Middlefield Planning & Zoning Commission

MIDDLEFIELD PLANNING & ZONING COMMISSION

405 Main Street

Middlefield, Connecticut 06455

Minutes of the January 13, 2016 Regular Meeting

Robert Johnson, chairman, called the meeting to order at 6:36 pm.

Attendance:

Members Alternates

A=Absent

X=Present

Jay Brown was seated on the Commission, as Kevin Boyle was not present at the beginning of the meeting.

Public Comment

There were no members of the public present that wished to comment.

Status of 14 Stowe Street Gravel Pit Remediation

Bob Johnson asked Al Johanson for an update. Mr. Johanson reported that, after the last meeting, he had briefed the First Selectman regarding material that had been deposited there, access and security. Mr. Johanson went to see the First Selectman again this morning to get a status report and was told that the material was being separated out from the other fill. Mr. Johanson went to the gravel pit and the material was pretty much gone from the site. In terms of access, a more secure lock has been installed and two No Trespassing signs have been posted on each side of the gate and one at the beginning of the right-of-way. Regarding a log of activity, the First Selectman stated that the Town Foreman has been told to keep a log. Mr. Johanson had pictures from today and prior for the Commission to see. He also reported that he has looked at minutes from the last 10 years and this issue has been before the Commission for at least that long. Mr. Johanson will go to the site every month to take a look at the log.

Geoff Colegrove also commented that the site is not permitted by the DEEP for disposal of asphalt or concrete. Bob Johnson appreciates the Town’s cooperation with this.

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January 13, 2016

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At this point, Kevin Boyle arrived at the meeting and Jay Brown was unseated from the Commission.

Report of the ZEO

Al Johanson has sent a letter to Mr. Vogt, Quality Improvements, 37 Industrial Park Access Road, who had withdrawn his application back in April, and reminded him that now that the regulations have been changed, it is time for them to come back to the Commission.

Mr. Johanson also reported that the property owner at One Lorraine Terrace would like to bring an additional shed (12 x 24) onto the property. The Commission had approved a barbecue on the property that would include one shed. She stated that the additional shed would be used for barbecue sauce and maybe some knick-knacks to sell. Mr. Johanson told her that he would ask the Commission about the issue. Bob Johnson asked Mr. Johanson to have her come before the Commission and that she may want to check the wetlands boundaries beforehand.

The cease and desist for a fence at 26 Mohegan has gone to court.

An initial letter has been sent to the property owner at 176 Peters Lane regarding vehicles on the property.

Another letter was also sent to Mr. Cihocki regarding his vehicles, asking for registrations and other documentation. He has been given until January 12, 2016. Mr. Johanson was not aware if any of the vehicles in question are being taxed. Bob Johnson stated that he had spoken to the Tax Assessor last Fall and he felt that he was going to be more aggressive.

Mr. Johanson reported that a cease and desist order has been sent to the property owner of 12 Sioux Road regarding the shed built too close to the road, but the appeal period has not ended yet. That will be going to court if there is no appeal made to the ZBA.

Mr. Johanson also reported that the fence on the right side of Jackson Hill Road is on Town property. The Board of Selectmen have talked to the Town Attorney and have a couple of possibilities, but nothing has been decided as of this morning. After the ownership issue is resolved, there will be a zoning permit and a variance request.

Al Johanson has done some research on the portable classrooms at Lyman and Memorial schools. He found that Lyman’s permit was issued in May 23, 2001 and should have come back in September, 2006. As of now, he has not been able to find it. Mr. Johanson is making a list of everybody that has appeared before the Commission and has not been able to find it in 2006, 2007 or 2008. As for Memorial school, he found a date of 2007, but has not found anything at all with regard to Memorial, including the original approval.

Bob Johnson felt that this issue needs to be resolved for housekeeping purposes but also felt that this may become an issue in the future regarding school use.

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January 13, 2016

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Mr. Johanson will also address a vehicle issue on Derby Road. Bob Johnson also asked him to make his annual call to Mr. Monarca, asking him to remove the tractor trailer from the cul-de-sac. Kevin Boyle also asked him to remind Country Flower Farms of his obligations. Mr. Johanson also explained to the Commission that they will get a written report next month as he will not be here.

Judy A. Salamandra Corso; Request for Extension, Long Hill Road/West Street Subdivision

Bob Johnson reported that a request had been received from Mrs. Corso and distributed the request to the Commission. Carol Kleeman, a realtor with William Raveis, was present on behalf of Mrs. Corso. She explained that they are asking for an extension of 10 years, but Bob Johnson stated that state statutes do not allow the Commission to grant a 10-year extension. Mr. Colegrove explained that the Commission can grant a five-year extension that can be renewed in five years.

Bob Johnson will call Mrs. Corso tomorrow and explain that the Commission cannot grant the request. Carol Kleeman explained that someone in the Building Department had told her that they can apply for either a five-year or a 10-year extension, but Mr. Johnson explained that that was incorrect information.

Mrs. Kleeman also explained that Mrs. Corso will go back through her records to see if the inspection fee has been paid. If the inspection fee was paid, Mrs. Kleeman wondered if this could go to a special meeting or would it have to wait until the February meeting. Mr. Johnson commented that Mrs. Corso has the right to request a special meeting of the Commission and if that happened, he would poll the members to be sure there would be a quorum. Otherwise, the next meeting is the second Wednesday in February.

Nick Williams, the buyer of the properties, asked what happens after 10 years and only one home has been built. Bob Johnson explained that the property owner can ask for a five-year extension and the Commission can grant an extension of any length that they’d like up to that five years. Mr. Johnson stated that there had been four lots originally and he personally knew of one being sold. Mrs. Kleeman stated that there were two lots remaining.

Geoff Colegrove directed Mr. Williams to a letter he wrote dated March, 2007 which explains the situation regarding the lots and the common driveway. A building permit cannot be issued for either lot until the common driveway is put in. Mr. Colegrove also explained that Mr. Williams can come back to the Commission in 2017 (assuming an extension is granted now) to request an additional five-year extension. Mr. Johnson explained that any information relating to this subdivision is available in the Land Use Department and the Mylars are in the Town Hall.

Town Planner’s Report

Geoff Colegrove met with the River COG and reviewed the issues that had been mentioned at the last meeting regarding lot lines and zoning lines. Mr. Colegrove also stated that the River COG has updated the housing and transportation sections of the POCD based on the regional plan that was adopted last year. He hopes to have a draft available in March. State statutes allow you to revise one section at a time. Mr. Colegrove feels the plan is close to being updated at this point. Kevin Boyle suggested language be included requiring water rights that the Town has acquired. Mr. Colegrove will get an edited version to the Commission, which will then require a public hearing.

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January 13, 2016

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The POCD needs to be submitted by June 30, 2016 and Bob Johnson asked if a draft could be available at the February meeting. Mr. Colegrove stated that he would have some of it done, but would not be able to have it all completed by February. Mr. Colegrove suggested that the Economic Development Commission come to the February meeting to present their plan. Kevin Boyle asked for the sections that would be impacted by the EDC’s Town Center plan be available for February’s meeting. Bob Johnson will email Bill Warner to invite him to the meeting.

Erin Wilson felt that the Commission should review the EDC’s report, summarize it and put it in as the Economic Development chapter. Geoff Colegrove reminded the Commission that the Town Center plan is not an overall Economic Development strategy.

As of now, the Housing and Transportation sections have been updated as well as the Corridor Study. The environmental and open space, economic development and public facilities sections have been not touched. It was noted that some improvements have been made at Peckham Park and Lake Beseck, the School Street property, soccer fields and the dog park.

Chairman’s Report

Bob Johnson is working on putting together the budget to be presented to the First Selectman.

Mr. Johnson also mentioned that the Birdsey property on Laurel Brook Road is for sale. This property is about 20 acres and is listed to be available for eight to 10 houses. He is also hearing that the Route 66 apartment project may be popping back up. The Commission agreed that if an application is presented, they will deal with it then.

Mr. Johnson also mentioned that he has been told that the State does not want to grant the exit for Dunkin Donuts as it was presented and he wasn’t sure if the project would move forward or not. The Commission generally hoped it all gets worked out. Peter Tyc commented that the five units at Supreme Auto have been inspected and are available for rental.

Bob Johnson will be going to the River COG meeting on January 25, 2016. Mr. Johnson expressed that he thought each of the members should go to at least one of their meetings and he will let everyone know the meeting schedule.

Mr. Johnson also agreed with Al Johanson regarding industrial park compliance. Geoff Colegrove suggested a letter be sent to each of the property owners that basically states that the regulations have been changed and a compliance review will be started. This would give the opportunity for anyone to come in to make changes. Kevin Boyle suggested that John Corona be copied on the letter.

Geoff Colegrove also mentioned that there has been interest in the COG developing an RFP to hire a consultant to look at some of the transfer station operations regarding efficiency, current practice and potential improvements. There was some discussion about operations of the transfer station and the cost to the Town.

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January 13, 2016

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Approval of Minutes

Scott Wheeler made a motion, seconded by Peter Tyc, to approve the minutes of the December 9, 2015 regular meeting, as presented. Motion carried unanimously.

Miscellaneous

Bob Johnson got a request today regarding Ross Road Estates asking for a bond reduction. Mr. Johnson spoke to Brian Curtis and Mr. Curtis is comfortable with the reduction. Kevin Boyle brought up the issue of concrete curbing and thought that Mr. Lovley had agreed to that. Mr. Johnson felt that if they were reminded of that, they would take care of it. Peter Tyc said they have been very cooperative so far, but he would like to see the fire tank be fully operational. It was also mentioned that three lots have been sold so far. Bob Johnson also mentioned that several lots have been sold and are being built at Happy Acres.

Scott Wheeler made a motion, seconded by Peter Tyc, to approve the reduction of the Ross Farm Estates’ bond from $482,777 to $130,000 with the following condition: that the fire tank be fully operational and tested. Motion carried unanimously.

Election of Officers for 2016

Bob Johnson asked if any regular member would care to be Chairman, but no one volunteered. Kevin Boyle then nominated Bob Johnson as Chairman. Peter Tyc nominated Kevin Boyle as Vice Chairman. Brooke Carlson nominated Scott Wheeler as Secretary.

Scott Wheeler made a motion, seconded by Brooke Carlson, to approve the nomination of P&Z officers for 2016 as Chairman Bob Johnson, Vice Chairman Kevin Boyle and Secretary Scott Wheeler. Motion carried unanimously.

Adjournment

A motion was made by Scott Wheeler, seconded by Kevin Boyle, to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 8:09 pm.

Respectfully submitted,

Debi Waz

Debi Waz

Alwaz First