LLC, 37 Industrial Park Access Road; Special Permit

John Corona, from Lang & Corona, was present and explained that his office has agreed to represent Quality Improvements which operates the site at 37 Industrial Park Access Road. IPA, LLC is the actual owner of the property and Mr. Corona’s office represents them as well.

Attorney Corona presented a letter notifying the Commission of withdrawal of the application and reviewed its contents. Attorney Corona explained that work is currently being done to investigate the wall that was constructed on the site. The company had contracted with an excavator to install a retaining wall and the wall was installed without permits. At this point, the owner has hired a structural engineer to examine the wall. The structural engineer has made a limited evaluation and has stated that there were not safety hazards with the wall and it is very low. He will do a more thorough investigation and an application for a building permit has been made.

Because the wall may have to be moved or altered in some way, the applicant did not feel it made sense to apply for a site plan review at this time. Attorney Corona also explained that the application could not be processed because the contracting establishment use is not allowed in the IPD-2 zone. He reviewed the existing uses in the zone. Attorney Corona explained that it is a problem for this application, but is also a problem for the majority of the sites at the Industrial Park because most of the companies are contracting establishments.

Attorney Corona explained that the Commission would need to look at the zoning regulations in order for Quality Improvements to reapply. He also asked the Commission to look at coverage requirements.

Attorney Corona went on to explain that the owners are aware that employees should not be parking on the road. Strictly speaking, parking is not prohibited but the employer has urged the employees to not park on the road.

Bob Johnson commented that he is glad to see that the wall is getting attention and that hopefully the issue will be resolved soon with the Building Inspector. Mr. Johnson also agreed with the letter in general regarding uses allowed in the Industrial Park. He suggested that the Commission ask Geoff Colegrove and Al Johanson to go through the uses listed by Attorney Corona and possibly compare those to other similar industrial parks. Mr. Johnson’s feeling is that the uses do need to change. Geoff Colegrove mentioned that broader uses may be needed and agreed to try to come up with a draft for the Commission’s next meeting.

Public Comment

Bob Johnson returned to the public comment section of the agenda at this point.

Renee Tellez, Industrial Park Access Road, had wanted to get clarification on what the special permit covered and understood the explanation that was given. Ms. Tellez was concerned about the parking on the road and also mentioned that she had gotten trash from the side of the road that is also on her property. She does not feel that the Town is concerned about safety at her property. Ms. Tellez asked the Commission to consider the 50 percent use and explained that equipment is everywhere at the location.

Bob Johnson explained that any regulation changes would require a public hearing and Ms. Tellez would be welcome to comment on anything that is proposed. Mr. Johnson was also going to have the Town Engineer review the structural engineer’s findings and ascertain if drainage or run-off plays a part in this. Mr. Johnson also stated that Attorney Corona was also here to gain information tonight and that he’s sure Attorney Corona would relay the information to the property owner.

Application for Accessory Apartment: Rosario Caccamo, 101 Peters Lane

An application has been received under section 10.02b.10, accessory apartments. There was also a brief plan submitted with the application. Bob Johnson reviewed that the application is for an accessory apartment within the existing house and does not entail any other structure.

Bob Johnson reviewed the regulation and felt that the bulk of the application would be that it would need to be signed off by the sanitarian and the ZEO. Mr. Johnson also commented that the house has just been built within the past year, but that a water test would have to be taken.

Mr. Johnson set the public hearing for 7:00 pm on Wednesday, May 13, 2015 and Mr. Colegrove explained signage and notification of abutting property owners, including property owners on Woodland Heights. Geoff Colegrove also proposed a checklist for the applicant for the public hearing. Mr. Johnson also suggested the applicant look up the regulation online or visit the Town Hall to get a copy.

Proposed Sign Regulation Change; Review of Draft Floating Zone

Geoff Colegrove stated that he had started with a prior draft of the sign regulations and made appropriate changes. He went on to review the revisions, additions and deletions made to the document. Mr. Colegrove proposed to delete the requirement to have a sign within 25 feet of a driveway and also discussed the size of signs as well as the size of lettering.

Brooke Carlson asked if there were regulations from other towns that the Commission could look at and Geoff Colegrove did state that he had researched other towns in preparing for this, but didn’t find any models to go from. Mr. Colegrove explained that he tried to make as minimal changes as possible, but giving flexibility.

Scott Wheeler asked if all of the Lyman Orchards’ signs fit within these new regulations, but Geoff Colegrove explained that agricultural signs are not included the regulations and no special permit is required. The golf courses do have special permits for outdoor recreation. Discussion continued about the fact that the Lyman Orchards’ sign is in the state right-of-way and Kevin Boyle felt that the Town should govern what happens in the right-of-way as well as the state DOT. Bob Johnson asked if the regulations satisfied the sign that exists and Geoff Colegrove felt that it did not, for outdoor recreation.

Geoff Colegrove also mentioned that no sign shall be higher than 10 feet though signs on buildings are not restricted by that. Discussion followed about the size of signs on the walls of buildings which are governed by another part of the regulations. Kevin Boyle referred the Commission to section 09.03.01.14 regarding sponsors listed on signs and discussion continued about what organizations currently have these types of signs. At present, the Middlefield Lions Club determines what sponsors go on the Welcome to Middlefield signs.

Geoff Colegrove will make the suggested changes and email a copy to the Commission members for review. Scott Wheeler did ask about political signs, but they are not governed by the regulations. Bob Johnson mentioned that this will be on the agenda for next month’s meeting.

Before moving on to the floating zone, Rosario Caccamo asked about the calculation of total living area in the house regarding the 33-1/3 percent limit for an accessory unit in a house. It was generally agreed that the total living area of the house would include the basement.

Bob Johnson then moved to the floating zone. Mr. Johnson explained that Middletown is actually in the process of creating a floating zone from Harbor Park toward the power house area. Mr. Johnson was going to try to stop in Middletown to get a copy of their proposed regulations which may include some language that Middlefield could be interested in.

Mr. Johnson summarized that the floating zone will serve pretty much one property and that the Commission should keep that in mind as they review the floating zone (the older buildings on West Street). Geoff Colegrove stated that Bill Warner had sent a draft of the floating zone to the Commission in August of 2014 and had revised in September of 2014. Mr. Colegrove will contact Bill Warner to be sure he has the latest version.

The Commission also reviewed that the floating zone will be applied only to the I/N zone, but that they could, in fact, have it apply to any zone. It was then generally agreed to hold a special meeting/workshop to discuss the floating zone on April 22, 2015 at 7:00 pm.

Town Planner’s Report, POCD

Geoff Colegrove reported that he has started work on section 3 of the POCD and will hopefully have that section done for the next meeting. He then summarized several sections that have been reviewed.

Mr. Colegrove also reported that Brian Curtis will go to the Ross Road site on Friday. They will be excavating the access road. Scott Wheeler asked if Kevin Boyle’s concern about the curbing material was brought up to the developer and Geoff Colegrove stated that he would ask Brian Curtis on Friday.

Chairman’s Report

Bob Johnson reported that, at 4:00 today, applications came in for P&Z, Wetlands and ZBA from Dunkin Donuts on Route 66 and he had plans available for the Commission members to review. Mr. Johnson made it clear to their attorney that the clock starts ticking when the application is received and they would need to get through wetlands and ZBA before this Commission could act on it. This application would be actually accepted at the next regular meeting in May, but Mr. Johnson will get clarification on this.

Mr. Johnson also reported that he has presented the P&Z budget to the Board of Finance with no increases over last year’s budget. He also mentioned that he’d like to meet with the First Selectman, along with Geoff Colegrove and Al Johanson, about the Monarca property in question. Mr. Monarca has expressed interest in purchasing the property.

Miscellaneous

Bob Johnson reported that the seminar that he and Brooke Carlson attended was very good.

Approval of Minutes

Scott Wheeler made a motion, seconded by Peter Tyc, to approve the minutes from the March 11, 2015 meeting and the workshop of March 19, 2015, as presented. Motion carried unanimously.

Adjournment

A motion was made by Scott Wheeler, seconded by Brooke Carlson, to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 8:27 pm.

Respectfully submitted,

Debi Waz

Debi Waz

Alwaz First

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