TOWN OF NEW MILFORD
Office of the Zoning Commission
10 Main Street
New Milford, Connecticut 06776
Telephone (860) 355-6095 • Fax (860) 210-2664
www.newmilford.org
ZONING COMMISSION
REGULAR MEETING MINUTES
AUGUST 23, 2016
Present:
Sharon Ward, Vice Chairwoman, seated and voting
James Volinski, Secretary, seated and voting
Charles Bogie, Member, seated and voting
Thomas O’Brien, Member, seated and voting
Richard Saitta, Alternate, seated and voting
Rob DiMichele, Alternate, not seated or voting
Laura Regan, Zoning Enforcement Officer, not seated or voting
Absent:
William Taylor, Chairman
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Ms. Ward called the regular meeting of August 23, 2016 to order at 7:00pm. Ms. Ward seated Mr.
Saitta and he confirmed that he had listened to the recording and read the minutes of the previous
meeting.
2) PUBLIC PARTICIPATION:
Ms. Ward opened the floor to any public participation. There was no public comment.
3) PUBLIC HEARINGS:
a. J & J Capital Investments, LLC, Special Permit and Site Plan Applications under
Chapters 60, 175, and 180 to allow building and site modifications to reutilize the existing
auto repair facility and to add the use of auto sales with outside storage of vehicles and
associated drainage, parking, landscaping, and lighting on property located a 4 Lanesville
Road, Map 14.1, Lot 89 in the IC Zone. Request to waive traffic study. Close by August 23,
2016 with 30 day extension
Paul Szymanski, PE, Principal, Arthur H. Howland and Associates, was present on behalf of the
applicant. Mr. Szymanski stated the applicant had received approval from the Wetlands Commission
and had nothing further to add.
Ms. Regan added that she had received a memo from James Ferlow, Wetlands Enforcement Officer,
dated August 22, 2016, stating that the Wetlands Commission approved the proposal during the
Regular Meeting held August 11, 2016, and attached was a copy of the permit and permit conditions
issued. Ms. Regan noted that she didn’t see anything out of the norm within the standard conditions.
Ms. Regan added that Mr. Szymanski had previously provided written responses to the Town Engineer
and Zoning Enforcement Officer’s Staff Report Questions and Comments. Ms. Regan referenced a
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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memo from Dan Stanton, Town Engineer, dated August 22, 2016, stating he had no additional
comments, but added that the applicant may need a Right of Way Permit from the CT DOT, a Right of
Way Permit from the Public Works, and recommended that the stormwater management system be
maintained in compliance with Connecticut DEEP regulations. Ms. Regan stated that she had prepared
a draft Resolution of Approval and provided copies for the Commission Members.
Mr. Szymanski asked for clarification with regard to the types of permits the applicant may need,
asking if it was an encroachment permit. Ms. Regan read from Mr. Stanton’s memo: “Chapter 60,
Section 30, states additional conditions and standards, noting that easement areas in the State Right of
Way may be deeded to the CT DOT as applicable. Please note that work within the town Right of
Way shall require a Right of Way Permit. This should be obtained before obtaining building permits
as necessary for the project.” Mr. Szymanski replied that they are not proposing any work or changes
in the Right of Way, and everything else is currently existing.
Ms. Ward asked the Commission members if they had any further questions. There were none. Ms.
Ward opened the floor to any public participation, there was no public comment.
Mr. Volinski moved to waive traffic study for J & J Capital Investments,
LLC, Special Permit and Site Plan Applications under Chapters 60, 175,
and 180 to allow building and site modifications to reutilize the existing
auto repair facility and to add the use of auto sales with outside storage
of vehicles and associated drainage, parking, landscaping, and lighting
on property located a 4 Lanesville Road, Map 14.1, Lot 89 in the IC
Zone. The motion was seconded by Mr. Saitta and carried unanimously.
Mr. Bogie moved to the close the public hearing for J & J Capital
Investments, LLC, Special Permit and Site Plan Applications under
Chapters 60, 175, and 180 to allow building and site modifications to
reutilize the existing auto repair facility and to add the use of auto sales
with outside storage of vehicles and associated drainage, parking,
landscaping, and lighting on property located a 4 Lanesville Road, Map
14.1, Lot 89 in the IC Zone. The motion was seconded by Mr. Volinski
and carried unanimously.
Ms. Ward said they would discuss this application during the business meeting.
b. Jessica Thornton, Special Permit and Site Plan Applications under Section 025-080 and
Chapters 175 and 180 to allow the conversion of an existing mixed-use building with 1
office and 1 apartment into a 2-family dwelling, on property located at 14 Aspetuck
Avenue, Map 35.2, Lot 109 in the R-8 zone. Request to waive engineered site plan, parking
and loading plan, stormwater management plan, lighting plan, landscape plan, traffic study,
and soil erosion and sediment control plan. Close by September 27, 2016
Mr. Volinski read the public hearing legal notice.
Jessica Thornton was present and provided the certified mail return receipts.
Ms. Regan referenced a memo from James Ferlow, Wetlands Enforcement Officer, dated July 26,
2016, stating that no individual wetlands permit is required for this project. Ms. Regan then
referenced her Staff Report dated August 19, 2016, with the attached A-2 Survey, and floor plans
for the first and second floors. Ms. Regan reviewed the Staff Report noting the property location,
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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site history and existing conditions as well as the proposal to allow the conversion of the existing
mixed use building with 1 professional office and 1 apartment into a 2-family dwelling. According
to the floor plans, the existing apartment consists of 175 SF on the 1st floor and 1,066 SF on the 2nd
floor (1,241 SF total) and the existing office consists of 1,546 SF on the 1st floor and 596 SF on the
2nd floor (2,142 SF total). The applicant is proposing to convert the existing 2,142 SF of office
space into the second apartment. Ms. Regan referenced that the Single Family Residential Zone,
Section 025-080(1) permits the conversion in accordance with Chapters 175 and 180, noting that the
applicant was in compliance with each of the following outlined conditions: a. The building must
be located in the original sewer district, which it is; b. Any dwelling to be converted must have been
constructed prior to 1972, the building was originally constructed in 1900 as a single family
dwelling; c. A maximum of 4 dwelling units may be permitted per parcel, 2 dwelling units are
proposed; d. Each dwelling must contain a minimum of 500 SF, as previously discussed the
proposed units are well in excess of the minimum requirement; e. Off-street parking must be
provided, a total of 4 parking spaces are required, however due to the previous use change to an
office, 9 spaces were required, so there is sufficient off-street parking; f. There shall be no external
alterations, no exterior alterations are proposed and Ms. Regan added that she had confirmed with
the Building Official that he did not believe any exterior alterations would be required by the
Building Code for the conversion; and g. A minimum area of 500 SF must be provided for
recreational enjoyment, the front porch, large front lawn and grassed area in the rear exceed this
requirement.
Ms. Regan asked if the applicant had anything to add before going over the Questions and
Comments section of the Staff Report.
Ms. Thornton stated that no construction changes of any kind are proposed. Ms. Regan asked for
clarification that meant the existing office space is simply going to become the 2nd apartment. She
noted that the kitchens for both apartments are currently located on the 1st floor. Ms. Thornton
replied that is exactly what she is proposing, and she plans to live in one of the apartments. Ms.
Ward added that she liked that the property would be owner occupied. Ms. Regan referenced
Comment 2, noting that the purpose of Section 025-080 is to “provide an incentive to restore,
rehabilitate, and maintain many of the older homes in the Town of New Milford”, adding that in her
opinion this is exactly the type of property the regulation was intended for. Comment 3 stated the
items the applicant is requesting be waived including the engineered site plan, parking and loading
plan, stormwater management plan, lighting plan, landscape plan, traffic study, and soil erosion and
sediment control plan. Ms. Regan stated that given there are no exterior alterations proposed, in her
opinion all of the requested items could be waived.
Ms. Ward asked the Commission members if they had any questions or concerns for the applicant,
there were none. Ms. Ward then opened the floor to any public participation.
Carl Dunham, Candlewood Mountain Road, wished to add that he is very familiar with the building
and wished to point out that even though the lower level was converted to an office, the kitchen was
never removed and the office occupant had left the previous dwelling pretty much intact, just using
it as an office. Mr. Dunham stated he was encouraged that it would be owner occupied and
appreciated the conservative approach.
Patricia Greenspan, 17 Terrace Place, stated that she agreed with Mr. Dunham, and added that she
was pleased that no exterior changes were being made to this historic home.
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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Ms. Thornton wished to add that her husband is a finish carpenter who specializes in antique and
historic homes and they plan to do many nice things with the home.
Ms. Ward moved to waive engineered site plan, parking and loading
plan, stormwater management plan, lighting plan, landscape plan,
traffic study, and soil erosion and sediment control plan for Jessica
Thornton, Special Permit and Site Plan Applications under Section 025080 and Chapters 175 and 180 to allow the conversion of an existing
mixed-use building with 1 office and 1 apartment into a 2-family
dwelling, on property located at 14 Aspetuck Avenue, Map 35.2, Lot 109
in the R-8 zone. The motion was seconded by Mr. Volinski and carried
unanimously.
Mr. Volinski moved to close the public hearing for Jessica Thornton,
Special Permit and Site Plan Applications under Section 025-080 and
Chapters 175 and 180 to allow the conversion of an existing mixed-use
building with 1 office and 1 apartment into a 2-family dwelling, on
property located at 14 Aspetuck Avenue, Map 35.2, Lot 109 in the R-8
zone. The motion was seconded by Mr. Saitta and carried unanimously.
Ms. Ward said they would discuss this application during the business meeting.
c. Northwest Conservation District, Inc., Special Permit and Site Plan Applications under
Section 040-020(2) to allow a public park with parking area on property located at 8 Kent
Road, Map 28.4, Lot 8 in the B-1 zone. Request to waive building floor plans and
renderings, stormwater management plan, lighting plan, landscape plan, traffic study, and
soil erosion and sediment control plan. Close by September 27, 2016
Mr. Volinski read the public hearing legal notice.
Ms. Regan stated that Sean Hayden, Executive Director, Northwest Conservation District, had dropped
off the certified mail return receipts to her office. Ms. Regan referenced the Staff Report dated August
22, 2016 with attached property survey map. Ms. Regan referenced a memo from James Ferlow,
Wetlands Enforcement Officer, dated August 22, 2016, stating that the Wetlands Commission received
a permit application for the installation of a parking area in the northwest corner of the property, the
Wetlands Commission approved the proposal during the Regular Meeting of July 10, 2014, attached
was the copy of the permit, with standard conditions. Ms. Regan reviewed her Staff Report, noting the
location of the subject property, site history and existing conditions, as well as the proposal by the
Northwest Conservation District seeking special permit and site plan approval to formally establish the
use of the property as a public park/nature preserve with a new curb cut and parking area proposed off
of Kent Road/Route 7 in the northwest corner of the property. A roofed interpretive kiosk is also
proposed in the rear/western end of the parking lot that will be used to display trail maps and
educational information about the preserve.
Bob Rush, Northwest Conservation District, was present to address the Commission. Mr. Rush stated
that many years ago as the President of Affordable Housing, he bought the land for $250,000 for
drainage for Indian Fields. Mr. Rush, who is also a board member of the Northwest Conservation
District, stated that NCD agreed to purchase the property utilizing the funds provided by
Westinghouse/GE settlement. Mr. Rush described the beauty of the property and stated the proposal is
a win win for the community.
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Ms. Regan read a letter from Stephen T. Looney, Member of STL Holdings, and owner of the abutting
property and business, dated August 8, 2016. Mr. Looney stated that while he fully supports the
proposed park and believes it will be a great asset to the residents of New Milford, he does have two
concerns. The first being that the access (curb cut) to the park being located 50 feet south of the access
to his property, which is only about 1000 feet from where the 2 lanes of Route 7 merge to 1 lane. Due
to his experience with this location, he asks that proper speed limit and park entrance signage be posted
for safety reasons. Mr. Looney stated his other concern is the lack of any barrier between his property
and the proposed parking area, asking that the Commission discuss and recommend some type of
natural barrier to deter people from crossing onto his property without permission.
Ms. Ward asked Mr. Rush if they would consider adding this natural barrier. Mr. Rush replied that
once the land is turned over to the town, they can do anything they want. Ms. Ward reminded the
applicant that the town does not own the property yet, the application before the Commission is from
the NCD, and would they consider adding the landscaping or light fencing to delineate the property
lines. Mr. Rush replied “sure”, and added that they have offered to buy the adjacent land.
Mr. Saitta asked that perhaps a certain amount of open area be maintained between the two properties.
Ms. Regan stated that there is currently about 13 feet from the property line to the edge of the proposed
parking area. Mr. Bogie suggested a bank of forsythia be planted through that area, noting that it
would be nice looking and easy to maintain.
Mr. DiMichele added that a curb cut as far north as possible would be best. Ms. Regan and Ms. Ward
stated that the DOT would determine where that curb cut will be, calculated all the sight distances and
will determine what signage is necessary.
Mr. DiMichele inquired about the existing drainage ditch, where it is located and what it can handle,
noting concerns about impacts to the wetlands and river. Mr. Rush demonstrated about how high it is
and stated it contains rip-rap and could handle a 100 year storm. Ms. Regan referenced the location on
the site plan and reminded the Commission that the Wetlands Commission has approved the
application.
Mr. O’Brien stated that he had no objection to the parking lot, but wished to make everyone aware that
this property has a length of sidewalk on the south side coming off the bridge, and asked if there has
been any discussion about making the park accessible to foot traffic from that side. Mr. Rush replied
no, due to the fact that the town only mows to their property line, adding that once the town owns it,
they may decide to mow and maintain a path into the park. Mr. O’Brien asked what town entity is
involved with the discussion to turn the park over to the Town of New Milford, to which Mr. Rush
replied that the discussion is with the Mayor and the NCD Chairman, Curtis Reed, and he thinks they
had discussed turning it over at the end of this month. Mr. O’Brien asked if there is a map of planned
trails and where could it be found. Mr. Rush stated he wasn’t sure and asked Ms. Regan if Sean
Hayden had provided one, to which Ms. Regan replied that she had not received a map, but noted the
kiosk will serve that purpose with posted trail maps. Mr. Rush added that hopefully the town will take
care of the mowing after they take over, noting the NCD will be taking care of the mowing for at least
the first year. Mr. Bogie asked if this park would become part of Parks and Recreation to which Mr.
Rush replied he did not know. Mr. Bogie and Mr. DiMichele agreed with Mr. O’Brien that some sort
of access and signage from the south side of the bridge and sidewalk would be good as that is easy
access with more parking. Mr. Bogie pointed out that this plan becomes his maintenance problem, that
if you create miles of trails, the town becomes responsible to maintain and police them. Mr. Rush
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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pointed out that the park will be very scenic and Mr. O’Brien agreed it would be a great addition to the
town.
Ms. Ward opened to the floor to any public participation.
Carl Dunham, Candlewood Mountain Road, discussed the history of the property, stating that it had
been adversely affected over the years with the changes in use, but that it is a beautiful piece of
property right at the gateway of New Milford and along the river. Mr. Dunham expressed support for
the project stating that the town of New Milford is very lucky to be gifted this piece of property.
Paul Szymanski stated that behind the scenes, he is undertaking the effort to get all of the materials and
labor donated to construct the parking area. Mr. Szymanski noted that adding any sidewalks would be
too costly, but what could be done is possibly having public works place a few large stones to mark the
trail and once it levels out to elevation, the mowing of the trails could interconnect. Mr. Szymanski
stated that they are seeking volunteers, to which Ms. Ward suggested it could be a good Eagle Scout
project.
Mr. Rush wished to add that if you go over the bridge and take a right, there is a little gully, which fills
up when the water is high and that there is a little bridge there made out of two light poles and slats
which allows access to the property.
Ms. Ward wished to add that she was delighted to finally see this project come to fruition, noting that
over 10 years ago she served on the committee as part of the Housatonic River Commission that
applied for the funds from the GE settlement due to the PCB pollution of the Connecticut River and
she is very pleased to see New Milford get some of that money and put it to use in this way.
Ms. Ward moved to waive building floor plans and renderings,
stormwater management plan, lighting plan, landscape plan, traffic
study, and soil erosion and sediment control plan for Northwest
Conservation District, Inc., Special Permit and Site Plan Applications
under Section 040-020(2) to allow a public park with parking area on
property located at 8 Kent Road, Map 28.4, Lot 8 in the B-1 zone. The
motion was seconded by Mr. Saitta and carried unanimously. The
motion was seconded by Mr. Saitta and carried unanimously.
Mr. Volinski moved to close the public hearing for Northwest
Conservation District, Inc., Special Permit and Site Plan Applications
under Section 040-020(2) to allow a public park with parking area on
property located at 8 Kent Road, Map 28.4, Lot 8 in the B-1 zone. The
motion was seconded by Ms. Ward and carried unanimously.
Ms. Ward said they would discuss this application during the business meeting.
4) NEW BUSINESS:
None
5) OLD BUSINESS:
None
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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6) ACCEPT FOR PUBLIC HEARING:
a. Kathryn Golembeski & Susan Agonis, Co-Executrixes, Map Amendment Application to change
the zoning designation of 2 contiguous properties on the east side of Danbury Road and Old
State Road and the west side of Pickett District Road, Map 14.4, Lot 6 (260 Pickett District
Road) and 14.3, Lot 80, totaling 39.435 acres, from the Restricted Industrial (RI) zone to the
Industrial (I) Zone, more specifically depicted as Parcels 2 and 3 on a Class A-2 survey map
entitled, “Docktor Brothers Property” prepared by Robert W. Grossenbacher, LS, dated 9/7/04.
Suggested Date: October 11, 2016
Ms. Ward moved to accept Agenda Item 6a for public hearing on the
date suggested. The motion was seconded by Mr. Volinski and carried
unanimously.
7) BUSINESS MEETING:
a. Discussion and possible decisions on the evening’s agenda
Agenda Item 3a: J & J Capital Investments, LLC, Special Permit and Site Plan Applications
under Chapters 60, 175, and 180 to allow building and site modifications to reutilize the existing
auto repair facility and to add the use of auto sales with outside storage of vehicles and
associated drainage, parking, landscaping, and lighting on property located a 4 Lanesville Road,
Map 14.1, Lot 89 in the IC Zone.
Ms. Regan wished to discuss the suggested hours of construction detailed in the Resolution of
Approval. Ms. Regan stated that this summer various town agencies have received an increase
in complaints about noise and why the town does not have a noise ordinance. Ms. Regan stated
that was why she suggested including a restriction on the hours of construction to this
Resolution of Approval, but added that this may not be the best place to start because the closest
house is approximately 400 feet away. Going forward, however, the Commission may want to
consider a resection on construction hours when residential homes are within 500’, for example,
of a project. There was some discussion amongst the Commission members with regard to
setting limits on evenings, weekends and projects that involve extensive earth moving and stone
crushing, but deciding that this was not applicable to this project.
Mr. O’Brien moved to adopt the Resolution of Approval for J & J
Capital Investments, LLC, Special Permit and Site Plan Applications
under Chapters 60, 175, and 180 to allow building and site modifications
to reutilize the existing auto repair facility and to add the use of auto
sales with outside storage of vehicles and associated drainage, parking,
landscaping, and lighting on property located a 4 Lanesville Road, Map
14.1, Lot 89 in the IC Zone, with the deletion of item 3g. The motion
was seconded by Mr. Bogie and carried unanimously.
Agenda Item 3b: Jessica Thornton, Special Permit and Site Plan Applications under Section
025-080 and Chapters 175 and 180 to allow the conversion of an existing mixed-use building
with 1 office and 1 apartment into a 2-family dwelling, on property located at 14 Aspetuck
Avenue, Map 35.2, Lot 109 in the R-8 zone.
Ms. Regan stated that she does not have any recommended stipulations or conditions of
approval for this application. Mr. Bogie and Ms. Ward agreed that there were no concerns with
this project, that it will remain a beautiful historic property inside and outside.
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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Mr. O’Brien moved to approve Jessica Thornton, Special Permit and
Site Plan Applications under Section 025-080 and Chapters 175 and 180
to allow the conversion of an existing mixed-use building with 1 office
and 1 apartment into a 2-family dwelling, on property located at 14
Aspetuck Avenue, Map 35.2, Lot 109 in the R-8 zone. The motion was
seconded by Mr. Bogie and carried unanimously.
Agenda Item 3c: Northwest Conservation District, Inc., Special Permit and Site Plan
Applications under Section 040-020(2) to allow a public park with parking area on property
located at 8 Kent Road, Map 28.4, Lot 8 in the B-1 zone.
Ms. Ward stated that the only thing she would like to see added was the suggestion by Mr.
Bogie to install a vegetative border along the edge of the parking area for screening. There was
some discussion amongst the Commission members about the types of vegetation that would be
suitable.
Ms. Regan suggested the following conditions: 1) That prior to issuance of a zoning permit, or
start of construction, the applicant shall provide proof of final DOT approval for the curb cut; 2)
That shrubs shall be planted along the northern edge of the parking area for adequate screening
and easy maintenance; and 3) The applicant and future owners shall be encouraged to create and
maintain pedestrian access from the southern edge of the property adjacent to the bridge.
Ms. Ward moved to approve Northwest Conservation District, Inc.,
Special Permit and Site Plan Applications under Section 040-020(2) to
allow a public park with parking area on property located at 8 Kent
Road, Map 28.4, Lot 8 in the B-1 zone, with the following conditions: 1)
That prior to issuance of a zoning permit, or start of construction, the
applicant shall provide proof of final DOT approval for the curb cut; 2)
That shrubs shall be planted along the northern edge of the parking
area for adequate screening and easy maintenance; and 3) The
applicant and future owners shall be encouraged to create and maintain
pedestrian access from the southern edge of the property adjacent to the
bridge. The motion was seconded by Mr. Volinski and carried
unanimously.
b. Discussion and possible decision on the following closed public hearings
None
8) ACCEPTANCE OF MINUTES:
a. July 26, 2016 Regular Meeting Minutes
Mr. Bogie moved to approve the July 26, 2016 Regular Meeting Minutes
as filed. The motion was seconded by Ms. Ward and carried
unanimously.
9) BILLS AND COMMUNICATIONS:
a. Bill: Cramer & Anderson, dated 8/1/16, regarding Auto Technic vs. Zoning Commission,
$573.50
b. Bill: Cramer & Anderson, dated 8/1/16, regarding misc. professional services, $536.50
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
Page 8 of 9
Ms. Ward moved to approve payment of Agenda Items 9a and 9b to
Cramer & Anderson in the amounts listed. The motion was seconded by
Mr. Bogie and carried unanimously.
10) ANY BUSINESS PROPER TO COME BEFORE THE COMMISSION:
11) ADJOURNMENT:
Mr. Volinski moved to adjourn the meeting at 8:00pm. The motion was
seconded by Mr. Bogie and carried unanimously.
Respectfully Submitted,
Amy Farrell
Recording Secretary
New Milford Zoning Commission Regular Meeting Minutes – August 23, 2016
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