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Minutes of Zoning Commission, 09/11/2013

AGENDA: Zoning Commission

RECEIVED 09/16/2013 4:35pm
Michele R. Grande – Redding Town Clerk

Minutes

REGULAR MEETING

Present: Gerry Casiello, Chair; Joseph Ventricelli, Vice Chairman, Mike Hoffman, Ted Ogonek, and alternates, Amy Atamian, Gary Miyashiro and Matthew Lecher
Also present: Robert M. Flanagan, CZEO and five members of the public.

Mrs. Atamian was seated for Mr. Gordon.
All other regular members were seated.

Mr. Casiello called the regular meeting to order at 8:02 pm.

APPROVAL OF MINUTES
Motion: move to accept the minutes of the Public Hearing of July 10, 2013 as submitted. Ventricelli, Atamian. Approved unanimously.

Motion: move to accept the minutes of the Regular Meeting of July 10, 2013 as submitted. Ventricelli, Atamian. Approved unanimously

Application #13-15Z – Applicant: Chris Hocker, 45 Picketts Ridge Road, Redding, CT. Deliberation on a proposed text amendment to the Redding Zoning Regulations Section 5.9.6 – Municipal Signs – to allow for the display of directional signs to business zones.

Commission members discussed the proposed change. Concern was expressed that the number of signs in Redding may increase and that was not desirable.

Motion: move that the Zoning Commission approve the proposed text amendment to the Redding Zoning Regulations Section 5.9.6-Municipal Signs-to allow for the display of directional sings to business zones, and that the Zoning Commission waive the application fee of $200. Atamian, Ventricelli. Approved unanimously.

Application #13-19Z – Redding Republican Town Committee – Pig Roast at the Redding Community Center – 37 Lonetown Road (Assessors Map 21 & Lot 42A) – Discuss with the Commission the renewal of a Limited Duration Special Permit for the Redding Republican Town Committee Pig Roast to be held on September 29, 2013 at the Redding Community Center – 37 Lonetown Road from 3:00pm to 7:00pm. Previously held on September 25, 2011.

Mr. Flanagan noted that there have been no issues in the past with this event.

Motion: move that the Zoning Commission approve Application #13-19Z for renewal of a Limited Duration Special Permit for the Redding Republican Town Committee Pig Roast to be held on September 20, 2013 at the Redding Community Center, 37 Lonetown Road from 3 pm to 7 pm. Ventricelli, Atamian. Approved unanimously.

Application #13-20Z – Owner: Redding Fire District #2 – 306 Umpawaug Road – Map 13 & Lot 26 – Applicant: John McCleary, 67 Picketts Ridge Road – Review, accept and schedule a Public Hearing on an application for a Limited Duration Special Permit for a 5K Road Race “The Great Turkey Escape,” to be held at the West Redding Fire Station – 306 Umpawaug Road on November 28, 2013, starting at 7:00am to 9:30am. A Public Hearing is required for this event.

Mr. Flanagan noted that Mr. McCleary managed the New Pond Farm ½ marathon in the Spring and did a fine job. Ms. Kimberly Swabsin, representing Mr. McCleary, stated that the planned event is a fund raiser for the Boy Scouts, Cub Scouts and the Landmark Preschool Educational Fund.

Motion: move that the Zoning Commission schedule a Public Hearing for Application #13-20Z on Wednesday October 9, 2013. Hoffman, Atamian. Approved unanimously.

DISCUSSION: Mark Twain Library – 439 Redding Road – Map 29 & Lot 77 – Discuss with the Commission Zoning Regulation Section 5.6.4 Location and Setbacks for Parking and Loading Facilities.

Mr. Stewart Lade, Attorney Colleen Joyce and Michael J. Lillis, P.E., of CCA, LLC, were present to seek a determination from the Commission on Section 5.6.4. This discussion is prompted by the desire of the Mark Twain Library to expand the parking area for the facility. Mr. Lillis presented to the Commission on behalf of the Library.

The Library property, located at 439 Redding Road, abuts Aquarion Class 1 watershed land to the south.

Discussion centered on the definition of dedicated open space and if the Aqaurion watershed land, which is permanently protected by a conservation easement, would be considered dedicated open space, and as such, could benefit from the provisions in Section 5.6.4 for a reduced parking setback. A determination was sought from the Commission by the Library on this issue.

The following documents were offered into the record:
1) Letter to Chairman Casiello, from Michael J. Lillis, P.E., of CCA, dated 8/20/13
2) Email from Mike Lillis to Robert Flanagan, dated 8/1/13
3) Page 66 of the Zoning Regulations (Z.R.) 5.6.4 – Location Setbacks
4) Pages 32 & 33 of the Z.R. 5.1.4 – Residential Buffer
5) Redding Subdivision Regulations – 4 pages
6) Redding Tax Assessor Information for Lot 29 & Map 77 – 3 pages
7) Connecticut Department of Agriculture – Description of Public Act 490 – 2 pages
8) Conservation and Public Recreation Easement and Agreement – 39 pages
9) Site Plan map by CCA, LLC, dated 6/25/13, revised 8/21/13
10) Email from Liz Camerino Schultz of Aqaurion Water to Robert Flanagan, dated 7/31/13 – 3 pages
11) Letter from Robert M Flanagan, MS, CZEO to John Hayes, dated August 29, 2013.
12) Letter from Robert M Flanagan, MS, CZEO to Jo-An Brooks, dated August 29, 2013.
13) Report from John Hayes to the Redding Zoning Commission, Chaiman Casiello and Robert M. Flanagan, detailing his opinion and observation with respect to the request for a determination on Section 5.6.4 of the Zoning Regulations.
Section 5.6.4 allows for a reduction in the 100’ foot parking facility setback (Section 5.1.4) of up to 75’ feet, when the parking facility is directly adjacent to a permanently dedicated open space parcel.

Mr. John Hayes provided a report intended to clarify the meaning of dedicated open space. He expressed concern about the potential runoff or pollution of the adjoining Saugatuck River but did say the he believed that the Commission “has discretion in this matter but should exercise great caution to insure that a full 100 feet of protective space, irrespective of ownership, is permanently preserved to attenuate any pollutant runoff from the new parking facility to the Saugatuck River.”

The commission agreed that the runoff issue would be addressed during a site plan review, but that the issue before the commission is to make a determination if 5.6. 4 could be applied in this particular instance to reduce the parking setback requirements. .

If the Commission decides that the Class 1 watershed land directly adjacent to the Library property is permanently dedicated open space, then the Library may submit a Site Plan Application for the proposed parking facilities and avail themselves of the provisions found in 5.6.4, which would allow an allotment of up to 75’ feet of the required 100’ foot setback in the R2 Zone.

If the Commission decides that the Class 1 watershed land directly adjacent to the Library property is not permanently dedicated open space, then the Library may seek a variance from the Redding Zoning Board of Appeals, for the encroachment into the 100’ foot side yard setback area, for the proposed parking facility.

Following a lengthy discussion, it was the consensus of the commission members that the Class 1 watershed parcel, directly adjacent to the Library property, can be considered a permanently dedicated open space parcel and that the provisions contained within Section 5.6.4, could be applied to a future Site Plan submission from the Library, for a relaxation of the parking facility setbacks, of up to 75’ feet.

Motion: move that the Zoning Commission agree that Aqaurion’s Class 1 Watershed land, directly adjacent to the Mark Twain Library, is permanently dedicated open space. Hoffman, Ventricelli. Approved unanimously.

DISCUSSION: Proposed Draft Demolition Delay Ordinance – Discuss with the Zoning Commission a proposed draft of a Demolition Delay Ordinance. Jo-An Brooks, Land Use Coordinator to present. (Planning Commission approved the draft on August 13, 2013.)
The Land Use Coordinator, Jo-An Brooks, could not be present for the meeting but she provided a written document on the matter. The change from 90 days to 180 days will allow sufficient time to review and possibly save historic buildings in Redding. The change includes the establishment of an Architectural Review Committee, composed of a member of the Planning Commission, a member of the Zoning Commission, and either 1 or 3 members of the public. The committee would have 21 days to determine is a historic property warrants further study and the 180 day delay. The Committee would work with the owner of the property to consider preserving historic elements and would allow the property to be documented and photographed before demolition occurs.

Dr. Stuart Reeve and Mr. Charlie Couch presented information on how the change would be beneficial to the Town of Redding.

Following a discussion, it was the consensus of the commission members that the Draft Demolition Delay Ordinance was a good idea and a positive referral should be sent to the Board of Selectmen.

Motion: move that the Zoning Commission send a positive referral of the Demolition Delay Ordinance to the Board of Selectmen. Ogonek, Ventricelli. Approved unanimously.

ADJOURNMENT
Motion: move to adjourn the meeting. Ventricelli, Ogonek. Approved unanimously.

The meeting adjourned at 9:19 pm

Respectfully submitted
Mary Maday, Recording Secretary

_______________________________________________________________________________

PUBLIC HEARING

Present: Gerry Casiello, Chair; Joseph Ventricelli, Vice Chairman, Mike Hoffman, Ted Ogonek, and alternates, Amy Atamian, Gary Miyashiro and Matthew Lecher
Also present: Robert M. Flanagan, CZEO and five members of the public.

Mrs. Atamian was seated for Mr. Gordon.
All other regular members were seated.

Mr. Casiello called the regular meeting to order at 8:02 pm.

APPROVAL OF MINUTES
Motion: move to accept the minutes of the Public Hearing of July 10, 2013 as submitted. Ventricelli, Atamian. Approved unanimously.

Motion: move to accept the minutes of the Regular Meeting of July 10, 2013 as submitted. Ventricelli, Atamian. Approved unanimously

Application #13-15Z – Applicant: Chris Hocker, 45 Picketts Ridge Road, Redding, CT. Deliberation on a proposed text amendment to the Redding Zoning Regulations Section 5.9.6 – Municipal Signs – to allow for the display of directional signs to business zones.

Commission members discussed the proposed change. Concern was expressed that the number of signs in Redding may increase and that was not desirable.

Motion: move that the Zoning Commission approve the proposed text amendment to the Redding Zoning Regulations Section 5.9.6-Municipal Signs-to allow for the display of directional sings to business zones, and that the Zoning Commission waive the application fee of $200. Atamian, Ventricelli. Approved unanimously.

Application #13-19Z – Redding Republican Town Committee – Pig Roast at the Redding Community Center – 37 Lonetown Road (Assessors Map 21 & Lot 42A) – Discuss with the Commission the renewal of a Limited Duration Special Permit for the Redding Republican Town Committee Pig Roast to be held on September 29, 2013 at the Redding Community Center – 37 Lonetown Road from 3:00pm to 7:00pm. Previously held on September 25, 2011.

Mr. Flanagan noted that there have been no issues in the past with this event.

Motion: move that the Zoning Commission approve Application #13-19Z for renewal of a Limited Duration Special Permit for the Redding Republican Town Committee Pig Roast to be held on September 20, 2013 at the Redding Community Center, 37 Lonetown Road from 3 pm to 7 pm. Ventricelli, Atamian. Approved unanimously.

Application #13-20Z – Owner: Redding Fire District #2 – 306 Umpawaug Road – Map 13 & Lot 26 – Applicant: John McCleary, 67 Picketts Ridge Road – Review, accept and schedule a Public Hearing on an application for a Limited Duration Special Permit for a 5K Road Race “The Great Turkey Escape,” to be held at the West Redding Fire Station – 306 Umpawaug Road on November 28, 2013, starting at 7:00am to 9:30am. A Public Hearing is required for this event.

Mr. Flanagan noted that Mr. McCleary managed the New Pond Farm ½ marathon in the Spring and did a fine job. Ms. Kimberly Swabsin, representing Mr. McCleary, stated that the planned event is a fund raiser for the Boy Scouts, Cub Scouts and the Landmark Preschool Educational Fund.

Motion: move that the Zoning Commission schedule a Public Hearing for Application #13-20Z on Wednesday October 9, 2013. Hoffman, Atamian. Approved unanimously.

DISCUSSION: Mark Twain Library – 439 Redding Road – Map 29 & Lot 77 – Discuss with the Commission Zoning Regulation Section 5.6.4 Location and Setbacks for Parking and Loading Facilities.

Mr. Stewart Lade, Attorney Colleen Joyce and Michael J. Lillis, P.E., of CCA, LLC, were present to seek a determination from the Commission on Section 5.6.4. This discussion is prompted by the desire of the Mark Twain Library to expand the parking area for the facility. Mr. Lillis presented to the Commission on behalf of the Library.

The Library property, located at 439 Redding Road, abuts Aquarion Class 1 watershed land to the south.

Discussion centered on the definition of dedicated open space and if the Aqaurion watershed land, which is permanently protected by a conservation easement, would be considered dedicated open space, and as such, could benefit from the provisions in Section 5.6.4 for a reduced parking setback. A determination was sought from the Commission by the Library on this issue.

The following documents were offered into the record:
1) Letter to Chairman Casiello, from Michael J. Lillis, P.E., of CCA, dated 8/20/13
2) Email from Mike Lillis to Robert Flanagan, dated 8/1/13
3) Page 66 of the Zoning Regulations (Z.R.) 5.6.4 – Location Setbacks
4) Pages 32 & 33 of the Z.R. 5.1.4 – Residential Buffer
5) Redding Subdivision Regulations – 4 pages
6) Redding Tax Assessor Information for Lot 29 & Map 77 – 3 pages
7) Connecticut Department of Agriculture – Description of Public Act 490 – 2 pages
8) Conservation and Public Recreation Easement and Agreement – 39 pages
9) Site Plan map by CCA, LLC, dated 6/25/13, revised 8/21/13
10) Email from Liz Camerino Schultz of Aqaurion Water to Robert Flanagan, dated 7/31/13 – 3 pages
11) Letter from Robert M Flanagan, MS, CZEO to John Hayes, dated August 29, 2013.
12) Letter from Robert M Flanagan, MS, CZEO to Jo-An Brooks, dated August 29, 2013.
13) Report from John Hayes to the Redding Zoning Commission, Chaiman Casiello and Robert M. Flanagan, detailing his opinion and observation with respect to the request for a determination on Section 5.6.4 of the Zoning Regulations.
Section 5.6.4 allows for a reduction in the 100’ foot parking facility setback (Section 5.1.4) of up to 75’ feet, when the parking facility is directly adjacent to a permanently dedicated open space parcel.

Mr. John Hayes provided a report intended to clarify the meaning of dedicated open space. He expressed concern about the potential runoff or pollution of the adjoining Saugatuck River but did say the he believed that the Commission “has discretion in this matter but should exercise great caution to insure that a full 100 feet of protective space, irrespective of ownership, is permanently preserved to attenuate any pollutant runoff from the new parking facility to the Saugatuck River.”

The commission agreed that the runoff issue would be addressed during a site plan review, but that the issue before the commission is to make a determination if 5.6. 4 could be applied in this particular instance to reduce the parking setback requirements. .

If the Commission decides that the Class 1 watershed land directly adjacent to the Library property is permanently dedicated open space, then the Library may submit a Site Plan Application for the proposed parking facilities and avail themselves of the provisions found in 5.6.4, which would allow an allotment of up to 75’ feet of the required 100’ foot setback in the R2 Zone.

If the Commission decides that the Class 1 watershed land directly adjacent to the Library property is not permanently dedicated open space, then the Library may seek a variance from the Redding Zoning Board of Appeals, for the encroachment into the 100’ foot side yard setback area, for the proposed parking facility.

Following a lengthy discussion, it was the consensus of the commission members that the Class 1 watershed parcel, directly adjacent to the Library property, can be considered a permanently dedicated open space parcel and that the provisions contained within Section 5.6.4, could be applied to a future Site Plan submission from the Library, for a relaxation of the parking facility setbacks, of up to 75’ feet.

Motion: move that the Zoning Commission agree that Aqaurion’s Class 1 Watershed land, directly adjacent to the Mark Twain Library, is permanently dedicated open space. Hoffman, Ventricelli. Approved unanimously.

DISCUSSION: Proposed Draft Demolition Delay Ordinance – Discuss with the Zoning Commission a proposed draft of a Demolition Delay Ordinance. Jo-An Brooks, Land Use Coordinator to present. (Planning Commission approved the draft on August 13, 2013.)
The Land Use Coordinator, Jo-An Brooks, could not be present for the meeting but she provided a written document on the matter. The change from 90 days to 180 days will allow sufficient time to review and possibly save historic buildings in Redding. The change includes the establishment of an Architectural Review Committee, composed of a member of the Planning Commission, a member of the Zoning Commission, and either 1 or 3 members of the public. The committee would have 21 days to determine is a historic property warrants further study and the 180 day delay. The Committee would work with the owner of the property to consider preserving historic elements and would allow the property to be documented and photographed before demolition occurs.

Dr. Stuart Reeve and Mr. Charlie Couch presented information on how the change would be beneficial to the Town of Redding.

Following a discussion, it was the consensus of the commission members that the Draft Demolition Delay Ordinance was a good idea and a positive referral should be sent to the Board of Selectmen.

Motion: move that the Zoning Commission send a positive referral of the Demolition Delay Ordinance to the Board of Selectmen. Ogonek, Ventricelli. Approved unanimously.

ADJOURNMENT
Motion: move to adjourn the meeting. Ventricelli, Ogonek. Approved unanimously.

The meeting adjourned at 9:19 pm

Respectfully submitted
Mary Maday, Recording Secretary