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MIDDLEFIELD PLANNING & ZONING COMMISSION405 Main StreetMiddlefield, Connecticut 06455Minutes of the June 10, 2015 Regular MeetingChairman Bob Johnson called the meeting to order at 6:37 pm.Attendance:Members AlternatesXBoyle, KevinABrown, JayXCarlson, BrookeXWilson, ErinXJohnson, RobertXTyc, Peter OthersAWheeler, ScottXColegrove, GeoffACurtis, BrianAJohanson, AlanA=AbsentX=PresentErin Wilson was seated on the Commission for tonight’s meeting.Public CommentThere were no members of the public who wished to speak to the Commission.FD Welding, One Lorraine Terrace; Food Truck CartBob Johnson commented that this item was supposed to be on last month’s agenda, but was moved to tonight’s meeting due to miscommunication. Geoff Colegrove explained that he met with the applicant on Monday and discussed the previous application that had been submitted for the same site. Mr. Colegrove also put them in contact with Lee Vito, as this is for food preparation. Geoff Colegrove suggested to the applicant that they request a waiver from the special permit requirement as this use had been previously approved. Mr. Colegrove also explained that they would need a site plan. The applicant was present tonight for an informal discussion.Marvin Foreman was representing Wooden Spoke Barbecue and explained that a trailer and the building would be used in combination for the barbecue. Mr. Foreman had marked up the existing site plan and reviewed it with the Commission. Bob Johnson asked if they had an idea of hours of operation and he went on to read from a letter that was submitted. The applicant would be requesting a waiver from section 10.02b.2-1 special permit, 10.02b2.-2 because previous site plans have been filed and approved by this Commission. Mr. Johnson read from another letter that had been submitted, describing the actual operation. Business hours would be 11:00 am until 8:00 pm, seven days a week. Parking exists for 13 cars, including two handicapped stalls. They propose to add four picnic tables near the building.Bob Johnson asked the Commission if they were comfortable waiving the entire special permit process and stated that he thought the concept was pretty simple. The Commission generally felt comfortable waiving the special permit process, though it was explained that there would still be requirements. Geoff Colegrove did have a discussion with the applicant and they would be willing to make landscaping accommodations for the residential housing that is across the street. It was explained that the lease would be for at least one year and would operate for all 12 months. Kevin Boyle felt there will be a lot of requirements that will be put on this operation, including signage, lighting, a grease trap, the sanitarian’s permission and a dumpster. Mr. Boyle would like to personally look at the property as well as see a site plan.Mr. Foreman asked about requirements for signage and Geoff Colegrove explained that he could find that information in the regulations. Mr. Foreman also commented that he has made contact with Lee Vito and that the site is connected to the sewer. There is no grease trap at present. Mr. Foreman will also be discussing water supply with Lee Vito. Erin Wilson also asked if the Health Department would require a public bathroom.Bob Johnson explained that the applicant would need to meet with Geoff Colegrove to work out the details. The Commission would need to see the picnic tables on the drawing, exactly where the trailer would be located, lighting, etc. Kevin Boyle would also like to see a picture of the trailer. Mr. Johnson also stated that the Commission would require a letter of satisfaction from Lee Vito. There was also some discussion about parking requirements. The Commission would worry about the lighting with regard to the residential area across the street.Bob Johnson offered to put this on the agenda for the Commission’s special meeting on June 24 and if they are not ready, they can try again for July. Mr. Foreman would like to open some time this Summer.Erin Wilson asked Geoff Colegrove if he could draft a checklist for Mr. Foreman and Mr. Colegrove stated that he’d be happy to meet with them again, if they’d like. Brooke Carlson also asked if a checklist could be created and Mr. Colegrove agreed to do that. Mr. Foreman did show the Commission a few pictures of their operation during a fair.Brooke Carlson made a motion, seconded by Kevin Boyle, to suspend the special meeting at 7:05 pm. Motion carried unanimously.Brooke Carlson made a motion, seconded by Kevin Boyle, to open the public hearing at 7:06 pm. Motion carried unanimously.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *Public Hearing1.Middlefield Planning and Zoning Commission; to amend the existing section 10.02A.2.3 to revise number of copies to be submitted to fifteen (15) copies.Geoff Colegrove read the legal notice into the record. Bob Johnson reviewed that the current regulations call for six copies, which isn’t enough for the Commissioners and staff. All Commissioners seated for the regular meeting were seated for the Public Hearing.Mr. Johnson asked if anyone in the public wanted to address the Commission and there were no comments made. No Commissioners had any questions.Brooke Carlson made a motion, seconded by Erin Wilson, to close the public hearing. Motion carried unanimously.Brooke Carlson made a motion, seconded by Peter Tyc, to open the second public hearing at 7:10 pm. Motion carried unanimously.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *Public Hearing1.Middlefield Planning and Zoning Commission; to amend the existing sections 02.19, Definitions, and 09.03, Signs and Outdoor Advertising Structures, of the Middlefield Zoning Regulations.Bob Johnson explained that this has been in process for over a year now. Geoff Colegrove read the legal notice into the record.Geoff Colegrove reviewed the revisions that had been proposed. Mr. Colegrove explained that the primary intent of the amendment was to deal with special permit for outdoor recreation areas, which include Powder Ridge and the golf courses, dealing with size and location of signs. The regulations presently restrict the size of signage in the zones where these areas are located. Mr. Colegrove reviewed other changes that had been made to the regulations. Kevin Boyle explained that the Middlefield Lions Club is in charge of who is on the Welcome to Middlefield signs.Mr. Johnson asked if anyone in the public wanted to address the Commission and there were no comments made.Brooke Carlson made a motion, seconded by Kevin Boyle, to close the public hearing at 7:16 pm. Motion carried unanimously.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *Brooke Carlson made a motion, seconded by Kevin Boyle, to reconvene the regular meeting at 7:20 pm. Motion carried unanimously.Application for Special Permit: Newfield Donuts, LLC, 244 Meriden Road, MiddlefieldBob Johnson explained that engineers representing Dunkin Donuts are working with Lee Vito and the State of Connecticut. Bob Johnson suggested that the item be tabled tonight and moved to a public hearing at the special meeting on June 24, 2015. Geoff Colegrove reviewed the time line of this application. Bob Johnson suggested that Brian Curtis be present at the public hearing on June 24th and the Commission agreed. Mr. Johnson also commented that Attorney John Corona will provide the traffic report as soon as it comes in and will be provided to the Commission.Bob Johnson explained that the regulations state that an application has to be accepted at the next regular meeting after an application comes in, even if there is a special meeting before that time. This application had come in after business hours on the night of the April meeting and was therefore accepted at the Commission’s next regular meeting. Geoff Colegrove also commented that he sent a notification to the City of Middletown.Brooke Carlson made a motion, seconded by Peter Tyc, to hold a public hearing for the Newfield Donuts, LLC application on June 24, 2015 at 7:00 pm. Motion carried unanimously.Continued Informal Discussion; Route 66 and Harvest WoodsBob Johnson reminded the Commission that this discussion had begun at the last meeting. Attorney Mike Dowley was present and reviewed what was discussed at the last meeting. Middlefield’s Economic Development Commission had suggested that the developer pursue a residential development rather than a commercial development. They had also met with neighbors. Attorney Dowley attended the following EDC meeting and their resolution was forwarded to the Planning and Zoning Commission. They also voted to have a representative attend this meeting.Attorney Dowley commented that the Board of Finance had encouraged the EDC to get more active and work on the finances of the Town. Attorney Dowley had told Bill Warner, chairman of the EDC, about the commercial contract and Mr. Warner asked him to come before the EDC.Melissa Kowal, a member of the EDC, was present and explained that she had not been aware that Bill Warner had spoken with the applicant prior to them attending their meeting. Copies of the resolution were distributed to the Commission members. Ms. Kowal explained that the developer had had a discussion with the EDC and showed them plans for a box store and a fast food restaurant. At the EDC’s urging, the developer agreed to speak with the residents of Sylvan Ridge and Harvest Woods. Ms. Kowal explained that the resolution was a way for the EDC to pass this issue on to the P&Z Commission, but evidently did not get that resolution to the Commission before the last meeting.Ms. Kowal explained that Mr. Bysiewicz and his attorney had attended several meetings with the EDC and have answered all of their questions and helped to compile the information in the resolution. Ms. Kowal explained that they had also spoken with the Board of Finance, while they were at their meeting about a different issue.A Commissioner summarized that the EDC has, in fact, taken a stand and endorses the project and encourages the P&Z Commission to approve a zoning text amendment to allow this development. Melissa Kowal agreed that the EDC is recommending that P&Z consider it, but realizes that they do not have power to do anything. Ms. Kowal stated that, based on the feedback from the adjoining neighborhoods and the numbers for potential revenue, the EDC does prefer this development over a box store development.Peter Tyc asked why this project was commented on by the EDC when other projects on the same road were not. Ms. Kowal explained that nobody had talked to the EDC about the other projects. Mr. Tyc understood that the neighbors would, in fact, have something to say about the project, but reminded everyone that all people in town will be impacted by this project. Melissa Kowal apologized and explained that this is really the first project that came before the EDC since she has been on the board and that she is probably not the best qualified to be at the meeting.Bob Johnson thanked Ms. Kowal for coming. Ms. Kowal also stated that she feels the EDC is long overdue on having a joint meeting with Planning and Zoning. She believes that Mr. Warner put this in a resolution as that is what his experience has been in other towns. Mr. Johnson asked Ms. Kowal to stay for a bit after this agenda item as he has some comments for her Commission.Attorney Dowley summarized that in order to do what they would want to do, a text change would need to be drafted. His hope tonight was to find out if the Commission is amenable to that.Bob Johnson, speaking for himself and not the condition, felt that he needs to keep an open mind. His feeling is that the property owner can do whatever they want with their property. Mr. Johnson is personally not against exploring other options, but feels that it is up to the owner.Attorney Dowley explained that he would propose a text change and show the Commission and the neighbors a rendering of what the development would look like. Mr. Johnson explained that, in fact, that would be for the whole town as it would be a public hearing. Attorney Dowley felt he would want to work most closely with the neighbors as they would be most affected. Bob Johnson concluded that until an application is submitted and a public hearing is held, the Commission cannot really form an opinion. Attorney Dowley really just wanted to be sure the Commission knew what was really going on and not just hearing rumors throughout town. Other Commission members stated that they had an open mind about this project as well.Geoff Colegrove also commented that the Commission needs to take a look at the Plan of Conservation and Development as well because he doesn’t believe there is a provision for residential use.Attorney Dowley will be in contact with Geoff Colegrove as to their progress.Linda Bettencourt, the Town Clerk in Middletown, asked if it was normal procedure that the EDC submits a resolution when they are simply an advisory board. Bob Johnson explained that he would not speak to what the EDC does or doesn’t do, but did state that P&Z has never gotten input from EDC on anything prior to this though they have just recently regrouped. Ms. Bettencourt commented that, in her 22 years of experience, a resolution has always been done at a Common Council level (a legislative body), not between agencies of any sort. Ms. Bettencourt felt that it was odd that a resolution had been passed and Mr. Johnson explained that that would be a question for the chairman of EDC.Erin Wilson remarked that she felt that advisory boards do have an obligation to the community and a right to do this, though she wasn’t sure a resolution would be the right term. Ms. Wilson felt that the EDC should be heavily involved in any commercial/retail development in town and possibly some residential. Bob Johnson commented that any Board has the right to comment.Melissa Kowal commented that it was her understanding that the EDC had not even met for almost two years, so there is really no longstanding history.A neighbor from Harvest Woods asked for a definition of the POC. Geoff Colegrove explained that a consultant was hired to review the Plan of Conservation and Development and the Route 66 corridor was looked at. At the time, it was recommended that the zone be changed to Design Development District I and Design Development District II. This particular area is in Design Development District I which does allow automotive sales which is not allowed in the other district. The minimum size lot is one acre in Design Development District I, while the other is three acres. A public hearing was held and the regulations were approved at that time and have not been amended since.Erin Wilson asked if a mixed use development was considered. The neighbor stated that mixed use was not part of the discussion and, at the time, most of the neighbors had stated that they preferred apartments. However, now more people are saying that is not what they want.Bob Johnson encouraged the neighbors to get a copy of the zoning regulations for Design District II, where the property is located, from the Town Hall. Geoff Colegrove also commented that the regulations are on the website as well as the POCD.Erin Wilson recommended that the developer look at a mixed use development as well. Brooke Carlson would like to see more facts behind the numbers presented.Middlefield Planning and Zoning Commission; to amend existing section 10.02A.2.3 to revise number of copies to be submitted to fifteen (15) copiesBrooke Carlson made a motion, seconded by Erin Wilson, to amend the existing section 10.02A.2.3 to revise the number of copies to be submitted to fifteen (15), effective July 8, 2015. Motion carried unanimously.Middlefield Planning and Zoning Commission; to amend the existing sections 02.19, Definitions, and 09.03, Signs and Outdoor Advertising Structures, of the Middlefield Zoning RegulationsBrooke Carlson made a motion, seconded by Peter Tyc, to amend the existing sections 02.19, Definitions, and 09.03, Signs and Outdoor Advertising Structures, of Middlefield Zoning Regulations, effective July 8, 2015. Motion carried unanimously.Bob Johnson thanked Geoff Colegrove for his work on this.Report of Town PlannerGeoff Colegrove had a draft of the proposed changes to the I/N zone. Mr. Colegrove explained that he had tried to transfer information from the I/N zone to the other two zones. The yellow areas on the draft came from the floating zone and have not been discussed. Mr. Colegrove also went through and changed some setbacks, yard requirements and coverages.Geoff Colegrove also reported that he had attended a meeting at the COG with Jon Brayshaw and the Tax Assessor and a grant has been received to put together a 17-town map. All of the data has been sourced and the consultant is working on drawing up the map. There are some major discrepancies between what the Town maps show and this GIS-based map. Discussion followed and it was explained that it would be a nice tool for the Town to be able to offer.Geoff Colegrove also has a summary of the case with ZBA with regard to the definition of hardship that he can email to the Commission members. Mr. Colegrove explained that ZBA will probably not be granting many variances. There was discussion about building vertical not being a hardship and what will happen with that interpretation.Chairman’s ReportBob Johnson explained to Melissa Kowal from the EDC that he believed a joint meeting would be in order, but that the EDC should be the sponsor of that meeting. If members of Planning and Zoning would like to attend, they would then be free to go. Mr. Johnson would also like to see the EDC start doing what their charge is and questioned why they are not actively marketing the Hubbard Street property, reaching out to potential developers as well as promoting several buildings that are for sale in the Industrial Park. Bob Johnson will make sure Bill Warner is aware of the date for the public hearing on the I/N zone.The River COG meets on the first Monday of the month and Mr. Johnson has made only a couple of meetings. If anyone else would be able to attend these meetings, Bob Johnson would appreciate it.Approval of Past MinutesIt was decided to delay approving the minutes until the next meeting.MiscellaneousThere were no miscellaneous items.AdjournmentA motion was made by Brooke Carlson, seconded by Kevin Boyle, to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 8:24 pm.Respectfully submitted,Debi WazDebi WazAlwaz First ................
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