Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
April 19, 2011 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Matt Ellis – Chairman
Walter Parsell
John Sullivan
Tom Murphy
Phil Nevers
Edward Standish
James Poole - Alternate
Members Absent:
Andy Marco – Vice Chairman
Also Present
Susan Yorgensen
Public Hearing
M. Ellis called the Public Hearing to order at 7:30. J. Poole was seated for A. Marco.
PZC2011-11 Application Special Permit for Material Recycling Facility at east side of 262 Ruby Road 1-1/4 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.)
Attorney Frank Leone, of Leone, Throwe, Teller & Nagle in East Hartford, was present for the applicant and landowner. He introduced Russell Heintz, of Tarbell, Heintz & Associates, and David Losee, an Environmental Attorney who were also present for the applicant.
Atty. Leone said the owner of the company is Ruby Road Development, LLC, with the Principals being Giovanna Sullo and Michelle and Michael Magliari. He said, in the fall of 2009, a similar application was filed and later withdrawn. Atty. Leone said it was prudent, from a business standpoint, that the LLC should be run by a different entity; Green Hills Recycling & Landscaping Products, Inc.
Mr. Heintz presented plans and gave the location of the site. He said the property abuts the Town of Willington School Bus Company and Ruby Rd. He said they are proposing to build a 4300 square foot building on the site and will also have parking for employees, guests and customers. Mr. Heintz said they do have approval from Eastern Health Department for the septic.
Mr. Heintz said the town engineer would like additional soil testing which will be done next week. He said there will also be a storage area for equipment and a landscaping plan is in the application. J. Poole asked if the finished contours take in the current reclamation plan on site and Mr. Heintz said yes.
Atty. Losee said, in order to process land clearing material, they have to qualify for a General Permit with DEP. He explained the General Permit and said they have had an informal meeting with DEP and will again later this month; the formal application will be filed in May. Atty. Losee said if there are any modifications required for the DEP General Permit, they will come back before the Commission to request a modification.
M. Ellis asked if all material will be stored outside and Mr. Heintz said all material other than the building down in front is outside storage.
Mr. Heintz gave the details of the landscaping plan. He said it will be heavily vegetated with plantings on 2 different tiers and will not be unsightly. Mr. Heintz said the town engineer was concerned about vehicles going over the retaining wall so they have added 4 foot berms.
M. Ellis asked how tall the material piles will be and Mr. Heintz said, per DEP, they cannot be taller than 25 feet. M. Ellis said, in regards to the reclamation plan, they would like to know where the applicant stands today with everything as opposed to where they are going. Mr. Heintz said he would get the information to the Commission.
J. Sullivan asked the height of the stump pile and Mr. Heintz said 25 feet. A discussion was held on the piles. M. Ellis asked about the rebar from concrete and Mr. Losee said it will be collected in containers and brought to another facility. Mike Magliari said once the cans are filled, they will be removed from the site. Atty. Losee gave the DEP material specifications and said at any time, a snapshot cannot exceed these amounts.
J. Poole questioned Mr. Heintz’ earlier comment in which he said the Board of Selectmen agreed to this landscaping plan. Mr. Heintz said they agreed to the regarding and a landscaping plan. S. Yorgensen said it was in the Board of Selectmen minutes. Mr. Heintz submitted the minutes.
J. Poole asked about chips, brush & stumps 1100 feet off the road and if it is a 26 foot road. Mr. Heintz said it is a 24 foot road. J. Poole asked if the fire department will be able to get back there. Mr. Heintz said they have not talked to the fire department and when they meet with DEP, they may tweak his lay-out.
T. Murphy asked about daily truck traffic and Mr. Magliari said it depends on the economy and work in the area. He said he would be happy with 50 loads a week and, if the economy gets better, 100 loads a week. Mr. Magliari said they will not have more than 6 employees and will be open 5 days a week, Monday thru Friday from 8 to 4.
J. Poole asked about a Management Plan for the detention basins and Mr. Heintz said it is in the application. J. Poole asked about retail sales and Mr. Heintz said they have not fully laid everything out but according to Mr. Magliari, there will be retail sales. He said they would have to come back with the specifications. J. Poole said it will have to be on the final site plan and asked if they would rent dumpsters. Mr. Heintz said they own 12 40 yard containers and have room for 8 on site. Mr. Magliari said they will rent them for green waste only, no garbage.
P. Nevers asked about dust and Mr. Magliari said all machines have water systems and will constantly run water to keep the dust down. J. Poole asked if the water would come from their well and Mr. Magliari said yes, and he has 2 ponds he is hoping to recycle.
Atty. Leone said the machine operations will be from 8 to 4 but the hours for employees will be 7:30 to 4:30 to get everything up and running and then to shut everything down; no Saturday or Sundays.
Darlene Chapdelaine was present to represent Ruby Associates to speak in opposition. She said she is a certified operator with the State of Connecticut DEP and presented a binder of documents to the Commission. Ms. Chapdelaine went through the documents. She the applicant has not stated where they are going to process aggregate and stumps.
Ms. Chapdelaine explained the Natural Diversity Data Base Map and said there are endangered species on Ruby Rd and they need to find out what the endangered species are and how the applicant is going to protect them. She mentioned new legislation that has passed in regards to aquifers.
Ms. Chapdelaine explained the Environmental Compliance History documents and said the applicant was issued a notice of violation within days of the Commission’s site walk at Manchester Recycling and that it took them 1 year and 5 days to get their notice of compliance. She said she has been in the solid waste business for 25 years and they have to stick by the book.
Ms. Chapdelaine commented on the noises that rebar makes, the noise level of the machines and she did not see a noise plan to control the noise levels. She said they are going to have over 2 million dollars of equipment on this site that the town will not be getting taxes on. Ms. Chapdelaine said the site plan is so insufficient that DEP will reject it.
Ms. Chapdelaine explained the aggregate noise study information in the binder. She said the applicant should have had a General Permit for Discharge of Stormwater a year previous. Ms. Chapdelaine explained section 7 on tonnage limits and said there are hundreds of General Permits and the applicant will need about 5 of them. She said the sand could be contaminated street sweeping; they won’t know. Ms. Chapdelaine briefly went over the remaining sections in the binder and submitted the following documents for the record; DOT Information on Traffic Problems, Guidance Document for Preparing a Stormwater Prevention Plan, General Regulations, and Dunn & Bradstreet information on Green Hills Recycling & Materials and this it is the same company at Ruby Rd Development.
Edward Lackman of Ruby Rd said he is concerned about noise, dust and traffic. He asked how they would contain the dust and keep the noise down.
Delight Champagne of Ruby Rd had a bag of trash she picked on her brief trip to her mail box. She said they rely on people that supposedly care about the town and is worried about out of town people coming in. She asked who will check the vehicles coming into town to make sure they have tarps. She said she does not want this in her town or to have Willington as an easy mark.
Jane Zeiger of Ruby Rd expressed her concern on the facilities that are already in town. She explained her problems with the truck stop and the vehicles that have come into her yard and taken down her trees. She said other industries create problems She said she is concerned about traffic. She said she cannot see this place though she lives across the street and that we have to treat them fairly.
Ralph Tulis said he is concerned about residual wastes in the containers and that it is an easy way to get rid of tires in a town that charges for tires waste. He said he is concerned about the stretch of road between Lohse Rd and the highway as it is not set up for this kind of traffic.
Atty. Losee commented on Ms. Chapdelaine’s presentation and said they welcome competition would like to be approved to compete with her. He said they have a meeting with DEP on the 28th and will make sure that every section of DEP will be involved in this application. He asked the Commission to focus on the reality of this, not the ghost of what might happen. Atty. Losee said a lot of bad guys violate the law and Ms. Chapdelaine implied that they were going to violate the law. He said in regards to the violation Ms. Chapdelaine referred to, they had multiple operatations on site and things got mixed up. He said they corrected that, got things squared away and got through the violation. Atty. Losee said the industry is full of bad guys but you cannot deny Mr. Magliari’s permit based on
these bad guys. He commented on Ms. Chapdelaine’s comment that someone in his office was denied a permit and said that was untrue; there is a credibility issue here.
Rocco Demilia said they live a ½ mile away and can already hear them and they don’t even have the crushers there yet. He expressed his concern about the traffic and asked the Commission if they would want to live near a noisy place like this.
Jane Zeiger’s daughter Pam said if this goes through, they want to make sure the entrances and exits are clearly marked with signs.
Ms. Chapdelaine gave her credentials and said she has owned a facility in Connecticut for 25 years. She said she cleaned up one of the largest contaminated sites in Connecticut. Ms. Chapdelaine said the application was not sufficient and that she did not attack the applicant and gave a list of names of people that could verify her credentials. She said she felt the Commission allowed them to attack her and M. Ellis said it goes both ways.
Mr. Magliari said when they grind mulch, they pick up all the paper and there are containers throughout for employees to pick up and put the trash in. He said there are woods that wrap around as a noise buffer and that they inspect for tires as they have to pay to get debris out. Mr. Magliari said they don’t take down buildings; they are looking for organic material. He explained some of his equipment and said when they bought the property, it was a gravel pit. They are now taking boulders out and breaking them up with a hammer and, eventually, they won’t have to use the hammer any more. Mr. Magliari said they want the neighbors to want to buy their materials. He said, in reference to the violation in Manchester, it took a little longer to rectify because the stumps went through the winter and
were hard to grind, but they resolved the problem. Mr. Magliari said they do not take street sand; this is a small facility not a dump.
J. Poole said the current reclamation process has not done them any favors with the neighbors. He said if they start up the crusher or hammer before 8 am on a Saturday or Sunday, the neighbors are not happy. He asked the applicant to review Section 5 of the Use Regulations and determine if the plan meets the requirements from all lot lines. Mr. Heintz said, when the trees are mature, it will meet their requirements.
Jane Demilia of Ruby Rd commented on the noise level. She said in the summer with the windows open, she can hear the truck stop and Fed Ex; the trees are not going to be a buffer.
M. Ellis motioned to continue the Public Hearing to May 17th. P. Nevers seconded the motion. All in favor.
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)
M. Ellis said the Commission has been working on re-doing the regulations for 2 ½ years and are asking to extend the moratorium so they can get through the Public Hearing and get them approved. A brief discussion was held.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor.
Regular Meeting
J. Poole was seated for A. Marco.
PZC2011-5 To adopt comprehensive changes to the Subdivision Regulations of the Town of Willington including provisions for open space subdivision, low impact development. (Public Hearing May 3, 2011) Applicants: Willington Planning and Zoning Commission
Public Hearing set for May 3, 2011.
PZC2011-6 To amend the Willington Zoning Regulations (Section 4.04, 4.15, 4.18, 4.19, 4.21, 4.23, 5, 10, 11, and Table 8.02 to provide consistency with the proposed Subdivision Regulations. Applicants: Willington Zoning Commission (Public Hearing May 3, 2011)
Public Hearing set for May 3, 2011.
PZC2011-17 Application to change ~lighting fixtures outside on poles in parking lot at (Fed Ex) 350 Ruby Road ( Owner: Fed Ex Applicant: J Lee Electrical Services) Received March 28, 2011, Decision by May 17, 2011)
Matt Ajemian of Sylvania Lighting Services was present. He said they are looking to swap out the wall packs and explained the proposal. Mr. Ajemian said it is part of the Green Initiative. J. Poole said they need to be full cut- off; Dark Sky Compliant. He said they need to be shielded and not flashing toward the sky. A discussion was held. Mr. Ajemian submitted specifications. J. Poole asked the applicant to find full cut-off wall packs. The applicant will email the information to staff.
PZC2011-20 Application to amend Special Permit and Final Site Development Plan to construct a storage building at 327 Ruby Road (TCA) (Owner: ~~~Applicant: ~~) Received April 19, 2011, Decision by June 21, 2011)
Thomas Cannarella, a Professional Engineer from Core States Group was present. He said the storage building will be used to house the existing tires. A discussion was held on the plans. J. Poole said, if they add external lighting, they have to come back and work with staff. The Commission will address this application at the next meeting.
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 P.H. closed Decision by June 7, 2011)
M. Ellis said they previously gave the applicant approval to replace the dispensers, not the UREA tank. He said they have added curbing for containment. A discussion was held on the 2000 gallon tank.
J. Poole motioned to approve the application on the following conditions; the Fire Department is briefed in all aspects regarding the tank and the Spill Management Plan updated to include the 2000 gallon tank on site. P. Nevers seconded the motion. All in favor.
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 or Decision by ~June 7, 2011)
A brief discussion was held. M. Ellis said the application seemed straight forward.
P. Nevers motioned to approve the application with the following conditions; hours are Monday thru Friday from 7 am to 7 pm and Saturday from 8 am to 4 pm, no Sundays or Holidays. All necessary road bonds approved by Public Work Dept and a permit obtained. T. Murphy seconded the motion. All in favor.
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 )
A discussion was held on signage. Dan Cote said they are going to do a wall sign that is 6 square feet.
M. Ellis motioned to approve the application with the following conditions; sign is to meet all regulations and approved by Staff; Addittional plantings in the area of the additional playscape, work with Staff to fill gap between tree lines; all conditions of original approval shall apply J. Sullivan seconded the motion. All in favor.
PZC2011-17 Application to change ~lighting fixtures outside on poles in parking lot at (Fed Ex) 350 Ruby Road ( Owner: Fed Ex Applicant: J Lee Electrical Services) Received March 28, 2011, Decision by May 17, 2011)
M. Ellis motioned to approve the complete cutoff pole fixtures and the replacement of wall packs with the following conditions; vertical cut off shield installed on proposed wall pack or comparable lumens/wattage with a vertical cut off to be approved by Staff before installation. T. Murphy seconded the motion. All in favor.
PZC2011-18 Application to modifiy 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) Site walk scheduled for April 11, 2011 at 8:00 PM.
The Commission conducted a site walk. Pole lighting is done and the wall packs remain. E. Standish said he does not think full cut off will reach the loading dock. A discussion was held. J. Poole said the people that live on that side of town get enough light pollution and they need to come up with a way to reduce the lighting.
M. Ellis motioned to approve the replacement of wall packs with the following conditions; vertical cut off shield installed on proposed wall pack or comparable lumens/wattage with a vertical cut off to be approved by Staff before installation. T. Murphy seconded the motion. All 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, Decision by May 3, 2011)
A discussion was held on the wood signs. J. Poole said the application states all signs in the plaza are uniform. M. Ellis said the Land Use Attorney called the Attorney for the plaza owner twice with no response. A discussion was held on the logo and possible sign options. A discussion was held on the email from Attorney Mark Branse.
P. Nevers motioned to deny the application based on the reasons pointed out by Attorney Branse’s (13.03.02.05.01 requires that any change to a building, including signs, for a Special Permit use must be part of the Special Permit application.
Section 19.05 says that for Special Permit uses, the sign package is part of the Special Permit application, NOT a Sign Permit. The currently approved Special Permit depicts a sign plan. The New Alliance sign is not in accordance with that sign plan and was not approved via a Special Permit application )and that it is not compliant with the existing signs in the plaza. T. Murphy seconded the motion. All in favor. Application denied.
The Bank Manager for First Niagara was present and expressed her concerns regarding the denial.
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. Sullivan asked the number of existing gun shops in town and J. Poole said 3.
W. Parsell motioned to approve the application with the following conditions; an updated copy of the Mr. Poole’s license be added to the file and all existing conditions of the original permit apply. E. Standish seconded the motion. All in favor except J. Sullivan who voted no.
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)
M. Ellis motioned to extend the temporary, limited moratorium waiving everything less than 15 acres. J. Sullivan seconded the motion. All in favor.
PZC2011-11 Application Special Permit for Material Recycling Facility at east side of 262 Ruby Road 1-1/4 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 continued to May 17th.
Minutes
M. Ellis motioned to approve the minutes of March 15, 2011. E. Standish seconded the motion. All in favor.
M. Ellis motioned to approve the minutes of April 5, 2011 with the following change; John Sullivan was excused. T. Murphy seconded the motion. All in favor.
Discussion
Town of Willington material storage area located at Ruby Road (Route 320) (Map 42 Lot 49 Zone RL) Site walk April 19, 2011 at 6:30
A brief discussion was held on the site walk. The Commission agreed it was clean and looked good.
Ruth Gillman regarding a Riding Academy on Cemetery Road
Ruth Gillman was present regarding the collapse of her arena. She explained how the parcel was originally 50 acres and in 1975, prior to her ownership, subdivided into two parcels; one being 29 acres and now Ms. Gillman’s parcel which is 21 acres. The regulations state the Riding Academy has to be on 25 acres although it has been in operation on 21 acres for 28 years.
The original owner said back in 1975, he had come before the Commission with surveys and plans and explained what they were proposing to do. S. Yorgensen said she does not believe they came before the Commission.
A discussion was held on a regulation change. M. Ellis asked to have the Land Use Attorney work on this so they can rectify the situation. Ralph Tulis said this could open up additional properties of 50 – 60 acres of land entitled to a free cut at any time. A discussion was held. Ms. Gillman said this is their livelihood. S. Yorgensen will contact the Attorney. M. Ellis said they will work to get this resolved as quickly as possible.
Correspondence
1. Email regarding a Land Use Academy on Saturday, May 14, 2011
2. Capitol Region Council of Governments letter to Town of Tolland reporting on POCD Referral POCD-2011-1
3. WINCOG Letter to Town of Coventry
4. Notice of Certain P & Z Matters in Neighboring Municipalities.
Respectfully Submitted,
Michele Manas
Recording Clerk
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