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Planning and Zoning
MINUTES of RECENT MEETING:
MINUTES
PLANNING & ZONING COMMISION
THURSDAY, MARCH 04, 2010
REGULAR MEETING & PUBLIC HEARING
- 7:30 P.M.
SENIOR CENTER, 11 CHERRY HILL ROAD
Present: Chairman E. McGuigan, S. Duhamel,
D. Perkins, C. Andres, M. Laudano.
Not
Present: P. Fischer,
J. Lust, J. Vaiuso,
Staff: Town Planner — Shirley Rasmussen, Town Engineer — Janice Plaziak, Assistant Town Planner Richard Stoecker.
WHEREAS, in the matter of the Subdivision
application of James and Jennifer Walker for property located at 39 Prospect Hill Road, the Commission considered the following:
1.
A three-sheet
plan set, prepared by Criscuolo Engineering, LLC, entitled "Re-subdivision of
Lot 1 Property Currently Known as 39 Prospect Hill Road, Branford,
Connecticut," which includes Sheet 1: "Record Re-subdivision Map" (revised to
11/9/09); Sheet 2: "Onsite Wastewater Disposal Plan" (revised to 11/9/09); and
Sheet 3: "Wastewater Details, Erosion and Sediment Control Notes and Details"
(revised to 9/24/09);
2.
Comments and
documents submitted at
a duly noticed public hearing on 1/7/10;
3.
Observations
made during site visits, staff reviews, discussions and reports;
WHEREAS, having considered submitted
documents concerning a variance for elimination of the frontage requirements
granted on July 13, 1976, the Commission finds that the variance application
states that the "Applicants propose to divide said premises into three parcels
as shown on said map, parcels 1 and 2 for residence purposes and parcel 3 to be
conveyed to the Nature Conservancy for eventual transfer to the Branford Land
Trust," and
WHEREAS, the Commission finds that the
proposed re-subdivision would constitute a division of property in excess of
what was requested, and approved by the ZBA, in 1976;
NOW
THEREFORE BE IT RESOLVED that Application # 09-12.1 be denied for the following reason:
The proposed new lot lacks frontage on a town road required
by Section 25, Schedule B, Line 4 of the Branford Zoning Regulations.
S. Duhamel made a motion to approve the
resolution to deny the application. C. Andres seconded the motion which
carried unanimously 5-0.
WHEREAS, in
the matter of the Special Development Area/Planned Development District
application of 1171 Main Street, LLC for conversion of existing commercial
space into 16 apartment units. Ten of the new units will be handicap
accessible. The proposed PDD will include an increase in apartment units from
46 units to 62 units for Village Court and a reduction in office/retail space
from 14,282 square feet to 3,710 square feet.
1.
Application
materials and documents submitted by the applicant including: Buchanan
Architects LLC., Site Plan (0-00 -Cover: Zoning Parking/Unit Counts,
S-101 -Proposed Site Plan, S-102 -Proposed Landscape Plan, A-101 -Existing and
Proposed Floor Plans — Bldg #1, A-102 -Existing and Proposed Ground Floor Plans
— Bldgs. #2 & #3, A-201 —Proposed Elevations — Bldg. #1, A-202 —Proposed
Elevations — Bldg.#2, A-203- Proposed Elevations- Bldg.#3). Rec: 01/26/2010.
2.
Milone &
MacBroom, Valley Court - Fire Access Review 01/29/10. Rec: 02/04/2010
3.
Criscuolo
Engineering LLC, Revised Site Plan for Replacement of Wood Retaining Wall w/
40" High Pre-Engineered Interlocking Block Retaining Wall. Received
02/18/2010
4.
Information
provided at a duly noticed public hearing held on February 4, 2010.
5.
Observations
made during site visits.
WHEREAS,
Section 35.6 of the Branford Zoning Regulations states that "the Commission may
either give approval to the Basic Development Plans or approval subject
to modifications, only after the Commission makes the findings set forth under
Paragraph 35.8 (a.) through (g.)," said findings being as follows:
a. The Planned Development
District and the standards and Basic Development Plans applicable therein will
accomplish the purpose set forth in Paragraph 35.1;
b. Another zoning district
could not be appropriately established to accomplish such purposes;
c. The Planned Development
district and the standards and Basic Development Plans applicable therein will
be consistent with any comprehensive plan of development adopted by the
Commission for the Special Development Area;
d. The Planned Development
District encompasses a tract of land of not less than 60,000 square feet;
e. The petitioner has
provided, where appropriate, for the continued maintenance of the development
in general, including those open space and recreational areas not dedicated for
general public use;
f. The streets and drives
will be suitable and adequate to accommodate anticipated traffic and projected
development intensity will not generate traffic in such amounts as to overload
the street system in the area;
g. The existing and proposed
utility services are adequate for the proposed development and the utilities
and drainage have been so arranged as to not overburden the capacity of the
facilities connected therewith.
WHEREAS,
having considered the above, the Commission finds that the application complies
with Section 35, and all other applicable requirements of the Branford Zoning
Regulations, provided that the following revisions and documents are submitted
to the Commission for Detailed Development Plan approval:
a.
File on land
records a certificate of merger (see attached) or comparable legal document
that will merge the properties into a single lot.
b.
Revise Site Plan
depicting deletion of the proposed parallel parking space in the parking lot
east of Building 2, to allow maneuverability at the end of the parking aisle.
c.
All new lighting
fixtures (3) and existing fixtures must comply with existing Branford outdoor
lighting standards. All "cut sheets" for fixtures and lamps shall be presented
to the ZEO for final approval prior to installation.
d.
Guard rails
shall be installed at the top of retaining walls that are adjacent to sidewalks
and parking areas. The Site Plan shall be revised to identify the
specifications and location of the guard rails.
e.
The Town Center
Review Board has reviewed and approved the change of use for the buildings and
is reviewing the building facade and materials for Building 1. A revised
listing of final approvals for windows, trim, foundation and siding materials
shall be submitted.
f.
Provide a deeded
easement in favor of the town behind Building 4 to permit town access to
stream, storm and sanitary sewers for repairs and general maintenance.
g. All site work to be completed prior to issuance of a
Certificate of Occupancy.
All
documents pertaining to the Detailed Development Plans shall be submitted
within six months of the date of this approval.
NOW THEREFORE BE IT RESOLVED that the
Basic Development Plan of 1171 Main Street LLC application #09-12.7 be
approved.
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