Planning and Zoning Commission
40 Old Farms Road ~~~Willington, CT ~06279
November 20, 2007- 7:30 P.M.
Meeting Minutes
Members Present:
Matthew Ellis, Chairman
Thomas Murphy
Andrew Marco- arrived at 7:45 PM
Phil Nevers- arrived at 8:10 PM
Peter Latincsics
John Sullivan – New Member
Ed Standish – New Member
Jim Poole- Alternate
M. Ellis called the meeting to order at 7:30 PM.
M. Ellis made a motion to seat J. Poole for P. Nevers.
Also Present: S. Yorgensen, M. McDonough
Public Hearings:
File #PZC2007-33 ~Subdivision Regulation Change to allow for a temporary, limited moratorium on subdivision applications and approvals to allow the Commission to study and develop open space subdivision regulations (a variation of Cluster Development pursuant to CGS § 8-25(c)).
M. Ellis read a memo from Mark Branse, the town attorney regarding why Planning and Zoning is asking for the temporary moratorium on subdivision applications. The memo explained the PZC is currently in the process of rewriting their regulations and would like the process to be complete before accepting new applications so they do not have to use two sets of regulations.
M. Ellis opened the floor to the public for comment.
Anne Marie Poole -96 Spak Road, asked the commission how many months they are requesting for the moratorium. M. Ellis said six months. She stated that the document that was read stated this will be a limited moratorium, how is it limited? M. Ellis said it is limited by time, once the subdivision regulations are complete the moratorium will be lifted.
Bob Shabot- 17 Daleville Rd- asked why the commission is only asking for six months. M. Ellis said that they will be able to request an extension if needed.
Steve Amity asked if the moratorium can be moved to start 1/1/08 as he is in the process of getting a large subdivision application through wetlands and would like it to get to the PZC before the moratorium begins. He explained that this is a very large project that he has been working on for a long time and does not want to put it on hold.
J. Poole stated that he supports the moratorium in order for the commission to finish rewriting the regulations, but encouraged his fellow commissioners to move forward with completing them in a timely manor.
T. Murphy agreed with J. Poole stating that he feels that the moratorium would be beneficial so the commission does not have to work with two sets of regulations.
Ralph Tulis asked the commission to try to complete the new regulations within the six month time frame so they do not need to ask for an extension.
M. Ellis explained to the public that if they finish the new regulations before the six month time period is up then the moratorium can be lifted sooner.
J. Poole made a motion to close the public hearing. P. Latincsics seconded the motion. All members voted in favor.
Regular Meeting:
New Business
Conservation Commission to discuss “Natural resource inventory and open space plan”
Peter Anderson from the Conservation Commission was present to discuss the Natural resource inventory and open space plan which the commission had finished compiling. He explained that he feels this document will benefit the town and would like it added to the Plan of Conservation and Development. Mr. Anderson went on to explain that the document can be used when the town applies for open space grants because it shows that parcels are chosen based on science not emotion. Mr. Anderson asked the board how the Conservation Commission can proceed with getting the document accepted by the town.
M. Ellis said that a public hearing would need to be held and then if approved, it would move on to the Board of Selectmen.
J. Poole stated that he would like to see this moved forward quickly.
M. Ellis made a motion to set a public hearing for the “Natural resource inventory and open space plan” for 1/15/07.
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File # PZC2007-34 Application for amendment and modification of Special Permit at 11 Phelps Way (Map 30 Lot14 Zone DC) Owner/Applicant: Triple Sea’s (Received Nov 20, 2007 P.H. By Jan 15, 2008 decision within 65 days after close of P.H.)
The owner of Triple Sea’s was present to discuss his application. He explained that his company takes care of the maintenance of Phelps Plaza. He said that he would like to divide Santilli’s Market into three separate stores. He said that he has been working with a convenient store that may potentially rent space, but would like to make the building appealing to other potential customers. He said that he needs to add two windows, patricians and tile the floors. He said that the walls will not have any electrical in them.
J. Poole asked if any work inside the store had started. The owner of Triple Sea’s said that he has done a lot of clean up work including removing tiles and he started putting up one of the walls. M. Ellis asked why he began work before he received a permit. He stated that he did not know at first that a permit was required to do work inside the building.
M. Ellis stated that he does not have a problem with work being done to improve the building.
S. Yorgensen said that the commission is allowed to approve minor alterations to a site plan.
J. Poole asked why the changes wouldn’t be made after a tenant has chosen to rent the space. The owner of Triple Sea’s said that he is trying to make the space more appealing to potential renters as the space is large and open now and many people have trouble envisioning a smaller store.
P. Latincsics asked if this application could be referred back to staff. S. Yorgensen said that it can it the Commission authorizes staff to approve minor modifications.
J. Poole said he is concerned with approving changes before there is a tenant in the building because the previous owner of the nail salon made changes to the building and then came to PZC and was told that she had to rip out many of the things that she changed, which caused her to waste a lot of money. M. Ellis stated the he does not feel that is the commission problem.
T. Murphy asked about the parking spaces. He asked if there will be enough spaces if the building is going from one store to three. S. Yorgensen said parking requirements go by square footage not number of stores.
J. Poole stated that he does not have a problem with the work to the outside adding windows or doors, but is nervous about putting up new walls with out knowing who is coming into the space.
J. Poole made a motion to all exterior improvements for File # PZC2007-34 Application for amendment and modification of Special Permit at 11 Phelps Way (Map 30 Lot14 Zone DC) Owner/Applicant: Triple Sea’s, but no interior improvements until a tenant makes an application. P. Latincsics seconded the motion.
E. Standish asked if the new changes to the building would become the new tenant’s responsibility. The Triple Sea’s owner said they would be.
J. Poole said that the nail salon did work that was not approved by the commission and had to tear it out which ended up costing her more and took her longer to get her store open.
E. Standish said that he would rather not have space just sitting open in town and if added the walls could get someone to rent the space faster then he feels the commission should allow it. M. Ellis agreed and said he feels that the risk should be assumed by the builder. T. Murphy agreed and pointed out that they are just walls with nothing in them.
P. Latincsics stated that the new tenants should know that when they come in to apply for a special permit that the constructed walls that are put up now may not be approved when they come for their own permit.
J. Poole withdrew his motion.
M. Ellis made a motion to approve File # PZC2007-34 Application for amendment and modification of Special Permit at 11 Phelps Way (Map 30 Lot14 Zone DC) Owner/Applicant: Triple Sea’s with the caveat that future tenants must come before the PZC for special permit approval and the current floor plan may be subject to change. P. Latincsics seconded the motion.
Ellis, Marco, Murphy, Standish, Latincsics, & Sullivan voted in favor of the motion. Poole opposed the motion.
Request for release of remainder of performance bond – Clover Springs Drive
S. Yorgensen told the commission members that Karl Acimovic said that all modifications have been made and that everything is out of the wetlands. She showed the commission pictures of the cleaned up areas.
M. Ellis made a motion to release the performance bond for Clover Springs Drive. P. Latincsics seconded the motion. All members voted in favor.
Old Business
File ~PZC2007-30 Application for a Special Permit and Final site development plan for a Veterinary Hospital at 451 River Road (Map 34 Lot 6 Zone DC) Owner /Applicant Teresa & Jeffery Love (Received 9/18/07, P.H. 10/16/07 Decision by Dec 4, 2007)
J. Poole recused himself.
M. Ellis made a motion to approve File PZC2007-30 Application for a Special Permit and Final site development plan for a Veterinary Hospital at 451 River Road in a Designed Commercial Zone with the following conditions:
1. The lighting plan be revised to show the light spread
2. Approval from the Fire Marshal, State Health Department, and DOT is received prior to a zoning or building permit being issued.
3. Any significant changes in the approved plans must come before the Commission for a modification or new special permit.
P. Nevers seconded the motion. All members voted in favor.
File PZC2007-33 Subdivision Regulation Change to allow for a temporary, limited moratorium on subdivision applications and approvals to allow the Commission to study and develop open space subdivision regulations (a variation of Cluster Development pursuant to CGS § 8-25(c)).
M. Ellis stated that he does not want to be working from two separate sets of regulations when making decisions on applications. P. Latincsics said that he feels six months is a reasonable amount of time to ask for. M. Ellis stated that the commission members do need to work to try and complete everything within those six months.
P. Nevers made a motion to approve File PZC2007-33 Subdivision Regulation Change to allow for a temporary, limited moratorium (6 month) on subdivision applications and approvals to allow the Commission to study and develop open space subdivision regulations. P. Latincsics seconded the motion. All members voted in favor of the motion.
Correspondence
1. Memo from Mr. Acimovic to PZC regarding the annual inspection of Wilderness View
2. Memo from EBI Consulting requesting an invitation to comment
3. Invitation to Willington Woods Open house.
4. Survey of Willington Town Green
Staff Report and Discussion
S. Yorgensen stated that all new and returning members of the PZC have been sworn in.
S. Yorgensen told the commission members that two complaints about junk cars in yards around town have been dealt with.
M. Ellis stated that Kids Kingdom Day Care needs to take down there temporary signs. S. Yorgensen said that the owner is working on getting the permanent one up. She stated that he just received back his bond money and is planning on using that to pay for a new sign.
M. Ellis asked S. Yorgensen to write a letter to the owner of the nail salon building asking to take down the signs as the store is now closed. S. Yorgensen said she will do that.
J. Poole told the commission members that he has noticed a lot of work being done at Willington Veterinary without any permits. He stated that he thinks the building materials being used are not up to code. J. Poole asked if anything is being done about this. S. Yorgensen said that it is up to the building inspector to notice these things and he often does not. J. Poole asked if they can go to the board of Selectmen about this. S. Yorgensen said that they can. J. Poole said he will write a letter on behalf of the other commission members.
J. Poole asked why the board of Selectmen could award a contract for work that went to bid without coming to the PZC first. He stated that work has been authorized for Kucko Road and the commission was never consulted under 8-24. He stated that he feels that town is not following the same rules that they expect others to follow.
Mark Palmer said that the work on Kucko Road is being done for public safety and the board did not think that fell under 8-24.
R. Tulis stated that the board of selectmen need to remember that this is also a planning board and if they came to them other site line issues could be addressed and the entire road as a whole could be discussed. Mr. Tulis stated that it is important for Public Works to stay in contact with the PZC so everyone knows what is going on.
J. Poole suggested a cease and desist order until the town comes to PZC with an 8-24.
M. Ellis said he would like the PZC to write a letter to the Board of Selectmen asking them to stop work on Kucko Road and come to the next meeting with an 8-24. He stated that he would like Mr. Acimovic to come as well to discuss the issues with the road.
J. Poole stated that they need to establish a minimum criterion that is needed for all 8-24 issues.
M. Ellis explained to the new PZC members that they are currently rewriting the subdivision regulations and that he has put together a list of questions that he and other board members have that he would like to go through to see if the entire board has a consensus on these issues.
The board went through issues that they have with the draft document of the new subdivision regulations.
Adjournment
A. Marco made a motion to adjourn at 10:10 PM. M. Ellis seconded the motion.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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