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| PLANNING COMMISSION MINUTES |
APRIL 10, 2007
(Revised as of May 8, 2007)
I. CALL TO ORDER
The Chairman called the meeting to order at 8:25pm.
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II. ROLL CALL
ATTENDANCE: Torgny Astrom, Acting Chairman; Frances DiMeglio; Leigh Grant; Lee Levey; Walter McLaughlin; Donald Nelson; David Turner
STAFF: Mike Greene, Director; Frank Strauch – Planning and Zoning
OTHERS: Attorney Liz Suchy
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Mr. McLaughlin read the public notice.
Mr. Astrom went through the ground rules of a public hearing.
III. PUBLIC HEARINGS
a. Subdivision #3593 – Wood Vorhees, LLC – 40 McKinley Street – 2 Lots
Attorney Suchy stated that she was representing the applicant and owner. She described the location of the lot noting that it is a two-lot subdivision. The single-family home that currently exists will be demolished to allow two new single-family homes to be built. At this point she rendered the green domestic return receipt cards to Mr. Strauch. Attorney Suchy referred to the site plan showing the set backs, front and rear noting that there are no waivers for sidewalks or curbs. All of the required sign-offs have been submitted, the street trees are in and the drainage plan has been reviewed and signed off. This application meets all of the requirements in a B residential lot.
Ms. Grant asked if the set backs are the same for the other houses on the street.
Attorney Suchy replied that she was not certain about the other houses, but this application meets all the required set backs in a B zone.
Mr. Astrom asked for any questions or comments from the public.
Lisa Briton had several general questions relating to planning and zoning in the Rowayton district. She also commented that she considered this lot too small to be subdivided.
Mr. Astrom suggested that this was not the forum to discuss general questions.
Mr. Greene added that the questions could not be addressed tonight but he was happy to talk to her at another time.
Pat Gannon had concerns about the drainage and if the sub-division would change the flow of water; he also noted that the houses would be very close to one another.
Attorney Suchy pointed out that Ms. Briton’s property is in an A zone, the subdivision tonight is in a B zone and complies with all of the city’s regulations. Regarding Mr. Gannon’s comments, Attorney Suchy stated that a drainage report had been carried out and thoroughly reviewed by the DPW.
With no more questions or comments Mr. Astrom closed the hearing.
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IV. REPORT OF THE SUBDIVISION COMMITTEE
a. Action on Item III (a)
** MS. DIMEGLIO MOVED: RESOLVED THAT SUBDIVISION APPLICATION # 3593 SUBMITTED BY WOOD VORHEES, LLC FOR A 2 LOT SUBDIVISION AT 40 MCKINLEY STREET AND AS SHOWN ON A PLAN ENTITLED "RESUBDIVISION OF A PROPERTY PREPARED FOR WOOD VORHEES, LLC, 40 MCKINLEY STREET, NORWALK, CONNECTICUT, SCALE 1” = 10’, DATED JAN. 9, 2007, AND CERTIFIED, "SUBSTANTIALLY CORRECT" BY WAYNE ARCAMONE, LAND SURVEYOR - NORWALK, CONNECTICUT REGISTRATION NO. 15773 BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT ALL REQUIRED SOIL AND SEDIMENTATION CONTROLS BE IN PLACE PRIOR TO ANY SITE WORK; AND
2. THAT ANY ADDITIONAL SOIL EROSION AND SEDIMENTATION CONTROLS DEEMED NECESSARY BY THE STAFF BE INSTALLED AT THE DIRECTION OF THE STAFF; AND
3. THAT A SURETY, IN AN AMOUNT TO BE DETERMINED BY STAFF, BE SUBMITTED TO GUARANTEE
THE INSTALLATION OF THE REQUIRED IMPROVEMENTS; AND
BE IT FURTHER RESOLVED THAT THE SIDEWALK REQUIREMENT BE WAIVED AS CONDITIONS
DO WARRANT THE INSTALLATION.
BE IT FURTHER RESOLVED THAT THE STREET CURB REQUIREMENT BE WAIVED AS CONDITIONS DO WARRANT THE INSTALLATION.
BE IT FURTHER RESOLVED THAT THE STREET TREE REQUIREMENT NOT BE WAIVED AND THAT WHERE PRACTICAL, ANY EXISTING STREET TREES WHICH MEET THE STREET TREE REQUIREMENTS, BE RETAINED AND UTILIZED TOWARDS THE STREET TREE REQUIREMENT; AND
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS APPROVAL SHALL BE APRIL 20, 2007.
** MR. MCLAUGHLIN SECONDED.
** MOTION PASSED UNANIMOUSLY.
b. Subdivision #3590 – Edgerton – 246 West Norwalk Road – 2 lots – Report and recommendation
** MS. DIMEGLIO MOVED: RESOLVED THAT SUBDIVISION APPLICATION # 3590, SUBMITTED BY WILLIAM H. EDGERTON FOR A 2 LOT SUBDIVISION AT 246 WEST NORWALK ROAD AND AS SHOWN ON A PLAN ENTITLED "SUBDIVISION MAP OF PROPERTY PREPARED FOR WILLIAM H. EDGERTON, 246 WEST NORWALK ROAD, NORWALK, CONNECTICUT, SCALE 1” = 50’, DATED JUNE 14, 2006 AND REVISED JULY 31, 2006, AND CERTIFIED "SUBSTANTIALLY CORRECT" BY WAYNE ARCAMONE, LAND SURVEYOR - NORWALK, CONNECTICUT REGISTRATION NO. 15773 BE DENIED, SUBJECT TO THE FOLLOWING REASON:
4. THAT THE PARCEL OF LAND TO BE SUBDIVIDED IS FOUND TO BE IN VIOLATION OF THE NORWALK BUILDING ZONE REGULATIONS, SECTIONS §118-100, §118-310, §118-800, §118-1420 D, E.
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS DENIAL SHALL BE APRIL 20, 2007.
** MR. LEVEY SECONDED.
** MOTION PASSED SIX VOTES IN FAVOR (MR. TURNER ABSTAINED)
c. Subdivision #3588 – Lilly – 33 Vanderbilt Avenue – 2 Lots – Request for extension on approval time – report and recommendation
** MS. DIMEGLIO MOVED: BE IT RESOLVED BY THE NORWALK PLANNING COMMISSION THAT THE APPROVAL TIME ON SUBDIVISION #3588 – 33 VANDERBILT AVENUE – CLAIRE & MARK LILLY – 2 LOTS BE APPROVED FOR AN EXTENSION OF A PERIOD OF 190 DAYS; AND
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS APPROVAL SHALL BE APRIL 20, 2007.
** MR. NELSON SECONDED.
** MOTION PASSED UNANIMOUSLY.
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V. REPORT OF THE LAND USE COMMITTEE
Referrals and Recommendation
a. Zoning Commission - #5-07R – Proposed amendment to Article 111 to revise
coastal site plan review requirements.
** MR. ASTROM MOVED: BE IT RESOLVED THAT THE PROPOSED AMENDMENT TO THE BUILDING
ZONE REGULATIONS AS SHOWN ON A CERTAIN DOCUMENT ENTITLED "#5-07R - ZONING
COMMISSION - PROPOSED AMENDMENT TO ARTICLE 111 TO REVISE THE COASTAL SITE PLAN
REVIEW REQUIREMENTS" AND DATED REVISED DRAFT MARCH 16, 2007, BE APPROVED.
BE IT FURTHER RESOLVED THAT THE REASON FOR THIS ACTION IS:
1. TO IMPLEMENT THE PLAN OF DEVELOPMENT POLICY TO "ESTABLISH AND MAINTAIN
AN EFFICIENT SYSTEM OF ZONING ENFORCEMENT..." (P. 17); AND
BE IT FURTHER RESOLVED THAT NOTICE OF THIS ACTION BE FORWARDED TO THE NORWALK ZONING COMMISSION.
** MS. GRANT SECONDED
** MOTION PASSED UNANIMOUSLY.
b. Zoning Commission - #6-07R – 88 Washington Street, LLC – Proposed amendments to Section 118-501 Washington Street Design District regarding use of municipal parking permits to meet parking requirements
** MR. ASTROM MOVED: BE IT RESOLVED THAT THE PROPOSED AMENDMENTS TO THE BUILDING ZONE REGULATIONS BY 88 WASHINGTON ST, LLC AS SHOWN ON A CERTAIN DOCUMENT ENTITLED "#6-07R - 88 WASHINGTON ST, LLC - PROPOSED AMENDMENTS TO SECTION 118-501 WASHINGTON ST DESIGN DISTRICT REGARDING USE OF MUNICIPAL PARKING PERMITS TO MEET PARKING REQUIREMENTS" AND DATED MARCH 6, 2007, BE DENIED:
BE IT FURTHER RESOLVED THAT THE REASONS FOR THIS ACTION ARE:
1. THAT THE PROPOSED AMENDMENTS WILL UNDERMINE THE PLAN OF CONSERVATION & DEVELOPMENT GOAL TO "STRENGTHEN THE REVITALIZATION OF NORWALK AND SOUTH NORWALK DOWNTOWNS BY ENCOURAGING MIXED-USE DEVELOPMENT" (P.19), AND
2. THAT THE PROPOSED AMENDMENTS WILL UNDERMINE THE GOALS OF THE 1999 SOUTH
NORWALK PARKING STUDY TO PROVIDE ADDITIONAL PUBLIC PARKING IN SOUTH NORWALK;
AND
BE IT FURTHER RESOLVED THAT THE NOTICE OF THIS ACTION BE FORWARDED TO THE NORWALK
ZONING COMMISSION.
** MS. GRANT SECONDED.
** MOTION PASSED UNANIMOUSLY.
c. Zoning Commission - #7-07R – Proposed amendments to Section 118-504 Central Business Design District regarding the number of bedrooms in multifamily developments
** MR. ASTROM MOVED: BE IT RESOLVED THAT THE PROPOSED AMENDMENT TO THE BUILDING ZONE REGULATIONS AS SHOWN ON A CERTAIN DOCUMENT ENTITLED #7-07R - ZONING COMMISSION - PROPOSED AMENDMENTS TO SECTION 118-504 CENTRAL BUSINESS DESIGN DISTRICT REGARDING THE NUMBER OF BEDROOMS IN MULTIFAMILY DEVELOPMENTS" AND DATED MARCH 13, 2007 TO ELIMINATE THE CAP REQUIRING THAT 70% OF ALL UNITS BE STUDIO OR ONE BEDROOM UNITS, BE APPROVED BY REDUCING THE AMOUNT FROM 70% TO 10%;
BE IT FURTHER RESOLVED THAT THE REASON FOR THIS ACTION IS:
1. TO IMPLEMENT THE PLAN OF CONSERVATION & DEVELOPMENT GOAL TO PROVIDE
QUALITY HOUSING "ACCORDING TO THE PROJECTED NEEDS OF NORWALK RESIDENTS."
(P. 35); AND
2. TO IMPLEMENT THE PLAN OF CONSERVATION & DEVELOPMENT POLICY TO "ENCOURAGE
THE CONSTRUCTION OF A VARIETY OF HOUSING TYPES & SIZES TO MEET THE VARIED
NEEDS OF THE MARKETPLACE." (P. 36); AND
3. THE AMENDMENT IS CONSISTENT WITH THE PLAN OF CONSERVATION & DEVELOPMENT
POLICY FOR WALL STREET THAT RECOMMENDS "AMENDING CURRENT ZONING RESTRICTIONS
TO PERMIT DEVELOPMENT OF UNITS LARGER THAN 1 BEDROOM."
4. TO ACKNOWLEDGE THE CHANGING MARKET DEMAND FOR TWO OR MORE BEDROOM UNITS BY
SINGLE OCCUPANCY HOUSEHOLDS AND "EMPTY NESTER" HOUSEHOLDS; AND
BE IT FURTHER RESOLVED THAT THE NOTICE OF THIS ACTION BE FORWARDED TO THE NORWALK ZONING COMMISSION.
** MR. MCLAUGHLIN SECONDED.
** MOTION PASSED UNANIMOUSLY.
d. Zoning Commission - #8-07R – DT Development Co. LLC – Proposed amendment in increase cap on PRD’s in B Residence Zone
There was no action.
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VI. PLAN OF CONSERVATION AND DEVELOPMENT
There was a five-minute recess 8:55pm-9:00pm.
Reference was made to the memo dated March 14, 2007 – the following comments/suggestions were made:
Comments on Page 1
Under the heading Environment and Infrastructure at the end of the first sentence
add…been combined because they are complimentary.
Under the heading Natural Solutions – in the seventh line delete the following:
and the result can be both frightening and destructive.
After the next sentence ends …necessary biodiversity. (Add the following) Attention
should be given to limiting the use of fertilizers and pesticides that wash
into our watercourses and eventually flowing into the Long Island Sound.
Under the heading Other Needed Solutions in the sixth line add power grid. In
the next line hyphenate biogas.
Comments on Page 2
Under the heading A System of Open Space and Recreational Areas, in the fourth
line delete Human populations and replace with People.
Under the heading Innovate: Management, in the second line change economic machine
to economic engine. In the sixth line change the word diverse to varied.
Under the heading Innovate with Inventory in the second line change to read
proposed development plans and take out “on the table”.
Comments on Page 3
Under the heading Community and Cultural Facilities change to read: In an effort
to address the continuing need for expanding cultural and community facilities
the city has committed to three major undertakings: a state-of-the-art police
headquarters, a refurbished south Norwalk library and much needed improvement
of school facilities. Delete the last sentence.
Under the heading Changing Facilities for a Changing Population, in the first
line replace technology with facilities. In the second line delete …increasingly
wire way… and replace with ever increasing focus on technology. Delete …including
swimming pools or ice-skating rinks. Delete the last sentence.
Comments on Page 4
Under the heading Transportation change the second sentence to read: The main
transportation lines of Interstate 95… Delete century old (fourth line) and
affordable (fifth line).
Comments on Page 5
Under the heading Good Planning Requires Diverse Input – use the original wording
instead of the second and last sentences.
Under the heading Regulations and Incentives flip the words addressed and reviewed
and correct spelling of Norwalk in the last line.
Mr. Astrom asked that the sources for statistics, etc. be added as footnotes.
There was discussion about times and dates to review further – it was decided
to have two meetings May 9th and May 15th.
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VII. APPROVAL OF THE MINUTES
On page 6 of Planning Commission minutes correct to read Mr. Levey.
** MR. ASTROM MOVED APPROVAL OF THE MINUTES OF MARCH 12, 2007 AND MARCH 13,
2007 AS AMENDED.
** MR. LEVEY SECONDED.
** MOTION PASSED UNANIMOUSLY.
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VIII. COMMENTS OF THE DIRECTOR
There were none this evening.
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IX. COMMENTS OF THE COMMISSIONERS
There were none this evening.
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X. COMMENTS FROM SWRPA
Ms. Grant indicated that she would distribute a report from the last meeting.
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XI. ADJOURNMENT
** MR. MCLAUGHLIN MOVED TO ADJOURN.
** MR. NELSON SECONDED.
** MOTION PASSED UNANIMOUSLY.
Meeting adjourned at 10.30 pm.
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