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					                                   Town of Essex, CT
                                  Zoning Commission

                                         Minutes

                             Monday, December 21, 2009

                                   PUBLIC HEARING

The Essex Zoning Commission conducted one public hearing in Room A of the Essex
Town Hall, Essex, Connecticut on Monday, December 21, 2009. Present were regular
members Alvin Wolfgram; Jeffrey Woods; Larry Shipman; Hope Proctor; Susan Uihlein;
alternates Lillian Mosa; James Hill: and, alternate William Reichenbach. Also present were
Zoning Enforcement Agent (ZEA) Marian Staye, Attorney Peter Sipples, and Recording
Secretary Dorothy Zeitelhack. There were approximately 35 people in the audience.

Chairman Wolfgram recognized Mr. Shipman as the commission’s newly appointed regular
member and welcomed Bill Reichenbach as the commission’s new alternate member.

Chairman Wolfgram announced to the audience that the Rite Aid application deliberations
would be conducted at the next regular meeting scheduled for January 25, 2010.

Application 09-11 – An application for special exception submitted by Snap Fitness
24/7, 2025 Coulton Road, Suite 110, Chanhassen, MN 55317, for property located at
125 Westbrook Road, Essex, CT. (Map 67 Lot 2-1) and located in a commercial zone.
The applicant is proposing a private member fitness club. This club would be
available to members 24-7 through an elaborate key-card and security system.

Chairman Wolfgram called the hearing to order at 7:00 pm.

Secretary Larry Shipman read the notice of public hearing into the record and noted that all
legal notices had been published in the Courant on September 9th and September 16th as
required by law.

Seated for the hearing were Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Proctor; Ms.
Uihlein.

Chairman Wolfgram invited the applicant to present.

Michelle Rossignol came forward and introduced herself. She explained that she was
representing Mr. Robert Miller who should have been there to present this application,
however had been detained because of a snow storm.

Chairman Wolfgram suggested Ms. Rossignol discuss the peak times that would be used
for occupancy use; water use; and sanitarian uses.

Ms. Rossignol began by saying that Snap Fitness was a franchise and would like to
become part of the Essex community. She said that Snap Fitness was generally classified
as a fitness studio and they offered members cardio and strength training, tanning and
personal training services. Snap Fitness did not offer group fitness.
Zoning Minutes
12/21/09

Ms.Rossignol explained that an average club with 400 memberships is typically staffed with
one staff employee approximately 30-35 hours per week. There are one or two personal
trainers at each club who generally work by appointment. For a club that has 400
memberships, which is their average number of memberships in similar markets, rarely will
there be more than 10-12 people in the club at any one time. Peak hours are Monday and
Tuesdays from 4-7 pm. Hours of operation are 24/7.

Based on a club with 400 memberships, they expect they will need between 5-8 parking
spaces except during peak periods when they may use as many as 10 spaces.

Ms. Rossignol showed the proposed signs that would be used on the exterior. She noted
that Snap Fitness could adhere to the sign restrictions mandated by the town. She also
provided a floor plan that showing how the space would be used.

Ms. Rossignol stated that Snap Fitness is a modern facility of compact stature, but is
loaded with state of the art exercise equipment without the overhead of a big box health
club. The club is available to members 24-7 through an elaborate key-card and security
system, making them safe and convenient. Their track record of success in other
communities had substantiated that people will forgo the expense of a full service health
club in favor of an affordable, convenient neighborhood alternative.

In conclusion, Ms. Rossignol said that Snap Fitness had few employees; uses state of the
art equipment; low impact on parking; and they have found a tremendous demand for this
type of facility.

ZEA Staye commented that the zoning office had received a copy of the two signs
dimensions 10 days prior to this hearing.

ZEA Staye explained that when Essex Plaza was constructed around 1985 under the old
parking regulations that did not differentiate between uses such as retail and pharmacy or
grocery stores. All retail uses required one space per 600 square feet plus spaces for
employees. Consequently, 128 spaces were required, and 147 spaces, including six
handicapped spaces, were installed according to the 1986 As-Built plan.

For Essex Paint, 9-10 spaces would have been required (7 spaces per the formula and 2-3
employees). Under the Town’s new regulations, 16 spaces would be required for retail.
However, under Section 110F.34 (Recreational Facilities not otherwise specified), one car
space per each three legal occupants is required. Based upon three employees and 12
occupants, seven spaces would be required. However, the Fire Marshal was asked to
provide the legal occupancy of the space to determine the final parking requirement.

A memo from the Fire Marshal dated December 17, 2009 was read into the record. It
stated that “the maximum allowable number of people is based on NFPA 101 Table 7.3.1.2
for exercise rooms with equipment, is 1 person per 50 square feet. This would equate to a
maximum of 86 people. If the present layout of equipment is adhered to however, it
appears that 55 people would be a full house.”

ZEA Staye had not received Health Department approval as yet.

Ms. Proctor said that the plan was showing two bathrooms. Were there going to be any
laundry or shower facilities. Ms. Rossignol replied no.


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Zoning Minutes
12/21/09

The question was asked how many employees would there be at one time in the facility
and was someone going to be at the desk all the time. Ms. Rossignol said she would have
to get back to the commission with the answer to those questions.

Mr. Shipman asked about the lighting in the plaza parking area and asked if the lights
would be lit all night. The owner of Bokum Plaza, Matt Prosner, responded that the lights
would not be lit all night, but there would be a sensor light in the front of the store. Mr.
Wolfgram asked that the applicant show the wattage that would be used and how many
parking spaces would be lit up. He also requested information regarding whether there
would be security cameras and who would be monitoring them.

When addressing the water usage to be involved, the owner of Bokum Plaza stated that he
had recently spoken with the Health Department and was told that they were fairly
confident that it would be approved. The Health Department was just waiting for State
approval. He said he had the water numbers and Mr. Wolfgram asked that he provide
those numbers to the Health and Building Departments.

The applicant was also asked if they had a ratio of the typical number of customers to the
number of machines. The commission needs to determine a reasonable number of people
who will use the facility on a regular basis in order to decide what is a reasonable number
of parking spaces that should be required. The Westbrook YMCA and/or the fitness club in
Old Saybrook may also have information about this.

Chairman Wolfgram opened the floor to questions of fact from the audience

Judy Lovelace asked when the regulations were written. ZEA Staye responded they were
written in the 70’s.

Chairman Wolfgram asked if anyone wished to speak in favor or opposition to this
application. No one spoke.

Ms. Proctor made a motion to continue the public hearing until January 25, 2010, on
Application 09-11, an application for special exception submitted by Snap Fitness 24/7.
Mr. Shipman seconded the motion and it was unanimously approved. Voting to approve
were: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein; and Ms. Proctor. (5-0)


                                   REGULAR MEETING
NEW BUSINESS

Ms. Uihlein made a motion to continue until January 25, 2010, the discussion and possible
vote on:

    1. Application 09-5a, an application submitted by Acquisition Holdings LLC to
       construct a Rite Aid Pharmacy;
    2. Application 09-5b, an application submitted by Acquisition Holdings LLC for
       earth removal;
    3. Application 09-9, an application submitted by Acquisition Holdings LLC for the
       Essex Veterinarian Clinic for an amendment to their special exception for
       property located at 114 Westbrook Road, Essex, CT for changes in the site plan;
       and,

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Zoning Minutes
12/21/09

    4. Application 09-10, an application submitted by Acquisition Holdings LLC for the
       Essex Paddle and Tennis Club for property located at 112 Westbrook Road,
       Essex, CT, for an amendment to their special exception for changes in their site
       plan.

Ms. Proctor seconded the motion and it was unanimously approved. Voting in favor was:
Mr. Wolfgram; Mr. Woods; Ms. Uihlein; and, Ms. Proctor. So voted. (4-0)

OLD BUSINESS

No old business was discussed.

VISITORS AND GUESTS

There were no visitors or guests who wished to speak.

RECEIPT OF NEW APPLICATIONS/PETITIONS

Application 09-12 – An application for an amendment to a previously approved
special exception submitted by Calamari Recycling Co., Inc. for a time extension to
construct a construction waste recycling facility.

Ms. Proctor made a motion to receive Application 09-12, an application for an amendment
to a previously approved special exception, and to grant the waiver requests as submitted
by Calamari Recycling Co., Inc. with the hearing scheduled to be heard on February 22,
2010.

Mr. Shipman seconded the motion and it was unanimously approved. Voting in favor was:
Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein; and, Ms. Proctor. So voted. (5-0)

Prior to receiving Application 09-13, alternate Lillian Mosa recused herself from any
discussion or vote on this matter because of a possible conflict of interest.

Application 09-13 – An application for special exception submitted by the Town of
Essex Park & Recreation Commission for a basketball court to be located at 11
Saybrook Road, Essex, CT.

Mr. Shipman made a motion to receive Application 09-13, an application for special
exception, and to accept all waivers as submitted by the Town of Essex Park &
Recreation Commission for a basketball court, with the hearing scheduled to be heard on
February 22, 2010.

Chairman Wolfgram asked that the applicant provide letters of confirmation from the
Town’s liability insurance carrier and the Connecticut Light and Power Co. that there are no
safety issues related to locating a public basketball court next to an electric power
substation.

In addition, the Town’s attorney should review the fire department’s lease for the property
and whether the fire department has a first right of refusal for uses on the property. Also,
any ADA accessibility notes and/or details should be provided on the site plan.



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Zoning Minutes
12/21/09

Ms. Proctor seconded the motion and it was unanimously approved. Voting to approve
was: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Proctor; and Ms. Uihlein. So voted. (5-0)

REPORT FROM LEGAL COUNSEL AND ZONING ENFORCEMENT AGENT

Attorney Sipples had no new information to report this month.

ZEA Staye reported on two cease and desists orders that she had the State Marshal serve
on this date.

OTHER BUSINESS

Election of Officers

Chairman Wolfgram moved to seat alternate Lillian Mosa to conduct the meeting through
the election of officers for the year 2010.

Ms. Uihlein made a motion to nominate Al Wolfgram for Chairman, seconded by Mr.
Woods. So voted. Voting in favor: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein;
and Ms. Proctor. (5-0)

Ms. Proctor made a motion, seconded by Mr. Shipman, to nominate Ms. Uihlein for Vice
Chairman. So voted. Voting in favor: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein;
and Ms. Proctor. (5-0)

Mr. Wolfgram made a motion, seconded by Ms. Uihlein, to nominate Mr. Shipman for
Secretary. So voted. Voting in favor: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein;
and Ms. Proctor. (5-0)

Zoning Commission slate of officers for 2010:
Chairman -   Alvin Wolfgram
Vice-Chair - Susan Uihlein
Secretary -  Larry Shipman

Mr. Wolfgram made a motion, seconded by Ms. Proctor, to nominate Mr. Shipman as the
Zoning Commission representative to the Wetlands Commission. So voted. Voting in favor:
Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein; and Ms. Proctor. (5-0)

Ms. Uihlein made a motion, seconded by Mr. Shipman, to nominate Ms. Proctor as the
Zoning Commission representative to the Architectural Design Review Subcommittee. So
voted. Voting in favor: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein; and Ms.
Proctor. (5-0)

Zoning Commission representatives to other commissions for 2010:

Appointment of Wetlands representative – Larry Shipman
Appointment of Architectural Design Review Subcommittee representative – Hope Proctor

The commission decided that discussion on the:
    Limited Industrial Zone Changes – Progress Discussion
    Signs Discussion


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Zoning Minutes
12/21/09

    Zoning Map Adoption
would be discussed at the March, 2010 regular meeting.

APPROVAL OF MINUTES

Ms. Uihlein made a motion, seconded by Ms. Proctor, to approve the minutes of November
23, 2009, as presented. So voted. Voting in favor: Mr. Wolfgram; Mr. Woods; Mr. Shipman;
Ms. Uihlein; and Ms. Proctor. (5-0)

Ms. Uihlein made a motion, seconded by Mr. Wolfgram, to approve the minutes of
November 30, 2009, as presented. So voted. Voting in favor: Mr. Wolfgram; Mr. Woods;
Mr. Shipman; Ms. Uihlein; and Ms. Proctor. (5-0)

CORRESPONDENCE AND PAYMENT OF BILLS

Ms. Uihlein made a motion, seconded by Mr. Shipman, subject to availability of funds,
approval of the zoning commission bills for payment. So voted. Voting in favor: Mr.
Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein; and Ms. Proctor. (5-0)

ADJOURNMENT

Ms. Uihlein made a motion, seconded by Mr. Woods, to adjourn at 8:15 p.m. So voted.
Voting in favor: Mr. Wolfgram; Mr. Woods; Mr. Shipman; Ms. Uihlein; and Ms. Proctor. (5-0)

Respectfully submitted,

Dorothy Zeitelhack
Recording Secretary




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