TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
NOVEMBER 21, 2000
E. KALBAC CALLED A MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:34 P.M. NOVEMBER 21, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
E. Kalbac R. Tulis (exc.)
A. St. Louis L. Dion (exc.)
B. Begansky S. Kneeland
D. Lytwynn, alt. D. Cushman
S. Trueb, alt. W. Goodale, alt.
G. Jones, assistant zoning agent
L. Decker, recording clerk
E. KALBAC MOVED TO APPOINT A. ST. LOUIS AS TEMPORARY CHAIRMAN FOR THE MEETING.
SECONDED BY A. ST. LOUIS. UNANIMOUSLY APPROVED.
The commission seated D. Lytwynn for R. Tulis and S. Trueb for L. Dion.
PUBLIC HEARINGS:
1. 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).
A. St. Louis reviewed the public hearing process.
C. York said she & Barbara Meredith currently own & operate the Kids Express facility at 215 River Road. Their intent is to increase their capacity from 12 to 18 children. An informational packet has been submitted on the facility and proposal that shows how the state determines what is allowed, based on the square footage of the facility. There is also a letter saying the septic is operating efficiently. By changing from the current group home status to daycare center status they can increase to a maximum population of 18 children based on the square footage.
C. York said the site plan is included, and the only proposed change inside is that they must add one toilet and one sink. There are no changes to the outside of the premises.
S. Trueb asked for detail on the bathroom change.
C. York said they will remove the existing tub, which cannot be used now anyway, and a toilet and a sink will replace it.
G. Jones said the change is an upgrade from what was previously approved and there is a letter in the file.
A. St. Louis asked if they needed sanitation certification.
G. Jones said not that he is aware of.
C. York said there was no laundry or bathing facility on the site.
The applicants noted the sanitarian had been out to check the site.
A. St. Louis read letters of support into the record which have been received by the
Zoning office.
A. St. Louis said the commission has a regulation change pending which must be acted upon before this file can be decided.
E. Kalbac asked about the inspection report dated 04/07/99 and asked if there would be enough room for 18 kids.
C. York said yes, and described how the state calculates the numbers to determine capacity.
B. Begansky asked for further details on the total square feet and current numbers.
C. York said the state regulations currently limit them to 12 people on site because of their group home status, and that cannot be increased without obtaining daycare center status.
A. St. Louis noted that the letters from the public mentioned a zone change, but that is not what is currently being considered with the file. This is for the special permit. He asked if there were any comments or questions from the public.
Elizabeth Gilpatrick, property owner in Willington and member of the Willington Business Association said she has known the applicants for 20+ years and can attest to their integrity and honesty. They are great with kids. She has spent time at the facility and it is amazing to watch. Anyone who stops in would not be able to say No to this. There is a need for it within the town – a big need – and the commission now has the opportunity to present a great opportunity to the town in which parents will be able to drop off their kids within the town and not have to worry about their well-being. She noted there were other WBA members present in support of the application.
The commission asked about parking and hours of operation.
C. York said they would be open 7:30 a.m. – 5 p.m. Monday – Friday. Parking is addressed on the site plan and the regulation table regarding parking ratios is included.
The commission reviewed the file.
S. TRUEB MOVED TO CLOSE THE PUBLIC HEARING SECONDED BY D. LYTWYNN. 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 01/16/01).
Russell Heintz of Tarbell, Heintz & Associates of 290 Roberts Street in East Hartford spoke on behalf of the applicant.
R. Heintz said the property in whole is about 31+ acres and they are proposing a gravel excavation on about 5.6 acres. It is a two-phase project with phase one about 3 acres and phase two about 2.6 acres. It is on the south side of Trask Road and the east side of Route 32, near the old Abbey Road. It is abutted on the south side by the state DOT and a private owner.
R. Heintz said the IWWC delineation was done in 1998 and he showed it on the map. In no areas are they within the 100-foot wetlands buffer. He reviewed the stockpiles for stumps, topsoil, and storage areas for equipment both during operation and non-operation times. He showed the existing ledge outcrops on the map as well as the existing tree line and proposed final tree line. On sheet five there is a re-use plan for the property. When the excavation is done, it is to be loamed & seeded and left in a field situation. The proposal is to excavate 52,000 yards of fill, based on 25 truck loads a day. They hope to have it done, depending on need for product, by 2002.
R. Heintz said as far history of this project, last year they came in with a plan for the same parcel and the plan was much more extensive. There were 8 acres of disturbance and it went up to the limits of the buffer. The client did test holes and the plan was based on that. The town engineer and staff asked for more extensive testing and borings were done at a cross section of about every 100 feet, and it was determined the current plan is about the best that can be done. The problem last time was ledge and ground water levels and it was found that the commission’s concerns about those issues were correct. They have now cut down the amount of disturbance by at least half, and they have one outcrop. It is put on the map as “ledge to be removed.” The drainage calculations have been submitted to Karl for
review. The only change from the pans the commission has is the proposed plunge pool at the entrance and the 18” high-density pipe. Karl has requested a 30” pipe. That is the only change.
B. Begansky asked for a review of the drainage diagrams submitted.
R. Heintz reviewed the diagrams noting topography and water flow for both pre-construction and post-construction. He said the runoff will remain about the same, and it is designed for a 100-year storm.
A. St. Louis asked about the drainage pipe.
R. Heintz said they had proposed the 18” pipe because that is what the town, had delivered there, and that is what they were going to use. The 18” pipe can probably handle it, but they will use the 30” instead. He spoke with Karl today and he will be sending his report. One condition that was imposed on the applicant previously is that he must monitor the groundwater effects. This new plan has so much less impact that it will not be necessary, but it can certainly still be required.
A. St. Louis asked for a review of the reclaim.
R. Heintz said the regulations call for a slope of no greater than 3-1 and that is what is shown. The site is supposed to be useable when done. It allows access to the property. If someone wants to put a house there that will be possible, however the regulations do not require that that possibility be shown on the plans. The property will not be left in disarray.
B. Begansky asked about the ledge stuck in the middle and the comment “to be removed.”
R. Heintz said there is a gravel operation on Route 320 with a nice pillar of ledge, which is similar. It is he that is proposing it to be removed.
B. Begansky asked how big it is.
R. Heintz reviewed the test hole depths. It is kind of just a knob sticking up.
S. Trueb said it must stick out about 12 feet.
R. Heintz agreed. He said he is proposing it to be removed in order to make the reuse plan look as it does. It would be up to the applicant if he were to blast it.
Joe Mihaliak said he would hate to get too much into that because this is not a crushing operation. It would have to be blasted, and he is not sure the PZC would want that.
R. Heintz said it would not be unsightly. It is just a boulder sitting in the middle of a field.
A. St. Louis asked what the diameter was.
R. Heintz said it is about a 10-15 foot knob.
S. Trueb said he is concerned with the comment “to be removed.” It would be better to just say “ledge,” because if the commission expects it to go, and it is still there, it is a problem.
R. Heintz said water from Trask Road dumps onto this parcel, as does other town drainage. To make it easy for the town to maintain it, they have given a drainage easement. They will also rework the swale by the firehouse. The town engineer and the client have agreed on these things.
A. St. Louis noted that the abutter's green cards had been received.
G. Jones said the signs were put up for the public hearing.
A. St. Louis read a memo from Karl into the record.
R. Heintz said he spoke to Karl today and his (Karl’s) opinion was that if the public hearing was closed, his comments could be addressed by staff and would not be in conflict with the PZC.
A. St. Louis asked for comments from the public.
Peter Latincsics of 97 Trask Road said he was curious how close the gravel operation will come to Abbey Road, since that is their southern boundary.
R. Heintz reviewed the map and said the farthest limit to the east is about 500 feet to the centerline of Abbey Road. In the original plan it was about 50 feet, but it has been scaled back.
Ted Vonasek asked the limits to his abutting property.
R. Heintz said it is also less than before, and is within about 700 feet.
T. Vonasek asked what happens if 3 years from today they end up only 300 feet from his land.
R. Heintz said he should report it to the zoning office.
G. Jones said a Notice of Violation would be issued and may lead to a cease & desist order.
T. Vonasek said by the time that happens it is often too late.
G. Jones noted the area would be flagged.
R. Heintz said phase one must be completed first, and also, the permit must be renewed annually.
G. Jones said inspections are also done.
T. Vonasek said there were no inspections when a few years ago some trees were cut down. That is why he is concerned.
A. St. Louis said a logging permit had been obtained.
R. Heintz described the history of logging problems on the property and said there is a letter in the file from the IWWC. He noted the logging problems happened before Mr. Mihaliak owned it.
Christine Stetson of 45 Parker Road asked about the comment that there may be up to 25 truckloads per day.
A. St. Louis said that is what was stated.
C. Stetson asked if that would be 5 days per week.
J. Mihaliak said it is really a one-man operation and he is only running one truck. It would have to be a very short haul to use 25 loads in a day. It is more likely 12-15 loads, as that is the most that one man can likely do.
Sophie Parizek of 1 Trask Road asked if they would be using Trask Road to do all this hauling.
J. Mihaliak said definitely not.
R. Heintz reviewed the traffic flows that are noted on sheet 2 of the plans.
P. Latincsics asked what happens if at the end of the two-year operation the reuse plan is not done.
G. Jones said that is usually bonded. If it is not done, the town would call the bond and pay somebody to do it.
A. St. Louis asked if there was any condition on the length of the excavation.
G. Jones said he does not believe there is.
S. Trueb said phase one must be completed before phase two can begin.
R. Heintz said the property must also be stabilized.
S. Parizek asked about the stockpile of stumps, and if it would just be left there.
G. Jones said it has to be removed.
R. Heintz said it is a temporary stockpile. State statutes say that it can only be left there for so long. It cannot be left indefinitely.
B. Begansky said regarding the law of supply and demand, they have property, they have gravel, but they must find buyers. The buyers determine a lot of how long it takes to finish the operation. That is one reason why it is done in phases, so they will not disturb any more area than they can realistically move in a given time period.
A. ST. LOUIS MOVED TO EXTEND THE PUBLIC HEARING FOR FILE #2000-43- IN ORDER TO HAVE KARL AND STAFF FINAL REVIEW AND TO GIVE THE COMMISSION TIME TO REVIEW PLANS AND INFORMATION RECEIVED TONIGHT. SECONDED BY B. BEGANSKY. UNANIMOUSLY APPROVED.
A. St. Louis called the regular meeting to order at 8:35 p.m.
Same members seated as above.
NEW BUSINESS:
1. 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).
2. File #2000-57-Amendments to zoning regulations. (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. Trueb recused himself from this file.
D. Lytwynn noted that he was familiar with the information in the file.
G. Jones distributed summaries of questions, comments and concerns that arose during the hearing, which may be possible conditions if approved. Comments from commission Attorney Mark Branse were included also.
B. Begansky said the list seems to touch on all the hot spots discussed.
A. St. Louis said the issue of trash was a big one.
B. Beganksy said he agreed with the possible conditions. The commission cannot do it for them, but can certainly see that they get it done and done right.
D. Lytwynn said they should be made to comply with the conditions before being issued a permit. Once the fuel canopy is up they will have no motivation to comply with anything else.
The commission discussed enforcement options and the information in the file.
D. LYTWYNN MOVED TO APPROVE 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), WITH THE FOLLOWING CONDITIONS:
1) Pavement markings to be added to inhibit parking over fuel tanks. Plan will be submitted prior to construction and will be noted on the site plan.
2) Report to be submitted by a traffic engineer to review and resolve traffic problems created by the facility both internal to the site and off the site. Any suggestions regarding directional signs should be included as well. Report will be submitted to the commission prior to construction no later than a date to be determined by the ZEO. The report shall cover both current demand and growth potential. Once the commission has reviewed and approved the plans, the suggested improvements must be completed and a 30-day trial/review period must be implemented prior to the start of construction.
3) Submission of updated Site As built and approved by staff prior to a final Certificate of Zoning Compliance (CO).
4) All debris and litter on site and adjacent to the site, including the frontage along Ruby Road from the southern property line heading north and along the intersection of Turnpike Road and Lohse/Mihaliak Roads including the overpass, to be cleaned up. A litter control plan to be submitted and approved by the commission or its agent prior to a zoning permit being issued.
5) Criteria set forth in Stipulated Agreement shall be adhered to as well as all other conditions of modifications, conditions of IWWC permits and CO conditions. Any and all violations of aforementioned stipulations and conditions to be corrected prior to issuance of a zoning permit.
SECONDED BY B. BEGANSKY.
YES: A. St. Louis, E. Kalbac, B. Begansky, And D. Lytwynn
RECUSED: S. Trueb
S. Trueb was re-seated for R. Tulis.
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 owners/applicants. (Received on 08/15/00, hearing on 10/11/00, decision by 12/05/00).
A. St. Louis asked if everyone seated was familiar with the application.
Everyone concurred.
The commission reviewed a list of possible conditions for approval.
S. Trueb asked what Bristar referred to.
No one knew.
A. St. Louis said when a small business is intermingled with a residential area it is important that it blend in aesthetically. In this case he sees no problem because it is far off the road and there is a lot of screening.
S. Trueb said he feels the applicants went way out of their way to be sure that this would blend in.
The commission discussed the height of the water tank and the building.
G. Jones said 40 feet is the maximum height that anything can be in that zone.
A. St. Louis said he thinks there will be trailers outside.
G. Jones said if they are backed up to the dock they are not considered storage.
The commission reviewed the minutes and discussion regarding trailers and storage and noted that there may be a couple trailers on the property beyond the 6 at the loading dock, but they are not permanent storage and will likely be moved the next day with product.
The commission reviewed the maps and proposed building height.
A. ST. LOUIS MOVED TO AMEND THE EXISTING VILLAGE SPRINGS CORP. SPECIAL PERMIT TO REMOVE THE CONDITION REQUIRING A 15-FOOT WATER STORAGE TANK. SECONDED BY B. BEGANSKY. UNANIMOUSLY APPROVED.
E. KALBAC MOVED TO APPROVE THE VILLAGE SPRINGS PROPOSED INSTALLATION OF THE WATER STORAGE TANK FOR FILE #2000-38, WITH THE STIPULATIONS THAT THE TANK BE INSTALLED WITH ITS SAFETY LADDER TO A HEIGHT OF NO HIGHER THAN 40 FEET (APPLICANT SHOULD INVESTIGATE THE USE OF BRISTAR FOR THE INSTALLATION OF THE FOUNDATION) AND THAT THE TANK, SAFETY LADDER AND RAILING BE AT A HEIGHT BELOW THE RIDGE LINE OF THE ROOF ON THE ADDITION. SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
A. ST. LOUIS MOVED TO APPROVE THE VILLAGE SPRINGS SITE PLAN AS PROPOSED IN FILE #2000-38 WITH THE FOLLOWING CONDITIONS:
1) The tank with its safety ladder and railing shall be installed below the ridgeline of the roof of the addition at a height no greater than 40 feet.
2) There shall be additional trees planted within the buffer along the Pinney Hill Road boundary if necessary to create a year-round visual screen.
3) There shall be plantings added along the area of the ACE Equipment access road to provide screening for the village.
4) Exterior architecture of the building and water tank and building colors approved as proposed.
5) Report submitted by applicants’ engineer to demonstrate adequate storm water control capabilities, especially with respect to the leach field.
6) No permanent outside storage.
7) No exterior lighting was proposed or is approved. Any exterior lighting plan shall be submitted to the commission for review and approval.
SECONDED BY B. BEGANSKY. UNANIMOUSLY APPROVED.
3. 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).
B. Begansky was not present at the hearing and was not seated.
D. Lytwynn said he had listened to the tapes.
The commission discussed the square footage requirements.
G. Jones distributed a sheet listing comments from the commission, staff and attorney.
The commission reviewed the comments.
G. Jones said they need to establish an effective date of the change if it is approved.
S. TRUEB MOVED TO APPROVE AS PROPOSED, WITH THE RECOMMENDED CHANGES AND ADDITIONS, FILE #2000-39-APPLICATION FOR A ZONING REGULATION CHANGE TO INCLUDE DAYCARE CENTERS IN AN R-80 ZONE WITH A SPECIAL PERMIT. CHANGES TO BE EFFECTIVE 12/01/00. SECONDED BY D. LYTWYNN.
YES: A. St. Louis, E. Kalbac, D. Lytwynn, and S. Trueb
ABSTAIN: B. Begansky (not seated)
4. 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).
A. St. Louis said no action could be taken since the regulations change is not effective.
5. 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 01/16/01).
Public hearing was kept open.
MINUTES:
S. TRUEB MOVED TO APPROVE THE MINUTES OF 10/03/00, 10/11/00 AND 10/17/00. SECONDED BY B. BEGANSKY. UNANIMOUSLY APPROVED.
CORRESPONDENCE:
1. Year 2001 meeting schedule
2. 4/7/99 Initial inspection for Kids Express
3. 10/12/00 report from Fallon Water Analysis, Inc., re: Kids Express
4. 10/16/00 report from Skip’s Inc., re: Kids Express
5. Kids Express informational packet
6. 11/21/00 memo from K. Acimovic, re: File #2000-43
7. 11/13/00 memo from Board of Selectmen, re: Capital Project Update for FY02 & long range planning with copies of fiscal report
8. CC 11/15/00 letter to Bridgette Doty, re: Lot 27 Cemetery (Map 52, Lot 27)
9. CC 11/8/00 letter to Alexander Patnode, re: unregistered motor vehicles
10. CC 11/8/00 letter to Joseph Vesely, re: unregistered motor vehicles
11. 10/23/00 letter from WRCG, re: Land Use Education Series
12. CC 10/10/00 letter to DiSanto, Bertoline & Co. from Mark Branse, re: Annual Audit, Town of Willington, Fiscal Year ending 6/30/00
13. 11/3/00 Cease & Desist Order to Thomas Buccino, re: improvement of property as a commercial parking lot without permits
14. 11/3/00 Cease & Desist Order to Thomas Buccino, re: installation of parking spaces in a hazardous area
15. 11/3/00 Cease & Desist Order to Thomas & Irma Buccino, re: increasing non-conformity of property
16. 11/7/00 memo, re: 12/7/00 council meeting
17. Technology Transfer, October 2000
18. Land Use Law Update in Connecticut, re: December 12 & 13 seminar
19. 9/6/00 letter from WRCG, re: request to allow Municipal Services by special permit in all zones
20. 8/11/00 letter from WRCG, re: Ashford sign and site lighting regulations
21. 10/16/00 letter from Michael & Susan Yawgel, re: Kids express
22. 10/25/00 letter from Madelyn Mackovich, re: Kids Express
23. 10/23/00 letter from Donald & Kristen Pallanck, re: Kids Express
24. 10/13/00 letter from Nancy & William Menz, re: kids Express
25. 10/30/00 letter from David & Jeanne Pallanck, re: Kids Express
DISCUSSION:
A. St. Louis said a petition has been presented to the board of selectmen to park the school busses at the town hall. Legal opinion will be sought and a town meeting date will be set.
STAFF REPORT:
None.
PLAN OF CONSERVATION & DEVELOPMENT:
The commission discussed verifying the relevant experience with references listed and possibly having each bidder make a presentation to the commission.
Further discussion was tabled until the chairman and vice-chairman are present.
S. TRUEB MOVED TO ADJOURN THE MEETING AT 10:25 P.M.
SECONDED BY B. BEGANSKY. UNANIMOUSLY APPROVED.
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