TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
SEPTEMBER 5, 2000
R. TULIS CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:31 P.M. SEPTEMBER 5, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
R. Tulis L. Dion (excused)
A. St. Louis S. Kneeland
E. Kalbac D. Cushman
B. Begansky W. Goodale, alt.
D. Lytwynn, alt.
S. Trueb, alt.
S. Yorgensen, zoning agent
L. Decker, recording clerk
The commission seated D. Lytwynn for D. Cushman and S. Trueb for S. Kneeland.
ADDITIONS TO THE AGENDA:
None.
NEW BUSINESS:
1. File #2000-38-Application for a modification of existing site plan for an addition and a water storage tank located at 136 Pinney Hill Road, Village Springs Corp. in a DCR zone. Village Springs Corp. owners/applicants. (Received on 08/15/00, hearing or decision by 10/17/00).
Christine Stetson of Village Springs submitted newly revised plans of the proposed building and noted the word "warehouse" had been removed from the building. The plans call for an addition to the existing bottling facility, not a "warehouse." She noted that the use will not change. The plans are still for the bottling of spring water and the addition will provide a new place for bottles to be put prior to shipping. The addition will be attached to the existing facility.
C. Stetson said the plans also call for installation of a water tank which has already been approved, but the size of the tank is being modified.
Sean Cassells of Village Springs said the plans submitted at the last meeting are no longer valid.
R. Tulis said the commission left this last time with a question as to whether or not a public hearing was needed, and whether or not the application could be received as is in the event this was not allowed within the regulations.
A. St. Louis asked what the new square footage will be.
Cesare Spagnuolo of Conceptual Construction, Inc. said the total will be approximately 10.5 thousand square feet.
R. Tulis said that is better than a 100% increase in total area.
C. Spagnuolo said the plans call for a metal building attached to the wood frame with the intention being to keep it as low-profile as possible. The colors and design used will blend in with the tree area. The roof will not be a galvanized steel, but rather painted. He distributed sample color cards and reviewed the overall design. This new construction will remain with the existing colonial-type image. Office space will be included.
R. Tulis asked about the stairs outside and if the building would be 2-story.
C. Spagnuolo said over the office there will be an extra few feet of storage area, but otherwise it is one level.
A. St. Louis asked where the water tank would be located.
C. Spagnuolo showed the area on the map and said it will only barely be visible over the building from the upper Pinney Hill Road side.
A. St. Louis asked about the size of the tank.
S. Yorgensen said what was originally approved was a tank 15 feet high, and it was a condition of the special permit.
S. Cassells said the proposed tank itself is probably about 33 feet high with a safety ladder on top which will bring it to about 36 feet.
Rob Cassells said the ladder is required by law, as are safety rails. The aim is to gravity feed the tank, and it will actually be set below the building level. It may likely not be seen at all from the road. If it were up any higher they would need a pump.
R. Tulis reminded the commission this was not a public hearing and this would all have to be discussed again if one is called for.
C. Stetson said she wanted the board to know that they have reviewed these plans with their closest neighbor and she has absolutely no problems with the proposal. She is aware they were appearing before the commission tonight, and has no complaints. The same goes for all the other closest neighbors. They are doing everything possible to make sure their neighbors stay informed on a continual basis.
R. Tulis asked if they had a line layout for the inside.
S. Cassells said they have an older one, but can provide a new one with no problem.
C. Spagnuolo said this plan will allow Village Springs to totally clean up anything outside which is now set on the dock or located in trailers. This will also eliminate the need for trailers.
S. Cassells said they can have the registered trailers and are currently leasing them. The goal is to not have them there at all.
R. Tulis asked the commission if a public hearing is warranted.
S. Trueb said it is a large addition and the public should have a chance to comment.
The commission concurred.
A. St. Louis said an outstanding question from the last meeting was that they needed to determine if they could accept this application...but it appears that has already been done.
R. Tulis said Gary had said this was a warehouse, not allowed in this zone, and said the commission could not receive it if it was not allowed.
S. Yorgensen said it was a matter of semantics. If the commission gets the application, fees, etc., it is received according to state statute. When Gary said it could not be received, he was thinking it was not allowed and wanted the applicants to be aware. Gary was considering the use.
R. Tulis agreed that was a concern, which is why a line layout for the inside will be essential.
S. Yorgensen said the commission also needs to realize is that this does not appear to be a change in use.
R. Tulis said that is correct. It is just a change in size.
S. Yorgensen said whatever use was approved before by this commission still applies.
S. Cassells reviewed the usage of the building and noted the height will be no taller than the existing building.
C. Spagnuolo said they have trumped their existing space and want to bring everything inside.
S. Cassells said having a wooden building is also not the best thing in the world. They have to wash it all down every day and worry about mold build-up. The new building will be much better.
R. Cassells said they also want to have the building look as good as possible, as they often bring in people for tours such as the Boy Scouts and Hall School children.
A. ST. LOUIS MOVED TO SET A PUBLIC HEARING DATE OF OCT. 11, 2000 FOR FILE #2000-38-APPLICATION FOR A MODIFICATION OF EXISTING SITE PLAN FOR AN ADDITION AND A WATER STORAGE TANK LOCATED AT 136 PINNEY HILL ROAD, VILLAGE SPRINGS CORP. IN A DCR ZONE. VILLAGE SPRINGS CORP. OWNERS/APPLICANTS. (RECEIVED ON 08/15/00, HEARING OR DECISION BY 10/17/00).
SECONDED BY D. LYTWYNN.
A. St. Louis said this is not a change in use, but because of the scope of the change a public hearing should definitely be held.
UNANIMOUSLY APPROVED.
2. File #2000-44-Application to modify an existing special permit for a rear lot off Parker Road (Map 16, Lot 3A). Perfetto Construction Co., Inc. owners/applicants. (Received on 09/05/00, hearing or decision by 10/17/00).
Attorney Samuel Schrager spoke on behalf of the applicants.
S. Schrager read from the original approval and conditions. By the conditions, prior to getting a building permit the applicants have to take out a bond which would include the cost of paving. The bond has to be held for 18 months after construction to make sure the driveway is under 10% and there is no erosion. His client has attempted to market this for two years and no one wants to buy it because they do not know what will happen and they could have to come up with money to do this. It makes the property unmarketable.
The commission reviewed the original site plan.
S. Schrager said the original minutes and a note from the town engineer show the driveway can be built under 10%. He submitted estimates for driveway construction and paving, and a letter from Filip Associates stating if the driveway is built to plans, it can be stabilized and there will be no erosion. Based on this information, they are asking that the 7th condition be deleted so this can be successfully marketed.
S. Yorgensen read old memos from Karl stating that there would likely be problems at the site. It appeared there would be problems with the driveway, so the PZC set these conditions on the special permit to ensure there would not be.
The commission discussed bonding and the topography of the site.
S. Yorgensen said the owners can just build the driveway, post the bond and then sell it.
S. Schrager said the problem is figuring the cost.
S. Yorgensen said that is not an issue the commission can consider.
The commission discussed options and potential release of the bond should the work be completed and deemed satisfactory.
R. Tulis said the 18 months seemed necessary to show that the seeding will take, vegetation will stay in place and a wet spring will not cause erosion.
The commission concurred that if stabilization could be proven prior to an 18-month period, release of the bond could be considered.
R. TULIS MOVED TO AMEND CONDITION #7 OF THE ORIGINAL SPECIAL PERMIT GRANTED 9/15/98 TO PERFETTO CONSTRUCTION CO. AS FOLLOWS:
THE COMMISSION MAY CONSIDER RELEASE OF THE DRIVEWAY BOND PRIOR TO THE END OF THE PERMIT'S REQUIRED 18-MONTH WAITING PERIOD IF THE DRIVEWAY IS CONSTRUCTED NOW, AND THE APPLICANTS CAN SUBSEQUENTLY PROVIDE PROOF TO THE COMMISSION PRIOR TO THE COMPLETION OF 18-MONTHS THAT THE DRIVEWAY IS STABILIZED, MEETS DRIVEWAY REGULATIONS AND IS FREE OF ANY DRAINAGE, SEDIMENTATION AND/OR EROSION CONTROL PROBLEMS.
SECONDED BY A. ST. LOUIS.
YES: R. Tulis, A. St. Louis, E. Kalbac, B. Begansky D. Lytwynn
ABSTAIN: S. TRUEB
3. File #2000-43-Application for a special permit for a gravel excavation located off Trask Road and Route 32 on 5.62 acres. (Map 29, Lot 4, 31 acres). Joseph Mihaliak owner/applicant. (Received on 09/05/00, hearing by 10/17/00, decision by 12/05/00).
B. Begansky said this application was previously denied without prejudice. Information given verbally and on the maps did not accurately coincide with what was observed at the sitewalk.
S. Yorgensen said the plan was also not complete.
R. Tulis said there was ledge at the site which was not addressed.
A. ST. LOUIS MOVED TO SET A PUBLIC HEARING DATE OF OCT. 3, 2000 FOR FILE #2000-43-APPLICATION FOR A SPECIAL PERMIT FOR A GRAVEL EXCAVATION LOCATED OFF TRASK ROAD AND ROUTE 32 ON 5.62 ACRES. (MAP 29, LOT 4, 31 ACRES). JOSEPH MIHALIAK OWNER/APPLICANT. (RECEIVED ON 09/05/00, HEARING BY 10/17/00, DECISION BY 12/05/00).
SECONDED BY D. LYTWYNN. UNANIMOUSLY APPROVED.
4. File #2000-37-Application for a zoning regulation change to include Municipal Services by special permit in all zones under Government Service in Use Regulations - Table 5.04. Town of Willington, applicant. (Received on 08/15/00, hearing on 10/03/00, decision by 12/05/00).
Public hearing scheduled for 10/03/00.
5. File #2000-36-Application for the modification of an existing site plan to include extension of fueling canopy, additional 10,000 gallon tank, and an additional dispenser for Travel Centers of America, 327 Ruby Road in a DC zone. Travel Centers of America/Adapt Engineering applicants. (Received on 08/15/0, hearing on 10/03/00, decision by 12/05/00).
S. Yorgensen said in response to questions the commission had at the last meeting, truck traffic concerns at the facility cannot be considered as part of this application.
Public hearing scheduled for 10/03/00.
6. File #2000-39-Application for a zoning regulation change to include Daycare Centers in an R-80 zone with a special permit. Kids Express Learning & Daycare, LLC, applicants/Barbara Merideth & Cheryl York, owners. (Received on 08/15/00, hearing on 10/17/00, decision by 12/05/00).
Public hearing scheduled for 10/17/00.
7. Amendments to Zoning regulations.
S. Yorgensen distributed a draft of the amended zoning regulations which include existing regulations, new changes that have been made and changes which the commission is considering. The commission needs to begin reviewing this so it can go to public hearing.
OLD BUSINESS:
None.
MINUTES:
A. ST. LOUIS MOVED TO ACCEPT THE MINUTES OF 8/15/00 AS AMENDED.
SECONDED BY B. BEGANSKY. UNANIMOUSLY APPROVED.
CORRESPONDENCE:
1. Aug. 8 letter from Windham Regional Council of Governments, re: Ashford regulation change
2. Aug. 21 letter from Robert Hisey, re: request for document copies
3. Aug. 21 letter from F. & L. Church, re: Dog odor from 38 St. Moritz Circle
4. July 12 letter from Kim Sweeney, re: unclean conditions at Rainbow Acres Campground
5. CC 8/30/00 Notice of Violation to Willington Board of Selectmen, re: school bus parking
6. CC 8/18/00 Legal Notice, re: denial of SBA's application of zoning compliance for driveway
7. CC 9/5 letter to Willington Town Clerk from PZC staff, re: kennel licenses
8. Flier from WRCG, re: 8/30 dinner meeting discussing town centers
DISCUSSION:
The commission discussed kennel licenses as per the 9/5 memo.
R. Tulis said the commission should schedule a sitewalk at Rainbow Acres based on complaints received.
S. Yorgensen said the closing date has not passed for RFP's for the Plan of Conservation and Development. A few people have expressed interest and proposals are expected.
STAFF REPORT:
S. Yorgensen said a Notice of Violation had been sent to the Board of Selectmen since the school busses are now illegally parked at the town hall, which is in a residential zone.
First Selectman John Patton said they are doing everything possible to remedy the situation as quickly as possible.
S. Yorgensen said the Truckstop has inquired about putting up another building. They were informed there are still many outstanding violations at the existing facility that need to be addressed.
A. ST. LOUIS MOVED TO ADJOURN THE MEETING AT 9:53 P.M.
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
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