Planning and Zoning Commission
40 Old Farms Road ~~~~Willington, CT 06279
April 18, 2006 - 7:30 P.M
Meeting Minutes
~Regular Meeting:
The regular meeting of Planning and Zoning was called to order at 7:32 PM by M. Ellis.
Members Present: Peter Latincsics, Chairman
M. Ellis, Vice Chairman
A. Marco, Secretary
T. Murphy
R. Tulis
N. Gray
P. Nevers
Members Absent: D. Ridzon
Also Present: Gary Jones, assistant planning and zoning agent
No Alternates Seated.
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 on 5/2/06, Decision by 6/20/06)
Public hearing will be held on 5/2/06
2. ~~~~File 2006-23 – Application for modification of site plan to add utility building to house water pumping & storage facility at 60 Old Farms Road Senior Housing Complex (Map 17, Lot 1, Zone DER) Owner/Applicant: Town of Willington (Received 4/18/06, Decision by 6/20/06)
Selectman John Patton and the applicant’s engineer, Jim Erickson from Lenard Engineering were present to discuss their application. Jim Erickson explained that the pump station will be placed off the main driveway in the 200 foot buffer zone. J. Patton stated that he was told by staff that they did not need to meet the regulations for the buffer zone due to the pump station being considered a utility building. J. Erickson went on to explain that the pump station will hook into the four wells which have already been dug. These will supply water for both domestic use and fire hook ups. The wells will meet the fire codes which require 12,500 gallons of storage and need to provide 250 gallons of water pressure for 30 minutes. The tanks will be underground and only two sides of the pump station will be
visible.
N. Gray asked if there were any concerns as to putting the pumps 75 feet from the wells. J. Patton said that the design was approved by the health district. N. Gray asked if the DEP will come out to inspect the pumps. J. Patton said they would.
T. Murphy asked if there will be a generator. A- Yes, there will be a propane generator.
Q- Where will the generator be? A- We don’t know if it will be above or below ground at this point.
R. Tulis asked if the plans include a way to refill the generator. J. Patton stated that there is an access road on the plans. Q- What do the heavy dashed lines represent on the map? A- They are the lease line for HUD. Q- Does the pump station need to be outside of that line? A- No, it just was the best place for the pump station. Q- There is no landscaping in the plan, is that something you plan to include? A- The landscaping has not been designed at this time. R. Tulis stated that he would like to see landscaping that would hide the pump station.
M. Ellis asked how much capacity the tanks and the wells will have. J. Patton stated that they will be able to supply water to the senior center, senior housing, cottages, town office building, Willington Hill fire dept. and Center school should there ever be a water shortage.
R. Tulis stated that the Planning and Zoning regulations state that no building should be placed within the 200 foot buffer zone. He voiced his concern that if the pump station is given approval than that may set a precedent for other utilities such as SBC. J. Patton responded that this utility building fit the exception because it provides a benefit to the surrounding area. The water system would allow for area buildings and homes to tap into the water system if there is ever a need.
P. Latincsics asked if the town engineer was involved in the planning of the water system. J. Patton stated that Karl is on the planning committee. Q- Is there any rush for the plans to be approved? A- Not right now, we feel that we have enough time before we need to move to the next step of building.
N. Gray asked where in the regulations it states that there is an exception for utility buildings. G. Jones said that he could not find it in the regulations but through staff discussion it was decided that there could be an exception.
R. Tulis asked if this application should go to ZBA. P. Latincsics stated that the applicants should seek advice from staff as to whether it needs to go to ZBA or not.
A. Marco asked what the proposed start date for the project is. J. Patton said that they would like to begin going out to bid by August; he said the process will take about three weeks. Once they have the bids in and start construction the deadline for a finish date is January 2007.
J. Poole asked if the public is allowed to ask questions due to this not being a public hearing. The commission discussed if this was allowed or not for several minutes. It was decided that the public could ask questions.
J. Poole asked how high the grade to the back of the building is. J. Patton stated that it is twelve feet and it will be a finished mound of dirt/grass when completed. Q- Where will the discharge from the wells go once the project is complete? A- It will be pumped into the sewage system.
Q- Is it stated in the original application that the water system will benefit the neighbors?
A. Marco stated that it is in the original application that it states the water system run by Burmingham Utilities is available for all town use.
The commission stated that the applicant needs to find out from staff if they need to go to ZBA then they need to come back to Planning and Zoning for final approval.
2.~~~~~~Request for bond release for sand & gravel operation on River Rd & Trask Road (Map 29, Lot 4) Owner: Margaret Harrison. Site walk 5/2/06 at 6 p.m.
Site walk will be held on 5/2/06
3.~~~~~~Review and approve the CIP for compatibility with the Plan of Conservation and Development.
R. Tulis stated that he did not get a copy of the CIP plan at the last meeting and was not able to discuss it or vote on it. P. Latincsics asked if R. Tulis could look it over during the meeting as a vote must occur tonight due to it going to a town vote at the next town meeting. R. Tulis said he would look it over. P. Latincsics said they will come back to CIP at the end of the meeting.
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)
The commission looked at the original and new floor plans. The applicant wants a special permit to add two new offices. G. Jones stated that the applicant has made other modifications in the past with out asking for proper permits. He suggested that the commission approve the new permits but require him to get approval for all of the modifications he has made previously.
N. Gray asked what the consequences are to the applicant for making changes without the proper permits. G. Jones stated that the property can be inspected to make sure it is up to code.
P. Latincsics asked if the application can be approved with conditions. T. Murphy asked if the commission can give him a time line. G. Jones stated that if the applicant does not comply with any conditions that the commission sets then they can send out a cease and desist order.
R. Tulis made a motion to approve the application on the conditions that a building inspector goes out to the property and the applicant gets permits for all the work he has done in the past with out permission and that the commission revisit the issue in four weeks time to see what the applicant has done. M. Ellis seconded the motion. All in favor, thus the motion carries.
P. Latincsics asked how this will be communicated to the applicant. G. Jones said he would send out a letter.
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)
A draft motion was read by A. Marco:
Motion to approve File #2006-06 – Application for a Special Permit for Day Care at 330 River Road with the following conditions:
1. Plans shall be revised to show a drop off area as required by Section 11.22.06 of the Town of Willington Zoning Regulations, to be reviewed and approved by the Town Engineer and/or Staff.
2. Plans shall be revised to incorporate changes requested by the Town Engineer in his March 17th 2006 memo including the gap in the lighting along the walkway.
3. Landscape buffer be supplemented along the north property line along the drive and turnaround. Plans revised accordingly.
4. Any technical revisions required by the Town Engineer or Staff shall be incorporated into the final drawings, to be reviewed and approved by said Engineer and/or Staff.
N. Gray stated that he was not at the public hearing for this matter but listened to the tapes.
M. Ellis asked why the lighting issue was not included in the motion. He asked for an amendment to the motion.
A.Marco made a motion to amend the original motion that the applicant be responsible for eliminating the lightening gap originally identified in the public hearing.
M. Ellis made a second to the motion. All in favor, thus the motion carries.
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 date 5/16/06)
Continued to next meeting
4.~~~~~~File #2005-36 – Application for 14 Lot Subdivision on property at 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 reqused himself.
P. Latincsics asked if staff had any concerns regarding the application. G. Jones stated that if the commission was going to deny the applicant then they should think about the wording of their motion, that it would look better in court if the commission made a motion to approve and then voted against it, rather than making a motion to deny.
A. Marco read the draft motion:
Motion to deny without prejudice File #2005-36 – Application for 14 Lot Subdivision on property at 22 Kucko Rd. (Map 42, Lot 8-1) Owner: Raymond Crossen; Applicant: R. F. Crossen Contractor for the following reasons:
1. The Commission has considered approving the application with modifications but feels that the result would be an overall change in the application submitted.
2. The application as submitted is incomplete.
3. The open space proposed is not in accordance with the Plan of Conservation and Development nor does it meet the Town’s Subdivision Regulations. The open space proposed to be dedicated should be in the area recommended by the Town’s Conservation Commission during the hearing but not required to be more than 15% (7.85 acres).
4. Although the applicant could have revised his plans according to the plans submitted by the Conservation Commission while the hearing was open, the Commission is not comfortable attempting to condition approval on a whole different pattern of open space because it is too large a change in the plans and should be prepared and resubmitted by the applicant's engineer.
5. The plans do not depict the distance required for the 50 foot right of way parallel to Kucko Road along the applicant’s property as required by Chapter VI, Section 2 e) of the subdivision regulations.
6. An approval with the previous modification (# 3) would result in lot 13 being non- conforming. The Commission cannot approve a subdivision where any lots do not conform to the Towns Zoning Regulations.
7. The plans shall do not show a reserve strip for a future road from the proposed cul-de-sac to the abutting parcel to the North and dedicated to the Town as required by Chapter VI, Section 2 d).
8. The open space proposed is not in accordance with the Plan of Conservation and Development nor does it meet the Town’s Subdivision Regulations. The open space proposed to be dedicated should be in the area recommended by the Town’s Conservation Commission during the hearing but not required to be more than 15% (7.85 acres).
9. Although the applicant could have revised his plans according to the plans submitted by the Conservation Commission while the hearing was open, the Commission is not comfortable attempting to condition approval on a whole different pattern of open space because it is too large a change in the plans and should be prepared and resubmitted by the applicant's engineer.
10. The plans do not depict the distance required for the 50 foot right of way parallel to Kucko Road along the applicant’s property as required by Chapter VI, Section 2 e) of the subdivision regulations.
11. An approval with the previous modification (# 3) would result in lot 13 being non- conforming. The Commission cannot approve a subdivision where any lots do not conform to the Towns Zoning Regulations.
12. The plans shall do not show a reserve strip for a future road from the proposed cul-de-sac to the abutting parcel to the North and dedicated to the Town as required by Chapter VI, Section 2 d).
G. Jones stated that lot fourteen has become lot thirteen according to the newest map on record which was received on 2/21/06.
A. Marco made a motion to amend his original motion to number four, changing lot fourteen to thirteen.
N. Gray made a second to the motion. All in favor, thus the motion carries.
5. ~~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)
P. Latincsics asked if there has been any new information submitted on this application. G. Jones said there has not been.
A. Marco stated that he has been looking through the zoning regulations and general state statutes for reason the commission should deny the application and he has not found anything regarding sporting goods or knives. He also stated that he does not think the store needs to stay open until 11:00 PM. He asked if the commission can put a regulation on the stores hours.
N. Gray asked if the first selectman got back to the commission regarding any incidents that might have happened in Enfield with the original “Smoke-N-Leather” store. G. Jones said that he has not received any new information.
T. Murphy asked if the commission can decided what the store is allowed to sell. The commission decided that they must look at federal and state guidelines.
N. Gray said he wants to look into what affect the store will have on the neighborhood.
R. Tulis stated that there was an issue in the past regarding blackened windows with Willington Hill Package Store. He said he thought the police had an issue with this due to them not being able to tell what was going on inside should there be a burglary.
P. Latincsics stated that he found it useful to go through the notes of the publics comments from the public hearing.
The commission decided to continue discussion at the next meeting.
P. Latincsics said the commission will come back to the CIP issue. He asked R. Tulis if he had time to look through the document. R. Tulis said that he did.
P. Nevers made a motion to approve the CIP plan has presented.
T. Murphy made a second to the motion
A discussion regarding CIP was held
P. Latincsics, M. Ellis, T. Murphy, P. Nevers, N. Gray voted in favor of the motion
R. Tulis voted No to the motion
A. Marco abstained from voting
Public Comment
J. Poole asked if there will be any feedback from CIP or the board of selectman regarding the petition they received about Loshe Road being unsafe.
~~~~~~
Minutes
M. Ellis made a motion to approve the minutes for the meeting on 4/4/06, A. Marco made a second to the motion. All in favor thus the motion carries.
Correspondence
1) Registration for class at UCONN on the basics of a good road and a class on asphalt and pavement.
2) A notice to Planning and Zoning regarding neighboring municipalities.
Staff Report and Discussion
The commission discussed the tree cutting on Jarred Sparks Road. The commission stated that it was supposed to be a selective cut, but the property seems to be destroyed. The commission asked G. Jones to pull the permits so they can be reviewed.
R. Tulis brought up the issue of the town getting a better sound system for public meetings. He stated that it is very difficult to listen to public hearings on tape, that you can hardly hear what people are saying. He stated that this should be a shared cost of the town and commissions that use the conference room.
A. Marco asked what the process would be to change the sound system from a tape recorder to something more professional.
The commission decided they need to look into this matter further.
Adjournment
M. Ellis made a motion to adjourn the meeting at 9:21 PM A. Marco made a second to the motion. All in favor, thus the motion carries.
Respectfully submitted,
Melissa McDonough
Recording Clerk
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