Canterbury Planning & Zoning Commission

May 20, 2009 2 5-14-09

Canterbury Planning & Zoning Commission

Thursday, May 14th, 2009, 7:00 p.m.

Canterbury Municipal Building, 1 Municipal Drive


I.  Call to Order

G. Droesch called the meting to order at 7:14 p.m.

Members present: G. Droesch, M. Weeks, D. McKinley, S. Benson, C. Bergman, P. Kelly (7:25p.m.)

Members absent: C. Thetreault, D. Norell,

Alternates present: J. Clark, K. Green

Alternates absent: K. Livingstone

Others present: S. Sadlowski, P. Santoro, R. Shinkiewicz, D. Held, C. Deojay, E. St. Louis, J. Vincent, R. Noiseux

K. Green and J. Clark both sat as regular members of the Commission due to the absence of several regular members.

II. Public Hearings

A. PZ #09-2-SE, Greenway Waste Services, Special Exception for service establishment, 12 Plainfield Road, Assessor’s Map 60, Lot 3A

The applicant brought his certified mailing receipts to the land use office. S. Sadlowski stated that he contacted the Town of Plainfield and was informed there were no commercial regulations in this area.

R. Shinkiewicz of 27 Tarbox Road expressed his concern because there was a vernal pool located on the property by the road and the Commission did not take a site walk of the property. J. Clark asked where it was located. R. Shinkiewicz showed the Commission where the vernal pool was located on the maps. R. Shinkiewicz asked P. Coughlin inspects the property for vernal pools. S. Sadlowski stated the applicant was not doing any construction or landscape alterations on the property that it was only a use change.

P. Kelly arrived at the meeting at approximately 7:25 p.m.

E. St. Louis of 522 South Canterbury Road stated the use was changing on the property.

C. Deojay of North Society Road stated that the use was heavily regulated by the State of Connecticut. He stated if there was a vernal pool there the State of Connecticut would have taken notice.

M. Weeks made a motion to close the public hearing. C. Bergman seconded the motion and it passed by a vote of 7-0-1. D. McKinley abstained for he was not present at the last meeting.

B. PZ #09-4-RESUB, Paul & Donna Santoro, 3-lot resubdivision, 171 Lisbon Road, Assessor’s Map 28, Lot 1.

G. Droesch read the notice of public hearing into the record. She noted that the certified mail receipts were on file. P. Santoro was present at the meeting. He presented his plans to the Commission.

P. Kelly asked if the property was connected to the subdivision that was previously done. P. Santoro stated they were and briefly described the subdivision history of the properties.

P. Santoro stated he was proposing a 3-lot resubdivision for the property owned by both P. & D. Santoro. The property was 12.22 acres. He stated his home currently existed on one lot and they were proposing to a front lot of 2.34 acres, and a rear lot containing 5.10 acres. The remaining land of 3.55 acres would go with the lot their house was on.

He stated he was proposing to give an additional 1.222 acres to the Stonebridge Wildlife Sanctuary. He stated the Wildlife Sanctuary now would be made up of 13.9 acres. He stated that 1.888 acres would be placed in a conservation easement on the rear lot. This brought the total of protected land on all of the Santoro’s land fronting on Lisbon Road to a total of 17.62 acres, which equals 42.5 %. P. Santoro stated the Northeast District Department of Health approved the land for development. He stated the resubdivision had adequate sight lines.

P. Santoro stated he would like for the conservation easements to allow for animals access in case future owners have animals. He states the town attorney had reviewed the language for the conservation easements.

P. Kelly stated there were three rear lots on the combined parcel. He stated he understood this was how the regulations were written. P. Santoro stated the lots were all under separate ownership. He also stated he felt the subdivision of the entire property was well planned.

P. Kelly opened the hearing up to members of the public.

R. Shinkiewicz of 27 Tarbox Road stated he felt the subdivision was well done.

M. Weeks asked if all three lots were going to share a driveway. P. Santoro stated that only two of the lots would have a shared driveway. M. Weeks asked what the length of the longest driveway was. P. Santoro stated it was approximately 575’. M. Weeks made several comments on the staff report.

M. Weeks made a motion to close the public hearing. C. Bergman seconded the motion and it passed unanimously.

III. Public Participation

E. St. Louis of 522 South Canterbury Road expressed concern about the signs for perennials in the center of town. He asked if the sandwich board signs that several businesses had displayed were allowed. He asked if this was State property. S. Sadlowski stated the regulations had been changed but he would look into this. R. Shinkiewicz of 27 Tarbox Road stated signs should not be nailed to trees on the corner.

C. Deojay of North Society Road stated he has been in litigation for several years with the town. He stated he had an agricultural use on his property. P. Kelly stated he would not discuss the issue with C. Deojay because he was in litigation with the town.

IV. Minutes

Regular Meeting: April 9, 2009

The Commission approved the minutes with the following amendment: condition #8. No sorting or transfer of material on site was added to the conditions under PZ #09-2-SE, Greenway Waste Services. D. McKinley abstained for he was not present at the meeting.

V. Old Business

A. PZ #09-2-SE, Greenway Waste Services, Special Exception for service establishment, 12 Plainfield Road, Assessor’s Map 60, Lot 3A

M. Weeks made a motion to approve PZ #09-2-SE with the following conditions recommended and written by S. Sadlowski:

1/ This special permit allows the storage of up to 10 vehicles involved in the removal of waste, the storage of 30 dumpsters of various sizes and the storage of 100 “trash toters”. This permit also allows the servicing of these trucks as long as it is done in the garage area where fluids can not leach into the ground. Tires and other junk presently on the property shall be removed within 30 days of the approval of this permit.

2/ At no time shall trash, rubbish, junk, tires or car parts, or any other item other than the above mentioned service vehicles and rubbish storage containers be stored on this property. No sorting, transferring between containers or recycling is allowed under this permit. 3/ Brief periods (maximum of 1 overnight period) of limited storage are allowed if it is impractical to empty a single truck or dumpster before the close of business, but it shall be infrequent and the trash removed the next morning. Any containing municipal waste shall be covered with an impervious cover. If this is abused and/or complaints of smells or blowing trash are received, this storage provision may be revoked by the Commission after a hearing on the matter is held. 4/ The vehicles shall be maintained so that no fluids leak from them including any fluids that may be present in the waste collection portion of the trucks. 5/ No activity causing excessive noise (loading dumpsters, working on trucks, etc. shall be done before 7 AM or after 7 PM. Trucks and dumpsters shall only be stored behind the wooden fence. The Wooden fence is to be maintained as a visual screen and must be kept painted as to not become an eye sore. The facility shall be closed on Sundays and on the following holidays, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Years Day. 6/ The property shall be inspected weekly for any papers or other waste that may have been stuck to and/or blown from the trucks or dumpsters onto the property and that no leachate is present. The ZEO or other Town Officials may inspect the site periodically. 7/ This approval will be valid upon the filing of the Notice of Approval of this Special Exception including these conditions. 8/ This approval is valid only for the property at 12 Plainfield Road Assessor’s Map 60, Lot 3A. 9/ A sign is allowed as per our zoning regulations. J. Clark seconded the motion and it passed by a vote of 6-0-2. P. Kelly and D. McKinley abstained. D. McKinley was not present at the last meeting. P. Kelly arrived late to this meeting so he did not vote.

B. PZ #09-4-RESUB, Paul & Donna Santoro, 3-lot resubdivision, 171 Lisbon Road, Assessor’s Map 28, Lot 1.

S. Benson made a motion to allow a shared driveway for PZ #09-4-RESUB. C. Bergman seconded the motion and it passed unanimously.

K. Green made a motion to approve PZ #09-4-RESBU with the following conditions written and recommended by S. Sadlowski:

To be completed before the filing of the mylars

1/ Final executed deeds for the conservation easements shall be submitted and approved by the Town as per form to be later accepted by the Town at a Town Meeting (if applicable). 2/ An open space dedication of 1.222 Acres, as shown on the approved plans, shall be added to the “Proposed Stone Bridge Wildlife Sanctuary Open Space” depicted on a plan entitled, “Compilation Survey prepared for Paul R. Santoro and Donna M. Santoro, Lisbon Road” dated October 2008 by Eric Seitz Land Surveying, Inc. P.O. Box 156 Jewett City, CT 06351.3/ A deed shall be delivered to the Town and accepted by our Attorney for the dedication of land along the street to meet the required 25’ minimum width of road right-of-way. Conditions to be met prior to the issuance of any permits:

1/ 1 Mylar and 1 paper plan, both having the live signature and stamp of those responsible for their development, to be submitted for signature by the Planning and Zoning Chairman. The final plans shall have these conditions listed. Mylar sheets filed shall include a reference to the plan filed on the Land Records of the Town of Canterbury showing the open space. 2/ Mylars to be filed on the land records within 90 days of the expiration of the appeal period or the subdivision will become invalid (extensions possible per State Statute). 3/ Paper copy shall remain on file in the Land Use Office. 4/ No lot is to be sold nor any significant site construction started until the final mylars are filed on the land records. 5/ Land under conservation easement or covenant must have markers installed approximately every 50’ along its perimeter by the owner with the approval of the Town Planner. Markers to be installed on existing trees or, if none are present, pressure treated 4” X 4” posts set into the ground. Markers to be approved by the Town Planner.

To be completed during the development of the project:

6/ Stone walls shall be preserved wherever possible. 7/ Erosion and Sedimentation controls to be installed before the start of any construction activities and be to the 2002 CT E&S Guideline (CTDEP) standard.

J. Clark seconded the motion and it passed unanimously.

VI. New Business

A. PZ #09-5-SPR, Canterbury Sand & Gravel, LLC, Site Plan Review, Wauregan Road, Assessor’s Map 66, lot 4.

The Commission tabled this item until June 11, 2009.

VII. Other Business

A. Correspondence – Reviewed

S. Sadlowski gave al the members a letter from Attorney Lucas requesting a surety the bond for Kobyluck property on Camp Road. The Commission would discuss this at the June 11, 2009 meeting.

B. ZEO Report-

S. Sadlowski gave each member a written report. He informed the members that the town received a check from the State for the Affordable Housing grant.

C. POCD – Conservation Strategies (public input welcome)

J. Vincent of Planimetrics was present at the meeting. The Commission discussed Conservation Strategies.

J. Vincent stated one of the issues suggested in the plan was that Canterbury form an agricultural committee. The Commission discussed the agricultural committee. S. Benson stated he felt the committee should be primarily made up of farmers in town. J. Clark stated he agreed with S. Benson.

S. Sadlowski stated that NECCOG is forming a regional farmers group. He stated the town may take part in this instead of creating its own. R. Shinkiewicz stated his is a farmer but that is not his primary source of income. S. Sadlowski stated the sent the proposal to the Economic Development Commission and they did not want to create the subcommittee off their commission. R. Noiseux stated he agreed that there should be farmers on the committee and that they should be given first priority over someone who is a non-farmer.

M. Weeks stated this suggested originally when the plan was updated in 1997 and nothing ever came of it.

The Commission discussed the need to protect the town farmland and agricultural uses. K. Green stated he would be interested to see a map of how much farm land is now sand and gravel operations. He believes that a majority of the town’s farmlands are being excavated for gravel.

D. McKinley stated the farms are no longer economically viable operations and felt the Commission could try to tie gravel operations and farms together. He stated this was a way the farmers could profit financially and the town could guarantee that the land was reclaimed properly. He also stated the town should promote farmers that turn to tourism functions (corn mazes, “pick your own” events, etc.) to earn income to keep their farms operating.

The Commission discussed protecting the town’s natural resources. They discussed how the Department of Environmental Protections regulated where species of special concern were found. J. Vincent explained the grades given for water quality. He stated that approximately 5% of Canterbury was open space. The Commission discussed open space in town.