Town of Willington
Planning and Zoning Commission
40 Old Farms Road
Willington, CT 06279
Revised Meeting Minutes of June 6, 2006
Public Hearings called to order at 7:30 PM by Chairman Latincsics.
Roll Call:
Members Present: P. Latincsics, Chairman
A. Marco, Secretary
N. Gray
R. Tulis
P. Nevers
M. Ellis
Members Absent: D. Ridzon, Alt
Members Excused: T. Murphy
Also Present: Susan Yorgensen, Planning and Zoning Agent
No alternates seated.
Regular Meeting
Regular Meeting was called to order by Chairman Latincsics.
Roll Call
Members were seated as above.
New Business
1. 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)
James Erickson from Leonard Engineering was present to go over the revised plans for the utility building at the Senior Housing Complex. A revised plan was passed out to all commission members present. He stated that the application had gone before the Zoning Board of Appeals and was approved. Mr. Erickson stated that the building had been moved to 135 feet of the property line and that the grade of the driveway had been changed as well. Mr. Erickson also showed the commission the proposed landscaping that would be planted to block the utility building from new construction. Mr. Erickson stated that they are still waiting for final approval from DEP and DPUC.
The commission asked if the town engineer has looked at the plans. Mr. Erickson said that he is on the Senior Housing water system planning committee so they have been working with him all along. Mr. Erickson stated that the engineer has not seen the newest revised plans though.
The commission asked if a Y shaped driveway would make it easier for the trucks that will be providing maintenance to the water system to turn around. Mr. Patton said that they could add stone to the driveway to make it more Y shaped.
The commission asked Mr. Erickson when their deadline is to start building. Mr. Patton said August 15th but they need a decision so they can complete the contracts with all parties involved.
P. Latincsics made a motion to approve 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, with P. Latincsics made a motion to approve 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, with the conditions that the final plans are reviewed by the town engineer and staff, any technical revisions required by said engineer/staff shall be included on the revised plans. Improvements shall be shown on the entire overall site plan entitled modified site plan/special permit senior housing (mylar filed), once
installed improvements to be included on overall complete site as built prior to certificate of use and compliance.
Motion was seconded
All in favor thus the motion carries.
Pre Application
None
A. Marco arrived and was seated
Old Business
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)
P. Latincsics reminded the public that the public hearing was closed and the commission could not hear any more public comments. The commission went over all documents that they had concerning the application.
P. Latincsics made a motion to deny the application due to it being incomplete. There was no second, thus the motion was not considered.
A. Marco made a motion to approve the application with the following conditions:
1. Store hours shall be between 9: 00 A.M. to no later than 9:00 P.M.
Retail stores in a commercial (DC) zone in Willington are typically open until 6:00 P.M. during the week and sometimes 9:00 P.M. on weekends. The applicant stated that his existing store in Enfield is open until 9 and is obviously successful since he is seeking to open a second store. Because of the proximity to the bar next door and the type of products to be sold at this facility, late night hours of operation pose the probability of adverse neighborhood impacts, threats to public safety, and other undesirable secondary effects.
2. The glass in the windows shall not be blacked out and shall consist of clear glass, in order to ensure visibility from the exterior. This will help protect the applicants investment when he is closed and help ensure the safety of the surrounding neighborhood. It will also discourage under-aged patronage and
facilitate monitoring of the store interior by police.
3. The location of the sales person/cash register area shall be moved close to the door. This will facilitate the sales person or store operator to check the identification of the customers to ensure they are over 18 years of age as they enter the store and not just as they try to purchase items.
4. Weapons shall not be sold at this establishment. Since the location of this store in within a building that houses a “bar/café” and the Commission believes the sale of alcohol and weapons do not complement each other, in close proximity creates a potentially dangerous condition, the Commission believes it is in the best interest of the Town that weapons are not included in the list of items for sale.
5. Nitrous oxide, or the refills for whip cream dispensers, products known as “poppers”, or any other product commonly misused as inhalants (including, but not limited to, dust removal sprays) shall not be sold at this establishment. The proposed store is neither a convenience store nor a grocery store and there is, therefore, no rational explanation for these products to be sold at this facility. It is well known that these are commonly misused in order to “get high” or inhaled for “recreational purposes” but and can cause severe physical and mental problems sometimes even resulting in death. As noted above, the proximity of a bar in the same building increases the likelihood that inebriated patrons will exploit the sale of nitrous oxide these or similar items for improper purposes.
6. Fire Marshall and Building Inspector shall inspect and approve the facility prior to any remodeling and prior to a certificate of occupancy for the store.
This is especially important since the second floor of this building has not been approved for public or retail use previously.
7. All desired Signage shall to meet the Town of Willington Zoning Regulations.
8. This permit shall be annually renewable, like the permit for the bar in the same complex. This will allow for monitoring of public safety issues and ensure that the preceding conditions are adequate to meet the criteria of section 13.05.
After the commission discussed the motion condition #1 was amended to read that the store hours of operation would be between 9 am - 7 pm Monday through Thursday, 9 am to 8 pm Friday and Saturday and 12 noon to 6 pm on Sundays.~ Condition # 3 was amended to read that the location of the sales person/cash register area shall be moved close to the door. This will facilitate the sales person or store operator to check the identification of the customers to ensure they are over 18 years of age as they enter the store and not just as they try to purchase items. The location of the sales person/cash register area shall be moved close to
the door. This will facilitate the sales person or store operator to check the identification of the customers to ensure they are over 18 years of age as they enter the store and not just as they try to purchase items and a revised floor plan shall be submitted, to be reviewed and approved by staff.~
The motion was accepted with friendly amendments. The motion was seconded by M. Ellis and a vote was called. Vote: in favor: A. Marco, N. Gray, P. Nevers
Opposed: M. Ellis, R. Tulis, and P. Latincsics.
Due to a tie vote the motion fails. Application not approved.
Public Comment
The public present asked the commission to state which members voted for and against the motion.
Minutes
R. Tulis stated that a change needed to be made in the minutes of 5/2/06 which stated that due to a motion not receiving a second it failed. This was changed to the motion was not considered.
P. Latincsics made a motion to accept the minutes of 5/2/06 with the changes. M. Ellis seconded. All in favor, thus the motion carries
P. Latincsics made a motion to accept the minutes of 5/16/06. M. Ellis seconds, M. Ellis, P. Latincsics, A. Marco in favor, N. Gray, R. Tulis, and P. Nevers abstained due to not attending the meeting.
Correspondence
None
Staff Report and Discussion
Discussion regarding the importance of the Town following the same rules as any other applicant and the importance of the Commission remembering that it must treat the Town as they would any other applicant.
Discussion regarding the recreation field being used without a certificate of use and compliance and in violation of the approved plan, a notice of violation or cease and desist should be sent.
M. Ellis initiated a discussion regarding violations at the eagle complex in the form of a patio and outside activities at the bar/café and the tattoo shop in violation of the special permit and site plan approvals. A notice of this violation should be sent. Discussion regarding the lack of lighting on the north side of the property, consensus of the Commission was that the Eagle must come before the Commission for renewal and that lighting will be addressed at that time. P. Latincsics said that he had recently received complaints about this as well. Yorgensen said that her office had received no complaints abut this location within the last year.
Discussion regarding special permit renewals coming before the Commission. Consensus of the Commission was that all annually renewable Commercial or non – residential special permits shall come before the Commission beginning immediately. This excludes special permits for Home Occupations, unless complaints have been
Discussion regarding the lack of compliance with sand and gravel operations with existing regulations. Yorgensen said her office has not notified the operators and is behind on their oversight. Consensus of the Commission was that letters should go out and give six months notice.
Discussion regarding subcommittee meetings for changes required to subdivision regulations as a result of the new PoCD. Yorgensen will send lists to members and they will e-mail meeting dates by 6-16-06.
R. Tulis made a motion to have an election of officers at the next meeting due to the currant chairman not learning the planning and zoning regulations, not attending any classes and not being a good facilitator.
M. Ellis seconded the motion, a vote was held
In favor: R. Tulis, M. Ellis, A. Marco, P. Nevers
Opposed: P. Latincsics, N. Gray
Motion passed, elections will be held at the next meeting
Adjournment
A motion to adjourn was made by R. Tulis, seconded by M. Ellis and unanimously approved.
.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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