TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF APRIL 16, 2002 REGULAR MEETING
St. Louis called the meeting to order at 7:32 at the Town Office Building, 40 Old Farms Road, Willington, CT.
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
S. Trueb, Secretary
W. Goodale (alt.)
D. Lytwynn
P. Nevers (arrived 8:24 p.m.)
D. Palumbo (alt.)
T. Radell (left 9:38 p.m.)
Members Absent: M. Ellis (alt.)
Also Present: Gary Jones, Assistant Planning-Zoning Agent
Sue Nimerowski, Recording Clerk
W. Goodale was seated for P. Nevers; D. Palumbo was seated for a vacancy.
PUBLIC HEARING
1. File #2002-15 – Application for a Home Occupation located at 91 Luchon Road for a Massage Therapy Practice for Women (Map 18, Lot 10 & 10A, 1.9 acres). Carol Springer owner/applicant. (Received on 03/05/02, Hearing on 04/16/02, Decision by 06/18/02.)
Carol Springer said she was a Registered Nurse and Licensed Massage Therapist, and would like to move her business from Mansfield, her location for 10 years, to her home on Luchon Road. She said she would see a maximum of 20 clients per week between 9:00 a.m. and 8:00 p.m. weekdays and between 9:00 a.m. and 1:00 p.m. on some Saturdays, a maximum of 5 days per week. She said the appointments would be l/2 to l hour long. She said there is parking for two cars in addition to a two-bay garage. She said there is currently a paved walkway from the paved driveway to the porch entrance where the business will be located. She said the porch entrance is not wheelchair-accessible since there is a step up to the porch, but she is not required by Federal law to make it so; she sees handicapped clients in
their own home. Ms. Springer corrected information previously submitted, saying her land consists of 1.04 acres instead of 1.9 acres. She said she had notified the abutting property owners and gave the receipts to Mr. Jones.
St. Louis asked the applicant about driveway access.
Ms. Springer replied that the sight line is quite good. She said there are wetlands in front of the house.
Tulis noted that a waiver was requested.
Radell asked the applicant if she would be complying with state regulations on handicapped access, and Ms. Springer said she would check with the Building Inspector.
St. Louis asked what equipment would be used in her business, and Ms. Springer said it would consist of a table and a couple of chairs. St. Louis asked if there would be any bathing or washing, and Ms. Springer replied no.
St. Louis asked Jones if Ms. Springer’s residence was classified as a mobile home, and Jones replied that it is classified as a non-conforming existing trailer.
Radell asked how privacy would be assured since the front porch faces the road, and Ms. Springer replied that she will use roll-down blinds to create a totally private environment.
Trueb asked if the porch is heated and insulated, and Ms. Springer said that if the application is approved, she will have it insulated and heat brought in from the house. If necessary, she said, portable heaters would be used.
Tulis asked if there would be a sign out front, and Ms. Springer answered no.
Gertrude Wakefield of 89 Luchon Road, asked the Commission about fire codes for portable heaters. St. Louis said the business would have to meet all state and fire codes and regulations.
Ms. Wakefield asked about the age range of clients. She said she wanted to know if children would be present and if so, where would they be during the sessions? Ms. Springer replied that she discourages clients from bringing children except for newborns, since the client cannot relax during the sessions. Ms. Wakefield asked if there would be a waiting room, and Ms. Springer replied no. Ms. Wakefield commented that she had safety concerns and was concerned that her insurance would be raised.
St. Louis asked the applicant if she wanted to keep the public hearing open, noting that once it was closed, no information could be added. Ms. Springer replied that she believed she had submitted all necessary information. Tulis asked if she would continue to pursue ADA requirements, and Ms. Springer replied that she would.
MOTION: To close Public Hearing on File #2002-15.
By: Tulis Seconded: Lytwynn
Result: Motion passes unanimously.
REGULAR MEETING
A. Call to Order
The Regular Meeting was called to order at 7:55 p.m.
B. & C. Roll Call/Seat Alternates
The same regular members and alternates were seated.
D. Public Speaker: Pat Wright, Baywood Kennels, 10 Moose Meadow Road, Proposal for an enclosed dog park and training area.
Pat Wright said she is looking to purchase a parcel from the Lee Dion’s for an enterprise to be called “Canine Country Village.” She said it would not be affiliated with Baywood Kennels. She said it would be a two-step process. She said a dog park would be the first step, with different amenities for fun and play. She said the present horse barn would be converted into a clubhouse for use in inclement weather; the building would have an office, rest rooms, and a hall for seminars and rescue information. She said she would like to use the area where the 3-bay garage stands now for an open field for the purposes of agility training, fly ball, and sheep-herding training. She said this area, on the other side of the road, would be for professional use. She said the
back of this area, near the woods, would be a pet cemetery. She said she is looking to put in a canine bakery and arts and craft facility. She said equipment for training would be sold there, but it would not be a regular retail pet store. She stressed that Daywood Kennels is only a neighbor to this proposed project and there would be no other connection between the two.
St. Louis asked if the present residence would still be used as a residence, and Ms. Wright replied no. St. Louis asked if the Commission had been contacted in the past about this parcel of land, and Ms. Wright said yes, that she had originally wanted to build a brand-new kennel there but has decided against it.
Mr. Dion explained that the property consists of 6 acres. St. Louis asked him if the house was on the historic registry or in a historic district, and Mr. Dion replied no. St. Louis said that this proposal would have to be reviewed, and that it is unclear where this type of activity falls within the regulations.
Jones asked Ms.Wright to submit the proposal in writing, and she replied that she would do so.
Tulis asked if this would be a commercial enterprise, and Ms. Wright replied it would be a not-for-profit enterprise paid for by donations and memberships; any profit would go to canine charities. Tulis asked if Ms. Wright had considered the parking issue, and Ms. Wright replied that there is plenty of off-road parking. Tulis asked about septic issues, and Ms. Wight said a new septic system would have to be installed. Tulis commented that a public hearing would have to be held before an application would be approved.
Ms. Wright said the enterprise would be set up in stages, and passed out copies of information.
Lee Dion said the proposal was presented in its entirety, a complete “wish list.” He said that if any items in the proposal were an obstacle to eventual approval of an application, feedback from the Commission and staff would be appreciated.
Nevers joined the meeting at 8:24 p.m.
E. Old Business
1. File #2002-6 – Request for a Zone Change at 61 Turnpike Road from Designed Industrial to Residential 80 and a Preliminary Site Development Plan (Map 45, Lot 6, 12.5 acres). Richard Dezso applicant, Mary Drew owner. (Received on 02/05/02, Hearing on 03/19/02 cont. to 04/02/02, Decision by 06/04/02.)
Palumbo recused himself from this application.
Goodale said he had walked the area today. He said Turnpike Extension is just graveled-out and a dead end road, and the only thing the town would have to do is to redesign and rebuild it. He said he thought it would be a nice residential property.
St. Louis said that we can’t condition a zone change – that the road would have to be upgraded to paved at the town’s expense. He said it’s not a good practice to undo what previous commissions have done. He said the current zoning of DI is consistent with the Plan of Conservation and Development.
Goodale commented that there would be no access for trucks if it was used as DI.
Tulis said the property should be looked at as part of a zone instead of just a 12-acre lot. He said he sees the appeal of the property becoming a residential lot but also sees the impact on adjacent properties.
Jones reminded the Commission of the charge given to the applicant, to show us the change would not affect the rest of the zone. He asked if the applicant has shown that, commenting that it would indeed affect the zone. He said there are a total of 38.l acres in Designed Industrial. When the zoning was changed in 1987, the area was looked at as a total package although there were several owners of the properties.
Tulis commented that we could also do what Manchester did and have an industrial park; it’s not out of the question.
St. Louis said we’d violate our own regulations by changing the lot in question back to R80, and then adjacent lots could also ask for the change.
St. Louis handed out some draft motions to the Commission members, noting that a vote was not required tonight.
Tulis asked Jones for a list of things to be considered for a zone change.
Jones said there are state statutes to consider as well as the POCD. He said this is a very difficult decision to make.
Discussion followed concerning the conditions under which an applicant has to address open space concerns, as well as when to consider property as a zone parcel or as an individual lot.
MOTION: To table Application #2002-6.
By: Lytwynn Seconded: Tulis
Result: Motion passes unanimously.
2. File #2002-15 – Application for a Home Occupation located at 91 Luchon Road for a Massage Therapy Practice for Women (Map 18, Lot 10 & 10A, 1.9 acres). Carol Springer owner/applicant. (Received on 03/05/02, Hearing on 04/16/02, Decision by 06/18/02.)
St. Louis said information was received on this application tonight in the Public Hearing.
Jones said we have several possible conditions for approval:
1. Any handicapped accessibility to be addressed by the Building Inspector.
2. Fire Marshall to approve.
3. No signage.
4. Annually renewable.
5. Submit licenses yearly.
Trueb said he has walked this property and there isn’t much room outside the driveway for walking around.
MOTION: To table Application #2002-15 to the next meeting on May 7.
By: Trueb Seconded: Radell
Result: Motion passes unanimously.
Radell left the meeting at 9:38 p.m.
F. Minutes
St. Louis proposed a change on page 2 of the 04-02-02 minutes: last paragraph, “to Rt. 71” should read “to Exit 71.”
MOTION: To accept minutes as amended.
By: Trueb Seconded: Goodale
Result: Motion passes unanimously.
G. Correspondence
1. Letter from Pat Wright requesting time to speak about dog park and training area
at the 04/16/02 P&Z meeting, dated 04/15/02.
2. Letter from A. St. Louis to John Patton, First Selectman recommending William
Goodale be appointed as a regular member of P&Z, dated 04/11/02.
3. Letter from the Windham Region Council of Governments Regional Planning
Commission, Re: Ellington Bed & Breakfasts, dated 04/04/02
4. Letter from the Windham Region Council of Governments Regional Planning
Commissions, Re: Ellington Building Setbacks for Large Enclosures
5. Letter from the Windham Region Council of Governments Regional Planning
Commission, Re: Stafford Separate Ownership of Duplexes in AA District
Correspondence was reviewed.
H. Discussion
There was discussion about the proposed dog park and training area. Jones noted that a road separates the property into two three-acre parcels. He said two permits would be needed. There was discussion about what this enterprise should be called and whether it could be called a club or not. Jones said the staff would have to review this proposal.
I. Staff Report
None.
J. Adjournment
MOTION: To adjourn the meeting at 9:53 p.m.
By: Trueb Seconded: Lywtynn
Result: Motion passes unanimously.
Respectfully Submitted,
Sue Nimerowski
Recording Clerk
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