CITY OF DANBURY155 DEER HILL AVENUEDANBURY, CONNECTICUT 06810
ZONING COMMISSION (203) 797-4525(203) 797-4586 (FAX)
MINUTESJULY 27, 2004
The meeting was called to order by Chairman Jack Knapp Jr. at 7:35PM.
Present were Theresa Buzaid, Christine Cuhsnick, Theodore Haddad Jr., Patrick Johnston, Jack Knapp Jr., Joseph Mooney, Lenny Silva Jr., and Alternates Donald Kennedy and Helen Hoffstaetter. Also present was Planning Director Dennis Elpern.
Absent were Richard P. Jowdy and Alternate Jean Anderson.
Chairman Knapp announced that Kevin Hearty has resigned from the Commission due to moving out of town. He said we expect the Common Council to vote on a replacement at their August meeting. He asked Ms. Hoffstaetter to take the place of the vacancy for the items on tonight’s agenda.
Chairman Knapp led the Commission in the Pledge Of Allegiance. He then reminded the Commission members that the next meeting is a special meeting scheduled for Thursday, August 5, 2004. The regular meeting, which was scheduled for August 11, 2004, has been cancelled.
Mr. Silva then made a motion that the minutes of May 25, 2004 & June 22, 2004 be accepted and placed on file. The motion was seconded by Mrs. Cuhsnick and passed unanimously.
===========================================================PUBLIC HEARINGS:
7:30 PM – Petition of the City of Danbury by Mario Ricozzi, Superintendent of Public Utilities to Amend Secs. 2.B. & 6.B.2.a. of the Zoning Regulations (Wood Waste Processing).
Mr. Silva read the legal notice and Chairman Knapp read the Planning Commission recommendation, which was positive with the suggestion to add the word organic.
Mario Ricozzi, PE, Superintendent of Public Utilities for the City of Danbury, spoke in favor of this petition. He explained that when the landfill closed in 1990, it had been accepting and processing (wood chipping) wood waste on site. Since that time they have continued to accumulate wood waste from various city projects and have been seeking a way to manage it. The City has decided that would like to subcontract this out and have someone run it as a business on this site. The first step in the process is to add this use to the zone. When it was previously done at this site, it was an accessory use to the landfill. He said this will be a simple operation, they will only accept natural wood waste tree trimmings, and no demolition material will be taken in. The operator of the site will process the waste into wood chips and sell them in bulk. This will be open to both residents and tree companies. It is essentially the same operation as existed as an accessory use to the landfill. Mrs. Cuhsnick asked why not do this on a site-specific basis instead of amending the zone, which will affect all properties with this zoning designation. Mr. Elpern said the regulations have to be uniform and since this is the heavy industrial zone, it is where this type of use belongs. Ms. Hoffstaetter asked why this is being proposed as a permitted use when the landfill was a special exception use? Mr. Elpern explained that the proposed wood chipping use is nowhere as intense a use as the landfill was. Mr. Haddad questioned the Planning Commission recommendation proposing a revision to the amendment. Mr. Ricozzi explained that the Planning Commission had been concerned about fencing or demolitions materials being brought in with the wood waste. He added that he has no problem with this language being added. Mr. Johnston if they will limit this to only Danbury tree businesses. Mr. Ricozzi said it would be open to only Danbury residents on certain days. It will also be open to the Public Works Department and commercial companies who may bring trimmings from Danbury and wherever. Mr. Ricozzi said when they were drafting the contract they took into consideration the fact that this is a small site of about three acres. This site was preferred because they already had driveways, etc there. He said the DEP has to approve the operation and will regulate how it is kept. The activity on the site will be limited in order to keep it under control. Mrs. Buzaid asked why they weren’t concerned about the noise. Mr. Ricozzi said even with three machines operating at once, the noise level does not compare to the adjacent uses, the municipal Public Works complex, an asphalt plant, an auto junkyard, etc. He reminded the Commission that this is located in the heavy industrial zone, which is designed for these types of uses. Mr. Elpern reminded them that there is a five hundred (500) foot separation distance required from residential development. Chairman Knapp asked Mr. Elpern for staff comments and Mr. Elpern said the Planning Department is in favor of this proposal.
Pauline Basso, 8 Hoyt St., said she also is in favor of this proposal. She said they were amazed at the number of citizens who showed up to speak in favor of this when they considered the lease at the Common Council meeting. She added that this will be a free service to City residents and it is a win- win situation for all involved.
Chairman Knapp asked if there was anyone in opposition
Lynn Waller, 83 Highland Ave., said she is not in opposition but concerned about it being in the IG-80 zone. She said her concern is for all of the other areas that are zoned IG-80. Someone else could buy a wood chipper, start accumulating the wood waste and start a business. She pointed out that it could be disruptive to any neighbors.
Mr. Ricozzi again mentioned that the five hundred (500) foot distance requirement from any residential zone. Mr. Elpern reminded everyone that there only two areas of the City that are zoned IG-80. The bulk of it is the City’s Public Works complex and the other site is the O & G properties on Segar St. He said this zone allows for strictly heavy industrial uses and that is why this was a perfect fit. Mr. Johnston suggested restricting hours of operation. Mr. Ricozzi said the work will occur during daylight hours only. Although the Public Works complex is open 24 hours a day, this function will be done during normal working hours. He reminded them that it will not be a City run operation, it will be a private subcontractor. He referred to the contract saying the City has the control over the operations. Mr. Johnston said he is concerned about all of the condos located on Shelter Rock Rd. Mr. Ricozzi said the wood chipping is a much less intense use than any of the existing uses on the road. Mr. Silva mentioned the rock crushing plant located near Dell’s junkyard, saying it is not bothering anybody. Mr. Ricozzi said this is much less intense – there will be no dust and less noise. Ms. Hoffstaetter questioned if the piles of wood chips would create a fire hazard. Mr. Ricozzi said that is managed by keeping the piles fairly small and moving them off the site quickly. If they sit too long, they create heat and start to decompose. This is one of the issues that DEP will look at before issuing the permit. There is no danger in throwing a match because it won’t just catch fire. In closing he pointed out that this area is already fenced in and gated with locks and there is City water available on site.
Mrs. Cuhsnick made a motion to close the public hearing. The motion was seconded by Ms. Hoffstaetter and passed unanimously. Mrs. Cuhsnick then made a motion to move this matter to Old Business. The motion was seconded by Mr. Silva and passed unanimously.
Mr. Silva made a motion for a five-minute recess. The motion was seconded by Mr. Johnston.
Chairman Knapp called the meeting back to order at 8:10 PM
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7:45 PM – Petition of the City of Danbury by Dennis I. Elpern, Planning Director to Amend Secs. 2.B. & 5.A.2. of the Zoning Regulations (Amusement Enterprises).
Mr. Silva read the legal notice. Chairman Knapp read the Planning Commission recommendation, which was positive.
Dennis Elpern spoke in favor of this petition. He said this petition came about because several people had wanted to open this type of children’s party center offering games, rides and videos. Unfortunately the use was not allowed in any zone because there never was any specific language to permit it. Because people did not want video arcades they just never did anything about this kind of use. The CG-20 zone allows a wide variety of uses and this would not be detrimental to the zone. They put in two provisions: no gambling or serving of alcoholic beverages. Mrs. Cuhsnick asked how Fun Station on Mill Plain Rd. came into existence. Mr. Elpern explained it was originally was approved as a roller-skating rink and all of the other uses just appeared there. There were not approvals or permits issued for the additional uses. He added that this use would not be harmful or out of character with the other uses permitted in this general commercial zone. Mrs. Buzaid asked if the kids running around wouldn’t be a safety hazard. Mr. Elpern said this is an entirely inside operation and there will be parental supervision as well as the employees who work there. He introduced Anthony Jones who will run the business if the amendment is approved.
Anthony Jones then said the children’s safety is of paramount concern, but they will have rules, which will keep them safe. The most important rule is that children must be accompanied by adults. Their target market is younger children, under age of eleven (11) and parties will be limited to fifteen (15) children. They also are limiting the number of people who will be in the facility at any time. He said they wanted to do something for smaller children and he feels certain that there will be nothing there that will attract teenagers. Since all of their activities are geared toward the younger children, there will be no reason for any teenagers to loiter on the premises.
Chairman Knapp asked if there was anyone to speak in opposition and there was no one.
Mr. Haddad asked Mr. Elpern if the word “loops” shouldn’t be “hoops”. Mr. Elpern said it should be hoops. He asked them to amend the language to read basketball “hoops” instead of “loops”.
Mr. Silva made a motion to close the public hearing. The motion was seconded by Mr. Johnston and passed unanimously. Mrs. Cuhsnick then made a motion to move this matter to Old Business. The motion was seconded by Mr. Silva and passed unanimously.
8:00 PM - Petition of the City of Danbury by Dennis I. Elpern, Planning Director to Amend Sec. 8.C.1.b. of the Zoning Regulations (Special Event Parking).
Mr. Silva read the legal notice and Chairman Knapp read the Planning Commission recommendation, which was positive.
Dennis Elpern spoke in favor of this petition. He said this came about as a result of the intention to open the ice rink up to a professional hockey team. Upon looking at the Regulations, we found they don’t regulate parking for this kind of special events. He said the everyday parking for the rink is addressed by the Special Exception approval for off-site parking in the Patriot Garage. Because more seating will be added at the rink, more parking will be required. The use of the rink by the professional hockey team would be sporadic, so there is no need to change the parking requirement for all of the time. This is for approximately forty games per year, special events not regularly held in a facility that is approved for this type of use. This will generate parking demand in excess of what is normally required. Mr. Elpern explained that they have to provide evidence that there is parking available including documentation from owner of the site guaranteeing the parking will be available for these special events. He said the standard distance for the parking is not more than five hundred (500) feet from the site but after doing research in other towns with these types of uses, he found some go to fifteen hundred (1500) feet. He added that this is not the type of use that we will be getting a lot of requests for. He said we are setting a total limit of fifty-two (52) events per year. Mr. Haddad said this proposal is very well done and comparable to what they use in Bridgeport, CT. He asked if it could apply other places in the City. Mr. Elpern said each use gets fifty-two (52) events but they can’t claim to use the same parking. Mr. Haddad questioned if the City will be able to respond within five (5) days. Mr. Elpern said that will not be a problem. Chairman Knapp said he is concerned about parking in the downtown area becoming worse than it is now. Mr. Elpern said this hockey situation is unique because they have a schedule and the parking is locked in for those dates. Chairman Knapp said if everybody is using Patriot Garage, how many spaces could he or she possible provide? Mr. Elpern said that situation will be alleviated when the new garage is built because people who currently park in the Patriot Garage may decide to park in the new garage. Mr. Elpern said this hockey situation is unique because they have a schedule and the parking is locked in for those dates. Mrs. Cuhsnick asked about whose liability it will become if there is an incident. Mr. Elpern said the City would be no more liable than for any other parking. Mrs. Cuhsnick asked if they foresee any other special events taking advantage of this provision. Mr. Elpern said he does not know of any at this time. Mrs. Buzaid asked if this is like the church festivals that get all the cars, which end up, parked all over the place. Mr. Elpern said this is a different type of situation. He said the proposed language talks about exemptions like church functions and this is something different; much larger and much greater duration. Mr. Johnston asked if they have an idea of how many vehicles to expect? Mr. Elpern said they now have approval for 313 off site spaces and they need approximately 260 more spaces. There were no other questions.
Attorney Paul Jaber then spoke in favor of this amendment. He said he is representing the Danbury Trashers, LLC, which is an independent team that would like to use this facility. They are going to install within the existing building an additional 1,200 seats in the mezzanine area. He said they hope the creation of a minor league sports entity will be a major plus to the City of Danbury by bringing more activity into the downtown especially on weekends. He said there are forty (40) league games scheduled, some evenings and some weekends. All of the construction is being done at expense of the Trashers at no cost to the City. He said approximately 1,200-1,600 seats are being added to reach a maximum number of 2000. He said the concept of shared parking is one that does not conflict with the existing businesses. An likely choice would be an office building that does not use it’s parking at night sharing it’s parking with this type of use.
Lynn Waller, 83 Highland Ave., said this is a very wise decision but wondered if they will have written agreements with the businesses they will be getting the parking from. She said her concern is about the restaurants losing business because of the hockey people taking all the spaces. She then said she thinks this is a good idea and something we desperately need in the downtown.
Mr. Elpern then spoke again saying it is in the proposed language that a lease agreement must be entered into by the two parties. He said if this plan doesn’t work we will change it. Mr. Johnston asked if the City would be monitoring the usage of the parking that is provided by the applicant. Mr. Elpern said they hope the creation of a minor league sports entity will be a major plus to the City of Danbury by bringing more activity into the downtown especially on weekends but if people choose to park somewhere else, that is not a City matter. All we need to know is that the minimum amount of required parking has been provided.
Mrs. Cuhsnick made a motion to close the public hearing. The motion was seconded by Mr. Silva and passed unanimously. Mrs. Cuhsnick then made a motion to move this matter to Old Business. The motion was seconded by Mr. Johnston and passed unanimously.
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CONTINUATION OF PUBLIC HEARING:
1) Petition of Saturn of Danbury, Inc., 62 (aka 84) Federal Rd. (#K11059 &#K11111) for Change of Zone from IL-40 to CG-20. Continued from June 22nd meeting for clarification of maps. 35 days will be up on July 28, 2004.
Chairman Knapp said this hearing had been continued to resolve the question of whether this was five lots or two lots. He said the secretary had researched it and found there was a subdivision approved for this property in 2000. The subdivision map was filed on the Land Records, but the Assessor’s map was not changed to reflect this. Since the applicant based their application on the Assessor’s map, they only listed two lots on their application. Their zone change map includes all of the lots so if we decide to approve this we need to mention all the Assessor’s lot numbers in the motion: #K11059, #K11111, #K11159, #K11160 & #K11161.
Attorney Paul Jaber spoke in favor again. He said the publication in the News-Times had the correct addresses by which all of these parcels are identified. He said the Assessor’s Office had explained to him that between 1999 and 2000, they didn’t record the changes on the maps due to being short a staff member, so their records fell behind and they are now trying to bring them up to date. So when his title searcher went to the Assessor’s Office and requested a map, the copy she was given did not reflect the 2000 subdivision. He said he would provide a “hold harmless” document for the file stating that this change included all of the lots. He then introduced James Carlyle from General Motors who came to speak about how they retain control of site. Mr. Carlyle said GM’s investment in a site for a dealership is not taken lightly. They retain site control for 25 years. If this applicant cannot maintain his business, GM will find someone who can keep it going. He said GM is committed to the site and is providing assistance in several ways to this business including financial. There were no questions from the Commission.
Chairman Knapp reminded the applicants that approval of this would require a six-vote majority due to the Planning Commission recommendation being negative. Chairman Knapp reviewed who was eligible to vote: Mrs. Buzaid, Mrs. Cuhsnick, Mr. Johnston, Mr. Silva, Mr. Kennedy, Ms. Hoffstaetter and Chairman Knapp. He explained that Mr. Haddad had recused himself; Dr. Mooney is not eligible as he was not present at the public hearing and there is the vacancy created by Mr. Hearty’s resignation. The applicant said if the Commission is ready to vote, they would like them to this evening instead of tabling it until there are more members present that are eligible. Chairman Knapp again mentioned that there only seven members present who are eligible to vote.
OLD BUSINESS:
Chairman Knapp asked Ms. Hoffstaetter to take Mr. Jowdy’s place and Mr. Kennedy to take the place of the vacant seat for the Old Business.
1) Petition of the City of Danbury by Mario Ricozzi, Superintendent of Public Utilities to Amend Secs. 2.B. & 6.B.2.a. of the Zoning Regulations (Wood Waste Processing).
Chairman Knapp said they had heard this earlier this evening and closed the hearing. He asked for discussion from the Commission members.
Mr. Johnston made a motion to approve this petition for the following reason:
• This proposal is consistent with the Plan of Conservation & Development. This same use previously existed as an accessory use to the landfill.
The motion was seconded by Mrs. Cuhsnick. Mr. Haddad asked if they want to amend the language to add the word “organic” as suggested by the Planning Commission.
Mr. Johnston amended his motion to add the word “organic” as suggested in the Planning Commission recommendation. Mrs. Cuhsnick amended her second to include that language change.
Chairman Knapp called a roll call vote and the amended motion to approve was passed unanimously with nine AYES (from Mrs. Buzaid, Mrs. Cuhsnick, Mr. Haddad, Ms. Hoffstaetter, Mr. Johnston, Mr. Kennedy, Dr. Mooney, Mr. Silva and Chairman Knapp).
2) Petition of the City of Danbury by Dennis I. Elpern, Planning Director to Amend Secs. 2.B. & 5.A.2. of the Zoning Regulations (Amusement Enterprises).
Mr. Johnston made a motion to approve this petition changing the word “loops” to “hoops”, for the following reason:
· This proposal is consistent with the Plan of Conservation & Development and is compatible with the other uses permitted in the General Commercial zone.
The motion was seconded by Mrs. Cuhsnick with the corrected language. Chairman Knapp called a roll call vote and the amended motion to approve was passed unanimously with nine AYES (from Mrs. Buzaid, Mrs. Cuhsnick, Mr. Haddad, Ms. Hoffstaetter, Mr. Johnston, Mr. Kennedy, Dr. Mooney, Mr. Silva and Chairman Knapp).
3) Petition of the City of Danbury by Dennis I. Elpern, Planning Director to Amend Sec. 8.C.1.b. of the Zoning Regulations (Special Event Parking).
• The Regulations presently don’t regulate parking for special events that generate a parking demand in excess of what is normally required. Since these special events would be sporadic, there is no need to change the parking requirement for all of the time. The City would retain control by requiring a schedule of specific dates be submitted to them as well as documented evidence that there is parking available.
The motion was seconded by Mr. Silva. Chairman Knapp called a roll call vote and the motion to approve was passed unanimously with nine AYES (from Mrs. Buzaid, Mrs. Cuhsnick, Mr. Haddad, Ms. Hoffstaetter, Mr. Johnston, Mr. Kennedy, Dr. Mooney, Mr. Silva and Chairman Knapp).
4) Petition of Saturn of Danbury, Inc., 62 (aka 84) Federal Rd. (#K11059, #K11111, #K11159, #K11160 & #K11161.) for Change of Zone from IL-40 to CG-20.
Chairman Knapp said they had closed the public hearing earlier this evening and asked for discussion from the Commission members.
Mr. Johnston made a motion to approve this petition for the following reasons:
· The commercial use of the property will have no adverse effect on the traffic and will be compatible with many of the other properties in the area.
The motion was seconded by Mr. Kennedy. Chairman Knapp called a roll call vote and the motion to approve was passed with six AYES (from Mrs. Buzaid, Ms. Hoffstaetter, Mr. Johnston, Mr. Kennedy, Mr. Silva and Chairman Knapp) and one NAY (from Mrs. Cuhsnick).
NEW BUSINESS:
1) ZBA Referral - Application #04-58 for NDT Development Group LLC, 17 Thorpe St. Ext. (#H12118), Use Variance to Sec.5.A.2., to permit construction of 4-family dwelling in a commercial zone (CG-20). ZBA public hearing scheduled for July 22, 2004.
Mrs. Cuhsnick made a motion to table this until next week’s special meeting. The motion was seconded by Mr. Johnston and passed unanimously.
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The Correspondence consisted of four Cease & Desist Orders and the For Reference Only listed the public hearings scheduled for the special meeting on August 5, 2004 and the regular meetings on August 24, 2004 and September 14, 2004.
Under Other Matters, Mr. Haddad said even though he disqualified himself on the zone change, he wanted to know if the approval of the zone change means a McDonald’s could be built on this property.
At 9:30 PM, Mrs. Cuhsnick made a motion to adjourn. The motion was seconded by Ms. Hoffstaetter and passed unanimously.