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Minutes of Zoning Commission, 02/13/2013

AGENDA: Zoning Commission

RECEIVED 02/14/2013 1:09pm
Michele R. Grande – Redding Town Clerk

Minutes

Present:  Gerry Casiello, Chairman; Joe Ventricelli, Vice Chairman; Ben Gordon, Secretary;

Ted Ogonek, and alternates Amy Atamian and Gary Miyashiro

Also present:  R. Flanagan, CZEO

Chairman Casiello seated Amy Atamian in place of regular member Michael Hoffman. Commissioner Atamian was then seated and voting for the entire meeting.

Mr. Casiello called the meeting to order at 7:32 pm.

APPROVAL OF MINUTES

Staff noted that on the first page of the January 9th meeting minutes that the date for the New Pond Farm event listed should have been May 5, 2013 and not May 3, 2013.

Motion: move to approve the minutes of the Regular Meeting of January 9, 2013, as amended. Ventricelli, Ogonek.   Approved unanimously

Application #13-02Z –  Mark Twain Library, 439 Redding Road  – Map 29 & Lot 77 –   Discuss with the Commission a renewal of a Limited Duration Special Permit for the Annual Frog Frolic Fair to be held on May 4, 2013 at the Redding Community Center from 10:00 am through 4:00 PM.  In case of rain, the event will be held indoors.  Previously held on May 5, 2012.

Staff reported that there have been no issues with this event and that renewal is recommended.

Motion: move that the Redding Zoning Commission approve Application 13-02, a renewal of a Limited Duration Special Permit for the Mark Twain Library event on May 4, 2013.  Gordon, Ventricelli.  Approved unanimously.

Application #13-03Z – Redding Garden Club – Discuss with the Commission the renewal of a Limited Duration Special Permit for the Annual Plant Sale on the Town Green to be held on Saturday May 11, 2013 from 9:00 AM through 1:00 PM.  Previously held on May 12, 2012.

Staff reported that there have been no issues with this event and that renewal is recommended.

Motion: move that the Redding Zoning Commission approve Application 13-02, a renewal of a Limited Duration Special Permit for the Mark Twain Library event on May 4, 2013.  Atamian, Ventricelli.  Approved unanimously.

Application #13-04Z – Applicant/Owner:  Thira LLC,  New Canaan, CT – Map 42 & Lot 100 – Agent: Richard Jaccarino, 154 Sunset Hill Road Redding, CT – Discuss with the Commission a Land Management Plan (LMP) for 26 & 30 Goodsell Hill Road.  The LMP includes intensive clearing, removal of stumps and a planting plan for both building lots.

Staff reported to the commission that this application came to the board after the applicant had cleared two building lots with only a driveway permit in place.  It was explained to the applicant that either a permit to build a single family home can be issued for lot development or a LMP could be reviewed and possibly approved by the Zoning Commission.

Staff noted that the plan presented needed to be amended because it depicted woodchips being spread within the 100’ ft regulated Inland Wetland & Watercourses review area.  Only the Conservation Commission can issue permits for deposition of material in the regulated area.  The applicant stated that a revised map will be submitted to the Zoning Office.

Mr. Richard Jaccarino, Agent for Thira, LLC, was present for the applicant.  The LMP presented calls for the following:  Phase 1: Stump Lot A & B; Phase 2: Install 8’ to 10’ foot Blue and White Spruce trees.  Woodchips will be spread on both building lots in conjunction with the planting of the trees. The planting of the trees will take place by June 1, 2013.

Mr. Jaccarino also indicated that an application for a building permit for one of the lots will be submitted within the next month or so and that they have no intention on cutting down any other trees.  That plan will be vetted by the Town Engineer.

The following motion was put forth for consideration:

Whereas, the Redding Zoning Commission (the Commission) has received Application 13-04Z – from Thira, LLC of New Canaan, CT for a Land Management Plan for 26 & 30 Goodsell Hill Road (Assessor’s Map 6 – Lots 100 & 150 respectively).

Whereas, the Commission held a meeting, discussion and deliberations on Application 13-04Z during the regular meeting of February 13. 2013.

Whereas the Commission has reviewed all of the documents by the applicant and town staff as follows:

1)  Redding Zoning Commission Application Form for Site Plan, dated February 13, 2013, along with the following documents:

  1.  Letter of Intent – dated January 27, 2013
  2.  List of Abutting Property Owners

iii.  Map Depicting the subject properties on a subdivision map

(No date, title block or professional seal on maps).

2)  Letter from Robert M. Flanagan- CZEO, dated January 16, 2013, to Thira, LLC, requesting a Land Management Plan before any further site work is completed.

3)  Memo to Board of Selectman, Planning Department, Conservation Commission, Health Department, Redding Police Department and the Fire Marshal’s Office informing those town offices boards and commissions of Application 13-04Z and seeking comment on the same.

The following findings have been made by the Commission:

1)  The proposed Land Management Plan (LMP) is consistent with the purposes of these regulations and does not require a Public Hearing under Section 5.14.7.

2)  There will be no adverse impacts to the site or adjacent areas from the proposed Land Management Plan (LMP).

This Approval is subject to the following conditions:

1)  This Land Management Plan (LMP) requires that no earth moving or deposition of material occur within the 100’ foot Inland Wetland & Watercourses Regulated Review Area.  The site plan submitted must be amended to show no activity in this area and then re-submitted to the Zoning Enforcement Officer for review and approval.

2)  No burying of stumps is allowed.  If the stumps are removed, trip tickets for the stump removal must be sent to the Zoning Office to confirm proper disposal.

3)  No activity shall take place on site without written notification to the Zoning Enforcement Officer prior to the work commencing.

4)  A time line for this work activity to occur must be submitted and approved by the Zoning Enforcement Officer.  Trees are to be planted by June 1, 2013.

5)  The Land Management Plan (LMP) does not authorize grading or other manipulations to the site contours.

6)  E&S Controls (as shown on the map) must be fully implemented in the field prior to any further site disturbance, specifically protecting the wetland soils, as delineated on site.

7)  A tracking pad (50’ft minimum) needs to be placed in the field and maintained during the pendency of the project.

8)  No further tree clearing or cutting is allowed.

9)  Any deviation from the approved plans will require approval of the Commission after staff review and discussion with the Chairman.

10)  The Land Management Plan (LMP) shall not be construed as relieving the permittee of the obligations to obey all federal, state and local laws.

11)  Any transfer or assignment of this permit shall require approval of the Commission.

12)  The payment of any outstanding legal or engineering invoices must be paid in full prior to the permit being issued.

13)  The Land Management Plan (LMP) may be revoked if the permittee exceeds the conditions or limitations of this (LMP) or has secured the permit through deception or inaccurate information.

14)  If building permits for the construction of the single family homes are not issued by June 1, 2013, then the parcels will be graded, seeded and hayed.

Motion: move that the Redding Zoning Commission approve Application 13-04, a Land Management Plan for 26/30 Goodsell Hill Road, with the findings and conditions listed above.  Ogonek, Ventricelli.  Approved unanimously.

SEMINAR

Chairman Casiello and ZEO Flanagan attended an FOI seminar given by Thomas Hennick of CT FOIA.  The chair discussed the seminar and the issues that were presented.

Adjournment

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

The meeting adjourned at 8:35 pm

Respectfully submitted

Robert M. Flanagan – CZEO

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