Zoning Commission

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 ZONING COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) MINUTES NOVEMBER 24, 2020 The web based meeting (hosted on Zoom) was called to order by Chairman Theodore Haddad Jr. at 7:30 PM. Present were Candace Fay, Chairman Theodore Haddad Jr., Ryan Hawley, Angela Hylenski, Rick P. Jowdy, Michael Masi, Robert Melillo, and Alternates Michael Henry and Nelson Merchan Jr. Also present was Planning Director Sharon Calitro. Absent were Sidney Almeida, James Kelly, and Alternate Thomas Nejame. Chairman Haddad asked Mr. Henry take Mr. Mr. Kelly's place and Mr. Merchan to take Mr. Almeida's place for the items on tonight's agenda. Chairman Haddad said the next regular virtual meeting is scheduled for December 8, 2020. He then said this meeting is being broadcast live on the Planning & Zoning YouTube channel and instructions on how to participate in this meeting are listed on the agenda. He added that the legal notice and agenda were both posted on the Town Clerk and Zoning Commission pages of the City website. Lastly he said that all votes taken at this meeting would be by roll call. Mr. Melillo then made a motion to accept the October 27, 2020 minutes. Mrs. Hylenski seconded the motion and it was passed unanimously by roll call vote with ayes from Mrs. Fay, Mr. Hawley, Mrs. Hylenski, Mr. Jowdy, Mr. Masi, Mr. Melillo, Mr. Henry, Mr. Merchan, and Chairman Haddad. PUBLIC HEARING: Petition of the City of Danbury by Sharon B. Calitro, Planning Director to Amend Sections 2.B. & 6.A.5.d. of the Zoning Regulations. (Amend definition of “Continuing care facility” and delete independent units in said facilities in the IL-40 zone) Chairman Haddad read the legal notice, the Planning Commission recommendation (which was positive), and the response from WestCOG. Planning Director Sharon Calitro spoke in favor of this petition. She said the purpose of this petition is to delete the reference to independent living units in continuing care facilities in the IL-40 Zone. This requires amending the definition of continuing care facilities in Sec. 2.B. and deleting the units and any associated references in Sec. 6.A.5.d. She added that the reason for this amendment is to make it clear that residential dwelling units are not permitted in industrial zones. Neither congregate housing or a nursing home, (which are both required components of a continuing Zoning Commission Minutes November 24, 2020 Virtual Meeting hosted on Zoom Page 2 care facility) are considered dwelling units for the purpose of zoning. The existing definition of continuing care facility does provide that the facility may also include dwelling units for independent living. By adding the words “except in the IL-40 zone” it will make it clear that dwelling units for independent living are not permitted in the industrial zone. These amendments will eliminate any confusion about this issue. She said residential dwelling units are not permitted in the industrial zones because they do not belong there. She continued saying that there is only one continuing care facility that will be affected by this amendment. It is located on Wooster Heights and was recently built after the use was added to the IL-40 Zone in 2016. Once this amendment is approved, the independent unit component of that facility would be considered non-conforming although all other aspects of that facility and uses remain conforming. Since the number of independent units at that facility are basically at the maximum permitted, there will be no significant impact on that facility if the independent unit component is deleted as proposed. Lastly she said the amendment is consistent with the Plan of Conservation & Development (POCD) recommendation to eliminate uses that are in conflict with the purpose and intent of the district and it protects the City from potential misinterpretation that residential dwelling units are allowed in industrial zones. It does not impact the ability to construct a continuing care facility in the IL-40 zone nor does it negatively impact the health, safety and welfare of the general public. There were no questions from the Commission. Chairman Haddad asked if there was anyone to speak in opposition to this petition and there was no one. Mr. Jowdy made a motion to close the public hearing. Mr. Masi seconded the motion and it was passed unanimously by roll call vote with ayes from Mrs. Fay, Mr. Hawley, Mrs. Hylenski, Mr. Jowdy, Mr. Masi, Mr. Melillo, Mr. Henry, Mr. Merchan, and Chairman Haddad. Mr. Melillo then made a motion to move this item to number one under the Old Business on tonight's agenda. Mr. Masi seconded the motion and it was passed unanimously by roll call vote with ayes from Mrs. Fay, Mr. Hawley, Mrs. Hylenski, Mr. Jowdy, Mr. Masi, Mr. Melillo, Mr. Henry, Mr. Merchan, and Chairman Haddad. OLD BUSINESS: Petition of the City of Danbury by Sharon B. Calitro, Planning Director to Amend Sections 2.B. & 6.A.5.d. of the Zoning Regulations. (Amend definition of “Continuing care facility” and delete independent units in said facilities in the IL-40 zone) Mr. Melillo made a motion to approve this petition for the following reasons: This is consistent with the Plan of Conservation & Development (POCD), it will eliminate a use that is in conflict with the purpose and intent of the district, it will protect the City from potential misinterpretation that residential dwelling units are allowed in industrial zones, and it does not negatively impact the health, safety and welfare of the general public. Mr. Jowdy seconded the motion. Mr. Melillo offered the addition comment that there has been no questioning of this language, but this will protect and provide further clarification of the previous amendment. Chairman Haddad took a roll call vote and this motion was passed unanimously by roll call vote with ayes from Mrs. Fay, Mr. Hawley, Mrs. Hylenski, Mr. Jowdy, Mr. Masi, Mr. Melillo, Mr. Henry, Mr. Merchan, and Chairman Haddad. Zoning Commission Minutes November 24, 2020 Virtual Meeting hosted on Zoom Page 3 NEW BUSINESS: Petition of BRT Sconset LLC to Amend Section 4.A.6. of the Zoning Regulations. (Add Cluster Active Adult Development to the RA-20 & RA-40 Zones.) Public hearing scheduled for February 23, 2021. THIS DATE IS SUBJECT TO CHANGE DEPENDING ON CIRCUMSTANCES RELATED TO COVID-19. Mrs. Calitro said this petition is similar to the previous one but definitely is a different petition. She then said we are using the full 65 days to set the public hearing plus 15 days from the 90 day Executive Order pool. Mr. Melillo made a motion to accept this petition, refer it to the Planning Commission for a recommendation, put on file in the Town Clerk's office, and forward to any other agencies as may be required. Mrs. Hylenski seconded the motion and it was passed unanimously by roll call vote with ayes from Mrs. Fay, Mr. Hawley, Mrs. Hylenski, Mr. Jowdy, Mr. Masi, Mr. Melillo, Mr. Henry, Mr. Merchan, and Chairman Haddad. Chairman Haddad asked if there was anything to discuss under Other Matters and Mr. Hawley said that none of the 2016 meeting minutes were posted on the City website. Chairman Haddad told the secretary to take care of this. He said listed under Correspondence is the regular meeting schedule for 2021. He also stated that since there was no business for the December 9, 2020 meeting, it would be cancelled. He asked the secretary to publish notice of the meeting cancellation. At 8:05 PM, Mrs. Hylenski made a motion to adjourn. Mr. Masi seconded the motion and it was passed unanimously by voice vote. Respectfully submitted, JoAnne V. Read Planning Assistant