PLANNING AND ZONING COMMISSION

TOWN OF DEEP RIVER, CONNECTICUT Town Hall 174 Main Street Deep River, Connecticut 06417

A regular meeting of the Deep River Planning and Zoning Commission held on Thursday, February 21, 2008 at the Deep River Town Hall was called to order at 7:30 p.m. by Chairman Kastner. Members present: Janet Edgerton, Nancy Fischbach, Jonathan Kastner, Jane Samuels. Absent: John Attridge, Thomas Griffin, Tom Walsh, and Alternates John Attridge, Leigh Balducci, and Jan Deutsch. Also present: Cathie Jefferson (Zoning Enforcement Officer) and Nancy Howard (Recording Secretary), Russell Marth, and 23 in the audience of citizens.
Audience: Chairman Kastner noted that there have been stories around town about a big box store proposed on the Mislick property at 411 Main Street. He stated that no application has been received for a big box store. Mr. Kastner stated that the Mislicks, who own the re-zoned industrial plot south of Georgetown Woods, behind the Rent-All, had come to the Town approximately one to two years ago asking about a big box retail store and nothing has been heard since that time. The zoning regulations do not provide for retail uses in the industrial zones. Bill Stamm, an audience member, noted that the owner indicated in the newspaper that she is courting a big retail developer. Mr. Kastner noted that there are a lot of wetlands and ledge on the Mislick property; and the DEP which owns the railroad tracks, and looking to the future possibility of running freight and or commuters between Old Saybrook and Middletown, will not allow a grade crossing with significant traffic but would require a bridge. Russell Marth asked if anything had been discussed with the members of the Board since last fall or earlier. Mr. Kastner stated that they had only come to the Town approx two years ago about a concept for a building and parking, which was prior to DEP requesting a bridge for access. ZEO Cathie Jefferson stated that their request at the time was for retail sales, which would require the Commission to re-zone the property again; and they were told that there was no interest in re-zoning that property to commercial. The ZEO noted that the property is zoned as a Turnpike Industrial Park and retail sales are not allowed in the industrial zone. In response to a question from the audience, the Commission members indicated that the requests to change the zoning would go through a public hearing process before the Planning and Zoning Commission. The ZEO reiterated that the owners were notified that the commission is not interested in re-zoning the property for retail. Retail in the industrial zone would not be in conformance with the Plan of Conservation and Development (POCD). The POCD identifies small retail stores in the center of downtown. ZEO noted that re-zoning of the property as retail would be going against the POCD. ZEO noted that an application may be made to amend the zoning regulations and statutory requirements require the Commission to publish a notice in the newspaper and a sign in accordance with the regulations to be posted on the property. The burden of proof would be the responsibility of the applicant. Nancy Fischbach noted the use would be contradictory to the POCD, and the POCD would also need to be amended. The Commission is required to state that regulation amendments are in conformance with the Town POCD. Mr. Marth asked what size building would be permissible in the industrial zone. Nancy Fischbach noted that there is no limit to the size of the building but there is a percentage of the total lot that cannot be exceeded including the parking. There is a 50% impervious surface which would include the building and any other impervious surface. Typically industrial districts do not have building limitations. Mr. Marth noted that a concern regarding the Mislick property is runoff from parking lots specifically due to the wetlands and Canfield Woods. ZEO noted that would be a reason that retail would not work on the Mislick site because there would be the highest number of parking spaces based on the square footage for retail. A question was asked how the public would be informed if there is an application. The Commission publishes the legal notices in the Hartford Courant, because the statutes require publishing in a paper which has the highest circulation in the town. The Commission has discussed placing the agendas of the meetings on the Town web site. Local publications released once or twice a week may not meet the required publication schedule. The audience was advised that the regular meetings are always held on the third Thursday with the exception of December and minutes would identify when public hearings have been scheduled. Mike Spanner inquired about the process for workshops held by the Commission. ZEO noted that the normal procedure is that when individuals come in, she is the first person who would review the proposal and referral would be made to the engineer, health dept. and fire marshal prior to

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submission to the P&Z Commission. ZEO meetings with an applicant would not be public unless authorized by the applicant. ZEO noted that questions raised regarding the workshops held regarding the Cumberland Farms proposal were held by Nancy Fischbach who was the acting ZEO at the time. The Commission holds workshops regarding regulations. The Commission’s Regulations/Planning Committee meets the first and third Thursday at

3:30 p.m. at the Town Hall, and sometimes the meetings may be cancelled. The public is welcome to attend the Committee meetings but may not be able to participate. Commission members continued to answer procedural questions for the audience. Members noted that the Commission may vote to add an item to an agenda of a regular meeting if an application is received.

Jane Cavanaugh reported to the ZEO that she went out to Commercial Drive and there appeared to be more dumpsters stored on the site this week.

Nancy Fischbach reported that she and the ZEO had applied to the Rockfall Foundation for a grant for creation of an informational brochure to be mailed to the residents in Town. The grant application has been approved. The first brochure to be prepared will be regarding the Town Plan.

A motion was made by Nancy Fischbach and seconded by Jane Samuels to amend the agenda to address items 5, 6 and 7 at this time. Voted Unanimously.

John Underhill, 15 Elm Street: Jonathan Kastner distributed to Commission members copies of letters received from John and Gretchen Underhill dated January 11, 2008 and Mary Luscomb dated February 21, 2008. John Underhill noted that most of the issues and reasons for their request are described in the letter. The Underhills are asking that the zoning for their residence at 15 Elm Street be modified to allow use for a physician, dentist and attorneys offices. Mr. Underhill indicated that their property was on the market for 1 ½ years and was removed from the market until the outside of the drug store becomes more attractive, at which point their property would be placed back on the market. He is aware of a physician who would like to open a family practice in Town, but who would not be able to occupy the property as a residence. Mr. Underhill noted points for consideration as follows: Deep River has no medical doctor service; the appearance of the property would be highly valued by a professional owner and could ensure continued aesthetic and tax value to the town and downtown area; there are already two lawyers offices and two apartment buildings nearby on Elm Street; over half of the perimeter of the property directly abuts the highly commercial properties containing the Elms and the new Walgreens drug store; strict limitations could be attached to the property to control use of the building to retain the current visual appearance. Mr. Underhill stated that the property in the past had been used as a show room for the furniture store and the house was a two family home when they purchased the property 15 years ago. Mr. Underhill asked that the Commission advise of the steps to be taken to satisfy the request in a reasonable time period. Nancy Fischbach noted that there is not a zoning designation that allows what the Underhills are proposing. An amendment to the regulations to allow the use in the R20 zone would open it up to all the R20 zones town wide. Residences are not permitted in the commercial district. Nancy Fischbach noted that the village district may address what the Underhills are considering, but the Commission is in the beginning stages and may take six months before village district regulations could be adopted. Mr. Underhill asked the Commission to find a way on an exceptional basis in benefit to the town. The ZEO noted that the property could assume the abutting property designation, which is the commercial district. Spot zoning is not allowed. ZEO noted that in accordance with the Plan of Conservation and Development (POCD) and the proposed village district, changing the designation of the Underhill property to commercial would be against the POCD. The mixed use in a village district would be ideal for this property. The ZEO noted that the only current option is a home occupation. Mr. Underhill noted that they may have to consider other options.
Schaefer Machine Co., Inc., 300 Commercial Drive (Map 33, Lot 6E): An application for special permit was received from Schaefer Machine Co., Inc for the purpose of manufacturing of adhesive application machinery on property on Moyer Properties, LLC at 300 Commercial Drive. Bob Gammons, on behalf of Schaefer Machine Co., indicated that the company is proposing to move across the street from its current location in the industrial park at 200 Commercial Drive. The business has been located in the industrial park for 13 years. A motion was made by Nancy Fischbach and seconded by Jane Samuels to receive the application for special permit by Schaefer

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Machine Co., Inc. and to schedule for public hearing on Thursday, March 13, 2008 at 7:00 p.m. at the Deep River Town Hall. Voted Unanimously.

C & P Holdings, 200 Commercial Drive (Map 33, Lot 6C): An application for special permit was received from C & P Holdings (PCI Medical) for the purpose of light assembly and offices on property of Gary Mislick at 200 Commercial Drive. Philip Coles, on behalf of the application, noted that the company is proposing to move from its current location in the Tri-Town building at 12 Bridge Street. The business had five employees when it had moved to Town and now has 20 employees. A motion was made by Nancy Fischbach and seconded by Janet Edgerton to receive the application for special permit by C & P Holdings (PCI Medical) and to schedule for public hearing on Thursday, March 13, 2008 at 7:00 p.m. at the Deep River Town Hall. Voted Unanimously.
Approval of Minutes: A motion was made by Janet Edgerton and seconded by Jane Samuels to approve the minutes of the regular meeting of December 13, 2007 with the following amendments: (a) page 2, amend sentence to read “The Walgreens sign on the building on the Main Street side of the building is 24 sq. ft.”; (b) page 2, (d) The meeting of the entire Committee was scheduled for February 20, 2008, and amend sentence: “The purpose of the groups is to provide recommendations for preparation of the Regulations which will be prepared by Nancy Fischbach and the ZEO.”; (c) page 1, 6(c) amend address to read 180 and 190 Main Street. Voted Unanimously.
Payment of Bills: The following bills were received: Nathan Jacobson & Associates, engineering services re: Walgreens and 190 Main Street, $495.90; Howard and McMillan, legal fees for Haynes-Lent Appeal $2,431.09,

H.B. Enterprises $109.50, General Matters $201.50, and Cumberland Farms $93.00 for a total of $2,834.09; and Nancy Howard, clerical services, 14 hours. A motion was made by Jane Samuels and seconded by Janet Edgerton to approve payment of the bills as presented. Voted Unanimously.

Correspondence: The following correspondence was received: (a) Letter dated February 21, 2008 from Mary Luscomb regarding request by John Underhill; (b) letter dated January 11, 2008 from John and Gretchen Underhill regarding zoning modification for 15 Elm Street (c) letter dated February 19, 2008 from John S. DeCastro, P.E. from Bureau of Engineering and Highway Operations of DOT regarding proposed drainage connection at 211 Main Street indicating approval of the plans of GDK Package Store; (d) copies of the Conn. Federation of Planning and Zoning Agencies Quarterly Newsletter were distributed to Commission members; (e) Notice of Conn. Federation of Planning and Zoning Agencies annual conference scheduled for March 27, 2008.
Reports: (a) Attorney: Will be addressed under Executive Session.

(b): Engineer: No report.

(c)

Planning & Regulations: Nancy Fischbach distributed to the members copies of the replacement pages for the Zoning Regulations consisting of the recent amendments to Sections 7 and 11. The recording secretary will distribute copies of the amendments to the Town offices and Boards who received copies of the Regulations.

A motion was made by Nancy Fischbach and seconded by Janet Edgerton to approve reimbursement to Nancy Fischbach, Janet Edgerton, and Jane Samuels for $50.00 each for attendance at Rockfall Symposium. Voted Unanimously.

Nancy Fischbach noted that the full Village District Committee met on February 20, 2008. The next full Committee meeting will be held on April 2, 2008 at 3:30 p.m. at the Town Hall. Work remains on the design elements. Nancy Fischbach noted that after the April meeting, she and the ZEO may be in a position to start preparing draft regulations. Cathie Jefferson noted that she saw some discrepancies in the minutes of the Committee meeting, which she was unable to attend, and will be meeting again with her group. Discussion took place regarding commercial and retail for the proposal for village commercial. Proposals for village residential and village commercial would be considered as separate actions. The minutes of the Committee meetings will be sent to the P&Z members.

(d): ZEO: (1) ZEO presented a letter dated 2/13/08 sent to Peter Czepiel regarding wood cutting business operating on property at 81 Cedar Swamp Road which is not in compliance.

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(2)

ZEO noted that Richard Wade came in with a proposal for a gathering place on property on Winthrop Road for birthday parties and similar functions. The ZEO sent a memo dated 2/11/08 to Mr. Wade with a list of information which would need to be submitted with an application for special permit to be in compliance with the Zoning Regulations.

(3)

The grant application has been approved by the Rockfall Foundation for the CLUE brochures. The ZEO and the Regulations Committee will work on preparation of the brochures.

(4)

ZEO noted that she met with David White, the architect for Walgreens, to discuss the monument sign on the Town property. An e-mail was received from Jackie Campbell indicating that Walgreens did not agree to the alternative sign proposal that was created for the Elm Street entrance. The monument sign on Main Street will be red plexiglass and internally lit. The sign on Elm Street is on Town property and the Town will continue to pursue an alternative proposal.

(5)

ZEO noted that she met with Paul SantaBarbara regarding the letter she sent regarding the storage containers on the adjacent lot on Commercial Drive which is not a permitted use. The options are to remove the containers or purchase the adjacent property and combine the two properties, which would require an application for amendment. ZEO noted that she has given them until the next regular meeting for attempts to come into compliance and then a cease and desist may be issued.

(6)

A letter dated December 21, 2007 was received from Karen Michaels, Environmental Analyst, Flood Management Section, Inland Water Resources Division of DEP with recommended revisions to the Flood Hazard Regulations of the Zoning Regulations. In order to remain eligible to participate in the National Flood Insurance Program, the revised regulations must be adopted for development of flood prone areas that meet or exceed the minimum federal standards and state requirements. The information was provided to the Regulations Committee to be proposed with other amendments.

(7)

ZEO noted that she spoke with Linda Krause regarding training for the P&Z and ZBA and she recommended the Conn. Bar Association. The ZEO has been in contact with the CBA, and even though they have not held workshops for individual towns, they would consider it. The Commission members recommended using an impartial person for the training.

Nancy Fischbach left the meeting at this time.

Executive Session: The remaining members entered into Executive Session to review a brief report from the Commission Attorney.
The meeting adjourned at 9:25 p.m.

Respectfully submitted,

Nancy J. Howard Recording Secretary