Planning & Zoning Commission

CITY OF TORRINGTON PLANNING AND ZONING COMMISSION MEETING MINUTES June 26, 2024 Present: Greg Mele, Chair Greg Perosino, Vice Chair (Remote) Donovan Riley, Member James Bobinski, Member Donna Greco, Member Diane Carroll, Alternate (Remote) Tom Telman, Alternate (Remote) Starley Arias, Alternate (7:10, Remote) Also Present: Jeremy Leifert, AICP; City Planner Not Present: Starley Arias, Alternate 1. Call to Order: Chair Greg Mele called the meeting to order at 7:01 p.m. Attendance is by Zoom or in-person at City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT. 2. Attendance/Announcement: Chair Mele opened the meeting at 7:00pm and announced present and serving this evening in person are Commissioners James Bobinski, Donovan Riley, Donna Greco, Diane Carroll and Greg Mele. Present and serving via zoom is Commissioner Tom Telman. Also present in the auditorium is City Planner Jeremy Leifert. 3. Minutes for Approval: a. March 20, 2024 MOTION by Commissioner Perosino to APPROVE the minutes of March 20, 2024. Motion seconded by Commissioner Telman. Motion passed 3-0, abstentions by Commissioner Greco and Commissioner Bobinski. b. May 15, 2024 MOTION by Commissioner Perosino to APPROVE the minutes of May 15, 2024. Motion seconded by Commissioner Greco. Motion passed unanimously. Torrington Planning and Zoning Commission Meeting Minutes – June 26, 2024 Page 1 of 7  c. June 12, 2024 Mr. Leifert noted that the June 12 minutes have not been completed yet. MOTION by Commissioner Perosino to TABLE the minutes of June 12, 2024 to the next meeting. Motion seconded by Commissioner Telman. Motion passed unanimously. 4. Public Hearing beginning at 7:00 p.m., June 26, 2024, City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT a. Proposed Zoning Regulation Amendment Applicant: City of Torrington, Planning and Zoning Commission Proposal: Amend Sections 2.0 (Definitions), Section 3.1 (Table of Uses) and add new Section 6.5.4 (Temporary Shelter Facilities), Temporary and Permanent Shelters for the Unhoused Chair Mele opened the public hearing at 7:02 and announced present and serving this evening in person are Commissioners James Bobinski, Donovan Riley, Donna Greco and Greg Mele. Present and serving via zoom are Commissioners Greg Perosino, Diane Carroll and Tom Telman. Also present is City Planner Jeremy Leifert. Commissioner Greco read the legal notice into the record. City Planner Leifert noted that the required referrals to the NHCOG, surrounding towns and our own City Planner have been completed and made part of the file record. Commission Starley Arias joined the meeting remotely at 7:10pm. Chair Mele noted the police reports from the past year on the Trinity Church shelter made part of the record. 221 calls for service were entered along with 65 full incident reports. Commissioner Bobinski began discussion on the number of occupants per square footage, with specific concerns on occupancy density of homes. Commissioner Perosino suggested a definition of gross floor area to be added. Commissioner Riley asked about the staffing requirements Mr. Leifert explained that he took that minimum staffing number from the American Red Cross shelter staffing standards. Mr. Leifert read the three new and modified proposed definitions into the records including group day care homes, school and shelter, temporary/transient. Commission discussion ensued. Torrington Planning and Zoning Commission Meeting Minutes – June 26, 2024 Page 2 of 7  Mr. Leifert read in the proposed standard for temporary shelter facilities to be adopted under section 6.5.4. Commission discussion ensued. Commission consensus is to adopt the Hartford definition for defined “sleeping area” space for occupants per square footage. Mr. Leifert noted that the issues that we have has is that the regulations are not clear on temporary shelters. Our zoning regulations, and all municipal zoning regulations in general are considered permissive, in that if a use is not listed in the zoning regulations, then it is considered not allowed by zoning. This proposed amendment will clarify allowances for temporary and permanent shelters for the unhoused. Commissioner Arias suggested that the numbers of staff member be clarified. Discussion ensued. The commission agreed that the requirement for a floor/bed layout be added to proposed section 6.5.4. Chairman Mele opened comments from the public: John Noelke, 25 Main Street made comments in opposition the adoption of the regulation. He stated that he has not experienced any issues with the homeless population, and the regulation seems overly complex. He suggests more communication with downtown businesses. Julie Scharnberg of the Northwest CT Community Foundation stated that she is neither for or against the proposal because she has not had time to review it. She would like more time to review it for the benefit of the cold weather planning committee. She also had questions on the parking requirements. She also had questions on the special exception requirements, and the separation distances of 500 feet. Deirdre DiCara, Executive Director of FISH also does not know whether to be for or against the regulation, and is trying to learn the impact of the amendment. She explained the procedure and setup of their shelter. Gerald Incandella, 34 Center Street, spoke in favor of the amendment. He is in favor of not allowing further shelter development in downtown, because he is concerned with the beautification of downtown. Lisa Candles introduced herself as an employee of EdAdvance and spoke against the adoption of the regulation. She asked the commission of they know how many families were served by the overflow shelter this year. She highlighted the issues of homeless children, and indicated the opinion that there were no previous issues with the shelters. She took issue with notice of the hearing and that people are on vacation and could not attend. Torrington Planning and Zoning Commission Meeting Minutes – June 26, 2024 Page 3 of 7  Mr. Leifert responded to a few of the comments. He stated that the commission has had this topic on their agenda for discussion in every Planning and Zoning meeting since January, and asked the people of the audience to always keep a lookout form the planning and zoning agendas or call the office with questions. Ms. Candles approached again to reintroduce her opposition on regulating churches as shelters. Mr. Leifert suggested Ms. Candles review what was placed in the record for the December hearings for Trinity Church and previous hearings and that the case law is clear on zoning regulation of shelter use in churches. Chairman Mele read a few of the police calls into the record. Mr. Leifert noted that 65 police reports are in the list from January 1 to the end of the season, and none of those are medical issues. Commission Perosino suggested that the reports are posted on the City website for the public to review. He addressed the issue of family shelters vs other shelter occupants. Mr. Leifert stated that with the low-barrier shelter state regulation with the 211 system, the City has no control over the shelter occupants. Dierdre DiCara spoke again and shared a few stories of her shelter occupants, and the need for overflow shelters, to ask the commission for consideration. Mr. Leifert answered questions on both the reasoning and research for the separation distances and parking requirements. Commissioner Riley made comments that he doesn’t feel that the regulation is overly burdensome, and that it is important for the commission to have a reasonable framework with which to take and review shelter applications. Mr. Leifert added that the commission and staff know that the exclusion of the Downtown District would not be a popular decision, but the Commission needs to look at the big picture of public health, safety and welfare which includes consideration of the pattern and type of police calls. The commission has tried to balance those concerns by opening up many other areas of the City for special exception applications. At 8:01pm, Chairman Mele declared the public hearing closed. MOTION by Commissioner Greco to APPROVE, as read into the record: Proposed Zoning Regulation Amendment Applicant: City of Torrington, Planning and Zoning Commission Proposal: Amend Sections 2.0 (Definitions), Section 3.1 (Table of Uses) and add new Section 6.5.4 (Temporary Shelter Facilities), Temporary and Permanent Shelters for the Unhoused Motion seconded by Commissioner Perosino. Motion passed unanimously. Torrington Planning and Zoning Commission Meeting Minutes – June 26, 2024 Page 4 of 7  Public Hearing beginning at 7:00 p.m., July 17, 2024, City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT a. 104 Grove Street, Assessor’s Map 118 Block 017 Lot 015 Applicant: Anthony DeRosa Proposal: Special Exception #24-04 and Site Plan Application #1509; Waive minimum parking requirements and change use of the property from office use to assembly/church use It was noted by Chairman Mele that this application is to be opened at the next meeting on July 17, 2024. b. 856 Main Street, Assessor’s Map 120 Block 006 Lot 011 Applicant: Doreen Gagnon Proposal: Special Exception #24-05 and Site Plan Application #1511; Convert first floor from office to a residential unit; covert home to two-family dwelling in an LB zone It was noted by Chairman Mele that this application is to be opened at the next meeting on July 17, 2024. c. Proposed Zoning Regulation Amendment Applicant: City of Torrington, Planning and Zoning Commission Proposal: Amendments to Landscaping Regulations – Section 5.11.1 (Purpose and Intent), Section 5.11.2 (General Requirements), Section 5.11.5 (Specific Requirements) and Section 5.11.6 (Enforcement) It was noted by Chairman Mele that this application is to be opened at the next meeting on July 17, 2024. 5. Old Business: a. 2177 Winsted Road, Assessor’s Map 238 Block 002 Lot 001 Applicant: Ned Dobrova, NJY Auto LLC Proposal: Site Plan Application #1504; Modification to previous site plan approval #1341 for auto dealer and repairer use and associated site improvements Ned Dobrova of NJY Auto, LLC, property owner, appeared and spoke on behalf of the application. Mr. Leifert shared his proposed drawing on the zoom screen. Mr. Dobrova went over his proposed changes to the parking and entrances. Torrington Planning and Zoning Commission Meeting Minutes – June 26, 2024 Page 5 of 7  Mr. Leifert read his memo into the record, noting that this application and modified plan is being submitted to resolve enforcement issues. MOTION by Comissioner Greco to APPROVE: 2177 Winsted Road, Assessor’s Map 238 Block 002 Lot 001 Applicant: Ned Dobrova, NJY Auto LLC Proposal: Site Plan Application #1504; Modification to previous site plan approval #1341 for auto dealer and repairer use and associated site improvements With the following conditions: 1. This site plan approval shall expire two (2) years from the date of approval 2. The applicant shall follow the phasing deadline dates as shown on submitted plans of July 31, 2024, October 15, 2024 and September 1, 2025 to comply with enforcement history on the property 3. Handicap parking spaces shall be paved, marked and posted with signs as part of Phase I of the project 4. Bond estimates for soil and erosion control and site restoration shall be submitted within 30 days of this approval in an amount acceptable to the City Engineer. 5. Bonds shall be submitted within 30 days notification of approval of the amount of the bond by the City Engineer and form of the bond by the City’s Corporation Counsel 6. Updated zoning and grading permits are required prior to alteration or use of the site for the proposed use. 7. 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 final plan set including the engineer’s stamp and chairman’s signature box b. One mylar copy of the site plan sheet 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. 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 or grading permits to begin construction or site work. Motion seconded by Commissioner Perosino. Motion passed unanimously. 6. New Business: MOTION by Commissioner Perosino to add the following item to the agenda and schedule a public hearing on the application for July 17, 20204: Torrington Planning and Zoning Commission Meeting Minutes – June 26, 2024 Page 6 of 7  a. 263 Migeon Avenue, Assessor’s Map 109 Block 016 Lot 010 Applicant: Martin J. Connor, AICP on behalf of McCall Foundation Inc. Proposal: Special Exception #24-06 and Site Plan Application #1516; Change of Use from Rooming House to Office Use and Wellness Center in and R6 Residential Zone Motion seconded by Commissioner Telman. Motion passed unanimously. MOTION by Commissioner Carroll to add the following item to the agenda and schedule a public hearing on the application for July 17, 20204: b. 230 Old Winsted Road, Assessor’s Map 237 Block 003 Lot 006 Applicant: Northledge Holdings LLC Proposal: Special Exception #24-07 and Site Plan Application #1517; Two-year earth excavation application and site plan review for future construction of two 7,500 square foot warehousing/storage buildings Motion seconded by Commissioner Perosino. Motion passed unanimously. 7. Correspondence: a. Zoning and Blight Violation update Chairman Mele noted that the enforcement report is in the packet. Mr. Leifert noted that Assistant Planner/ZEO Nate Nardi-Cyrus will be at the July 17 meeting for a longer discussion on enforcement if everyone reviews the enforcement report and has any questions. 8. Adjournment: MOTION by Commissioner Telman to Adjourn the Meeting at 8:22. Seconded by Commissioner Carroll. Motion Passed Unanimously. 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