Town of Willington, CT - PZC Meeting Minutes Feb 5, 2008

PZC Meeting Minutes Feb 5, 2008

Planning and Zoning Commission

40 Old Farms Road Willington, CT 06279

February 5, 2008 – 7:30 PM

Meeting Minutes

A. Call to Order

Chairman, Matt Ellis, called the meeting to order at 7:31 p.m.

B. Roll Call

Members Present:

Matthew Ellis, Chairman

Andrew Marco, Vice Chairman

Phil Nevers, Secretary

Edward Standish

John Sullivan

Tom Murphy

James Poole seated for P. Latincsics

Members Absent:

Peter Latincsics, exc.

Also Present

Susan Yorgensen, Planning and Zoning Agent

Public Hearing:

Amendment to Plan of Conservation & Development – Addition of the Conservation Commissions Natural Resource Inventory and Open Space Plan. (Public Hearing Jan 15, 2008 continued to Feb 5 Decision by March 18, 2008)

Kathy Demers, of the Conservation Commission, was present. Discussion was held regarding the criteria used when creating Map 16 labeled Conservation Priority Areas. Ms. Demers commented that appendix four was the criteria used to develop priorities.

A revised Map 16 was presented. Ms. Demers said they worked with the GIS Specialist and softened the lines so that individual parcels cannot be identified. Discussion was held on the color coding in which Ms. Demers explained that a point system was used to come up with parcels that have the highest resource value. Ms. Demers commented that the Conservation Commission took the directive to develop the maps of the natural resource inventory from the PoCD.

A. Marco thanked the Conservation Commission for their efforts. A. Marco made a motion to close the hearing. E. Standish seconded the motion. All in favor.

File # PZC2007 – 46 Application for Special Permit for convenience store At 11 Phelps Way (Map 30 Lot 14 Zone DC) Applicant: Pankaj N & Minaben C Patel (Received Jan 10, 2008 P.H. by March 4, 2008 decision Within 65 days after close of P.H.)

J. Poole recused himself.

Applicants, Mr. And Mrs. Patel were present as well as Clem Langlois. Mr. Patel explained that the application is for a 2000 square foot Convenience Store that will sell grocery items, beer, tobacco, automobile supplies, and other various convenience items. He commented that there will be no cooking on site and they will only sell coffee. M. Ellis questioned the auto supplies and Mr. Patels explained the items to be sold. M. Ellis then read the listing, supplied to the commission, of the items to be sold. Mr. Patel said the name would be Willington Convenience Store. J. Sullivan asked the days and hours that they would be open. Mr. Patel said the hours will 6 to 9, 7 days a week, with fewer hours on Sunday. M. Ellis asked when they would like to open and Mr. Patel said 30 to 60 days.

Linda Rivers, the owner of the Daily Grind, was also present. She expressed her concern of the convenience store selling coffee and donuts and her concern for her business. She asked if there was a way to say the convenience store could only sell coffee at certain hours. M. Ellis said they couldn’t regulate that. S. Yorgensen commented that they cannot stop similar businesses from moving in. Ms. Rivers commented about a public restroom issue and people coming to the Daily Grind to use their restrooms but not purchasing anything. J. Poole commented that Economic Development would do their best to work with Ms. Rivers and Mr. and Mrs. Patel. J. Poole expressed his concern, from an Economic Development perspective, that all permits are in place before they get the permit for occupancy. He asked the commission to monitor this.

Mr. Langlois commented that permits are already in but the building inspector wants a stamped drawing just for windows. He said the electrician is still out to bid. S. Yorgensen said she talked to the building inspector and the permits are not signed. M. Ellis said the final permit would not be issued until all the work is done.

Mr. Patel said they are new to the process. S. Yorgensen explained the permit process.

E. Standish asked about the signs. Mr. Patel said they will have red signs over the door. Mr. Langlois showed the committee a picture of the Willington Convenience Store sign, which will be 8 feet long. M. Ellis commented that the signs have to be in conformity with everything else in the plaza. S. Yorgensen commented that neon signs are not allowed.

E. Standish made a motion to close the public hearing. P. Nevers seconded the motion. A. Marco abstained.

M. Ellis called the regular meeting to order.

Amendment to Plan of Conservation & Development – Addition of the Conservation commissions Natural Resource Inventory and Open Space Plan. (Public Hearing Jan15, 2008 Decision by March 18, 2008)

A discussion was held on the criteria used by the Conservation Commission. J. Poole requested to have the WINCOG report, on the PoCD amendment, added to the minutes. J. Poole made a motion to have the Natural Resource Inventory and Open Space Plan added to the Plan of Conservation. E. Standish seconded the motion. All in favor.

REGIONAL PLANNING COMMISSION

Date: January 9, 2008 WILLINGTON

Referral #: 07-12-03-WN Conservation Natural Resource

Report on: POCD Amendment Inventory and Open Space Plan

To: Town of Willington Planning & Zoning Commission

C/o: Susan Yorgensen, Town Planner

Commissioners;

This referral involves a proposal to adopt the Conservation Natural Resource Inventory and Open Space Plan as an amendment to the Plan of Conservation and Development.

Receipt is hereby acknowledged of the above referral. Notice of this proposal was transmitted to the Windham Region Council of Governments under the provisions of Section 8-23 (f) (4) of the Connecticut General Statutes, as amended.

Comments for Inclusion in the Public Record: The Regional Planning Commission reviewed the proposed amendment to the Plan of Conservation and Development at their January 9, 2008 meeting. The commission offers recommendations on how proposals can better meet the goals and vision of the Windham Region Land Use Plan, WINCOG’s regional guide for conservation and development. The recommendations of the Regional Planning Commission are purely advisory.

The Regional Planning Commission applauds the efforts of the Willington Conservation Commission in preparing this important document. The Conservation Natural Resource Inventory and Open Space Plan provides detailed natural resource and conservation information that supplements the resource-based future land use map contained in the current Willington Plan of Conservation and Development.

The plan amendment is generally consistent with state and regional policies contained in Connecticut Conservation and Development Policies Plan 2005-2010 and the Windham Region Land Use Plan 2002. It is also generally consistent with the plans of abutting towns.

The Open Space Plan contains many useful recommendations for the future of Willington, but the Conservation Commission alone cannot further these recommendations. Most require close partnership with other town boards such as the Planning and Zoning Commission and the Board of Selectman. The current Plan of Conservation and Development contains an Action Plan that identifies, in table form, whether the recommendation is a short-term task or a long term task, which town board is the primary agency and which town board plays a supporting role. The Conservation Commission may wish to consider putting the recommendations from the Open Space Plan into the Action Plan format found in the current Plan of Conservation and Development.

The Willington Planning and Zoning Commission may wish to consider physically appending the Conservation Natural Resource Inventory and Open Space Plan to the Plan of Conservation and Development and providing both together on the town website as a single document.

Questions concerning this referral should be directed to Jana Butts at the Windham Region Council of Governments.

Sincerely,

Katherine Holt, Chair

WINCOG RPC

M. Ellis commented to approve conditionally with the blessing from the fire marshal, health department, and all permits received. A discussion was held on whether or not to approve with the conditional verbiage. A. Marco commented that all permits are conditional on all regulations being met. S. Yorgensen commented that she agreed but if the conditions are written more times, then it is easier for people to follow. E. Standish commented that by stating everything on the record, it helps to guide the applicant.

P. Nevers made a motion to approve with the following conditions:

1. All required permits, (i.e. zoning, building, electrical and plumbing) be attained. 2. No occupancy or CO until Eastern Highlands Health District, fire marshal and all state, local and federal, approvals are attained.

3. All signage must meet zoning regulations and must come before the commission for approval.

E. Standish seconded the motion. J. Poole abstained. All in favor.

Discussion:

Mr. Langlois told the commission that CL&P talked to him about changing the light bulbs, in Phelps Plaza, to be more energy efficient. M. Ellis commented that they cannot have up lighting. Mr. Langlois said the lights will not be recessed but they will not hang below the eave. The commission asked Mr. Langlois to bring in the existing plans and the proposed package from CL&P.

Mr. Langlois said that Horizon Magazine approached him about renting in the plaza. He said he would have to find out if he could put a light industrial business in the plaza. S. Yorgensen said they need to look at the use regulations. M. Ellis asked Mr. Langlois to get a list of the equipment from Horizon and to set up an appointment with S. Yorgensen and Economic Development.

Planning and Zoning Representation for WINCOG.

A discussion was held on the requirements of being a WINCOG representative. The meetings are the first Wednesday of the month and it is a two-year term. J. Sullivan volunteered to be the representative and A. Marco volunteered to be the back up.

Special Meeting Minutes, January 8, 2008. J. Poole commented that they need to make sure the minutes are 100% accurate. S. Yorgensen commented that it is much more important to look at content rather than spelling. M. Ellis made a motion to approve the minutes. A. Marco seconded the motion. All in favor.

Meeting minutes dated January 15, 2008. M. Ellis asked for a change to be made on page 2. Change “Mr. Becker” to “Ms. Becker commented, if this is the criteria used, could the intent of the map be clearly stated on the map”. M. Ellis made a motion to approve. A. Marco seconded the motion. All in favor.

Correspondence

2008 CT Land Use Academy Courses, locations and dates. S. Yorgensen asked to commission to email her if they would like to go to the courses.

DEP Reports on the Fed Ex chemical spill, fuel spill on 470 River Rd and the Fed Ex Diesel Spill.

Notice of Subdivision Regulation Hearing in Coventry. A discussion was held on the changes Coventry made.

S. Yorgensen commented that she sent out violation notices. A discussion was held on the daycare sign in violation. S. Yorgensen said she would send out a letter.

Staff Report. S. Yorgensen had nothing additional to report.

J. Poole discussed an issue based on prior minutes. The recreation dept has come before CIP based on a comment Ralph Tulis made. He said an area “might make a good place for a ball field” but the minutes read, “will make a good place for a ball field”. They are requesting $10,000 to have the property surveyed. They would like to turn half of it into a women’s ball field and pave the other half for parking. J. Pooled commented that the minutes need to be accurately stated. In addition, he would like the commission to state what a piece of property can be used for, potentially, and not used for when designated as open space. He commented that the CIP should come before the Planning and Zoning Commission. S. Yorgensen said the commission should always look at the CIP plan. S. Yorgensen said no town land is allowed to be used, leased or sold without coming before the commission for an 8-24 review. M. Ellis requested a letter be sent to CIP and the Board of Selectmen and let them know all plans should come before the Planning and Zoning Commission.

A discussion was held on the plan documents required when applying for a Sand and Gravel Permit. J. Poole asked if the commission should place a minimum standard they will accept as a plan. A. Marco commented that they could set up an outline. S. Yorgensen said there are requirements for the application and there are requirements for the excavation. A discussion was held on when and if requirements are waivable. J. Poole said that at one point the regulations say the Commission can waive all requirements. S. Yorgensen said she does not see where the application requirements are all waivable, only the ones that are expressly allowed. A conversation was held on the interpretation of the regulations. J. Poole commented that they could talk about the interpretation of the regulations offline.

The Planning and Zoning Commission will add standard conditions to all special permits. These conditions include, but are not limited to: all permits, i.e. zoning, building, electrical and plumbing be attained. No occupancy or CO until the Eastern Highlands Health District, fire marshal and all state, local and federal, approvals are attained. All signage must meet zoning regulations and must come before the commission for approval.

J. Poole commented that he has not seen an update from Karl Acimovic since January 8^th. M. Ellis said he would check his email.

Draft Subdivision Regulations

Additional meetings were added to finish the Draft Subdivision Regulations. Saturday, February 23^rd, 8:00 to 10:00 and Tuesday, February 26^th, 6:00 to 9:00.

E. Standish made a motion to adjourn at 9:12. T. Murphy seconded the motion. All in favor.

Respectfully Submitted,

Michele Manas

Recording Clerk