Town of Willington, CT - PZC meeting minutes August 21,2007

PZC meeting minutes August 21,2007

Planning and Zoning Commission

40 Old Farms Rd Willington, CT 06279

August 21, 2007 – 7:30 PM

Meeting Minutes

Members Present

Matthew Ellis- Chairman

Ralph Tulis- Vice Chair

Andy Marco- Secretary

Thomas Murphy

Phil Nevers

Jim Poole- Alternate

Absent:

Peter Latincsics- Excused

Norm Gray

Also Present:

Gary Jones- Assistant Zoning Agent

Melissa McDonough- Recording Clerk

M. Ellis called the Public Hearing to order at 7:30pm. J. Poole was seated as an alternate for Peter Latincsics.

Public Hearing

File PZC2007-17- Application for Resubdivison of Lot 7 Mihaliak Road Ext. & Rosemary Lane (Map 50, Lot 3, Zone R80). Lechowiz Farms Estates Owner/Applicant: Mary C Litwinczyk & Litwinczyk Children, LLC (Received 6-19-07, P.H. 8-21-07. Decision within 65 days after close of P.H.) Site walk 8-18-07.

Ed Pelletier from Datum Engineering was present to discuss the application. He stated that the property is located on Mihaliak Road Ext. and Rosemary Lane which has not been constructed yet. He explained that Lot 7 will be split into two lots. Lot 7A will remain the same from the original plan that was submitted and approved when the whole sub-division was approved. Mr. Pelletier stated that the lot will be separated where there is a natural wetland area. Lot B will front on Mihaliak Road Ext. and will have an onsite sewer and drilled well. Lot B has received wetlands approval as well as approval from Eastern Highlands Health District.

Mr. Pelletier handed the green cards showing he notified all abutters that the public hearing would be held. Mr. Pelletier told the commission that a fee in lieu of land has been given to the town. The commission asked First Selectman Eldredge if the town has received the check. Mr. Eldredge said that they had. R. Tulis stated that staff informed the commission that they had gone to the town clerk to make sure the deeds had been recorded but they were not. Mr. Pelletier assured the commission that they had been recorded and that he had copies in his office. The commission asked Mr. Pelletier if he had any copies with him. He said he did not.

The commission members suggested keeping the public hearing open until the deeds are found.

J. Poole asked if the stone walls will be left in tacked on the property. Mr. Pelletier said that the majority of them will. A portion of one stonewall will be removed to put the driveway in.

R. Tulis made a motion to continue the public hearing for File PZC2007-17- Application for Resubdivison of Lot 7 Mihaliak Road Ext. & Rosemary Lane (Map 50, Lot 3, Zone R80). Lechowiz Farms Estates Owner/Applicant: Mary C Litwinczyk & Litwinczyk Children, LLC open until September 4, 2007 meeting.

A. Marco seconded the motion. All members voted in favor, thus the public hearing remains open.

File PZC2007-21 Application to Amend the Zoning Regulations 451 River Road (Map 34, Lot 6) Owner/Applicant: TJF, LLC (Received 7/17/07, Public Hearing 8/21/07, Decision within 65 days after close of Public Hearing)

J. Poole asked to rescue himself from the application as he has worked extensively with the applicants through his role on the Economic Development Commission.

G. Jones went over comments from Attorney Branse. He stated that Mr. Branse recommended that the wording be changed from Commercial Veterinary Hospital to Veterinary Hospital and to remove “on parcels no smaller than five acres” and to change the section number to 5.04.01.02.36.

M. Ellis explained to the commission the reason for the request for a zone change.

J. Poole, chairman of the Economic Development Commission, stated that he feels allowing the animal hospital to be built is in keeping with the towns POCD. He stated that the animal hospital will be a Green building which will be a very positive thing to bring to the town. J. Poole said that the Economic Development Commission is in favor of the zone change and asked the PZC members to act in due hast as the applicants would like to begin building as soon as possible.

The commission asked Ms. Love if the business would fall under outpatient hospital. She said it would not that it is an animal hospital, although some animals will go home after being treated that same day, but many will stay for further follow-up treatment.

R. Tulis stated that the town regulation’s definition may be different then a veterinarians definition of an animal hospital and an outpatient hospital. He urged her to look carefully at the town regulations so she can request exactly what she needs in her application.

R. Tulis made a motion to close the public hearing for File PZC2007-21 Application to Amend the Zoning Regulations 451 River Road (Map 34, Lot 6) Owner/Applicant: TJF, LLC.

A. Marco seconded the motion. All members voted in favor, J. Poole rescued himself. Thus the public hearing was closed.

Regular Meeting

Chairman Ellis called the Regular Meeting to order at 7:45 P.M. Members were seated as above.

New Business

File PZC2007-24–Pursuant to CGS 8-24 review of Extension of public water supply north side Depot Rd to Route 32 up to Hall Memorial School property. 111 River Road (Map 15, Lot 23, Zone R80) Owner/Applicant: Town of Willington.

File PZC2007-25–Pursuant to CGS 8-24 review of Installation of public water service lines from Route 32 into Hall Memorial School 111 River Road (Map 15, Lot 23, Zone R80) Owner/Applicant: Town of Willington.

James DeSellier from Lenard Engineering was present to discuss the application along with First Selectman Mike Eldredge.

Mr. DeSellier went over the plan to connect the existing public water supply located on Depot Road and owned by Birmingham Utilities to Hall Memorial School. He explained that the water main will connect from Depot Road to Hall Memorial School. He stated that they will need to cross a box culvert and went over the details of how this will occur. A small retaining wall will need to be built and guard rails will be installed so no one can drive over the pipes in the ground.

Mr. DeSellier said that the pipes will continue down Route 32 on the left side of the road, a fire hydrant will be placed at the corner of Village Street. He discussed how the pipes will be connected to Hall Memorial School and the additional hydrants that will be added both for the school as well as for domestic use.

R. Tulis asked about the stream that crosses Route 32. The commission members discussed the located of the stream and determined it did not affect the placement of the pipes for this project.

A. Marco asked if the property on Route 32 and Depot Road where the pipe will be placed is town property. Mr. DeSellier said that it is all town or DOT right away.

The commission asked if an eight inch pipe will be able to host water for anything else besides Hall School. Mr. Eldredge stated that due to using a STEAP grant to fund part of the work they are not allowed to put in a pipe that will allow for future expansion. They can only make it as big as the school requires.

M. Ellis asked how much this will cost the town. Mr. Eldredge said $130,000; he stated that the grant will cover $300,000.

The commission discussed other options that town has for a new water system at the school such as digging new wells.

M. Ellis asked if the houses along the new water pipe will be allowed to tap into it. Mr. DeSellier said that they will be allowed at there own expense. M. Ellis asked if the pipe will provide enough water for that. Mr. DeSellier said that there would be plenty of water although if the Village Street or Center Street wants to tap in then the pipe needs to be larger.

R. Tulis stated that he did not want to see public water in Willington.

The commission discussed that town residents are paying to put a public water system into a privately owned building as the Hall Foundation still owns Hall Memorial School.

M. Ellis stated that he feels that putting in a smaller pipe that does not allow for future expansion is a waste of taxpayer’s money.

J. Poole asked if the pipe can be expanded once the work is completed. Mr. DeSellier said that once the work is complete Birmingham Utilities will own the entire system and they can do what they want with it.

J. Poole asked if a hydrant will be placed at the corner of Depot Road and Route 32. Mr. DeSellier stated the fire department did not feel that location would be a convenient location to fill their trucks.

T. Murphy asked if Hall School expands will the new water system provide enough water. Mr. DeSellier said that there will be enough. He explained that they are not putting a sprinkler system at this time but the piping will allow for one in the future.

In pursuant of CGS-24 R. Tulis stated that the commission is in favor of File PZC2007-24–the Extension of public water supply north side Depot Rd to Route 32 up to Hall Memorial School property. 111 River Road and File PZC2007-25–Pursuant to CGS 8-24 review of Installation of public water service lines from Route 32 into Hall Memorial School 111 River Road...

M. Ellis seconded, all members agreed.

Old Business

Public Hearing continued to September 4, 2007.

The commission discussed if they felt that there were any negative aspects to allowing animal hospitals in commercial zones in town. The commission did not see any problems that could result in the regulation change.

M. Ellis made a motion to amend the zoning regulation to include animal hospitals in commercial zones with final details to be worked out with staff and the town attorney.

P. Nevers seconded the motion. All members voted in favor, J. Poole abstained.

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 2/20/07, Public Hearing 4/3/07, continued to 5/1/07, continued to 6/5/07, extension granted, continued to 6/19/07. Decision by 8/21/07. Site walk 3/31/07)

The commission stated that they wanted to discuss hours of operation for construction and make sure all common driveway issues are taken care of before voting on this application.

M. Ellis told the commission the town engineer K. Acomovic’s report stated that all his concerns have been taken care of.

M. Ellis made a motion to approve 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 with the conditions: The hours of operation to be set by the commission and all common driveway regulations be included clearly in each property deed.

The commission discussed the motion. J. Poole suggested having the hours of operation be 7am to 5pm Monday to Friday, 8am to 4pm Saturday and no work on Sunday. He urged the other commission members to consider the neighbors who will not want to be disturbed by loud construction noise early in the morning and late at night.

M. Ellis suggested having hours of operation be 7am to 6pm Monday to Friday. G. Jones suggested having the Saturday hours starting at 7am due to concrete deliveries.

Conditions:

1. Hours of operations to be 7am to 6pm Monday to Friday and 8am to 4pm Saturday, with no work to be done on Sundays.

2. All language concerning the common driveways included in the deeds.

3. Any revisions required by the Town Engineer to be incorporated into the final plans.

All members voted in favor of the motion. J. Poole abstained.

File PZC2007-23 Application for Sign Permit 60 Old Farms Road (Map 71, Lot 1) Owner/Applicant: Town of Willington (Received 7/17/07, Public Hearing by 9/18/07, Decision by 9/18/07)

The commission looked at the file. They stated that there still is no additional information for the commission to make an informed decision.

A. Marco suggested tabling the application to the next meeting.

Review and approval of renewal of special permit for American Eagle Saloon Café. 15 River Road (map 5, lot 3) Owner/Applicant: Amy Moore

Amy Moore and her attorney were present to discuss the renewal of her special permit. Ms. Moore’s attorney said that he spoke with the town’s attorney regarding the outside seating. He said that Ms. Moore is withdrawing her new application to expand the seating to outside and will submit a new application. The attorney passed out a memo to each commission member explaining what he feels was the miscommunication between the town and Ms. Moore regarding the removal of outside furniture.

G. Jones told Ms. Moore that the town attorney does not want her to store any of the benches or umbrellas outside; they all must be kept inside. Ms. Moore said that she plans to destroying the benches and keeping the umbrellas in the basement.

Ms. Moore asked the commission if the umbrellas can be used for smokers when it is raining as currant liquor commission does not allow smoking under awnings connected to buildings. The commission said that the umbrellas could not be used at all.

J. Poole stated that at the last meeting Ms. Moore’s attorney stated that she has no plans of submitting an application for allowing food and beverages outside. Ms. Moore’s attorney stated that his statement was a misunderstanding with Ms. Moore. He said he did meet with her before the last meeting and thought that was her plan. He stated that the new application will included allowing food and beverages on the deck.

M. Ellis made a motion to approve the renewal of the special permit for American Eagle Saloon Café, located at 15 River Road. The permit will be annually renewable on April first with all existing conditions kept in place and the removal of all benches and umbrellas from outside the premise.

R. Tulis seconded the motion. All members voted in favor.

Minutes

M. Ellis made a motion to accept the minutes. R. Tulis seconded the motion. All members voted in favor.

Correspondence

None

Staff Report and Discussion

G. Jones told the commission members that he feels he did a thorough search for the deeds for the Litwinczk property, but will check again tomorrow.

M. Ellis discussed the letter to the DOT that the commission will be sending. R. Tulis asked to be emailed a copy so he can make a few revisions.

J. Poole suggested having staff email the commission members meeting agendas and minutes instead of mailing them to save paper and postage.

T. Murphy stated that Kids Kingdom Daycare has still not taken down their temporary sign and it has been up for over a year. M. Ellis stated that they still have not completed their landscaping as well.

J. Poole stated that the commission still has not seen the final wording for the approved Wilderness Way. R. Tulis stated that the commission should be able to vote on the final wording.

J. Poole told commission members that the town of Lebanon is re-writing their zoning regulations and heard that they are not taking sub-division applications until they have completed writing the regulations. He suggested to the commission that they do the same thing so it does not get confusing as to which regulations apply to which sub-divisions.

M. Ellis said that if they are going to do it they need to do it now. The commission discussed how long they can not accept applications. R. Tulis said they can do it for six to nine months but no more then one year. The commission members agreed that a public hearing would need to be held for this to be done. They stated that they will discuss it further at the next meeting.

J. Poole stated that he would like to receive a copy of the new regulations from Jenna before next Tuesday’s meeting with enough time to review it.

J. Poole asked the commission if they would like to invite a few members of Coventry’s PZC to talk to them about how they have implemented open space sub-divisions into their regulations. The commission members said that they would like them to come to Tuesday’s regulation meeting.

Chairman Ellis would like to invite Chairman Anderson and other members of the Conservation Commission come to a meeting and go over the Natural Resource Inventory and Open Space Conservation Plan with the Planning and Zoning members.

John Patton arrived to discuss the sign for the senior center. The commission told him that they had tabled the application to the next meeting. Mr. Patton said that he would still like to tell them about the sign so they have the information. He stated that the new sign will replace the existing sign at 60 Old Farms Road. H said that it will be one sided, less then 20 square feet and will not be lighted.

J. Poole made a motion to adjourn. P. Nevers seconded the motion. All members voted in favor.

Respectfully Submitted,

Melissa McDonough

Recording Clerk