PLANNING AN= D ZONING COMMISSION
REGULAR MEE= TING
A Regular Meeting was held by the Watertown Planning a=
nd
Zoning Commission on
=
1. =
Call Meeting to Order.
Chairman David E. Minnich called the regular meeting to
order at
=
2. =
Roll Call.
Regular Members Present: Mr. David E. Minnich, Chairman; Ms. Judith Wick, Vice-Chairman; Messrs. Michael E. Masayda, Secretary; Jeff Franson; Ronald Russ; Gary Martin; and Mark Tedesco.
Alternate Members Present: Messrs. James Lukasavage and Ray Rondeau.
Others Present: Ms. Ruth Mulcahy, Administrator of Land Use; and Mr. Charles Berger, Town Engineer.
=
3. =
Public Participation.
Mr. Ed Scovil= le, Licensed Professional Engineer and Land Surveyor – Addressed the Commission. He stated that he was reviewing the agenda and notice that ther= e is an application that their company has submitted that is not on the agenda, = so he would like to have the agenda amended to add the application for the acceptance.
Mr. Minnich noted that when they get later on in the a= genda after Public Participation, he will tell the Commission that they received today, that it was not in time for the agenda. They have 60 days to schedule the public hearing and that is the reason that it is not on the agenda. The agenda went out last Thursday = and not today.
Mr. Minnich asked for others to speak during Public Participation. There were no others.
Mr. Minnich said that he would like to suggest based o= n what they have heard this evening that they add to the agenda, Item 7-i, Special Permit for the Heritage Development Group for flood prone areas.
A motion was made by Mr. Franson and seconde= d by Mr. Tedesco to add to the agenda, Item 8-I Heritage Development for flood prone areas.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich said that Staff having talking to Mr. Bion= di regarding the appraisals for Bassett Hollow and Golden Acres, he had said t= hat in talking with them that they would move that up closer from the end of the agenda depending upon his arrival, so looking at the agenda, he asked membe= rs where they would like to put it? He suggested it be early, under Item 7.
Mr. Tedesco commented that Mr. Biondi is kind enough t= o be here at the Commission’s request and he would like to jump him right = up to the beginning, if possible.
Mr.Minnich asked for a motion to change Items 8-a and = 8-b to be Items 7-A-1 and 7-A-2.
A motion was made by Mr. Tedesco and seconde= d by Mr. Franson to move Items 8-A and 8-B to 7-A-1 and 7-A-2.
Mr. Minnich asked for further discussion. There was
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Ms. Wick said that she would like to add item on 9-H, discussion of the pending Konover application.
A motion was made by Ms. Wick and seconded by Mr. Tedesco to add Item 9-H, Discussion of the pending Konover Application = to the agenda.
Mr. Minnich asked, why would they want to add discussi= on application to the agenda when they haven’t even applied? Ms. Wick answered that it is because the application is pending and = she would like to take this time to discuss hiring a consultant which they talk= ed about before.
Mr. Martin asked if they can discuss that when the application comes in? Ms. Wick said, if the application comes in and they wait until the application comes= in, then you have your clock – your clock is ticking – if they know they are going to need to hire, she is not saying hire the person now but if you know you are going to need to hire someone, you ought to look at names, they ought to be interviewing people so that when the application comes in,= you are ready.
Mr. Minnich said that his thought process on that was = under the Chairman’s Report, he was going to suggest that the RT 262 Study Committee who has been working on this, could meet next Wednesday and to re= view these issues, as well as what they want this study to do, as well as how th= ey are going to go through a process and then be able to bring that back to the Commission, which would be before they are going to, it is his understandin= g, when they are going to apply. His understanding is that they are going to be coming in on March 7th. They have a meeting in between then and = so his thought was that the Study Committee would make a recommendation to the full Board at their special me= eting on February 21st.
Mr. Franson suggested they add the agenda item and if = it is answered under the Chairman’s Report, then they don’t need it. Mr. Minnich said, that is what he = is saying.
Mr. Minnich asked for further discussion. There was none. Mr. Minnich asked for t= hose in favor of adding Item 9-H to the agenda entitled: “Pending Konover Application.”
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed…
Mr. Minnich said that the vote is six in favor, one abstained. Mr. Martin abstained from voting.
Ms. Wick had wanted to add an item “J” whi= ch was a discussion of Articles 5, 6 and 2 – of the By-Laws - Mr. Minnich asked if she has langu= age for it? Ms. Wick said that it= has to do with the Article that ta= lks about the duties of the Chairman. Mr. Minnich asked if she has language for that? Ms. Wick said that she does not, s= he wants to discuss that section. Ms. Wick has the language for that but she does not want to put it in right now, she thought she would put it in when they discuss the others.
A mot= ion was made by Ms. Wick and seconded by Mr. Franson to add agenda item = 9-I Article V Section 2 – By-Laws.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
4. =
Communications and Bills.
= a. = APA Connecticut Planning January-March, 2007.
= b. = Council of Governments – A profile of the CNV= R: 2006.
= c. = CBA Education and Training Planning and Zoning, CT = Land Use Law for
Municipal Land Use Agencie=
s,
Boards and Commissions,
=
d. =
Memo
Mr. Minnich asked for comments.
Ms. Wick asked if everybody received the notice about = the Bar Association meeting? She = has been to probably 10 of these. They really are worthwhile. It is an all day Saturday but if p= eople can possibly see their way to do it, it is really valuable. Mr. Rondeau asked Ms. Mulcahy if s= he has any information to that she could send out to members? This will be held on the 17th= of March.
Mr. Minnich asked for further comments.
A motion was made by Mr. Masayda and seconde= d by Mr. Franson to place Item 4 – Communications and Bills on file.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
5. =
Meeting Minutes.
=
a. =
Continuation of public hearing from
=
b. =
Regular Meeting
= c. = Planning and Zoning Commission Sub-Committee Meeting December 6, 2006 for Economic Impact Study of Route 262 Development.
= d. = Meeting minutes Public Hearing January 3, 2007 Text Amendment to Zoning Regulations Article IV Section 43 General Requirements = Add Section 43.5 in the IR-200 Zone.
= e. = Meeting minutes Public Hearing January3, 2007 Public Hearing Special Permit #228 Heritage Development Age Restricted Condominium= s.
=
f. =
&nb=
sp;
Meeting Minutes, Regular Meeting
=
g. =
Meeting Minutes, Special Meeting
=
h. =
Motion sheet and meeting minutes Special Meeting Pu=
blic
Hearing,
=
i. =
&nb=
sp;
Special Meeting
=
j. =
&nb=
sp;
Motion sheet and meeting minutes Special Meeting
Mr. Minnich said, for purposes of unanimous consent, to approve the meeting minutes in Items 5a and 5b and 5d through i.
Ms. Wick said that she has one minor correction but she thinks on the December 6th, there was a reference to Mr. Pearley Grimes as Mr. “somebody Burns” and she thinks that could be a problem.
Mr. Minnich said, with the correction to “Burns&= #8221; to “Whatever that is on December 6th”, he asked if he can make that by unanimous consent, to approve the meeting minutes 5a and 5b and Items 5d to i.
Mr. Minnich said that hearing no objections, the minut= es are approved.
Mr. Minnich said that those on the RT 262 Study Commit= tee there are three members, they approve the meeting minutes of 5c.
A motion was made by Mr. Rondeau and seconde= d by Ms. Wick to approve Item 5c by the RT 262 Sub-Committee members.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich asked if there is any objection by unanimo=
us
consent, to approving the motion sheet of 5-j, the meeting of
Mr. Minnich announced that there being no objection, t=
he
motion sheet and meeting minutes of Special Meeting of
=
6. =
Staff Report.
Ms. Mulcahy had a couple of things that she wanted to = bring to the Commission’s attention. First of all, she has spoken with Joe Carlo of Kaestle Boos, the consulting firm working with the Town on the Swi= ft School Project and he has asked that athletic field lights and she sent him= the regulations and of course, the lighting regulations require nothing over 30 feet, which they cannot meet and they require down-lighting, so they thought about it and thought that the variance route would not be a desirable route to go because that would open= up variances to anyone coming in who wants a light over 30 feet, so she sugges= ted to him that they might pick up an amendment, tailored to a public facility = and she wanted to see if this is the route that the Commission would like her to pursue on this issue of having him come in with an amendment change, tailor= ed to a public facility, a school facility, for the Town, instead of opening up the idea of the variance route.
That is what she recommended to him and she said that = she would work with him if that was agreeable to the Commission on language to = come up with language for an amendment.
Ms. Mulcahy said that there are residences all along t= here and they talked about that and she asked him if there are alternatives to w= hat currently she knows is these huge lights, and also maybe tailoring an amend= ment to talk about restrictions because the athletic lights on the school are usually used only during the football season and then they go for baseball = in the summer, so this would be something that the Commission might want to ha= ve input, as well.
Ms. Wick commented that she would think that any amend= ment should be a special permit. Ms. Mulcahy said, definitely, special permit, b= ut the amendment would go through a regular amendment process so they could ch= ange that and do that process.
The next thing she wanted to ask about was, there is a convenience store going in at 15 Fern Hill Road, which is going from retail= to retail but the question that came up, and she just wanted to make sure that= she is on board on how this Commi= ssion would treat it, they are putting a convenience store in, they asked about having a deli with no tables or chairs and she said that that is usually a customary use in a convenience store, it is to the overall retail use, but = she wanted to make sure before – he is not installing that currently but = she told him that she would check with the Commission to make sure that that was agreeable to them that that is a customary use in a convenience store.
Mr. Tedesco asked about the lighting on that sign, he thought that was a question? Mr. Minnich said, before they go to that issue, let him make sure they are al= l in agreement with what Ms. Mulcahy just said – for purposes of unanimous consent, is there any disagreement that a deli is part of a convenience store? Ms. Wick said, as long= as there are no tables as represented here, yes. Mr. Minnich said, he is hearing no objection, so it is approved.
Ms. Mulcahy said that the final thing is quite interes= ting. She didn’t make copies of it but a gentleman submitted a zoning permi= t.
Mr. Minnich said that before they go there, Mr. Tedesc= o had a question on the lighting. Mr. Tedesco said that the sign that is up now is the lighting the way they have it, is it correct? Ms. Wick said that it was on the g= round before, she thinks and she thinks it was correct before, although she thinks they have added some outside lights on the north side of the building which were not there. Ms. Mulcahy asked if they would like her to check with them because they told her that they were not adding additional lighting. Mr. Tedesco said that the lighting= on the signs he does not think is correct and if Staff could look at it, he wo= uld appreciate it. Mr. Masayda sa= id that the lights for the sign should be just shining on the sign but it spil= ls off more than the sign. Mr. Tedesco thinks it just needs to be adjusted, th= at is all.
Mr. Masayda said that the light should be seen on the = sign.
Ms. Mulcahy said that the final thing she has as far as Commission consensus is this application for zoning pe= rmit for a structure, a wind mill. It is (inaudible) with blades – It is a structure and it is. Ms. Wick= said that she thinks they might want to look into amending the regulations to al= low it so that you have control over setbacks and all that and you have to prov= ide for a fall area and all that. Ms. Mulcahy said that if you go back to the f= all area, the part of this is, he in terms of the 30 foot regulation for the ki= te, he was going to apply for a variance because the blades go up higher than t= he 35 feet, so that was one of the things that he was going to have a problem = with and it is going to be the height. Ms. Mulcahy just had never received a zoning permit application for a windmill before and she wanted to make sure before she sent him through the process of getting a variance. Ms. Wick said that she would think they would be better off trying to provide f= or something like that in the regulations rather than having him go through a variance.
Mr. Franson said that he would agree. That would addre= ss and maybe open up ideas for other residents to pursue this. Ms. Mulcahy said th= at windmills were a source of power - Ms. Mulcahy is not sure that this gentleman wants to do this now and= she is not sure about his – in terms of waiting for an amendment process.= Ms. Wick said, the thing is, if he goes for a variance, are they likely to requ= ire that it meet setbacks, that there be a fall zone – all of those things that she thinks should be addressed which is why she thinks – she does not have an objection to considering this as an amendment, but she thinks it will be better to come = from this Commission because she does not think ZBA would necessarily deal with = all those issues. Ms. Mulcahy said that she does not think so, either. Ms. Mulcahy asked if the Commission would like to generate an amendment that comes from the Commission? Ms. Wick answered, yes. Ms. Wick asked if COG would have s= ome information on this? Ms. Mulc= ahy said that he was going to be able to meet the regulations before but when he got to the fall zone he needs extra height to go in that area.
The final thing that she wanted to make the Commission= aware of it, she has completed all the forms for the disposal of the records and filled all those out, she did get the Town Manager’s signature and th= ey have been sent to the State, so they are ready to go.
=
7. =
Articles on Agenda.
=
a. =
Applicant: Bob Houlihan, Heritage Development Group,
Re: Age Restricted Planned Residential Development at
Mr. Minn= ich said that the applicant is not pre= sent and he asked for a motion
A motion was made by Ms. Wick and seconded by Mr. Russ to table action on the application.
Mr. Minnich asked for further discussion. There was none.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich said that the next item on the agenda whic= h was 8A and 8B with Mr. Biondi.
Mr. Minnich said that he would like to set the context= of why they invited Mr. Biondi to come and he thanked him very much for coming= . As he knows, the Commission has been a party of two, as well as the applicant for him to conduct several appraisals for the Town and for the open space or monies in lieu of open space and on the two appraisals that they have asked him to come to review, they first wanted to see if he could go through what the general process is that they do those and then if he could be sort of specific on at least one of these, in terms of how he got his comparables, etc. but he thinks there first needs to be an understanding in general, how he goes about getting the appraisals that he does.
Mr. Biondi thanked Mr. Minnich and membe=
rs of
the Commission. When he as first asked to perform one of these appraisals f=
or
the payment in lieu, he spoke with then Ms. Mary Barton and discussed with =
her
the general understanding of the Statute which governs this and he reviewed=
it
and went over it specifically with her so he would understand what was the
spirit, as well as the intent of the valuation process in relation to this
payment. He also consulted with now Town Counsel Franklin Pilicy, Attorney =
Paul
Jessell and he has also through other work that he has done, spoken with
Attorney Gail McTaggert. He thinks these three individuals certainly are
knowledgeable in land use planning, zoning, variance work and his understan=
ding
from talking to them and the review of the Statutes is that this appraisal =
is
to be performed to estimate the fair market value of the land to be subdivi=
ded
prior to the approval of the subdivision that is reading directly from the =
Town
Planning and Zoning Ordinances and that is pretty much verbatim from the St=
ate
Statutes. In conversations wi=
th Ms.
Barton, the attorneys, he came to the conclusion that he was to be estimati=
ng
work, commonly referred in the real world to be raw land value. It is, what
would someone likely pay in cash to purchase a piece of property simply by
looking at the available records, perhaps a survey; and walking the propert=
y.
That is his understanding of what the appraisal is to be. Within that valuation parameter th=
en, he
began to secure sales information for
land that was purchased this way, without any approvals, any options,
land planning, surveying, wetlands flagging, applications to the panel, the
repeated hearings and the whole what they commonly refer to as the approval
process. Thirty-one years in =
the
real estate and real estate appraisal business and in dealing with develope=
rs,
he had one clear understanding at the start , no developer pays much for the unknown and when you =
buy a
piece of land in a raw state you are literally buying the unknown because y=
ou
just don’t know exactly what you can do with the property, so
essentially, values are low, discounted and in order to protect themselves
against what they don’t know about the parcel and in Watertown, there=
has
not been that many sales of land where it was purchased totally unapproved.=
The
two most recent sales are in his appraisal report, a parcel of land on
He has also looked at other sales of land in surroundi=
ng
towns that were purchased without any subdivision approval in a raw state. =
The
typical range of values that he saw was between $10,000 and $15,000 per acre
for these types of transactions, using that as a basis, he then compared th=
at
information to the pertinent features of each of these properties, as well =
as
the other properties that he has appraised for the in lieu payment. The values that he applied here we=
re
between $12,000 and $12,500 per acre based on the size of the property. Looking at the parcel on
Mr. Minnich asked if he had gone through the two indiv=
idual
– Mr. Biondi said, “Yes.” Mr. Minnich said that he has them
essentially by their address,
Mr. Minnich asked if there were any questions from mem= bers of the Commission on this?
Ms. Wick said that all of those properties have sold within the last year to a developer = who bought them or at least committed to buying them before he had all of the approvals and the price that he paid was considerably higher than your appraisal, so that leads her to think, isn’t fair market value what s= omebody is going to pay for the raw land? The other point is that the two, she didn’t know the property = that well in the other communities that he looked at but the one in Watertown is= on Old Baird Road with an unimproved road next to the dump that has some issues with contamination. The other one is on a road and the property has steep, steep slopes, so she certainly as a lay person in this, she would look at t= hose two pieces and think they were not worth anything that Hollow and Golden Ac= res were.
Mr. Biondi said, if he could address her points, as fa= r as the price paid, he is not aware of the price that he is referring to Mr. Strachan, but his understanding from talking to him here tonight before they were kind enough to move him up on the agenda and when he was completing the assignment is that his prices are negotiated based upon the approval proces= s so he does not see how that is comparable to what he is asked to do as viewing= it prior to when any approvals are put in place. Again, confirming that theory= and understanding of the paramete= rs of his value assignment with attorneys who have practice and have appeared bef= ore this Board on many occasions. Ms. Wick said, so then he will just weigh off, is that what he is saying? Mr. Biondi said, no, he strongly d= isagrees with that. Within the confines of the assignment and the value that he is a= sked to express, he strongly states that his value is reasonable and appropriate. His price reflects his knowledge of what he is going to be able to do with = this property after the approvals are received. He knows what his subdivision is. Mr. Biondi is looking at this land as just what it is, parcels sitting ther= e. He doesn’t know anything more than it is so many acres, when he looks= at soil maps he will look at Town records, he will look at old deeds, he will = ask knowledgeable land owners, developers, the Assessor, do you know anything a= bout wetlands, has anyone been in to try to land plan this property, do you know anything about it? He has met= Ms. Mulcahy when he was in on another assignment and spoke to Mary Barton on ma= ny occasions when he was valuing lands in Town. He takes due diligence, but the parameters of this assignment dictate that the property be looked at in a v= ery conservative light because you do not know what you can do with this proper= ty. All you know is about how big it is and what you might be able to do under zoning but the variables in terms of the approval process are so immense th= at you just can’t take a chance of spending a lot of money to purchase t= he unknown. You may buy a problem,you may not be able to get five lots out of = 30 acres because of wetlands or = soils for perking, you don’ t know until it is all taken care of.
Mr. Masayda said that in the end, it seems like he is assuming a negative value for his unknown, versus it could be a positive va= lue, too. Mr. Biondi said, that is always a possibility but customs and practices and the actions of developers indicates that looking at raw land they look = at it from a very conservative light because of the difficulties of getting approvals in any community in CT, not unique to Watertown, all towns are ve= ry cautious about approving subdivisions.&nbs= p; There are issues with neighbors about new homes and traffic. There is the Planning and Zoning. There is the Inland-Wetlands. Without public utilities, there is the sanitary issues.These are all great unknowns. He is= not being negative. He is reflecting the recognition on the part of developers, those individuals who actually write a check and purchase property of the variables and their unwillingness to assume a tremendous amount of risk. Th= ey would much rather look at property knowing what its potential is and that includes all of the engineering and land planning, the approval process. He= is trying not to be repetitive but he is trying to reflect what the developer thinks.
Mr. Minnich said that he has listened very carefully t= o the list of things that Mr. Biondi said were known quantities and perhaps it was probably just assumed by him that there was another known quantity or one of the ones that he knew that he knew, was what the sales price was of that property, that is also part of this, so from his brief knowledge of reviewi= ng these things in the past and working through these, one of the issues obviously here is that the buildings need to be taken off the property in terms of value of land. When you take a look at these part= icular areas and you don’t have the kind of buildings, so he guess he kind of shares a discussion that they had before and maybe he can comment on this. Regarding those variables to which he really doesn’t know and he have said he assumes on a conservative side, would he not take into account the = fact that if someone paid a price for something after he has done his review of = this before it finally gets into writing, would he not then assume that some of these variables to which would make the land more worthwhile, the person who purchased the property on a fair basis and he has to make that determination too, wouldn’t that then give him some indication as to not taking the exact conservative side but taking more a practical side to what the buyer = had looked at in terms of that property in the end.
Mr. Biondi said, that it would be possible to determin= e if it was reflective of what has been his understanding of the appraisal, what they call the appraisal problem or the valuation process but again, looking= at what Mr. Strachan may pay or what has been paid for other approved subdivisions, it is a very, very significantly different number and that has been historically observed by him and other appraisers in this area. Some f= olks will say, I would pay more, s= ome would say, I would pay less, some do not buy anything unless all of the approvals have been received, so looking at what he is asked to do, there is always judgment on an appraisers part, it is a judgmental profession. You are trying to analyze and inte= rpret what the participants in the market or in this instance, raw, unapproved la= nd, what their actions are in coming to a final price and then creating a value.
Mr. Minnich said that he understands and he is the exp= ert, Mr. Minnich is not and he does not intend to be the one that is the expert = in this, but he makes that very same comment just to be repetitive and to leav= e it there because he does not think there needs to be more conversation on it b= ut he just thinks when you have the raw land and done your valuation and you k= now what somebody has paid for it and you are trying to be on the conservative side, which is fine and appropriate, that is how you folks in the profession do, there ought to be some consideration to the other amenities on the prop= erty of a raw land property to which would have a consideration for him in adjus= ting his values as he says and that is the point he is trying to make and he will leave it at that. Mr. Biondi said that part of it is the greyness of the language in the State Statute and in turn, the way it is shown in the regulations and the interpretations have, leaving out any amenity from the structures on= site and then looking at it prior to any approval. Once a price is paid with approvals, it really dramatically changes the marketability and the value o= f a parcel of land, that very same 29 acres.&n= bsp; Mr.Minnich said, but he hears what he is saying? Mr. Biondi said that he understand= s what he is saying but he has given the way of the Statute as it is written and t= he interpretations, he doesn’t want to say legal opinions, but certainly, interpretations from members of the legal profession and who are active in = the practice of planning and zoning and land use that has definitely set what he feels are the parameters for the work that he does in this type of evaluati= on assignment.
Mr. Minnich said that he just would comment, he does not necessarily share with hi= m or agree with him of getting advice from all three of those individuals, those lawyers that he mentioned, he won’t accept their advice as all three = of them, he won’t indicate which ones.
Mr. Tedesco said, just so the Board knows, he does kno= w Mr. Biondi quite well, he is a friend, he has used him on appraisal services an= d he considers him one of the best in the area and it is always good to get some= body from the area to evaluate properties instead of an out-of-towner coming in, that is really when you get into some trouble but put the compliment aside = now - Let’s talk about that particular piece. First of all, the bottom piece which is the Bassett one, = he thinks that is undervalued a little bit but he is willing to accept that. T= he other one on Golden Acres, that is the one for $350,000. He does have a pro= blem with that and he knows 30 years of analyzing the property and one of the few perks he thinks this Board has of having a developer on there are very few perks is himself, he has had 30 years of buying the same property that they= are analyzing and it just so happens the particular piece that they are talking about and he does not mind divulging numbers with his, he will not divulge = any numbers of Mr. Strachan, that is his private information but he knows as a developer, he offered cash deal for that piece of property, $650,000 and he knows Mr. Strachan paid much more than that with contingencies. His $650,000 was with no contingencies, it was raw land like he is saying and his analys= is, again, as the guy who has to roll the dice and buy it, to him, all day long that piece is worth $500,000,= all day long and again, he is not going to say he made a mistake because he has= the credentials but he thinks it is worth quite a bit more than $350,000 and you have to realize, Mr. Strachan used this as a bargaining chip because some of his open space was a little questionable and he brought it to the Board that there is something else they can come across with and he came up with this deal, 5% of a donation which was accepted by this Board but he thinks this Board felt that we were going to get a little bit more money for open land space than $350,000 appraised value which really comes up to he thinks, $15= ,000 which really isn’t much and that is his only beef here.
Mr. Biondi said that he respectfully understands his
comments Mr. Tedesco, and the only thing he can say to part answer, No. 1, =
he
has more than a certain amount of
knowledge and technical expertise about what would be the likelihood=
of
the outcome of his purchasing the property and being able to bring it to the
highest and best use which would be to subdivide the property, so perhaps
pricing is reflective of his particular track record here in Watertown .
Mr. Minnich asked for other comments from members of t= he Commission. Mr. Minnich asked= Mr. Strachan if there were any comments he wished to make. There were none.
Mr. Biondi said that he would like to thank the member= s of the Commission for their confidence in him and he is available if there is anything else.
Mr. Eric Stra=
chan,
Principal owner of
Mr. Minnich asked for other comments? It was stated that Mr. Strachan sh= ould be thanked, it is the right thing to do.
Mr. Minnich said to Mr. Biondi, he thinks he does spea= k in their conversations before with other members of the Commission in terms of some of the direction that he had mentioned to him with regards to looking = at what the sale price is – in this case it was pretty much raw land, th= at is pretty much what it was and he does think that there is a value to those other amendments or those other amenities that should and rightfully, shoul= d as they also would agree, should be part of the property but because you don’t know what those are, you assume that they are not very much and= he is not certain that a lot of research needs to go into to see if there are footpaths or anything else, but he does think and any members of the Commis= sion can speak up on this, he does think that that does have a value and when th= ere is a sale price that is so different from what he has put in as an appraisal guide for raw land, he thinks that ought to be a consideration for him in h= is subjective analysis at that point of increasing the price or the appraisal, some number different.
Mr. Biondi said that there may also, given the activit= y here in Town, there may also be enough transactions to look at some type of corr= elation and perhaps study the prices paid once all the approvals are granted and perhaps discuss with Mr. Strachan, his thinking, again, Commissioner Tedesc= o, Pat Graziano, Mark Lovely, other individuals who are developing here in Town and perhaps get an ever better understanding of what their price points are= and what their issues are. He feels he has endeavored to do that and absent the transactions t= hat demonstrate a different value, he thinks it is going to have to be even more judgmental. His concern is that the more judgmental the appraisal process becomes, the more open to doubt comes and again, there has never been any direction here. He began doing these at the request of Ms. Barton when she = was the officer and he knows that is not what they are saying but he can only suggest to them that he will take into account and in his understanding and knowledge, the action of a Commission like this, which has a direct impact = on use of land here in the community.
Mr. Minnich thanked Mr. Biondi and asked if there were= any other comments from members of the Commission?
Mr. Minnich said that there is a motion which needs to= be made as part of this agenda item to accept the appraisal for Bassett Hollow Subdivision as presented by Mr. Biondi.
A motion was made by Mr. Tedesco and seconde= d by Mr. Franson to accept the appraisal for Bassett Hollow Subdivision as presented by Mr. Biondi.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich said that next is a two-fold motion to acc= ept the appraisals for Golden Acres Subdivision by Mr. Biondi and also to accept the fee in lieu of open space as presented by Mr. Strachan for a fee in lie= u of open space of $25,000.
A motion was made by Mr. Tedesco and seconde= d by Mr. Franson to accept the appraisals for Golden Acres Subdivision by Mr. Biondi and also to accept the fee in lieu of open space as presented by Mr. Strachan for a fee of $25,000.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
b. =
Applicant: Joyce Smillie, d/b/a The Open Space Re:
Reinstatement of previous special permit for educational philanthropic
institution at
Attorney John
Kleeman, representing the applicant, Joyce Smillie who is here with him
tonight, addressed the Commission.
The property is actually also owned by here mother, Ad= ele Smillie jointly and the corporation which would operate the facility is LaPaloma, Inc, so they are all named as the applicants. He does not know how much the Commission wants him to talk tonight about this – they are j= ust submitting the application. As most know, they have been here before. They withdrew their special permit at the request of the Commission before becau= se it had originally been conditioned on applying to all of the properties that the Smillie’s owned on Butternut Lane and when she sold the 17 acres about a year or so ago, they were asked to withdraw, and they did and they would like to submit a new application which mentions new terms and he is h= appy to go through as much or as little of that if the Commission wants.
Mr. Minnich suggested they save a lot of that for the = public hearing, but it is in line with what he had presented before, is that correct? Attorney Kleeman sai= d that it is. It is actually reduced from what they have had before. He attached a fairly lengthy description of the propose= d use and the history of the property, so he tried to put as much in writing as he could for the Commission’s benefit.
Mr. Minnich asked for a motion to set a public hearing= .
A motion was made by Ms. Wick and seconded by
Mr. Franson to set a public hearing for Joyce Smillie, d/b/a The Open Space=
, at
Mr. Minnich commented that he is curious and the reaso= n he is curious is because two weeks ago, or whatever, a few weeks ago, Mr. Fran= son made a comment and they had kind of an informal consensus that when they ha= ve new applications, that it would be their first regular meeting, that is when they would do this and then they would then continue this. Ms. Wick said, but they have to ha= ve a public hearing. Mr. Minnich asked, so why isn’t it on a regular meeti= ng? Ms. Wick asked, why would they hav= e the public hearing, she can guarantee that this public hearing is going to take= a long time because she knows the neighbors are going to come out wanting particulars and so what she is trying to say is, to not set the public hear= ing before the regular meeting.
Mr. Minnich said that he guesses his general comment o=
f all
of these is, they really don’t know what is going to be on all of the=
se
meetings and one of the issues that they have always had is try to do it so
they get out of here before 1=
1:00
o’clock and they have committed themselves if they need to have a sec=
ond
meeting, they will. Ms. Wick said, how many people have been sitting here s=
ince
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Ms. Wick said that she would like to request of Ms. Mu= lcahy that she knows there has got to be a file on this so that at least those Commissioners who were not here for the whole process, but it would probabl= y be a refresher for everybody – Ms. Mulcahy asked if she would like them = to send out the minutes and permits that were issued? Ms. Wick said, just the minutes th= at apply – she thinks some of the minutes would be appropriate, it would= be important to know what was discussed.
Mr. Martin said, just the minutes that relate to this = piece of property because they had a ton of minutes on the separation but he does= not know if Ms. Mulcahy is going to understand it. Ms. Wick said, it is just the minutes relating to what was done on this property. This will be Special Permit #108.<= /p>
c. = Paula Labonte, YMCA – Re: Review and amend Special Permit #204 to a permane= nt authorization of 500 campers/100 staff at Camp Mataucha, Smith Pond Road, in R-90 Zone.
Mr. Chris (inaudible) of YMCA. Just a very brief history. Four years ago they = came in front of the Commission and Inland-Wetlands and spoke about a master plan for camp at the request of members and they had an architectural plan done = and had it approved and in March of 2005 they came to the final approval as par= t of that was to expand the camp to accommodate 500 campers and 100 staff in the future. The discussion came up during the last meeting, actually,kind of went into a couple of different a= reas outside of the use of the application, which included, they have had rental= s in the past and then also there is an article in the paper about they were hav= ing the Water/Oak teens come out and that became of particular interest to the committee, so the committee had asked them to do a couple of things, restri= ct the music, acquire or attempt to acquire land use of the adjoining property= and to make sure that they held to the Committee’s requirements related to the noise, so they would have a t= wo year trial period to see how they did when they grew and report back to the Commit= tee on all these issues before they would give the final approval, so tonight, he = is here to update members on those it= ems.
The first is,not only did they acquire land use, they actually acquired the property next to them. They purchased 11 acres from M= ark Sullivan, which that has been done, so they now own that land. They have not had any other teen nights really, since that one, it was a very flash in the pan type thing and they haven’t done it and then they really don̵= 7;t have any music at the camp any more for rentals. They do occasional rental, they have actually re-done their entire rental structure and focused primar= ily on the day camp operation that they run. They think they h= ave met all the requirements and will answer any questions members may have abo= ut the operations.
Mr. Minnich asked if the Commission wants to set a pub= lic hearing for this? Ms. Wick said that she does not think they need it. Mr. Minnich does not think they do= but he is asking the question if they want to set a public hearing.
Mr. Rondeau asked if he is requesting additional campe= rs now, or are they just bringing the Commission up to date? Mr. Chris (inaudible) said that his interpretation was that they would be granted, because the master plan was approved to accommodate 500 and spend all the money renovating the facility= to accommodate the 500 but the r= equest of the Commission was to see how their growth was under the new conditions = and then report back and if it was satisfactory, the approval would be granted = at this time. He is just here to say they have met all the requirements.
Mr. Rondeau said, if they are requesting approval he t= hinks they should have a public hearing – the neighbors should have an opportunity to voice whether they have actually done the things that should= be done.
Mr. Minnich asked, what do other members feel about the public hearing? Do they need = to have one, or not? Mr. Franson= said that probably they won’t get anyone to come but at least it keeps the Commission clean by those people making the offer and if they have done as = well as they say they have done, it probably would be a very quick public hearing and a non-issue.
Mr. Masayda said that he is in favor of a public heari= ng. It was presented before and they had a public hearing. Mr. Franson said, the o= nly thing is, they have expanded from where they were, they purchased more acre= age and if they schedule it, nobody comes, it is a done deal. Mr. Martin said t= hat when they say they built more buildings, the Commission knows these buildin= gs are built they were in front of the Commission to build them. Ms. Wick said, but they got that approval before the camp was = up and running with those buildings and the new parking area and the entry and exi= t, all of that was part of that approval, so now with it in place -
Mr. Minnich asked for a motion to set a public hearing= at the Chairman’s disretion.
A motion was made by Mr. Masayda and seconde= d by Mr. Franson to schedule a public hearing for the YMCA special permit application #204, at the Chairman’s discretion.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Ms. Wick had a comment, she was just asking, if they w= ere going to have a public hearing if are doing anything with the property next= to him? Mr. (inaudible) answered= that they have limited interaction with them at this time, they are not really d= oing much with the property, they own it, they consider it to be part of the chu= rch but they haven’t done anything. The YMCA has opened an office to them= and they have partnerships and exchange use of land and so far, nothing is goin= g to happen. They actually have been quite satisfied with getting the land on the other side, it is much more conducive for operations.
=
c. =
Applicant:
Robert and Tracey Colonair, Re:
Mr. Robert Co= lonair and his wife Tracey Colonair addressed the Commission. Mr. Colonair sta= ted that they are before the Commission tonight to ask for a lot line revision.= They own Lot No. 10 on Bellmeadow Drive and just to give a very, very brief history, they started w= ith a certain builder and a house. After many discussion with their builder, they decided not to go with him. Unfortunately for them, their house plans were copywrited so they needed another house.They got another house and another builder, kept the same surveyor.At the point of plotting out their property what they did was, they asked for a new plot plan so that they could make s= ure that all their ducks were in a row for a house and they told them on a numb= er of occasions that they do it in the field all the time and it is fine and don’t worry, don’t worry = and his wife said, for $400, they will do the plan and they said, don’t w= orry and to make a long story short - they staked the wrong house where they are three feet over the setba= ck line in the back corner, Lot No. 11 is owned by Tom and Ann Wynn, if he may bring this to the Commission. This is an agreement between them and the Wynn’s that they agree with the lot line transfer.
Ms. Colonair said that they basically gave them 245 fe= et of property at what would be their northern boundary which on the lower end, t= he Colonair’s took 245 feet and gave them 245 feet because it is a diagonal, it is kind of nicer= for them, it gives them back some of their lawn and it put their house back to code.
A motion was made by Mr. Masayda and seconded by=
Mr.
Tedesco to approve the lot line revision adjustment for
Mr. Minnich asked for further discussion. There was no further discussion.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
d. =
Applicant:
Joseph Polletta re: Zoning Board of Appeals Referral – Expansi=
on
of a non-conforming use
Mr. Joseph Po=
lletta,
Mr.Minnich asked if there are any comments from member= s of the Commission?
Mr. Tedesco said, he had one. In other words, he sort of did wha= t he was supposed to do, he made t= he good example and he feels because of the zone change afterwards, it sort of blindsided him. Mr. Polletta answered, “Exactly”. This Board can’t do anything. He is saying that normally, usua= lly, they used to send a letter of recommendation to the Zoning Board of Appeals= to say that they don’t recommend an expansion of non-conforming. He is saying that his situation was different because he bought additional land, being encouraged by the Commis= sion with the intent that he could build on this, he followed the site plan. When the metal building was behind= his building, it was a little building with a flat roof and no asphalt or anyth= ing, Planning and Zoning made him put asphalt, striping, a new roof, new trees a= ll around and he did it because = as a Board member he wanted to set the example to everybody else but at the end,= he is stuck with it, so basically, that is what he is asking.
Mr. Minnich asked if there are comments from other mem= bers of the Commission?
Mr. Martin commented, when a piece of land is changed =
from
one zone to another, doesn’t that piece, if it was purchased under a
certain standard, remain grandfathered?&nb=
sp;
Ms. Wick answered, “Yes.” She said that you have a pre-exist=
ing
non-conformity, but you can’t expand that non-conforming and she thin=
ks
there are two issues here. The
building is not non-conforming, she asked if that is correct? Ms. Wick asked this of Ms. Mulcahy=
. It was stated that it is
conforming. Ms. Wick said tha=
t the
building meets the setbacks of the zone.&n=
bsp;
He could put the addition on and still will be conforming, so what h=
e is
asking for, and the question that she is asking him, is he asking for a use
there? Is he looking to expan=
d his
business? Mr. Polletta said, =
right,
to expand his business. Ms. Wick asked, how would he define that expansion,=
in
other words, her understanding is that there are – Mr. Polletta said =
that
he is not expanding, he is intensifying, he is growing in other words. Ms. =
Wick
said, so if the business is growing in its natural course, then that is not=
an
expansion. She would think th=
at the
Commission would need to know what the uses of this building area. Mr. Polletta said that when he bou=
ght
it, the body shop, they had a mechanic that had a car wash, they had a radiator
shop, he got rid of all these people, now he has no metal buildings, everyt=
hing
is clean, he has all contractors, he has a limousine service, print shop, i=
t is
a clean place. He is there every day, he lives there, so his point is that =
he
would like this Commission to send a letter to the Zoning Board of Appeals.=
Ms. Wick said that she looked at t=
his
application and it says for the structure, as well and that is why – =
it
says: “non-conforming – it says, something, a building and
non-conforming use” but if the building is not non-conforming, it is =
the
use that is non-conforming. Mr. Polletta answered, “exactly.”
Mr. Polletta said that basically, what he is asking is=
that
the recommendation, instead of saying denying the application, just tell th=
em
– Ms. Wick said that what he can do is ask ZBA to determine whether t=
his
is an expansion or an intensification. Ms. Mulcahy said that it has already
been advertised – unless Mr. Polletta would like to delay his hearing
because then it would be another month – Mr. Polletta said that he
does not want to delay it.
Mr. Polletta said that they were asked already and he = gave them that answer. The problem is that there are too many people in the neig= hborhood that moved around within a year – one person told him that he does not cut the grass, they are going crazy and&nb= sp; he is just saying that he needs a hand from some people of this Board were there when they encouraged that them to buy land and he does not know = if Ms. Wick remembers. Ms. Mulca= hy said, in the packet, if you read Article 71.6, this is what the process Mr. Polletta is trying to conform with, it says: “no use variance shall be granted by the Zoning Board of Appeals which would permit…” and= then it goes on to say, “…an expansion …” and the expans= ion of a non-conforming use – and this is what they have done in the past, that is why she included what is basically taking the information and she h= as a letter in there that was sent on the last two expansions of the building. As they can see from the memo and this was already discussed, that he was granted an addition in 1994. M= r. Polletta said, that was when he removed the metal building and he put in ex= actly the same square feet on this. Ms. Mulcahy continued by saying that she just included the letter from 1998 because it was the same one used in 1994, the Planning and Zoning Commissio= n of the Town of Watertown has reviewed Mr. Polletta’s request for a varia= nce to expand a non-conforming structure and use in accordance…that is wh= at he applied for again on the Zoning Board of Appeals application and this mentions: “…the Planning and Zoning Commission…” he took the language right out of the language, the language was taken right o= ut of the regulations. This is his copy out of the regulations.
Mr. Minnich asked, so he is expanding his current use?= Ms. Wick commented, no, she said, = that is the whole point, is he expanding it?&nb= sp; Mr. Minnich said that he really thinks it is a starting point. Mr. Polletta needs to tell the Commission what he is doing and he thinks he hea= rd him but maybe he can tell them – Mr. Polletta answered that he is intensifying for which he is growing. Mr. Minnich said, he is expanding his business. Mr. Polletta said that this is correct. Mr. Masayda asked, will the expans= ion make it non-conforming, that is what he wants to know – would the expansion make it non-conforming? Mr. Polletta said, it is a non-conforming. Mr. Masayda said that they went th= rough the whole Plan of Development last week and in there it talks about multiple businesses in one building – encroachment and residential and from commercial to residential and vise-versa, residential into commercial, so he does not know. Mr. Polletta s= aid that the building is conforming. It is the use. The building is conforming. Mr. Ro= ndeau asked, the addition that he wants to put on, is he intending to rent that o= ut as another facility? Mr. Poll= etta said that he wants to move in there because right now he has trucks outside= and things like that. Ms. Wick as= ked, if he moves in there, there are going to be other space that some of the ot= her businesses would expand into? If he moves from where he is? Mr. Polletta answered, “No.” He said that those places are already fire-walled and everything, they are done. Ms. Wick said, so he is talking about taking equipment that he has trucks that he has that he is going to p= ut in this building? Mr. Polletta answered, “Yes, trucks plus his material in his business.” Mr. Tedesco said, he is still goin= g to keep where he is now for himself? Mr. Polletta answere= d, “Yes.” Mr. Martin= said that he is not expanding, this is strictly his company. Mr. Polletta said that wherever he= is now -
Mr. Minnich said that this is an important issue. They= have to determine here whether he is requesting an expansion of a current use and from what he = is hearing in his responses, etc. that he is saying that this is an expansion<= span style=3D'mso-spacerun:yes'> of his current use, is that correct? Mr. Polletta answere= d, “exactly.” Mr. Mi= nnich said, then that settles that. Ms. Mulcahy said, it is the same thing that they did in the past in 1994 and 19= 98 and it just requires the referral to the Zoning Board of Appeals. He just doesn’t want his hearing delayed in the Zoning Board of Appeals. Mr. Polletta said, the only thing i= s, if the Planning and Zoning says the application, they are probably going to de= ny him because there are a lot of people against but the bottom line is this, = he had the IG-80 before the zone change. He owned the IG-80 before and then he made it more conforming so the only thing he is saying is, if he came up wi= th this addition and then let him have the last lot back and make it R-G, beca= use right now they are both combi= ned together.
Mr. Minnich said, from his own review – Mr. Poll= etta said, otherwise he has to come back and get a lot line out of it – he= is meeting the regulations without this lot.&= nbsp; Mr. Minnich said that = his own review and this is he as an individual on the Commission, individuals w= ill speak for themselves, if he had said this was an expansion of the current u= se and we don’t prohibit the expansion of the current use; therefore, th= ey will need to write a letter similar to what they had written before.
Mr. Minnich asked if there were other comments?
Mr. Tedesco said, he feels if it is a grey area, the T= own is trying to promote business and that is what he is trying to do, to expand, productive, economic business, he thinks it should go toward Mr. Polletta’s way regarding that. If the have to pick a fine line here, = he thinks it should go toward the business man. Mr. Minnich said that he would only suggest and in keeping with the comments that he has made that is indeed tr= ue and he thinks they all would agree, but the issue in this particular circumstance which they are talking about is in a residential neighborhood = so there is another piece to that whole issue that there are residents that are affected. Mr. Tedesco comment= ed that he thinks his neighbors, he asked, are all his neighbors residential?<= span style=3D'mso-spacerun:yes'> Mr. Polletta answered, yes, most of them, they are all residential. It was changed to residential before it was= an IG-80, then it was changed, so his point is that, this is the Zoning Board = of Appeals issue, if he buys a non-conforming use and then he does not think he should expand because he is buying something that is not conforming, but if= he bought it before, if he had it before, then he thinks the Zoning Board of Appeals should not listen to the people that says this guy had it before, b= ut they are going to look from Planning and Zoning they are looking to get a letter from Planning and Zoning and recommending, and he is saying is, if Planning and Zoning cannot use this, he is asking for the last lot that he = put into the IG-80 if he could take that lot and put it back to R-G.
Mr. Minnich said that he can try to come back and ask for that but the whole bas= is of the Zoning Board in previous who many of us being on here, changed the zone= was it wanting to change its use and change what is allowed there and therefore from his viewpoint, he has gone to ZBA on two occasions and he got expansions on two occasions for that and he wou= ld assume, for the building and the use, he does not know that and he is not trying to determine that but right now, he is asking to expand the use to something that this Board has already considered in that particular zone, t= hey don’t want so he can’t in his mind, support if he said it is fo= r an expansion of a use or something the Board has determined previously, should= not be done. That is how he comes= down on this.
Ms. Wick asked, if she can make a suggestion Mr. Polle= tta, she does think there is a legal fine line between intensification and expan= sion and there are legal precedents that go with that issue specifically and she would suggest that he talk to an attorney.= Mr. Polletta said that he understands that, what he is before this B= oard tonight is, he is saying, he combined two lots to make this IG-80 conforming which he purchased before with the recommendation of the Planning and Zonin= g. What he is saying is, he removed the metal building which was in the back a= nd he put it next to the masonry building, he is saying, if he took the last l= ot and leave it RG- take it out of the IG-80. Right now, he has both lots and = he can use the land. He is before this Board again and has to take the last lot and he has to move it out of the IG-80, so he wants to get input from this Board.
Mr. Minnich said that he does hear that but the issue = is, that is not what is before the Commission.= Mr. Polletta said that he understands – Mr. Minnich said that = what is before the Commission is what they have to act on, what he wants to do elsewhere and once again, he feels quite strongly, this Commission has deci= ded that this should really not be in the neighborhood. On two occasions the ZBA has not concurred with the Commission’s statement. Mr. Polletta said, there was only one. Mr. Minni= ch said twice before and there comes a point when we have decided that they don’t want this expansion in a residential neighborhood and when ZBA = does do this, he certainly is one to say, we need to look at our regulations tightening up because three times ZBA is thinking about or considering expanding the use to which the Commission&= nbsp; had said they don’t want, he thinks is wrong, so he is going to wait to see what ZBA does, they can make a recommendation here, but he certainly at this point thinking the Commission needs to look at our regulations again. Mr. Martin= said that he generally goes back to the fact that it was an IG-80 and have we changed the zone on him but he doesn’t have a right to IG-80 forever?= He only has a right to what the Commission says the zone is. What they are saying is that the z= one could never get changed. Ms. = Wick said that these buildings existed before zoning and when they first put zon= ing in, they took every area where there was an industrial type building, they = made that IG-80 rather than work in the neighborhood and what they have done over the years is the same as they did on Falls Avenue, they took all that IG-80= out of Falls Avenue and made it R-12.5 now.&nb= sp; Eventually, you want to move towards more conforming is what you are looking to do. Mr. Polletta s= aid that basically he just wants to ask one question.
Mr. Minnich said, following the logic that he gave, th= en what has originally been established as a zone, this Commission should never change. Mr. Martin said, the = area around his change, but it is a business that sits there, he just finds that= what they are doing is, they are t= aking a business that is existing and they are saying, “You can’t do a thing with this.” Mr. Polletta said that the Board at this time has to send a recommendation sayi= ng that it does not favor the expansion?
Mr. Minnich asked for other comments from members of t= he Commission? Mr. Russ said tha= t he would take into consideration where this building is, what abuts this build= ing, this old Sealy building and then all the frontage commercial property that = is down on Main Street on the other side of it. Across the street there are th= ree homes and since this was an IR-80 and it has been in this instance and it w= as changed to residential for whatever reason, the building still exists, the building was expanded and the business is growing, he thinks there is no re= ason why they shouldn’t encourage this business to exist.
Mr. Minnich said that it is not our role to do that. M= r. Russ said, but they could send a letter of recommendation saying that they believe –
Mr. Polletta said that he understands exactly how it i= s, but he thanks the Commission very much.
Mr. Minnich asked if anybody else have comments?
A motion was made by Mr. Tedesco and seconded by= Mr. Russ to give an approval letter for ZBA in favor of Mr. Polletta.
Mr. Minnich asked if there was any further discussion?=
Mr. Martin said that he thinks it makes a difference.A= s he looks at this map, Brian Kolpa, that is a business, right? He is running a business out of th= at, he knows that for a fact, that is a business.= He asked, are there any other businesses - this is his land here and his la= nd here (pointed out) they are talking about one house here that is affected - Ms. Mulcahy said that when = they do the site plan, it will come back to them, once he gets his variance, it = will come back to the Commission and it will get all that information.
Mr. Minnich asked for other conversation? Mr. Minnich said that hearing none= , he asked Ms. Allen to call the roll for the purpose of recording the votes. On= ce again, the motion is to write a letter to the Zoning Board of Appeals recommending this special permit change of the variance.
Ms. Allen called the roll as follows:
David Minnich, no
Judy Wick, no
Mike Masayda, no. (For the reason that the position on= this Commission is to enforce the current regulations and he can’t see how they they could do that.)
Jeff Franson, He said that he is with Mr. Masayda, no.=
Ron Russ, yes
Gary Martin, yes
Mark Tedesco, yes
Mr. Minnich said with a vote of 4 to 3, the motion is = not approved.
Mr. Minnich asked if there is another motion on the fl= oor?
Mr. Polletta thanked the Commission.
Mr. Minnich said that the motion on the floor is simil= ar to the one before that –= ; he would make a motion that the Planning and Zoning Commission does not support or encourage expansion of non-conforming use and structures. The intent of = the Zoning Regulations is to permit non-conforming uses and structures to conti= nue until they are removed but not to encourage their survival. It is further t= he intent of the Zoning Regulations that the non-conformity shall not be enlar= ged or expanded or extended if such a change would increase the non-conformity,= nor be used on the grounds of adding other structures or uses prohibited elsewh= ere in the same district.
Ms. Wick asked to add to this: The Zoning Board of Appeals should= be sure that all uses and the areas they occupy in the building, are documented for the record so that there is no expansion of existing non-conforming use= s.
Mr. Minnich asked for a second to that motion.<= /p>
Mr. Franson seconded the motion.
Mr. Minnich asked for further discussion. There was none.
Mr. Minnich asked Ms. Allen to call the roll for the purposes of recording the vote on this motion.
Ms. Allen called the roll as follows:
David Minnich, aye
Judy Wick, aye
Mike Masayda, aye
Jeff Franson, aye
Ron Russ, aye
Gary Martin, aye
Mark Tedesco, aye
Mr. Minnich said that the vote is 7 to 0, the motion is approved.
=
e. =
Applicant: Robert SantaMaria, Agent Jaime LaMere,
Cramer & Anderson, proposed Sunnyside Acres Zone Change, at
Mr. David Berto, representing Robert SantaMaria who is also in attendance, the engineer is also in attendance,the attorney who made the application, Jaime LaMere was not able to be here ton= ight - Mr. Berto said th= at they have made an application for an overlay zone from R-30 to RT on proper= ty at Berkshire Drive and Sunnyside Avenue and with the application is before = the Commission to set a public hearing.
Mr. Minnich asked if there is any discussion from memb= ers of the Commission?
Ms. Wick said that she would like to request that in t= ime for the public hearing that a study, a needs analysis be done, indicating t= he need in this community for another 55 and older.
Mr. Tedesco said, that analysis should take into
consideration what is on the boards already. Ms. Wick said, what exists and
what is being in application. Mr. Berto said that the needs analysis will
look at what is in applicatio=
n and
what exists and look at the differences between what those are and what this
is, to look at the needs from a market standpoint. Mr. Tedesco said, for clarification
purposes, does that include S=
top
and Shop which has been front of the Commission? Ms. Wick answered, “No.̶=
1; Mr.
Tedesco said, just for clarification for the applicant. Ms. Wick said, for =
Mr. Minnich asked for a motion to set a public hearing=
at
the Chairman’s discretion?
A motion was made by Mr. Masayda and seconde= d by Mr. Franson to schedule a public hearing on the application of Robert SantaMaria for proposed Sunnyside Acres Zone Change, at the discretion of t= he Chairman.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
f. =
&nb=
sp;
Applicant, Stephen Tancredi – Agent: Andrew Quirk, Kratzert & Jones,
Preliminary discussion 3 lot subdivision at
Mr. Andrew Qu=
irk
Professional Engineer with Kratzert and Jones Associates - representing the applicants:
He is here tonight for a preliminary review of an application, hoping to make f= or a three lot subdivision located along the Middlebury/Watertown Town Line and at the request of Mr. Moosa Rafey, they have come here for a preliminary review for issues that may affect the current wetland application so that they might be able to address any issues so that they could make one wetland application = and not have to go back to the We= tland Commission.
On the aerial photo before the Commission, outlined is=
the
property that is located and also on the grading plans before the Commissio=
n,
property that is located along the Watertown/Middlebury Town Line which is
shown on the bottom of the sheet, it is a 26 acre property, bordered by
Middlebury Road and property of use to the west. The potential future, Heritage Gat=
eway
Development which he is sure members are very well aware of to the north, undeveloped land of =
Bushka
to the east and along the Town line, residential lots along Stone Wall Driv=
e in
Middlebury. The uniqueness of=
this
property is the issues of access.
The total property again, is approximately 26 acres of which 10 acre=
s is
wetlands and the wetlands are located along the westerly portion of the site
along
The property is subject to passway rights from Stone W= all Drive for an existing driveway to a house to the south of the property, it = is a lot that is located to the rear along Stone Wall Drive but it accesses thro= ugh Stone Wall Drive and then a driveway over this property (pointed out) and t= hat would remain, they would not change that as part of their proposal. It is also subject to a turnaround easement at the end of Stone Wall Drive on the property and for clarificati= on, Stone Wall Drive is an accepted Town road in Middlebury up to the Town Line= and beyond that, it is subject to passway rights for their property and for this driveway but they spoke with the First Selectman and it is maintained and snowplowed by Middlebury up in through that turnaround easement.
The letter talks about the driveway, it does not
specifically talk about the maintenance, but he can get that in a letter. T=
hey
have had several discussions and he can get that in letter form, as well.
Previously, this property was before the Commission an= d a five lot subdivision was granted in 1995.This is a copy of the five lot subdivision that was approved by the Health Department, Inland-Wetlands and Planning and Zoning. This subdivision had approximately 800 feet of Town ro= ad that went directly through the southern portion of the wetlands and also fi= ll that small pocket of wetlands for a total of 9,000 sq. ft. of direct wetland impact for the crossing and the filling of the isolated pocket. That pocket was analyzed as part of an analysis, an Inland Wetland function and it was determined to be of limited value because the dirt road comes right through there, the functions are limited as well as there is an existing 18 inch culvert that drains that pocket. It is a wetland area a= nd was proposed to be filled by this proposal.
What they are proposing they feel is a much more low i=
mpact
and environmentally sensitive alternative to this design without a Town road
and that proposal is for a three lot subdivision where the mutual driveway
coming off of the end of Stone Wall Drive. To begin that process, they had
several discussions with the Selectman’s Office in Middlebury, not as=
the
first letter that is attached and the Middlebury Selectman’s Office h=
as
conceptually approved a three lot subdivision so long as it complies with t=
heir
driveway permit requirements and this has been designed in accordance with
that. Driveways that serve mo=
re
than three lots are to be 22 feet wide which it would be, 18 feet wide for =
two
lots and a sufficient hammerhead turnaround for a turnaround for emergency
vehicles which this design includes.
Also, Middlebury requested that fire service be provided by the Town=
of
The three lots, Lot No. 1 is approximately, each one o=
f them
are approximately 8 acres. Lots 1 and 2 have legal frontage on
Open space would be provided along the west and north = portions of the property to adjoin the open space of Heritage Gateway and have a contiguous open space area. The plan before members shows 4.1 acres of open space with the intention that it would be deeded to the Town or the Land Tr= ust.
In conclusion for this evening, they feel that this is= a more environmentally sensitive alternative but he would like to get some feedback if he could. The design of the access, the mutual driveway and the location of the open space specifically as they may relate to their wetlands application and then they will before this Commission formally for a subdivision application.
Mr. Tedesco said that regarding this piece of property= , he knows it quite well and his first opinion here would be, one piece of prope= rty if they are going to be coming in through Middlebury, you can’t deny a man to use his property but he feels that it would be for one home. If one wants to come in through Watert= own, accessible through Watertown and there is a way of getting in, you have to = get a wetland permit and it will be quite a long driveway, but it could be done coming in through Watertown and he is sure Watertown school busses arenR= 17;t going to be going on a Middlebury Road and he knows they checked with the F= ire Department but he does not know how the Police Department would react to th= at, either, so he would look at it more as a single family, a nice big single family home coming in through Middlebury but if they are looking to get more than that, in his opi= nion, he would go through Watertown= .
Mr. Franson said that he would like to answer some questions. How would the chil= dren get to school? Where would th= ey pick up the bus, and would the Police Department respond to emergencies thr= ough Middlebury without a Town road?
Mr. Quirk said that he will, as they did with the Fire Department, he will check with both those authorities to get their opinion = on that.
Ms. Wick asked if he is talking about extending the ro=
ad
until it leaves
Mr. Minnich asked if any other Commissioner had a
comment? Mr. Minnich said tha=
t for
him, sharing the driveway for three homes, he does not have an issue with t=
heir
using Middlebury. If Middlebury seems to have a problem, he knows for a fact
that the school district, if it is in the Town of Watertown, is required to
educate those students and they are under State Law to transport those
students, because they have to go on another road, that is really the school
district’s issue that they have to deal with. Secondly, with regards =
to
the Police, they will find out what their response is but they are providing and paying for =
taxes
as a taxpayer in
Mr. Quirk said that one option they did look at was to= have these two homes served by a mutual driveway and then this would also be a mutual driveway serving these two homes (pointed out).
Mr. Russ suggested they call that road by name. Ms. Wi= ck said that it has to be built to Town standards. Mr. Franson asked, has the Fire Chief/Fire Marshal seen the plan or has he just discussed it? Mr. Quirk answered that they discu= ssed it and he has also seen a copy of the plan. Mr. Franson asked if he is okay wi= th the fire apparatus in and out of where he is proposing? Mr. Quirk commented that they have= not completely addressed the comments, the access and the water supply, but he = has been given a copy of the plan and they are in the process of addressing tho= se comments, but he has seen a copy of the plan.
Mr. Minnich asked for other comments. He said that he guesses Mr. Quirk has gotten his conceptual comments from the Commission. He tanked Mr. Quirk for coming to talk to the= Commission.
Mr. Minnich said that the hour is getting late. They h= ave Porter & Chester and then they may table a few of the others.
= g. = Applicant Porter & Chester Institute – Re: Amend Special Permit #224 to expand into a space formerly used by Hoboken F= loor Covering at 290 Sylvan Lake Road, Oakville, in IG-80 Zone.
Mr. Jack Burk= e, Executive Director of Porter & Chester Institute addressed the Commission. He said that they will be very brief. Mr. Burke introduced Mr. Pat O’Brien, Director of Education at Porter & Chester. Mr. Burke said that they had somet= hing transpire back at the end of December where Hoboken Hardwood Floors moved o= ut of the building that they had occupied for about 20 years. They were very excited about it because they have had tractor trailer trucks there and it = has been a long process with them turning around in the parking lot, also leavi= ng some of their trucks right there, it was difficult to work with. When the building became available, they were very excited about it because it is literally within about 200 or 300 feet of their current building, so they leased the property on the 29th and he believes they passed out a short memo that described that and what they were looking to do is take som= e of the programs that they have now and get additional classroom and lab space = in that area. There is no more parking, so there is not going to be any construction at all as far as any parking, that is maxed out, it has been like that for many years. There is nothing being added to th= at building at all. It is just using the building as it is and then just build= ing some labs and classrooms in there.
Mr. Burke asked Mr. O’Brien if he wanted to add anything?
Mr. O’Brien, Education Director of Porter & Chester, as Mr. Burke mentioned, the building became available, they actual= ly had a couple of reasons for l= easing it. They didn’t want to= have another company move in and have safety problems, etc. that they had and al= so, in their current building, the way this type of education works, is that so= me programs they go through cycl= es for instance, in their automotive program, not long ago they had maybe 80 stude= nts in there and now they have 50 but they can’t take an automotive shop = and shrink it and make another shop area larger, etc. So, they found that there are two divisions in particular that they are really kind of struggling for space t= hat require a lot of room, that is the Heating, Ventilation and Air Conditioning Program and also the Electrical Program.&n= bsp; When this building became available, they thought would be a fit and= be able to move some of the shop areas over there and give their students more room to move around, allow them to put more equipment for them to work on. = He brought up some prints.
Mr. Masayda said that he does not think anybody is in disagreement. Mr. O’Bri= en said that they were confused. Ms. Mulcahy said that when she asked them to = come when they got a zoning permit to change the use of that area was because th= ey are a special permit use, any modification of the special permit use should come before the Commission. It is a minor modification so she thinks they c= ould just make a motion to approve it, she does not see any reason not to.
Mr. Rondeau said that they had come before the Commiss=
ion
not too long ago about putting an addition on, are they still - Mr. O’Brien said,
“No.” Mr. Martin =
asked
of
Mr. Minnich asked Mr. Berger if he had any comments on=
this
special permit? For the Commi=
ssion
to consider approval tonight, is there anything he thinks they should be
looking at? Mr. Masayda asked=
lighting, is it 100% down lighting? Mr. O’Br=
ien
said that it is on the other building. Mr. Masayda said that they did a gre=
at
job on the front and the single span pole (inaudible) into the back of the
building, they still have, those are not going to change - Mr. O’Brien commented that t=
he
Hoboken building was pretty much a dump, there was garbage all over, pallet=
s,
gutters are hanging off, now that they have taken that over they are going =
to
be re-doing the outside lighting.
Mr. Masayda said that it appears from that light standard –you
probably feed off of that for other down lighting. Mr. O’Brien answer=
ed,
“Absolutely.” The=
big
light pole, that was
Mr. Minnich suggested to members of the Commission, he= would feel more comfortable if Mr. Berger and Ms. Mulcahy had an opportunity to present to the Commission, their standard motion of approval for all these sorts of thing which is lighting, so they don’t get later on, giving = an approval and then they have issues they thought they should have done, so t= hat would just be two weeks from now. They don’t have to have a public hearing, so two weeks from now they would meet again. Mr. Minnich would ask for a motion of approval and h= ave all those things in it and he would feel more comfortable, that is his concept. He asked what others thought.
Mr. O’Brien said that the only thing that is hol= ding them up is they wanted to get a plumber in there to do some rough-in repair= of the floor and they went down to get a permit and in order to get a permit, = they need to get a zoning permit.
Mr. Minnich said that all he knows is that every time = they do these sort of things they want to make sure that it is all done. Once ag= ain, they have come in at the last minute, Staff didn’t have a chance to l= ook at what they wanted to do and the same issue has occurred before, so he does not think it is going to be as lengthy this time but he is only suggesting = they want two more weeks and they will have that motion and all those issues will get resolved. Mr. O’Bri= en asked if they do need to attend for that meeting? Mr.Minnich answered that it is up = to them, there are questions on whatever they want to comment but he does not = know what they are going to suggest.
Mr. Minnich asked if there is a motion to table?
A motion was made by Mr. Tedesco and seconde= d by Mr. Masayda to table action on the Porter & Chester Amendment to Spe= cial Permit #224.
Mr. Minnich asked for further discussion . There was n= one.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
h. =
Applicant Bob Houlihan –Heritage Development
Group re: Special Permit Flood Prone Zone at
Mr. Minnich asked for a motion to schedule a public he=
aring
for Heritage Development Group, for flood prone areas for
A motion was made by Mr. Franson and seconde=
d
by Mr. Tedesco to schedule a public hearing regarding Special Permit Flood
Prone Zone at Bunker Hill Road/MiddleburyRoad inAR-PRD Zone for Heritage
Development Group for
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich suggested they table action on Items 8c an= d 8b.
Mr.Franson asked if he didn’t add Item 7i, this = new application for this gentleman that is sitting - Mr. Minnich said that the issue of= flood plain is Item 7i. Mr. Franson= said that what he thought and there was no motion but what he said was that they= had not accepted – he came in yesterday at 4:30 P.M. and because he came = in at 4:30 , he did not get on the agenda last week, so what they said is, the= se folks haven’t even opened up the packet, they have 60 days to establi= sh a public hearing – Mr. Franson thought he made a motion – he didn’t mak= e it for the flood plain. Mr. Tede= sco asked if they can accommodate this gentleman? Mr. Minnich answered that he = is not suggesting they do becaus= e they haven’t even seen the application yet. Ms. Mulcahy said that what they are doing is setting a public hearing if they want to do that. Mr. Tedesco asked Ms. Wick what she thinks.
Ms.Wick said that she agrees with Ms. Mulcahy, the
application is accepted, the Commission has 65 days in which to set the pub=
lic
hearing - Mr. Franson said th=
at
they should follow the same rules for Konover when they come in, you have 65
days. Mr. Minnich said that t=
he
difference with Konover and this gentleman is, this gentleman didn’t
apply at
Ms.Wick asked to make a suggestion. She said that basi= cally, the clock is going right now, so it would make sense then if they put it on= the March 7th agenda to look at the application and then set the pub= lic hearing after that.
Mr. Minnich said that he wants to be real clear about = this flood plain because if they do it wrong, he wants to make sure what the procedure is. There was a motion made but there is some suggestion, without going back to the minutes, that they never added it to = the agenda, so Mr. Minnich makes a motion that they add the Special Perm= it for Heritage Development Group for the flood prone areas as Item7-j and if<= span style=3D'mso-spacerun:yes'> this is not the case, then it woul= d be under Item 7j. Mr. Minnich as= ked if there is such a motion to add the Heritage Development Group Special Permit= for Flood Prone Areas under Item 7j –
Mr. Minnich said that his problem is, when they go bac= k and review these minutes, given the larger project for Heritage, if they don’t technically do, they are supposed to do is add it to the agenda= , it will be a legitimate appeal for process. His notes say 7i, Mr. Franson and Mr.Tedesco think it is not, so to avoid all these issues later on, he is suggesting they do it again. = The motion is to add to the agenda under 7j, a special permit for Flood Prone A= reas and then permit is from Heritage Development.
A motion was made by Mr. Tedesco and seconde= d by Mr. Franson to add to the agenda as Item 7j, Special Permit for Flood Pr= one Areas for Heritage Development Group.
Mr. Minnich asked for further discussion . There was n= one.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich asked for a motion to approve the setting =
of a
public hearing on
A mot= ion was made by Mr.Russ and seconded= by Mr. Martin to schedule a public hearing for March , 2007 for the Special Permit for the flood prone areas by Heritage Development Group.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
Mr. Minnich suggested the Commission table Items 8c an= d and 8d.
A motion was made by Mr. Franson and seconde= d by Mr. Tedesco to table Items 8c and 8d.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
= 8. = New Business.
= a. = Chairman’s Report.
Mr. Minnich stated that he will forego his Chairman= 217;s Report.
= b. = 8-24 Approval FY 07-08 (CIP) 5 year Public Works Capital Improvements (CIP).
Ms. Mulcahy said that there have been some changes, so=
me
were eliminated because of budget constraints and some of them have been ta=
ken
out. Ms. Wick commented that =
the
2008-09 fiscal year starts on
Mr. Minnich has a question as to why the sidewalks on =
Mr. Berger said that something is not matching up betw=
een
Echo Lake Road, Thomaston Savings Bank and
Ms. Mulcahy asked if they should make a new motion for= a positive referral on this 8-24?
A motion was made by Mr. Martin and seconded= by Mr.Russ to approve 8-24 Approval for the FY 07-08 (CIP) 5 year Public Wo= rks Capital Improvements.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
=
c. =
8-24 Approval –
A motion was made by Mr. Franson=
and seconded
by Mr. Tedesco to grant 8-24 Approval,
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …by voice vote the motion was a passed unanimously…
= d. = Bond Reduction Peck Farm Subdivision.
Mr. Minnich said that members have received a memo. Mr. Minnich asked Mr.Berger the amount? Mr. Berger said that he is recommending a bond reduction pf $406, 28= 8.
A motion was made by Mr. Martin and seconded= by Mr. Tedesco to grant a bond reduction&n= bsp; in the amount of $406. 288 for Peck Farm Subdivision.
&nbs= p; &= nbsp; &nbs= p; …by voice vote the motion was passed unanimously…
= e. = 90 Day Extension to file record subdivision mylar f= or Bassett Hollow Subdivision.
A mot= ion was made by Mr. Martin and = seconded by Mr. Russ to approve a 90 day extension to file a record subdivision mylar for Bassett Hollow Subdivision.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …by voice vote the motion was passed unanimously…
= f. = &nb= sp; 90 day extension to file record subdivision mylar Golden Acres Subdivision.
A motion was made by Mr. Russ and seconded by Mr. Martin to approve a = 90 day extension to file record subdivision mylar Golden Acres Subdivision.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …By voice vote the motion was passed unanimously…
= g. = Bond Reduction Fox Crossings Subdivision.
Mr. Minnich said that members received this this eveni= ng and he would recommend it be tabled.
A motion was made by Mr. Masayda and seconde= d by Mr. Martin to table action on the bond reduction for Fox Crossings Subdivision.
Mr. Minnich asked for further discussion. There was no= ne.
&nbs= p; &= nbsp; &nbs= p; …by voice vote the motion was passed unanimously…
= h. = Discussion on Pending Konover Application to discuss hiring a consultant.
Ms. Wick said that she has understood that Konover is = going to be coming in with an application for a zone change and that will be on t= he March 7th agenda, so that gives them a month. Mr. Minnich said that his plan is,= if this is okay with members of the sub-committee –
At this point, Messrs. Gary Martin and James Lukasavage recused themselves from participating in this portion of the meeting.
Mr. Martin left the meeting at
Mr. Minnich had thought that if it is okay with member= s of the Committee that they meet next Wednesday at 7:00 o’clock to discuss what he g= ot from the State regarding the information requested of the Department of Economic Development, they would then talk about the pro= cess whereby they would look to se= e who they would recommend for this process at the next meeting to see if they co= uld get a consultant and also hopefully, to provide some guidance for which the= ir main charge in this as to what exactly they are looking for and he thinks t= hey can do that in this study.
Ms. Wick said that her hope is then that if they come = up with some names, they would have an opportunity to interview the people so = that when this application comes in, they can say to Konover at the time, this is who we want to use and this is where we are going.
Mr. Minnich said that he also wanted to ask Mr. Russ i=
f he
could serve on that committee. They
will meet next Wednesday at
Ms. Mulcahy said that she and Mr. Berger have a schedu= led meeting with Konover on Tuesday, the 14th of February for – Mr. Minnich said that why the 14th is okay is he talked to “Carol” today from the Town Manager’s Office and she is g= oing to come to that meeting, as well and will be helpful from a purchasing standpoint. Ms. Wick said tha= t when they meet on the 14th, will they have any preliminary plan from Konover that they would have had on the 13th?
= i. = &nb= sp; Discussion on Article V Section 2, By-laws.
A motion was made by Ms. Wick and seconded by Mr. Franson to table action on the discussion on Article V Section 2, By-la= ws.
Mr. Minnich asked for further discussion . There was n= one.
&nbs= p; &= nbsp; &nbs= p; …by voice vote the motion was passed unanimously…
=
9. =
Adjournment.
A motion was made by Ms. Wick and seconded by
Mr. Franson to adjourn the meeting at
&nbs= p; &= nbsp; &= nbsp; …by voice vote the motion was passed unanimously…
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Respectfully submitted,
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Michael E. Masayda, Secretary
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Planning and Zoning Commission
Approved:____________________
Planning and Zoning Commission
Regular Meeting
Page No. 30