MINUTES Guilford Planning and Zoning Commission Regular Meeting and Public Hearing, August 17, 2016 Nathanael B

DRAFT ‐ MINUTES Guilford Planning and Zoning Commission Regular Meeting and Public Hearing, August 17, 2016 Nathanael B. Greene Community Center 32 Church Street, Guilford CT 7:30 P.M. Menunkatuck Room (2nd floor)

Members Present: Tom Cost (Chairman), Richard Meier & Joshua Hershman

Members Absent: Ray Bower, Frank D’Andrea, Richard Wallace

Alternates Present: Phil Johnson & George Underhill

Staff Present: Regina Reid, Zoning Enforcement Officer –– Lisa Brewer, Recording Secretary.

Video: Peter Schulze

Audio Recording: Digital

Approximate number of people in attendance: 30

Chairman Tom Cost called the meeting to order at 7:31 PM and explained the meeting procedure to those in attendance.

He then introduced the members of the Commission and Staff: Chairman Tom Cost (V), Joshua Hershman (V) & Richard Meier (V). Alternates: George Underhill & Phil Johnson. Staff: Zoning Enforcement Officer Regina Reid and Recording Secretary Lisa Brewer.

Decisions of this meeting are available the day after the meeting by calling the Planning & Zoning office at (203‐453‐8039) after 9:00 AM.

Cmsr Richard Meier read the call of the meeting.

Upon a motion by Cmsr Meier it was unanimously voted to open this meeting of the Guilford Planning and Zoning Commission.

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Page | 1 August 22, 2016

PUBLIC HEARING

CONTINUED ‐ Town of Guilford, Map 49 & 43, Zone R/3 & TS; Coastal Area Management Site Plan; Creation of paved Shoreline Greenway Trail from the Madison Town Line to the intersection of Route 146 & Boston Post Road. §273‐91 Continued to 9/7/16 for Mandatory Second Public Hearing

Assistant Town Engineer presented the plans to create of paved Shoreline Greenway Trail the trail which will have an asphalt surface with a stone chip seal on top. There will be painted signs alerting traffic of the Trail as well as crosswalks the trail itself will have signs alerting them of roadways. Construction will most likely start next year.

Cmsr Johnson asked if there are any trails in existence at this time; Mr. Damiani said this would be the first the plan is to build the trail in sections. Cmsr Meier asked about the cost and where the money is coming from; Mr. Damiani explained the Town has received a $500,000 Federal Grant, a $279,000 State Grant as well as private donations tbd. Cmsr Meier is concerned that the money would run out with a trail to nowhere. Mark explained the trail runs from New Haven to Madison. This project has been around for 15+ years. Cmsr Meier asked who will be maintaining the trail; Mr. Damiani responded the Town there will no plowing and no lights. Mr. Damiani noted upon completion this will be a state owned property, Chairman Cost asked who is responsible if someone is hurt, Mr. Damiani did not have an answer to this question but he will provide an answer at the 9/7 Public Hearing.

Cmsr Johnson read the following memos from Environmental Planner Kevin Magee and Environmental Analyst 3 John Gaucher, Office of Long Island Sound Programs:

“August 17, 2016

To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review Town of Guilford Greenway Trail Boston Post Road Guilford, Connecticut 06437

The applicant is proposing to install a greenway trail along Boston Post Road (RT 1) from the East River to the intersection with Boston Street. The eastern half of the proposed trail traverses a section of the Coastal Area Management zone. The site plan provides for Erosion and Sedimentation Control measures that are designed to protect the adjacent coastal resources. The work being conducted could impact the adjacent coastal resources if the Erosion and Sedimentation Control measures are not properly maintained.

The Guilford Inland Wetlands Commission at its August 10, 2016 meeting approved a regulated, to construct the first segment of the Shoreline Greenway Trail, shown on “Proposed Boston Post Road Multi‐Use Path from Madison Town Line to Route 146, Guilford, CT “dated March 2016, Sheets 4 to 9 prepared by Town of Guilford Engineering Department with conditions;

In order to make sure that the coastal resources are protected during and after the construction process, I recommend the following conditions of approval:

Page | 2 August 22, 2016

1. Silt sacks should be installed in the catch basins along Boston Post Road to prevent the flow of sediment to the East River. 2. The Town of Guilford Zoning Enforcement Officer should be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation control measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement.”

“‐‐‐‐‐Original Message‐‐‐‐‐ From: Gaucher, John [mailto:[email protected]] Sent: Wednesday, July 20, 2016 1:51 PM To: Kevin Magee Cc: Mark Damiani Subject: Boston Post Road, Shoreline Greenwich Trail, Incorporated CSPR Importance: Low

Kevin,

We have reviewed the above‐referenced proposal for consistency with Connecticut Coastal Management Act policies and have no comments for the Planning & Zoning Commission's consideration. Please let me know if you have any questions or if you need any additional information. John Gaucher Environmental Analyst 3 Office of Long Island Sound Programs 79 Elm Street Hartford, CT 06106

Phone 860.424.3660 fax 860.424.4054”

We heard from the following concerned residents:

 Carlton Granbury ‐ 982 Leetes Island Road ‐ read his letter outlining his concerns, see attached.  Frank Ferro ‐ 145 Granite Road – expressed concerns about starting a project with no plan on where it will go.  David Grigsby ‐ has concerns about the town’s plans regarding eminent domain. Mr. Damiani cannot speak for the town and referred Mr. Grigsby to the Selectmen office.

Mr. Damiani will make both the original Engineering Designs and the Initial Conceptual Alignment documentation available for Public viewing on 8/18/16.

Pam Bisbee Simonds Chair of the Guilford Shoreline Greenway Trail. Explained 1/2 of the whole route has been built, approved and in progress. They have made no progress here in Guilford. Madison has approval to complete a route 1 section. Motorized vehicles will not be allowed on the trails strictly bike, strollers and pedestrians. Cmsr Meier asked who would enforce this rule; Mrs. Bisbee Simonds replied local law enforcement will be responsible. As far as eminent domain, Mrs. Bisbee Simonds noted they have no intentions of implementing a plan for eminent domain.

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Cmsr Hershman requests we continue the Public Hearing pending receipt of the property documents including 2014 documents mentioned here tonight. Mr Anderson of Anderson Engineering feels we are getting off topic and forgetting this is a simple CAM application.

Upon a motion made by Cmsr Hershman seconded by Cmsr Meier the Commission unanimously voted to CONTINUE this Public Hearing to 9/7/16 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

APPROVED ‐ 86 Seaside Avenue, LLC, (Brenda Nuttall), 86 Seaside Avenue, Map 29, Lot 119, Zone R‐3; Coastal Area Management Site Plan; Install pre‐fabricated 12X16 shed. §273‐91

Mr. Nuttall explained the application, they will be removing an existing shed and replace it with a pre‐ fabricated 12X16 shed that will have the same roof and will be painted to match the house. Chairman Cost asked if there were concerns from the other officials; Zoning Enforcement Officer Regina Reid responded the Applicants received Approval from the Director of Health, DEEP Environmental Analyst 3 and the Environmental Planner.

Cmsr Hershman read the following memos from Environmental Analyst 3 John Gaucher, and TOG Environmental Planner Kevin Magee:

“‐‐‐‐‐Original Message‐‐‐‐‐ From: Gaucher, John [mailto:[email protected]] Sent: Tuesday, July 12, 2016 11:21 AM To: Kevin Magee Cc: Planning Zoning Subject: 86 Seaside Ave, 86 Seaside Avenue, LLC CSPR Importance: Low

Kevin,

John Gaucher Environmental Analyst 3 Office of Long Island Sound Programs 79 Elm Street Hartford, CT 06106 Phone 860.424.3660 fax 860.424.4054”

“August 17, 2016 To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review Brenda Nuttall 86 Seaside Avenue Guilford, Connecticut 06437

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The applicant is proposing to install 12’x16’ shed 28 feet from the coastal jurisdictional line in a FEMA flood zone AE (EL 12). The site plan does not provide for any installation of Erosion and Sedimentation Control measures to protect the adjacent coastal resources. The work being conducted could impact the adjacent coastal resources if the work is conducted during a rainy day or soil stock piles are left for an extended period of time.

In order to make sure that the coastal resources are protected during and after the construction process, I recommend the following conditions of approval:

1 ‐ Any material removed for the installation of the shed should be disposed of off‐site. 2 ‐ An 18” wide x 18” deep stone infiltration trench should be installed around the perimeter of the shed.”

“TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : August 16, 2016 SUBJECT : Nuttall, Brenda; 86 Seaside Ave. LLC, Map 29, Lot 119

The applicant’s proposed storage shed does not conflict with the location of the septic system currently existing on site.”

The Applicant’s agree to adhere to Mr. Magee’s Conditions of Approval.

The Commission unanimously voted to close this Public Hearing.

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CONTINUED ‐ William A. Young & Ronald Finocchio, 2 Saw Pit Road, Map 34, Lot 36A, Zone R‐5; Special Permit, Coastal Area Management Site Plan & Site Plan Revision; Increase parking for auto repair shop and add office trailer and accessory structure for “Shredding Source” business on rear portion of the lot. §273‐91 §273‐97 §273‐36 Continued to 9/21/16 for Mandatory Second Public Hearing

Mr.’s Todd and Eric Anderson of Anderson Engineering reviewed a Site Plan highlighting the area where changes are to be made. Bill Young explained the plan is to park 5 commercial vehicles, an office trailer & two eagle containers for the Shredding Source. Mr. Mike Holland of the Auto Repair Shop explained the second reason for this application. Currently the site has approval for 15 parking spots he is now asking for 42. Cmsr Hershman asked Regina Reid if there were any regulations pertaining to this situation she replied there are not. Once the Commission deliberates this matter they will cast their votes.

Cmsr Hershman read the following letter from Environmental Planner Kevin Magee:

“August 17, 2016

To: Guilford Planning & Zoning Commission From: Kevin Magee, Environmental Planner RE: Coastal Area Management Review William A. Young & Ronald Finocchio 2 Saw Pit Road Guilford, Connecticut 06437

Page | 5 August 22, 2016

The applicant is proposing to increase parking for an auto repair shop and add an office trailer and accessory structure for “Shredding Source” business. The replacing the refuge company with the Shredding Source provides better protection of the adjacent tidal wetlands. The increase in parking of cars for the auto repair from the 15 cars approved by the commission on December 14, 1983 to 43 parking spaces will increase the potential of contamination of the coastal resources. Based on the double and triple deep parking layout and the small repair garage, cars would be left for a while before being repaired.

The application has been reviewed several times by John Gaucher with the CT DEEP. John’s last email dated August 11, 2016 expressed concern about the galleries being installed 6” below the pavement and the anticipated hydrocarbon load from the parking area. The revised plan submitted on August 16, 2016 by Anderson Engineering & Surveying Associates has addressed John Gaucher’s concerns.

The site plan provides for Erosion and Sedimentation Control measures that are designed to protect the adjacent coastal resources during the site construction. The work being conducted could impact the adjacent coastal resources if the Erosion and Sedimentation Control measures are not properly maintained.

In order to make sure that the coastal resources are protected during and after the construction process, I recommend the following conditions of approval:

1. The Town of Guilford Zoning Enforcement Officer should be notified to inspect the sedimentation and erosion control measures prior to any site work. Soil stock piles should be contained by silt fencing and or hay bales. Soil erosion and sedimentation control measures shall be maintained until vegetation is established or suitable material is installed to the satisfaction of the Zoning Enforcement. 2. A written maintenance and operation manual for all the Stormwater management systems located at the subject site should be submitted to the Zoning enforcement officer and town engineer. The manual should provide provisions for yearly inspection, maintenance of the Stormwater system, and yearly reports to the Town Engineer. The maintenance schedule should include but not be limited to weekly, monthly and quarterly inspections of the property for litter and fluid spills from motor vehicles, monitoring the dumpster and outside storage areas, monitoring of the catch basins, and replacement of oil skimmer installed in catch basin. The maintenance plan needs to provide a statement that the Stormwater Management plan will be reviewed annually so that inspection/ maintenance requirements maybe modified and that any changes to the plan would require the approval of the Town Engineer.

3. An “As‐built drawing” of the completed Stormwater system prepared in accordance with. Section 273‐75.F Stormwater Management Subsection 6 (Construction)”

Cmsr Hershman asked Mr. Anderson if the Applicant’s intend to comply with Mr. Magee’s Conditions of Approval, Mr. Anderson replied yes.

Mr. David Grigsby, Chairman of the Guilford Land Trust joined the conversation pointing out the Applicants are encroaching on Land Trust property in fact there are several encroachments. Mr. Grigsby feels a resolution needs to happen for the encroachment and access to the applicant’s property. Mr. Young noted he has tried on several occasions to purchase this property to no avail. Mr. Grigsby made mention of an alternative potential new access from the Sawpit Roads which would entail removing a tree, Mr. Young has no problem moving the access if necessary. The Commission felt there were too many unanswered questions.

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Upon a motion made by Cmsr Meier seconded by Cmsr Hershman the Commission voted unanimously to CONTINUE this Public Hearing to 9/21/16.

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CONTINUED ‐ Gary Terwilliger, 1725 Little Meadow Road, Map 97, Lot 32, Zone R‐8; Special Permit, Assessory Apartment in detached assessory structure. §273‐19 Continued to 9/21/16 for Mandatory Second Public Hearing.

Mr. Terwilliger shared the plan to add a 1 bedroom apartment to an existing garage. There are two entrances. Cmsr Underhill asked about Septic concerns; Cmsr Hershman read the following memo from Director of Health Dennis Johnson:

“TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : August 15, 2016 SUBJECT : Terwilliger, Gary; 1725 Little Meadow Road, Map 97, Lot 32.

Soil testing conducted on the applicant’s property on June 7, 2017 revealed suitable soils and sufficient area to install a code‐complying septic system. A separate septic system to serve the applicant’s proposed apartment is required to be constructed prior to occupancy. A Water supply for the apartment will be provided through a private well. Based upon soil test results and site plan review it is recommended that the applicant’s proposed use be approved with the following condition:

1 ‐ Property owner is required to install septic system to serve new apartment prior to occupancy.”

Cmsr Hershman asked if Mr. Terwilliger will adhere to Mr. Johnson’s conditions. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

APPROVED ‐ Jonathan Lowe and KatinaVarzo, 4461 Durham Road, Map 122, Lot 23‐3, Zone R‐8; Special Permit for Human Habitation of Yurt. §273‐36 Mandatory Second Public Hearing

Attorney Tim Shields representing Lowe/Varzos began by reviewing some of the previous testimony. Attorney Shields read the following updated Statement of Use:

“STATEMENT OF USE 4461 Durham Road Map 122, Lot 23‐3

The structure has been/will be outfitted in a manner which supports occasional use and occupancy by humans. IT WILL NOT BE OUTFITTED IN A MANNER THAT SUPPORTS — OR IS INTENDED TO SUPPORT —USE AS AN ACCESSORY APARTMENT. Specifically, it is represented that the premises will not be used for overnight sleeping accommodations.

Uses intended to fall within this Statement of Use include daytime and evening use as a workshop, study, studio and recreation room. There will be no running water nor any septic services on the premises. A refrigerator and microwave may be installed and permitted. Sofas and other furniture usual and customary to the uses described above are permitted. No beds shall be permitted."

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Cmsr Hershman asked if the Applicants spoke with the Director of Health Dennis Johnson, Attorney Shields responded, they are willing to comply with Mr. Johnson’s recommendations. Cmsr Hershman questioned the Commission for their thoughts regarding the need for a Special Permit, after a lengthy conversation the Commission decided it would be best to go continue with the Special Permit application as written and add the applicants Statement of Use as part the Permit along with Mr. Johnson’s recommendation. The issue with the Right of Way was briefly touched upon as it is a private matter, however the applicants agree to not use the right of way and will no longer park cars at the Yurt.

Stephanie Brettman (next door neighbor) spoke in favor.

Attorney Jeffrey Beatty 25 Boston street representing Mary and Kendrick Norris 4423 Durham Road read a second letter from the Norris's further reiterating their opposition.

Attorney Beatty read a letter written by him explaining his clients concerns and the facts of the case including his interpretation of the rules and regulations.

Attorney Beatty read the definition of a Yurt. Ms. Reid shared a survey of the property noting they meet both the 50 foot and 20 foot setbacks and there are no Wetlands present. Attorney Shields reiterated this Special Permit has nothing to do with the existing building as it stands but the interior and potential habitable space.

Cmsr Hershman re‐read the following from Director of Health Dennis Johnson:

“TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : July 12, 2016 SUBJECT : Varzo, Nicholas; 44671 Durham Road, Map 122, Lot 23‐3

The applicant’s proposed Yurt is considered an accessory structure which by definition is not served by a water supply and is used incidental to the residential building. An inspection of the Yurt revealed that it does contain kitchen appliances, including an oven, refrigerator/freezer; sink with hand‐operated water pump discharging to under‐the‐counter wastewater buckets and dining/counter space. In addition, a full‐sized bed was observed in a partially partitioned‐off bedroom area adjacent to the living area. The Yurt also contains a large wood burning stove, air‐conditioner, closed‐cell thin plastic insulation wrap and 200 amp electrical services. No bathroom was present within the structure. According to the owner, any occupant needing to use a bathroom is required to walk back approximately 500 feet to the main house to use toilet facilities. The building permit application for this structure described the use to be a work shed.

Although accessary structures on residential properties are permitted by the public health code, these structures are clearly defined to be non‐habitable in use. The design and furnishing of this Yurt‐work shed appears to conveniently support its use as habitable space, especially with the presence of portable water and wastewater collection containers. The practically of manually hauling and disposing of any generated wastewater on a routine basis to a remote bathroom raises an environmental concern.

The Yurt occupies an area located on shallow ledge rock and therefore does not reduce potential septic system repair area on the lot.

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The applicant’s proposed use of the Yurt as a work‐shed may be approved with the following conditions:

1) The bed, kitchen sink, kitchen stove, portable water supply pump and wastewater collection container shall be immediately and permanently removed.”

Upon a motion made by Cmsr Meier seconded by Cmsr Johnson the Commission unanimously voted to closed this Public Hearing. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CONTINUED ‐ Dennis Pacelli, 150 Rockland Road, Map 118, Lot 4A, Zone R‐8; Special Permit; addition to existing garage. §273‐19 §273‐94 Continued 9/21/16 for Mandatory Second Public Hearing

Todd Anderson of Anderson Engineering shared a site plan depicting the expansion of the garage for additional storage and noted the existing trailer will removed upon completion. Chairman Cost and Cmsr Johnson expressed concern of a commercial vehicle stored in a residential zone. Ms. Reid noted this truck will not be used day to day this is his hobby truck over 1.5 ton in a residential zone. Issue tonight is the size of the proposed building expansion which is over 750 square feet.

Upon a motion made by Cmsr Meier seconded by Cmsr Johnson the Commission voted unanimously to CONTINUE this Public Hearing to 9/21/16.

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WITHDRAWN ‐ Zohair Alnabulsi, 2 Covey Crossing, Map 81, Lot 13‐3, Zone R‐5; Special Permit for Accessory Apartment. §273‐19

REGULAR MEETING

DELIBERATION OF PUBLIC HEARING ITEMS

APPROVED WITH CONDITIONS ‐ 86 Seaside Avenue, LLC, (Brenda Nuttall), 86 Seaside Avenue, Map 29, Lot 119, Zone R‐3; Coastal Area Management Site Plan; Install pre‐fabricated 12X16 shed. §273‐91

Cmsr Hershman made the following motion Cmsr Meier seconded:

Voted: That the Guilford Planning and Zoning Commission approve a Coastal Area Management application for Brenda Nuttall, 86 Seaside Avenue, Map 29, Lot 119 for a pre‐fabricated shed as shown on an application dated July 7, 2016.

This application is approved with the following conditions;

The Commission unanimously voted to APPROVE this application with CONDITIONS AS LISTED ABOVE and based upon a finding that it conforms with the Zoning Code and is consistent with the Coastal Management policies of the State of Connecticut.

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APPROVED WITH CONDITIONS ‐ Jonathan Lowe and KatinaVarzo, 4461 Durham Road, Map 122, Lot 23‐3, Zone R‐8; Special Permit for Human Habitation of Yurt. §273‐36

Cmsr Hershman feels the “Statement of Use” submitted by Attorney Shields on behalf of the Applicants should be made part of the Approval and Permit in an effort to prevent the chance of future applications for Assessory Apartments.

Cmsr Johnson questioned if a Special Permit is needed if the Applicants are willing to comply with the Director of Health’s recommendations. Cmsr Hershman explained by issuing a Special Permit which incorporates the Health Departments Conditions of Approval and the Statement of Use submitted by the Mr. Lowe and Mrs. Varzo which would become part of the land records and as a result would require all future Applicants to apply for a Variance.

Motion #1

Cmsr Meier made the following motion, Cmsr Johnson seconded:

Voted: That the Guilford Planning and Zoning Commission deny a Special Permit for Jonathan Lowe and Katina Varzo for Human Habitation of an Accessory Structure at 4461 Durham Road, Map 122, Lot 23‐3, as shown on an application dated 4‐29‐16.

This application is denied based upon a finding that the building and proposed use will have an adverse impact on adjoining residences and property and, because it does not have a wastewater disposal system, cannot safely be used for the intended purpose.

Cmsr Underhill the question:

2 ‐ In Favor ‐ Cmsr Johnson & Cmsr Meier

3 ‐ Opposed ‐ Chairman Cost, Cmsr’s Underhill, Hershman

Motion Failed

Motion #2

Cmsr Hershman made the following motion Cmsr Meier seconded:

Voted: That the Guilford Planning and Zoning Commission approve a Special Permit for Jonathan Lowe and Katina Varzo for Human Habitation of an Accessory Structure at 4461 Durham Road, Map 122, Lot 23‐3, as shown on an application dated 4‐29‐16.

This application is approved with the following conditions;

1. That the beds, Kitchen sink, portable water supply, pump and wastewater collection container shall be immediately and permanently removed.

2. “STATEMENT OF USE, 4461 Durham Road, Map 122, Lot 23‐3 The structure has been/will be outfitted in a manner which supports occasional use and occupancy by humans. IT WILL NOT BE OUTFITTED IN A MANNER THAT SUPPORTS — OR IS INTENDED TO

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SUPPORT —USE AS AN ACCESSORY APARTMENT. Specifically, it is represented that the premises will not be used for overnight sleeping accommodations.

Cmsr Meier called the question:

3 – In Favor ‐ Chairman Cost, Cmsr’s Underhill, Hershman

2 – Opposed ‐ Cmsr Johnson & Cmsr Meier

Motion #2 Carried 3 to 2 in favor of APPROVAL WITH CONDITIONS as listed above.

The Commission voted to APPROVE this application with CONDITIONS AS LISTED ABOVE and based upon a finding that it conforms with 273‐36 of the Zoning Code. The Special Permit is effective on August 26, 2016 and upon filing with the Town Clerk.

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APPROVED ‐ Edwin Ahlberg, 98 Fair Street, Map 46, Lot 39, Zone PV; Site Plan Revision, change use of detached Post & Beam Structure from Workshop/Showroom to an 1800 sf one‐bedroom apartment. §273‐47

Cmsr Meier read the following memo from Director of Health Dennis Johnson:

“TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : August 15, 2016 SUBJECT : Ahlberg, Edwin, 98 Fair Street, Map 46, Lot 39

The applicant’s existing woodshop building, which is proposed to convert into the one‐bedroom apartment, currently has a septic system which is adequate in size to accommodate the anticipated wastewater flow.”

It is recommended that the applicant’s proposed site plan revision be approved.”

Cmsr Hershman made the following motion, Cmsr Meier seconded:

Proposed Motion:

Voted: That the Guilford Planning and Zoning Commission approve a Site Plan Revision for Edwin Ahlberg to change the use of the detached post and beam structure located at 98 Fair Street, Map 46, Lot 39, Zone PV from workshop/showroom to an 1800 square foot one‐bedroom apartment as shown on a drawing dated 08/11/16.

The Commission unanimously voted to APPROVE this application based upon a finding that it conforms with the Zoning Code. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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APPROVED WITH CONDITIONS ‐ 13 Summit Suite, LLC, 2455 Boston Post Road & 27 West Lake Avenue, Map 84, Lots 28 & 29, TS‐2; Building A Site Plan Revision, Change retail office use to Three Residential Dwelling Units. §273‐47

Cmsr Johnson read the following memos from Director of Health Dennis Johnson & Assistant Fire Chief Wayne Vetre:

“TO : Planning and Zoning Commission FROM : Dennis Johnson, Director of Health DATE : August 16, 2016 SUBJECT : 13 Summit, LLC, 2455 Boston Post Road & 27 West Lake Avenue, Map 84, Lots 28 & 29

The applicant’s proposed building A site plan revision will add three 1‐bedroom condominium units to the total residential complex. Engineer designed plans, dated April 7, 2008 by Anderson Engineering and March 18, 2016 by Frank C. Magnotta have been approved for the sanitary system and will accommodate the additional wastewater design flow.

It is recommended that the applicant’s proposed site plan revision be approved with the following condition:

Prior to issuance of a certificate of occupancy for units A‐1 through A‐12, the property owner shall establish a septic system repair and replacement escrow fund in accordance with Water Pollution Control Authority regulations Section 228‐20 of the Town Code.”

“Guilford Planning and Zoning Commission, After the Tuesday Staff Meeting and the review of the latest site plan for 2445 Boston Post Road — 13 Summit Suite/The Mews, GFD would like to renew concerns of any landscaping (trees) that may be established in or around the Islands in front of the Town Houses. Previously, GFD has raised concerns over the potential height of plantings that are likely to interfere with GFD aerial laddering for victim rescue and tactical operations involving the upper levels of the structure. The site plan has not specifically identified the planting types in this area. I ask that the Planning and Zoning Commission consider this recommendation from GFD to prohibit tree plantings between the parking lot and the building (or new tree plantings in close proximity to the building) in order to provide accessibility for GFD aerial/ladder operations.

Please feel free to contact me with any questions,

WAYNE D. VETRE ASSISTANT FIRE CHIEF DEPUTY FIRE MARSHAL DEPUTY EMERGENCY MANAGEMENT DIRECTOR GUILFORD FIRE DEPARTMENT 390 CHURCH STREET GUILFORD, CT 06437 PHONE: 203‐453‐8056 FAX: 203‐453‐8005 CELL: 203‐868‐5585”

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Cmsr Hershman made the following motion Cmsr Johnson seconded:

Voted: That the Guilford Planning and Zoning Commission approve a Site Plan revision for 13 Summit Suite LLC at 2455 Boston Post Road, and 27 West Lake Avenue, Map 84, Lot 28 and 29 to convert commercial building to 2 residential units as shown on “The Mews of Guilford, Building B Site Plan Modification”, dated March 2016 revised to 6/7/16, prepared by Frank C. Magnotta, PE.

This application is approved with the following conditions; 1. Sightlines for all driveways be satisfactory to the Town Engineer.

The Commission unanimously voted to APPROVE this application based upon a finding that it conforms with the Zoning Code. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ APPLICATIONS RECEIVED

Ralph Galardi, 208 Shore Drive, Map 57, Lot 71, Zone R‐3; Special Permit, Accessory Structure on lot less than 10,000 sq ft §273‐15.G(Received and Set Public Hearing Date for 9/7/16 continued to 9/21/16 for Mandatory Second Public Hearing).

Richard D’Urso, 340 Rockland Road, Map 119, Lot 1A, Zone R‐8; Special Permit, Accessory Structure in excess of 750 sf to allow a 2400 sq ft garage. §273‐15. (Received and Set Public Hearing date of 9/7/16 to be continued to 9/21/16 for mandatory second Public Hearing).

Neil Dinerman, 2631 Durham Road, Map 105, Lot 2, Zone R‐8; Special Permit; “After the Fact” Accessory Apartment. §273‐15. (Received and Set Public Hearing date of 9/7/16 to be continued to 9/21/16 for mandatory second Public Hearing).

Jack Schafer, 146 Daniel Avenue, Map 10, Lot 163, Zone R‐2; Coastal Area Management Site Plan; Repair existing seawall above Coastal Jurisdiction Line. §273‐91 (Received and Set Public Hearing Date of 9/7/16)

Proposed Zoning Amendments regarding Definition of Coastal Resilience Height requirements. §274‐2 (Received and Set Public Hearing date of 9/7/16).

Proposed Zoning Amendment regarding Pet Boarding Facilities. Amend Zoning Code by adding to Table 5 “Line# 42 – Pet Boarding Facilities (see §273‐ 22 F)”as a Special Permit Use (SP) under the column “I‐2” (Received and Set Public Hearing date of 9/7/16).

New Manokamana LLC, 1004 Boston Post Road, Map 46, Lot, Zone PV; Site Plan Modification increase seating to a 36 Seat Restaurant. §273‐47 (Received)

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COMMITTEES

Discuss the appointment of 3 new members to the Planning Committee. The Commission voted unanimously to appoint Janice Plaziak to the Planning Committee. The Commission agreed to review the resumes for Richard Pappert & Colin Gordon and discuss at the 9/7 meeting.

APPROVAL OF BILLS

The Commission unanimously voted to APPROVE payment to Shore Publishing in the amount of $110.48.

OTHER

The Commission unanimously voted to APPROVE the Minutes from the July 20, 2016 Meeting.

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With no further business before the Commission and upon a motion by Chairman Cost and seconded by Commissioner Hershman, it was unanimously voted to adjourn the meeting of the Guilford Planning and Zoning Commission at approximately 11:15 pm.

Respectfully submitted,

Lisa Brewer Recording Secretary

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