Planning Commission

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 PLANNING COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) MINUTES JANUARY 7, 2021 The web based special meeting hosted on Zoom was called to order by Chairman Finaldi at 7:30 PM. Present were Robert Chiocchio, Helen Hoffstaetter, Perry Salvagne, Joel Urice and Arnold Finaldi Jr. Also present were Planning Director Sharon Calitro and Deputy Planning Director Jennifer Emminger. Absent were Alternates Kevin Haas and Gary Renz. Chairman Finaldi said since they had two sets of minutes to accept, they should do them separately. Mrs. Hoffstaetter made a motion to accept the December 2, 2020 minutes. Mr. Urice seconded the motion and it was passed unanimously by roll call vote with five ayes (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). Mr. Salvagne made a motion to accept the December 16, 2020 minutes. Mrs. Hoffstaetter seconded the motion and it was passed unanimously by roll call vote with five AYES (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). OTHER MATTERS: Annual Election of Chairman and Vice-Chairman. Chairman Finaldi asked for nominations for the office of Chairman. Mr. Urice made a motion to nominate Arnold Finaldi for Chairman. Mr. Chiocchio seconded the motion. Since there were no other nominations for Chairman, a roll call vote was taken and Arnold Finaldi was unanimously re-elected Chairman with five ayes (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). Chairman Finaldi asked for nominations for the office of Vice-Chairman. Mr. Salvagne made a motion to nominate Joel Urice for Vice-Chairman. Mrs. Hoffstaetter seconded the motion. Since there were no other nominations for Vice-Chairman, a roll call vote was taken and Joel Urice was unanimously re-elected Vice-Chairman with five ayes (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). Planning Commission Minutes January 7, 2021 Virtual Meeting hosted on Zoom Page 2 Mrs. Hoffstaetter thanked both Chairman Finaldi and Vice-Chairman Urice for their leadership and guidance. PUBLIC HEARINGS: JAR Associates, LLC/D&B Wellness, LLC – Application for Special Exception/Revised Site Plan approval for medical marijuana dispensing facility in the CA-80 zone – 105 Mill Plain Road (C14063) – SE 779. Chairman Finaldi read a letter from Attorney Marcus requesting this be continued to the January 20, 2021 meeting and granting a thirty-day extension to continue the public hearing. Mrs. Hoffstaetter made a motion to continue this public hearing. Mr. Urice seconded the motion and it was passed unanimously by roll call vote with five ayes (from (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). OLD BUSINESS FOR DISCUSSION AND POSSIBLE ACTION: Danbury Mall, LLC – Application for Revised Special Exception/Revised Site Plan Approval to amend previous approval for Trip Generation over 500 Vehicle Trips Per Day and add Fast Food Restaurant with Drive Thru Use to previously approved Restaurant (Shake Shack) in the CG-20 Zone – 7 Backus Ave. (F17002, F16014, F16015, F17014, & F17015) – SE 771. Chairman Finaldi said the Commission members should have received a draft resolution by e-mail. Mrs. Emminger said one of the Commission's concerns was that the FAA (Federal Aviation Administration) approval be received and it was the day after the hearing was closed. She said the Shake Shack becomes a special exception because of the drive- thru so we will issue a revised grant of special exception. She said the resolution also contains the same condition that the first approval did, which was that the City Traffic Engineer has final approval on all of the traffic signals. She said this also requires approval of a revised floodplain permit which is on tonight's agenda. Mrs. Hoffstaetter made a motion to approve these applications per the draft resolution. Mr. Chiocchio seconded the motion and it was passed unanimously by roll call vote with five ayes (Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice, and Chairman Finaldi). Danbury Mall LLC – Application for Floodplain Permit for 7 Backus Avenue (F17002, F16014, F16015, F17014, & F17015) – SE #771. Planning Commission Minutes January 7, 2021 Virtual Meeting hosted on Zoom Page 3 Mrs. Emminger explained that the base flood elevation for this area is 454.4 ft. The site plan shows that both buildings are located in Zone X, which is outside the regulated flood zone. The proposed grading under this site plan revision will result in approximately 197 cubic yards of additional floodplain storage. The Planning Department acknowledges that the finished floor elevation for Restaurant 1 is 455.5 and Restaurant 2 is 457.25, which are both above the base flood elevation of 454.4 ft. Mrs. Emminger noted that this document contains the standard language requiring the submission of an elevation certificate, the engineer's certification that construction was done in accordance with the approved plans, and any changes will require approval of a revised floodplain permit. Mr. Urice made a motion to approve the floodplain permit as presented. Mr. Chiocchio seconded the motion and it was passed unanimously by roll call vote with five ayes (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice, and Chairman Finaldi). DXR Corp./Waterworks – Application for Floodplain Permit for 60 Backus Avenue (49 Miry Brook Road (E18015) – SP # 97-22. Mrs. Emminger said most of this site is located within the floodplain and this site has floodplain permits dating back to the 1980's. In December 2020, a revised site plan was approved for minor revisions to the existing development on this site. Part of the site work included in this approval was the construction of a ramp which results in approximately 657 cu.yds. of fill within the floodplain. Approximately 762 cu.yds. of material will be removed from the site which will result in approximately 105 cu.yds. of additional storage volume within the regulated floodplain. Mrs. Emminger noted that this also contained the standard language which was referenced during the discussion of the previous approval. Mr. Salvagne made a motion to approve the floodplain permit as presented. Mr. Chiocchio seconded the motion and it was passed unanimously by roll call vote with five ayes (Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). CORRESPONDENCE: Letter from Pondview Development LLC - Request for one year extension on Subdivision Approval and Permit to Construct Roadways - SUB 14-01, Pondview Estates, 97 King Street. Mrs. Emminger said the Commission had granted a one year extension last year to allow the time to finish the paving. She added that the Letter of Credit (LOC) is valid through April 2022. This extension will allow him until March 2022 to finish and apply to the City Council to get the road accepted. Lastly she said the Department has no objection to this extension. Mr. Urice made a motion to approve both the one year extension of the Subdivision Approval and the Permit to Construct Roadways. Mrs. Hoffstaetter seconded the motion and it was passed unanimously by roll call vote with five ayes (Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, Mr. Urice and Chairman Finaldi). Planning Commission Minutes January 7, 2021 Virtual Meeting hosted on Zoom Page 4 Chairman Finaldi thanked the Commission for re-electing him as Chairman. He said that listed under For Reference Only were the public hearing scheduled for January 20, 2021 and one floodplain permit. At 8:05 PM, Mr. Chiocchio made a motion to adjourn. Mr. Salvagne seconded the motion and it was passed unanimously by roll call with five ayes (from Mr. Chiocchio, Mrs. Hoffstaetter. Mr. Salvagne, Mr. Urice, and Chairman Finaldi). Respectfully submitted, JoAnne V. Read Planning Assistant