TOWN OF REDDING
ZONING COMMISSION
REGULAR MEETING
MAY 10, 2006
TOWN HALL HEARING ROOM
Present: Frank Taylor, Chairman, Gerry Casiello, Vice-Chairman, Ben Gordon, Marshall Sanford, John Shaban, Joseph Ventricelli, Amy Atamian, and Gary Miyashiro
Also Present: Tom Gormley, Zoning Enforcement Officer and Attorney Robert J. Sitkowski
REGULAR MEETING
Chairman Frank Taylor called the regular meeting of the Redding
Zoning Commission to order at 7:33 p.m.
APPROVAL OF THE MINUTES OF THE PUBLIC HEARING OF APRIL 26,
2006
MOTION: Mr. Sanford made a motion to approve the minutes of the public
hearing of April 26, 2006 as submitted. Mr. Gordon seconded the motion
and it was carried unanimously.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL
26, 2006
MOTION: Mr. Sanford made a motion to approve the minutes of the
regular meeting of April 26, 2006 as submitted. Mr. Casiello seconded the
motion and it was carried unanimously.
Boys and Girls Club of Redding, 170 Cross Highway-Limited Duration
Permit for Annual Barbeque
There will be no off premises directional signs for this event.
MOTION: Mr. Casiello made a motion to approve the application submitted
by the Boys and Girls Club of Redding for a Limited Duration Permit for their
annual barbeque to be held on June 17, 2006 and to waive all fees with the
exception of the publication fees. Mr. Sanford seconded the motion and it
was carried unanimously.
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First Church of Christ Congregational, 25 Cross Highway-Limited
Duration permit for 25th Annual Church Fair
MOTION: Mr. Sanford made a motion to approve the application submitted
by the First Church of Christ Congregational, 25 Cross Highway for a limited
duration permit for their 25th annual church fair to be held September 30,
2006 and to waive all fees with the exception of the publication fees. Mr.
Casiello seconded the motion and it was carried unanimously.
Maureen Grimaldi, 22 Hopewell Woods Road-Special Permit for a
residential in-law apartment
MOTION: Mr. Gordon made a motion to approve the application submitted
by Maureen Grimaldi for a special permit for a residential in-law apartment
on 22 Hopewell Woods Road. Mr. Sanford seconded the motion and it was
carried unanimously.
Georgetown Land Development, Main Street, Georgetown-Site plan
approval for “Main Site”
The draft motion was distributed to the Commission and reviewed.
MOTION: Mr. Gordon made a motion to accept the findings. Mr. Sanford seconded the motion and it was carried unanimously.
MOTION: Mr. Gordon made a motion to approve the site plan for “Main Site” for Georgetown Land Development per the amended discussion of the Commission and the Town Attorney with the conditions as listed below. Mr. Sanford seconded the motion and it was carried unanimously.
Background
1. The applicant, Georgetown Land Development Company (“GLDC”) previously received approval from the Redding Zoning Commission (the “Commission”) for a zone change to amend the Redding Zoning Map to designate all of the GLDC property within what is commonly known as “The G&B Site” and the GLDC property located south of Connecticut Route 107 (more commonly known as The Lagoon Area) as a Special Development District under the provisions of the Redding Zoning Regulations.
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2. As a part of the application referred to in item 1, GLDC included an overall development Master Plan and Preliminary Site Plan, as required by the Redding Zoning Regulations for consideration as a Special Development District (“SDD”).
3. Since the initial approval of the Master Plan and Preliminary Site Plan, GLDC has twice received approvals for minor amendments to the Master Plan and Preliminary Site Plan.
4. As part of the initial phase of site development, GLDC applied for and was granted a site plan permit for development of an expansion to the existing Redding Sanitary Sewer Disposal system and has begun development of this expansion. The Commission granted site plan approval at its regularly-scheduled meeting of May 11, 2005, and the Redding Zoning Enforcement Officer (“ZEO”) issued a Zoning Permit pursuant to the site plan permit on December 19, 2005.
5. In December 2005, GLDC submitted a Site Plan application as the second and final stage of the approval of SDD (the “Application”) to the Commission proposing the development of the 45 acres of the G&B Site located north of Connecticut Route 107 (the “Main Site” or the “Property”).
6. GLDC submitted concurrent applications to the Redding Conservation Commission for approval of activities related to the development of the Property and to the Redding Planning Commission for approval of the subdivision of the Property. Both the Conservation Commission and the Planning Commission approved their respective GLDC applications.
7. The duly-noticed public hearing on the Application convened on February 8, 2006, was continued to February 22, 2006, March 8, 2006, March 22, 2006, and April 12, 2006, after GLDC granted the Commission the necessary extension of time in which to close the public hearing. The public hearing was closed on April 12, 2006.
8. Commission referred the Application to the Redding Planning Commission the Redding Board of Selectman, the Redding Conservation Commission, the Redding Health Officer, the Redding Water Pollution Control Commission, and the Georgetown Fire Marshal, as well as to the
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surrounding communities of Ridgefield, Wilton, and Weston and to the applicable regional planning agencies, i.e., SWRPA and HVCEO.
Findings
The Redding Zoning Commission, upon written information received and comments provided by the public and GLDC and its experts at the public hearing before the Commission, and upon the advice and information given to the Commission by experts and staff under its employ and/or direction, finds the following:
1. That the Application, together with further information acquired from GLDC and its experts during the public hearing, and further information acquired from experts and staff under the Commission’s employ and/or direction, contains sufficient information necessary for a fair determination of the issues to be considered.
2. In evaluating the Application, as defined in its regulations, the Commission has considered all evidence offered as part of the record of the public hearing, together with advice supplied to the Commission by its own experts and staff hired or under its direction, testimony and information provided by the public at the public hearing with respect to the standards set forth in the Redding Zoning Regulations.
3. The Commission enters its decision based on the application materials as initially submitted and as supplemented during the course of the public hearing, and accepts all amendments proffered by GLDC during the course of the public hearing.
4. The Application generally conforms to the requirements of the approved Master Plan, as amended, and to the requirements of the approved Preliminary Site Plan, as amended. Specifically, all proposed development conforms to the Design Code and the Zoning Information Table as submitted and approved as part of the SDD designation. Some de minimus differences exist between the Application and the approved Preliminary Site Plan. These differences are, however, a reasonable result of the anticipated process of more detailed site analysis and planning. None of these differences are sufficient enough to be
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considered “significantly different from the approved Master Plan and Site Plan” as outlined in the Redding Zoning Regulations.
5. GLDC has received a License for Activities within a Regulated Area from the Redding Conservation Commission. By this reference, the terms of that license are hereby incorporated into these findings.
6. GLDC has received an approval of its Subdivision Plan from the Redding Planning Commission. By this reference, the terms of that approval, including the conditions of approval and clarifications thereto, are hereby incorporated into these findings.
7. The Georgetown Special Taxing District (“GSTD”) was created through GLDC’s efforts pursuant to State of Connecticut Special Act No. 05-14 to provide creative mechanisms for enabling the development to occur, for establishing responsibilities for maintenance over the course of time, and for sustaining the land-use controls that were built into the Master Plan. By this reference, the terms of that Special Act, as it may be amended, are hereby incorporated into these findings.
8. GLDC has provided an Affordability Plan under Conn. Gen. Stat. §8-30g to assist the Town of Redding toward its goal of achieving compliance with the Connecticut Affordable Housing Appeals Act.
9. GLDC has provided a “Declaration of Covenants and Restrictions” providing for, inter alia, the relationship between the Town of Redding, Redding Land Use and other regulatory agencies, property owners within the development and the GSTD.
Accordingly, based on a thorough review of all application materials, as initially submitted and as supplemented during the course of the public hearing, and in consideration of the above findings, the Redding Zoning Commission hereby approves the Application, subject to the following Conditions:
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Conditions of Approval
General
1. Prior to the issuance of a Zoning Permit, GLDC shall:
a. Pay to the Town of Redding the Site Plan Fee as required by the Redding Zoning Regulations in an amount of $22,577.00, based on an estimated development cost of $22,531,811.00.
b. Provide a Performance Guarantee, in a form acceptable to the Town Counsel for the Town of Redding, in the amount of $500,000.00 for the Demolition phase and $100,000.00 for each of the four construction phases, which reflects the cost of the types of site work identified in Section 5.2.8 of the Redding Zoning Regulations. Terms of the Performance Guarantee shall require the payment of each of these amounts prior to the start of each respective phase. Terms may also allow for staged release of up to fifty percent (50%) of each phase amount six (6) months after inspection by the ZEO indicates the work of that phase is completed per the plan and is stable. The remainder of the
amount for each phase may be released twelve (12) months after the inspection date for that phase if there has been no significant change in the status of the inspected portion of the development.
c. Provide one copy of pre-filing site plan documents containing all amendments and/or clarifications required by the Commission or represented by GLDC during the public hearing.
i. These documents shall be reviewed by Commission staff for consistency with the applicable conditions of approval and the materials submitted or amended during the hearing, which may include a review of the public hearing transcript.
ii. After this review is completed by Commission staff and the final documents are approved by the Commission, GLDC
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shall provide 3 full sized copies and 4 reduced copies for the Commission files and use for site monitoring during development.
iii. GLDC shall provide one Mylar of the overall site development plan as approved for signature and filing.
d. Provide a written document designating a Site Development Project Manager (“Project Manager”), which shall include at least the following:
i. The Project Manager shall be responsible for maintaining all site development plans, required permits, project schedules, work plans, and related construction documents. All documents shall be maintained in an office of GLDC’s choosing to which the ZEO shall have access during all project work hours.
ii. The Project Manager shall be on site during all hours of operation or provide a designated contact individual to the ZEO who shall be on site in the event the Project Manager is absent for more than two hours. Access outside of normal project working hours shall be for emergency use only, and the Project Manager shall provide the ZEO with a designated contact individual who will be responsible for notification of emergency and for providing emergency access to the site on a 24 hour per day, 365 day per year basis.
iii. The Project Manager shall provide written weekly reports on all site development activities to the ZEO.
iv. Upon notification to the Project Manager, the ZEO shall be given access to the site at all times to make required site inspections.
v. The Project Manager and the ZEO shall meet regularly to review the status of all site development work versus the approved plans. The schedule of these meetings shall be
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determined between the Project Manager and the ZEO based on the planned activity schedules.
vi. For purposes of this Section 1(d), the reference to ZEO shall include an Assistant ZEO to be hired by the Town of Redding solely for the purpose of managing this construction process and the required zoning inspections and reviews. The term of employment of the Assistant ZEO shall begin at the initiation of demolition and terminate at the conclusion of infrastructure construction. During this term, the cost of the employment of the Assistant ZEO, which is estimated to be $35 per hour, 20 hours per week, shall be paid by GLDC.
2. Contractor and Subcontractor Notice of Requirements
a. Any and all materials provided to site development contractors or subcontractors or purchasers shall include these conditions of approval. All documents shall contain clear notification that any failure to adhere to these Conditions of Approval or other project phasing requirements shall require the contractor or contractors failing to adhere to these requirements to immediately implement such repairs or remedies as required by the Redding ZEO at the contractors own expense within the timeframe required by any Notice of Violation issued by the ZEO or any other authorized agency or department of the State of Connecticut or the Town of Redding including but not limited to the Redding
Sanitarian, Connecticut Department of Environmental Protection (“DEP”) or United States Environmental Protection Agency (“EPA”).
b. All contracts provided by GLDC to any contractor or subcontractor or written scopes of work provided by GLDC shall contain a clause indicating the authority of the ZEO to issue stop work orders and require the contractor or contractors to perform any required remedies to bring their work into compliance with these Conditions of Approval.
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c. All Contractors or subcontractors shall provide a copy of their State of Connecticut Contractor’s Certificate or license to the Project Manager and the ZEO.
2. All conditions and requirements of the approved Master Plan not otherwise addressed by this approval shall remain in full force and effect. Any proposed deviation from any provision or requirement of the approved Master Plan and/or this approval shall be submitted to the Commission for review and decision. During construction, if any deviation from the approved plans is noticed by the ZEO, all work on the site shall immediately be suspended until the deviation or suspected deviation is reviewed by the Zoning Commission. The ZEO shall notify the Project Manager of any suspected deviation prior to the order to cease all work on the site. If the ZEO and the Project
Manager cannot resolve the apparent deviation, the ZEO shall issue a stop work order. The Project Manager may request an emergency meeting of the Redding Zoning Commission be convened within two work days to resolve any issues.
3. That version of the “Affordability Plan” received by the Commission on March 22, 2006 shall be recorded on the Redding Land Records concurrently with the final Site Plan, in substantively the same form as that version received by the Commission, after review of the same by the Commission’s Counsel.
4. That version of the “Declaration of Covenants and Restrictions” received by the Commission on March 22, 2006 shall be recorded on the Redding Land Records concurrently with the final Site Plan, in substantively the same form as that version received by the Commission, after review of the same by the Commission’s Counsel.
Operations
1. General Hours of Operation. Earth moving, structural demolition, trucking of materials on or off site, exterior site development, and exterior building construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday, excluding State or Federal Holidays. No exterior work of any kind is permitted on Sunday or on a State or Federal Holiday.
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2. Staging Plan. The site development shall follow the Staging Plan submitted by GLDC and approved by the Commission. Any subsequent stage may not commence until the ZEO has inspected and verified that the prior stage has been completed per the approved plan or is at such a stage of development that the ZEO determines that no potential problems are evident in allowing the subsequent stage to commence.
Demolition
1. GLDC shall provide the following prior to the issuance of demolition permits:
a. A trucking plan showing the proposed routing for disposal of materials from the site, shall be provided for approval by the Commission.
b. A demolition plan, including at least the following elements, shall be provided for approval by the Commission:
i. Approval by the DEP and/or EPA, as appropriate, for areas containing hazardous materials.
ii. Identification of all structures to be demolished and/or earth materials to be removed from the site or capped and maintained on site.
iii. Hours of operation
iv. On-site materials storage
v. Dust management
vi. Hazardous materials management
vii. Special precautions and notice to the appropriate neighboring property owners, to be reviewed with and approved by the ZEO, for any demolition or hazardous materials management along the Portland Ave side of the site due to the presence of schools directly across the street from this area.
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Site Development
1. Stormwater management facilities shall be designed, built and maintained in conformance with the plans approved by the Commission.
2. Prior to commencement of any construction or demolition activities, GLDC shall secure the requisite stormwater general permit from the DEP. Any and all contractors or subcontractors involved in any earth moving or infrastructure construction shall be required to be signatories of and bound by this permit, to the extent required by the general permit.
3. During the construction period, all stormwater management facilities shall be inspected at least weekly for continuing proper operation. In the event of a significant storm event, i.e., a rainfall of 0.5 inches or greater, the Project Manager shall ensure that a qualified individual is on-site within 24 hours of the end of storm event to monitor the operations of all stormwater management facilities. GLDC shall provide for availability of emergency repair resources in the event of notice of a failure of any portion of the stormwater and sediment control infrastructure. In the event of a failure, GLDC shall begin emergency repairs within 2 hours of notification of failure.
Upon conclusion of construction, maintenance of the stormwater facilities shall conform to the requirements set forth in the section of GLDC’s Engineering Report entitled “Storm Drainage Maintenance and Inspection.”
4. Any disturbed areas or earth stockpiles to remain in place and inactive for more than one week shall be secured from erosion by means of seeding, mulching, matting or other such measures as may be required by the ZEO. All earth storage areas are to be ringed with staked hay bales and siltation fencing. No disturbed areas or stockpiles shall be left exposed over a weekend or holiday period. The stabilization plan for such areas shall be reviewed and approved by the ZEO and in place prior to the contractor leaving the site.
5. GLDC shall provide the following prior to the issuance of building permits:
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a. A letter from DEP fully approving the proposed Remedial Action Plan shall be provided to the Commission prior to the issuance of building permits for buildings within the area to be remediated.
b. Soil erosion and sediment control plans shall be submitted to the Commission for each phase of the development prior to issuance of building permits for such phase. All such plans shall conform to the DEP’s “2002 Connecticut Guidelines for Soil Erosion and Sediment Control.”
c. Certification of the anticipated water demand for that structure and the excess capacity available in Aquarion's Georgetown system to document to the Town that adequate water supply is available from the present allocation of 44,500 gallons per day capacity. Such certification, made on a form consistent with the form supplied by the Applicant during the public hearing, shall be provided by GLDC or its successors or assigns. This condition shall expire upon receipt by the Redding Planning Commission of a copy of the diversion permit issued by the DEP to Aquarion.
d. All buildings, structures, and/or occupied floor levels shall be located in relation to the l00-year flood elevation in strict conformance with the documented requirements and definitions of the Federal Emergency Management Agency (“FEMA”) and related agencies at the State and Local levels. GLDC shall provide proof of conformance acceptable to the Commission as advised by its consultants. This demonstration of conformance with FEMA requirements or procedures is to ensure that the Town of Redding maintains its standing for availability of Federal flood insurance.
6. GLDC shall provide the following prior to the commencement of any construction or demolition activities at Lots N7 and E4:
a. Retaining walls and buildings located on such Lots that require excavation in excess of five feet, any portion of which is within 20 feet of the right-of-way of Portland Avenue, shall be designed by a Structural Engineer licensed in the State of Connecticut. Such design is to be submitted for acceptance by the Zoning
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Commission, as advised by its Engineering Consultant. The cost of such review shall be reimbursed by the Permittee.
7. A letter from the Connecticut Department of Transportation approving the final design of the proposed new North Main Street Crossing must be provided to the Commission prior to commencement of construction related to the realignment of North Main Street and/or the railroad grade crossing.
Krasniqui, 280 Ethan Allen Highway-Site Plan Approval for a two story restaurant/banquet hall and storage warehouse building
Mr. Casiello explained that the Commission had concerns about the necessity for sprinklers in the warehouse. Mr. Taylor indicated that this Commission has no authority to require them, it is the responsibility of the Fire Marshal.
MOTION: Mr. Casiello made a motion to approve the application submitted by Mr. Krasniqui for a site plan approval for a two story restaurant/banquet hall and storage warehouse at 280 Ethan Allen Highway. Mr. Gordon seconded the motion and it was carried unanimously.
Parker Coates-Discuss Zone Changes in Redding
Mr. Parker Coates was present and the Commission was provided with regulations from adjoining towns.
Mr. Taylor explained to Mr. Coates that he has the option of providing the Commission with an amendment to the Zoning Regulations and presenting it at a public hearing. Mr. Parker agreed to take on this task.
Iris Corneille-Batson, 953 North Park Ave. Ext.-Special Permit for a residential apartment
The applicant stated that she is technically building a pool house which will consist of bedrooms and a kitchen. Mr. Taylor explained that by definition this pool house would be considered an apartment because it includes a kitchen. A sink, stove and refrigerator make up a kitchen. She agreed to
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eliminate the kitchen and keep the bedrooms so that it will be considered a pool house.
Discussion by the Zoning Commissioners on Public Water Evaluation Committee being served to Portland Avenue in Georgetown
Mr. Taylor stated that he will serve as a representative of the Zoning Commission for this Public Water Evaluation Committee.
Communications
Mr. Taylor reviewed the communications.
Adjournment
Mr. Casiello made a motion to adjourn the meeting at 8:54 p.m. Mr. Sanford seconded the motion and it was carried unanimously.
Filed Subject to Approval,
Respectfully Submitted,
Dorothy Torres, Clerk
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