Planning and Zoning Commission
40 Old Farms Road ~~~~Willington, CT 06279
February 20, 2007 - ~7:30 P.M
Meeting Minutes
M. Ellis called to order the Planning and Zoning Commission meeting at 7:32 PM.
Roll Call:
Present:
M. Ellis- Chairman
R. Tulis- Vice-Chair
T. Murphy
P. Nevers
P. Latincsics
Absent:
N. Gray
A. Marco- Secretary
Public Hearing:
File #2006-63 – Application for a 2 lot Subdivision on property at 57 Parker Road (Map 16, Lot 15B, Zone R80) Owner/Applicant: Norman A. Wilson (Received 11/21/06; Site Walk 1/13/07 9:30 am, Rain/Snow date 1/14/07 9:30 am; Public Hearing on 1/16/07, Decision by 2/20/07)
T. Murphy reqused himself from the application as he lives across the street from the proposed subdivision.
Ed Pelletier the applicants engineer and Norm Wilson the applicant were present to discuss the application. Mr. Pelletier stated that several site walks had been scheduled, but no commission members were able to attend due to bad weather each time. Mr. Pelletier stated that the plans had been updated to include the correct signature blocks as well as a revised parcel history. Mr. Pelletier stated that he feels that his application is complete. He stated that he has received memos from the Health district as well as the town engineer and has made changes to plan to incorporate their suggestions.
P. Nevers asked how far the apron gets paved. Mr. Pelletier said that it is usually from the edge of the pavement to the property line, but the entire driveway will get paved as it is over 10% grade.
P. Latincsics made a motion to close the public hearing, P. Nevers seconded the motion. All members voted in favor, thus the public hearing was closed.
File #2007-01- Application for a l lot Subdivision on property 167 Loshe Road. (Map 52, Lot 28, R80 Zone). Owner: Darlene & Richard Jenkins; Applicant: Mike Marino (Received on 1/16/07, Site Walk 2/17/07 at 9 a.m., Public Hearing on 2/20/07, Decision by 4/17/07).
Jim Luczak the applicants engineer was present to discuss the application. He stated the property is 17.4 acres and sits at the corner of Cemetery Road and Loshe Road. The piece of land that they are proposing to build on is 2.4 acres with frontage on Cemetery Road. Mr. Luczak stated that there will be a private septic system and well, he also stated that there are no wetlands on the property nor will there be any significant impact to wetlands.
R. Tulis asked Mr. Luczak about the minimum buildable area and discussed the zoning regulations. R. Tulis asked Mr. Luczak to show the buildable area for each lot. He stated that the old and new lots need to meet the current regulations.
Attorney Mark Brantz reminded Mr. Luczak that all these measurements need to be marked on the plans.
The hearing was opened to the public. Residents from Loshe Road asked what piece of land is being sold. Mr. Luczak said that it is the piece off of Cemetery Road. The resident asked if the land has been perk tested. Mr. Luczak said that it has.
S. Yorgensen asked Mr. Luczak for the green cards or white papers showing that all the abutters had been notified of the public hearing. Mr. Luczak said that he had a list of the abutters but did not have the cards. He pointed to the residents in the audience and asked if that was enough proof that they were sent out. He asked if the commission needs the green cards to continue the public hearing. He also asked if the cards need to be sent certified. Mr. Luczak again pointed out that there was a resident in the audience and stated isn’t that enough proof.
R. Tulis asked if lot one has been flagged. Mr. Luczak stated that it was flagged in 1991 and wetlands approved the old flagging. R. Tulis stated that lot two does not meet the criteria for buildable land. He stated that the map is only showing the area within the setback lines. R. Tulis went on to explain that all buildable area, house and septic, must be in the box.
R. Tulis asked attorney Brantz if the regulations existed when the original house was built. Mr. Brantz stated that it does not matter as he is seeking a new sub-division. When creating a sub-division, it will be considered two new lots therefore the existing house must meet currant regulations.
M. Ellis asked Mr. Luczak if he would like to keep the public hearing open, Mr. Luczak said that he would like to. P. Nevers made a motion to keep the public hearing open, T. Murphy seconded the motion. All members voted in favor, thus the public hearing will be continued to 3/6/07.
A resident asked if any interested party not from Willington can attend a public hearing. Attorney Brantz said that anyone can attend.
File #2007-02- Application for Special Permit for Rear Lot on 35 Fisher Hill Road (Map 19, Lot 41, Zone R80) Owner: Diane Parisen; Applicant: Steven Dionne (Received 1/16/07; Public Hearing by 3/20/07)
Steve Dionne the applicant was present to discuss the application. Mr. Dionne handed in the green cards and white sheets showing that he notified all abutters. Mr. Dionne reminded the commission that he had been before the board previously with this application but was denied. Mr. Dionne referred to the minutes from the last application and read the commissions motion for denial.
Mr. Dionne told the commission that he is now proposing a traditional flag lot with an access strip. He stated that he moved the house location on parcel A forward and dug new test holes and did new perk tests. Mr. Dionne said that the rest of his application is the same as before. He said that he has an affidavit from an attorney in Stafford stating that the property has been unchanged since 1937. Mr. Dionne submitted the soil scientist’s report which indicated that there are no wetlands on the property.
R. Tulis stated that the buildable rectangle is 175 square, but needs to be 40,000 square feet. He asked Mr. Dionne to fix that on the map, he also said that the septic needs to be placed in the buildable square. Mr. Dionne said he will make those changes.
The hearing was opened to the public.
Jerry Dionne- 32 Fisher Hill Road stated that the property was sold as two lots and feels that two homes should be built. He also stated that he feels that Mr. Dionne would build very nice homes on the property.
Jerry Parizak- stated that if all the size requirements are meet that he will have no problems with the houses being built, but he is concerned with the drainage from an additional home. He said that there is already a steady flow of water coming off the property.
R. Tulis asked S. Yorgensen if Publics Works has looked at this property for drainage. S. Yorgensen said that the town engineer would look at it not public works.
Mr. Dionne stated that the existing driveway would still be used for parcel A.
T. Murphy asked what the grade for parcel A is. Mr. Dionne said that it is 6 to 8% and upward sloping. He said that the property looks very flat.
Attorney Brantz asked if the Health Dept. has approved the test pits and received the plan. Mr. Dionne said that they approved the septic system, and he stated that the well already exists.
M. Ellis asked if there is anything else that the applicant has to add to the public hearing. Mr. Dionne said that he hopes that the commission will make their decision in a speedy manner as he feels that he has gotten all of the documents to the commission in a timely manor.
M. Ellis asked if he would like to keep the public hearing open. Mr. Dionne said he would like to close it.
R. Tulis made a motion to close the public hearing. P. Nevers seconded the motion. All members voted in favor, thus the public hearing was closed.
Regular Meeting:
New Business
File 2007-05 Application for a Special Permit for a Day Spa located at 333 River Road, Suite A. (Map 30, Lot 17, DC Zone). B&M Reality Trust Owners, Michelle Kelley, Applicant. Received on 2/6/07, Public Hearing y 4/03/07, Decision by 6/05/07).
A public hearing is set for 3/6/07.
File #2007-01 – Application for a 1 lot Subdivision on property at 167 Lohse Rd. (Map 52, Lot 28, Zone R80) Owner: Darlene & Richard Jenkins; Applicant: Mike Marino (Received 1/16/07; Public Hearing by 3/20/07)~~~~~ ~~~
A public hearing is set for 2/20/07 with a site walk scheduled for 2/17/07 with a rain date of 2/18/07 at 9:00am.
Old Business
File #20067-62 – Application for a Zone Change from R80 to DI on property at 76 Turnpike Road (Map 45, Lots 24 & 25, Zone R80) Owner: ~Irene Klei; Applicant: Herb Klei (Received 11/21/06, Public Hearing on 1/16/07, Decision by 2/20/07)
M. Ellis read the draft motion:
The Willington Planning and Zoning Commission makes the following findings:
· The proposed Designed Development is in such a location and in size and character that, in general, it will be in harmony with the appropriate and orderly development of the area in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties.
· The location and size of proposed future uses, the intensity of operations involved in connection with such uses, the site layout, and their relationship to access streets shall be such that vehicular and pedestrian traffic generated by the use or uses, shall not be detrimental to the character of the neighborhood. All uses shall come before the Commission for a Final Site Development Plan and Special Permit.
· The establishment of such Designed Development Zones will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. It will in fact encourage and enhance the appropriate development.
· The proposed uses permit the development of the site without the destruction of valuable natural assets or pollution of lakes, streams, and other water bodies while providing the best possible design of structures and land uses compatible with the shape, size, and topographic and natural character of the site.
Based on the aforementioned findings: Motion that the Willington Planning and Zoning Commission:
Approve the application of Irene Klei, and Herbert Klei, for a Change of Zone from R-80 Zone to Designed Industrial (DI) Zone for approximately 60.49 acres at 76 Turnpike Road. Approve the preliminary Site Development and Land Use Concept Plan (hereinafter, “Preliminary Site Plan”) for the total parcels to the extent that it depicts the expansion of the existing approximately 465 acres for a new total of approximately 525.49 acres in a DI Zone whose preliminary Site Development and Land Use plan shows a general, conceptual proposal for an industrial park with an internal road pattern, large lots with extensive buffering between uses and to adjoining properties, and approximate building areas, such approval to be subject to the same modifications as was the original 465 acre (1-16-92) DI Zone, that
is: designation of land surrounding the ponds on the property as a park and passive recreation area for employees of the industrial development, to be owned and maintained by an association of property owners within the area of the application, and further each and every individual site plan shall be designed in such a way that, at such time as the new internal access road is constructed, all driveways onto Ruby Road and Turnpike Road shall be closed, and access to each site shall be exclusively to an from such internal access road; and furthered that, there shall be no paved area for the use of vehicles, with the exception of required loading facilities, closer than thirty (30’) feet to any residential building.
Prior to submission of any final development plan for the property, the applicants shall provide to the Commission, for its review and action, an architectural study of the design criteria for all buildings and improvements in the proposed industrial park, including, but not limited to, building surface materials, roof lines, color schemes, lighting, fenestration, sign themes and directories, street furniture, and other items required to demonstrate compliance with Sections 12.04.03.02 through 12.04.03.10.
APPROVE the Preliminary Site Plan for the reasons that:
1. The Preliminary Site Plan contains enough of the information set forth in Section 12.04 to permit the Commission to conclude that it conforms to the criteria of the Regulations relative to the change of zone, and the Commission does so conclude; and the Preliminary Site Plan for the total parcel and the Designed Industrial site, as modified and restricted hereinabove, indicates that, with the additional detail afforded by Final Site Development Plan and special permit review, all applicable requirements of the Zoning Regulations are capable of being met for each such parcel during the special permit review process.
2. The change of zone is in compliance with the Plan of Development (Section 4.8 and 5.0).
P. Nevers seconded the motion.
R. Tulis stated that he was concerned with the wording with out the destruction as there would be some destruction to the land.
S. Yorgensen said that the regulations requires that statement, she went on to state that if you don’t add the extra piece of land to the industrial zone it would push the building towards Ruby Pond, causing more disturbance.
The commission discussed the 30 feet buffer zone. The commission asked if hotels can be built in an industrial zone. Attorney Brantz said that they can not be.
The commission voted on the motion.
M. Ellis, R. Tulis, T. Murphy, and P. Nevers voted in favor of the motion, P. Latincsics abstained.
Thus the motion passes.
File #2006-63 – Application for a 2 lot Subdivision on property at 57 Parker Road (Map 16, Lot 15B, Zone R80) Owner/Applicant: Norman A. Wilson (Received 11/21/06; Site Walk 1/13/07 9:30 am, Rain/Snow date 1/14/07 9:30 am; Public Hearing on 1/16/07, Decision by 2/20/07)
T. Murphy reqused himself from the discussion.
R. Tulis made a motion to approve File #2006-63 – Application for a 2 lot Subdivision on property at 57 Parker Road (Map 16, Lot 15B, Zone R80) Owner/Applicant: Norman A. Wilson.
P. Nevers seconded the motion and made a condition that the driveway on lot one be paved.
All members voted in favor of the motion, thus the motion passes.
File #2007-01 – Application for a 1 lot Subdivision on property at 167 Lohse Rd. (Map 52, Lot 28, Zone R80) Owner: Darlene & Richard Jenkins; Applicant: Mike Marino (Received 1/16/07; Public Hearing by 3/20/07)~~~~~ ~
Public hearing is still open.
File #2007-02- Application for Special Permit for Rear Lot on 35 Fisher Hill Road (Map 19, Lot 41, Zone R80) Owner: Diane Parisen; Applicant: Steven Dionne (Received 1/16/07; Public Hearing by 3/20/07)
The commission stated that they would like the town engineer to look at the newest set of plans. R. Tulis stated that the property barely allows for two lots.
Attorney Brantz stated that a special permit gives the commission more discretion when making there decision.
P. Latincsics asked how much the character of the community is considered when they make their decision. He stated that he felt that these would be the only two “cramped” houses on the street. Attorney Brantz read the regulation for appropriateness of use.
R. Tulis discuss the concerns regarding the drainage.
P. Nevers made a motion to continue the discussion of this application to the next meeting. M. Ellis seconded the motion, all members voted in favor.
~~
Applications Received after Agenda Filing
Karl Asomovic the town engineer was present to discuss the River Road Recreation project.
Mr. Asomovic passed out the new As-Builts. He explained that the all purpose field and baseball field have been completed. As well the utility lines for electric and water have been installed but are not connected. Currently there is a bid out for the guard rails and a small section that needs to be graded. He stated that the posts for the nets need to be installed and the chain link fence needs to be put up as well. Once these things are completed phase I will be complete.
P. Latincsics asked if the fields will be able to be used if the commission approves this first phase. S. Yorgensen said yes they will be able to be used.
S. Yorgensen asked how the parking spaces will be depicted. Mr. Asomovic said that has not been determined yet. S. Yorgensen pointed out to the commission that the elevation of the fields have changed.
The commission went over the changes that need to be made to the as-builts in order for them to approve the amended application.
1. The identification sign for the park is not listed on the map
2. The title block needs to be changed to modified plan
3. map reads RU80, needs to read R80
P. Latincsics made a motion to approve the modification of site plans with the condition that the map be updated to include all needed changes.
P. Nevers seconded the motion. All members voted in favor of the motion.
Minutes~~~~~~~~~~~~
M. Ellis made a motion to except the minutes, P. Latincsics seconded the motion.
All members voted in favor of the minutes.
Correspondence
1. Spill report from Ruby and Hancock road.
2. CT Federation of Planning and Zoning agencies 59th annual conference
3. Mansfield Planning and Zoning commission application for sub-division or re-sub-division approval.
Sub-Committee Reports ~~~~~~
Meeting scheduled to work on regulations
Staff Report and Discussion
Clover Springs Subdivision
S. Yorgensen explained that the road has not been accepted by the town yet because they are waiting for the IWWC concerns to be dealt with. S. Yorgensen explained that these include piles on debris and machinery left in the wetlands. The commission discussed the possibility for calling the bonds as it has been over ten years since the project has been completed.
R. Tulis asked how many lots still are in violation that applicant owns. S. Yorgensen said she thinks he owns two lots.
Attorney Branse said that the commission can call a public hearing and pull the sub-division approvals for those remaining lots that have not sold. He stated that they could also call the bonds to make improvements to all public areas. Another option would be to hold the COs or building permits for specific lots that are in violation.
R. Tulis asked how much the bond is for. S. Yorgensen said it is $90,000. K. Asomovic said that the public improvements can be fixed for that amount of money.
The Consensus of the Commission was that the subdivision should be voided and the bond called to complete all outstanding issues.
Attorney Branse told the commission members that they should deal with all the violations for the subdivision in one meeting. The commission members said they will do so at the 4/3/07 meeting. A letter will be sent to parties concerned.
Public Comment
None
Executive Session
R. Tulis made a motion to go into executive session to discuss pending litigation (KMC case). M. Ellis seconded the motion. Those present for the executive session were: Matthew Ellis, Ralph Tulis, Phil Nevers, Thomas Murphy, Peter Latincsics, Susan Yorgensen, Mark Branse, Peter Anderson, and Karl Asimovic.
No motions were made during executive session
Adjournment
The meeting was adjourned at 10:45 P.M.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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