PC Minutes 07/02/08

PLANNING COMMISSION
(203) 797-4525
(203) 797-4586 (FAX)

MINUTES
JULY 2, 2008
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The meeting was called to order by Chairman Arnold Finaldi, Jr. at 7:30 PM.

Present were Kenneth Keller, Edward Manuel, Joel Urice, Arnold Finaldi Jr. and Alternates Paul Blaszka and Helen Hoffstaetter. Also present was Associate Planner Jennifer Emminger.

Absent were John Deeb, Edward Manuel and Alternate Fil Cerminara

Chairman Finaldi asked Ms. Hoffstaetter to take Mr. Deeb’s place for the items on tonight’s agenda. He then announced that the following matter has been withdrawn:

E.W. Batista Family LP – Application for Special Exception to allow Drive-thru/Fast Food Restaurant (“Dunkin Donuts”) generating in excess of 500 vehicle trips per day in the CG-20 Zone – 79 Federal Rd. (# L09019 & #L09029) – SE #668. Public hearing closed 4/16/08. 65 days were up 6/19/08 – extension granted to 7/19/08.

Mr. Manuel noted that he had listened to the tapes of the June 4, 2008 meeting.

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CONTINUATIONS OF PUBLIC HEARINGS:

Sugar Hollow Road Assoc. LLC – Application for Special Exception to allow uses (Retail, Restaurants & Drive-thru Bank) generating in excess of 500 vehicle trips per day in the CG-20 Zone, “The Shops at Marcus Dairy”, 3 Sugar Hollow Rd. (#G17002 & #G17019) – SE #663. Public hearing opened 5/7/08. First days were up 6/10/08 – extension granted to 7/14/08.

Mrs. Emminger said a 30 day extension has been received. Dainius Virbickas PE, said they received a letter from SEA saying this complies with the floodplain regulations, and that the City Engineer going to take over the review of the drainage. They will be submitting their revised plans hopefully next week. They have been prepared a colored rendering of the phasing plan, explaining the order and how they will progress through the five phases while complying with the parking requirements. Mr. Urice asked if they have the resolution from EIC yet.

Attorney Marcus said they were waiting for SEA to signoff and now they will wait for the City Engineer to finish his review and then they will go back to EIC and ask them to modify their approval. He said they hope to start construction in September because some of the retail tenants want to be in for the Christmas season.

Chairman Finaldi asked if there was anyone to speak in opposition to this and several people came forward.

Mary Reynolds, 15 Library Place, said she is opposed to this because of Mr. Marcus’s lack of concern about Kissin Brook, his threat to destroy the wetlands and remarks made in the past by him.

Robert Soares, 36 Lindencrest Dr., said driving around this town is like driving in a big city. Mayor Boughton’s agenda when he was first elected was to improve the quality of life in Danbury. He said it took him 28 minutes to drive the three miles from his house to City Hall and that is ridiculous and will only get worse if this is approved. At this point Chairman Finaldi asked him if he was speaking in opposition to the Marcus application. Mr. Soares said no he was speaking against the Prindle La. application. Chairman Finaldi explained that we would be discussing that later in the meeting. Mr. Soares said he was not opposed to the Marcus application.

Mrs. Emminger said the letter from the consultants does say this application complies with Sec. 7 of the Zoning Regulations. She added that the Engineering Dept is looking at the design of the vortex system.

Mr. Urice made a motion to continue the public hearing. Mr. Keller seconded the motion and it was passed unanimously.

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Pamela Equities Corp. – Application for fourteen (14) lot subdivision (110.29 ac.) “Candlewood Pines” in the RA-80 Zone and Request for Waiver to Chap. 4, Section B.12. of the Subdivision Regulations – 65-67 Bear Mountain Rd. (#H03069) – Subdivision Code #08-01. This has received EIC approval. Public hearing opened 5/21/08. First 35 days were up 6/24/08 – extension granted to 7/28/08.

Mr. Keller excused himself as he is abstaining from this matter. Chairman Finaldi asked Mr. Blaszka to take his place for this matter.

Attorney Paul Jaber said they would present the changes that have been made to the plan in response to departmental comments. Steve Sullivan, PE said the revised plans were submitted about a week ago. They have received the bond estimate for the roads and drainage. The plans have been revised to show all site distances, as well as the street lights proposed for intersections and cul-de-sacs. He said the City Traffic Engineer asked them to consider changing the grade on the roads to 8%. They were able to do it on one of the roads (#1), but the other (#2) is still at 10%. The location of road #2 was moved slightly and the plans now show the bus shelter location. Mr. Manuel asked about the existing lots. Mr. Sullivan said there is an existing private road that goes to them and that will not change. Ms. Hoffstaetter asked which two lots he was speaking of and he said the two lots that currently share a right-of-way to access Bear Mountain Rd. Mr. Urice said he walked the property yesterday and it was difficult to locate some of the stakes. Mr. Urice then asked if the two lots actually abut the proposed roadway. Mr. Sullivan said they do. Mr. Urice mentioned that some of the trees are really large and asked if they plan to save any of them. Mr. Sullivan said they haven’t developed a plan for where the houses will be placed but when they do, they usually try to save as many of the trees as possible. He added that specifically where it abuts Mr. Brunner’s property, they have noted on the site plan that the trees are to remain. Mrs. Emminger suggested that the Commission request a specific notation be made on the plans about keeping the trees. Mr. Urice asked Mr. Sullivan to meet him at the site so he could get a better sense of where everything is. Mr. Sullivan said he would arrange it.

Chairman Finaldi asked if there was anyone to speak in opposition and asked that no one repeat themselves since all of the previous testimony given has been made part of the record and is in the minutes.

Gerry Brunner, 63 Bear Mountain Rd., said he has lived there since 1965 and liked the quiet neighborhood with trees. He said he has pleaded with the applicant to come up with a substantial buffer between his property and lot 1. He said he cannot understand why they cannot come up with solution that would satisfy both sides. He said he hopes it is not because he helped the News-Times with an article and he thinks this has turned into a personal vendetta. He said what they are proposing as a buffer is just not adequate and the house on lot 1 is just too close to his property considering the fact that there is so much room available. He submitted a photo showing the runoff from what will be lot 1 onto his property (Exhibit A).

Attorney Jaber assured the Commission that there is no personal issue with Mr. Brunner, he said he wanted to assure everyone of that fact. They have tried to design this in the best manner possible, but there is nothing personal here.

Mr. Manuel made a motion to continue the public hearing. Mr. Blaszka seconded the motion and it was passed unanimously.

Mr. Keller returned to the meeting at this time.

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Albert & Alan Lourenco – Application for Special Exception to allow Business Office, Truck Rental, Storage & Service & Auto Service with Repair (“Danbury Rent a Truck”) in the IL-40 Zone – 89 Triangle St. (#J14277) – SE # 669. Public hearing opened 6/4/08 – 35 days will be up 7/8/08.

Ben Doto PE, said there have been no significant changes since last meeting. They received EIC approval and have submitted revised plans to satisfy departmental comments. The landscape plan was revised and is almost satisfactory to the Planning Dept. Mr. Urice asked if the right to pass was resolved. Mrs. Emminger said yes the draft language was submitted and it will be a condition of approval that it be executed. She added that the Engineering Dept. is still looking at the revised plans but there is nothing left that cannot be resolved by a revised site plan. She said they still need a minor revision to landscaping plan, but that can be a condition of approval. She recommended that the Commission consider possible action on this.

Chairman Finaldi asked if there was anyone to speak in opposition to this and there was no one.

Mr. Urice made a motion to close the public hearing. Ms. Hoffstaetter seconded the motion and it was passed unanimously. Mr. Urice then made a motion to move this matter to Old Business. Ms. Hoffstaetter seconded the motion and it was passed unanimously.

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Interstate Business Center, LLC – Application for Special Exception/Revised Site Plan to allow Hotel, Professional Office Space & Restaurant (“Prindle Lane Centre”) generating in excess of 500 vehicle trips per day in the CA-80 Zone, Prindle La. (#D14001) – SE #603. Public hearing opened 6/4/08 – 35 days will be up 7/8/08.

Mrs. Emminger said we have received an extension from the applicant. Attorney Paul Jaber said traffic engineer Joe Balskus was going to speak about the revised traffic report first. Mr. Balskus said new traffic counts were taken during June, analysis was done of the volumes and possible improvements to this area. He added that because this includes a State road as well as City roads; they want to submit the revised plan to the City departments before presenting it to the Commission. It is very complex and they are trying to go about it in the proper way. He asked that they reserve all traffic comments until the July 16^th meeting. Mr. Keller asked what the chances are of getting comments back from the departments by the next meeting. Mrs. Emminger said she cannot say as they do not have it yet and she does not know the other department’s schedules. Attorney Jaber then said they do not want to present it until the Traffic Authority and Engineering say it’s a go. He said there is a new statute that allows an additional thirty days beyond what we used to have. He said the second issue they would like to address this evening is the suggestion that this proposal is for overdevelopment of this site. He said he has two tests to prove that is not correct. One is parking, usually the applicants provide close to what is required by regulations but in this case, they are providing over 130 extra spaces which could have been used for additional office space instead of this parking. He said this proves no intent to overdevelop this site. The second test is the Floor Area Ratio (FAR). This was originally put into the regulations to prevent someone from using gross floor area to calculate the size of the building that would be permitted. The regulations provide for an FAR of .4 and if you multiply by size of lot, you see that you could put a building of more than double the size than they are proposing. The FAR was removed last year when the regulations were amended. He said the applicant’s objective was to develop this within the parameters of what was previously approved meaning reasonable density with plenty of extra parking. Mr. Urice expressed concern for emergency vehicles trying to get in and there being no other way out because the road is blocked by the emergency response. Attorney Jaber said there will be plenty of exits from the hotel so no one will be trapped in there. Mr. Urice clarified that he meant there would be no other way out of the complex. Attorney Jaber said the road is very wide and designed to industrial road width standards, not like a residential road. He said he would have Paul Fagan at the next meeting to discuss this issue. Mr. Balkus said the Fire Marshal has reviewed this concern and Deputy Fire Marshal Carmen Rao has issued a letter saying the proposed roadway has adequate access/egress to this development. Mrs. Emminger added that if the Fire Marshal had any issues he would have said it in his letter. Mr. Urice said access is not his issue, it is about safety of the occupants.

Chairman Finaldi said they have received sixteen letters in opposition which must be read into the record. He then asked that the opposition confine their comments to the application as presented and also not repeat themselves. All of the comments from the previous meeting have been recorded and are a part of the minutes of these meetings. They also could be transcribed verbatim if necessary. Chairman Finaldi said the Commission members and Mrs. Emminger would read these letters into the record.

Mr. Urice read Exhibits M, N & O:

M –– Opposition letter from Lisa Lindblom, 15 Lindencrest Dr.

N –– Opposition letter from Brenda MacRitchie, 19 Driftway Point Rd.

O –– Opposition letter from Maureen Graney, 14 Elmcrest Dr.

Mr. Manuel read Exhibits P, Q & R:

P –– Opposition letter from Robert S. Miller, 22 Wintergreen Hill.

Q –– Opposition letter from Edward & Eleanor McLaren, 77 Middle River Rd.

R –– Opposition letter from Susan J. Moran, 31 Maplewood Dr.

Chairman Finaldi read Exhibits S, T & U:

S –– Opposition letter from Wanda Parker, 55 Mill Plain Rd. /Unit 31-6

T –– Opposition letter from Michael Waver, 1 Marianna Farm Dr.

U –– Opposition letter from Paul D. Turnley, 22 Maplecrest Dr.

Mr. Keller read Exhibits V, W & X (he noted that V & W are form letters saying the same thing):

V –– Opposition letter from Robert Esposito, 60 Wedgewood Dr.

W –– Opposition letter from Gary J. Kocur, 28 Lindencrest Dr.

X –– Opposition letter from Scott & Elizabeth Rumbold, 30 Maplecrest Dr.

Ms. Hoffstaetter read Exhibits Y, Z & AA:

Y –– Opposition letter from Lisa Lindblom, 15 Lindencrest Dr.

Z –– Opposition letter from Loretta Osik, 1 Maplewood Dr.

AA –– Opposition letter from John G. Trippett, 40 Driftway Rd.

Mrs. Emminger read Exhibits BB & CC:

BB –– Opposition letter from Virginia W. Plume, 40 Driftway Rd.

CC –– Opposition letter from Gerald & Carol Daly, 9 Wintergreen Hill.

Chairman Finaldi then asked if there was anyone to speak in opposition to this application and several people came forward.

Robert Soares, 36 Lindencrest Dr., said when Mayor Boughton was first elected, his agenda was to improve the quality of life in Danbury. The biggest problem Danbury has is the traffic congestion. Traffic is already atrocious, so any additional building in this part of town will only make a bad situation worse. He said the at least five-hundred units at the Rivington development will only add to the problem and that is already approved. The afternoon rush hour is always bad especially in the vicinity of Exit 2. He said congestion on I-84 often leads to people getting off the highway at this exit to try to avoid the it. There are times when traffic is backed up from 5:30 PM to 9:30 PM. He said traffic lights are not an answer, there must be ten or eleven traffic lights, with the Police directing traffic at Ethan Allan and they do not help the situation. Now they are proposing another one at the worst possible place. He said maximum density is not the issue, if it was in a remote place no one would care, this is about traffic. The residents of this area care about traffic. He then pointed out that Mill Plain Rd. is still not fully developed, there are several projects under construction and there are vacant lots for sale.

Sean Deakin, VP of Operations for Rosy Tomorrows, said he is concerned about the impact of what is being proposed here. He said this would be the largest restaurant on Mill Plain Rd. and the 50,000 sq.ft. office building is being marketed as a one tenant structure. He submitted a copy of the real estate listing (Exhibit DD) and said the biggest problem is the traffic it will generate. He submitted photos of the intersections taken on June 27^thbetween 5 PM and 6 PM (Exhibit EE). He said their proposal to move this bottleneck from the Staples intersection to the Prindle La. Intersection only moves the problem, it does nothing to solve it. He said all of the opposition that is here tonight is here because of the traffic. Overdevelopment is not just about the footprint of the building on the site, it is about all the facets of the development including traffic. Their traffic engineer claims only 24 additional cars would be added by going from the approved office building to the proposed hotel, restaurant, office building. He said with only one means in and out of this site, there is concern for the safety of the people that are in there.

Gene Weiner, 25 Wintergreen Hill, said the last time he was here was to speak against the proposed Home Depot because it would have impacted everyone in the area. He said he did not oppose the truck stop project because it would not have a negative impact on the area, but this will. He said this is a safety issue and asked why we are even considering this special exception. He said it seems like they just want to make money, destroy some birds and get out of town fast.

Tommy DiGuitani, Kensington Woods, said aside from the traffic, between Exit 2 and Exit 4 , there are six hotels not including the Hilton Garden Inn or the long term Marriott by Chuck’s. He said if we are trying to control urban sprawl, we should consider whether we need another hotel. He asked if anyone has checked out the occupancy rate of all of these hotels. He said he does much of his daily business in NY State because he cannot get to the basic services in Danbury.

Regina Ofiero, 21 Maplewood Dr., said she has lived here for 36 years and the worst change is the traffic. The traffic problem has negatively affected Lake Kenosia, her neighbors and her family. She said she is Chairman of the Lake Kenosia Commission. Lake Kenosia is the backup reservoir as well as being a town park. It is a beautiful resource but all of this will negatively impact it. She said the traffic is terrible and in an emergency, the fire trucks will not be able to get through. She added that unless you travel this road daily, you cannot speak to the traffic. The uses that are proposed are not necessary and to make Mill Plain Rd. another Federal Rd. is not necessary. There is enough vacant space available throughout the City. She said she too goes to NY State for her errands because she cannot get through Mill Plain Rd.

Jacqueline Taylor, Canterbury Court, said traffic is the biggest issue. She said until tonight she did not realize that she also has been going into NY State to pick up groceries because she cannot get to Stop & Shop on Lake Ave. She said she also has found other routes that are out of the way just so she can get home at a decent hour. Regarding the emergency access, the biggest problem will be people trying to leave in a panic before the emergency vehicles get there. The panic will cause the problem, the road may be wide enough but it does not matter. More and more people are coming out in opposition to this. Many of her neighbors are opposed and just could not be here tonight, but there still is a good sized crowd anyway.

David Coelho, Aunt Hack Rd., said he is a lifelong resident of Danbury. The applicants are known for building quality projects, but this is about traffic. He said he has seen Mill Plain come from a country road to what it is today. He suggested they try to buy more property so they could add another access to this site. He said no one is against them developing their property, this is about the traffic.

Irene Miller, 46 Aunt Hack Rd., said she has lived on the west side of Danbury for 22 years and she supports her neighbor’s concerns about traffic and safety. The residual effects of this will cause all of the secondary roads to have more and more traffic everyday because people are using them as shortcuts. She said her concern is that she won’t be able to get out of her driveway to get anywhere in the case of an emergency.

John Murphy, 39 Driftway Rd., for over 35 years and development on Mill Plain Rd. has gotten completely out of hand. No matter what time of the day, the traffic is bad. He added that there is no rational way to approve this application because of the traffic.

Mitchell Prywes MD, 27 Tiffany Dr, 20 year resident, said we don’t want to beat this to death. We all know that traffic is the issue. We need to consider the economic impact of residents going to NY State to do their shopping. He said the owners will build something on this property and there are other parcels available on Mill Plain Rd., so the traffic issue really needs to be addressed. He said what the citizens of Danbury need is the ability to feel safe and shop and do the other things that people want to do in their own neighborhood. He said he has sent a letter the editor of the News-Times which led to an editorial in opposition to this proposal. He submitted a petition in opposition to this with fifty signatures on it (EXHIBIT FF).

Orest Engelbrecht, 25 Westwood Dr., asked if the City has conducted a study of traffic on Mill Plain Rd over the last year. Mrs. Emminger said because it is a State road, the city would have no jurisdiction to do that, it would have to be done by the State.

Richard Schmidt, 29 Wintergreen Hill, said he is a 39 year resident of this area. He said everything has been covered about the traffic, but he questioned what will be proposed for the thirty vacant acres across from the Windmill Diner. He said he is shocked that the Commission would even consider this application. He said no one has mentioned that the traffic coming out of the proposed Marcus Dairy development will have an impact on this.

Steve Engelbrecht, 4 Quail Run Dr., said everything in the pictures is accurate, the traffic is always that way. He said the comment about hotels within this stretch of the roadway was also accurate, but their parking lots are always vacant. He said he works in the Lee Farm building and they are doing survey of available office space and there are hundreds of thousands of feet available, so we also don’t need anymore office space.

Mary Reynolds, 15 Library Pl, lifelong resident of Danbury, is not against or for this. She said for 37 years, she has come to these meetings to represent those that cannot represent themselves. She asked them to consider the innocent creatures and remember that this kind of development forces them to give up their lifestyle. These are innocent lives that would suffer from a project like this. Lesser lives that we see each day but take for granted. She listed many of the creatures that reside in our wooded areas, saying some of them are rarely visible to us. Their habitats are destroyed daily especially in this part of town. She mentioned that a developer of property on Shelter Rock Rd. has maintained their pond for the swans that live there. She said it is hard for animals to find another habitat and move into it. Devotion to a piece of ground is more intense with birds, they keep same habitat for life, so when we take trees down, it destroys their habitat. All of Mill Plain, Kenosia, Larson Dr., Prindle La., Joes Hill, even where they are building The Reserve is all destroyed natural habitat that no one ever considers. We do not respect life. People are worried about their children and the world they will live in – she is worried for these creatures that no one thinks about. She hopes that people will regret the overdevelopment of Danbury and closed with a quote by Albert Schweitzer.

Kathy Soares, 36 Lindencrest Dr., has been here since 1975 and said she wants to put a different spin on this. She has been a realtor since 1983 and up until recently Aunt Hack properties were considered the most desirable due to their proximity to the highway and NY State. That has changed due to the traffic situation which cannot be hidden or avoided when showing homes in this area.

Attorney Jaber said they will address the opposition’s comments at the next meeting.

Mr. Keller made a motion to continue the public hearing. Mr. Urice seconded the motion and it was passed unanimously.

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Parker Bohn III – Application for a three (3) lot subdivision (8.68 ac.) “Parker Estates” in the RA-80 Zone – 168 Middle River Rd. (#C09016) – SUB #05-07. Public hearing opened 6/18/08 – 35 days will be up 7/22/08.

Mrs. Emminger said they had received a letter from the applicant’s attorney requesting this be continued tonight.

Chairman Finaldi asked if there was anyone to speak in opposition to this application and there was no one.

Mr. Urice made a motion to continue the public hearing. Mr. Keller seconded the motion and it was passed unanimously.

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132 Federal Rd. LLC – Application for Special Exception to allow Office/Retail Use (“Party Depot”) generating in excess of 500 vehicle trips per day – 132 Federal Rd. (#L07043) – SE #673. Public hearing opened 6/18/08 – 35 days will be up 7/22/08.

Mike Mazzucco submitted the green card for the notice to the Town of Brookfield. He said revised plans were submitted in response to departmental comments. He said they had prepared a truck turning plan. He noted that they have two driveways but the State has required them to put restrictions on the use of them. Mrs. Emminger said she had received a verbal signoff from the Fire Marshal and the City Traffic Engineer had sent her an e-mail stating that all of his comments have been addressed.

Chairman Finaldi asked if there was anyone to speak in opposition to this application and there was no one.

Mr. Urice made a motion to close the public hearing. Ms. Hoffstaetter seconded the motion and it was passed unanimously. Mr. Urice then made a motion to move this to number three under Old Business. Ms. Hoffstaetter seconded the motion and it was passed unanimously.

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OLD BUSINESS FOR CONSIDERATION AND POSSIBLE ACTION:

Vespucci Recreation Center Inc. – Application for Floodplain Permit – “Vespucci Recreational Center”, 10 Christopher Columbus Ave. (#E16001) – SP #90-08.

Mrs. Emminger said the draft approval was e-mailed to the Commission last Friday. She said this is really straightforward, the only reason they even have to look at it is because the site is in a floodplain. They are not proposing any cutting or filling. Mr. Urice made a motion to approve this per the resolution. Ms. Hoffstaetter seconded the motion and it was passed unanimously.

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Mrs. Emminger said she had sent the Commission a draft resolution and since then some revisions have been made. Mr. Urice made a motion to approve this application per the revised resolution. Mr. Manuel seconded the motion and it was passed unanimously.

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Mrs. Emminger said she had sent the Commission a draft resolution and any unresolved issues are technical and can be addressed with a revised site plan. Mr. Urice made a motion to approve this application per the resolution. Ms. Hoffstaetter seconded the motion and it was passed unanimously.

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NEW BUSINESS:

Joseph Putnam as Contract Purchaser – Application for Special Exception to allow Self-Service Storage Establishment (“Putnam Self Storage II”) in the CA-80 Zone – 20-22 Old Ridgebury Rd. (#C15010) – SE #675. Public hearing scheduled for 7/16/08.

Jeffney & Lynn Peterson – Application for two (2) lot Re-subdivision (2.094 ac.) in the RA-40 Zone and Zone and Request for Waiver to Chap. 4, Sec. B.6.2.(a) of the Subdivision Regulations – 8 Fox Den Rd. (#C08111) – SUB #08-02. Public hearing scheduled for 8/6/08.

Chairman Finaldi noted that these applications would be on file in the Planning & Zoning Office.

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REFERRALS:

8-3a Referral – Petition of Sanik Beverages LLC to Amend Secs. 6.A.2. & 6.B.2. of the Zoning Regulations. (Add Processing & Bottling of Non-Alcoholic Beverages as Permitted Uses in IL-40 and IG-80 Zones) Zoning Commission public hearing scheduled for July 8, 2008.

Mrs. Emminger reviewed the Planning Dept. Staff Report which said this was never a permitted use but is compatible with manufacturing and other industrial uses. Mr. Manuel made a motion to give this a positive recommendation. Mr. Keller seconded the motion and it was passed unanimously.

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8-3a Referral – Petition of A & S Properties Inc. to Amend Secs. 2.B. & 5.E. of the Zoning Regulations. (Add “Mixed Use Building” to the CN-5 Zone as a Special Exception Use) Zoning Commission public hearing scheduled for July 8, 2008.

Mrs. Emminger asked that they table this matter. Mr. Keller made a motion to table this. Mr. Manuel seconded the motion and it was passed unanimously.

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There was nothing under Correspondence or Other Matters. Under For Reference Only were listed five applications for Floodplain Permits and a public hearing scheduled for August 6, 2008.

At 10:50 PM, Mr. Urice made a motion to adjourn. Mr. Manuel seconded the motion and it was passed unanimously.