Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
March 15, 2011 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Matt Ellis – Chairman
Andy Marco – Vice Chairman
John Sullivan
Walter Parsell
Tom Murphy
Phil Nevers
Edward Standish
James Poole - Alternate
Members Absent:
Also Present
Susan Yorgensen – Planner/Zoning Agt.
Minutes
M. Ellis motioned to approve the minutes of 03/01/2011. E. Standish seconded the motion. A. Marco abstained. All others in favor. Motion carried.
New Business
PZC2011-3 Application to Amend Special Permit and Amend approved site plan to upgrade diesel dispensers at 327 Ruby Road (Map 42 Lot 45 Zone DC) Owner: Royce Properties LLC Applicant: CoreStates Group (Received March 1, 2011 Public Hearing April 5, 2011 Decision within 65 days after close of P.H.)
The Public Hearing has been set for April 5, 2011.
PZC2011-4 Application to Amend Special Permit (Bent N Twiztid Tattooing) at 15 River Road (Map 5 Lot 3 Zone DC) Owner: Amy Moore Applicant: Frank Demao (Received March 1, 2011 Public Hearing by May 3, 2011 Decision within 65 days after close of P.H.
Frank Demao was present. He said he wants to move his shop over one unit. Mr. Demao said he has been open for 5 years, has three full time artists and a shop manager. He said they would like to remove the counter tops and build half walls for client privacy in the new unit and that he has been approved by the Health District.
M. Ellis motioned to approve as a minor modification and all original conditions apply. P. Nevers seconded the motion. J. Poole abstained. All of others in favor.
PZC2011-8 Application for sign change at 11 Phelps Way (Bank) (Map 30 Lot 14 Zone DC) Applicant: Saxton Sign By: Hazel Wood Hopkins, Sign Permit Consultants Heather Hopkins Dudko (Received March 1, 2011)
Hazel Wood Hopkins was present for the applicant. She said New Alliance is one of 80 banks changing to First Niagara Bank and she is handling the sign change. M. Ellis said all other tenants have to conform to the sign regulations. S. Yorgensen said the signage has to be uniform with the rest of the plaza. Ms. Wood Hopkins said the bank would like a sign on the building and a freestanding sign. M. Ellis said New Alliance Bank’s signage was grandfathered in many years ago but with the new ownership, the sign has to conform to the wooden signs in the plaza.
A discussion was held on the bank logo and the possibility of putting the logo on the window. Ms. Wood Hopkins said she was misinformed and would like to come back before the commission with a wooden sign. The commission agreed.
PZC2011-10 Request Consideration of Turnpike Road Extension Culvert Replacement pursuant to CGS 8-24
Karl Acimovic present plans. He said the October 2005 storm overtopped the road because the culverts were insufficient and plugged up. He said they applied to Homeland Security for funding. K. Acimovic said they will line the existing corrugated pipes and will not have any direct impact on the stream. S. Yorgensen said she does not think they need approval under 8-24. K. Acimovic explained the proposed work and showed this on the plans. J. Sullivan asked how old the existing pipes are and K. Acimovic said late 1940’s, early 1950’s. M. Ellis asked how long the pipes have left and K. Acimovic said the liner will constitute the pipe and the area between the two will be grouted.
M. Ellis asked the percentage that FEMA covered and L. Nicholls said 80%. A discussion was held on the costs.
A. Marco motioned to approve the project per CGS 8-24. P. Nevers seconded the motion. M. Poole abstained. All others in favor.
PZC2011-11 Application Special Permit for Material Recycling Facility at east side of Ruby Road 11/4 mile south of Exit 71 I84 (Map 42 Lot 49-A Zone DI) Owner: Ruby Road Development ~LLC Applicant: Green Hills Recycling & Landscaping Products, Inc
M. Ellis motioned to set the Public Hearing for April 19, 2011. A. Marco seconded the motion. J. Poole abstained. All others in favor.
Public Comment
The Commission will hear brief comments at this time from anyone wishing to speak about an item not on the agenda under new or old business. ~~No business can be conducted here nor can any comments be made about any public hearing item.
1. Proposed sign change at 327 Ruby Road (TA) (Map 42 Lot 45 Zone DC) Hull Forest Products to discuss the Zoning
Darien Beachy was present for the applicant. He said they propose to reduce the illumination of the high-rise sign by about 50,000 lumens. They will take the Roadway Inn and Shell sign out and replace with pricing units. A discussion was held on the lamps. Mr. Beachy said they will be taking out 4 lamps on both faces and will dim down the LED lights. He presented a light chart to the commission.
J. Poole asked about darkening the back of the Dunkin Donuts sign. He said they need to do whatever they can to darken the skies there. Mr. Beachy said he would bring this up with his client and make recommendations.
Ralph Tulis was present and said he owns property on the other side of the highway. He said the sign casts a shadow of his barn on the woods. Mr. Tulis asked if they could go to an opaque background and illuminate the logos. A discussion was held on the illumination. Mr. Beachy said he would work with his client and come back before the commission.
2. Regulation/Permit Application
Mike Bartlett and Brennan Sheahan of Hull Forest Products were present. Brennan Sheahan said they are representing two landowners in town. He said Timber Harvesting falls under the farming regulations and is an unregulated activity. M. Ellis said Timber Harvesters have always come before the board and asked why the change. Mr. Sheahan explained the Timber Harvest form that is submitted to P & Z in surrounding towns. He said, in other towns, P & Z acknowledges this as an unregulated activity and as long as they follow Best Management practices, they let them go about their business. Mr. Sheahan said the Town of Kent is the only town in the state that has regulations that apply.
T. Murphy asked if they are regulated by the state on the hours they can work and Mr. Sheahan said no, because they fall under farming.
M. Ellis read an email from Attorney Knapp and a discussion was held. A discussion was held on logging regulations and clear cutting. S. Yorgensen said the issue is that the board has inherited logging regulations and everyone has always come before the board with an application. She said Hull Forest Products is saying they do not need to come before the commission for approval and that according to the town’s zoning regulations, they do have to come before the board. M. Ellis said they have to go with whatever their attorney advises and the regulations.
A. Marco said the reality is, they have always approved a permit and he does not see that as being unreasonable. Mr. Sheahan said the reason they are before the board is to work to a point where they do not have to get the commissions approval and not follow what they did 30 years ago. J. Poole said they have made it very difficult for folks who have tried to do logging in town and a discussion was held. A discussion was held on town roads and tracking pads.
M. Ellis thanked Hull Forest Products for coming in and told them they could go one of three ways, apply for a regulation change, appeal to the state forester for a declaratory ruling or apply for a permit.
3. Holly Drinkuth regarding Natchaug River Basin Conservation Compact
Holly Drinkuth was present and explained the Compact. She said it is a multi town agreement to work regionally to preserve the watershed. She explained all the meetings that were held and the process they went through to come up with the Compact. Ms. Drinkuth said they came up with eight different targets and then came up with a list of the major threats to the watershed and then strategies to protect the watershed.
Eric Thomas of DEP went over pollution issues and said they are trying to work at a state level to help protect the healthy waters. He said they think the healthy watershed approach is a good one and one piece of it is The Natchaug River Basin Conservation Compact.
W. Parsell asked if there is any thing in the compact that will impact small farms and Ms. Drinkuth said this is not what the compact is about at all. J. Poole expressed his concern on item # 2, Reviewing land use regulations and municipal practices and adapting them to be compatible with the goals of this conservation compact. Ms Drinkuth said they are asking this commission to make sure this is compatible with the POCD so they can make a recommendation to the Board of Selectmen. J. Poole said he is not comfortable not knowing what the goals are. A discussion was held on the work restricted in the 100-foot buffers from the stream.
Ms. Drinkuth said the compact is a natural resource based agreement between the 8 towns to conduct research & education.
The commission felt the compact was unclear about what was being asked and expressed their concerns. The consensus of the commission was that they would not endorse The Natchaug River Basin Conservation Compact at this time.
PZC2011-6 To amend the Willington Zoning Regulations (Sections 4.04, 4.15, 4.18, 4.19, 4.21, 4.23, 5, 10, 11 and Table 8.02) and to provide consistency with the proposed Subdivision Regulations. ~Applicants: ~Willington Planning and Zoning Commission.
A discussion was held on the construction hours of work in regulation 4.15.02.10. A discussion was held on the minimum area, yard and coverage requirements in 4.19 and changed the minimum lot depth to 200 feet. A discussion was held on the logging regulations, forestry practices and clear cutting. The commission discussed the wording J. Poole added in the section entitled Required Information for Commercial Logging. The commission was in favor of the wording added.
Staff Report
S. Yorgensen informed the commission that Gary Jones would be retiring the beginning of May.
Meeting adjourned at 9:53.
Respectfully Submitted,
Michele Manas
Recording Clerk.
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