RECEIVED STAFFORD. CT ZDlb JUL I I A '1: 3 q

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1 Town of Stafford Zoning Board of Appeals Regular Meeting July 7, :00 p.m. - Veteran's Meeting Room Warren Memorial Town Hall RECEIVED STAFFORD. CT ZDlb JUL I I A '1: 3 q Members Present: Also Present: Dennis Kaba, Chairman Timothy Armstrong Anthony Guardiani Henry DaDalt David Palmberg, ZEO Karl Milikowski & Kimberly Dion Public CONTfNUATION OF PUBLIC HEARfNG Dennis Appeal of Cease and Desist Order issued by Zoning Enforcement Officer for the Foster Hill Garden Shop, Owner: Karl Milikowski & Kimberly Dion, Location: 21 Stafford St., Map 54, Lot 13.3, Zone: AA. Kaba, Chair, re-opened the Public Hearing at 7:0 I p.m. at the Stafford Community Center. He opened the hearing up to public comment. The applicant Karl Milikowski said there remains some confusion on his part about what he and his wife will need to do if they would like to pursue opening a garden shop on their property. Tyler Roberts of 27 Stafford Street said he felt there is no confusion, and that the applicant has not been in compliance with the zoning regulations. He asked the Board to take into consideration the added noise, people, and traffic that wi II be in the area if they are allowed to operate a garden shop on Stafford Street. Martha Abromaitis of II Strafford Street said she was opposed to allowing a garden shop. She said she has lived in town for 38 years and it is one thing if you move in next door to a farm, but another if a farm moves in next door to you. She said the noise, machinery, added traffic, and braying from the applicants' donkeys is not pleasant to live next door to. Bill Slavik of 58 Stafford Street said he is not opposed to farming but doesn't like the idea of a commercial operation being allowed on the property. His concern was that if the garden shop failed for any reason, any zone change to commercial would go with the property, and it could open the door to any number of undesirable commercial operations locating there. Laura (Collette) Rose of 43 Stafford Street spoke in favor ofallowing a garden shop. She said she has known Karl Milikowski all of his life and knows that he will care for the property well and make it a wonderful operation. She said she has not seen any excessive extra traffic since they began selling plants.

2 Andrea Eldridge of 27 Stafford Street spoke in opposition of allowing a garden shop in a residential area. She said she moved into her home before the Milikowskis and finds their buildings, donkeys, porta-potty, excavator and camper eyesores. She expressed concerns that it could negatively impact property val ues. Karen Bradway of 144 South Road asked what the subject property is presently zoned as, and if it is zoned for farming. Dennis Kaba said it is a Residential AA zone. David Palmberg said farming is not a zone, but an allowed use. Ed Bareiss of 2 Orchard Street referred to the Zoning Regulations and map for the area, noting that agricultural activities, including gardening and nursery activities are permitted in the AA zone. David Palmberg explained that such agricultural activities are permitted main uses, rather than an accessory use. Because the Milikowski's live on the property, their main use for the property is residential. Ed Bareiss asked that they consider that Karl Milikowski's plans are a good fit for this property. He supported a rewri te of the zoning regulations to allow a garden shop. Kathleen Bradway of 144 South Road, said she understands that if the Milikowskis did not live on the property, then they would be allowed to open a garden shop there. She said that a number of people seem to have a bigger objection to the property owners' donkeys and the decision tonight will have no impact on that. She said she was in favor of allowing the agricultural operation to continue. It is a family run operation and people in town like to see this sort of thing. Cheyenne Grant of 46 Edgewood Street spoke in favor of the garden shop. She said they run a nice, clean operation and are friendly and welcoming. She added that she has no issue with their donkeys. Christine Pellegrini of 4 Skyview spoke in favor of the garden shop. She noted the Milikowskis have a lot of acreage and their home and barns are well maintained. She said they have created a beautiful atmosphere, and she loves being able to buy plants there. Martha Abromaitis of 11 Stafford Street asked if the Milikowskis will be giving a presentation on what they plan to do on their property. Ron Houle, Sr., of 45 Stafford Street said he believed the property had been classified as commercial in years past. Karl Milikowksi of 21 Stafford Street said his initial plan was to open a seasonal flower shop selling annuals, perennials, and vegetables, and then chrysanthemums in the fall. He had gotten permits for greenhouses, and understood he could sell his plants from his property. He wanted to do a farm stand and also sell at farmers markets. He said he has no intention of putting up any big metal buildings and he understands some of his neighbor's concerns. He and his wife both take great pride in their property and try to make it attractive, and with 33 acres they try to do things out of the way. He noted also that his property is preserved as farmland under Public Act 490. Tyler Roberts of 27 Stafford Street said he came to the hearing in part because years earlier he had wanted to breed American bulldogs, and the Milikowskis had come to the Board in opposition as they didn't want to be hearing noise from a lot of dogs. He complained about the noise from their donkeys. Steve Garrett of 136 New City Road said he understands the noise concerns about donkeys, but this hearing is not about donkeys or any other animals. He spoke in favor of allowing the Milikowskis to 2

3 stand continue their garden shop. He reminded the Board that there are no real guidelines for a roadside and he compared it to a roadside stand operating on Route 190. It was noted, however, that Route 190 is commercially zoned. Steve Garrett asked the Board to consider what could become of the property if the Milikowskis left, suggesting the alternative could be something less appealing. Stephen Clark of 16 Collette Road East noted in response to complaints about the donkeys that the Milikowskis have more than enough land required per zoning regulations to keep their donkeys. Cindy Fox of46 Edgewood Street spoke in favor of the Milikowskis appeal. She said their venture represents something positive for Stafford, and is a very well done, family owned and operated business. She said she hopes the Board can do something for them as the positives outweigh the negatives. John Wittenzellner of 2 Stafford Street said he is often away and was not immediately aware of this situation. He spoke in favor of the Milikowski's, saying they keep their property magazine beautiful. He also said he had no issue with the donkeys as the keeping of fann animals is just a part of living in the country. Kathleen Bradway of 144 South Road said she feels there should be a way to allow the Milikowskis to operate a garden shop legally. She said they get more traffic from people going to the gazebo to take prom pictures or for the fanners market. She said she never sees excessive traffic. Ruth Stone of48 Hamden Road reiterated that this hearing is about a garden shop, not about the keeping of animals. She said residents will not see an abandoned garden shop as happened at Chestnut Hill and the Stafford Conservatory because the Milikowskis live on the property and will continue to maintain it no matter what. Bill Slavik of 58 Stafford Street reiterated his concerns that any approval to allow a commercial operation could open the door to having a warehouse put up on the property if the Milikowskis someday move on. Cindy Fox of 46 Edgewood Street said she understands the concerns about commercial development, but feels the Board could allow some kind of special variance just for the Milikowskis and their particular operation. Christina Pellegrini of 4 Skyview asked about the Inn on Stafford Street which has been there for some time. Dave Palmberg said that is a bed and breakfast which was allowed through a Special Use Pennit. Andrea Eldridge of 27 Stafford Street noted there are two vacant nursery operations in town, Chestnut Hill and the Stafford Conservatory, and said she does not want to end up living next door to an abandoned nursery. suggested Kathleen Bradway of 144 South Road asked if the Milikowskis could put up greenhouses but not sell their products. Dennis Kaba said they were issued pennits for the greenhouses. Kathleen Bradway a tailored variance be written for the Milikowskis to allow them to continue. She said because the Milikowskis live on the property, the property will not be abandoned. She said because they have a specific vested interest, they would keep the property up. 3

4 Milikowskis Collette of 16 Collette Road said will keep up their property, but the same. She said she is sure that Wittenzellner of 2 Stafford said not see traffic coming from this venture and hopes they will be allowed to continue. Cheyenne Grant of 46 Edgewood Street said garden shop would promote a positive as it could bring more people into town to shop at was built on agriculture, and the Milikowskis added traffic could be a good thing adding to the local economy_ There were no more public comments. Tim 7:45pm, seconded by Henry DaDalt. All were in a motion to close the public hearing at l. 2. a quorum. 3. and action - Appeal of by Zoning Officer for the Foster Hill Shop, Milikowski & Kimberly 21 Stafford St., Map 54, Lot Call to order. Chair, called the Regular meeting to order at at Community Center. 2. Establish a quorum. A quorum was established during the Public Hearing with Dennis Tim Armstrong and Henry DaDalt. A motion was made DaDalt to table acceptance of All were in favor. 3. Discussion and possible action - Appeal of Cease and Zoning Officer for the Foster Hill Garden Shop, Milikowski Kimberly Dion, 21 Stafford St., Map 54, Lot 13.3, Zone AA. Henry a of was discussed at the was a breath of fresh air. He said the ZBA had previously Exception from the ZBA and they held a However, the ZBA has received a letter from town states has no authority to make a decision on this case and that it needs Planning & Zoning Commission. He read the letter from the town attorney no leeway in this case. that the confusion around the Special Exception was a were taken out the hands of the ZBA some time ago but had not been updated in the regulations. He learned only 4

5 Special Exception was not an avenue the Milikowskis could take. He also clarified that the issuance of the cease and desist order was based on his interpretation of the Zoning Regulations, of which it is his job to uphold. David Palmberg said the ZBA can issue a variance but only ifthere is a hardship, and that hardship cannot be self-imposed. One avenue the Milikowskis could take is to go before the PZC and request a text amendment to the zoning regulations. Henry DaDalt made a motion to uphold the cease and desist order on the greenhouse operation at 21 Stafford Street, seconded by Anthony Guardiani. All were in favor. Henry DaDalt recommended the Milikowskis go to the Planning & Zoning Commission with their request, as the ZBA does not have the proper authority. He noted the Milikowskis can still operate a roadside stand under Section Adjournment. Tim Armstrong made a motion to adjourn the meeting, seconded by Anthony Guardiani. The Zoning Board of Appeals meeting was adjourned at 7:57p.m. Respectfully submitted, Annie Gentile Recording Secretary 5

6 PARADISO MUSKA, L.L.C. ATIORNEYS AT LAW 2 EAST MAIN STREET BOX 22 STAFFORD SPRINGS, CT PARADISO (860) EDWARD MUSKA FAX (860) June 2016 Mr. Dennis Kaba, Chairman Zoning Board Appeals 1 Main Street Springs, CT Milikowski Exception Dear Kaba: It come to attention that Stafford Board of Appeals has before it an Application for Special Exception to operate a nursery garden shop which has been by Karl Milikowski and Kimberly Dion. application is scheduled for a before the Zoning Board Appeals on JUJle 16 at 7:00 p.m. 111e Zoning Board of has no authority to use or the current Stafford Zoning regulations, This application should have Planning Zoning Commission and not Board of ",,,,,,.-ta"'" the Board of Appeals should not proceed with the public hearing on this on 2016 as it has no authority to make a decision. tmly yours, EM:jm Muska