Planning and Zoning Commission
40 Old Farms Road ~~~Willington, CT ~06279
April 17, 2007- 7:30 P.M.
Meeting Minutes
R. Tulis called the meeting to order at 7:30 PM
Roll Call:
Present
Matthew Ellis- Chairman –arrived at 8:00 PM
Ralph Tulis- Vice chair
Andy Marco- Secretary
Thomas Murphy
Norman Gray
Phillip Nevers
Peter Latincsics- arrived at 8:40 PM
Gary Jones- Assistant Zoning Agent
Melissa McDonough- Recording Clerk
Public Hearings:
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 3/20/07, Public Hearing on 4/17/07, Decision within 65 Days after close of P.H.).
The applicant was present to discuss his application, he stated that he would like to open a martial arts school in Willington. He stated that he currently has a large school in Vernon and a satellite school in Coventry; this school in Willington would be another small satellite school. Mr. Arnini stated that he currently has nine adult instructors and feels that he has enough staff to open a new school with the majority of the classes being for children. He went on to explain that they are community orientated and care about how their students act outside of their karate classes within community.
R. Tulis asked Mr. Arnini if he was concerned with the location of the school, as it would be next to the bar, tattoo shop, and smoke shop. Mr. Arnini said that the Vernon school is next to a liquor store and that has not been a problem. He also stated that the children’s classes would be held during the day so they will not be exposed to those stores busiest business time. He stated that the last children’s class will be from 4:15 to 5:15 PM and the last adult class should end by 7:30 PM. Mr. Arnini asked if he should be aware of any issues that the plaza has, as he wants to keep a positive reputation for his business. R. Tulis explained that the Eagle Café is a biker bar and the patrons often hang out in the parking lot.
Mr. Arnini talked about the community events that he sponsors in Vernon that he would be able to provide in Willington as well; such as a self-defense class for women. He stated he offers this free of charge once a month.
Mr. Arnini discussed the exposure the students would have to the plaza. He stated that the students would be dropped off and then their parents would have to come in to pick them up. Mr. Arnini said that he would speak with the property owner and request designated parking spots outside the school so the students would not be walking in front of the other stores.
The commission looked at the plans from the school. They asked if there would be any interior changes. Mr. Arnini stated that they are putting in a bathroom.
N. Gray asked what size the classes would be. Mr. Arnini said that they would be about ten students although the room can handle about twenty. He explained that the children will take classes twice a week and adults can take classes three times a week.
T. Murphy asked if they would be holding any tournaments at the Willington School. Mr. Arnini said that all tournaments would be in Vernon.
The commission discussed Eastern Highland Health Districts approval, which stated that the school could have no more then 40 students per week.
T. Murphy asked if they were going to put up a sign. Mr. Arnini said that he would submit his plans to the commission. R. Tulis said that they prefer that signs are not lit. G. Jones said that he would copy the town’s regulations for Mr. Arnini so he can decide what he wants to do. Mr. Arnini asked if they can put a neon open sign in the window. G. Jones said he would find out if it meets the regulation.
P. Nevers asked if there needs to be an emergency exit. The commission discussed if the school was large enough to need an emergency exit by state law. G. Jones said the fire marshal would inspect and let them know. Mr. Arnini said that if they put in an emergency exit it would have to go into one of the other stores.
Jim Poole- 96 Spak Road- asked if there was going to be anything for sale at the store. Mr. Arnini said they would sell t-shirts and uniforms with the schools logo.
M. Ellis asked if they would be teaching any weapons. Mr. Arnini said that they will not be teaching weapons right away but they might next year. M. Ellis asked if they would be selling those weapons when they start to teach. Mr. Arnini said that they would. R. Tulis said that the commission can deal with that when they decide to start teaching, for now they can condition the application for not teaching or selling weapons.
P. Nevers made a motion to close the public hearing. N. Gray seconded the motion. All members voted in favor.
Regular Meeting:
Pre- Application
R.F. Crossen Contractors, LLC informal discussion regarding a 14-Lot subdivision plan that will be part of a proposed settlement.
Matt Rinelly from Shipman and Goodman was present to discuss the pre-application along with Mark Peterson and Allison Keene the applicant‘s engineers. Mr. Rinelly explained that this is a 52-acre parcel that is being proposed to sub-divide into 14 lots. He explained that this application was denied last year with a similar layout and then brought to court. Since then the courts have encouraged a settlement. He stated that due to the application being denied with out prejudice time has been spent making a good faith effort to correct the issues that the commission had with the first application.
Mr. Rinelly said that he received a letter from the town’s attorney and he agrees with what was in the letter, which stated that the town felt that it would be better to bring the application back as a new application. He went on to explain that the application would first need to go to wetlands for approval before it could come back to Planning and Zoning.
Mr. Rinelly went over the changes to the new application. He stated that they have made road improvements including paving a width of 24 feet of the road but paving it to the end so the drainage issues at the end of the road can be addressed.
Mr. Peterson went over the open space that was designated in the sub-division including the wildlife corridor.
He also discussed the access to the Poole property. Mr. Peterson said that there is a fifty foot right away at the edge of Mr. Crossen’s home and his driveway currently crosses the right away.
M. Ellis asked about the thirty-year sunset clause for the right away. He stated he was concerned about this for several reasons. He stated that no one knows who will own the Poole property in thirty years as well as the fact that it makes the land unable to be develop for thirty years.
P. Latincsics asked if the open space that is being suggested meets the requests from the conservation commission. Mr. Peterson said he did not think they had a specific requirement for land that was deemed easement or dedicated open space.
The commission asked how much of the dedicated open space is in the buildable area. Mr. Peterson pointed out on each lot what was in the buildable area. M. Ellis asked how reasonable it is to have open space in people’s backyards that they are unable to use. Mr. Rinelly said that they are able to enjoy the scenic vista. R. Tulis stated that he feels that the buildable area should be excluded from the easement area. Mr. Peterson asked if the commission would accept the minimum buildable area to get the conservation easement out of the buildable area.
R. Tulis asked to have the conservation easements pinned on the ground and not just put on trees.
The commission asked what happens to Mr. Crossen’s driveway when the Poole property is developed. Mr. Peterson stated that the next developer would be responsible for moving it, including all sedimentation and erosion control.
R. Tulis stated that he did not like that a “Comma” lot was being proposed as it allows for a piece of land to not be able to be used by either property owner. Mr. Peterson said that it would be a challenge to change it.
The commission discussed the maintenance easements for the town drainage system.
M. Ellis said that the Crossen driveway was put in with out any permits and if the sub-division is approved the applicant would need to prove what the driveway is made of. They discussed various ways this could be done, such as digging a trench or test holes.
T. Murphy asked about water run off from Wilderness Way to Kucko Road. Mr. Peterson said that the water would go into basins before it reaches the other road.
Mr. Rinelly told the commission that he is requesting that the application fee be waved for the applicant except for the state fee and publication fee as this is truly a continuation from last year. R. Tulis asked G. Jones approximately, how much the fees would be. He said around $3000. R. Tulis asked Mr. Rinelly about the staff’s time that they would have to put towards working on this application. He explained that the fees are to cover that time as well. Mr. Rinelly said that he feels that he is saving the town money by settling out of court. N. Gray asked if any other applications have ever had their fees waved. G. Jones said that he did not think so, but would look into it.
The commission discussed the Poole property and the sunset clause; they stated that they were under the impression that it was only supposed to be twenty years. R. Tulis said that he thinks fifteen years is much more reasonable. He added that if the Crossen property changes hands then the sunset clause should end. Mr. Poole said that he currently has a ten-year plan for the property and is in the 4th year of a 490 plan. He said that he would be in the 490 plan until 2014. R. Tulis pointed out that if Crossen agrees to fifteen years, Mr. Poole still loses out on five years that he cannot develop his property. Mr. Rinelly said that he would be willing to except the twenty-year sunset clause with the removal of the clause if the property is sold. R. Tulis said he wants
fifteen years. P. Nevers said that the applicant should not be allowed to create a hardship for someone else.
Mr. Rinelly said that he would meet with his client to decide what their next step will be.
Old 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 3/20/07, Public Hearing on 4/17/07, Decision within 65 Days after close of P.H.).
T. Murphy made a motion to approve 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 with the following conditions:
1. The applicant will arrange with the property owner (Amy Moore) for dedicated parking spaces in front of the school for student pick up and drop off.
2. No children will be allowed to wait to be picked up in the parking lot.
3. Students will not be allowed to be dropped off by a school bus.
4. At this time no weapon instruction or sales will be allowed. The applicant can come back and re-apply at another time.
5. A complete list of retail items will be submitted to the town.
6. Signage must be submitted and approved by staff
7. The fire marshal will inspect the school and submit approval to the town
8. All green cards mailed to abutters must be submitted to the town
9. The permit is annually renewable May 1st.
All members voted in favor of the motion, M. Ellis abstained.
New Business
Review and approval of renewal of special permit for American Eagle Saloon & Café. 15 River Road (map 5, Lot3) Owner/Applicant: Amy Moore
Tabled
Minutes
R. Tulis made a motion to approve the minutes of the last meeting. P. Latincsics seconded the motion. All members voted in favor, thus the motion carries.
Correspondence
1. Letter from Branse, Willis, & Knapp, LLC. RE: Raymond Crossen & R. F. Crossen Contractors LLC v. Willington Planning and Zoning Commission. Re-subdivision Application Denial.
2.Work zone safety for maintenance operations on local roads conference
3. Letter from Gary Jones to Paul Watson RE: 162 &163 Village Hill Road.
Sub-Committee Reports
None
Staff Report and Discussion
The commission discussed the replacement of the bridge over route 74. R. Tulis said that he would attend the town meeting on May 1st.
Public Comment
Mr. Poole asked for a copy of Mark Branse letter regarding the Crossen case. He was given a copy.
Adjournment
R. Tulis made a motion to adjourn the meeting at 9:25 PM. P. Nevers second the motion. All voted in favor.
| 
