APPROVED MINUTES
BROOKFIELD ZONING COMMISSION
Thursday, August 26, 2010 – 7:00 p.m.
MEETING ROOM #133 – TOWN HALL, 100 POCONO ROAD
1.
Convene
Meeting
Present: Chairman S. Parker, F. Weisman, W. Mercer, Secretary C. Lynch, Alternate and Voting Member R. Amorossi, Alternate M. Grimes (left the meeting at 8:00 p.m.)
Absent: Vice Chairman R. Blessey, Alternate F. Lollie
Also Present: Zoning Enforcement Officer W. Schappert
Item 1.a., Review
Minutes of Previous Meetings: 8/12/10
– Commissioner Amorossi noted the following correction: On Page 1, Item 1.a., that the motion
carried, 3-0-2, and delete that Commissioner Lollie abstained, as he did not
vote. Additionally, on Page 5, Item
6.b., 11 Red Barn Lane, in the second paragraph, 14th line, to
change the sentence, “There was discussion regarding allowing the applicant to
notify the neighbors, and then certifying that he/she has done so.”, to,
“Commissioner Mercer suggested allowing the applicant to notify the neighbors,
and then certifying that he/she has done so.” Commissioner Weisman moved to
approve the Minutes of the August 12, 2010 meeting with the two aforementioned
corrections. Commissioner Grimes
seconded the motion, and it carried unanimously.
2. Land
Use Enforcement
a. Enforcement Officer’s Report:
ZEO Schappert advised the Commission that Ms. Alice Dew will be taking over as the full-time ZEO, commencing at the next meeting.
14 Knollcrest Dr. – ZEO Schappert explained that this complaint relates to calls from several neighbors regarding “junk” in two unregistered vehicles. The Cease and Desist was sent, and receipt was received back yesterday. Photographs were taken and will be reviewed.
9 Stoney Farm Lane – Complaints from neighbors continue to occur; related to the appearance of commercial activity on property. Additionally, the property owner, Mr. Moss, has not begun the relocation of shed yet. He has a building permit to do so, and six months to complete the work. There are also vehicles on the site that, per the regulations, are commercial vehicles, but Mr. Moss alleges they are his own personal vehicles. Upon inquiry by Commissioner Grimes, ZEO Schappert advised that Mr. Moss is no longer represented by Attorney Marcus. The property owner has ten days to schedule hearing before the Zoning Commission, or the enforcement will go to a citation. The neighbors continue to file complaints.
16 Elbow Hill Rd. – The debris, except for a small pile of blacktop, has been removed. The blacktop should be taken by a neighbor in a week.
Secretary Lynch inquired regarding the status of 48 Old Middle Road. ZEO Schappert stated he visited the site and found the material to be from internal construction. There is an old lawn mower and material under a blue tarp. Secretary Lynch stated that these items have appeared to be present for a long time, and alleged it is debris and not construction material. ZEO Schappert indicated that he sent another letter today requesting that the property owner complete the work. He will ask new ZEO Dew to provide an update at the next meeting.
Town Counsel Action
ZEO Schappert has indicated he has requested information from the Town Attorney regarding the items referred to his office. Chairman Parker advised that he spoke with Attorney Marcus, and he is “working on it”.
1 Woodcreek Rd. – This property is now owned by the
bank. It is not clear where or to whom
correspondence should be sent. Commissioner Grimes moved to request a
report from Town Counsel on all zoning actions.
Commissioner Amorossi seconded the motion, and it carried unanimously.
1 High Ridge Rd. – ZEO Schappert referenced a letter from
the property owner, and then reviewed a draft of his reply, which included
documentation of the violations at the site.
With regard to the complaints against the neighbor, Mr. Harrison; that property owner has applied
for and was granted a shed permit.
Additionally, ZEO Schappert investigated the complaint regarding the
recreational vehicle last year, and found no violation; and determined that the
garage is pre-existing and non-conforming.
ZEO Schappert also noted that upon inspection, he found the light to be
present on Mr. Zakey’s property and pointing directly at the neighbor’s
property. The allegations contained in
the Citation will be reinstated. ZEO
Schappert indicated he would send the draft of his letter to Mr. Zakey unless
there were objections from the Commission.
782 Federal Rd. – ZEO Schappert read his memo dated 8/22/10
related to this matter. It reviewed the
history and recent timeline of activity related to this application. The memo included a summary of ZEO
Schappert’s opinion and evidence related to an approval he felt was “flawed”
and did not approve a use for the site.
It concludes with a request for the Commission to rescind the
approval. Commissioner Amorossi
indicated that he felt ZEO Schappert “shaded some of the facts”, noting his
understanding of the Fire Department’s decision as being related to the
difficulty of getting to the back of building.
ZEO Schappert referenced the Fire Department’s letter. Secretary Lynch stated he believed that ZEO
Schappert “overstepped” his authority, that his memo shows a “personal vendetta
against Baptista family” and that he attempted “to steer the Board”. ZEO Schappert vehemently objected to these
comments, and requested that they be withdrawn.
He stated that he was “concerned with the appearance of the Commission
that they do their job and look at the regulations.” Commissioner Grimes stated he felt Secretary
Lynch’s comment was “way over the top”, and he believes that each member of the
Commission evaluates applications by the regulations. He noted that ZEO Schappert’s memo is
advisory, and had he not provide his opinion, “he wouldn’t be doing his
job.” Commissioner Mercer stated that
he felt that Secretary Lynch’s accusation is “without support”. Secretary Lynch indicated that perhaps he
should have only questioned ZEO Schappert’s motivation behind his memo, as the
decision on the application was already made.
Commissioner Mercer stated that he felt the memo was only “an evaluation
of the regulations” and was without personal animosity for the applicant. He indicated that he felt that ZEO Schappert
had the right to issue the memo “without being attacked”. Commissioner Weisman had no comment.
Howard Lasser, 116 Tower Rd., Ex Officio
member and representative of the Board of Selectmen, was present. He
stated that his concern is that the ZEO has put forth a case that the
Commission’s decision “would not pass judicial muster”. He suggested that those who were in support
of the decision should put together a record that substantiates the
Commission’s decision.
Commissioner Weisman thanked ZEO Schappert for “his many years of
diligent service with great compassion and much confidence”. The Chairman also extended his thanks to ZEO
Schappert, noting he would still be present in an advisory capacity for the
Town.
Commissioner Grimes would like to review ZEO Schappert’s memo, and
possibly refer it to Town Counsel given Selectmen Lasser’s comments. This matter will be discussed again at the
next meeting.
3.
Review Correspondence & Project Status Reports
a. Minutes of Other Boards & Commissions: Inland Wetlands Commission 8/9/10, 8/23/10; Planning Commission 8/5/10,
8/19/10
b. Iroquois Report: August 2010 Issue
c. E-mail from Ryan Dell
to Bill Schappert dated 8/12/10 Re: Goddard
School Parking Lot Addition – Zoning Application
d. Letter from Peter A. Scalzo to
Attorney Peter S. Olson dated 8/18/10 Re:
782 Federal Road
e. Letter from David A.
Sawicki (State Traffic Commission) to Zoning Commission dated 8/19/10 Re: Barnbeck Place
No discussion/no motions.
5. Old
Business :
Item 5.a. 763 Federal Road #201000616:
Site Plan Modification (dec
date 9/25/10)
1. Memo
from Christopher Van Zanten, P.E. (Howland & Assoc.) to Zoning Commission
dated 8/17/10 Re: Site
Plan, The Community’s Bank, 763 Federal Rd
2.
Letter from Christopher Van Zanten to
Stanley Parker dated 8/16/10 Re: Site
Plan, The Community’s Bank, 763
Federal Rd.
3. Map titled “Illumination Plan” prepared
by Arthur Howland & Assoc. dated 7/13/10 revised 8/16/10
– sheet IL.1
4. Map cover sheet titled “Site Development
Plan” prepared by Arthur Howland & Assoc. dated 7/1/10
revised 8/16/10 – sheet SD.1
·
“Landscaping
Plan” dated 7/1/10 revised 8/16/10 – sheet LA.1
·
“Vehicle
Turning Template Diagrams” dated 7/1/10 revised 8/16/10 – sheet TT.1
·
“Proposed
Sedimentation & Erosion Control Plan” dated 7/1/10 – sheet SES.1
·
“Standard
Detail” dated 7/1/10 – sheet D.1
“Standard Detail” dated 7/1/10 revised
8/16/10 – sheet D.2
C. Van Zanten, Registered Architect, was
present. He reviewed his memo that discusses changes
to the plans. Secretary Lynch inquired
regarding the change in siding material.
Chairman Parker explained that the original approval was for Hardy Plank
material. When the building was
constructed, it was noted that the contractor ignored this specification, and
installed vinyl siding. Chairman Parker
and Secretary Lynch indicated they found this material (vinyl) to be
satisfactory in appearance. Commissioner
Amorossi moved to approve the application for 763 Federal Rd., Site Plan
Modification, #201000616, and to issue a waiver allowing for the vinyl that
exists on the building with the approval of the Zoning Commission. ZEO Schappert noted that the State Department
of Transportation has the final say on the entrance way and sidewalks, as they
both sit on State property. The Chairman
advised the applicant that if the State turns down the proposal, the applicant
will have to return to the Commission.
Secretary Lynch seconded the motion.
Commissioner Weisman asked for the motion to be repeated, and the
Chairman read it back. Secretary Lynch
stated that he did not believe that the additional handicapped parking space
was not necessary. He indicated that he
believed it took away from the building, and the building is already compliant
with the requirements of the Americans with Disabilities Act. Chairman Parker disagreed. Secretary Lynch stated that more parking is
better for the district and reiterated that it meets the federal
regulations.
Commissioner Amorossi moved to
amend the original motion to allow the required one handicapped parking space
as indicated on the previous plans.
Secretary Lynch seconded the motion.
Motion carried 4-1, with Chairman Parker opposing.
The vote on the above motion to
approve with the waiver for vinyl carried unanimously, 5-0.
The applicant was requested to provide revised plans showing the one
handicapped parking space.
Item 5.b., Proposed Regulation Amendment: Add
a new subsection to 242-501, Commercial and Industrial Districts - Please leave this item on the agenda for
the next meeting and supply the Commission members with a copy of the draft for
their review.
Item 5. c.,Proposed Regulation
Change – Section 242-404D – Incentive Housing (PH scheduled for 9/16/10)
1. Draft
dated 8/18/10 – Commissioner Grimes pointed out the public hearing was
incorrectly reported in the newspaper as being tonight, when it will actually
occur on September 16, 2010.
Commissioner Mercer stated he had grammatical corrections, and noted
that under Section 12, Architectural Guidelines – under “facades”, Item 1,
there are two blank lines. He inquired
what information was to be listed in that section. ZEO Schappert indicated that the draft was
modeled after the Town of Wallingford, and will find out what information is
missing. Commissioner Weisman also
suggested that on the top of the page, that instead of the term, “broken down”;
that it is changed to “divided”. The
Chairman indicated that this change, and possible others, will be discussed at
the public hearing.
No motions.
6 New Business:
Item 6.a., 1055 Federal Road (Brookfield North LLC) #200501081: Permit
Extension for 5 years – There was discussion regarding whether this is the
first request for an extension. It was
noted that the State Department of Transportation did not review this matter
until the bypass was completed. Commissioner
Amorossi moved to approve the permit extension for five years for 1055
Federal Road, #200501081 to allow time for the applicant to get the State
approvals for traffic in place.
Commissioner Grimes seconded the motion, and it carried unanimously.
Item 6.b. 49 Federal Road #201000732: Site
Plan Modification to expand parking area from 38 spaces to 57 spaces
(dec date 10/30/10)
1. Map
titled “Site Plan For Parking
Expansion” prepared by CCA, LLC
dated 2/19/09 revised 8/17/10 – sheet S1
·
“Landscape
Plan for Parking Expansion” dated 2/19/09 – sheet L1 –
A. Adams, Registered Landscape
Architect, CCA, 40 Old New Milford Rd., was present.
Commissioner Weisman requested clarification regarding the new parking
spots, and Ms. Adams delineated their location pursuant to the Commission’s
conclusion of the location as a sideyard at its last meeting. Ms. Adams further stated that vegetation will
be transplanted. Commissioner Grimes
moved to approve the Site Plan Modification for 49 Federal Rd.,
#201000732, per the map last revised 8/17/10.
Secretary Lynch seconded the motion, and it carried unanimously.
Item 6.c., Proposed Regulation Change – Section 242-405
“Apartment Units within Single-Family Dwellings
(PH scheduled for 9/23/10)
1. Draft of Regulation Change – No
discussion/no motions.
Item 6.d., 117 Old State Road (Fred Astaire Dance Hall)
#201000737: New business requesting approval for “use” to serve liquor. –
Commissioner Grimes indicated this site has become a popular location as a
rental for catered events. Commissioner
Grimes moved to approve 117 Old State Rd., #201000737. Commissioner Amorossi seconded the motion,
and it carried unanimously.
Item 6.e., Appointment of
Zoning Enforcement Officer –
Commissioner Grimes made a
point of order and indicated that he did not believe the Commission could act
on this item until the Board of Selectmen do.
Selectmen Lasser indicated that the BOS does not act on it; only to
refuse or rescind an appointment.
Commissioner Amorossi moved
to appoint A. Dew as Zoning Enforcement Officer until January 31, 2011. Commissioner Mercer seconded the motion. Motion carried unanimously,
Item 6.f., 887 Federal Road #200300284: Request for application extension for two (2) years dated 8/17/10
1. Memo from
Land Use office to Zoning Commission dated 8/18/10 Re: Letter of Credit
W. Lavelle, 328 Federal Rd.,
Brookfield was present. He is requesting a two-year extension. Commissioner Amorossi inquired what the
status of the letter of credit was. Mr.
Lavelle indicated that per Land Use Office staff, the renewal of the LOC is in
the file. Commissioner Amorossi moved
to approve the extension for two years for 887 Federal Rd., #200300284
pending confirmation from Nina Mack, Land Use Secretary, that the extension of
the letter of credit is in the file.
Commissioner Mercer seconded the motion, and it carried unanimously.
Item 6.g., 22 Beech
Tree Road #201000750: Customary
Home Occupation “Engraving” (dec date 10/30/10) – Chairman Parker noted that this application
relates to an engraving business. All
work and sales will be done via the computer.
Commissioner Grimes moved to
approve the Customary Home Occupation at 22 Beech Tree Rd.,
#201000750. Commissioner Weisman
seconded the motion, and it carried unanimously.
Item 6.h., Proposed
Regulation Change #201000753:
Section 242-401A(2) – Customary Home Occupation
Commissioner
Amorossi moved to set a Public Hearing for September 23, 2010. He inquired why this authority is being
shifted from the Commission to the ZEO.
The draft was reviewed. Chairman
Parker stated that the change relates to having the decision made by the
Commission with certification that the applicant has notified his
neighbors. It was noted, however, after
reviewing the draft further, that it does give authority to the ZEO. Commissioner Grimes indicated he did not
think it was a good idea. Commissioner
Amorossi stated that the discussion could occur at the Public Hearing. Commissioner Weisman seconded the motion, and
it carried unanimously.
Commissioner
Grimes left the meeting at 8 p.m.
4. PUBLIC HEARING - 8:00 PM:
a. 10 Whisconier Road #201000555: Single
Family Dwelling Conversion (PH close date 9/30/10) –
Chairman Parker opened the public hearing and
introduced the Commission members.
Secretary Lynch read the legal notice that was published in the News
Times on August 13 and August 23, 2010.
Chairman Parker then reviewed the policies and procedures that govern
public hearings.
Chairman Parker noted that there was no
correspondence in the file related to the application.
N. Lavoie, 10 Whisconier Rd., was present. She indicated that the house is presently for
sale and she is attempting to put an apartment above the garage for her
sister. The application and the floor
plan were reviewed and square footage was discussed.
Commissioner Amorossi moved to approve 10 Whisconier Rd., #201000555,
as presented. Commissioner Weisman
seconded the motion and it carried unanimously.
Commissioner Mercer made a point of order and noted that the Public
Hearing needed to be closed first.
Mr. and Mrs. Renna, 12 Whisconier Rd., were present. Mr. Renna discussed his concerns regarding
parking, the garage, and septic.
Chairman Parker advised Mr. Renna that the property owner would have to
go to the Town Sanitarian for approval.
Mr. Renna stated that he is concerned about the home and apartment’s
occupation in the future when Ms. Lavoie sells the home. He is also concerned that the Town does not
send out registered letters for these types of applications. Chairman Parker stated that a legal notice is
published in the newspaper. ZEO
Schappert added that, per the regulations, the property owner and/or renter
must qualify each year for elderly status and to verify that the site meets the
regulations.
No one was present to speak in favor of the application, nor was anyone
present to speak in opposition.
Commissioner Weisman moved to close the Public Hearing for 10
Whisconier Rd., #201000555, Single Family Dwelling Conversion. Commissioner Mercer seconded the motion and
it carried unanimously.
Commissioner Amorossi moved to approve the Single Family Dwelling
Conversion for 10 Whisconier Rd., #201000555. Commissioner Weisman seconded the motion, and
it carried unanimously.
470 Federal Road #201000610:
Design Review – Industrial Condo Building and Associates site improvements
(PH close date 9/30/10) –
Chairman Parker advised that the same
introduction for this public hearing would be used. There were no objections.
A. Adams, Registered Landscape Architect, CCA, 40 Old New Milford Rd.,
was present, on behalf of the applicant. She
reviewed the location of the site, which sits in an IL80 zone. She further stated that the site is 1.85
acres, and there are no wetlands on the property. The proposed structure is an 18,500 square
foot industrial condominium building.
Access will be at the southern end, from Federal Road. The building is expected to be divided into
six units, and parking will be adjacent to the building on the southern side,
and along the northern property line.
Each unit will have an overhead door with trailer tractor loading. There are no set tenants for any of the units
at this time. Ms. Adams then reviewed
the building materials and color samples with the Commission. She noted that for each unit, there is
pedestrian access and sidewalks along the southern, northern and eastern sides
for access into each unit, as necessary.
Ms. Adams indicated that surface drainage will be through catch basins
that flow along the western side to front of building, where there is
underground detention/recharge that will overflow to the Town system. She stated that the building is proposed to
be tied into the Town sewer, and that proposal is currently before the Water
Pollution Control Authority. The
building will also be tied into the existing gas line on Federal Road, as well
as the water main on Federal Road. Ms.
Adams noted that the building will have a sprinkler system, eliminating the
need for a fire tank. She then reviewed
the front yard buffer plantings and the residential buffer strip required along
the western side.
Secretary Lynch expressed his concern for what
the proposed landscaping will look like in a few years. He inquired if a berm was possible. Ms. Adams indicated that the site does slope
up four to five feet above the road.
Commissioner Amorossi requested clarification
regarding the location of the site, and Ms. Adams indicated it is near the
cemetery located on that portion of Federal Road.
Commissioner Weisman inquired if the building
would be subdivided, and Ms. Adams described the six-unit configuration. He further inquired if the fire marshal had
any concerns regarding the single access to the site. Ms. Adams stated that the plans have been
submitted to the Water Source Committee, and no response has been received as
of yet.
Secretary Lynch inquired if there was a
security gate in the front. Ms. Adams
stated that none is being proposed. He
inquired if evergreens would be part of the landscaping, for screening
purposes. Ms. Adams reviewed the species
proposed on the east side, and indicated that some of the shrubs are
evergreens. She will look at species
that will survive at the site and that will provide year round screening.
There were no questions of clarification from
the audience. No one was present to
speak in favor of the application, nor was anyone present to speak in
opposition.
Commissioner Amorossi moved to close the Public Hearing for 470
Federal Rd., #201000610, Design Review.
Secretary Lynch seconded the motion, and it carried unanimously.
7. Tabled
Items None.
8. Informal Discussion:
Item 8.a.1., Definitions – section 242-202 and Table of Permitted Uses
section 242-501; 1.Recommendations
to clarify changes submitted by Bill Schappert – Note that the Draft Submitted
by Mr. Schappert was dated 8/17/02
Commissioner Weisman suggested deleting the words, “but not” and changing it to “and”. ZEO Schappert noted that there is only one definition, to eliminate the use of drive-throughs from the zone. There was discussion regarding the majority of the Board being concerned regarding the presence of fast food restaurants, as opposed to drive-throughs. Commissioner Weisman noted that the McDonald’s in Brookfield, three miles from the Four Corners area, does not have “golden arches”. Chairman Parker recalled the Joint Meeting with the Planning Commission, when the Planimetrics’ representative noted that the McDonald’s in Freeport Maine is in a colonial style building. Chairman Parker indicated he did not have a problem with fast food restaurants. Secretary Lynch discussed the requirements that large chains have for brand recognition.
ZEO Schappert stated that his draft is based on past discussion and the vote of Commission and attempts to addresses the distinction between types of drive-throughs. Secretary Lynch stated he did not believe that the last vote was a representation of the Commission’s view on drive-throughs. ZEO Schappert stated that the last vote would not allow drive-throughs any place in Town. Secretary Lynch inquired what would be necessary to rescind a motion made at the last meeting. The Minutes from the last meeting were reviewed. Commissioner Mercer noted that Vice Chairman Blessey participated in the first vote, but recused himself from the second vote as he is a business owner in the Town Center District. There was additional discussion regarding the procedure for rescinding a motion. There was discussion about whether or not last meeting’s vote represented the intent of the majority of the Commission to eliminate drive-throughs in Town or just in a particular zone. Commissioner Amorossi stated that the Commission must accept that it is the choice of Town residents to have the convenience of having drive-through type facilities. Commissioner Mercer inquired if he had read the Plan of Conservation and Development where it is reported that residents of Town wanted the Four Corners area to look different from the rest of Federal Road. Commissioner Amorossi stated that he did not reference a “fast food restaurant”, as there is no definition of a “fast food restaurant”. He stated that he said “fast food facility” and that it what he describes as Kentucky Fried Chicken. Commissioner Mercer pointed out that the Commission is obligated by its by-laws to follow the POCD, and that is not what is taking place with recent action. Commissioner Amorossi pointed out that the Commission is currently mandated to redraft that document. Commissioner Mercer noted that until that is done, the Commission must live by the one in existence. Commissioner Weisman pointed out that the preamble of the current document states that it is a “guide”, not an ordinance. He stated that he believes that the residents that have the right to select the type of building that they want in that area. Commissioner Mercer stated that he felt that additional curb cuts for drive-throughs are not conducive to the pedestrian friendly area.
Commissioner Amorossi and Chairman Parker recalled the discussion with the Planimetrics professional at the Joint meeting with the Planning Commission. Chairman Parker stated that the research indicates that if there are drive-throughs in a district, individuals will get their desired goods and leave; whereas in a district without drive-throughs, individuals will park and utilize more businesses and the area in general. Secretary Lynch discussed the attractiveness of having a “premier address”; and indicated that Brookfield would not be considered in the category. Chairman Parker indicated he did not care if a McDonald’s went in the Town Center District, and Secretary Lynch indicated it wouldn’t benefit the district. Chairman Parker stated that the Planimetrics professional, Glenn Chandler, has stated through his professional research, town center districts prohibit drive-throughs.
Commissioner
Amorossi left the room at 8:54 p.m.
ZEO Schappert reviewed the two decisions made at the last meeting. One was that there was a majority decision that you did not want drive-throughs in the district, but eliminated them anywhere in Town. He indicated that if you are making a distinction between the two types of drive-throughs, definitions are required.
Secretary Lynch indicated that if the Town wishes to have a New England type village, fast food facilities should be limited. He proposed a regulation that allows for certain types of restaurants with drive-throughs. Commissioner Mercer suggested going back to the way it was, to allow drive throughs in the parts that it was allowed and separately deal with drive-throughs in Four Corners. Secretary Lynch agreed.
Chairman Parker stated that a motion to rescind could be made by anyone at the meeting. Selectman Lasser indicated it was his belief that a motion to rescind can be made by two-thirds majority or by a majority when it is published on the agenda. Chairman Parker stated that he spoke with Town Counsel Neil Marcus, and he advised that if the person that made the original motion is present, that person has to make the motion to reconsider. Selectman Lasser disagreed. He suggested that it be included for the record that the consideration of rescinding the motion will take place at the next meeting. After additional discussion, the Commission agreed that it needs to get back to the status of where it was before the last meeting regarding drive-throughs.
Commissioner
Amorossi returned to the room at 9:00 p.m.
The Chairman reviewed the discussion that had occurred with Mr. Amorossi.
Selectman Lasser indicated that the motion to reconsider has to take place at the same meeting that the motion takes place. He indicated that the Commission could repeal what was done, and it would take a two-thirds vote when it is not published that it will be reconsidered to add it to the agenda. If the Commission waits until it is published, the rescinding could be done at next meeting with a majority vote.
Chairman Parker stated that Town Counsel indicated that whoever is present can make the motion to rescind if the person that made the original motion is not present.
Commissioner
Weisman moved that the Zoning Commission act to rescind the vote. Chairman Parker and Secretary Lynch noted
that it has to be a Motion to Reconsider.
Commissioner Weisman moved that the Zoning Commission reconsider the
motion that where the vote was taken and passed on a 3-2 majority to restrict
drive-through facilities. The Commission
members pointed out that this was the wrong motion.
Secretary
Lynch moved to reconsider the previously proposed regulation amendment
#201000439, Section 242-202, Definitions, Drive-through food and beverage
facility. Commissioner Amorossi seconded
the motion, and it carried unanimously.
Selectman
Lasser pointed out that the original motion is now on the table.
Secretary
Lynch moved to rescind the proposed regulation amendment #201000439, Section
242-202, Definitions, Drive-through food and beverage facilities. Commissioner Mercer inquired if the motion
read only “drive-through facility”? ZEO
Schappert indicated that it included banks, pharmacies, and food service
facilities. Commissioner Mercer
seconded the motion. Commissioner
Amorossi asked for the motion to be restated.
Chairman Parker stated that it was “to rescind proposed regulation
amendment #201000439, Section 242-202, Definitions, Drive-through food and
beverage facilities and restaurant. The
recording secretary asked if “restaurant” was included in the motion, and the
Chairman Parker advised that it was.
Secretary Lynch explained that the Commission voted to reconsider, which
passed unanimously, and now the Commission is considering a motion to rescind,
the Definitions; and if it passes, then the status of the Commission returns to
where it was at the beginning of the August 12, 2010 meeting. Commissioner Weisman stated that the use
issue still had to be dealt with. Motion
carried unanimously.
Commissioner
Weisman moved that the Zoning Commission accept, as a permitted use, drive
through facilities and drive through food and beverage facilities, in the IR80,
IR80N, IRC80/40 and Town Center District.
ZEO Schappert pointed out that the definition no longer exists given the
last motion. Secretary Lynch indicated
that the Commission must now redraft the regulation. Commissioner Mercer indicated that the
Commission must determine how it would handle drive through facilities in the
area formerly known as Four Corners.
9. Comments of Commissioners None.
10. Adjourn
Chairman Parker
moved to adjourn the meeting at 9:12 p.m.
Secretary Lynch seconded the motion, and it carried unanimously.
**Next Regular Meeting Scheduled for September 16, 2010**