Planning & Zoning Commission

CITY OF TORRINGTON PLANNING AND ZONING COMMISSION MINUTES AUGUST 16, 2023 Present: Greg Mele, Chair Greg Perosino, Vice Chair Donovan Riley, Member Diane Carroll, Alternate Tom Telman, Alternate Also Present: Jeremy Leifert, AICP; City Planner Not Present: Jim Bobinski, Member Donna Greco, Member Starley Arias, Alternate 1. Call to Order: Chair Greg Mele called the meeting to order at 7:00 p.m. Attendance by Zoom or in-person at City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT. 2. Attendance/Announcement: Chair Mele announced present and serving in person at the City Hall Auditorium are Commissioners Greg Perosino and Greg Mele. Also in attendance is Jeremy Leifert, City Planner. Commissioners present and serving via zoom are Donovan Riley, Diane Carroll and Tom Telman. 3. Minutes for Approval: a. 7/19/23 MOTION by Mr. Perosino to approve the July 19, 2023 minutes, seconded by Mr. Riley, motion carried with Mr. Telman abstaining from voting. 4. Public Hearings beginning at 7:00 p.m., August 16, 2023 City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT a. Proposed Change of Zoning Regulation Applicant: McCall Behavioral Health Network Proposal: Revise Section 3.1,Table of Uses, Subsection 1.83 to allow a Group Care Facility with 7-12 residents by Special Exception in the Local Business Zone Chair Mele opened the public hearing at 7:01 p.m. and announced Commissioners serving this evening will be Greg Perosino, Donovan Riley, Diane Carroll, Tom Telman and Greg Mele. Also in attendance is Jeremy Leifert, City Planner.  Mr. Perosino read the legal notice of public hearing which was published in the Republican American. Martin Connor, Certified Planner with the American Institute of Certified Planners appeared representing the applicant, McCall Behavioral Health Network. Maria Coutant Skinner of McCall Behavioral Health Network was also present in the auditorium. Mr. Connor gave a presentation of the proposal to allow a group care facility with 7-12 residents by Special Exception in the Local Business Zone. Mr. Connor relayed the history of approvals in the Torrington Zoning Regulations for group care facilities. Mr. Connor read the State of Connecticut definition for group care facilities with 7 – 12 residents. He has previously met with City Planner Jeremy Leifert regarding the proposal and they reviewed Torrington’s Plan of Conservation and Development (POCD). Ms. Maria Skinner appeared before the Commission and explained the many benefits of such a facility/program, and how they strive to be good neighbors and take great pride in being part of the neighborhood. Mr. Mele inquired about the number of staff who would be on site. Ms. Skinner responded a minimum of two staff members would be on site at all times, 24 hours a day. Mr. Mele opened the hearing for public comments in favor of the proposal. There were none. Mr. Mele opened the hearing for public comments in opposition to the proposal. There were none. Mr. Leifert read his memo to the Commission dated August 16, 2023. At 7:15 p.m. Mr. Mele declared the public hearing closed. MOTION by Mr. Perosino to APPROVE Proposed Change of Zoning Regulation Applicant: McCall Behavioral Health Network Proposal: Revise Section 3.1,Table of Uses, Subsection 1.83 to allow a Group Care Facility with 7-12 residents by Special Exception in the Local Business Zone The effective date of the regulation change/amendment shall be the day after publication of the legal notice of decision in the local newspaper. Motion seconded by Ms. Carroll, unanimously carried. b. Special Exception 23-04 and Site Plan 1458 Applicant: David Walesczyk – Quality Barns and Sheds LLC Location: Winsted Road (Assessor Map 238 Block 002 Lot 006) Proposal: Display and sales of outdoor structures Chair Mele opened the public hearing at 7:16 p.m. and announced Commissioners serving this evening will be Greg Perosino, Donovan Riley, Diane Carroll, Tom Telman and Greg Mele. Also in attendance is Jeremy Leifert, City Planner. Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 2 of 9  Mr. Perosino read the legal notice of public hearing which was published in the Republican American. David Battista, Professional Engineer with Haley Ward, 140 Willow Street, Winsted, CT appeared representing the applicant, David Walesczyk, who was present in the auditorium. Mr. Battista turned in his neighbor notification receipts and verified the public hearing sign was properly posted. Mr. Battista gave a detailed presentation of the proposal, referring to site maps. He explained the business hours would be daylight hours, and there would be no electricity on site. Mr. Leifert read his memo to the Commission dated August 16, 2023. Mr. Mele noted an address number should be assigned to the site, and Mr. Leifert will follow up with the Engineering Department on this matter. Mr. Perosino inquired about parking on the site, and Mr. Battista provided details of the handicap parking, and employee/customer parking on site. The driveway will be 24 feet wide. Mr. Mele opened the hearing for public comments in favor of the proposal. There were none. Mr. Mele opened the hearing for public comments in opposition to the proposal. There were none. At 7:47 p.m. Mr. Mele declared the public hearing closed. MOTION by Mr. Perosino to APPROVE Special Exception 23-04 and Site Plan 1458 Applicant: David Walesczyk – Quality Barns and Sheds LLC Location: Winsted Road (Assessor Map 238 Block 002 Lot 006) Proposal: Display and sales of outdoor structures With the following conditions and recommendations: 1. The applicant shall not place any product for display or any parking in the 10-foot front yard setback area. The area along the front property boundary on the southern end of the property in view of the public roadway shall be a grassed area in the 10-foot front yard setback. 2. Details on the gravel entrance drive materials and construction shall be included on the final plans for filing. 3. Details on steep slope stabilization shall be included in the final plans to the satisfaction of the City Engineer. 4. The applicant shall follow comments of Nate Nardi-Cyrus, Assistant Planner outlined in his July 25, 2023 email to the City Planner, including removal of the trailer on site, modifications to signage on the property and approval of floodplain permitting. 5. The applicant shall make plan corrections based on comments and plan markups from Paul Kundzins, City Engineer outlined in his August 3, 2023 email to the City Planner 6. The applicant shall follow the recommendations of Fire Marshal Edward Bascetta in his July 18, 2023 email to the City Planner regarding lock boxes and fire suppression systems. Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 3 of 9  7. The Planning and Zoning Commission finds that the proposed use, location and site design is compatible with the neighborhood and surrounding uses and is protective of the health, safety and welfare of the citizens of the City of Torrington. 8. Zoning permits and floodplain permits are required prior to alteration or use of the site for the proposed use. 9. In accordance with section 8.4.3 and 8.4.6 of the zoning regulations, the following shall be submitted to the City Planner: a. Two paper copies of the full approved plan set including the engineer’s stamp and chairman’s signature box on the title page. b. One mylar copy of site plan sheet for filing with the City Clerk in accordance with section 8.4.3.P of the zoning regulations. The mylar sheet shall bear a chairman’s signature box, a copy of the approval letter from the commission, an engineers’ seal and live ink stamp. c. Mylar sheets shall be filed by the applicant with the City Clerk after the signature of the Chairman and prior to the approval of zoning and floodplain permits to begin construction or use of the site. MOTION seconded by Mr. Riley, unanimously carried. 5. Old Business: none 6. New Business: a. Site Plan 1462 Applicant: O&G Industries, Inc. Location: 28-34 Wall Street and 28 Plain Street Proposal: Repair damaged parking area including new drainage structure, repaving and striping of lot with the creation of additional parking and revised one way traffic flow from Wall Street to Plain Street Richard Warren appeared on behalf of the applicant, O&G Industries, Inc. and gave a presentation, referring to site maps prepared by Hrica Associates LLC. An easement has been submitted for a portion of property owned by the City of Torrington on the parking lot. A catch basin is to be installed. Approval from the Inland Wetlands Commission has been received. Per Mr. Warren, the Wall Street driveway is both entrance and exit from the parking lot. It is proposed this driveway be an entrance only, and the exit will be onto an adjoining property on Plain Street, which is owned by O&G Industries, which make a safer situation. Mr. Leifert read his memo to the Commission dated August 16, 2023. MOTION by Mr. Perosino to APPROVE Site Plan 1462 Applicant: O&G Industries, Inc. Location: 28-34 Wall Street and 28 Plain Street Proposal: Repair damaged parking area including new drainage structure, repaving and striping of lot with the creation of additional parking and revised one way traffic flow from Wall Street to Plain Street Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 4 of 9 With the following conditions and recommendations: 1. A zoning permit approval is required prior to performing work on the property associated with this approval 2. Documentation of the executed easement for the “triangle” on the eastern edge of the property shall be submitted to the City Planner prior to issuance of zoning permits 3. The applicant shall follow the requirements of Assistant City Planner Nate Nardi-Cyrus revised to an 8/11/23 email to the City Planner. Details shall be added to the final plans on the type of curbing to be installed around the planting islands, and a note added on the spotlight removal and replacement with a compliant fixture on the 28 Plain Street property. 4. The applicant shall address any remaining comments from Paul Kundzins, City Engineer in his August 4, 2023 memo to the City Planner, including ACOE requirements, prior to issuance of zoning permits 5. The final plans shall show location and design of typical “one way” and “do not enter” signage at the entrance and exit of the one-way driveway 6. In accordance with section 8.4.3 and 8.4.6 of the zoning regulations, the following shall be submitted to the City Planner: a. Two paper copies of the full approved plans with corrections and including the engineer’s stamp and chairman’s signature box b. One mylar copy of Sheet C1 of the final plans for filing with the City Clerk in accordance with section 8.4.3.P of the zoning regulations. Each mylar sheet shall bear a chairman’s signature box, a copy of the approval letter from the commission, an engineers’ seal and live ink stamp. c. Mylar sheets shall be filed by the applicant with the City Clerk after the signature of the Chairman and prior to the approval of zoning permits to begin construction. MOTION seconded by Mr. Telman, unanimously carried. b. Site Plan 1463 Applicant: KSBJ Investments LLC, Jacob Beheler Location: 1383 Torringford Street Proposal: Convert existing 297 sq. ft. structure to accessory dwelling unit Applicant Jacob Beheler appeared before the Commission via zoom and gave a presentation of their plans to convert the current structure into an accessory unit, guest house. Mr. Leifert read his memo to the Commission dated August 16, 2023. Ms. Carroll posed questions regarding easements on the property, and septic/well which were responded to by the applicant. MOTION by Mr. Perosino to APPROVE Site Plan 1463 Applicant: KSBJ Investments LLC, Jacob Beheler Location: 1383 Torringford Street Proposal: Convert existing 297 sq. ft. structure to accessory dwelling unit Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 5 of 9  With the following conditions and recommendations: 1. The applicant shall provide documentation of property merger of the subject property with adjacent property at 1367 Torringford Street to the City Planner. This approval shall not be in effect until merger is completed. 2. The commission finds that the reduced property line setbacks and undersized apartment net floor area are allowed as continuation of pre-existing legal non-conformities pre-dating zoning in the City of Torrington. 3. The applicant shall follow the requirements of the Engineering/Public Works Department regarding driveways and sight lines. Violations of regulations or standards for driveways shall also be a violation of this site plan approval. MOTION seconded by Mr. Telman, unanimously carried. c. Site Plan 1465 Applicant: T. Morgan Mattera Location: 3570 Winsted Road Proposal: Change of use to retail space (310 sq. ft.) from office space Property owner Tapshil Desai appeared representing the applicant, and explained their proposal to turn the current check in office/manager’s apartment into a retail store. Mr. Leifert read his memo to the Commission dated August 16, 2023. Ms. Carroll inquired what type products would be sold, and Mr. Desai responded prepackaged food, candy items, etc. MOTION by Mr. Perosino to APPROVE Site Plan 1465 Applicant: T. Morgan Mattera Location: 3570 Winsted Road Proposal: Change of use to retail space (310 sq. ft.) from office space With the following conditions and recommendations: 1. It is recommended that the applicant follow the advice of Assistant City Planner Nate Nardi-Cyrus in his March 13 email to the City Planner, specifically regarding future lighting and signage. 2. The applicant shall follow the comments of Edward Tousey, WPCA Administrator in his August 11, 2023 email to the City Planner regarding sewer discharge permitting. 3. The applicant shall be required to stripe and mark the handicap space on the site and place signage for the handicap space as required by law MOTION seconded by Mr. Telman, unanimously carried. d. Special Exception 23-05 Applicant: McCall Behavioral Health Network Location: 176 Migeon Avenue Proposal: Group care facility for seven residents (set public hearing date) Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 6 of 9  MOTION by Mr. Perosino to set a public hearing date of September 20, 2023, seconded by Ms. Carroll, unanimously carried. e. Modification to Site Plan 1430 Applicant: Greenstone Investments, Inc. – Lelah Campo Location: 232 Klug Hill Road Proposal: Modifications to previously approved recreational park entry, driveway, and office/registration building. Applicant Lelah Campo and Ryan McEvoy, PE, SLR Engineering, appeared via zoom. Ms. Campo explained the plans to construct a new entrance building for check-in are on hold for the time being. They plan to use an existing building for check-in purposes and construct the new building at a later time. Mr. McEvoy screen shared plans and provided explanations of the various phases of the project, the proposed new building will eventually be located in Phase V, and the existing metal building (noted on site map) will be used for check-in. Mr. McEvoy reviewed changes to the driveway. After the new building is constructed, the proposed temporary office will continue to be used as a bath house, and perhaps vehicle maintenance/storage for their rental golf carts. Mr. Leifert read his memo dated August 16, 2023. MOTION by Mr. Perosino to APPROVE Modification to Site Plan 1430 Applicant: Greenstone Investments, Inc. – Lelah Campo Location: 232 Klug Hill Road Proposal: Modifications to previously approved recreational park entry, driveway, and office/registration building with the following conditions and recommendations: (All conditions stated in the initial approval of February 15, 2023 and modification approved April 19, 2023 remain in effect except as noted below.) 1. The applicant shall address comments of Paul Kundzins, City Engineer in his August 16, 2023 comments to the City Planner regarding driveway details. These comments shall be addressed to the satisfaction of the City Engineer on the final filed plans and prior to the issuance of modified zoning or grading permits to begin construction on the revised portions of the project. 2. The applicant shall submit approval from the Torrington Area Health District for the revised plans prior to the issuance of modified zoning or grading permits to begin construction on the revised portions of the project. 3. Each phase shall be completed in its’ entirety prior to opening for operation 4. Revisions to existing zoning and grading permits are required prior to alteration or use of the site for the modified areas, with the exception of those activities previously authorized under existing zoning and grading permits outside of the modified areas 5. In accordance with section 8.4.3 and 8.4.6 of the zoning regulations, the following shall be submitted to the City Planner: Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 7 of 9  d. Two paper copies of the full approved final plan set including the engineer’s stamp and chairman’s signature box on the title page. e. One mylar copy of each site plan sheet IN, GR-1 and GR-2 and GR-3 for filing with the City Clerk in accordance with section 8.4.3.P of the zoning regulations. The mylar sheets shall bear a chairman’s signature box, a copy of the approval letter from the commission, an engineers’ seal and live ink stamp. f. Mylar sheets shall be filed by the applicant with the City Clerk after the signature of the Chairman and prior to the approval of modified zoning or grading permits to begin construction or site work. MOTION seconded by Ms. Carroll, unanimously carried. ************. Mr. Mele announced the November 15, 2023 Planning and Zoning Commission meeting has been canceled. A Special Planning and Zoning Commission Meeting has been scheduled for 7:00 p.m. on November 29, 2023. f. Site Plan 1461 Applicant: James Mogob Location: 446 Allison Drive Proposal: Accessory dwelling unit in single family house Chair Greg Mele recused himself from this agenda item and left the meeting room. Vice Chair Greg Perosino stepped in as temporary Chair. Applicant James Mogob appeared before the Commission and explained an in-law addition was constructed without the necessary permits, as the Zoning Office was unaware it was an additional living unit. He is now here to apply for the correct permits. Mr. Leifert read his memo to the Commission dated August 16, 2023. MOTION by Mr. Perosino to APPROVE Site Plan 1461 Applicant: James Mogob Location: 446 Allison Drive Proposal: Accessory dwelling unit in single family house With the following conditions and recommendations: 1. The owners shall follow up with Nate Nardi-Cyrus, Assistant City Planner for final closure of the existing enforcement case on the property 2. The applicant shall obtain all necessary sanitary sewer discharge permits in accordance with submitted WPCA Administrator comments MOTION seconded by Ms. Carroll, motion carried (with Commissioner Greg Mele abstaining from voting). Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 8 of 9 *********. Mr. Leifert reviewed training opportunities available for Commissioners, and reviewed the hourly requirements necessary for Commissioners. 7. Correspondence: a. Zoning and Blight Violation update Mr. Perosino and Mr. Leifert reviewed the violation updates on: 53 McDermott Avenue 1050 East Main Street 93 Main Street, Yankee Pedlar 8. Adjournment: MOTION by Ms. Carroll to adjourn at 8:54 p.m., seconded by Mr. Riley, motion carried. Torrington Planning and Zoning Commission Minutes – August 16, 2023 Page 9 of 9