Town of Willington
Planning and Zoning commission
40 Old Farms Road
Willington, CT 06279
Meeting Minutes of April 4, 2006
Public Hearings called to order at 7:30 PM by Chairman Latincsics.
Roll Call:
Members Present: P. Latincsics, Chairman
M. Ellis, Vice Chairman
A. Marco, Secretary
T. Murphy
P. Nevers
N. Gray
R. Tulis
Members Absent: D. Ridzon
Also Present: Susan Yorgensen, Planning and Zoning Agent
No alternates seated.
1. File #2006-11 – Application for a Special Permit to operate an adult retail store on property at 15 River Rd (Map 5, Lot 3, Zone DC) Owner: Amy Moore; Applicant: Christopher Ferrone. (Received 2/7/06; Public Hearing on 4/4/06; Decision by 6/6/06)
Mr. Ferrone presented his application for “Smoke-N-Leather” to be opened in Willington. He explained that he currently has a store in Enfield, CT and wished to open a second store in Willington. He stated that he chose the location of 15 River Road due to the stores that currently exists in that plaza, including the Eagle and the tattoo shop which will be opening shortly. He said that the location fits his demographics. Mr. Ferrone went on to say that he will be selling leather items, tobacco, t-shirts, magazines, fantasy weaponry, and adult entertainment items.
P. Latincsics asked Mr. Ferrone if he feels that his application is complete. Mr. Ferrone said he does.
A. Marco asked how many square feet the store is. Answer- 2500 square feet.
Question- is that the same amount of space that the Enfield store is? Answer- yes.
Question- How many customers frequent the store each day? Answer- approximately 25 per day. Question- What will the hours of operation be at the Willington store? Answer- 11:00 AM to 11:00 PM, Tuesday through Sunday. Question- Do you feel that you will have adequate parking? Answer- yes, going by the amount of business that was done in the past at other business that have been in that plaza there has been enough parking.
N. Gray asked if there had been any incidents involving the police at the Enfield store. Answer- There were two times that the store was broken into.
T. Murphy asked will there be window displays. Answer- No, you will not be able to see into the store. The windows will be painted.
M. Ellis asked how the store plans to keep out children under the age of eighteen. Answer- Customers will have to have their identification checked at the door. Question- How will the store be set up to check identification? Answer- The cash register will be 20 feet in from the door and centrally located in the store and there will be cameras set up on the second floor. Question- How many staff members will be working at a time? Answer- There will always be two staff member working.
R. Tulis asked Mr. Ferrone to define fantasy weaponry. Answer- Weapons that do not have sharpened blades that may have been featured in films or that a person would use to put on display in their home. Question- Will you be selling whip cream and propellants? Answer- Whip cream will be sold, which contains nitrous oxide in the cans, but propellants will not be sold separately. Question- Would you be willing to rearrange the store if the board has suggestions of how to more effectively keep out someone under eighteen? Answer- Yes. Question- Would you make compromises as to what items you would sell if the board has objections to particular items? Answer- Yes.
Meeting was stopped to move to a larger space to accommodate the public.
Meeting resumed upstairs, P. Latincsics open the meeting for public comments.
Donna Cook- 77 Common Rd, stated that she was opposed to the “Smoke-N-Leather” store opening in Willington. She said that she feels that the items they are selling are illegal. She went on to say that she has been told that the items the store is selling are the items she has been told to look out for in her children’s rooms as a sign that they are using drugs. She also stated that she is concerned about how close the store will be to the middle school.
Ed Ouellette- 28 River Rd, stated that he is not in favor of the “Smoke-N-Leather” store opening in Willington. He asked the board to consider what will happen if the store is allowed to open. He went on to say that Willimantic and Manchester are both struggling with adult entertainment because they let one store open and now they can not deny others.
Tom Smith- 16 Cosgrove Rd, stated that he feels that if this store opens it will enable illegal activity to take place in Willington. He stated that he feels that the “Smoke-N-Leather” store is fundamentally wrong and asked the board to just say no even if they have to go to court. Mr. Smith went on to say that the town would support the board in a court hearing.
John Davies- 57 Common Rd, stated that he feels the location of the smoke shop is too close to a school. He asked the board to request a background check from Enfield to see if they have had any incidents with the “Smoke-N-Leather” shop there.
Mike Eldredge, First Selectman, 14 Clint Eldredge Rd, stated that he visited the store in Enfield and was appalled by the items that were being sold. He said he felt that they were extremely sexually explicated and that the weaponry looked dangerous. He said that the magazines in the shop encouraged the used of marijuana. Mr. Eldredge went on to say that this is not the type of store that he would want his grandchildren to have access to.
Ken Metzler- 32 Baxter Rd, stated that he lives near the Eagle and it is always crowed and noisy with approximately 300 bikers there at night. He said he is woken up at night when the bar closes and all the bikers begin to leave. Mr. Metzler went on to say that he does not want to see further deterioration of the area by adding this store to the plaza. He also stated that he feels that there will be no room for additional cars to park with all the bikers using the lot presently.
David Raines- 66 Lusting Rd, stated that he move from North Caroline to Willington because of its small town character. He said that he does not want the town to change and become a dangerous place for children. Mr. Raines read several sections of the Planning and Zoning codes including the boards’ requirements to evaluate each special permit, including doing background checks, as well as making sure a business is in harmony with the area.
Andrew Marco asked if anyone was present to speak in favor of the “Smoke-N-Leather” store.
Paul Alson- 177 River rd, said that he feels that the store will not harm any children in Willington
Justin Martatis- 77 Marsh Rd, stated that he is in support of the “Smoke-N-Leather” store. He said that he has known the Ferrone family for years and they are good people. He went on to say that this is a family business that Christopher Ferrone’s father started and he is just trying to continue it to support his family. Mr. Martatis stated that all customers will have to show I.D. at the door and that the adult entertainment items will be kept on the second floor so they will not be seen by someone under 18 who tries to sneak in.
Dave Tumosa- 51 Cosgrove Rd, asked the board to think about what the store can bring to the town of Willington. He stated that he does not want other types of business like this allowed, such as strip clubs.
Frank Demaio- stated he is opening the tattoo shop in the plaza next to the Eagle. He said that he feels that parking will not be an issue due to previous business being able to provide adequate parking in the past. Mr. Deamo also stated that the Mobil station across the street from the shop already sells pipes and adult magazines and asked why the “Smoke-N-Leather” shop should be treated differently.
A. Marco asked if the store has internet sales. Answer-no
Dave Giller- 10 Depot Rd, stated that he is a probation officer and he knows what these types of products can do to a community. He said that he has gone into sex offenders homes and often finds the type of sexual toys that are being sold at “Smoke-N-Leather”. He went on to say that Willington is a small family community and does not want to see these items brought into town.
Jessica Alson- 177 River Rd, said that she is in support of the “Smoke-N-Leather” store. She stated that students will not be able to get into the store due to I.D.s being checked. She also said that she feels that the store will be successful due to having similar cliental as the bar and tattoo shop.
Christina Mailhos- 46 Hall Hill Rd, asked the board to think about what the store would do for the community. She stated that it would only bring in minimal tax revenue and would have not positive affects on the community.
Lauren Weisskopf- 41 Laura drive, stated that her daughter attends Hall Memorial School and she does not want a smoke store so close to where there is a school. She also stated that the items that are being sold promote drug use. Mrs. Wersticaucis stated that she is concerned that UCONN students will have easy access to the store which will cause more problems on campus.
Rick Mailhos- 46 Hall Hill Rd, asked the board to think about the direction the town is headed. He said that there have been several articles in the Hartford Currant about Willington residents on Pinney Hill being arrested for drug related offences and he does not want to see this continue.
Wilbur Gangaway, 10 Navratil Rd, stated that he is concerned with the windows of the shop being painted and not allowing people to see what is going on in the store. He said that police will have trouble monitoring the store when they drive by due to not being able to see in.
P. Latincsics stated that there were many letters written regarding the “Smoke-N-Leather” shop and they will be entered into correspondence as well as made a part of the applicants file.
P. Tulis asked if aromas will be sold. Answer- No
P. Latincsics asked first selectman Eldredge if he found out if there was and increased amount of police activity in Enfield due to the “Smoke-N-Leather” store there. Mr. Eldredge stated that he spoke with the first selectman in Enfield and he is looking into the issue and will report back to him shortly.
A. Marco asked Mr. Ferrone if he is required to hold any special permits in Enfield for the products he sells. Answer- No, he has a regular retail license.
M. Ellis asked Mr. Ferrone how the store will be set up. Answer- Leather goods and t-shirts will be in the front of the store, weapons will be at the back, there will be a step down to a lower level where the tobacco and smoking items will be. The second floor of the store will have the adult sexual items.
P. Latincsics asked Mr. Ferrone if he will be selling tobacco. Answer- Yes. Question- Do you have a permit to sell tobacco? Answer- Yes.
M. Ellis asked what type of sign will be displayed outside the shop. Answer- a one color 2x8 sign, the same as the previous tenant.
John Patton stated that he did not see a sign request in the application. He also stated that the parking plan in the application does not state what the business requires as to how many spaces. Mr. Patton said it is up to the state to determine how many spaces are required for a business.
P. Latincsics asked Mr. Ferrone if he feels the public hearing should be extended for any reason. Mr. Ferrone said he did not.
A Marco made a motion to close the public hearing. Second by R. Tulis, All in favor thus the motion carries.
P. Nevers asked if the police report and first selectman from Enfield’s comments can be entered into record when they are received. S. Yorgensen asked Mr. Ferrone if he has any objections to these items being added to the application. Mr. Ferrone said he did not.
P. Latincsics, stated that the board will not act on this application today.
A. Regular Meeting:
Regular meeting was called to order by Chairman Latincsics.
B. Roll Call
Members were seated as above.
C. New Business
1. File #2006-17- Application for 3-Lot Subdivision at 69 Clint Eldredge Rd. (Map 17, Lot 47) Owner/Applicant: Earl Eldredge (Received 3/21/06, Public Hearing (4/18/06, Decision by 6/20/06)
No action taken
E. Pre Application
None
F. Old Business
1. File #2006-12- Application for Modification of Special Permit to modify floor plan at 479 Tolland Tpke. (Map 21, Lot 20-1, Zone DC) Owner/Applicant: John Schneider (Received 2/21/06, Decision by 4/18/06)
No Action taken
2. File #2006-06- Application for a special permit for Day Care at 330 River Road (Map 30, Lot 31-A, Zone DNC) Owner/Applicant: Daniel R. Cote. (Received 1/17/06, Public Hearing 2/21/06, Decision by 4/18/06)
P. Latincsics stated that there in no need to act upon tonight, that they do not have any additional information. Will be continued to next meeting where lighting, parking, and buffers will be discussed.
3. File #2006-02- Application for a 14-Lot Re-Subdivision of Lot 1 on property on Mihaliak Rd. (Map 50, Lot 3) Owner/Applicant: Mary C. Litwinczyk & Litwinczyk Children, LLC. (Received 1/17/06, Public Hearing 3/21/06, Decision by 5/16/06)
R. Tulis asked if the signature block on the plans can be changes due to not having the right places for people to sign. R. Tulis also mention the need to discuss street lights in sub-divisions. He stated that currently the regulations required them, but stated this is something the board may want to rethink. In this sub-division there may be a need for a street light at the cul-de-sac but not along the entire road, due to car headlights being substantial enough to light the road way. R. Tulis also felt that it is important that homeowners be made aware of the conditions that their property was approved. That it should be written into the deed stating what the restrictions are that each property must follow.
A discussion continued regarding what conditions needed to be put on the application for approval.
P. Latincsics asked the board to email S. Yorgensen with any issues they have regarding the application so a draft motion can be written before the next meeting. S. Yorgensen reminded the board that all emails must be based upon what is being disused at this meeting.
4. File #2005-36- Application for 14 Lot Subdivision on property 22 Kucko Rd. (Map 42, Lot 8-1) Owner: Raymond Crossen; Applicant: R.F. Crossen Contr. (Received 11/15/05; Public Hearing 1/17/06 continued to 2/7/06 continued to 2/21/06; Decision by 4/18/06)
R. Tulis excused himself
Draft motion was handed out to the board members.
M. Ellis stated that the entire road should be moved onto Crossen’s property.
P. Latincsics read #1 of the draft motion: “The plans shall be revised to show the amount of footage required for the Town to have their 50 foot right of way parallel to Kucko Road along the applicant’s property. This shall be shown as the new Town right of way as required by Chapter VI, Section 2 of the subdivision regulations”
Discussion regarding motion #1 took place.
P. Latincsics read #2 of the draft motion: “Kucko road shall be improved by the applicant 25 feet from the new center line of the right of way towards the applicants’ property along the entire frontage as required by Chapter VI, Section 2 of the subdivision regulations.”
Discussion took place regarding where paving should be done on the dirt road meeting the paved road.
The board decided that they should vote whether to deny to application of approve it with conditions.
P. Nevers said he felt it was better to deny the application.
N. Gray said he felt it was better to deny with specific reasons so the applicant can reapply at another time.
T. Murphy said he agrees with N. Gray.
A. Marco said he feels it is better to deny the application as it is currently submitted as the road needs to be improved and the board does not have the engineering knowledge as to how to best fix it.
M. Ellis said it is best to deny the application as there are too many conditions that they would need to put on an approval.
P. Latincsics says he shares N. Gray’s concerns.
Continued to next meeting
G. Public Comment
J. Poole stated that the town of Stafford is in the process of changing its planning and zoning regulations which included stating that all retail stores need to be less than 40,000 square feet.
H. Minutes
T. Murphy made a motion to except the minutes from 3/21/06. Second by M. Ellis. All in favor, N. Gray and P. Nevers abstained. Motion carried.
I. Correspondence
1. Memo from Eastern Highlands Health District regarding “Smoke-N-Leather” shop stating it can be approved according to their regulations.
2. Letter from Russell H. Heinz asking for bond money back after use of gravel site.
3. Memo from state of CT Dept. of Environmental Protection regarding the CT Rural Fire Council
4. Article from Chronicle dated 3/27/06 discussing the “Smoke-N-Leather” shop
5. Letter from Alison Kuhn opposing “Smoke-N-Leather” shop
6. Letter from Margaret Winzler opposing “Smoke-N-Leather” shop
7. Letter from Ruth and Jonathan Roberts opposing “Smoke-N-Leather” shop
8. Letter from Janis Belair opposing “Smoke-N-Leather” shop
9. Letter from Debra Drake opposing “Smoke-N-Leather” shop
10. Letter from D. Luckey opposing “Smoke-N-Leather” shop
11. Letter from John and Carole Frassinelli opposing “Smoke-N-Leather” shop
12. Letter from the Bubloski family opposing “Smoke-N-Leather” shop
13. Letter from James and Tammy Dolce opposing “Smoke-N-Leather” shop
14. Letter from Bill and Denis Bierce opposing “Smoke-N-Leather” shop
15.Letter from Teresa Semerzakis opposing “Smoke-N-Leather” shop
16. Letter from Sue Thatcher opposing “Smoke-N-Leather” shop
17. Letter from Briana Bernardini opposing “Smoke-N-Leather” shop
J. Staff Report and Discussion
Site walk for Trask Road property scheduled for 5/2/06 at 6:00 PM
K. Adjournment
M. Ellis made a motion to adjourn at 10:12 PM. Second by A. Marco. All in favor, thus motion carries.
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