Planning and Zoning Commission
40 Old Farms Road ~~~Willington, CT ~06279
April 3, 2007- 7:30 P.M.
Meeting Minutes
Regular Meeting:
M. Ellis called to meeting to order at 7:30pm
Roll Call
Present:
Matthew Ellis- Chairman
Ralph Tulis- Vice-Chair
Andrew Marco- Secretary
Norm Gray
Phil Nevers
Thomas Murphy
Absent:
Peter Latincsics
Public Hearing
Hearing to Consider Voiding of Clover Springs Subdivision, Phase II, Clover Springs Road in accordance with Subdivision Regulations Chapter XI, Section 3, and to call the bonds for Public Improvements:
Attorney Samuel Schrager was present to discuss the violation. He stated that he received a phone call while he was on vacation informing him of the situation. He stated that he met with the parties concerned and told them to finish all work that needed to be completed on the subdivision. Attorney Schrager said that the work on the subdivision has been getting done, the only thing that he is aware of that has not been completed is the curbing which can not occur until the asphalt plants open in a week or two.
Attorney Schrager stated that he is submitting a letter requesting the town accept the road and the bond is eliminated or reduced; he added that Bank North is anxious to have this matter resolved as well.
Attorney Schrager stated that he meet with the road contractor today and he felt that everything that is able to get done has been completed. He re-stated that asphalt companies will open in a few weeks and the remaining work will get done then.
He stated that all sedimentation and erosion control issues have been finished. Mr. Acimovic has looked at the land and has approved all of the improvements. S. Yorgensen said that she has not received a memo from Mr. Acimovic yet.
Attorney Schrager went on to state that the cleaning of all catch basins can be completed within the month. M. Ellis asked if attorney Schrager was requesting to keep the public hearing open for another month. Attorney Schrager said that he would like to keep the public hearing open so the remaining work can be completed. T. Murphy asked if the commission should have a site walk when the work is complete. S. Yorgensen said that Mr. Acimovic will do the site walk.
A. Marco said that he remembered seeing stock piles of debris and equipment left behind. He asked if that had been removed. Attorney Schrager stated that is a separate matter that those areas are off the right away and on individuals land owners property. The commission discussed the concerns of stockpiles of material. S. Yorgensen said she will speak to the Town Attorney.
R. Tulis asked when the sub-division approval will expire. S. Yorgensen said it has expired. R. Tulis asked if Mr. Voboril knows. Attorney Schrager said that he is aware and has taken the responsibility of getting the sub-division completed and feels that they are 99% of the way there.
The commission members said that Mr. Voboril knew last summer that the sub-division approval would expire before the following summer and should have made an effort to make sure all work was finished then.
R. Tulis made a motion to continue the public hearing to May 1, 2007. M. Ellis seconded the motion. All members voted in favor.
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).
A. Marco let the applicant know that his families land abuts the proposed application. He asked if the applicant would like him to recuse himself. M. Ellis asked A. Marco if this will impact his voting. A. Marco said no. The applicant said he did not have a problem with A. Marco hearing his application.
Timothy Gosselin the applicants engineer was present to discuss the application. Mr. Gosselin stated that the proposed sub-division is on Clint Eldredge Road, Eldredge Road, and Mirtl Road. He stated that the first house lot will be sold before the sub-division is started which will make the sub-division have five lots. He stated that they are proposing one rear lot and all driveways meet the 300 feet guidelines. Mr. Gosselin went over the proposed drainage for the driveways, which will flow into the existing drainage system in place on the respective roadways. He stated that he has received approval from Eastern Highlands Health District for engineered septic systems on each property.
Mr. Gosselin said that he knew that the town staff was going to review the property but has not heard back from them. S. Yorgensen gave Mr. Gosselin a copy of Karl Acimovic’s memo which they received today.
The commission discussed Mr. Acimovic’s memo which stated that the plans have changed since they were approved by IWWC. Mr. Gosselin looked over the memo. He asked to keep the public hearing open
The commission discussed open space. They talked about the open space fee as well as what part of the property would be proposed open space. Mr. Gosselin showed the commission a three acre area that may be proposed open space.
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Mr. Gosselin asked about the possibility of having a common driveway. S. Yorgensen said that they have not applied for a variance of the regulation. She reminded Mr. Gosselin that you can request a common driveway but you can not configure the property so there can not be two separate driveways that meet the regulations.
R. Tulis asked if underground utilities need to be completely on one’s own property. S. Yorgensen said she did not think so.
N. Gray asked if the configuration of the homes is what IWWC saw. Mr. Gosselin said yes, minus one home.
Jim Poole asked for the open space area to be pointed out of the larger map for the public to see.
R. Tulis stated that lot 21 looked to be a cut out of an original parcel. He requested that Mr. Gosselin get more information regarding parcel history.
P. Nevers made a motion to extend the public hearing to 5/1/07. R. Tulis seconded the motion. All members voted in favor.
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 members discussed which members attended all public hearings regarding this application. P. Nevers said that he missed one day of the public hearing. R. Tulis and N. Gray said that they listen to the recording of the meeting they missed.
M. Ellis made the following motion:
Motion to deny File # 2007-1 Application for a Subdivision on property at 167 Lohse Road. ~(Map 52, Lot 28, R80 Zone). ~Owner: ~Darlene & Richard Jenkins; Applicant: ~Mike Marino for the following reasons:
1. The applicant has not provided evidence that the lots meet all zoning regulations in sections 11, 4 and 8 including buildable area, frontage requirements and square footage of lots including and without wetlands, in fact it appears that the proposal would create non conforming lots with respect to lot 11 at a minimum.
2. The applicant did not submit an A-2 survey for the entire parcel as required by Chapter IV, Section 2h of the subdivision regulations.
3. The applicant did not include a parcel history map.
4. Applicant did not include street numbers or soil types as required by the regulations.
5. Applicant did not submit a hydrologic study as required by the regulations. Applicant did not demonstrate evidence of using passive solar techniques in his design as required by the regulations and by state statute.
N. Gray seconded the motion.
N. Gray asked about the septic system and discussed his concerns for the two family home only having one septic.
All members voted in favor of the motion except that P. Nevers abstained. 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).
R. Tulis recused himself from the application as he had been present for the public hearing. P. Nevers said that he was not present for the public hearing but listened to the recording.
M. Ellis read the motion as follows:
Motion to approve 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, with the following conditions:
1. Annually renewable beginning April 1 2008
2. Signage to meet the Zoning Regulations
3. Any changes or additional lighting or signage to come before the Commission for approval
4. Upstairs shall be used for offices accessory to the Day Spa and shall not be sub let.
5. A maximum 20 people per class shall be allowed.
6. Hours of operation shall be between 9:00 AM and 9:00 PM Monday through Saturday.
7. A list of retail items to be sold shall be submitted to the Land Use Office for review and approval by the Commission prior to a CO.
8. The Fire Marshall shall inspect the building prior to the issuance of a Special Permit and a copy of final approval shall be submitted prior to a CO.
9. Any modifications of the business or increase in estimated occupancy or class size shall be submitted to the commission via an application for modification and shall be accompanied by Health District Approval
N. Gray seconded the motion. All members voted in favor, thus the motion passes.
New Business
File #2007-09-Application for a Special Permit for a Martial Arts School located at 15 River Road (Map 5, Lot 3, DC Zone). ~AMPM Properties LLC, Owners, Daniel Arnini, Applicant. ~(Received on 3/20/07, Public Hearing by 5/15/07, Decision by 7/17/07). ~
Public hearing is scheduled for 4/17/07.
Renewal of Special Permit for Wilderness Lake Campground. 150 Village Hill Rd. (Site walk 3/31/07)
The commission discussed issues that the campground has had over the last year. They looked at an advertisement that was in the paper for public events which they are not allowed to have. Also, they have not submitted the health inspectors report or a water report for last year. S. Yorgensen said that she asked the campground for a public health inspector’s report from this year or last year as they do not inspect when campgrounds are closed.
N. Gray asked if the commission is supposed to get potable water reports through out the year. S. Yorgensen said that he Health Dept. is supposed to get the reports. He suggested that the commission make it a condition of re-newel that they receive the reports as well.
S. Yorgensen said that campground owners used to have to test ponds each month, but now the health department does it.
R. Tulis stated that he feels that Mr. Crossen has done a good job cleaning up the camp ground from what it looked like before.
M. Ellis asked if a notice was sent to him after the ad came out in the newspaper regarding public events. S. Yorgensen said nothing was sent to him. The commission discussed if private events could be held at the camp ground. They decided that they could as long as they were not open to the public. S. Yorgensen read the regulations regarding public events.
N. Gray asked how the board would go about not renewing an application. The commission discussed it.
R. Tulis suggested sending a letter regarding the prior violation from hosting a public event and stating if they host another public event then they will lose their permit.
A. Marco asked if they could suspend a renewal. S. Yorgensen said that they can approve with conditions, such as the report from the Health District must be submitted and the applicant can be warned regarding having public events.
M. Ellis made a motion to renew the Wilderness lake Campground’s permit with the conditions that the commission receive a report from the Health district and that no further public events are held, if he has another then the permit will be pulled.
Minutes
M. Ellis made a motion to approve the 3/6/07 minutes with the correction that N. Gray listen to the recordings of the public hearings that he did not attend. N. Gray seconded the motion. All voted in favor except R. Tulis who abstained.
N. Gray made a motion to approve the 3/20/07 minutes. R. Tulis seconded the motion. All members voted in favor, except T. Murphy who abstained.
Correspondence
1. Memo from DEP. RE: Halcheck Pond Dam, Dam # 16010
2. Letter from Branse, Willis, Knapp LLC. RE: Willington Zoning Board of Appeals General legal Florian Variance Request.
Staff Report and Discussion
M. Ellis said that he noticed a large amount of illegal dumping on the property next to the camp ground. S. Yorgensen said that she will look into the mater. Commissioners said that there were many unregistered vehicles on the property as well. M. Ellis asked that Gary Jones send them a violation regarding that issue.
Public Comment
Adjournment
N. Gray made a motion to adjourn. T. Murphy seconded the motion. All members voted in favor.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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