Sprague Planning & Zoning Commission Regular Meeting Minutes Wednesday, January 2, 2019 Members Present: Sandor Bittman, Chairman Paul Piezzo Nicholas Velles Arthur Spielman Warren Baker Phyllis Nelson Kathleen Boushee, Alternate John Adams (arrived and seated at 7:27 p.m.) Members Absent: Christian Mueller, Alternate Also Present: Phil Chester, SCCOG, Town Planner Joseph Smith, Zoning Enforcement Officer Call to Order: Chairman Bittman called the regular meeting to order at 7:05 p.m. The Pledge was observed. 1. Minutes of December 5, 2018 monthly meeting, Chairman Bittman and Mr. Smith discussed whether the Barber Shop came in before the Commission. Mr. Smith asked if there was a type of application the commission wanted to see, such as projects of greater intensity or hazardous materials; Mr. Smith asked about the situation where there is virtually no change a new business registration might be useful, rather than having people come before the commission. Chairman Bittman said if it is a similar use then Mr. Smith could approve it. A new form was discussed being added. Mr. Chester discussed a business that is expanding in Lebanon in a strip mall, the commission approved the use as a restaurant but if want to expand the footprint; Mr. Smith said it s even simpler, it was built with three spots, and is already approved for parking. Chairman asked what if businesses change their use and they are approved. Mr. Smith said as long as he knows about, it goes to the Commission. Mr. Smith mentioned adding the Flood Regulations to the next months regulation review. Mr. Piezzo moved to approve the Meeting Minutes of December 5, 2018 with a correction to Page 5, line 9, change PJ s to TJ s, and change the last sentence to TJ s building, Mr. Smith said nothing. The existing empty space in the Stone House is now occupied by a Barber Shop. The building is now occupied by the Stone House, Barber Shop and the Tattoo Shop. Ms. Nelson second. Motion passed 6-0-1 (Spielman abstained). 2. Application by Luz Ithier for a zoning permit for proposed home occupation of a cake baker and decorator on property located at 224 High Street. Sprague Planning & Zoning Commission Regular Meeting Minutes of January 2, 2019 Page 1
The applicant was not present, nor was anyone present to represent her. There is a list of questions and not all of the information was on the form. Health doesn t have anything for the application because the property is served by water and sewer. She will need to attend the next meeting; application was received tonight. Mr. Smith will contact her. The matter was tabled until the next meeting. 3. Discussion of proposed zoning text amendments A nine page draft of zoning regulation text amendments was presented by Mr. Chester. Mr. Chester met with the Town Attorney today regarding Adult Oriented establishments. The Town Attorney wrote the ordinance in 2001. They discussed the industrial zone limitation; the Town Attorney wants to look at the definition a little more (the new one Mr. Chester created). Mr. Chester noted that the Attorney did mention a theater with a topless scene someone could claim it s an adult oriented establishment. First Selectman Osten stated they want this regulation in Zoning. The Town Attorney suggested they reference and point to the Ordinance. Mr. Chester noted they will add and eliminate First Selectman authority under town ordinance. Mr. Chester noted they he would like a better description on the Building height definition. Regarding item 81 regarding fences, it would prohibit fences in the front yard setback, more than 4 in height. Has to be half solid, Mr. Smith mentioned his home, with the size of the fence. The idea was not to block views. Mr. Adams arrived at 7:27 p.m. Ms. Boushee is no longer seated for voting. Mr. Chester is talking about everywhere. Mr. Piezzo stated he thought it was only in the village district. Mr. Baker feels the fence is a problem, (referencing a specific fence recently installed on a property in Sprague) as you have to see what s coming around it; stockade fences you can t see around them. If there is a kid chasing a ball, with a half solid fence you can see or have some visual. Mr. Smith suggested give it a 20 setback or at the property line make it chain link. Mr. Chester asked that they think about that for next time as they drive around. Do they want to say no change or allow them right up to the property line. Ms. Boushee asked if this could be just in historic zone. The Commission said it could be but this would be town wide. Think about outside of the zone; already have it in the zone. Mr. Chester stated he doesn t like the setback thing; he prefers the 4 thing. Chairman Bittman feels there shouldn t be the setback. Mr. Baker asked about the language in Lebanon; Mr. Chester responded that this is the language. A fence isn t a sign or to obstruct a view. Mr. Piezzo stated he doesn t care if its 10 high, some people want privacy, as long as doesn t block view. Sprague Planning & Zoning Commission Regular Meeting Minutes of January 2, 2019 Page 2
Section 19.5.1 (2016) under sign freestanding signs Mr. Chester recommended they reduce this, the Commission had already determined not to reduce it. Chairman Bittman suggested changing it to read 100 sq ft of sign for each property. Mr. Baker stated we would have to make different and more complicated. He thought it was going to be based on building size or frontage. Convenience store can have certain % of sq ft be signage. Chairman Bittman asked that it say two sides to sign, and relate to size of property or structure. Home occupations, not doing anything for; has same limitations for the % of floor area. Large home occupations are defined. He recommended amend home occupation, with separate uses requiring site plan approval by the Zoning Enforcement Officer or by special permit by the commission. The Commission discussed it and a definition was read by Mr. Smith regarding Large Home Occupations. It was suggested there be an A and a B. Mr. Chester will add it. Mr. Chester discussed with the Town Attorney the marijuana sales to be prohibited. First Selectman Osten wanted it. Mr. Baker stated he thought it was put it in because there was going to be a law change and they were trying to get ahead of it. The production of commercial hemp was discussed. Mr. Chester asked First Selectman Osten for her recommendations. Noting that since the Zoning Regulations are silent, it is prohibited. Mr. Smith said if the state allows it as an agricultural use, then we don t need to do anything, right now it is prohibited. Retail sales of marijuana are limited to the industrial zone. Mr. Smith wanted to leave out Hemp completely; First Selectman Osten said she would check it out with Legislative Research. We should just allow industrial hemp no matter what, and spell it out in regulation. There should be no production of marijuana. Mr. Smith will get the new Flood Regulations ready for next month. Under Recreation facilities, 16.12; Chairman Bittman noted that the Commission changed the definition of outdoor activities, because there were so many other things you could do. Mr. Chester stated what he proposes is if go to a zone where listed recreation facilities are allowed, change it to say recreation activities specifically excluding motorized vehicles (racing). Chairman Bittman noted the only thing changed is including but not limited to those items, and exclude motorized. There must be 10 acres minimum of land. Ms. Boushee asked what if it is a smaller size lot. Mr. Chester stated it s a residential zone, it will need a buffer. He noted if there were no issues then leave it as is. Mr. Chester suggested adding Restaurant to the industrial zone. It is allowed; under the food and brewery. Mr. Chester felt that they should just add it. Sprague Planning & Zoning Commission Regular Meeting Minutes of January 2, 2019 Page 3
Section 14.1.2 minimum lot size for multifamily dwelling; 3000 sq ft in Baltic economic development zone; you could have many multifamily dwellings on one 3000 sq ft parcel. Mr. Smith noted they don t need a lot of recreation area, as they use the area around it, but it does need parking. Chairman Bittman noted that it has to be mixed use anyway. Mr. Smith noted this is mostly parking, businesses and apartments above; there is little or no recreation space on the lot. Mr. Chester suggested taking Retail Business in Hanover out of the regulations. Ms. Boushee asked would the cabinet shop and post office be grandfather. The use would carry on until changed, unless abandoned. Page 91 there is no size limitation on window sign but it counts toward their 40%. Freestanding signs need to be worked on. Mr. Chester will go back and look at the 10 things they talked about. Mr. Smith will take care of the Flood Zone and New Business Registration. The Overlay Watercourse area, page 18, 7.A.1; the Town Attorney asked who wrote this; the Commission did, he suggested they either eliminate it or clarify. Or scratch the last sentence. Mr. Chester noted that in 16.2.3 which is the specifics of the zone, he will look into further, because there is a lot in there that we cannot regulate, it is not in our jurisdiction. The Town Attorney didn t understand why this zone is important and what the Commission was trying to accomplish, if it is just an exclusionary zone. There was a complete change of wording, possibly by Kate Rattan, noting that a Special Permit is required for any use in this zone, to address 14.1.4 of the regulations. What is the purpose of the zone? Watercourse Focus Area WFA. Mr. Adams noted that we added 4.1.4. Page 18 is the old one. Mr. Chester has it electronically and will have the Attorney look at it. 4. ZEO Report Mr. Smith stated that Blue Rhino wants to go in at Cumberland Farms. They previously had one but they had to take it away. Mr. Smith asked if the Commission wanted to review it; the consensus was that Mr. Smith could review it. It is not in the aquifer protection zone, and it is not a substantial improvement to the building. The Fire Marshal has to approve it as well. 5. Regional Planner s Report None 6. Chairman s Report Sprague Planning & Zoning Commission Regular Meeting Minutes of January 2, 2019 Page 4
None 7. Adjournment Mr. Adams moved to adjourn the Regular Meeting of the Sprague Planning and Zoning Commission at 8:41 p.m. Ms. Nelson second, Motion passed 7-0-0. Respectfully Submitted Jennifer Lindo Dashnaw Recording Secretary **These minutes are subject to approval at the next monthly meeting Sprague Planning & Zoning Commission Regular Meeting Minutes of January 2, 2019 Page 5