Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
April 5, 2011 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Matt Ellis – Chairman
Tom Murphy
Phil Nevers
Edward Standish
James Poole - Alternate
Members Absent:
Andy Marco – Vice Chairman - excused
Walter Parsell - excused
John Sullivan
Also Present
Susan Yorgensen
M. Ellis called the Public Hearing to order at 7:33. J. Poole was seated for A. Marco.
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.)
Thomas Cannarella, a Professional Engineer from Core States Group, was present. He presented an exhibit with detail of the proposed work and said they want to upgrade the existing 8 dispensers. Mr. Cannarella said they will be more economical and efficient. He said they are also proposing a DEF tank to be placed in the rear of the building and explained how the DEF tank will work. He said the DEF tank is a requirement per Federal Regulation for Diesel truck manufactured beyond 2010 to lower emissions. P. Nevers asked if it is corrosive and Mr. Cannarella said no, it will be 33% Urea and the rest is water.
J. Poole asked about a Spill Management Plan and Mr. Cannarella said they will have a Spill Management Kit. S. Yorgensen asked if Urea is included in the Spill Management Plan and Mr. Cannarella said it is not regulated by DEP. J. Poole said he is suspect of any product without a Spill Management Plan and asked who will be managing the trucking for filling the DEF tank. Mr. Cannarella said he could have someone from TA come in and talk a little more about the operation of the management plan.
J. Poole asked about the site line from the guard shack to the tank and Mr. Cannarella said it is visible and showed this on the plans. He also presented pictures of the storage tank and dispenser.
J. Poole researched Urea online and questioned a comment make by Mr. Cannarella stating it was non-toxic and you could basically ingest it. J. Poole read the description online and said he is concerned because one representative from TA will say one a thing and another, something else. He said he wants to know the good and the bad of product and they can regulate how a product gets managed in their town.
M. Ellis asked if the Urea tank was a separate tank the trucker will pull up to and fill and Scott Epler, of Travel Centers, said yes, a 20 gallon tank.
Mr. Epler said the dispensers will be done one at a time and as they are replacing them, they will repair the broken concrete.
S. Yorgensen said she had a letter from APEX to DEP but did not have where they wrote back. Mr. Cannarella asked if she was talking about the Integrated Contingency Plan. S. Yorgensen said she was on board with J. Pooles concerns and every time they speak to someone regarding TA, it is a different person. She said it would be very helpful if there was one person they were dealing with through the whole process because nobody else seems to touch base with each other. S Yorgensen said she had spoken to one person that was going to check with DEP to see whether or not they wanted to look at this site. Mr. Cannarella submitted an email from DEP stating they do not regulate what they are proposing to do. He said he believes S. Yorgensen is referring to the Integrated Contingency Plan which is something
different.
M. Ellis asked if the commission had anything additional at this time and they did not.
E. Standish motioned to close the Public Hearing. P. Never seconded the motion. All in favor motion carried.
Request for Release of Wilderness Way Road Maintenance Bond
Ray Crossen was present. A Memorandum was submitted with the recommendations of the town engineer, Karl Acimovic. The only outstanding item to be done is the Road Line Monuments and Mr. Crossen said this would be done. A letter from Gardner and Peterson indicating when the monuments/pins would be set and stating that they had already been paid for the work, was submitted.
J. Poole motioned to release the bond. E. Standish seconded the motion. All in favor. Motion carried.
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 (Received March 15, 2011 Public Hearing April 19, 2011 Decision within 65 days after close of P.H.)
Public Hearing has been set for April 19, 2011. J. Poole recommended the Commission take a look at the file prior to the Public Hearing.
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. (Public Hearing May 3, 2011)
Public Hearing has been set for May 3, 2011.
PZC2011-7 To extend the temporary, limited moratorium on subdivision applications and approvals for 3 months or until new Subdivision Regulations Changes are in place to allow the Commission to finish the development of open space subdivision regulations (a variation of Cluster Development pursuant to CGS 8-25(c)) whichever is first. (Public Hearing April 19, 2011)
Public Hearing has been set for April 19, 2011.
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)
Attorney Fatima Lobo was present to represent C & S Willington Partnership. Atty. Fatima said they are proposing the same size sign with different lettering. She said Tolland Bank was a tenant in 1988 with the current regulations and then in 2004, New Alliance took over as a successor. A discussion was held regarding the dates of the tenants.
Atty. Lobo said Tolland Bank was a tenant in 1988 and New Alliance Bank was a tenant in 2004 and Tolland Bank had the logo. She said when they enter into leases, they guaranteed the tenant can keep their logo. This tenant has been continuously in there, just changed names. Atty. Lobo said First Niagara is proposing to keep the sign currently with what is there and that First Niagara needs to keep their presence known by people recognizing the name. She said the sign would be the same size, not illuminated, with different wording. J. Poole asked about the pedestal sign and Heather Dudko of Saxton Sign, said they will change the name. J. Poole said the application is incomplete because it does not include the sign modification. Atty. Lobo said they will file a separate application.
S. Yorgensen said the plaza signage was approved on the condition that all signs conform to all other signage in the plaza. M. Ellis said he would like to refer this to their attorney. T. Murphy said all of other businesses had to conform. A discussion was held.
Atty. Lobo said every tenant, except Willington Pizza Too, is bound by the lease to conform to sign regulations but this lease is a little different because of their signature logo. Ms. Dudko said April 15th is the deadline to have the signs removed. A discussion was held on temporary banners.
The application was tabled until the next meeting.
PZC2011-12 Application for Logging at 40 Boston Turnpike (Map 1+6 Lot 8+12 Zone R80)Owner: Rudy Favretti Applicant: Forestland Mgt Alternatives(Received April 5, 2011 Public Hearing by June 7, 2011 Decision within 65 days after close of P.H.)
This application was tabled until the next meeting.
PZC2011-14 Application for Logging at 10 Old South Willington Road (Map 18 Lot 36B Zone R80) Owner: Michelle & Richard Burns Applicant Hull Forest Products (Received April 5, 2011 Public Hearing by June 7, 2011 Decision within 65 days after close of P.H.)
M. Ellis said he is an abutter to this property and no-one had an issue with this. Brennan Sheahan was present and said all necessary paperwork has been submitted to G. Jones. M. Ellis read a memo with his recommendations. Mr. Sheahan said he submitted a site proposal last month.
M. Ellis motioned to approve this application on the condition that the applicant obtain all necessary permits from Public Works and water bars installed if needed. Hours of operation are Monday thru Friday, 7 am to 7 pm, Saturday, 9 am to 4 pm, No Sundays or Holidays. P. Nevers seconded the motion. All in favor. Motion carried.
PZC2011-15 Application for Logging at Eldridge Mills Road (Map 33 Lot 1 & 4 Map 34 Lot 12) Owner : Richard Mihok Applicant: Hull Forest Products (Received April 5, 2011 Public Hearing or Decision by June 7, 2011.)
M. Ellis read a memo from G. Jones with his recommendations.
E. Standish motioned to approve this application on the condition that the applicant obtain all necessary permits from Public Works and water bars installed if needed. Hours of operation are Monday thru Friday, 7 am to 7 pm, Saturday, 9 am to 4 pm, No Sundays or Holidays. P. Nevers seconded the motion. All in favor. Motion carried.
PZC2011-16 Application to Amend Special Permit & Approved Site Plan to build addition and addition parking and sign permit 330 River Road (Kid’s Kingdom) (Map 30 Lot 31 Zone DNC) Owner/Applicant: D & D Property Holdings LLC (Received April 5, 2011 Public Hearing or Decision by June 7, 2011 )
Dan Cote was present. He said they are proposing to add 1850 square footage and showed this on the plans. The proposed plan is the original plan that came before the Commission. A discussion was held on the wooded buffer.
S. Yorgensen said they haven’t had any complaints about the traffic. A discussion was held on the signage. Staff will review the application and the Commission will discuss the application at the next meeting.
Mr. Cote talked about a possible change in this original signage approved. He said he never put up the sign that was approved. J. Poole asked if he thought this affected his business. Mr. Cote stated that it had not since his business was very successful and that was why they were trying to expand to the next phase.
PZC2011-18 Application to modified site lighting fixtures at 327 Ruby Road (TA) (Map 42 Lot 45 Zone DC) Owner: Royce Properties LLC Applicant: James Laduke (Decision by June 3, 2011)
Adam Connor of Advanced Energy Group was present. Mr. Connor presented pictures and information to the Commission regarding the fixtures. A discussion was held. Mr. Connor said they are proposing wall packs that are less intense and gave the specifications. He said they would like to replace the existing wall packs with full wall packs. He said they are trying to replace the lumens and reduce the light intensity. J. Poole said any new fixtures put in now have to conform to Dark Skies.
Mr. Connor explained the lighting on each picture and the fixture specifications. A discussion was held on the full cut off lighting. A discussion was held on the site plan. Mr. Connor said they will be decreasing the lighting on the front of the building pretty heavily.
Mr. Connor said they are hoping for approval today for replacing 7 lights in the rear parking lot. He said the 7 lights decrease lumens from 400 watts to 150 watts. He said they are hoping for approval to install the lighting in the rear as well as the wall packs. J. Poole said the standard for everyone is full cut off.
Mr. Connor said, to keep the TA project rolling, they would like to use the existing project application to put up semi cut off in the back and the wall packs. E. Standish said he is concerned about the lighting in regards to safety and a discussion was held. J. Poole expressed his concern on the amount of lighting in that area and encouraged the Commission to do a site walk at night. Mr. Connor said he could have an electrician install one on the dock for their review.
A site walk was scheduled for Monday, April 11, 2011 at 8:00.
M. Ellis motioned to approve a portion of the application; only the full cut-off lighting on the poles in the parking lot and in the front of the building as noted on the site plan. P. Nevers seconded the motion. All in favor. The commission agreed to revisit the wall packs.
PZC2011-13 Application to Amend Special Permit to allow sales & repair of handguns at 96 Spak Road Owner/Applicant: James & Annemarie Poole (Received April 5, 2011 Public Hearing or Decision by June 7, 2011.)
J. Poole recused himself. J. Poole said, on May 1, 2001, he received approval for a special permit to sell and repair long guns, not hand guns. J. Poole gave his credentials and training and said he is fully licensed with the state and federal government. He is now looking to add hand guns to his special permit as this is an opportunity to increase sales and his business. P. Nevers asked if he shoots the guns on his property and J. Poole said he does, but his customers do not. J. Poole said his clients are by appointment only. M. Ellis asked staff if there had been any complaints about Mr. Poole. S. Yorgensen said not about guns. M. Ellis said the Commission does not act on applications the first night they receive them so this would be on the next agenda. The Commission agreed to re-visit this
application on April 19, 2011.
Old 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.)
Thomas Cannarella said, after hearing the Commission’s concerns about the DEF tank, they could put a curb around the perimeter and a drain. He said, at the last meeting, they came before the Commission on replacing the dispensers only and asked if they could move forward on that alone as they are in dire need of getting done. A discussion was held on the dispensers and roughing in the piping and electrical.
S. Yorgensen asked if they would install new pads. And Mr. Epler said they will repair the existing pads. A discussion was held on the piping.
The Commission said they would address the DEF tank at the next meeting.
M. Ellis motioned to approve the replacement of the existing diesel dispensers, roughing in the conduit and repairing the pads. All asbuilts to be updated as needed and all necessary permits obtained. The DEF tank is not approved at this time. P. Nevers seconded the motion. All in favor. Motion carried.
A discussion was held on the DEF tank. J. Poole said he would like an MSDS sheet included in the file and the fire department notified that they will have a new tank to deal with. He said Urea is not flammable but it will burn. J. Poole said he would also like the Management Plan Updated. S. Yorgensen said they are supposed to provide us with their Spill Prevention Management Plan. J Poole said he wants to be sure that the plan is upgraded to include the DEF tank.
Staff Report and Discussion
A discussion was held on the curbing and containment system for PZC2011-3.
A discussion was held on the proposed regulations in regards to the next meeting.
A discussion was held on PZC2011-11 regarding the site reclamation and bonds.
S. Yorgensen reported an issue with a riding academy in town. She said the barn collapsed and they would like to rebuild. She explained that, back in 2005, it came to the attention of Land Use that one of the owners sold off a piece of the property so they do not have the required 25 aces to re-build the barn for the riding academy. A discussion was held. The Commission agreed that the landowner would have to have 25 acres to rebuild the barn for business purposes.
S. Yorgensen said Love Vet will be coming back before the Commission for a kennel regulation change.
Correspondence
1. Letter from the Regional Council of Government on Tolland’s amendment to the POCD.
2. Letter from the Regional Council of Government on Coventry’s Zoning Map Amendment.
Meeting Adjourned at 10:06.
Respectfully Submitted,
Michele Manas
Recording Clerk
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