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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.

The meeting was called to order at 7:30 p.m.

E. McGuigan read the call of the meeting. Commission members and staff were introduced.

PUBLIC HEARINGS:

1. Rossitza Lazova & Kenneth Robinson

241 Pleasant Point Road

Special Exception & Coastal Site Plan Review

Application #10-1.1 a/r 1/7/10 PH 2/4/10 Continued to March 4, 2010

Architect Philippe Campus highlighted the proposed changes made to the grading plan and coastal site plan. Key changes involved driveway - slope, direction and drainage. Three infiltrating galleries, roof and foundation water separation, and changes to the driveway materials and direction were noted. The grading plan illustrated the proposed stockpiles, material usage and overall stabilization and schedule. A detailed drawing was submitted which showed a boulder retaining wall along the setback line on the SE side of the structure walkout area. Soil Scientist Megan Raymond highlighted the site stabilization and planting plan and planting schedule for the site and coastal resources. J Plaziak noted that the driveway easement needs to match the property survey. S. Rasmussen highlighted the staff report and commended the applicant and consultants for fully addressing previous issues. Public input was provided by Beth Dock (249 Pleasant Point Rd.) seeking more detail on the proposed rain garden depth and plantings. Peter Berdon (245 Pleasant Point Road) submitted a letter that noted concerns over tree preservation, driveway drainage, turnaround/Drive Intersection, town ROW, and northern rock pile. The public hearing was closed.

2. Paula Inglese

26 Palmer Road

Special Exception & CZC

Application #10-1.5 a/r 2/4/10 PH 3/4/10

The hearing was opened and continued to April 1, 2010 due to the delay in obtaining a ZBA decision.

3. Shearwater Properties, Inc.

83 Rose Hill Road

Open Space Residential Development & Coastal Site Plan Review

Application #10-2.1 a/r 2/4/10 PH 3/4/10

Attorney David Gibson (Gibson & Donegan, LLC) provided a brief history of the site, site location, area location, and past residential subdivision development proposals. Attorney Gibson explained the Open Space Residential Development (OSRD) process including the purpose, qualifying elements, preliminary plan, conventional subdivision layout, discretionary aspects of the OSRD Special Exception, and Disposition of Open Space. Attorney Gibson introduced exhibits including letters to the Select Committee on Open Space Acquisition (SCOSA) and the Park and Open Space Committee, letter from the Regional Water Authority, Inland Wetlands Commission approval, and a letter from Town Engineer noting available sewer capacity for the 10 lot subdivision. Andrew Grundy, PE with PSS Engineering highlighted the engineering and drainage related to the proposal including roadway retaining walls, wetlands disturbance, drainage flow, stormwater detention, overall roadway design and coastal area impact. Jen Benno of Soil Science and Environmental Services Inc, highlighted the environmental assessment of the property and the two inland wetland areas. Public input was received from Bill Horne, as a Co-Chairman of the Conservation & Environment Commission and member of SCOSA, expressing concern that the open space design does not preserve the critical resources adjacent to the ridge. Ainsley Highman, Chairman of SCOSA and the Park and Open Space Committee explained the comments that stated that there was no current interest in accepting the proposed open space areas. Shirley McCarthy, a member of the Branford Forestry Committee and Chris Peterson, a member of the Farm River Estuary, expressed concern over preservation of the Beacon Hill Preserve. Attorney Gibson noted the indications of Town acceptance of the open space design in earlier discussions, attempt to provide open space wetland buffers to the Beacon Hill Preserve and the overall improvement to the property and neighborhood. Scott Stevens, a Registered Soil Scientist with Soil Science and Environmental Services Inc, submitted an exhibit illustrating that the subject property is set back from the nearest ridgeline in excess of the 150-foot setback described in the state statutes for Metacomet Ridge protection. Commission members discussed the conventional and open space designed subdivisions and parcel layout, wetlands impact and acceptance by the Town of Branford of the roadway, retaining wall, open space and stormwater detention basin. The public hearing was closed.

4. Craig M. Whitehouse

220 Pleasant Point Road

Special Exception — Section 44 - & CZC

Application #10-2.2 a/r 2/4/10 PH 3/4/10

Architect Philippe Campus and Professional Engineer Phil Hartigan highlighted the revised Grading Plans and drainage calculations. The plans call for extensive drainage collection systems for the roof, driveway and site. The drainage improvements are designed for a 25 year storm event including 3 rain gardens and swale with a depth of 2.5 feet. Beth Dock (249 Pleasant Point Road) stated that her concerns had been addressed. George Buchanan ( 216 Pleasant Point Road) spoke in favor of the revised plans. Peter Berdon (245 Pleasant Point Road) noted that there was an appeal on the variance to allow pool in front yard. P. Berdon requested that the public hearing be kept open to allow further review of the drainage calculations. The public hearing was kept open.

MINUTES:

CORRESPONDENCE:

OLD BUSINESS:

1. C. James Walker, III & Jennifer R. Walker

39 Prospect Hill Road

Resubdivision and Coastal Site Plan Review

Application #09-12.1 a/r 12/3/09 PH 1/7/10

S. Rasmussen highlighted the following resolution to deny the application:

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.

.2. Glenn W. Arbonies

2 Prospect Hill Road & 3 Prospect Hill Road (a/k/a 306 Thimble Islands Road)

Coastal Site Plan Review

Application #09-12.2 a/r 1/7/10

Tabled — Awaiting ZBA decision 3/16/2010

3. Alex Vigliotti

1159-1171 Main Street

SDA/PDD & Coastal Site Plan Review

Application #09-12.7 a/r 1/7/10 PH 2/4/10

R. Stoecker highlighted the following resolution approving the Special Development Area and Planned Development District Basic Plan.

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.

S. Duhamel made a motion to approve the resolution and M. Laudano seconded the motion which passed, 4-0.

4. Mary Margaret Visnic & Kevin Visnic

224 Totoket Road

Coastal Site Plan Review

Application #10-1.3 a/r 2/4/10

Tabled — Awaiting ZBA decision 3/16/2010

5. Jason & Susanne Alderman

228 Thimble Island Road

Coastal Site Plan Review

Application #10-1.4 a/r 2/4/10

Tabled — Awaiting ZBA decision 3/16/2010

6. Shoreline Tennis Center

688 East Main Street

Re-subdivision

Application #10-2.3 a/r 2/4/10 PH 4/1/10

Public Hearing set for 04/01/2010

7. Shoreline Tennis Center

688 East Main Street

Special Exception & CZC

Application #10-2.4 a/r 2/4/10 PH 4/1/10

Public Hearing set for 04/01/2010

8. Laura Lovejoy/Lovejoy Family LLC

15 Spring Road

Coastal Site Plan Review

Application #10-2.5 a/r 2/19/10

Tabled — Awaiting ZBA decision 3/16/2010

9. CT Orthopedic Specialists, P.C.

84 North Main Street

Special Exception & CZC

Application #10-2.6 a/r 2/18/10 PH 4/1/10

Public Hearing set for 04/01/2010

10. Parish Farm Partners, LLC

688 East Main Street — Lot 1

Special Exception (Revision) & CZC
Application #10-2.7 a/r 2/18/10 PH 4/1/10

Public Hearing set for 04/01/2010

NEW BUSINESS:

1. Doreen Larsen-Oboyski

26 Reynolds Avenue

Coastal Site Plan Review

Application #10-2.8

A/R — Needs ZBA Approval

2. Simon F. Etzel, Jr.

23 Lanphiers Cove Camp

Coastal Site Plan Review

Application #10-2.9

A/R — Needs ZBA Approval

3. Vigliotti Construction, Co.

148 Chestnut Street

Chestnut Estates Phase II

Open Space Residential Development

Application #10-3.1

A/R — Public Hearing set for April 15, 2010.

OTHER BUSINESS:

The Commission voted to hold a regular meeting on April 15, 2010 instead of a regulation revision workshop.

Meeting adjourned at 11:50 PM

Minutes submitted by Richard H. Stoecker

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