Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
September 1, 2009 – 7:30 PM
Meeting Minutes
A. Call to Order
Matt Ellis called the meeting to order at 7:30 p.m.
B. Roll Call
Members Present:
Matt Ellis - Chairman
Andy Marco – Vice-Chairman
Edward Standish
James Poole, alt. seated for Phil Nevers
Tom Murphy
Member Absent:
Peter Latincsics
Phil Nevers
John Sullivan
Also Present
Susan Yorgensen – Zoning Agent
Public Hearing
PZC2009-17 Application for Special Permit & Associated Site Plan Approval for Recycling Business for construction Material on the East side of Ruby Road (Adjacent to and north of #256, bus parking lot and Map 42 Lot 49A Zone DI) (Received July 21, 2009 Public Hearing September 1, 2009 Decision within 65 days after close P.H.) Site walk August 18, 2009 Owner/Applicant: Ruby Road Development
Attorney Frank Leone was present for the applicant. Atty. Leone said they would like to continue the hearing to address concerns his client received from staff.
Russell Heintz submitted the notifications to abutters, Windham Water Works and the Health Department for the record.
Attorney Thomas Lynch was present representing Ruby Road Associates and the abutting properties. He said he will be present when the hearing is continued and will offer evidence in opposition of this application.
Darlene Chapdelaine, of Action Consulting & Associates, LLC, said she was present representing the abutting properties; the neighbors. Ms. Chapdelaine presented the commission with a binder; a Compilation of Documents in Support of Objection. In this binder, all the names of the applicants were listed and a site plan was included. Ms. Chapdelaine said all the abutting properties across the street and on the side are in the R80 zone. She said she was not allowed on the Manchester site walk although she represented the “neighbors”. Ms. Chapdelaine said she is a certified operator with the State of Connecticut and as she entered the driveway of Manchester Recycling and Materials, she saw a minimum of 20 filled containers which is a major DEP violation.
Ms. Chapdelaine said the company is operating without permits and explained the permits needed for recycling tires and the strict guidelines involved. Ms. Chapdelaine said the abutters were not notified until after the site walk took place.
Ms. Chapdelaine said the applicant does not have a certified operator on site in Willington and that they should have Storm Water Management Plan submitted to the State of CT. Additional information was included on the DEP Fact Sheets submitted by Ms. Chapdelaine along with the CT DEP Clean Fill Guide and Information on Protecting Health Welfare and Safety of Environment & Community.
Ms. Chapdelaine said the applicant has a permit to recycle aggregate materials only but, as the commission saw, they have additional materials on site and she gave examples of these materials.
Ms Chapdelaine said, if the commission gives the applicant zoning approval for recycling construction materials, etc, they can take garbage when cleaning out a house or garage or the garbage from a demolitioned house and put it in the 30 yarders on the property. Ms. Chapdelaine also submitted pictures of the containers and said that the containers were not covered and they have to be in the proper area and on a concrete pad.
Ms. Chapdelaine said the application is very vague and broad and if they get the commission’s approval for recycling, they can then go to the state and apply for any recycling permit they want. A. Marco asked for clarification. He said Ms. Chapdelaine said if the commission issues a permit, the applicant would then apply to the state for these applications. A. Marco asked about the comment Ms. Chapdelaine made stating, based on her experience, the state would then deny these applications but the town is allowing these activities. A. Marco said the commission does not grant anyone permission to do illegal activity. Ms. Chapdelaine said if the commission grants the applicant approval for recycling material, which gives the applicant authority to apply for a wide array of applications to recycle materials. She suggested the commission be very clear on what can be recycled.
Ms. Chapdelaine commented on the lack of dust control and the severe noise. She also submitted information on Connecticut Natural Diversity Data Base Endangered & Threatened Species and a map of endangered species and expressed her concern.
Ms. Chapdelaine submitted 4 cases in which she has worked on and submitted them for the record.
Ms. Chapdelaine said she wants the board to be very much aware and wants to educate them on all requirements of the State of Connecticut.
Rocko Demilia, a resident on Ruby Rd, commented on the noise during the day and said he is concerned about smell.
Attorney Leone said, before the applicant applies for state permits, they want local approval. He said the pictures shown on the Manchester Site are not under the applicant, Mr. Maglieri, sole control and submitted for the record that the materials are not under the control of his client. He shares the site with his landlord and what is going on in Manchester is not going on in Willington. He said the town of Willington will control what happens in Willington.
Atty. Leone said his client intents to receive concrete, asphalt, brick and block, and clean fill earth material which is commonly referred to as construction demolition aggregate debris for recycling purposes. Atty. Leone read a publication from the State of Connecticut Department of Environmental Protection into the record regarding these materials.
Atty. Leone said a lot of negativity was presented of when a permit is abused but they also need to emphasize the importance of recycling. He said his client would like to recycle tires and the shredded tires will be kept in containers and hauled off. He said they should not confuse what was observed at another facility in which is not under the control of this jurisdiction. Atty. Leone said he fails to see the relevance of some of the cases presented and his client does not intend to do anything illegal on this site.
A. Marco and J. Poole asked Atty. Leone and Mr. Heintz if they have read the zoning regulations and said they have not. J. Poole suggested they do so.
J. Poole motioned to continue the Public Hearing until September 15, 2009. E. Standish seconded the motion. All in favor. Motion Carried.
Regular Meeting
Minutes
M. Ellis motioned to approve the minutes of 8/18/09. A. Marco seconded the motion. All in favor.
Correspondence
1. Siting Council Notification
2. Letter from Hidden Dragon Karate II regarding the signage at Phelps Plaza.
Discussion
A. Marco said he thinks the sign regulations are too restrictive. A discussion was held regarding the truck stop signs. A discussion was held on signs on various buildings, window signs and lit signs. A discussion was held on the signage at Phelps Plaza and the letter submitted by Sensei Dan of Hidden Dragon. J. Poole commented on various avenues of remedy the tenants could take and a discussion was held.
Subdivision Regulations
S. Yorgensen commented on 2 items; she is working with Karl Acimovic regarding the 300 foot section in the Drainage portion of the regulations and said Mr. Acimovic wants to make the site distance more generic and S. Yorgensen read his recommendations. The commission was in agreement.
A discussion was held on the moratorium and a possible extension.
S. Yorgensen said she has been asked if the commission will make exceptions to 1 lot fixes of a non-conforming situation and gave the commission an example. A discussion was held on legal, conforming lots, building lots and the approval that is required. S. Yorgensen will check with Attorney Branse regarding this.
A meeting to review the Draft Subdivision Regulations was scheduled for Sept 22, 2009 at 6:00; meeting place to be determined.
A. Marco said the Amended Ordinance Establishing Land Use Application Processing Fees passed at the Town Meeting and as of 9/15/2009, the fees will be collected.
A discussion was held regarding Public Hearing procedures and the decision making process.
Meeting adjourned at 9:15.
Respectfully Submitted,
Michele Manas
Recording Clerk
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