TOWN OF WOODBURY Zoning Commission 281 Main Street South Woodbury, Connecticut 06798-0369 TELEPHONE: (203) 263-3467 FAX: (203) 263-5076 First land deed from the Indians April 12th 1659

MINUTES — November 10, 2014 REGULAR MEETING 7:30 P.M. — SENIOR/COMMUNITY CENTER

MEMBERS PRESENT: Robert Clarke, Chairman Clarke Jon Quint, Vice Chairman Clarke Beverly Deickler Ted Tietz

ALTERNATES PRESENT: Lawrence McDonald John Chamberlain David Lampart

MEMBERS ABSENT: Charles E. Cosgriff, Jr. Secretary'

ALTERNATES ABSENT:

ALSO PRESENT: Dianne Swan, Carol Walzer, Joann Narkis, Deborah Tomascak, Kiera Stampp, Dwight Smith, Ari Manudi, Lawrin Rosen, Karen Reddington - Hughes, Cynthia West Pollack, Wayne Mattox, Frank Depasqua, member of the press and other interested parties. I. CALL TO ORDER Chairman Clarke Clarke convened the meeting at 7:31 p.m. II. SEATING OF MEMBERS AND ALTERNATES Seated were Commissioners Clarke, Quint, Tietz, Deickler and Alternate Chamberlain. Reference was made to Section 8-11, Connecticut General Statutes, and Section 901 of the Woodbury Town Charter regarding Conflict of Interest.

Alternate McDonald joined the meeting at 7:38 p.m. Chairman Clarke made a Motion to change the Agenda to add an item to Other Business No. 5 to nominate a new Zoning Enforcement Officer. MOTION:

To change the Agenda to add an item under Other Business No. 5 to nominate a new Zoning Enforcement Officer. Made by Chairman Clarke Clarke, Second by Commissioner Deickler Vote 5-0 in favor. Motion Unanimously Approved. III.

PUBLIC HEARINGS: There were no public hearings.

REGULAR MEETING IV. Tabled Matters: There were no Tabled Matters.

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A. PENDING APPLICATIONS: There were no Pending Applications.

B. NEW APPLICATIONS: 1. 14-ZC-1409, Carol Walzer (Owner) 73 Main Street South-Unit 1B Change of Use Amendments to Special Exceptions (Preschool to Retail Clothing Store) Map 105/Lot 143 #1B, OH 1/14/2014. Carol Walzer addressed the Commission stating she became the owner of this building in April of this year. Carol Walzer further stated the building has not had occupants in ten years. Carol Walzer informed the Commission that she recently renovated Unit 1B which was a preschool and now Joann Narkis would be opening a boutique. The tenant, Joann Narkis advised the Commission that she has been in business in Woodbury for four and a half years. Joann Narkis further stated that she had relocated to this location about a month ago, being open in this location for about two weeks. Joann Narkis informed the Commission that she would be selling one of kind clothing and operating her wholesale business from this location. Chairman Clarke asked her hours of operation, employees and parking at the location. Joann Narkis answered she shared the parking with the neighboring liquor store. Regarding employees, Joann Narkis stated she would have part time help. Joann Narkis stated her hours would be Wednesday through Saturday from 10:00 to 5:00. Joann Narkis further stated she may be open a half day on Sundays during the holidays. Chairman Clarke stated this was a change of use from educational to retail. Alternate McDonald stated a public hearing is required. Alternate Chamberlain discussed with the Commission if a public hearing was necessary. The Commission asked Carol Walzer if a sign would be on the building. Carol Walzer provided pictures to the Commission. Commissioner Deickler and Chairman Clarke reviewed Section 5.1.9 of the Zoning Regulations. The issue of parking was discussed at length by the Commission. Chairman Clarke questioned the Joann Narkis as to the amount of traffic generated at the previous location. Joann Narkis replied it was difficult to say. Chairman Clarke informed Joann Narkis that she should not be open until she obtains the necessary permits. Alternate McDonald asked the square footage of this unit. Carol Walzer answered 1459 square feet. Chairman Clarke stated that 10 parking spaces should be designated. Carol Walzer questioned the 10 parking spaces and stated the liquor store is a separate entity. Carol Walzer expressed her concern that the issue of parking was creating a hardship for her to run her businesses. Chairman Clarke mentioned these regulations have been in effect. Chairman Clarke asked what the square footage of the entire building. Carol Walzer replied it was 3,116 square feet. Chairman Clarke and Alternate McDonald discussed that approximately 20 spaces would be needed if all the square footage was retail space. Commission Quint further discussed the zoning history of building. Commissioner Chamberlain and Alternate McDonald questioned Carol Walzer as to how much actual retail space and how much storage space. Carol Walzer replied it was all retail space. Chairman Clarke reviewed the April 27, 1982 Minutes regarding a special permit that was issued. Commissioner Tietz asked the applicants what their hours were again. Joann Narkis replied Wednesday through Saturday from 10:00 to 5:00. Alternate McDonald cited 7.4.1.1 of the Zoning Regulations. Alternate McDonald suggested to the Applications to review page 74 of the Zoning Regulations Sections 7.4.1.1 and 7.4.1.1.2. Chairman Clarke suggested the Applicants meet with the Town Planner to discuss the matter. Alternate Chamberlain suggested the applicant review all the relevant regulations. Commissioner Deickler mentioned the Applicant may need to go before the Planning Commission. Chairman Clarke stated he would be scheduling a Public Hearing for December 9, 2014. November 10, 2014

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MOTION: To schedule a Public Hearing for December 9, 2014 regarding 14-ZC-1409, Carol Walzer (Owner), 73 Main Street South, Unit 1B, Change of Use Amendments to Special Exceptions (Preschool to Retail Clothing Store), Map 105, Lot 143-1B, OH 1/14/2015. Made by Chairman Clarke Clarke, Second by Commissioner Deickler Vote 5-0 in favor. Motion Unanimously Approved. C. OTHER BUSINESS:

1. Dianne Swan, J.M. Scott Associates, (Agent) Review Of New Business-740 Main St. South, Bldg. #4, Middle Quarter Mall To Replace Dottie's Diner

Dianne Swan stated she was coming back before the Zoning Commission because the word "takeout" was not reflected in the Minutes from the Zoning Meeting on October 14, 2014. Also, at the Regular Meeting on October 14, 2014, the Zoning Commission received an application requesting a permit for the continued use of an ongoing permitted business with no proposed changes in use. Shortly, thereafter, J.M Scott Associates, Inc. received communications from the Woodbury Land Use Office stating that there was an additional condition and additional information was needed prior to obtaining and receiving a permit. J.M Scott Associates, Inc. was being required to state the name tenant or the operator of the restaurant and that no permit was going to be issued until this issue was complied with. Dianne Swan further stated that no mention of this condition was made during the October 14, 2014 Zoning Commission Meeting, the Motions or the Minutes. Dianne Swan further asked if the Zoning Commission had an additional meeting where the Zoning Enforcement Officer was directed to add an additional condition to the Motion for Approval which was not reflected in the Minutes of October 14, 2014. Dianne Swan stated that this application is no difference than 13-ZC-1318 dated 12-19-13 for 641 Main Street South, LLC. Chairman Clarke replied that words "takeout" are not an issue as the Commission had a letter by J.M. Scott Associates, Inc. Chairman Clarke stated the item which is much more significant, is that Diane Swan provided an incomplete application. Chairman Clarke further stated that the absence of a signature of Pomperaug Health Department on the application which is the main issue. Chairman Clarke asked Dianne Swan, who is an agent of JM Scott Associates, Inc., if this business was going to be operated by JM Scott Associates. Dianne Swan replied no, it was going to be operated by two different tenants who are interested in the prospective space, she was not sure which one. Chairman Clarke requested Dianne Swan provided a complete application signed off by the Pomperaug Health Department. Alternate Chamberlain discussed that the application which was approved stated the tenant as JM Scott Associates, Inc. Alternate Chamberlain further discussed that if JM Scott Associates, Inc. wish to change the tenant they must come before the Zoning Commission again. The Commission discussed Section 5.2.4 of the Zoning Regulations. Commissioner Deickler stated the Commission has already approved an application whereas the tenant was stated as JM Scott Associates. Commissioner Deickler further stated that the Commission has approved this use of the JM Scott Associates, Inc. and cannot go back unapproved the application. Commissioner Deickler further stated it is not necessary to make any changes regarding "takeout" as it was in November 10, 2014

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the application. Commissioner Deickler stated that there is no new application before the Commission. Furthermore, Commissioner Deickler stated regarding the Pomperaug Health Department, it was discussed at the October 14, 2014 meeting that sign off would be necessary in order to operate. Commissioner Deickler did not see grounds for changing anything. Chairman Clarke stated the issue is that there is no signoff by the Pomperaug Health Department and no permit will be signed off by the Planning Department. Chairman Clarke and Commissioner Deickler stated that the new tenant must come before the Zoning Commission. 2. Katherine Gorham (Tenant)/Bert Audy (Owner) Review Of New Business-122 S. Pomperaug Ave. Unit 1 — Arts & Crafts Classes To Replace Unused Classroom Space Formerly Owned By C.A.S.T. The assistant landlord, Deborah Tomascak was present. Chairman Clarke asked if the party who was present had a letter authorizing her on the tenant's behalf. She did not. Therefore, Chairman Clarke tabled this matter and requested the Tenant attend the next meeting on December 9, 2014. 3. NZW LLC (tenant)Barclay Square Associates, LLC Michael Devino (owner)/Review of New Business — 20 Sherman Hill Road — Winding Wheel Coffee Bar & Café (to replace Ayla's) The Applicant stated they are replacing Alya's with a small venue with less seating. The Applicant further stated it would seat 32 people and Alya's sat 42 people. The Applicant stated the water usage would be the same. Chairman Clarke asked the hours of operation. The Applicant stated from 6:00 a.m. to 3:00 p.m., seven days a week. Chairman Clarke asked the number of employees. The Applicant replied around six, not including himself, about four employees at a time. Chairman Clarke asked if the parking would be the same. Applicant replied yes. Chairman Clarke questioned how many businesses are at this location now. The Applicant replied a title store, a chiropractor and a restaurant. The Commission agreed there was no need for a Public Hearing. MOTION: To have the Land Use staff issue a permit for a change of business regarding NZW LLC(tenant)/Barclay Square Associates, LLC Michael Devino (owner)/Review of New Business — 20 Sherman Hill Road — Winding Wheel Coffee Bar & Café (to replace Ayla's). Made by Commissioner Quint, Second by Commissioner Deickler

Vote 5-0 in favor. Motion Unanimously Approved. 4. Pet Pals, LLC (tenant)/Northwood LLC, Kevin McGovern (owner) Review of New Business — 127 Main Street North — Pet Pals LLC - Pet Training Classes to replace All Star Driving School Kiera Stampp addressed the Commission stating this is a business already in existence. She would be the only employee. Kiera Stampp would be doing pet training with five dogs at a time. The Commission and Kiera Stampp discussed the hours of operation. Kiera Stampp stated she has applied for seven days a week although intending to be open part time. Kiera Stampp discussed she would be offering four week sessions for pet training. Alternate McDonald asked if any dogs would be kenneled at the premises. Kiera Stampp replied no. The Commission agreed there was no issue as to parking. Commissioner Quint asked what type of training. Kiera Stampp replied obedience training. Kiera Stampp stated the address was 125 Main Street North Suite 3A and the owner of the building's address is 127 Main Street North. The Commission November 10, 2014

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agreed there was no need for a public hearing. Chairman Clarke asked if Kiera Stampp spoke to any of the other tenants. Kiera Stampp replied no, but intended to speak to the Animal Hospital. MOTION:

To have the Land Use staff issue a permit for Pet Pals LLC at 125 Main Street N Suite 3A regarding Pet Pals LLC (tenant)/Northwood LLC, Kevin McGovern (owner) Review of New Business — 127 Main Street North — Pet Pals, LLC Pet Training Classes to replace All Star Driving School. Made by Chairman Clarke Clarke, Second by Commissioner Quint Vote 5-0 in favor. Motion Unanimously Approved. 5. REVIEW & APPROVAL OF 2015 MEETING SCHEDULE(S)

The Commission reviewed and discussed the Zoning Commission schedule. Commissioner Deickler questioned the time of the meetings. The Commission agreed to leave the times as scheduled. The Commission decided to remove the December 22, 2015 meeting. Commissioner Tietz commented on the second meetings are work sessions only. MOTION:

To approve the Zoning Commission Calendar, as amended. The amended Zoning Commission Calendar will reflect the deletion of the December 22, 2015 meeting. Made by Chairman Clarke Clarke, Second by Commissioner Deickler Vote 5-0 in favor. Motion Unanimously Approved. 5. b NOMINATION OF THE NEW TOWN PLANNER

Chairman Clarke stated the new Town Planner is Kathy Castagnetta who starts full time on Monday November 17, 2014. MOTION:

To nominate Kathy Castagnetta, the Town Planner to be the Zoning Enforcement Officer. Made by Chairman Clarke Clarke, Second by Commissioner Deickler Vote 5-0 in favor. Motion Unanimously Approved. The Commissioner agreed to amend the Agenda. MOTION:

To amend the Agenda to hear Item E, Enforcements before Item D, Updates on Land Use Boards and Commissions. Made by Commissioner Deickler, Second by Commissioner Tietz Vote 5 0 in favor. Motion Unanimously Approved. -

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E. ENFORCEMENTS 1. 13-ENF-0006 - Dwight Smith - 54 Old Town Farm Road - NV & RFVC Storage Of Vehicles (Sec. 4.1.2.8) Map 12, Lot 23 Dwight Smith was present. The Commission discussed the possible violation on the premises. Dwight Smith stated the red truck on the premises is a Ford F350. Alternate McDonald asked if the registration was commercial or residential. Dwight Smith replied commercial, as it was over 8,000 lbs. Commissioner Tietz stated the pickup can be parked on the premises. Dwight Smith stated he has been there 18 to 20 years and it is a kid friendly home with many vehicles parked. Alternate McDonald reviewed Section 4.1.28 with the Commission. Commissioner Deickler questioned exactly what vehicles are being complained about in the Notice of Potential Violation. Chairman Clarke stated there are none stated. Alternate McDonald suggested to table this matter. Dwight Smith asked who complained. Alternate McDonald stated it is not required to state who complained. Dwight Smith stated there are vehicles which will not be on the premises much longer. Chairman Clarke asked Dwight Smith if he would permit the Zoning Enforcement Officer on the property. Dwight Smith stated no. Commissioner Tietz stated Dwight Smith does not have to let the Zoning Enforcement Officer on the property. The Commission agreed to table this matter to the next meeting scheduled for December 9, 2014. 2. 14-ENF-0020 — David & Daniel Logue — 76 Artillery Road — NPV & C&D, Construction of Accessory Building without Permits — Map 079, Lot 018 As the owners were not present. The Commission agreed to table this matter to the next scheduled meeting. 3. 14-ENF-0021 — Raymond Hardisty — 614 Main Street South — NVP Conducting Commercial Business in Form of Ongoing Sale of Commercial Equipment/Vehicles As the owner was not present. The Commission agreed to table this matter to the next scheduled meeting. 4. 14-ENF-0022 — Co-Trustees of the Chester C. Hardisty Revocable Trust — 524 Main Street South- NP Prohibited Uses in Any District (Parking Camper Trailer in Front of Agway) Sec. 3.2 — Map 103, Lot 004 The Commission discussed this matter. Chairman Clarke reviewed correspondence on this issue. The Commission reviewed sections 3.2.1.1., 3.3.1.3 and 3.3.1.4. The Commission agreed to table this matter to the next scheduled meeting.

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5. 14-ENF-0023 — Carl Coppola (SV Woodbury LLC) — 670 Main Street South (Jade Garden) — NPV Installation of Internally Lit Signs Within Window Which are Visable from The Road (Sec. 7.5.9) — Map 102, Lot 022 As the owner was not present. The Commission agreed to table this matter to the next scheduled meeting. 6. 14-ENF-0003 — Zejadin Mamudi — 689 Main Street South (Woodbury Pizza), NV Installation of Internally Lit Signs Within Window Which are Visable from The Road (Sec. 7.59) — Map 102, Lot 036 Ari Manudi was present and stated that Woodbury Pizza is tucked in and difficult to see. Ari Manudi stated a lot of customers see the neon sign in the window. Ari stated there are other business which have neon signs in the window. She asked the Commission what else can be done to show they are open. Commissioner Quint asked what the sign says. Ari Manudi replied open. Ari Manudi asked if they can build a new sign outside for the business. Commissioner Tietz and Commissioner Quint advised Air Manudi will have to fmd out where the right of way is and where the sign is located to make sure it is not on state property. The Commission also mentioned the premises has limited signage square footage. Chairman Clarke suggested she visit the Town Planner to address the sign issue. Chairman Clarke further suggested a permit to install a temporary sign. Alternate McDonald suggested to talk to the landlord to see what may be done. 7. 14-ENF-0024 — Gertrude C. Hardisty — 240 Saw Pit HIllRoad, NVP Commercial Timbering Without a Permit (Sec. 3.3.2), Map 052, Lot 38 As the owner was not present. The Commission agreed to table this matter to the next scheduled meeting. 8. 14-ENF-0025 — Roger Blomberg — 366 Main Street South — NPV Sign on Property Which Exceeds Maximum Permitted Size & Was Erected Without a Permit (Sec. 7.5) Map 052, Lot 038 As the owner was not present. The Commission agreed to table this matter to the next scheduled meeting.

9. 14-ENF-0026 — Russell Hardisty — 180 Westwood Road — NVP Operation of a Construction Business in an OS100 Zone & Storage of Construction Equipment (Sec. 4.1.2.8 & 4.1.3) - Map 039, Lot 021A As the owner was not present. The Commission agreed to table this matter to the next scheduled meeting. The Commission moved to add the following item to the Agenda. MOTION: To add an item to the Agenda regarding Lawrin Rosen/ArtFx Signs — Application for Sign at San Remo at 135 Main Street North Made by Chairman Clarke Clarke, Second by Commissioner Deickler

Vote 5-0 in favor. Motion Unanimously Approved. November 10, 2014

Lawrin Rosen/ArtFx Signs — Application for Sign at San Remo at 135 Main Street North Chairman Clarke stated San Remo is proposing a new sign for their location. Chairman Clarke read the letter of denial to the sign maker regarding the sign at this location citing Section 7.5.11.c. Chairman Clarke also read a letter from Lawrin Rosen. Chairman Clarke also read a letter from the Historic Society which contained a Motion. The Commission reviewed the before and after pictures of the sign. Lawrin Rosen clarified that this Application was not previously in front of this Zoning Commission. Commissioner Quint asked what the square footage of the sign was. Lawrin Rosen answered it was identical. The Commission agreed to add this Application to the Agenda for the December 9, 2014 meeting. Chairman Clarke suggested Lawrin Rosen meet with the Town Planner. D. UPDATES ON LAND USE BOARDS AND COMMISSIONS The Commission agreed to table these updates.

MOTION: To Table the Updates on Land Use Boards and Commissions. Made by Chairman Clarke Clarke, Seconded by Commissioner Deickler Vote 5-0 in favor. Motion Unanimously Approved.

F.

PRIVILEGE OF THE FLOOR

Karen Reddington-Hughes of Abrash Galleries presented a Flag with a logo for Connecticut 1. Antiques Trail. Karen Reddington-Hughes stated she had worked with Senator Kane and the Woodbury Antiques Dealers Assoc. in creating and marketing the Connecticut Antiques Trail Flag. The Connecticut Department of Tourism produced the logo. The Flags could mark antique dealers on the statewide trail and identify the antique stores quickly. The flags would create a "trail" visually. These Flags would be purchased at the antique dealer's expense. Woodbury is known as the "Antiques Capital" of Connecticut and it would be nice to see Woodbury be the first display the new logo. This is an attempt to encourage and promote tourism thru out Connecticut. Chairman Clarke stated the regulations right now prohibit the use of flags. 2. The Applicant from the Junior Women's Club 30 th Annual Craft Fair, Saturday, December 6, 2014 From 9:30 A.M. To 3:30 P.M. at the Woodbury Middle School addressed the Commission and requested an amendment to include outside vendors. A drawing was submitted to the Commission. The previous application did not show outside vendors. Alternate McDonald stated he was going to recuse himself from the conversation. It was stated the outside vendors were self-contained. Commissioner Deickler asked if any anticipated traffic and if adequate parking. The Commission proposed to turn this requested amendment regarding outside vendors to the Town Planner. 3. Cynthia West Pollack of Madeline West Antiques addressed the Christmas Tree Festival and opposed the food trucks. It was further stated to elevate Woodbury and clean up the town and allow the November 10, 2014

Connecticut Antique Trail Flags. She further stated to get rid of the sandwich signs. In conclusion, she stated we are Woodbury, we are great. 4. Wayne Mattox of Wayne Mattox Antiques asked the Commission to consider the Connecticut Antique Flag as an issue from the State. He further mentioned that the State liked this idea and the State is marketing the State of Connecticut as a hub for antiques. Wayne Mattox discussed that the State wants to push this tourism agenda. He mentioned it would not be positive, if the town who started the whole thing turns the State down. He ended by saying it is a State initiative and the Commission should consider this matter. 5. Frank Depasqua of Frank Depasqua Antiques stated that fifty percent of his customers are off Interstate 84 and use the antique trail sign. He stated that his clients ask him where the trail is exactly. He further stated the Trail needs markers and the Connecticut Antique Flags work. G. CONSIDERATION OF MINUTES

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October 14, 2014

Chairman Clarke Clarke moved the minutes of the October 14, Meeting as presented, Seconded by Commissioner Quint MOTION: To accept the minutes of the October 14, 2014 Regular Meeting as presented with the following Amendments: Page 1 - line three "Applicant's" Page 2, line two, a uniform "manner" Page 3, Paragraph 4, line 8, He further stated "that the" Stiles Page 3, Paragraph 4, line 9, "consistent" Page 3, Paragraph 4, line 10, year 's Page 3, Paragraph 4, line 12, "There was" discussions of cubic Page 3, Paragraph 4, line 16, he did receive Page 3, Paragraph 4, line 20, trucks and "that" he "had spoken" Page 3, Paragraph 4, line 23, year 's. The truck traffic "was" slightly higher than last year 's Page 3, Paragraph 4, line 24, "There was" discussion of Page 3, Paragraph 4, line 29, committee "which" Mr. Faroni Page 5, Adam Bonit "o" Page 5,"BEDC' Page 5, third line from the bottom, Woodbury Community and Economic Development "Committee" Page 5, last line, this information regarding "the" internet Page 6, first line, Acquisitions "Committee has" Page 6, line 3, Alternate McDonald Page 6, line 12, Quint "suggested" a split Page 6, line 23, Vote "4-1" in favor. Motion Approved. (Chairman Clarke Clarke opposed) Made by Chairman Clarke Clarke, Seconded by Commissioner Quint Vote 5-0 in favor. Motion Unanimously Approved.

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F. CORRESPONDENCE Correspondence was reviewed including the following items: 1. A Memorandum from the First Selectman regarding Adam Bonito; 2. Eugene Crawford letter of resignation to the First Selectman; 3. A letter from Curtis Bosco ZEO of Middlebury regarding regulations; The Commission asked these regulations be sent to them via email. 4. A letter from Frank Talarico of 119 Quanopaug Trail regarding business; 5. The Planning and Zoning Quarterly letter; the Commission asked this be sent to them via email. 5. Letter of Dawn Paft of 29 Main Street South regarding the Connecticut Antiques Trail Flags; 6. A rough drawing regarding 113 Main Street South; 7. A letter Ken Farioni of 0 &G; 8. Tammy Fiske 280 Middle Road Turnpike regarding a lease agreement;

G. ADJOURNMENT

MOTION: To adjourn the meeting at 10:01 p.m. Made by Chairman Clarke Clarke

FILED SUBJECT TO APPROVAL Respectfully Submitted,

isa A. Schneider Zoning Commission Clerk

Copies of documents and meeting audio are available at the Land Use Office RECEIVED & FILED IN WOODBURY, CT

thy of.h.)0V 20 .1L1_ P M o'clock Town Clerk November 10, 2014

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