Planning and Zoning Commission
40 Old Farms Road ~~~Willington, CT ~06279
March 6, 2007- 7:30 P.M.
Meeting Minutes
Matthew Ellis called the Planning and Zoning meeting to order at 7:36 PM.
Members Present:
Matthew Ellis
Thomas Murphy
Norm Gray
Phil Nevers
Excused:
Ralph Tulis
Absent:
Peter Latincsics
Andrew Marco
Public Hearings:
File #2007-01-Application for a 1 lot Subdivision on property at 167 Lohse 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, Cont. to 3/6/07, Decision by 5/01/07).
Jim Luczak the applicants engineer was present to discuss the application. He stated that this public hearing is being continued from the last Planning and Zoning meeting. Mr. Luczak passed out new plans to the commission members; he stated that changes to the new plans include adding a signature block, and adding the minimum building area blocks to the existing and proposed lots. Mr. Luczak handed in the green cards from all of the abutters and Windham Water Works.
M. Ellis asked the engineer how many septic systems the two family house currently has. Mr. Luczak said that there is only one. M. Ellis stated that since this house was built the town’s regulations have changed and now require all two family homes to have two separate septic systems. M. Ellis went on to explain that as they are making a change to the property, the entire property needs to meet currant regulations. The current zoning regulation was read 11.07.01.03.
Mr. Luczak went over the parcel history. He stated that he has a paper copy but has not included it on the site plans. He asked the commission if this is necessary to do. S. Yorgensen said that the paper parcel history is hard to understand, that adding it to the map would allow more people to easily understand it. Mr. Luczak asked what information the commission needs to see in the parcel history. The commission explained that he needs to show former ownership and if and when the property was sold or divided.
N. Gray looked through the regulations for a two family home and stated that a two family house can only take up 10% of the subdivision.
S. Yorgensen reminded the applicant that this currant commission did not create the regulations, but it is their responsibility to enforce the regulations.
M. Ellis stated that the existing home is a non-conforming lot.
Mr. Luczak asked if the town was part of the Eastern Highlands Health District when the original regulations were written. S. Yorgensen said that they were not. He asked if the existing home had two septic systems would it meet the currant regulations. The commission said that it would.
N. Gray said that the applicant could apply for a variance. T. Murphy reminded him that he would first need to see if two septic systems would even fit on the property.
A resident in the audience asked the commission where this application goes after tonight. The commission said that they could not really say, that it is up to the applicant if they would like to try to go to Zoning Board of Appeals.
M. Ellis asked Mr. Luczak if he would like to keep the public hearing open. Mr. Luczak said he would like to close it tonight.
P. Nevers made a motion to close the public hearing; N. Gray seconded the motion, all members voted in favor, thus the motion carried.
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 Realty Trust owners, Michelle Kelley, applicant. (Received on 2/6/07, Public Hearing on 3/6/07, Decision by 5/1/07).
Michelle Kelley the applicant was present to discuss her application. Ms. Kelley stated that she came before the commission approximately six months ago when she was opening her nail salon. She stated that she is currently rent the corner section of the front building at 333 River Road, but would like to rent out the entire building to expand her business. Ms. Kelley stated that she would like to start having pedicures, massage, yoga, facials, raki, community wellness classes, and other things related to health and wellness. She stated the upstairs area would be used for her own office space.
Ms. Kelley stated that the Health District has approved the space for the expanded use and has placed limits on the number of people being in the building each day. She said those numbers are detailed in her application. The commission looked through the application.
T. Murphy asked if the bathrooms that are shown in the diagram in the application are existing or if she plans on installing them. Ms. Kelley said that they are existing. N. Gray asked who would be responsible if the septic system fails. Ms. Kelley said that the owner of the property would be.
Ms. Kelley discussed the amount of parking spaces that are currently available. She stated that she feel there is amble parking for the business to grow. S. Yorgensen agreed that there will be plenty of parking.
The commission looked at the plan for the sign. M. Ellis asked how tall the sign will be. Mr. Kelley said that it will be about fifteen feet.
T. Murphy discussed the regulations for live entertainment and asked if having speakers come in would fall under those regulations. M. Ellis asked if the speakers and classes are open to the public or for paying customers only. Ms. Kelley said it will be for her customers. M. Ellis said that he does not feel that this falls under live entertainment, but is similar to the dance studio.
S. Yorgensen said she had concerns about the plan to sub-lease the office spaces, she said the Commission could not approve a approve spaces for offices of unknown uses. Ms. Kelley said that was her original plan but she is no longer planning on doing that, she is not asking for that approval. She said that she will use the office space for herself.
Ms. Kelley explained the changes to her currant salon. She stated that the area where she currently does nails will be moved over and that existing area will be used as a retail store to sell items retailed to the services she is providing. M. Ellis asked if she needs a license to sell any of the products she will have in the store. Ms. Kelley said that she does not.
Ms. Kelley said that her goal for the salon is to be open Monday through Saturday from 9:00 am to 9:00 pm. She stated that at the beginning that the hours will be less until the business grows.
Jim Poole from the Economic Development Committee stated that Ms. Kelley’s proposal is in line with there goals for economic growth in the town. He asked if the fire marshal has submitted a report regarding the upstairs of the building. Mr. Poole said that he does not think that there are any exits from the top floor. He also asked about the lighting. Mr. Kelley said that there is existing lighting on the outside of the building but the bulbs need to be replaced.
M. Ellis looked through the file and said that they have not received a letter from the fire Marshall. He reminded the applicant that she would need his inspection for the commission.
The commission discussed the size of the classes and went over what max numbers truly mean.
M. Ellis asked if the applicant wanted to keep the public hearing open. Ms. Kelly said that she would like to close it.
N. Gray made a motion to close the public hearing, P. Nevers seconded the motion, all members voted in favor, and thus the motion closes.
Regular Meeting:
Old Business
File #2007-01-Application for a 1 lot Subdivision on property at 167 Lohse 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, Continued to 3/06/07, Decision by 5/01/07).
The commission discussed the application. They stated that they main issue is that there is only one septic tank for the two family house. Also there is only an A2 survey on one of the lots not both. The commission discussed how this property had been divided in the past. M. Ellis said he would like a draft motion put together for the next meeting.
File #2007-02-Application for a Special Permit for a Rear Lot on 35 Fisher Hill Road (Map 19, Lot 41, R80 Zone). ~Owner: Diane Parisen; Applicant: Steven Dionne (Received on 1/16/07, Public Hearing on 2/20/07, Continued to 3/06/07, Decision by 5/01/07).
M. Ellis made a motion to approve File #2007-02-Application for a Special Permit for a Rear Lot on 35 Fisher Hill Road with the conditions that:
A. The plans be revised to address comments from town engineer, Karl Acimovic’s, in a memo dated 3-6-07 as follows:
1. Drainage – the layout of a “rain gardens” downstream of each proposed house and subsurface sewage system location, essentially running parallel to the current contours.
In addition, driveways be graded so as to direct flow toward the inside of each parcel to a level spreader or additional detention inside the property line just before the driveways join the road.
2. Sedimentation and Erosion Controls – In addition to the sedimentation and erosion controls noted in the vicinity of each proposed house, a diversion swale and temporary detention directed toward the inside of each parcel adjacent to the edge of the road to avoid runoff into the road during construction. Anti-tracking pads, although shown on a detail, should be shown at the proper driveway locations on the plan view of Sheet 2.
3. Footing Drains – A footing drain has been identified for each of the proposed houses. A small formalized outlet at each discharge point should be shown so that their location will not be covered over time and, therefore, maintained.
B. The town engineer review and approve the revised final plans
N. Gray seconded the motion, all members voted in favor of the motion, thus the motion passes.
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 Realty Trust owners, Michelle Kelley, applicant. (Received on 2/6/07, Public Hearing on 3/6/07, Decision by 5/1/07).
The commission members discussed the application. They stated that they feel that the application makes sense for continuing the business. P. Nevers said that the applicant has seemed to be very honest regarding her intentions and has done everything the commission asked regarding her last application. M. Ellis said that he would like to get a letter from the fire Marshall as well as a more detailed list of items she will be selling in the retail store. He also stated that the commission will need to know how many people are able to attend each class.
The commission discussed whether they need to specify that they are allowing classes not entertainment in their motion.
New Business
~File #2007-07-Application for a 6 lot Subdivision located at 150 Clint Eldredge Road. ~(Map 12, Lot 20, 21.07 acres, R80 Zone). ~Owner/Applicant CE Road, LLC. ~(Received on 2/20/07, Public Hearing on 4/03/07, Decision by 6/05/07).
Public hearing is set for 4/30/07
Applications Received after Agenda Filing:
None
Minutes
Tabled to next meeting as there was not a quorum
Correspondence
None
Sub-Committee Reports
The commission said that they are currently requesting bids from agencies to re-write the towns sub-division regulations.
Staff Report and Discussion
M. Ellis said that he will most likely miss next weeks meeting
S. Yorgensen reminded the commission that they wanted to walkcamp ground before they come in to renew their special permit. They will be in April 3rd. The commission set a site walk for 3/31/07 at approximately 10am.
S. Yorgensen told the commission that Clover Springs will be on the agenda for the next meeting. She stated that Karl Acimovic put together information for the commission to go over before that meeting.
S. Yorgensen said that the library is looking for a formal ok for their lighting, as what went up is different from what was originally approved. T. Murphy asked when the government sign will be taken down from in front of the library. S. Yorgensen said she will ask them to do so. The consensus was that the lighting on the poles is fine and the globes can be changed on the building fixtures.
The commission discussed the truck stop. S. Yorgensen said that the DOT was not happy about the overhead sign per the stipulated agreement. The consensus of the Commision was that they wanted to know why they had a problem with it. They wanted to know if a permit been applied for? They need more information.
S. Yorgensen said that they will need to have a draft stipulated agreement regarding the Crossen Case either next meeting or the one after.
~~~~~~~~
Public Comment
Jim Poole asked if the public will be able to see the stipulation before it is read at the meeting. S. Yorgensen said that the presently it is a draft and the item would be on the agenda prior to any action of the commission on it.
Adjournment
M. Ellis made a motion to adjourn at 8:00pm, N. Gray seconded the motion. All members voted in favor.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
| 
