How To Get A Special Permit To Build A House In New Canaan

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1 PLANNING & ZONING COMMISSION MINUTES TUESDAY, JANUARY 31, 2006 REGULAR MEMBERS PRESENT: REGULAR MEMBERS ABSENT: Mr. Papp, Chairman Mrs. Grzelecki, Secretary Mr. Goodwin Mr. Hunziker Ms. Johnson Mr. Rothballer Mr. Ponterotto Mr. Scannell Mr. Wendell None ALTERNATE MEMBERS PRESENT: Mr. Persico ALTERNATE MEMBERS ABSENT: Mr. Ward Mr. Turner Also in Attendance: Steve Kleppin, Acting Town Planner/Zoning Enforcement Officer Public Hearing The Chairman opened the public hearing at 7:30 p.m. and referenced the call. Legal Advertisement NEW CANAAN ADVERTISER, NEW CANAAN, CONN., THURSDAY, JANUARY 19, PAGE 12A 2006 STATE OF CONNECTICUT to allow mechanical equipment Gallipoli for a Special Permit of TOWN OF NEW CANAAN including an emergency generator Sections 3.4.B.1 and 3.4.C.1 to PLANNING & ZONING and chiller in the front yard allow construction of a detached COMMISSION for property in the Four Acre two-car garage in a front yard Notice is hereby given that the Residence Zone at 721 North for property in the Two Acre Planning and Zoning Commission Wilton Road (Map 47 Block 120 Residence Zone at 218 Sleepy will hold a Public Hearing on Map 32). Hollow Road (Map 40 Block 101 Tuesday, January 31, 2006 at 7:30 4. Upon application of 721 North Map 29). p.m. in the Board Room of the Wilton Road LLC, for a Special 8. Upon application of New Town Hall to hear and decide Permit of Section 3.4.B.5.b to Canaan Lumber Company for a applications as follows: allow an accessory recreational Special Permit of Section 6.5.C.2 1. Upon application of Keith structure (sports barn) to be located to allow a driveway retaining wall E. Simpson Associates, Inc., in a front yard for property in to be located per the proposed Authorized Agent, for Ruth S. the Four Acre Residence Zone at parking lot expansion plan (SE- Lyden, for a two-lot subdivision 721 North Wilton Road (Map 47 1) in lieu of the 6 feet required for 4.12 acres of property in the Block 120 Map 32). setback and in lieu of the 6 feet Two Acre Residence Zone at 5. Upon application of 721 North height requirement for property in 280 Rosebrook (Map 39 Block Wilton Road LLC, for a Special the Business A Zone at 59 Grove 99 Lot 62). Continued from the Permit of Section 3.4.C.1.b. to Street (Map K Block 16 Lot 91). December 13, 2005 meeting. allow an accessory structure 9. Upon application of New 2. Upon application of Edward (garage carriage house ) to be Canaan Lumber Company for a Mellick, Authorized Agent, for located in a front yard for property Site Plan Application for Zoning New Canaan Country School, in the Four Acre Residence Zone Permit to add second floor offices for a Special Permit of Section at 721 North Wilton Road (Map for property in the Business A 3.2.C.7 to allow renovations 47 Block 120 Map 32). Zone at 59 Grove Street (Map K and addition to existing Stevens 6. Upon application of 721 Block 16 Lot 91). Classroom Building and 360 North Wilton Road LLC, for a HANDICAP ACCESS square foot addition to the Welles Special Permit of Section 3.4.C.2 DURING MEETING: building for property in the Two to allow construction of a tennis Please notify the Planning & Acre Residence Zone at 545 court (illuminated) in a front Zoning office in advance if wheelchair Ponus Ridge Road (Map 25 Block yard for property in the Four Acre accessibility is required. 12 Lot 160). Residence Zone at 721 North Dated: January 13, Upon application of 721 Wilton Road (Map 47 Block 120 New Canaan, Connecticut North Wilton Road LLC, for a Map 32). Jean N. Grzelecki, Secretary Special Permit of Section 3.4.C.5 7. Upon application of Frank \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 1 of 7

2 Executive Session Upon motion of Mrs. Grzelecki and second of Mr. Rothballer, the Commission voted unanimously to go into executive session at 7:30 p.m. to discuss the Westover litigation and the YMCA litigation. The Commission came out of executive session at 8:15 p.m. No decisions were made and no votes were taken. Public Hearing Upon motion of Mr. Hunziker and second of Mr. Wendell, the Commission voted unanimously to make the Westover litigation Item la on the agenda. 1A. Westover LLC Litigation, Park Street and Maple Street (Parcel Y) After brief discussion, upon motion of Mr. Hunziker and second of Mrs. Grzelecki, the Commission voted unanimously to approve the settlement of Westover LLC to construct six (6) residential condominium units will be constructed on the property at the corner of Park Street and Maple Street (Parcel Y) as depicted on Map Depicting Properties to be Conveyed Between St. Aloysius Church and Westover, LLC, New Canaan, Connecticut. St. Aloysius may pave, stripe and improve its adjacent parking in strict conformity with plans submitted by Westover LLC. The Commission authorizes the chairman to sign the necessary documents. 1. Ruth S. Lyden, 280 Rosebrook Upon application of Keith E. Simpson Associates, Inc., Authorized Agent, for Ruth S. Lyden, for a two-lot subdivision for 4.12 acres of property in the Two Acre Residence Zone at 280 Rosebrook (Map 39 Block 99 Lot 62). Continued from the December 13, 2005 meeting. Keith Simpson presented the application. After brief discussion, concerning primarily the accessway, the Public Hearing on this matter was closed. 2. New Canaan Country School, 545 Ponus Ridge Road Upon application of Edward Mellick, Authorized Agent, for New Canaan Country School, for a Special Permit of Section 3.2.C.7 to allow renovations and addition to existing Stevens Classroom Building and 360 square foot addition to the Welles building for property in the Two Acre Residence Zone at 545 Ponus Ridge Road (Map 25 Block 12 Lot 160). This Item was not heard. It was carried over to the February meeting North Wilton Road LLC, 721 North Wilton Road, Mechanical Equipment 3.4.C.5 to allow mechanical equipment including an emergency generator and chiller in the front yard for property in the Four Acre Residence Zone at 721 North Wilton Road (Map 47 Block 120 Map 32). Upon motion duly made, Item 3 and Item 5 were combined, for discussion only. Robert Marks, architect, presented the Items saying the property was an eight acre site in a four acre zone, with two front yards. He requested a Special Permit in order to install an emergency generator and a chiller for air conditioning in the front yard near the street, but within the required setbacks. As to Item 5, the architect described the proposed garage saying it has a four-car capacity, would be used strictly for storage, would have no plumbing fixtures. The Commission discussed the noise the mechanicals would generate and then objected to the placement of the mechanicals so near the street when they could be placed closer to the applicant s home. Eric Twerdahl, a neighbor, objected to the increased noise levels and felt that increased soundproofing would be required. Attorney \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 2 of 7

3 David Erdos spoke, representing neighbor Michael Rosenberg. His client lives downhill from the applicant and requested a hydrology study, worrying that the massive size of the project would increase runoff. John Strichter spoke saying that the chiller should not be placed next to any neighbor, but instead, next to the home it benefits. Mr. Marks noted that the engineer s report is part of the record and added that according to the report, there will be no net increase in water runoff. The Public Hearing on this Item was closed North Wilton Road LLC, 721 North Wilton Road, Sports Barn 3.4.B.5.b to allow an accessory recreational structure (sports barn) to be located in a front yard for property in the Four Acre Residence Zone at 721 North Wilton Road (Map 47 Block 120 Map 32). The application was withdrawn North Wilton Road LLC, 721 North Wilton Road, Garage 3.4.C.1.b. to allow an accessory structure (garage carriage house ) to be located in a front yard for property in the Four Acre Residence Zone at 721 North Wilton Road (Map 47 Block 120 Map 32). This Item was discussed along with Item 3. See the text at Item 3 above. The Public Hearing on this Item was closed North Wilton Road LLC, 721 North Wilton Road, Tennis Court 3.4.C.2 to allow construction of a tennis court (illuminated) in a front yard for property in the Four Acre Residence Zone at 721 North Wilton Road (Map 47 Block 120 Map 32). The application was withdrawn. 7. Frank Gallipoli, 218 Sleepy Hollow Road Upon application of Frank Gallipoli for a Special Permit of Sections 3.4.B.1 and 3.4.C.1 to allow construction of a detached two-car garage in a front yard for property in the Two Acre Residence Zone at 218 Sleepy Hollow Road (Map 40 Block 101 Map 29). Architect Robert Marks presented the application, describing the property as an existing glass house on six acres, with a sixty-foot pitch, and three acres of wetlands. The applicant wishes to cut a garage into the hill. The Applicant currently parks cars in a barn on the property, but wants to use the barn for a studio and park cars in the new proposed garage. The elevation of the proposed garage would be the same as the elevation of the terrace of the existing house. The Public Hearing on this Item was closed. 8. New Canaan Lumber Company, 59 Grove Street, Driveway Retaining Wall Upon application of New Canaan Lumber Company for a Special Permit of Section 6.5.C.2 to allow a driveway retaining wall to be located per the proposed parking lot expansion plan (SE-1) in lieu of the 6 feet required setback and in lieu of the 6 feet height requirement for property in the Business A Zone at 59 Grove Street (Map K Block 16 Lot 91). \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 3 of 7

4 Items 8 and 9 were combined, for discussion only. Attorney Ed Mellick presented the application, saying that there is no FAR issue, the additional offices would not create a constant flow of traffic, and addition of nine additional parking spaces would provide five more that required by zoning. Holt McCord provided additional information on parking and the retaining wall, noting that the parking is at present dead end parking so cars must back up to exit. The Public Hearing on these items was closed. 9. New Canaan Lumber Company, 59 Grove Street, Site Plan Application Upon application of New Canaan Lumber Company for a Site Plan Application for Zoning Permit to add second floor offices for property in the Business A Zone at 59 Grove Street (Map K Block 16 Lot 91). This Item was discussed along with Item 8. See the text at Item 8 above. The Public Hearing section of the meeting was closed at 9:10 p.m. Regular Meeting 10. Discussion and possible decision on any public hearing item. Discussion on Item 1, Ruth S. Lyden, 280 Rosebrook After stipulation by Mr. Simpson that the subdivision plan on file is signed and sealed, Mr. Rothballer moved and Mr. Ponterotto seconded a motion to approve the subdivision with conditions. The Commission voted in favor, Mrs. Grzelecki abstained. Conditions, modifications, or restrictions are as follows: 1. The applicant is to submit a signed and sealed Mylar and two paper copies of the final subdivision map to staff prior to signing by the chairman. These maps are to contain an appropriate title block for the chairman s signature and date. 2. All erosion and sediment controls are to be properly installed and remain in place and effective until any disturbed areas are stabilized. Discussion on Item 2, New Canaan Country School, 545 Ponus Ridge Road Item carried over to the February 28, 2006 meeting. Discussion on Item 3, 721 North Wilton Road LLC, 721 North Wilton Road Mechanical Equipment The Commission continued this Item to the February 28, 2006 meeting. Discussion on Item 4, 721 North Wilton Road LLC, 721 North Wilton Road Sports Barn The application was withdrawn. Discussion on Item 5, 721 North Wilton Road LLC, 721 North Wilton Road Garage Carriage House The Commission continued this item to the February 28, 2006 meeting. \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 4 of 7

5 Withdrawn. Discussion on Item 6, 721 North Wilton Road LLC, 721 North Wilton Road Tennis Court Discussion on Item 7, Frank Gallipoli, 218 Sleepy Hollow Road Upon motion of Mr. Hunziker and second of Mr. Goodwin the application was unanimously approved. Conditions, modifications, or restrictions are as follows: 1. Per Improvement Location Survey prepared by Brautigam Land Surveyors, P.C., updated December 28, 2005, on file with the Planning and Zoning Commission. 2. Per Architectural plans C1.0, SP1.0, A1.1 and A2.1 prepared by Roger Ferris + Partners LLC dated December 23, 2005, on file with the Planning and Zoning Commission. Discussion on Item 8, New Canaan Lumber Company, 59 Grove Street Setback/Height Upon motion of Mr. Scannell and second of Mr. Goodwin, the application was unanimously approved for both Item 8 and Item 9 below. Conditions, modifications, or restrictions are as follows: 1. Per Proposed Parking Lot Expansion Plan (SE1) and Construction Notes & Details (SE2) prepared by McChord Engineering Associates, Inc. dated June 16, 2005, on file with the Planning and Zoning Commission. 2. Per Retaining Wall Design Sheet 1 and Retaining Wall Design Sheet 2 prepared by Versa-Lok of New England dated November 18, 2005, on file with the Planning and Zoning Commission. In addition, the proposed expansion of a portion of the second floor of the structure was also approved and that any plans submitted as part of the Building Permit must be in accordance with Drawings A-1 A-7 prepared by Pogacnik Architects, LLC, dated December 26, 2005, on file with the Planning and Zoning Department. Discussion on Item 9, New Canaan Lumber Company, 59 Grove Street Second Floor Offices See Item 8 above for text. Unanimous approval. 11. Miles Property Bond Reduction - Rosebrook Road and Garibaldi Lane Request for Miles Property Bond Reduction - Rosebrook Road and Garibaldi Lane. After brief discussion, upon motion of Mrs. Grzelecki and second of Mr. Rothballer, the request was unanimously approved. Approval was conditioned on a new lot map being filed. 12. SIGN TASK FORCE REPORT a. Eating Well, 29 Down River Road Two oval signs. Request that the Item be handled administratively. b. AC Auto Body, Anthony Ceraso, 182 Main Street One wall sign. \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 5 of 7

6 Comment: This sign was previously submitted 9/24/04. Denied as submitted, approved with modification, to read AC Auto Work. Attorney David Rucci, representing Mr. Ceraso, addressed the issue of whether a sign can advertise an activity that is not permitted on a site. Mr. Ceraso spoke saying he is merely putting the company logo on the sign. After some discussion Mr. Ceraso agreed to give Mr. Kleppin revised wording for the sign that indicates auto body work is not being done on site. The Item was continued to the February meeting. Upon motion duly made the Commission approved the action taken in Item a above. 13. Administrative Actions or other matters (Town Planner) a. New Canaan Boy Scout Troop 70 s Tag Sale, April 29, 2006, annual application. b. New Canaan Country School Tag Sale, April 28, 2006, annual application. a. New Canaan Country School Frogtown Fair, May 20, 2006 (rain date May 21, 2006), annual application. Upon motion of Mr. Hunziker and second of Mrs. Grzelecki, the Commission unanimously approved the three applications submitted in this Item. 14. Approval of Minutes Minutes of December 13, After brief discussion the Item was continued to the February 28, 2006 meeting to allow corrections to Items 6 and Executive Session The executive session was held at the beginning of the meeting. 16. Other Matters The Commission discussed the Clark property, including possible restrictions on distributing court testimony. The Commission briefly discussed a proposed ordinance amending the Subdivision Regulations to allow a fee in lieu of open space. Chairman Papp addressed the need for a public forum to obtain feedback on the recently enacted zoning regulations. Mr. Kleppin will advise as to what date, in mid March, is available for the forum. The meeting adjourned at 9:50 p.m. Jean N. Grzelecki, Secretary \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 6 of 7

7 Legal Advertisement NEW CANAAN ADVERTISER, NEW CANAAN, CONN., THURSDAY, FEBRUARY 9, PAGE 24A 2006 PLANNING AND ZONING Zone at 218 Sleepy Hollow Road property in the Business A Zone MEETING (Map 40 Block 101 Map 29) at 59 Grove Street (Map K Block Notice is hereby given that the as shown on submitted maps, 16 Lot 91) shown on submitted Planning and Zoning Commission plans and materials, is hereby maps, plans and materials, at a regular meeting held on approved with conditions. is hereby approved with conditions. January 31, 2006 duly adopted RESOLVED, that the application RESOLVED, that the Planning the following resolutions, which of New Canaan Lumber & Zoning Commission voted are effective February 10, Company for a Special Permit of to approve the settlement of RESOLVED, that the application Section 6.5.C.2 to allow a driveway Westover LLC to construct six of Keith E. Simpson retaining wall to be located (6) residential condominium Associates, Inc., Authorized per the proposed parking lot units on the property at the corner Agent, for Ruth S. Lyden, for expansion plan (SE-1) in lieu of of Park Street and Maple a two-lot subdivision for 4.12 the 6 feet required setback and in Street (Parcel Y) as depicted on acres of property in the Two lieu of the 6 feet height requirement Map Depicting Properties to be Acre Residence Zone at 280 for property in the Business Conveyed Between St. Aloysius Rosebrook (Map 39 Block 99 A Zone at 59 Grove Street (Map Church and Westover, LLC, New Lot 62) as shown on submitted K Block 16 Lot 91) as shown on Canaan, Connecticut and that maps, plans and materials, submitted maps, plans and materials, St. Aloysius may pave, stripe is hereby approved with conditions. is hereby approved with and improve its adjacent parking RESOLVED, that the application conditions. in strict conformity with plans of Frank Gallipoli for RESOLVED, that the application submitted by Westover LLC. a Special Permit of Sections of New Canaan Lumber JEAN N. GRZELECKI, 3.4.B.1 and 3.4.C.1 to allow construction Company for a Site Plan Secretary of a detached two-car Application for Zoning Permit Dated February 3, 2006 garage in a front yard for property to add second floor offices for 2-9 in the Two Acre Residence \\dataserver\users$\pizzot\my Documents\Miscell\pz website material\pz MINUTES 2006\NC PZ Minutes doc Page 7 of 7