Town of Willington
Planning and Zoning commission
40 Old Farms Road
Willington, CT 06279
Meeting Minutes of October 3, 2006
Public Hearing for File 2006-39- Application for Special permit for a rear lot at 35 Fisher Hill Road (Map 19, Lot 41, Zone R80) Owner: Dian Parisen; Applicant: Steven Dionne (Received 8/15/06; Site walk 9/16/06 rain date 9/17/06 at 9 a.m.; Public Hearing by 9/16/06; Decision by 11/21/06) called to order at 7:33 PM by Chairman Ellis.
Roll Call:
Members Present: M. Ellis, Chairman
R. Tulis, Vice Chairman
P. Nevers
T. Murphy
Excused: A. Marco, Secretary
N. Gray
Also Present: Susan Yorgensen, Planning and Zoning Agent
Attorney Mark Branse
No alternates seated.
Steven Dionne the applicant was present at the public hearing to discuss his application. He stated that he meet with staff to discuss the property of the proposed cut. He said that staff also walked the property with him. He stated that the property is slightly pie shaped and he is trying to split it in two so he has 200 feet of frontage on each property. Mr. Dionne stated that he can not move the property line forward due to the fact that he would be encroaching on the front lot, due to this there must be a small piece of property that jogs into the back of the first property. He stated that the lot will feel bigger than a conforming lot. Mr. Dionne explained to the commission that he tried many different options to split the property but they all did not work as well as the way they are split on his
plans. He showed that if he created a traditional flag lot than the back property would be too close to the Parizack house and they came to the first public hearing to state that they do not want a house built near their property.
Mr. Dionne stated that he himself lives on a rear lot on Fisher Hill Road and he understands that living on a rear lot can have a loss of connection with the community and he is also trying to avoid that from happening through the way he is dividing the lots. Mr. Dionne explained that something could be written into the deeds of both properties stating that the back piece of Parcel A could not be used for storage, that possible it could be use for agriculture.
Mr. Dionne asked for a timely decision from the commission as he has money tied up due to only buying the piece of land if it is possible to split it into two lots. He also stated that he has built seven houses on Fisher Hill Road and he feels that they are a positive addition to the community.
Jerry Dionne- 37 Fisher Hill Road- stated that he will be able to see the proposed houses from this home but feels that the proposed plan is thought out very well and split the best way possible.
The town lawyer asked if there are any wetlands on the property. Mr. Dionne said that there are not.
S. Yorgensen told Mr. Dionne that the town has not received a new set of maps that are up to date. The surveyor submitted the new maps.
The surveyor said that in the new plans there is still a jog of property behind parcel A, but if you were to take that same amount of property from any other location you would lose the 200 feet frontage that is required.
A. Marco made a motion to close the public hearing. P. Nevers seconded. Unanimous. Public Hearing closed.
S. Yorgensen stated that P. Nevers needs to listen to the tapes from the first public hearing before he can participate in the decision process.
Public Hearing for File 2006-46- Application for a Modification of a Special Permit for a flag pole and light for the Municipal Library at 7 Ruby Road (Map 23, Lot 7, Zone R80) Owner/Applicant: Town of Willington. (Received 9/5/06, Public Hearing on 10/3/06; Decision by 12/5/06) called to order by Chairman Ellis.
Roll Call:
Members Present: M. Ellis, Chairman
R. Tulis, Vice Chairman
P. Nevers
T. Murphy
P. Latincsics, arrived at 7:48pm
Excused: A. Marco, Secretary
N. Gray
Also Present: Susan Yorgensen, Planning and Zoning Agent
Attorney Mark Branse
No alternates seated.
The library board was present to discuss their application. They stated that they are proposing a flag pole with a down light on top that moves with the flag.
M. Ellis asked if there is a map with a cast off from the light. The board showed the drawing. He stated that it is a 30 foot pole with a 45 foot light span.
Mary Bowen- Luchon Road- stated that she feels that the library needs a flag pole and that it should be light at night.
Bob Shabot- 17 Jared Sparks Road- stated that his property abuts the library property and he was concerned with how the flag would be light. He said that he is glad to hear that they will be using down lighting. He said that he talked to the residents who live on the town green and they have complained about the flag light there coming into their windows.
Jim Poole- 96 Spak Rd- Asked if there is a cast of light shown on the plans that were submitted? He stated that he would like to see an official map be submitted not just a pencil drawing on the map as it was submitted. Mr. Poole stated that he is in support of a flag pole at the library but does not understand why it can not be taken down at night. He also stated that he feels that the library will be setting a trend in town for down light flags.
Susan Chapman- stated that the library board still needs to submit their final plans to the town and when they do; they will include the lighting cast. She also stated that the library is open at night and the flag will be flown then, so that is one of the reasons why they do not want to have to take it down at dusk.
Mary Bowen-Luchon Road- stated that the conference rooms will also be used at night even after the library closes, so that is another reason for having the flag stay out at night.
R. Tulis stated that he feels that technology is setting aside tradition and children are not learning about traditions such as why we take down a flag as well as the process to do it.
Susan Chapman- stated that she is not sure how children would be affected as this is not at a school.
P. Nevers said that he would like to see the light be on a light sensor for dusk and dawn.
Mary Bowen- stated that the electrician told the library board that the light can be on a timer and it can have a photocell option as well.
Donna Hardie- stated that she feels that libraries should fly a flag and as the law states that flags need to be light if flown at night than the libraries flag should be light.
Kathy Luzuski- stated that when she sees a flag flying at night and it is light it makes her feel patriotic.
P. Latincsics made a motion to close the public hearing. P. Nevers seconded the motion. All in favor, thus the public hearing is closed.
Regular Meeting
Regular meeting was called to order by Chairman Ellis.
Roll Call
Members were seated as above.
New Business
File 2006-47- Application for a Commercial Logging Permit on property on Luchon Rd (Map 18, Lot 8B, approx. 30 acres) Owners: Winthrop & Elizabeth Merriam; Applicant Hull Forest Products, Inc. (Received 9/19/06, Public Hearing by 10/17/06; Decision by 12/5/06).
Mr. Bartlett said that he notified all of the abutters and turned in his green cards. He stated that the access point has been gone over with Lynn Nichols and the bond has been submitted to the town.
M. Barttlet stated that he plans on harvesting 610 trees, that they all have been marked as well as the skid trails and boundaries. He stated that hay bails have been placed on site to prevent sediment erosion and there is a two inch stone apron.
M. Ellis asked when the harvesting will begin. Mr. Bartlett said he would like to begin as soon as he has all of his permits. He stated that he was hoping to begin no later than November. M. Ellis went over that fact that there will be only one crossing that will have a temporary bridge. The commission set hours of operations which will be 7:00am until dark on Monday thru Friday, 9:00am on Saturday, and no work will be done on Sunday. M. Ellis asked Mr. Bartlett if he will re-seed the skid trails and mulch the landing. Mr. Bartlett said that he plans to do both.
The commission asked how many truck loads will be coming out of the property. Mr. Bartlett said approximately 33. They asked how the trucks will be getting in and out. Mr. Bartlett said that he will try to go south on Lichen but does not know if he will use the dirt road. M. Ellis said that the dirt road can be used if needed. R. Tulis said he did not think it would be a good idea to use Cisar road as it has many curves.
M. Ellis made a motion to approve File 2006-47- Application for a Commercial Logging Permit on property on Luchon Rd (Map 18, Lot 8B, approx. 30 acres) Owners: Winthrop & Elizabeth Merriam; Applicant Hull Forest Products, Inc. with the condition that all green cards or white papers come back and that the hours of 7:00 am until dark or 5:00pm, which ever comes first during the week, 9:00am to dark or 5:00pm which ever comes first on Saturday and no work on Sunday.
All members voted in favor, thus the motion carried.
File 2006-50- Application for a re-facing of (3) existing signs at Ruby Road (formally Econo Lodge) (Map 42, Lot 45, Zone DC) Owner; Roadway Inn; Applicant: Darcie Roy (Received 10/3/06, Public Hearing or Decision by 10/17/06)
Darcy Roy was present to discuss the application. She stated that all the signs are all ready existing, that all is would like to do is re-face the signs as ownership of the motel has changed. Ms. Roy went over all three signs and showed what she would like them to be re-faced as.
M. Ellis asked if there will be any change to the lighting of the signs. Ms. Roy said there will not be any change.
R. Tulis asked if the blue on the sign was translucent or opaque. Ms. Roy said that it is translucent. She said that if the commission would like she can have it changed to opaque. R. Tulis said that having it translucent the high rise sign will cast a lot of light, with an opaque background and translucent letters it will be easier to read at night.
R. Tulis stated that he does not feel that this needs to go to a public hearing, the commission agreed.
R. Tulis made a motion to approve File 2006-50- Application for a re-facing of (3) existing signs at Ruby Road (formally Econo Lodge) (Map 42, Lot 45, Zone DC) Owner; Rodeway Inn; Applicant: Darcie Roy on the condition that the blue back ground be opaque. P. Nevers seconded the motion. All voted in favor, thus the motion carries.
Old Business
File 2006-46- Application for a Modification of a Special Permit for a flag pole and light for the Municipal Library at 7 Ruby Road (Map 23, Lot 7, Zone R80) Owner/Applicant: Town of Willington. (Received 9/5/06, Public Hearing on 10/3/06; Decision by 12/5/06)
R. Tulis made a motion to approve File 2006-46- Application for a Modification of a Special Permit for a flag pole and light for the Municipal Library at 7 Ruby Road (Map 23, Lot 7, Zone R80) Owner/Applicant: Town of Willington with the condition that a photo cell feature be installed on the light, final plans be submitted to the town which include the spread of the light, the wattage of the bulb as well as the type of bulb used. The bulb must meet LED requirements.
P. Nevers seconded the motion, all voted in favor, thus the motion carries.
File 2006-37 – Application for a Home Occupation by Special Permit for a construction office and showroom in existing mobile home at 141 Luchon Road (Map 18, Lot 4, Zone R80) Owner/Applicant: Wayne Bellefleur (Received 8/15/06; site walk 9/5/06 at 6:30 p.m.; Public hearing 9/5/06; Decision by 10/17/06)
Motion to approve File 2006-37 – Application for a Home Occupation by Special Permit for a construction office and showroom in existing mobile home at 141 Luchon Road (Map 18, Lot 4, Zone R80) Owner/Applicant: Wayne Bellefleur (Received 8/15/06; site walk 9/5/06 at 6:30 p.m.; Public hearing 9/5/06; Decision by 10/17/06) with the following conditions:
1. The 840 square feet of office space existing above the existing garage may be used for the construction business upon completion of the new home which will be in excess of 1680 square feet.
2. All signage to be approved by the Commission
3. Compliance with the zoning regulations shall be adhered to.
4. The trailer/mobile home shall be removed prior to a certificate of occupancy or occupancy for the new home.
5. Annually renewable.
The trailer or mobile home is not approved for the following reasons:
Mobile home considered a temporary structure and not permitted for use as a Home Occupation (Sec. 11.01.02.04).
Total square footage exceeds 50% of livable floor space (Sec. 11.01.01.03) and therefore is not in compliance with the Zoning Regulations.
Only 1 dwelling allowed per lot (Sec. 5.02.01.01.01), with bathrooms and cooking area or kitchen space still in the trailer it appears much more like a residential space than office and monitoring for enforcement would be difficult.
The approval of the trailer for a business would be not in character for this residential single family zone nor would it be in compliance with the zoning regulations.
R. Tulis seconded the motion, all voted in favor, thus the motion carries.
File 2006-39- Application for Special permit for a rear lot at 35 Fisher Hill Road (Map 19, Lot 41, Zone R80) Owner: Dian Parisen; Applicant: Steven Dionne (Received 8/15/06; Site walk 9/16/06 rain date 9/17/06 at 9 a.m.; Public Hearing by 9/16/06; Decision by 11/21/06)
The application is tabled to the next meeting.
Review of final plan for Chace Realty, 14/16 Tolland Tpke.
Chace Realty showed their final plans. They showed that they added the signature blocks as well as the fence and planter that did not appear on the original plans. The applicant stated that she will drop off the Mylar’s as well.
M. Ellis made a motion to accept the final plans. P. Nevers seconded the motion, all were in favor, and thus the motion carries.
Executive Session
R. Tulis made a motion to go into executive session at 8:55 pm to discuss pending litigation (DeBray/Ferrone vs. Town of Willington/PZC) M. Ellis seconded the motion. Unanimous.
Mr. Ferrone and his attorney were invited into executive session after some time past. The commission returned from executive session at 9:50 pm. No decisions were made
M. Ellis reconvened the meeting.
Old Business
Discussion of settlement in case of DeBray & Ferrone vs. Town of Willington.
Mark Branse, the commission’s attorney stated that in executive session the commission discussed a settlement between DeBray & Ferrone vs. the Town of Willington. They discuss pending litigation and no decisions were made. He stated that drafted a proposed settlement as follows:
STIPULATED JUDGMENT
The Special Permit application of the Plaintiffs that was denied by the Defendant, Willington Planning and Zoning Commission, on June 6, 2006, by virtue of a tie vote which failed to grant approval of the application, and which application is the subject of this Appeal, shall be approved as modified in the following manner:
1. Store hours shall be between 10: 00 A.M. to no later than 9:00 P.M, Monday through Friday; 10 A.M. to 10 P.M. on Saturdays; and, 12 P.M. to 7 P. M. on Sundays. In addition, no more than one (1) time during any calendar month, the store may close as late as 12 A.M., provided that such day shall not be a Sunday or State or Federal legal holiday. Plaintiffs shall give prior notice to the Zoning Enforcement Officer of the dates of the intended monthly 12 A.M. closings at least one (1) week prior to such date.
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. The Plaintiff may install Venetian blinds to control solar gain from the morning sun, but such blinds shall be in the “open” position at all times that the establishment is open in order to allow visibility of the store interior from the outside.
3. No “adult materials” of any kind shall be displayed closer to the store entrance than the location of the sales person/cash register area. The purpose of this provision is to allow the sales person or store operator to check the identification of the customers to ensure they are at least 18 years of age as they enter that portion of the store where “adult materials” are displayed and not just as they try to purchase such items.
4. Weapons shall not be sold at this establishment. “Weapons” are defined to include swords, knives, guns, bows and arrows, crossbows, and other similar devices, whether functional or decorative. The location of this store is within a building that houses a “bar/café” and the Commission believes the sale of alcohol and weapons do not complement each other, and, if in close proximity, creates a potentially dangerous condition.
5. Nitrous oxide cartridges and the related refills for whip cream dispensers, may be sold at this establishment, provided that: (a) the sale of such the nitrous oxide cartridges shall cease at least two (2) hours before closing time every day. (b) Sale of nitrous oxide cartridges shall only be in packaged boxes of twenty-four (24), or such other bulk package as the Zoning Enforcement Officer may approve, and not individually; and (c) This establishment shall also not sell nitrous oxide from a tank. Attached as Exhibit A are examples of
the types of whipped cream dispensers that can be sold. The parties acknowledge that, per Conn. Gen. Stats. §53-345a, it is illegal for persons under the age of eighteen (18) to purchase nitrous oxide. Nitrous Oxide shall be stored in a locked cabinet when the establishment is closed.
6. Without prior approval of the Commission, the second floor of the building shall be used for storage only and shall not be open to the public for any purpose. 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.
7. Signs shall be limited to the sign attached hereto as Exhibit B and an “Open” sign not to exceed two (2) square feet in area as approved by the Zoning Enforcement Officer.
8. The store shall not sell any product referred to as a “sex toy” that replicates, i.e., is in the form of, a human reproductive organ.
9. 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.
10. No person under the age of eighteen (18) shall be allowed to enter this establishment.
The attorney recommended the commission accept this settlement because the applicant is agreeing to things that the commission could not ask for on their own.
P. Latincsics asked if the commission needs to make a decision on this tonight as all the commission members are not present.
Mr. Branse stated that vote need not be tonight, but that the other members will not have been apart of executive session so they will not have the benefit of his advice during that executive session. He noted that some of the things he had said in executive session he would not repeat in a open session. Therefore, Atty. Branse felt that it would be better to vote tonight.
P. Latincsics stated that his was opposed to voting tonight with out the full commission being present.
M. Ellis made a motion to authorize Attorney Branse to enter into a stipulated agreement with DeBray & Ferrone. P. Nevers seconded the motion. M. Ellis, P. Never, R. Tulis, T. Murphy voted in favor of the motion. P. Latincsics voted opposed to the motion. Thus the motion carries.
Public Comment:
None
Minutes
R. Tulis made a motion to except the minutes from 9/19/06. Second by M. Ellis, all members voted in favor. P. Nevers abstained. Motion carried.
Correspondence
1. Email stating that someone on 256 Tolland Tpke is building a shed.
Sub-Committee Reports
R. Tulis stated that there are six meetings scheduled and all the commission members will attend and discuss one topic at a time.
Dates for meetings:
10/24/06 sub committee meeting for Open space at 7:00pm
10/30/06 sub committee meeting 7:00pm
M. Ellis reminded commission members that when they are emailing each other regarding the sub committees they can not have informal meetings.
Staff Report and Discussion
R. Tulis asked if the issue regarding Ms. Estelle had been settled. S. Yorgensen said that it had. She said that the commission’s attorney spoke with her attorney. Attorney Branse said they both agreed that it was a sub-division and that it could not be put back together.
Adjournment
P. Latincsics made a motion to adjourn at 10:38pm, P. Nevers seconded the motion. All were in favor, thus the meeting was adjourned.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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