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REGULAR MEETING WATERBURY ZONING COMMISSION

WEDNESDAY, OCTOBER 23, 2013 - 7:00 PM CITY HALL, 2nd FLOOR, ALDERMANIC CHAMBERS

235 GRAND STREET, WATERBURY, CT 06702

SUMMARY MINUTES

Chairman J. Egan called the regular meeting to order at 7:04 p.m. with a Pledge of Allegiance followed by a Roll Call. PRESENT: E. Brunelli ABSENT: P. Goodin ALSO PRESENT:

J. D’Orso James A. Sequin, AICP J. Egan City Planner S. Mannetti P. Nogueira T. Van Stone, Jr.

SUPPLEMENTAL ITEMS: (Need to be added to agenda - 5 votes required)

1. 2013-0201 – SPECIAL PERMIT for Alcohol Sales (Grocery Beer). Location: 43

Willow Street. Applicant: Aijaz Ahmad. OPEN HEARING DEADLINE: DECEMBER 27, 2013.

On a motion of Cmsr. Mannetti, followed by a second from Cmsr. Van

Stone, Jr., the Zoning Commission voted unanimously to ADD

Supplemental Item #1 to the Agenda as New Business ITEM #7.

PUBLIC HEARINGS:

PUBLIC HEARINGS No. 1 & 2 were COMBINED and acted on as

1 ITEM, to wit:~

1. PL2013-0214 - ZONING TEXT AMENDMENT concerning the modification

of Section 4.08 Table of Permitted Uses to restrict Halfway Residences to the IG District and to modify the definition of a Halfway Residences; Applicant: Zoning Commission. NO DEADLINES; PUBLIC HEARING SCHEDULED FOR OC- TOBER 23, 2013.

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2. PL2013-0215 - ZONING TEXT AMENDMENT concerning the modification

of Section 10.07 Halfway Residences to modify the Special Use Standards for Halfway Residences Applicant: Zoning Commission. NO DEADLINES; PUBLIC HEARING SCHEDULED FOR OCTOBER 23, 2013. SPEAKERS FOR THIS MATTER: 1. Joan Phillips – 22 Huntingdon Place 2. Carmen Adams-Rosado – 447 Huntingdon Avenue 3. Maria Gervase Malley – 407 Huntingdon Avenue 4. Ryan Owen Malley – 407 Huntingdon Avenue

The Zoning Commission recessed for Two (2) Minutes at 7:40.

The Zoning Commission returned to its regular order at 7:42.

On a motion of Cmsr. Van Stone, Jr., followed by a second from Cmsr.

Mannetti, the Zoning Commission voted unanimously to CLOSE

Public Hearings #1 & 2; Applications PL 2013-0214 & PL 2013-0215.

PUBLIC HEARINGS No. 3 & 4 were COMBINED and acted on as

1 ITEM, to wit:~

3. 2013-0201 - ZONING REGULATION AMENDMENT Zoning Map Change –

8,251 s. ft. from RL Low Density Residential District to RM - Medium Density Multifamily District. Location: East side of Darling Street, 120+ feet north of Meriden Road. Applicant: Ives St. Investments LLC. OPEN HEARING DEAD LINE: NOVEMBER 1, 2013.

4. PL2013-0202 - ZONING REGULATION AMENDMENT Zoning Map Change

– 15,660 sq. ft. from CG - General Commercial District to RM - Medium Den- sity Multifamily District; Location: North side of Meriden Road, 50+ feet East of Darling Street; Applicant: Ives St. Investments LLC; OPEN HEARING DEAD LINE: NOVEMBER 1, 2013.

SPEAKERS FOR THIS MATTER: 1. Attorney Mark Iannone – 250 Wolcott Road, Wolcott, CT – representing owner/applicant

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2. Paul Bunevich – 567 Watertown Avenue – Professional Engineer – repre- senting owner applicant.

On a motion of Cmsr. Nogueira, followed by a second from Cmsr.

Van Stone, Jr., the Zoning Board of Appeals voted unanimously to

RECEIVE & PLACE ON FILE “Four (4) Photos Computer Generated

Photos” relative to the aforementioned application.

3. Jackie Taillon – 935 Meriden Road

4. Louis Tamburini – 33 Darling Street

On a motion of Cmsr. Van Stone, followed by a second from Cmsr.

D’Orso, the Zoning Commission voted unanimously to CLOSE Public

Hearings #3 & 4; Applications PL 2013-0201 & PL 2013-0202.

5. PL2013-0240 - SPECIAL PERMIT for Alcohol Sales (Liquor Store). Location:

160 Kukas Lane, Applicant: Baldevbhai Ishanpara; OPEN HEARING DEADLINE: NOVEMBER 29, 2013.

On a motion of Cmsr. Nogueira, followed by a second from Cmsr. Van

Stone, Jr., the Zoning Commission voted unanimously to CLOSE

Public Hearing #5; Application PL 2013-0240.

6. PL2013-0200 - SPECIAL PERMIT Section 4.08 Entertainment Uses; Section

9.03.06 (ii) Parking Reduction. Location: 440 Chase River Road. Applicant: c/o Douglas Breakstone Esq. CLOSE HEARING DEADLINE: OCTOBER 30, 2013.

SPEAKERS FOR THIS MATTER: 1. Douglas Breakstone of Waterbury, CT – representing owner/applicant 2. Assistant Corporation Counsel Paula N. Anthony

3. Ken Bessette – owner/applicant

On a motion of Cmsr. Van Stone, Jr., followed by a second from

Cmsr. D’Orso, the Zoning Commission voted unanimously to

CLOSE Public Hearing #6; Application PL 2013-0200.

PUBLIC SPEAKING:

OLD BUSINESS:

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1. PL2013-0113 - SPECIAL PERMIT for a group living facility. Location: 17

Arch Street, Applicant: Venial Walker. DECISION DEADLINE: NOVEMBER 29, 2013. 11 EXTENSION DAYS REMAINING.

On a motion of Cmsr. Van Stone, Jr., followed by a second from

Cmsr. D’Orso, the Zoning Commission voted unanimously to

TABLE Old Business #1; Application PL 2013-0113.

2. PL2013-0200 - SPECIAL PERMIT Section 4.08 Entertainment Uses; Section

9.03.06 (ii) Parking Reduction. Location: 440 Chase River Road. Applicant: c/o Douglas Breakstone Esq. OPEN HEARING DEADLINE: NOVEMBER 1, 2013.

On a motion of Cmsr. Mannetti, followed by a second from Cmsr.

Van Stone, Jr., the Zoning Commission voted unanimously to

TABLE Public Hearing #6; Application PL 2013-0200 UNTIL

11.06.13 at which time the Zoning Commission will HOLD A

SPECIAL MEETING AT 7:00 PM.

3. PL2013-0214 - ZONING TEXT AMENDMENT concerning the modification

of Section 4.08 Table of Permitted Uses to restrict Halfway Residences to the IG District and to modify the definition of a Halfway Residences; Applicant: Zoning Commission. NO DEADLINES; PUBLIC HEARING SCHEDULED FOR OCT- OBER 23, 2013.

On a motion of Cmsr. Nogueira, followed by a second from Cmsr. Van

Stone, Jr., the Zoning Commission voted unanimously to APPROVE

Old Business #3; Application PL 2013-0214 based on the following recommendation by City Planner J. Sequin, to wit:~

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4. PL2013-0215 - ZONING TEXT AMENDMENT concerning the modification

of Section 10.07 Halfway Residences to modify the Special Use Standards for Halfway Residences Applicant: Zoning Commission. NO DEADLINES; PUBLIC HEARING SCHEDULED FOR OCTOBER 23, 2013.

On a motion of Cmsr. Mannetti, followed by a second from Cmsr. Van

Stone, Jr., the Zoning Commission voted unanimously to APPROVE

WITH NOTED CHANGES Old Business #4; Application PL 2013-0215

based on the following recommendation by City Planner J. Sequin, to wit:~

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**The Commission changed Section 10.07.03 (iv) to replace “FIVE

HUNDRED (500)” with “SEVEN HUNDRED FIFTY (750”) and to ADD an Item 5 to the list as follows: “5) A LEGAL DWELLING UNIT”. ALSO Section

10.07.03 (vi) was modified to change the term halfway “houses” to halfway “RESIDENCES” to be consistent with the definition.

5. PL2013-0201 - ZONING REGULATION AMENDMENT Zoning Map

Change – 8,251 s. ft. from RL Low Density Residential District to RM - Medium Density Multifamily District. Location: East side of Darling Street, 120+ feet north of Meriden Road. Applicant: Ives St. Investments LLC. OPEN HEARING DEADLINE: NOVEMBER 1, 2013 PUBLIC HEARING SCHEDULED FOR OCTOBER 23, 2013.

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On a motion of Cmsr. Nogueira, followed by a second from Cmsr. Van Stone, Jr., the Zoning Commission voted by a five (5) yea – one (1) nay

roll call vote to APPROVE Old Business #5; Application PL 2013-0201

– Roll Call vote OVERTURNS the City Plan Commission’s decision to deny. The following City Planner J. Sequin’s recommendation with

respect to OB #5, to wit:~

ROLL CALL: YEAS: Commissioners Brunelli, D’Orso, Nogueira, Van Stone, Jr. and Egan ~ 5 NAYS: Commissioner Mannetti ~ 1

6. PL2013-0202 - ZONING REGULATION AMENDMENT Zoning Map

Change – 15,660 sq. ft. from CG - General Commercial District to RM – Med- ium Density Multifamily District; Location: North side of Meriden Road, 50+ feet East of Darling Street; Applicant: Ives St. Investments LLC; OPEN HEARING DEADLINE: NOVEMBER 1, 2013 PUBLIC HEARING SCHEDULED FOR OCTOBER 23, 2013.

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On a motion of Cmsr. Van Stone, Jr., followed by a second from Cmsr. Nogueira, the Zoning Commission voted by a five (5) yea – one (1) nay

roll call vote to APPROVE Old Business #6; Application PL 2013-0202

– Roll Call vote OVERTURNS the City Plan Commission’s decision to deny. The following City Planner J. Sequin’s recommendation with

respect to OB #5, to wit:~

ROLL CALL: YEAS: Commissioners Brunelli, D’Orso, Nogueira, Van Stone, Jr. and Egan ~ 5 NAYS: Commissioner Mannetti ~ 1

7. PL2013-0240 - SPECIAL PERMIT for Alcohol Sales (Liquor Store). Location:

160 Kukas Lane, Applicant: Baldevbhai Ishanpara. OPEN HEARING DEADLINE: NOVEMBER 29, 2013.

On a motion of Cmsr. Nogueira, followed by a second from Cmsr.

Mannetti, the Zoning Commission voted unanimously to APPROVE

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Old Business #7; Application PL 2013-0240 based on the following recommendation by City Planner J. Sequin, to wit:~

NEW BUSINESS:

1. Request for an extension of a Special Permit for Earth Excavation for East

Main St. SPEAKER FOR THIS MATTER: 1. Michael Ceccorulli – Associate - Pullman & Comley LLC of Hartford, CT

On a motion of Cmsr. Nogueira, followed by a second from Cmsr. Van

Stone, the Zoning Commission voted unanimously to APPROVE New

Business #1 – for an additional five (5) year period which is the maximum extension allowed by statute.

2. PL2013-0259 DMV Approval of Location. Location: 299 Meriden Road.

Applicant: Marcus Mason.

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SPEAKER FOR THIS MATTER: 1. Marcus Mason – Applicant/Owner

On a motion of Cmsr. Nogueira, followed by a second from Cmsr.

Mannetti, the Zoning Commission voted unanimously to APPROVE Old Business #2; Application PL 2013-0259 based on the following recommendation by City Planner J. Sequin, to wit:~

3. PL2013-0260 DMV Approval of Location. Location: 2999 East Main St.

Applicant: John Krawczynski.

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SPEAKER FOR THIS MATTER: 1. John Krawczynski – Applicant/Owner

On a motion of Cmsr. Nogueira, followed by a second from Cmsr.

Brunelli, the Zoning Commission voted unanimously to APPROVE Old

Business #3; Application PL 2013-0260 based on the following

recommendation by City Planner J. Sequin, and also adding NO parking in front of the bollards, to wit:~

4. Discussion - 343 Congress Ave. regarding changes to the site plan.

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On a motion of Cmsr. Van Stone, Jr., followed by a second from Cmsr.

Nogueira, the Zoning Commission voted unanimously to ALLOW CITY

PLANNER J. SEQUIN TO PROCEED AS MODIFIED with respect to

New Business Item #4.

5. PL2013-0261 - ZONING REGULATION AMENDMENT Zoning Map Change-

17+/- acres from CO (commercial office) to CA (arterial commercial). Location: 999 Chase Parkway. Applicant: Chase Parkway Rentals, LLC. OPEN HEARING DEADLINE: December 27, 2013.

On a motion of Cmsr. Van Stone, Jr., followed by a second from Cmsr.

Nogueira, the Zoning Commission voted unanimously with respect

to New Business #5 to SCHEDULE A PUBLIC HEARING FOR

12.19.13 & TO REFER TO THE CITY PLAN COMMISSION.

6. PL2013-0262 - ZONING TEXT AMENDMENT Concerning the modification

of Section 10.16.02 regarding vehicle service and limited service facilities. Applicant: Chase Parkway Rentals, LLC. OPEN HEARING DEADLINE: DECEMBER 27, 2013.

On a motion of Cmsr. Mannetti, followed by a second from Cmsr. Van

Stone Jr., the Zoning Commission voted unanimously with respect to

New Business #6 to SCHEDULE A PUBLIC HEARING FOR

THURSDAY 12.19.13, TO REFER TO THE CITY PLAN

COMMISSION, TO REFER TO ALL ABUTTING TOWNS, THE

REGIONAL PLANNING AGENCIES and TO CORPORATION

COUNSEL FOR REVIEW.

7. 2013-0201 – SPECIAL PERMIT for Alcohol Sales (Grocery Beer). Location: 43

Willow Street. Applicant: Aijaz Ahmad. OPEN HEARING DEADLINE: DECEMBER 27, 2013.

On a motion of Cmsr. Van Stone, Jr., followed by a second from Cmsr.

Nogueira, the Zoning Commission voted unanimously to SCHEDULE

A PUBLIC HEARING FOR THURSDAY 11.21.13 with respect to

New Business #7.

COMMUNICATIONS:

1. Letter from Mr. Van Stone opposing the potential methadone clinic on

Meriden Road.

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On a motion of Nogueira, followed by a second from Cmsr. Van

Stone, Jr., the Zoning Commission voted unanimously to RECEIVE &

PLACE ON FILE Communication #1.

2. Letter from Council of Governments regarding the Plan of Conservation &

Development.

On a motion of Nogueira, followed by a second from Cmsr. Van Stone,

Jr., the Zoning Commission voted unanimously to RECEIVE &

PLACE ON FILE Communication #2. The Commission thanked Alderman/Commissioner Brunelli for his attendance at tonight’s meeting given his current state of health – recuperating from a previous motor vehicle accident.

ADJOURNMENT: On a motion of D’Orso, followed by a second from Cmsr. Mannetti, Jr., the

Zoning Commission voted unanimously to ADJOURN AT 10:05 PM.

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ZC-Minutes-10-23-2013