Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
July 19, 2011 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Matt Ellis – Chairman
Tom Murphy
John Sullivan
Phil Nevers
Edward Standish
Walter Parsell
James Poole
Members Absent:
Andy Marco – Vice Chairman
Also Present
Susan Yorgensen
M. Ellis called the meeting to order at 7:30.
Public Hearings
PZC2011-28 Application for Special Permit Home Occupation showroom for kitchen cabinets at 18 Cemetery Road (Map 28 Lot 22-C Zone R80) Owner/Applicant: Bruce & Laura Gottier (Received June 21, 2011 Public Hearing by July 19, 2011 Decision within 65 days after close of P.H.)
Bruce Gottier was present and wants to add 1 extra bay onto his detached garage. He presented plans for an area to display kitchen cabinets and counter tops by appointment only. Mr. Gottier said it is a small business, just he and his wife, and he has been in business for 5 years. He would like a display area for his customers to touch and feel his products; glides, finishes, doors, etc. He said he does not make or build the products; he gets them from a manufacturer.
Mr. Gottier said it would be low traffic as they do approximately 20 kitchens a year and occasionally a couple bathrooms. They would see approximately a couple dozen people a year and he showed the parking on the plans. He will not have a sign at this time but would hope to put a small sign on the mailbox in the future. The area will be 14 x 26, 364 square feet.
J. Poole asked if he meets all offsets according to the regulations and Mr. Gottier said yes, and commented that he will not have outside lighting.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor.
PZC2011-25 Application to amend the Willington Zoning Regulations 5.04 5.04.01.02.37 to allow dog kennels as a Special Permit Use in a Designed Commercial Zone ~subject to provisions of section 11.16 Owner/Applicant: TJE, LLC ( Love Veterinary) (Received May 17, 2011 Public Hearing June 21, 2011 continued to July 19, 2011 Decision within 35 after close of P.H.)
The applicant was not present and the application was tabled.
PZC2011-21 Application to amend the Willington Zoning Regulations (Sections 11.17.01 & 11.17.04) to allow Riding Academies on parcels of 20 acres or more. Applicant: Willington Planning and Zoning Commission (Received May 3, 2011 Public Hearing June 21, 2011 continued to July 19, 2011) Decision within 35 days after close of P.H.)
M. Ellis said the current regulations have a requirement of 25 acres of land for Riding Academies and they are looking to change it to 20 acres. J. Poole asked if the applicant was ready to build and S. Yorgensen said yes.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor. Motion carried.
PZC2011-25 Application to amend the Willington Zoning Regulations 5.04 5.04.01.02.37 to allow dog kennels as a Special Permit Use in a Designed Commercial Zone ~subject to provisions of section 11.16 Owner/Applicant: TJE, LLC ( Love Veterinary) (Received May 17, 2011 Public Hearing June 21, 2011 continued to July 19, 2011 Decision within 35 after close of P.H.)
The Applicant arrived and the application was revisited. A discussion was held on the regulations and why dog kennels were excluded. W. Parsell asked how many animals will be boarded at once and Mr. Love said they have 12 runs.
P. Nevers motioned to close the Public Hearing. E. Standish seconded the motion. All in favor. Motion carried.
PZC2001-26 Application for Special Permit to open Tattoo Studio at 94 Cemetery Road (Map 52 Lot 27 Zone R80) Owner/Applicant: Les Doty (Received May 17, 2011 Public Hearing July 19, 2011 Decision within 65 days after close of P.H.)
Les Doty was present and said he would like to open a private shop out of his home, by appointment only. He said he works with private long-term clientele and this would allow him to go out on his own and give him more time with his daughter. Mr. Doty said he would not have any signs or advertising and will see 1 or 2 people at a time. J. Sullivan asked how many clients he has and Mr. Doty said 25 to 30. J. Poole asked about Biohazards and Mr. Doty said needles only which will be disposed off as required.
Kim Kowalyshyn, of Economic Development Committee, was present and said they support Mr. Doty’s business.
Gail and Margaret Mandak, the applicant’s neighbors, were present and said they are never inconvenienced and Mr. Doty is very respectful. They said he is a great artist and does fabulous work.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor.
PZC2011-30 Application for Special Permit to open Smoke Shop at 15 River Road (Map 5 Lot 3 Zone DC) Owner: A.M.P.M. Properties LLC Applicant: Farhad Iftikhar (Received June 21, 2011 Public Hearing July 19, 2011 Decision within 65 days after close of P.H.)
The applicant was not present and the Commission agreed to continue the Public Hearing.
T. Murphy motioned to continue the Public Hearing to August 16. P. Nevers seconded the motion. All in favor. Motion carried.
Regular Meeting
PZC2011-37 Application for 2 Lot Subdivision at 19 Adamec Road (Map 24 Lot 33 Zone R80) Owner/Applicant: Robert & May Wiecenski (Received July 19, 2011 Public Hearing by September 20, 2011 Decision within 65 days after close of P.H.)
Stephen Filip was present for the applicant and presented plans. He said he has already been to Inland Wetlands and was approved due to a ruling of No Jurisdiction. Mr. Filip said it will be divided to create one new building lot and another parcel that has an existing house, garage and two sheds. He said the test holes were done and the wetlands were mapped by Roy Shook. He gave the ownership history of the parcel and said they would like to take the parcel and divide it in half for their daughter.
M. Ellis motioned to set the Public Hearing for August 16, 2011. P. Nevers seconded the motion. All in favor.
Pre-application
1. Thomas Shannon request for pre-application conference on Ridgeview Subdivision
Tolland Turnpike Willington.
The pre-application was table until the next meeting.
Old Business
PZC2011-21 Application to amend the Willington Zoning Regulations (Sections 11.17.01 & 11.17.04) to allow Riding Academies on parcels of 20 acres or more. Applicant: Willington Planning and Zoning Commission (Received May 3, 2011 Public Hearing June 21, 2011 continued to July 19, 2011) Decision within 35 days after close of P.H.)
M. Ellis said they don’t generally make a decision the first night but they brought this issue on and need to rectify it. J. Poole said this is a procedural issue; they make all other applicants wait until the next meeting for a decision and felt the Town of Willington should follow same procedure.
T. Murphy said they did not have a quorum at the last meeting and does not want to wait on a decision. A brief discussion was held regarding the meeting in June cancelled due to no quorum.
P. Nevers motioned to approve the application to amend the Willington Zoning Regulations (Sections 11.17.01 & 11.17.04) to allow Riding Academies on parcels of 20 acres or more effective August 1, 2011. T. Murphy seconded the motion. J. Poole said the Commission knows his reservations and voted no. All others in favor.
PZC2011-25 Application to amend the Willington Zoning Regulations 5.04 5.04.01.02.37 to allow dog kennels as a Special Permit Use in a Designed Commercial Zone ~subject to provisions of section 11.16 Owner/Applicant: TJE, LLC ( Love Veterinary) (Received May 17, 2011 Public Hearing June 21, 2011 continued to July 19, 2011) Decision within 35 after close of P.H.)
M. Ellis said this is where J. Poole’s reservations hold true but the application is a “no-brainer”. E. Standish said, unlike the last application that he was aware of, he has not heard of this one and asked if they were here last month. J. Sullivan said yes. T. Murphy said they are just moving the use of dog kennels into a commercial zone. S. Yorgensen said there will be no conditions on this application.
W. Parsell motioned to approve the application to amend the Willington Zoning Regulations 5.04 5.04.01.02.37 to allow dog kennels as a Special Permit Use in a Designed Commercial Zone subject to provisions of section 11.16. J. Sullivan seconded the motion. J. Poole opposed the motion. All others in favor.
PZC2001-26 Application for Special Permit to open Tattoo Studio at 94 Cemetery Road (Map 52 Lot 27 Zone R80) Owner/Applicant: Les Doty (Received May 17, 2011 Public Hearing July 19, 2011 Decision within 65 days after close of P.H.)
The Commission discussed conditions of approval; annually renewable, doctor’s approval and approval from the Health Department. A building permit will be pulled, if required. S. Yorgensen said the only thing the Health Department requires is a doctor’s approval.
A discussion was held on equipment and disposable equipment. The Commission would like the applicant to provide documentation on Biohazards removal. Application was table until the next meeting.
PZC2011-28 Application for Special Permit Home Occupation showroom for kitchen cabinets at 18 Cemetery Road (Map 28 Lot 22-C Zone R80) Owner/Applicant: Bruce & Laura Gottier (Received June 21, 2011 Public Hearing by July 19, 2011 Decision within 65 days after close of P.H.)
M. Ellis said there is only one house on the road and he has plenty of square footage. The commission discussed conditions for approval; survey, building permits, annually renewable and the applicant will have to come back for signage approval. Application was tabled until the next meeting.
Public Hearing
M. Ellis re-opened the Public Hearing due to presence of the applicant. Xenophon Zorba said the applicant was in a fender bender and he was standing in for him.
PZC2011-30 Application for Special Permit to open Smoke Shop at 15 River Road (Map 5 Lot 3 Zone DC) Owner: A.M.P.M. Properties LLC Applicant: Farhad Iftikhar (Received June 21, 2011 Public Hearing July 19, 2011 Decision within 65 days after close of P.H.)
Mr. Zorba said the shop will be between the Tattoo Shop and the American Eagle. A discussion was held on the legal age to buy tobacco products. Mr. Zorba said there will be one employee and the hours of operation will be from 11 or 12 to 9 or 10. M. Ellis asked about signage and Mr. Zorba said the owner of the American Eagle will come back at a later date for all three signs.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor.
Regular Meeting
The regular meeting was re-opened at 8:26.
PZC2011-30 Application for Special Permit to open Smoke Shop at 15 River Road (Map 5 Lot 3 Zone DC) Owner: A.M.P.M. Properties LLC Applicant: Farhad Iftikhar (Received June 21, 2011 Public Hearing July 19, 2011 Decision within 65 days after close of P.H.)
The commission discussed conditions of the application which included hours of operation, signage, annually renewable. The application was tabled until the next meeting.
Minutes
E. Standish motioned to approve the minutes based on one change; J. Poole was excused. W. Parsell seconded the motion. All in favor.
Discussion
M. Ellis said the commission member’s need a new copy of the zoning and subdivision regulations. S. Yorgensen will provide them at the next meeting.
J. Poole asked about the material recycling facility approved on May 7th and if the reclamation plan is now defunct. S. Yorgensen said they don’t have their special permit because they have not met their conditions. J. Poole asked if they can start doing any new work until they have met their conditions. S. Yorgensen said they cannot be open for business.
J. Poole asked if the diesel exhaust fluid at the truck stop was up and running. S. Yorgensen said they filed all the permits and she has a copy of the plans but they do not have final approvals. She said they need to get an asbuilt and fix the plans and she spoke to the building inspector and they do not have a certificate of use. J. Poole said they are selling the product. S. Yorgensen is leaving for vacation but will email the building inspector on the issue. A discussion was held on Cease and Desist. The commission asked Staff to issue a Cease and Desist.
Correspondence
1. Written complaint on a tree service on Liska Road; Cardinals View Tree Service.
M. Ellis said the complaint is 3 months old. S. Yorgensen said initially Gary Jones handled it and talked to the individual but the issue is still ongoing and they are short-handed. A discussion was held on the lack of enforcement and staff.
2. Complaint on 162 Village Hill regarding trash on the property.
3. Inland Wetland Notice of Violation regarding Burma Road.
4. Emergency Incident Report regarding an oil spill on I-84, exit 71.
5. Emergency Incident Report regarding an oil spill at 4 River Rd.
6. Windham Region Council of Governments letter regarding Town of Ellington Zoning Regulations.
7. Windham Region Council of Governments letter to Town of Willington regarding riding academies and dog kennel regulation changes.
A discussion was held on issuing Notice of Violations and Cease and Desist enforcement. J. Poole suggested the department close the window and reduces public hours to handle enforcement. J. Sullivan agreed since there are 3 violations that were discussed and have not been handled.
E. Standish asked if they can impose fees for violations. S. Yorgensen said they don’t have a mechanism in place right now; they would have to go to court. She said the town could put an ordinance in place to issue tickets. A discussion was held.
Meeting adjourned at 8:50.
Respectfully Submitted,
Michele Manas
Recording Clerk
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