PLANNING & ZONING COMMISSION MINUTES. TUESDAY, November 17, 2009

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1 PLANNING & ZONING COMMISSION MINUTES TUESDAY, November 17, 2009 REGULAR MEMBERS PRESENT: Mr. Papp, Chairman Mrs. Grzelecki, Secretary Mr. Goodwin Mr. Hunziker Mr. Rothballer Mr. Scannell Mr. Turner Mr. Wendell ALTERNATE MEMBERS PRESENT: REGULAR MEMBERS ABSENT: Mr. Ward ALTERNATE MEMBERS ABSENT: Ms. Boyd Ms. DeLuca VACANCY Also in Attendance: Steve Kleppin, Town Planner/Senior Enforcement Officer REGULAR MEETING Chairman Papp called the Regular Meeting to order at 7:00 p.m. Chairman Papp announced with regret that the Commission has accepted Mr. Redman s resignation as a member of the Planning and Zoning Commission and acknowledged Mr. Redman s hard work and dedication to the Commission and also New Canaan and its citizens. 1. Discussion concerning the Draft Design Guidelines. Kent Turner, Downtown SubCommittee Chairman, opened discussion of the recent Draft Design Guidelines. The Commission discussed the LEED requirements for town buildings as well as to what part of the New Canaan Business district the guidelines were referring. It was determined that guidelines should list the Town Center as a comprehensive village district which would include each zone. The draft guidelines should be reviewed by the building inspector. A final draft of the guidelines should be submitted for review and discussion by the December 15, 2009 Planning and Zoning Commission meeting. PUBLIC HEARING Chairman Papp opened the Public Hearing at 7:20 p.m. LEGAL ADVERTISEMENT A Legal Notice was also published in the New Canaan News 18A NEW CANAAN ADVERTISER, NEW CANAAN, CONN., THURSDAY, NOVEMBER 5, 2009 TOWN OF NEW CANAAN applications as follows: two-family dwelling, for PLANNING & ZONING 1. Upon application of property at 103 South Avenue COMMISSION Edward Mellick, Mellick in the Apartment Zone (Map Notice is hereby given & Sexton, P.C., Authorized N Block 46 Lot 922). that the Planning and Zoning Agent, for Kevork Toroyan, Dated: October 30, 2009 Commission will hold a contract purchaser (Philip New Canaan, Connecticut Public Hearing on Tuesday, S. DelMazio, owner) for Jean N. Grzelecki, November 17, 2009 at 7:30 a Special Permit of Section Secretary p.m. in the Auditorium of the 7.1.B.3.b to allow the renovation/ 11-5 Town Hall to hear and decide enlargement of an existing PUBLIC HEARING 2. Maples Inn Real Estate Co LLC, owner, 79 Oenoke Ridge 09.doc Page 1 of 5

2 Ms. DeLuca was seated for Mr. Ward. Ms. Boyd was seated for Mr. Wendell, as he missed the previous presentation of this application and recused himself. Upon application of Andrew Glazer, Glazer Group, Authorized Agent, for Maples Inn Real Estate Co LLC, owner, for a Special Permit of Section 7.1.A.2, to convert the existing Inn into senior apartments for property at 179 Oenoke Ridge in the One Acre Residence Zone (Map 32, Block 42, Lot 9). (Not opened at September 29, 2009 meeting and continued from October 27, 2009 meeting). Andrew Glazer, Glazer Group, discussed the additional changes to the senior apartment plans. The parking and driveway area would be reduced and any water run-off will be controlled by a rain garden catch basin. 3. Stephen P. & Stacy M. Mettler, owners, Lot #66 White Oak Shade Road Ms. Boyd was unseated. Upon application of Stephen P. & Stacy M. Mettler (226 White Oak Shade Road), owners, for a Special Permit of Section 3.4.C.2 to install four poles with four non-glare fixtures to illuminate an existing tennis court, for property at Lot #66 White Oak Shade Road, in the One Acre Residence Zone (Map 36 Block 88 Lot 66). (Continued from September 29, 2009 and October 27, 2009 meetings). The public hearing on this matter was continued to the December 15, 2009 public hearing. 4. Scott Kaluczky, Silvermine Market, 1028 Silvermine Road Upon application of Scott Kaluczky, Silvermine Market (Lask Holdings LLC, owner), for a Special Permit of Section 7.1.A.5 to allow serving of dinners to the public as a sit down restaurant and to utilize the outdoor tables for dinner dining, for property at 1028 Silvermine Road in the One Acre Residence Zone (Map 48 Block 112 Lot 52). (Continued from October 27, 2009 meeting). Scott Kaluczky, applicant, stated that the needed parking issue was initially approved by Roger Williams and Pam Davis of the Silvermine Guild Arts Center and that the Center would formally approve the parking issue at their December board meeting. There was discussion by the Commission regarding the noise factor from outside diners. It was recommended that after one year in operation, the Commission will revisit and review the outside dining and any noise issues. 5. Kevork Toroyan, contract purchaser, 103 South Avenue Upon application of Edward Mellick, Mellick & Sexton, P.C., Authorized Agent, for Kevork Toroyan, contract purchaser (Philip S. DelMazio, owner) for a Special Permit of Section 7.1.B.3.b to allow the renovation/enlargement of an existing two-family dwelling, for property at 103 South Avenue in the Apartment Zone (Map N Block 46 Lot 922). Ed Mellick, Mellick & Sexton, P.C., stated that the existing building would be upgraded with an additional section added and the non-conforming garage removed. There was discussion regarding the two units, including the storage over the garage and third floor bedroom in the second unit. REGULAR MEETING 6. Deliberation and any possible action on a closed public hearing item. 09.doc Page 2 of 5

3 Discussion on Item #2, Maples Inn Real Estate Co LLC, owner, 179 Oenoke Ridge Upon motion of Mrs. Grzelecki and second of Mr. Rothballer, the Commission voted 1. Per Site Improvement Plans for a Proposed Residential Development prepared by Land-Tech Consultants, Inc., dated 11/17/09. on-file with the Planning and Zoning Department. 2. Per Level 1 Plan (A1.01), Per Level 2 Plan (A1.02), Per Level 3 Plan (A1.03), Per Elevations (A2.01 and A2.02) and Carriage House Plan & Elevations (AX.XX) dated 8/20/09), preferred by Benfield Architecture, PC, on-file with the Planning and Zoning Department. 3. The Agreement for Landscape and Maintenance Plan shall be recorded on the land records and a signed and stamped copy of the agreement shall be provided to the Planning and Zoning Department prior to obtaining a Zoning Permit for any new construction at the property. 4. All two-way traffic shall have an unobstructed travel width of twenty four (24) feet. 5. All one-way traffic shall have an unobstructed travel width of fifteen (15) feet. 6. All landscaping and site improvements indicated on the approved site plan shall be installed prior to the Certificate of Occupancy (CO). Discussion on Item #4, Scott Kaluczky, Silvermine Market, 1028 Silvermine Road Upon motion of Mr. Rothballer and second of Mrs. Grzelecki, the Commission voted 1. The interior and exterior dinner seating shall cease at 10:00 PM. 2. For the period of one (1) year, the Commission shall have the ability to determine whether 10:00 PM is the appropriate time for outdoor dining. Discussion on Item #5, Kevork Toroyan, contract purchaser, 103 South Avenue Upon motion of Mrs. Grzelecki and second of Mr. Hunziker, the Commission voted 1. Per Map Prepared for Kevork G. Toroyan, prepared by RKW Land Surveying, dated September 17, 2009, on-file with the Planning and Zoning Department. 2. Per First Floor Plan (A-1), Second Floor Plan (A-2), South and East Elevations (A-3) and North and West Elevations (A-4), dated , prepared by Laurent T. Dupont, A.I.A., Architects, P.C., on-file with the Planning and Zoning Department. 7. Anthony Giordano, 2 Pine Street Upon Site Plan application of Anthony Giordano (ESP Wexford II LLC, c/o Elm Street Partners LLC, owner), for a Site Plan permit of Section 4.4.C to allow exterior renovation of existing building, for property in the Business A Zone at 2 Pine Street (Map L Block 139 Lot 918). Anthony Giordano, applicant, presented plans to the exterior of the existing building including a potential storefront window, depending on potential future tenant needs. It was suggested by the Commission that curb widening would be beneficial and that a storefront window would be preferred. Upon motion of Mr. Wendell and second of Mr. Hunziker, the Commission voted unanimously to approve the application. 09.doc Page 3 of 5

4 Condition, modification or restriction is as follows: 1. Per Site Plan, North Elevation, West Elevation and East Elevations for 22/24 Pine Street, dated November 2009, prepared by Harvey Kaufman Architect P.C., onfile with the Planning and Zoning Department. 8. Discussion and consideration of exterior building façade from New Canaan Diner, 18 Forest Street. Mr. Teddy Giapoutzis, New Canaan Diner, discussed exterior façade plans which incorporated designs from earlier diners. It was determined that due to timing issues the owner will move forward opening his business using his existing design plan, to be approved by the Sign Task Force with as many members of the Commission participating as possible. 9. Sign Task Force Report. a. Filling Station Company, 19 South Avenue One wall sign. b. Coldwell Banker, 170 Main Street Five awnings. c. CavaWine Bar, 2 Forest Street Three retractable awnings. Upon motion of Mrs. Grzelecki and second of Mr. Hunziker, the Commission approved items a-c. 10. Downtown SubCommittee Report. No additional information to discuss. The SubCommittee report should be ready for a public hearing in January. 11. Administrative Actions or other matters as may properly come before the Commission (Town Planner). a. Approve the 2010 Meeting Schedule. b. January 12, 2010 (snow date January 14, 2010) - NEMO Roles and Responsibilities of Land Use Commissions Workshop. c. The appointment of a Commission representative to SWRPA has been continued to December. Upon motion of Mr. Hunziker and second of Mr. Scannell, the Commission approved item a. 12. Approve minutes of September 29, 2009 and October 27, 2009 Regular Meeting minutes and October 27, 2009 Special Meeting minutes. Approval of the September 29, 2009 minutes was continued to December. Upon motion of Mr. Goodwin and second of Mr. Rothballer, the Commission unanimously voted to approve the October 27, 2009 Special Meeting minutes. Upon motion of Mr. Goodwin and second of Mr. Scannell, the Commission unanimously voted to approve the October 27, 2009 Regular Meeting minutes. 19. Adjournment. Meeting was adjourned at 8:58 p.m. Jean Grzelecki, Secretary 09.doc Page 4 of 5

5 LEGAL ADVERTISEMENT A Legal Notice was also published in the New Canaan News 12A NEW CANAAN ADVERTISER, NEW CANAAN, CONN., WEDNESDAY, NOVEMBER 25, 2009 TOWN OF NEW CANAAN Zone (Map 32, Block 42, Lot of Section 7.1.B.3.b to allow PLANNING & ZONING 9) is approved with conditions. the renovation/enlargement of COMMISSION 2. RESOLVED, that the an existing two-family dwelling, Notice is hereby given application of Scott Kaluczky, for property at 103 South that the Planning and Zoning Silvermine Market (Lask Avenue in the Apartment Zone Commission at a regular meeting Holdings LLC, owner), for (Map N Block 46 Lot 922) is held on November 17, a Special Permit of Section approved duly adopted the following 7.1.A.5 to allow serving of 4. RESOLVED, that the Site resolutions. Approved dinners to the public as a sit Plan application of Anthony Special Permit Applications down restaurant and to utilize Giordano (ESP Wexford II become effective upon the filing the outdoor tables for dinner LLC, c/o Elm Street Partners of a copy thereof in the dining, for property at 1028 LLC, owner), for a Site Plan office of the Town Clerk. Silvermine Road in the One permit of Section 4.4.C to 1. RESOLVED, that the Acre Residence Zone (Map 48 allow exterior renovation of application of Andrew Glazer, Block 112 Lot 52) is approved existing building, for property Glazer Group, Authorized with conditions. in the Business A Zone at 2 Agent, for Maples Inn Real 3. RESOLVED, that Pine Street (Map L Block 139 Estate Co LLC, owner, for the application of Edward Lot 918) is approved. a Special Permit of Section Mellick, Mellick & Sexton, Jean N. Grzelecki, 7.1.A.2, to convert the existing P.C., Authorized Agent, for Secretary Inn into senior apartments for Kevork Toroyan, contract purchaser Dated November 20, 2009 property at 179 Oenoke Ridge (Philip S. DelMazio, in the One Acre Residence owner) for a Special Permit 09.doc Page 5 of 5