Planning and Zoning Commission

Regular Meeting

June 5, 2013

Page 17

Planning and Zoning Commission

Town of Watertown, Connecticut

Regular Meeting

Minutes

Time: 6:30 P.M.

Date: Wednesday, June 5, 2013

Place: Watertown High School Lecture Hall

324 French Street

Watertown, CT 06795

1. Call meeting to order at 6:30PM

2. Roll Call

Present: Mr. Ken DeMirs

Mr. Renato Focareta

Chairman, Ms. Marie Genovese

Mr. Robert Guerrera

Secretary, Mr. Carl R. Mancini

Vice Chairman Mr. Erik Markiewicz

David Pope

Absent: Mr. Richard Antonetti

Ms. Denise Benemerito-Garassino

Mr. Richard Rossi

Others Present: Land Use Administrator, Ms. Ruth Mulcahy

Town Engineer, Mr. Chuck Berger

Town Attorney, Mr. Paul Jessell

Land Use Secretary, Ms. Carol Allen

D. Focareta sat in for R. Rossi

R. Guerrera sat in for D. Benemerito

D. Pope sat in for R. Antonetti

3. Executive Session

Text of Motion: Add 816 Straits Turnpike, Watertown to the Executive

Session portion of the agenda

Motion made by: D. Pope

Second by: E. Markiewicz

All in Favor

Text of Motion: Enter into to Executive Session at 6:33PM. Members entering

Executive Session were Ken DeMirs, Renato Focareta, Marie Genovese,

Robert Guerrera, Carl Mancini, Erik Markiewicz and David Pope and Paul J

Jessell, Town Attorney.

Motion made by: E. Markiewicz

Second by: C. Mancini

All in Favor

The Commission came out of Executive Session at 6:47PM. All those that

went into Executive Session came out of Executive Session. No votes were

taken, the only matter discussed was 816 Straits Turnpike, Watertown.

4. Public Participation - none

5. Communications and Bill

a. Letter dated May 10, 2013 from R. Mulcahy to Patrick Basile, Thomaston Savings Bank, Re: St. John’s Church, 760 Main Street, Watertown, CT Letter of Credit Partial Bond Release in the amount of $2,800.00.

b. Letter dated May 3, 2013 from R. Mulcahy to Sal Rocha Re: Approval letter Non-conforming property located at 164-170 Main Street, Oakville, CT in a B-C District for a restaurant use.

c. Letter dated May 15, 2013 from Richard Nemec, Naugatuck Savings Bank Re: Highview Estates Letter of Credit Extension.

d. Letter dated May 15, 2013 from Richard Nemec, Naugatuck Saving Bank Re: Cherry Avenue Estates Letter of Credit Extension.

e. Letter dated May 21, 2013 from R. Mulcahy to Michael Cicchetti Re: Zoning Compliance letter for Eastern Awning, 843 Echo Lake Road, Watertown, CT in an IR-80 District.

f. Memo dated May 2, 2013 from R. Mulcahy to F. Nardelli: Eva Marie Realty, 51 Straits Turnpike, Watertown, CT bond amount of $59,484.00

g. Letter dated May 2, 2013 from R. Mulcahy to Chuck Berger, Town Engineer Re: Approval of Site Plan application for a covered entryway for the municipal offices in an R-10F District.

h. Letter dated May 2, 2013 from R. Mulcahy to Stephen Pustola Re: Petron Automation, 65 Mountainview Drive, Watertown, CT in an IR-80 District Re: approval of Site Plan application for an addition to an existing building.

i. Letter dated May 2, 2013 from R. Mulcahy to Homer’s Plaza (formerly Watertown Plaza), 1044 Main Street, Watertown, CT Re: Site Plan Modification application to remove the condition of approval of wood cedar clapboard for the exterior siding for the building.

j. Letter dated May 8, 2013 Retirement letter from Peter Dorpalen, COG

k. Letter dated May 22, 2013 from Gary Reola, P.E., GR Engineering, LLC

to Chuck Berger, Town Engineer Re: sequence of construction for site work for Brass City Hyundai, 674 Straits Turnpike, Watertown

1. E-Mail from Richard Nemec, Naugatuck Savings Bank to R. Mulcahy Re:

Extension of subdivision approval for Peck Farm Subdivision located on Claxton Avenue, Watertown, CT until November 1, 2015.

m. Memo from Council of Governments dated April 29, 2013 Re:

Transportation Alternatives Project Ranking: FY2013-14

Text of Motion: Accept 5-a – 5-m

Motion made by: E. Markiewicz

Second by: C. Mancini

All in Favor

6. Minutes

a. Planning and Zoning Commission Regular Meeting May 1, 2013.

Discussion: none

Text of Motion: Approve Minutes for May 1, 2013

Motion made by: E. Markiewicz

Second by: C. Mancini

All in Favor

7. Staff Report

Ruth Mulcahy reported:

1. Pineridge Drive – lot line revision between two lots.

2. Crestwood Park – received memo from Lisa Carew stating they want to

take out the existing piece of equipment at the playground area and to replace it

with the restored playground equipment from Judson.

3. Restaurant approval for Dunkin Doughnuts Building – they have

reinstalled the existing roof mechanicals after replacing roof.

4. C L & P – is starting the project of replacing old transformers.

5. Cercemaggiore Community Club – called the Planning & Zoning Office

about fencing in the dumpster. Ruth Mulcahy asked a consensus of the

commission whether they can go forward.

The consensus of the commission they had no concerns with the club going

forward.

8. Chairman’s Report - none

9. Old Business - none

10. New Business

a. Cherry Avenue Estates Subdivision Bond Reduction in the amount of

$3,137.20.

Charles Berger you received in your packet a memo from me dated

May 30, 2013 recommending a bond release of $3,137.20 for Lot 1 with

satisfactory improvements.

Text of Motion: Approve the recommended bond reduction of $3,137.20

For Cherry Avenue Estates Subdivision Bond

Motion made by: C. Mancini

Second by: K. DeMirs

All in Favor

b. Final bond release, St. John’s School, 760 Main Street, Watertown, CT

in the amount of $3,787.50.

Charles Berger all work has been completed on the expansion of the

school and I recommend releasing all of the remaining bond.

Ruth Mulcahy will double check the amount to be released.

Text of Motion: Release the final bond amount for all remaining funds for

St. John’s School, 760 Main Street, Watertown, CT

Motion made by: E. Markiewicz

Second by: C. Mancini

All in Favor

11. Public Hearings

a. Site Plan/Special Permit #334 from Rose Limited Liability Co. for one

dwelling unit located over a street level store located at 15 Fern Hill

Road, Watertown, CT in a B-L District.

Recess or adjourn, public hearing must be closed by August 9, 2013

unless the applicant grants an extension of time.

Franklin Pilicy submitted the affidavit and proof of notice to the

commission. The site was originally approved for a commercial lot

meeting zoning requirements authorized by special permit the use of

additional dwelling units. We are seeking one dwelling unit with an

existing lot. Mr. Pilicy read a letter of support signed by neighboring

business owners having no objection.

Watertown Zoning Commission

June 4, 2013

Re: 15 Fern Hill Road, Watertown

As local businesses operating in the vicinity of 15 Fern Hill Road, we, the undersigned, have no objection to the residential apartment above the Mini-mart at this address. There are several businesses in this very area which have residential apartments as part of their structures without issue. We support an apartment remaining at this location as well.

Bobby LaFlamme – 25 Hopkins Road

My property abuts the convenience store on the corner and I am the closest

neighbor. The area above was used previously as an small office area and

we would like to use it now as a small apartment if the commission would

approve it .

Commission Concerns

Ken Demirs was this ever used as an apartment or has it always been used

as an office?

Bobby LaFlamme no it has been used as an office previously.

Edward Robinson 26 Fern Hill Road

We live directly across from the business. We support the change and in

the past there was a video store and a mini mart and as soon as those places

closed the kids used to gather there and drink, throwing trash and

vandalism. We would feel better if it were residential so people would

not congregate there and it is a matter of qualify of life for us.

Bobby LaFlamme The property was never used an apartment before until

just now thinking it was an approved use. The Fire Marshall asked about

the residence when there was a convenience store and requested

modifications.

Commission Concerns

Renato Foccareta How many bedrooms?

Bobby LaFlamme one bedroom like a studio.

Erik Markiewicz I have a letter from the Fire Department dated May 1st

showing a fire code violation regarding the fire separation between the

walls.

Bobby LaFlamme it would be between the ceiling and the wall. What we

have is a 50 minute fire rating and we had the architect of the building

contact the Fire Marshall with a letter asking what could be done. We

would add another layer to the suspended ceiling giving it a two hour

rating.

Erik Markiewicz was the Fire Marshall satisfied.

Bobby LaFlamme if it remained commercial it would meet the

requirements. If it was residential then we would have to add the layer to

the existing ceiling upon your approval.

Ken Demirs is there somebody living there or not.

Bobby LaFlamme In the past when the Fire Marshall came for an

inspection he asked and there was someone living there who just moved in.

We received the letter from him and we responded immediately to it and

there currently is no one there now.

Chairman Marie Genovese do you have a propane refilling station on the

property?

Bobby LaFlamme there was a previous propane station on the

property for the convenience store and it was for exchange of tanks done

outside. I do not believe that the current convenience store is

doing that and I do not know if they intent to in the future and I would have

them contact the Fire Marshall’s office if they did.

Ruth Mulcahy there is a 1,000 gallon tank installed there.

Bobby LaFlamme there is a 1,000 gallon tank that is used for heating

there.

Chairman Marie Genovese is it possible to get an updated site plan?

Bobby LaFlamme the site plan shows everything that is there with the

additional parking and there is nothing changing.

Chairman Marie Genovese the parking has not changed.

Bobby LaFlamme no

Ruth Mulcahy the letter from Attorney Pilicy stated that the Five Brothers

Store wanted to continue the propane business exchange with outside

storage which is not shown on the plans. The two designated parking spots

for the apartment and how they access them need to be shown. If you were

going to continue with the outdoor tables and the caged area for the

propane tank also need to be shown on the plans.

Franklin Pilicy you can add that as a condition of approval to update the site plan.

Text of Motion: Close Public Hearing

Motion made by: E. Markiewicz

Second by: C. Mancini

All in Favor

b. Site Plan/Special Permit #336 from Long Horizon Development for a

two family dwelling located at Colonial and Morro Streets, Oakville,

CT in an R-12.5 District.

Recess or adjourn, public hearing must be closed by August 9, 2013

unless the applicant grants an extension of time.

Carl Mancini read the notice of public hearing.

Franklin Pilicy submitted the affidavits of notice. This is a special permit

use that allows for a multi or 2 family house to be constructed in this zone.

A map of the site has been provided. Also a memo from the Town

Engineer with his review of the drainage and driveway grade plans has

been submitted in your packets.

George Touponce Horizon Development

I plan to build a duplex town house style home that will blend with the

other 2 homes that we are building in that neighborhood with a $300,000

value range, the size of the houses ARE 1,200 square feet.

Commission Concerns

Carl Mancini this zone was changed a year and a half ago to an R12.5 zone it was originally proposed for 3 single family homes, now you are

proposing a total of 4 houses.

George Touponce for the record I purchased the 3 building lots after that

approval process and I was not aware of any conditions relating to only

single family homes. We are applying for a special permit that is within

the regulations.

Carl Mancini was there a condition for three single family houses.

Ruth Mulcahy that was the proposal you are correct on that but once you

change a zone whatever is permitted by either special permit or site plan

approval the person has a right to apply.

Franklin Pilicy The structure itself is not going to be bigger is provides for additional opportunities for different types uses having two apartments

instead of a single family. It will look and feel the same but two dwellings

instead of one.

Carl Mancini more people, more units.

Franklin Pilicy not necessarily it could mean less. It could be suitable for

a small family or a single adult.

R. Guerrera how many bedrooms?

George Touponce 2 or 3 bedroom, it will likely be 2 larger bedrooms.

No further comments from the commission.

Ruth Mulcahy read two letter from Linda & Gary DelBuono & Kace

Duplissie.

To whom it may concern,

My husband and I could not attend this meeting. So in writing we are opposing the Site plan/Permit #336 for a two family dwelling at Colonial and Morro Streets, Oakville CT. in an R-12.5 district.

It was originally told to us that 3 one family homes would be put there, which we were not happy with.

Now we absolutely DO NOT want a two family dwelling put there!

Linda DelBuono

Gary Delbuono

21 Edith St.

Oakville, CT 06779

Kace Duplissie

I am speaking during public participation because my DAUGHTER IS GETTING AN AWARD TONIGHT AND I DON’T WANT TO MISS IT. THERE ARE SEVERAL REASONS WHY THE PROPERTY ON COLONAIAL AND MORRO SHOULD NOT AGAIN – I REPEAT AGAIN BE RE ZONED.

AS I STATED THE FIRST TIME, THE ZONE CHANGED FROM AN R30 TO AN R12, THE TRAFFIC ON COLONIAL ST IS EXTENSIVE, ESPECIALLY DURING THE SCHOOL YEAR. THE CORNER OF MORRO AND COLONIAL IS ESPECIALLY BAD – THAT CURVE SEES AT LEAST 5 ACCIDENTS – PER YEAR – NOW PUT DRIVEWAYS ON A BLIND HILL OF COLONIAL – IT WILL BE A DISASTER. AND PLEASE DO NOT ASK FOR A TRAFFIC STUDY NOW THAT SCHOOL IS OUT – THAT IS A WASTE OF MONEY.