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PLANNING AND ZONING COMMISSION

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					                    PLANNING AND ZONING COMMISSION
                   MINUTES OF A PUBLIC HEARING & REGULAR MEETING
                                    APRIL 3, 2008

Members Present: Don Bascom (Chairman), Peter Clark, Bruce Tyler (Alternate), Bette Jenak,
Peter Clark, Alan Kenney, Ken Woodward (Alternate)

Members Absent: Ellen Roman

Staff: Deanna Rhodes

1. Call Meeting to Order

Chairman Don Bascom called the meeting to order at 7:30 p.m.

2. Introduction of Members and Seating of Alternates

Members introduced themselves. Ken Woodward was seated for Ellen Roman.

3. Accept Agenda

The following items were added/changed:

Item 5 - Continued to 5/1/08.
Item 6 - Continued to 5/15/08.
Item 7 - Postponed until 4/17/08.
Add a bullet under Item 9 Discuss and Consider the Following - Size of Freestanding Signs in B3
Zone and leave the bullet "Farmer's Market Bazaar and Cruise Nights" on the agenda that was
crossed off.
Add a bullet under Item 11 Staff Report - Other

MOTION by Mr. Clark, SECONDED by Mr. Kenney to accept the agenda as amended. VOTE
UNANIMOUS. MOTION CARRIED.

Please note that Mr. Woodward listened to the tapes from the 3/6/08 PZC Meeting.

CONTINUED PUBLIC HEARINGS and ACTION

4. Application #07-14: Michelle Drive. Property located on the eastern end of Michelle Drive,
adjacent to the Glastonbury town line and on the northeast corner of the intersection of
Thompson Hill Road and Isinglass Hill Road. Request for 2-Lot Resubdivision. Application of
Jeffrey Sarra. Property of Jeffrey Sarra, Roy Sarra, Philancy Comeau. Map 129 Lot 8 Zone RR.

    •   Chris Bell spoke and presented his revised plan to reflect comments of the Town
        Engineer and Town Sanitarian.
    •   They increased the size of open space to include the wetlands area.
    •   The location of the existing historic foundation was shown on the plans and will be part of
        the open space area.
    •   They moved the driveway further from the ledge area, which increased the footprint of the
        wetlands area.
    •   There will be some minor regrading, and they will increase the pipe size that will be under
        a portion of the driveway.
   •   They will be requesting 2 waivers. The first one is regarding improvement of an area of
       Michelle Drive located near the driveway. The other waiver is to include all the
       information on 1st sheet regarding the 100 foot plan.
   •   Mr. Bell stated that all other requirements from the Town Engineer and the Town
       Sanitarian have been met.
   •   The comments from Ms. Rhodes' letter dated 4/1/08 are not on the plan yet because of
       time constraints.
   •   Ms. Rhodes read the following into the record:
       - Middlesex Land Trust Letter received on 4/3/08 was read into the record.
       - Chris Sullivan's, from the Historical Society, information on Foundations was received
       on 4/2/08.
       - The State Archeologist wants to do additional investigation for one week sometime
       between May and June.
       - Waiver requests from Chris Bell dated 4/2/08.
       - Don Mitchell's letter dated 4/2/08. His concerns have been addressed.
       - Deanna's 4/1/08 letter has been addressed except items 6 and 7.
       - Geoff Jacobson's 3/31/08 letter.
       - Geoff Jacobson's 4/1/08 letter.
   •   Chris Bell said the signature block on Item #3 on the Site Development Plan still needs to
       be added. He will make sure it is included.
   •   The Commission members had several questions that Mr. Bell addressed (boundaries of
       open space, location of the property in regards to Route 17, guardrails on the driveway
       and grading).
   •   Ms. Rhodes stated that this application came in prior to the new zoning regulations being
       approved, so it's under the old regulations. The rear lot has a 75-foot setback; however,
       since the regulations have changed it's now 50 feet. Even though the application came in
       under the old regs. the new ones would apply to the building.
   •   Mr. Bell stated that the driveway will be 16 feet wide until it splits and then each driveway
       will be 10 feet wide.

Public Comment

   •   Roy Sarra, the applicant, asked that the Commission consider delaying their decision
       because he needs to discuss some personal issues with the co-owners of this property.
       Ms. Rhodes stated that the Commission has 65 days from the close of the public hearing
       to make their decision. The Commission decided that they do not have a problem with
       delaying their decision.

MOTION by Mr. Clark, SECONDED by Mr. Woodward to close the public hearing. VOTE
UNANIMOUS. MOTION CARRIED.

5. Application #07-24: Cornwall Street/Glastonbury Turnpike. Property located adjacent and
behind the Town of Portland Garage, 505 Glastonbury Turnpike. Request for Special Permit to
construct 3 soccer fields, including associated parking, lighting and site improvements.
Application of Oakwood Soccer Club Inc. Property of Concord Equity Group LLC and Oakwood
Sports Center of Glastonbury LLC. Map 76 Lot 13 Zone RI.

   •   Ms. Rhodes read a letter from the applicant dated 3/31/08 asking for a continuation until
       5/1/08.

MOTION by Mr. Woodward, SECONDED by Mr. Clark to continue the public hearing until 5/1/08
VOTE UNANIMOUS. MOTION CARRIED.

PUBLIC HEARINGS AND ACTION
6. Application #07-27: Glastonbury Turnpike. (Varni property is landlocked. Access to property is
proposed through Ansaldi entrance across from Isinglass Hill Road.) Special Permit request to
remove 562,000 cubic yards of earth materials and operate a temporary (3 weeks) screening
plant on site to process topsoil. Application of Portland S&G LLC. Properties of David and Walter
C. Varni, Map 119 Lot 2 and Ansaldi-Portland Corp. Map 119 Lot 3. Zone R25.

MOTION by Mr. Woodward, SECONDED by Mr. Clark to open the public. VOTE UNANIMOUS.
MOTION CARRIED.

    •   Ken Smith, Engineer, spoke for the applicant. The Ansaldi family has operated at this site
        for 30 years. Almost all of the materials have been removed from their current site, and
        they're looking for another site to excavate.
    •   Mr. Smith described the plan and the existing operation. The Ansaldi's will extend their
        present road to the site they are proposing to excavate. They're seeking approval for
        Phase 1 and 2.
    •   Mr. Smith showed the Commission the existing access road and where they will hook up
        with the new part of the access road. The site they are planning to excavate is landlocked
        and this would be the only possible way to get to the property. Mr. Smith described the
        only other way to access the property, which is through a farm road that ultimately ends
        in Glastonbury near an elementary school. He stated that there would be no way that the
        Town of Glastonbury would give their permission.
    •   Mr. Smith stated that he needs a wetlands permit. They will need an arched bridge to
        cross the stream. He hasn't responded to the memos yet, because he's waiting to hear
        from the Wetlands Commission, PZC and the neighbors.
    •   At this point the access road takes you through a meadow that's supposed to be
        preserved. Mr. Smith stated that he would redesign the access road plan to avoid the
        meadow. Mr. Bascom asked if the access road would be shifted at all during the
        excavation. Mr. Smith responded that this road would not be shifted. It's will be paved
        and curbing would be installed.
    •   The Commission asked how the stream would be protected from runoff. Mr. Smith
        described to the Commission his plan and how there should be no runoff into the stream.
    •   Mr. Smith also showed the Commission where the fields and woods are currently located.
        He estimates that there will be many years of excavating.
    •   Ms. Rhodes discussed the following:
        - John LaShane called from the Middlesex Land Trust regarding the right to pass that
        was verbally given from the Varni's.
        - Mr. LaShane wants to make sure there are no plans to excavate the "hill".
        - Staff needs a revised plan.
        - Ms. Rhodes asked Mr. Smith if they have to excavate the slope because of its
        steepness. They will begin excavating in the field and work there way down. Ms. Rhodes
        would like to see the slope protected.
    •   Ms. Rhodes put the following into the record:
        - Project Narrative.
        - Wendy Goodfriend's letter dated 3/20/08.
        - BSC Group's Wetlands report dated 2/13/08.
        - Geoff Jacobson's letter dated 3/19/08.
        - Drainage Calculations that were submitted on 2/12/08.
        - Ms. Rhodes letter dated 3/25/08.
        - The sign was posted in time. The permit is for 2 years.
    •   The applicant would like the public hearing continued to 5/15/08 so he can get his
        wetlands permit before the continuation of this application.
    •   Mr. Bascom asked for more details on the construction of the bridge. Mr. Smith provided
        the details to the Commission.

Public Comment
    •   None.

    •   Ms. Rhodes said there needs to be a driveway easement.

MOTION by Mr. Clark, SECONDED by Mr. Woodward to continue the public hearing on 5/15/08.
VOTE UNANIMOUS. MOTION CARRIED.

7. Application #07-28: 162 Main Street. Special Permit request for a second floor apartment
above first floor commercial use. Application and property of T&L LLC. Map 19 Lot 37 Zone B3
TCVD Overlay Zone.

    •   Ms. Rhodes read a letter from the Applicant dated 4/2/08 requesting that the meeting be
        postponed until 4/17/08.

MOTION by Mr. Woodward, SECONDED by Mr. Clark to postpone the public hearing on 4/17/08.
VOTE UNANIMOUS. MOTION CARRIED.

8. Application #07-26: Text Amendments to Zoning Regulation Section 6.1, Table 6.1, as follows:
Remove: including retail sale of products manufactured on site for the Permitted Use entitled
Manufacture and/or storage of alcohol, plastics, or chemicals; and add a superscript number 4
after the word chemicals; Remove: including retail sales of products manufactured on site of the
Permitted Use entitled Manufacture of cement products, bricks, tile and terra cotta; and add a
superscript number 4 after the word cotta; Add a superscript number 5 to the right of Site Plan
approval for both the Industrial (I) and Planned Industrial (IP) Zones for the Permitted Use entitled
Manufacture, processing, assembly or packaging of components or goods including the retail sale
of such components or goods on site; Add a superscript number 4 at the bottom of the Table
followed by: Including the retail sales of products manufactured on-site and the retail sales of
products manufactured off-site for which the on-site manufactured product is an integral
component; Add a superscript number 5 at the bottom of the Table followed by: The retail sales of
products manufactured off-site for which the on-site manufactured product is an integral
component is permitted only by Special Permit approval. Application of the Portland Planning and
Zoning Commission.

MOTION by Mr. Clark, SECONDED by Ms. Jenak to open the public. VOTE UNANIMOUS.
MOTION CARRIED.

    •   Chart of I Zone - Table of users was discussed. Allow for sale of products not produced
        on site but are related. This should be allowed by special permit because these products
        may have to be stored outside or may not appropriate for a particular property.
    •   Ms. Rhodes sent the referral to the Town Clerk and the Regional Planning Agency on
        2/12/08.
    •   A response was received from the Regional Planning Agency dated 3/5/08.
    •   A copy was sent to Rebecca Augar from the Ct. River Assembly. There was no response.
    •   A copy was also sent to the people on the Public Notice Registry.
    •   Ms. Rhodes stated that we're giving businesses more opportunity, but because of
        requiring a special permit it will need to be discussed with the Commission.

MOTION by Mr. Clark, SECONDED by Mr. Woodward to close the public. VOTE UNANIMOUS.
MOTION CARRIED.



MOTION by Mr. Woodward to approve application #07-26. Requested for Text Amendment to
Zoning Regulation Section 6.1 Table 6.1 as follows: Remove: including retail sales of products
manufactured on site for the Permitted Use entitled Manufacture and/or storage of alcohol,
plastics, or chemicals; and add a superscript number 4 after the word chemicals; Remove:
including retail sales of products manufactured on site for the Permitted Use entitled Manufacture
of cement products, bricks, tile and terra cotta; and add a superscript number 4 after the word
cotta; Add a superscript number 5 to the right of Site Plan approval for both the Industrial (I) and
Planned Industrial (IP) Zones for the Permitted use entitled Manufacture, processing assembly or
packaging of components or goods including the retail sale of such components or goods on site;
Add a superscript number 4 at the bottom of the Table followed by: Including the retail sale of
products manufactured on-site and the retail sales of products manufactured off-site for which the
on-site manufactured product is an integral component; Add a superscript number 5 at the bottom
of the Table followed by: The retail sales of products manufactured off-site for which the on-site
manufactured product is an integral component is permitted only by Special Permit approval.

Application of the Portland Planning and Zoning Commission.

Reasons: The proposed text amendment is consistent with goals outlined in Section 4 "Grow
Smart Economically" and provides additional uses in the Industrial zones.

SECONDED by Mr. Clark. VOTE UNANIMOUS. MOTION CARRIED.

9. Discuss and Consider the Following:

    •   Sale & distribution of petroleum products as a Special Permit use in IP Zone. Ms. Rhodes
        had a business ask about this that's located in the IP Zone. It's currently not allowed in
        the IP Zone but is allowed in the I Zone. There is quite a bit of land in the IP Zone and
        would it be something the Commission would allow in the IP Zone? IP was created as a
        "clean" industrial zone, but has changed to more of a traditional I Zone. There will be no
        bulk storage; this will not include gas stations. This is more of an oil distribution business.
        Ms. Rhodes showed the IP and I zones on the Zoning map. Mr. Tyler stated that we
        haven't resolved dividing this zone, so it's difficult to answer this question until they make
        a decision, which could take up to 6 months. This is when the Commission estimates that
        they will have the information to make this decision. Ms. Rhodes suggested it could work
        through a special permit. The Commission asked Ms. Rhodes to set up a schedule and a
        timeline for coming up with a decision for dividing this zone and she agreed.

    •   Zone Change from R10 to B2 zone, on the west side of Pickering Street and the east
        side of Perry Avenue. Mr. Tyler said these properties are currently bordered on 3 sides
        by Commercial development and on 1 side by Industrial development. Secondly, this is a
        site of potential development. And thirdly, there were some objections to changes of
        residential zone to business zone; however, this was on Freestone Ave. The people on
        Perry Ave. want to see what's going to happen first. Mr. Bascom feels it's a good idea to
        make the change so it's zoned appropriately. Ms. Rhodes will set up a public hearing for
        June.
    •   Farmer's Market Bazaar and Cruise Nights - The EDC wants to work with a business in
        town to have them do Cruise Nights and Farmer's Markets on their property instead of
        the Town's land, which is located in the center of Town. Ms. Rhodes spoke with Ms.
        D'Aquila and said that a special permit will be needed on land that is not owned by the
        Town, because the EDC is not necessarily a non-profit. This will be considered an
        accessory use. Mr. Bascom expressed concerns that businesses will use the non-profit
        excuse to actually make a profit. He feels the accessory use section should be tightened
        up. Ms. Rhodes suggested if they want to limit accessory uses that the Commission list
        what they do not want to see as an accessory use. Commission decided in the Use Table
        that this should be an accessory use by special permit in the Commercial zone.
    •   Size of Freestanding signs in the B3 Zone - Ms. Rhodes informed the Commission that
        there is a typo in the regulations on page 8-18. On the table, section B3 (freestanding
        signs) there's a superscript 2 that should not be there. Ms. Rhodes will fix this. In the
        meantime, there's a business that will come in with a sign over 16 square feet because
        the existing regs. aren't correct. The Commission asked Ms. Rhodes to tell the applicant
        that the maximum is 16 square feet (the Commission interpreted their own regulations).

10. Election of Officers/Bylaws Re: Elections

    •   We haven't held elections yet because there haven't been 5 voting members present to
        do it. Mr. Tyler would like to see alternates have the opportunity to elect officers and
        bylaws. He suggests omitting the word "voting". Ms. D'Aquila said we could potentially
        seat an alternate to vote. Mr. Bascom would like legal clarification on changing the
        bylaws. Ms. Rhodes will put this on the next agenda because we can't hold elections
        tonight anyway. Bylaws need 4 members present, but elections need 5 members present
        at this point.

11. Staff Report

    •   Informal notes from cancelled POCD discussion 3/10/08. Ms. Rhodes informed the
        Commission that there was a typo on the date. It should be 3/10/08.
    •   Representatives to: Midstate Regional Planning Agency, Ct. River Assembly - None.
    •   Public Notice Registry - No one new.
    •   Enforcement/Administrative Update - They're still working on 76 Penfield Hill Road
        (abandoned car). One Prospect Street (construction without a permit). 20 Penfield Hill
        Road (abandoned car). They're doing an enforcement on Airline Ave (There's someone
        living in a camper). There's another property on Marlboro Street with someone living in a
        camper.
    •   Village District Design Consultant Update and Reviews - No new reviews since they last
        met. Therapeutic message center needs a sign. Athens Pizza was sold and will need a
        new sign "Portland Pizza House". Application #07-28 was continued because of concerns
        the Fire Marshall has.
    •   Other - The legislature is considering 2 bills. One is about conservation developments
        (they would be asking town to adopt conservation development zones which would
        promote conservation subdivisions. Most planners are unhappy with this because most
        towns already have conservation regulations). The second bill is an act concerning
        zoning enforcement.
    •   Mike Woronoff will become the new alternate on the PZC.

12. Approval of Minutes - 3/6/08

Page 239 - Delete Peter Clark's name as being absent. He was present at this meeting.

MOTION by Mr. Peter, SECONDED by Mr. Bascom to accept the minutes as amended. VOTE
UNANIMOUS. MOTION CARRIED.

13. Adjourn

MOTION by Mr. Woodward, SECONDED by Mr. Clark to adjourn the meeting at 9:26 p.m. VOTE
UNANIMOUS. MOTION CARRIED.

Respectfully Submitted, Debra D. Pozzetti, Board Clerk

				
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