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, March 20, 2008 at the Deep River Town Hall was called to order at 7:30 p.m. by Chairman Kastner. Members present: Nancy Fischbach, Thomas Griffin, Jonathan Kastner, Jane Samuels, Tom Walsh and Alternates Leigh Balducci and Jan Deutsch. Absent: Janet Edgerton, Fred Hellmers, and Alternate John Attridge. Also present: Cathie Jefferson (Zoning Enforcement Officer) and Nancy Howard (Recording Secretary), Russell Marth, Jane Cavanaugh, Kenneth Alsback, Frank Borawski, Elaine & Leo Klevens, Joe Tinnerello and Paul SantaBarbara. Chairman Kastner seated Alternate Leigh Balducci for an absent member. The Commission members welcomed Jan Deutsch as the new alternate member.
Approval of Minutes: A motion was made by Nancy Fischbach and seconded by Tom Walsh to approve the minutes of February 21, 2008 with the following amendments: top of page 2, amend as “The Commission may hold workshops regarding Regulations.” and amend that the Regulations/Planning Committee meets the first and third Wednesday. Voted Unanimously. Action on the minutes of March 13, 2008 was tabled.
Payment of Bills: The following bills were received: Nathan Jacobson & Associates, engineering services re: GDK Package Store, $247.95; Howard and McMillan, legal fees for Haynes-Lent Appeal $34.00, H.B. Enterprises $93.00, General Matters $108.50, and Cumberland Farms $155.00 for a total of $390.50; and Conn. Federation of Planning & Zoning Agencies, annual membership dues, $90.00. A motion was made by Nancy Fischbach and seconded by Tom Walsh to approve payment of the bills as presented. Voted Unanimously.

Correspondence: The following correspondence was received: Letter dated 3/12/08 from ZEO Jefferson to Great American Donut, Inc. regarding complaint concerning the delivery schedule at the Dunkin Donuts, which is not in keeping with the conditions that were required by the Commission. Tractor trailer trucks have been entering the property and deliveries have been in the early morning outside of the approved perimeters.
Chairman Kastner noted that there needs to be an educational campaign regarding vehicle idling. Idling may only be enforced by a Town ordinance. Discussion took place and members agreed to send a letter to the Board of Selectmen recommending an ordinance be considered for idling and/or an educational campaign on the issue. The Chairman will send the letter to the Board of Selectmen and attend a Board of Selectmen’s meeting regarding the idling issue.

Kenneth S. Alsback, 211 Main Street (Map 57, Lot 149): An application for amendment to a Special Permit was received from Kenneth S. Alsback (Shore Discount Liquor) for the purpose of removing the basement and adding a second story. A revised Exterior Elevations plan dated 3-6-08 was received. Frank Borawski and Kenneth Alsback were present on behalf of the application. Frank Borawski stated that when they started to dig for the foundation, they hit water and also discovered that a portion of the existing building was built on top of a four foot layer peat bog. The peat area curves into the rear of the building. Excavation was stopped and they have worked to change the design by removing the basement and adding a second floor on the addition for the sole purpose of storage. Mr. Borawski indicated that piles have to be installed for the rear south corner of the building. The piles will be driven in to support the structure. The area cannot be dug out without undermining the building. He indicated that the pile driver and piles are on site and should be a one day operation. The 20 ton piles are 25 ft., the top of pile would be roughly 40 inches below the slab elevation; 28 ft. from the surface to the bottom of the pile. Mr. Borawski noted that there is a large cricket between the existing building roof and the new second floor area to allow positive drainage across the existing roof. The cricket area will direct the water to the front corner and back corner of the building to the gutters and down spouts. The delivery door in the back will not change, but the conveyor will go to the second floor. Tom Walsh noted that the structures to the north and south of the property are two stories. Mr. Borawski noted that the building will be in context with the area. Mr.

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Borawski noted that there is no change proposed to the existing north elevation which will have a fence and additional landscaping in addition to the existing trees. With the line of site the north elevation will not be visible until accessing the site or driving by. The revised plan includes a sign on the second story of the addition. Nancy Fischbach noted for the record that any action on the amendment by the Commission would exclude the sign. [Jane Samuels arrived at this time.] At the Commission members recommendation, the applicant agreed to include a window on the second floor in the location of the sign. A pedestal sign will be located in the front of the building. Mr. Alsback noted that the proposed sign on the building, similar to one on the Avon store, is a painted sign on carved wood done by a local artist. The sign may be proposed at a later time to be in conformance with the Regulations. Mr. Borawski noted that the original plan had an “L” shape addition which has been removed. The square footage is now less. An area of 20'x50' in the back section of the addition is a single story, which will remain even in the back with the existing building. The section is kept low in order to allow for the cricket on the roof. This amendment to the rear of the addition is not clear on the revised plan received. Mr. Borawski stated that they are still doing the groundwater recharge. Approval was received from the State for the footing drain to the catch basin, but with the change that will be eliminated. Mr. Borawski indicated that the State only asked for signage along the entrance for one way in and one way out. A copy of the State approval letter will be provided to the ZEO. The Commission requested that a revised plan be submitted with the modifications indicating the change in the stories of the structure, removal of storm drain, and different design for the windows upstairs should be reflected on the plan. The applicant was in agreement to submitting a plan with the additional revisions. A linear sign under the windows may be considered in the future. A motion was made by Nancy Fischbach and seconded by Leigh Balducci to approve the request for amendment to special permit, Application #32, to remove the basement and add a second floor, together with the further modifications agreed to by the applicant as discussed being as follows: submission of revised plan identifying the change in the stories of the structure, removal of storm drain, and a different design for the windows upstairs on the front of the building. Voted Unanimously.

A motion was made by Nancy Fischbach and seconded by Tom Griffin to amend the agenda to add, as Item 5B, discussion with Integrated Waste Solutions LLC. Voted Unanimously .

5b. Integrated Waste Solutions, Commercial Drive: Joe Tinnerello and Paul SantaBarbara were present on behalf of Integrated Waste Solutions. Mr. SantaBarbara indicated that they are now the owners of the adjacent parcel which is currently being used for the storage of roll off containers. Chairman Kastner noted that the storage of the containers on the adjacent parcel is not an approved use and is not in compliance with the Zoning Regulations. Quarterly reports are required to be filed with DEP, copies of which should be forwarded to the Commission showing the quantities going through the facility. The facility started operation in October 2007. The representatives presented a letter dated 3/19/08 addressed to the ZEO indicating that they would like to increase the total daily incoming tonnage to 350 tons per day and they would put up a fence to screen the empty containers. Commission members stressed that the violation identified in letters from the ZEO on the newly acquired adjacent property needs to be resolved prior to consideration of any amendment. The storage of the empty roll off containers is not a permitted use on the parcel. Mr. Tinnerello indicated that the containers were stored for the winter and would be removed in the spring. Commission members indicated that the containers are in violation and should be removed immediately. Mr. Tinnerello stated for the record that he would remove the containers by the end of the following week. Mr. SantaBarbara stated that they had met with the ZEO and the First Selectman regarding their proposal to acquire the adjacent parcel and to increase the daily tonnage; and they were planning to present the proposal all at once to the Commission. ZEO Jefferson reiterated that first the violation needs to be resolved by removing the containers; and then a site plan may be presented to the Commission with the proposal to merge the two lots. Storage of containers on the merged lot would then be considered an accessory use. The ZEO also reiterated that the parcels would need to be merged because storage is not a primary use. Nancy Fischbach noted that condition #6 of the original approval states that “No containers shall be stored anywhere other than where it is shown on the plan as ‘empty container storage’.” Jane Cavanaugh asked if a public hearing would be held on an amendment to the operation. Nancy Fischbach indicated that a public hearing would be held if the Commission determines that the amendment is significant. ZEO Jefferson stated that an application would be required for a modification to the site plan and special permit; and part of the modification should include merging of the two lots. The merging of the lots would not be required to be Planning and Zoning Commission March 20, 2008 - Regular Meeting Page 3

completed prior to the application, but if approval is granted the merge would need to be completed prior to any activity on the parcel. Mr. Tinnerello stated that he would start hauling out the containers the following day. Nancy Fischbach recommended to Mr. Tinnerello and Mr. SantaBarbara that if they apply to expand the use, that they should be prepared to submit a report on the status of the items identified on the original plan and the Commission’s conditions of approval. The DEP reports should be provided to the Commission and the weekly and daily load reports. The ZEO noted that the amendment could be done in phases, the first being the amendment to the site plan to combine the properties and the second, the amendment to the statement of use. Mr. Tinnerello stated that the quantity tonnage report for October to December was submitted to DEP. Commission members reiterated that trip information should be provided to the Commission. The ZEO asked that the representatives come and meet with her regarding their proposal.

Audience: None.
Reports: (a) Attorney: A confidential attorney client report was available from the Commission attorney regarding pending litigation.

(b): Engineer: No report. Chairman Kastner noted the possibility of inquiring with the Commission engineer regarding placing traffic counters in the Plattwood Industrial Park, one near the entrance to Haynes, one on Industrial Park Road, and one near Integrated Waste. The ZEO noted that she has only received complaints regarding the roll offs. Russell Marth asked if the summer traffic to Integrated Waste would be heavier. The Chairman noted that DEP allows 500 tons and the Commission only allowed 200 tons and they may be close to operating at the limit. Chairman also noted he would like to propose that the State place a sign on Route 80 near Plattwood Industrial Park that says “all trucks under 40 mph use flashers”.

(c): Planning & Regulations: Tom Walsh recommended that members check out the design of the Rite Aid building at Flanders Four Corners, for the lighting and use of brick and clapboard. Discussion took place regarding the design of the Walgreens building and designs used in other towns. The design of the Walgreens building was altered after the Commission approval.

Nancy Fischbach noted that the full committee meeting on the village district will take place on April 2, 2008. The sub-committees are continuing to work on the proposal for village residential and village commercial. Minutes of the Committee meeting are sent to the Commission members. The square footage in the commercial district will be addressed with the village district. The subcommittees are discussing the limits of the village district ending at High Street and identification of the area north of Keyboard Pond. Chairman Kastner noted that the Streetscape project will start on Main Street at Elm Street to Bridge Street. The Commission, as part of the permit approvals, required that Walgreens, The Elms, Cumberland Farms, and Shore Discount Liquors install the same sidewalk and lighting as proposed in the Streetscape. The Town may extend the sidewalk from Shore Discount Liquors to Essex Street. The Chairman is proposing to prepare sheets identifying the uses allowed in each district as a reference to individuals. The Committee meeting on the third Wednesday in April will discuss other possible regulation amendments. One item to be considered would be limiting the size of buildings in the industrial districts.

(d)

ZEO: (1) ZEO noted that she gave copies to the First Selectman of the approvals for Cumberland Farms, Walgreens, Shore Discount Liquor, and The Elms indicating that the lighting and sidewalks are required to be in conformance with the Streetscape. The Town may purchase the products and the property owners would reimburse the Town.

(2)

ZEO noted that there was construction equipment at the Hamilton house on River Road. They indicated that the equipment would be removed in a week.

(3)

ZEO provided a copy of proposed litigation, Bill No. 432, to Tom Griffin, the Harbor Master. The Bill would give regulatory authority for residential docks to a Harbor Management Commission.

(4)

ZEO stated that she spoke with Steve Byrne, who is willing to come and do a workshop for members of the Planning & Zoning Commission and Zoning Board of Appeals. The Commission set a tentative date of May 19 or 21, 2008 for the workshop. Contact will be made with the Zoning Board of Appeals.

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Tom Walsh noted that he recently saw an accident in the Adams parking lot and inquired if it is supposed to be a one way traffic pattern. The traffic pattern was not specified. Members noted that they have no control of the traffic pattern. Angled parking would limit the pattern.

Executive Session: No executive session was held.
Other Business: Chairman Kastner briefly reviewed the proposed budget for the new fiscal year.
A motion was made by Nancy Fischbach and seconded by Jane Samuels to adjourn at 9:15 p.m. Voted Unanimously.

Respectfully submitted,

Nancy J. Howard

Recording Secretary