TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
OCTOBER 17, 2000
L. DION CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:33 P.M. OCTOBER 17, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
L. Dion R. Tulis (exc.)
E. Kalbac B. Begansky
A. St. Louis D. Cushman
S. Trueb, alt. D. Lytwynn, alt.
W. Goodale, alt.
S. Kneeland
S. Yorgensen, zoning agent
L. Decker, recording clerk
The commission seated S. Trueb for R. Tulis.
PUBLIC HEARINGS:
1. File # 2000-46-Application for a special permit at Phelps Plaza in a DC zone for an environmental consulting office. C&S Willington LP owners/ENSR Corp., applicants. (Received on 09/19/00, hearing on 10/17/00, decision by 12/05/00).
Dennis Aria of ENSR Corporation spoke on behalf of the applicants.
D. Aria said the hope is to occupy 2000 square feet in Phelps Plaza which was formerly occupied by MycoScience. It is in the upper portion of the plaza. He distributed a drawing of the existing layout and planned changes. They are hoping to remove a couple existing interior walls and have a “Dilbert” office setup with cubicles. There will be about 10-12 people working there.
D. Aria said ENSR is an environmental consulting firm, which conducts research in the areas of soil science, wetlands, aquatics, etc. They do things such as the study of groundwater & soil remediation and wetlands delineation. ENSR was founded in the late 1970’s and they are now combining with an office from Massachusetts.
D. Aria noted they do no lab testing and samples are sent to certified labs. What they do is analyze the test results.
L. Dion asked if activity such as digging was done by ENSR or by contractors.
D. Aria said it is done by contractors and they have no construction equipment with their facility. They may have a couple boats for water samples, but they will not be kept on this property.
E. Kalbac asked for details on the blueprint.
D. Aria described the layout.
L. Dion asked if they were expanding on the 2000 square feet.
D. Aria said No, they are just planning to remove the interior walls, except for the bathroom.
S. Trueb asked what the production area was for.
D. Aria said it is for binding reports, copying, etc. They are not producing lab experiments. He noted they have also made changes to improve the lighting.
L. Dion asked if staff had any concerns.
S. Yorgensen said it is less intensive than what was there before and she had no concerns.
L. Dion asked if there would be any septic impact.
S. Yorgensen said the whole square footage of the office space is included in the original septic plan. This should require nothing further than what is there now.
A. St. Louis asked what their timeframe was.
D. Aria said they want the building permit as soon as possible and hope to move in in November. They are under a crunch with the other office closing.
S. Trueb asked if there were any problems with the proposed windows.
S. Yorgensen said that will fall under the building permit.
L. Dion asked if there were any questions from the public.
There wre none.
A. St. Louis said it looks like this could be a great asset to the town.
A. ST. LOUIS MOVED TO CLOSE THE PUBLIC HEARING FOR FILE #2000-46-APPLICATION FOR A SPECIAL PERMIT AT PHELPS PLAZA IN A DC ZONE FOR AN ENVIRONMENTAL CONSULTING OFFICE. C&S WILLINGTON L.P. OWNERS/ENSR CORP., APPLICANTS. (RECEIVED ON 09/19/00, HEARING ON 10/17/00, DECISION BY 12/05/00).
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
2. 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 Meredith & Cheryl York, owners. (Received on 08/15/00, hearing on 10/17/00, decision by 12/05/00).
Same members seated as above.
S. Yorgensen reviewed the info that came in from Mark Branse, the applicants and the WRPC. A letter has also been received from an abutter.
The commission reviewed the info in the file.
B. Meredith said they are hoping to change from their current group home status which allows them 12 kids or less, and increase to a Daycare Center status which is limited by the square footage of the facility.
C. York said they have been operating for 1.5 years as a group daycare with 7-12 kids. They want to increase their status, which is in the town’s best interests, and they are asking the board to change the Use Table in the regulations to allow Daycare Centers in an R-80 zone.
L. Dion asked Ms. York if she had seen the letter from Attorney Branse.
C. York said Yes.
L. Dion said the attorney’s language and the applicant’s submittal look very similar.
C. York said it is pretty much the exact same, though they have tried to address their specific situation in the language also.
L. Dion asked the total square footage of useable space.
C. York said they have 968 useable square feet. Useable is determined by the total square feet less furniture, less tables, less chairs. That is what the state uses to determine their total capacity. They currently require 35 square feet per enrolled child, and Kids Express now has 12 kids. They are pre-approved by the state for 18 kids if these regulation changes go through.
S. Yorgensen said the commission can make the numbers more stringent. They can have a lot more kids outside.
B. Meredith said they cannot have them inside, however.
L. Dion asked the total property size.
C. York said it is about .79 acres.
L. Dion asked how many kids they want to accommodate.
B. Meredith said 18, but in the language they are asking for 30 to save time down the road in case they want to put on an addition. But right now they really just want 18.
A. St. Louis said the commission must look at the whole picture.
B. Meredith said she understands that, but just wants the commission to know why the number 30 is in there.
A. St. Louis asked if they were proposing to eliminate adults.
B. Meredith said they are requesting nothing for adults. Their license is for kids ages 3-12. They re not requesting anything for adults in this application.
S. Yorgensen said the issue of adults was part of the previous application, which was withdrawn. The language Mark has drafted is based on the concerns the commission had previously.
A. St. Louis asked if there was somewhere in the regulations the issue of adults could be dealt with.
S. Yorgensen said Yes, but it is not in this application.
A. St. Louis asked how many kids could be in a daycare center on, for example, a 2-acre parcel.
C. York said it depends on the size of the building.
A. St. Louis asked about a 2000 square foot building.
C. York said it must be calculated minus furniture, bathrooms, the kitchen, closets, etc. It must be space the kids can access.
B. Meredith said only spaces where they can stand and sit are considered useable.
S. Yorgensen asked if the 968 square feet was useable, or the house total.
C. York said it is the whole house.
S. Yorgensen calculated that they have about 630 useable square feet now.
A. St. Louis said that is about 2/3 of the home.
C. York said that is the way they are set up now.
The commission discussed useable space.
L. Dion said in asking for 30 kids, is that 30 people enrolled at one time, or can they have 50 people enrolled but can only have 30 there at one time?
C. York said it is correct they can only have 30 there at any one given time.
B. Meredith said they have 12 now, but sometimes there are only 4 kids there because of bus schedules. Last year they had a lot of disappointed parents because they were turned away in the summer and could not come back until fall.
L. Dion said he does not disagree that there is a need, but the commission must fit the need within the zone and must determine what is good for the town. He asked about drop-off access.
C. York said the driveway is set up now with 4 spaces to the right off the main drive and 3 on the left. Honestly, so far, they have had no issues with parking at all. They have 3 staff members and the parking is ample. There have been no concerns.
L. Dion said parking issues will be more of a concern at a special permit hearing, not for a regulation change. He asked about the drop off area requirements in the regulations.
S. Yorgensen said the application is stated directly from the attorney’s language.
L. Dion asked for clarification of 18.15.01.
B. Meredith said it was taken right off the attorney’s wording.
S. Yorgensen reviewed Mark’s letter.
L. Dion read the 09/06/00 letter from the Windham Regional Council of Governments into the record and said he also questioned the transition areas.
L. Dion read the abutter’s letter dated 10/16/00 into the record.
E. Kalbac asked if that abutter was across the street.
C. York said that property has been a vacant lot for some time now.
S. Yorgensen said the person who wrote the letter is a stewardess and is not home a lot.
L. Dion said the location is at 219 River Road.
C. York said it has been vacant since they have been operating.
S. Trueb asked about the buffer.
B. Meredith said there is a tree line.
C. York said there are shrubs also, which go all the way to the road.
L. Dion said those concerns would fall under a special permit.
C. York questioned the fact that the abutter’s letter said they were going to re-zone.
L. Dion said this is not a rezone, and that misunderstanding is the disadvantage of the writer not being at the hearing.
A. St. Louis said he thinks his only concern is limiting the numbers.
L. Dion asked if there were any questions from the public.
Geraldine Ouellette of 211 River Road said she lives next door and would much rather hear kids playing than the traffic. They do not find the business a disruption. She asked if there was anything they would need to do regarding their property if this goes through, or if the resale value of their property would change because of this.
S. Yorgensen said from a zoning perspective it is not affected, however, she cannot speak for what an appraiser might say. This is not a zone change, and nothing, regarding their property, will change if this goes through. They are in an R-80 now and that will stay.
A. St. Louis said this would probably be addressed with a special permit, but are there any hours of operation restrictions?
C. York said they are defined on their current special permit.
A. St. Louis asked if there were any provisions in the state statutes that would allow them to be open 24 hours a day?
C. York said they would need a special license and a “night endorsement” to do that. That is where adult care comes in.
B. Meredith said there are many different licenses.
C. York described their license restrictions.
A. St. Louis asked if daycare centers were licensed differently than group homes.
B. Meredith said there are different types of licenses they can apply for, such as newborns, toddlers, etc. Weekend care also requires a special license and in each case, they must meet the state’s criteria.
A. St. Louis said he was wondering if any of this needs to be included as part of a regulations specification. He is asking because in a residential area, neighbors will not want people picking up their kids at 11 p.m.
C. York said they would not want the kids there at that hour either.
A. St. Louis said he knows it is not a concern for them, but it may be for someone down the line if the regs change.
S. Yorgensen said the commission needs to look at things Mark left open. The applicants are requesting 75 square feet per child because that is what the state requires, but the commission can increase that. Per the state regs, if someone has 2 acres and a house big enough with enough useable space, they can have 1164 kids. She wants the commission aware of this so if they do adopt this, they may consider a higher requirement than 75 square feet per child.
S. Yorgensen reviewed the WINCOG issue. She said 9000 feet is a lot. It would make sense to reduce it to 1000 feet and add provisions such as “or along a state route having existing mixed uses.”
The commission discussed transitional areas.
S. Yorgensen reviewed parking issues and possibilities as written in the table.
L. Dion asked if there were any questions from the public.
There were none.
A. ST. LOUIS MOVED TO CLOSE THE PUBLIC HEARING FOR 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 MEREDITH & CHERYL YORK, OWNERS. (RECEIVED ON 08/15/00, HEARING ON 10/17/00, DECISION BY 12/05/00).
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
L. DION CALLED THE REGULAR MEETING TO ORDER AT 8:45 P.M.
Same members seated as above.
1. File #2000-51-Application for a modification of an existing special permit to include additional storage for the Alternative Spoke located at 15 Phelps Way (Phelps Plaza). Robert Jeffries, applicant/C&S Willington, L.P., Owners. (Received on 10/17/00, decision by 12/05/00).
Rob Jeffries said he is a resident of Marlborough and is purchasing the business known as Alternative Spoke, located at Phelps Plaza. It is the separate building, and is in the business of selling bikes & accessories, and also doing repairs. The current permit dated October 1994 calls for use of the first floor only. He is hoping to keep that area as sales space and use the second floor for storage. The upstairs is approximately 777 square feet, not including the halls. There cannot be any sales on the second floor due to the stairs.
L. Dion asked what would be stored up there.
R. Jeffries said it would be bikes, mostly in crates, since they come that way.
S. Trueb asked about the stairs.
R. Jeffries said there are two sets, both outside. There is a letter submitted with the application, and while he only anticipates use of one room upstairs, Gary Jones suggested it would make more sense to apply for use of all the space now since it is empty. He also submitted a rough floor plan.
S. Trueb said the person who ran this before repaired bikes on the first floor. He asked Mr. Jeffries if he planned to also do repairs on the second floor.
R. Jeffries said he would not anticipate much, since he will be hauling things up and down. However, he may do some assembly upstairs, since that is where the crates will be.
A. St. Louis welcomed Mr. Jeffries to Willington, and asked what his hours of operation would be.
R. Jeffries said right now he wants to keep them as they were, which is Monday-Saturday, 10-4, and two evenings till 8p.m. Possibly, due to the nature of the business, he may switch a Sunday for a Wednesday, but he does not anticipate being open 7 days.
A. St. Louis said he is sure Mr. Jeffries is aware, but since the commission has run into this in other places in town, - the upstairs cannot be used for living quarters.
R. Jeffries said that is not expected.
Tony Intino, II, of C&S Willington, said it is stated in the lease that there can be no living quarters.
A. St. Louis said he was just mentioning it because there were two cases recently.
E. Kalbac said years ago, that building housed Fenton River Typing, and there were internal stairs.
T. Intino described the layout of the house.
A. ST. LOUIS MOVED TO APPROVE FILE #2000-51 TO MODIFY THE EXISTING SPECIAL PERMIT AT 15 PHELPS WAY (ALTERNATIVE SPOKE) TO ALLOW FOR USE OF THE BUILDING’S SECOND FLOOR FOR ASSEMBLY AND STORAGE OF BICYCLES AND OTHER RELATED ITEMS.
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
2. 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, 65-day extension requested and approved, Hearing on 11/21/00. Decision by 01/16/00).
3. File #2000-47-Application for a special permit for a daycare center at 215 River Road in an R-80 zone. Kids express Learning & Daycare, applicants/Cheryl York & Barbara Meredith, owners. (Received on 09/19/00, Hearing on 11/21/00, decision by 01/16/01).
4. File #2000-49-Application for a 5-lot subdivision located off Michalec Road (Map 55, Lot 1C, 28.37 acres). Joseph E. Mihaliak, owner/applicant. (Received on 10/03/00, Hearing on 12/05/00, decision by 02/15/01).
5. Amendments to the zoning regulations. (Public hearing on 01/16/01).
OLD BUSINESS:
1. 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 08/15/00, Hearing on 10/03/00, decision by 12/05/00).
S. Yorgensen distributed a draft motion for the commission to review and noted no vote could be taken tonight since Scott is recused from the issue.
L. Dion said the motion does appear to address the items that were discussed at the hearing, including parking restrictions over the fuel tanks, traffic and litter control. He asked about signage.
S. Yorgensen said the traffic engineer should encompass signs in his report.
The commission reviewed the motion.
E. Kalbac said regarding the markings over the tanks, people will park there anyway, as will trucks that are unloading.
S. Yorgensen said if it is X-ed out it may curb some people from parking there. Striping may help, and it certainly won’t hurt.
L. Dion said they (TA) have adopted a cavalier attitude and they let stuff go until the commission yells.
2. File #2000-38-Application for a modification of existing special permit including 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 on 10/11/00, decision by 12/05/00).
S. Yorgensen said no decision can be made tonight, and Emil & Lee will be given the tapes of the public hearing to review.
S. Trueb said he looked at the property, and a little planting could go a long way.
A. St. Louis said the problem is that everything they plant becomes vegetation for deer. Considering the zone this is in, he would like to see the building a little more aesthetically pleasing.
S. Trueb said they were planning on coloring it brown with a green roof.
S. Yorgensen said the commission can require that it conforms to architecture in the surrounding neighborhood.
The commission discussed the architecture in the surrounding neighborhood.
3. File #2000-46-Application for a special permit at Phelps Plaza in a DC zone for an environmental consulting office. C&S Willington L.P. owners/ENSR Corp., applicants. (Received on 09/19/00, hearing on 10/17/00, decision by 12/05/00).
L. Dion said he thinks a business like ENSR is exactly what the town would like to see in there. It is low impact, quiet, and environmentally friendly.
A. St. Louis said his only concern is impact on the toilet facilities with the increase in people. He asked if there was anything in the building code to govern that.
S. Yorgensen said the building inspector will require handicap restrooms if they are required.
E. Kalbac said this is a good business for the town.
A. ST. LOUIS MOVED TO APPROVE FILE #2000-46-APPLICATION FOR A SPECIAL PERMIT AT PHELPS PLAZA IN A DC ZONE FOR AN ENVIRONMENTAL CONSULTING OFFICE. C&S WILLINGTON L.P. OWNERS/ENSR CORP., APPLICANTS. (RECEIVED ON 09/19/00, HEARING ON 10/17/00, DECISION BY 12/05/00) WITH THE FOLLOWING CONDITIONS:
1. THE PERMIT SHALL BE ANNUALLY RENEWABLE
2. SIGNAGE SHALL COMPLY WITH THE REGULATIONS AND BE CONSISTENT WITH EXISTING SIGNAGE IN THE PHELPS PLAZA COMPLEX.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
4. 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 Meredith & Cheryl York, owners. (Received on 08/15/00, hearing on 10/17/00, decision by 12/05/00).
A. St. Louis asked what FA was in the proposal.
The commission determined it should be DNC.
A. St. Louis said he was concerned about the “no more than 30.”
S. Trueb said he feels that is a little high.
A. St. Louis asked if all the changes they are applying for would apply to daycare centers in all zones.
S. Yorgensen said it would just be for those in residential zones.
The commission discussed street classifications.
The commission tabled further discussion.
MINUTES:
Deferred.
CORRESPONDENCE:
1. 9/29/00 Plan of Development update proposal from Clough, Harbour & Associates.
2. 9/28/00 Plan of Development update proposal from Planimetrics.
3. 9/26/00 Plan of Development update proposal from William Warner, AICP.
4. 9/28/00 Memo from Mark Branse, re: Public Hearing Procedures.
DISCUSSION:
The commission did a brief overview of the proposals.
S. Yorgensen said most towns are paying up to $100,000 over a period of one to three fiscal years. She asked how often the commission actually uses the plan.
L. Dion said it is mainly used when a controversial issue or volatile situation arises.
S. Yorgensen said the plan should be down-to-earth and work well for the town.
L. Dion said there was a recent photo in the Hartford Courant of a cell tower, which was completely enclosed inside the steeple of a church.
S. Yorgensen said the commission can have the same type of requirements here if that is what they want.
STAFF REPORT:
None.
PLAN OF CONSERVATION & DEVELOPMENT:
Reviewed under discussion.
L. DION MOVED TO ADJOURN THE MEETING AT 10:00 P.M.
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
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