Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
September 20, 2011 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Matthew Ellis – Chairman -
Andrew Marco – Vice Chairman
John Sullivan
Phil Nevers
Edward Standish
Thomas Murphy
Walter Parsell
James Poole
Members Absent:
Also Present
Susan Yorgensen
Public Hearings
M. Ellis called the Public Hearing to order at 7:30. J. Poole was seated for J. Sullivan.
PZC2011-42 Application Special Permit for a 3350 square foot Fitness and Wellness studio at 11 Phelps Way (Map 30 Lot 14 Zone DC) Owner: Roger Talbot Applicant: Jeanette Dellaripa (Received August 16, 2011 Public Hearing September 20, 2011 Decision within 65 days after close of P.H.)
Jeanette Dellaripa was present and is a certified group fitness and Zumba instructor of 12 years. She said she is excited to bring new business to the plaza. The classes will run from 9:00 am to 10:30 am, Monday through Friday, and 6:00 pm to 9:00 pm, Monday through Saturday. Class size is smaller in the morning and larger in evening; an average of 20 people.
M. Ellis reviewed the file and said the Sanitarian has signed off and the parking plan appears adequate. M. Ellis asked where she is moving from. Ms. Dellaripa said she is coming from Tolland.
J. Sullivan arrived at 7:33.
Kim Kowalshyn, of the Economic Development Commission, was present and said Ms. Dellaripa is an upstanding citizen that plays by the rules and would be an asset to Willington.
M. Ellis asked if there was anyone here to speak against the application. Judy Threatt, a Willington resident, said she is concerned about the volume in the plaza in regards to parking and sanitation. She said Willington Pizza, on a busy night, causes the septic red light to go off. M. Ellis said the Sanitarian has signed off.
J. Poole asked about public restrooms. Ms. Dellaripa said they are available but people are only there for an hour at a time.
S. Yorgensen said the sign plan is conforming. J. Poole asked if they would offer massages or aromatherapy and Ms. Dellaripa said no, Yoga, Pilates, and Zumba.
Clem Langlois said the current plan is for the bottom floor section but in the future, they may be going upstairs for offices. M. Ellis said they would have to come back for a modification of the special permit for the office space since downstairs only is what the application represents.
There were no further questions or comments from the commission or the public.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor.
PZC2011-40 Application Special Permit for entertainment services including ~Disk Jockey and Karaoke Services in 800 square feet at 15 River Road (Map 5 Lot 3 Zone DC) Owner: A.M.P.M. Properties LLC Applicant: Al & Danielle Smith ~(Received August 16, 2011 Public Hearing Sept 20, 2011 Decision within 65 days after close of P.H.)
Al Smith said he has been a DJ for 20 years and is expanding. He has 3 employees besides him, his wife and his son and his services would include DJ, Karaoke, moon bounces and dunk tanks. He said he would like to do weddings and use the space to teach line dances and also as a practice place for Karaoke. M. Ellis asked how many people for the line dancing, 20 people? Mr. Smith said it would be the wedding party and he would be lucky to have 20.
Mr. Smith said he the entertainment would occur off site, at the wedding or party somewhere else. The space would be for storing equipment and a showroom for packages and coaching his clients for example to practice their .
E. Standish asked about foot traffic and Mr. Smith said he hopes it to be a lot; River Rd is a high traffic area and he hopes for business from the road itself. J. Poole said the applicant has a lot going on in 800 square feet and Mr. Smith said the bounce houses would be stored in his garage. He said he would eventually like to be an agency for photographers and florists.
M. Ellis asked about signage and Mr. Smith said they have not discussed it but will come back before the board at that time. P. Nevers asked about parking and M. Ellis said they are taking the end unit which has 20 to 25 spots so the parking is there.
There were no further questions or comments from the commission or the public.
P. Nevers motioned to close the Public Hearing. J. Sullivan seconded the motion. All in favor.
PZC2011-38 Application for Re-Subdivision of Lot #4 59 Latham (Map 9 Lot 33 Zone R80) Owner/Applicant: Michael C. Nogas (Received August 16, 2011 Public Hearing September 20, 2011 (Site walk Sept 20, 2011 at 6:00 PM) Decision within 65 days after close of P.H.)
The commission conducted a site walk at 6:00 earlier this evening.
Ed Pelletier, of Datum Engineering, was present and presented plans. The lot is 42 acres and the applicant would like to divide it into 3 lots; 2 for his grandchildren and the 3rd lot will have the existing house in which Mr. Nogas lives. The 3rd lot will have the majority of the acreage.
Mr. Pelletier said he received the engineering report from Jacobson & Associates today at 5:00 and, although not substantial, he was not prepared to address the questions tonight. Mr. Pelletier gave the locations of each site on the plans and said all houses have onsite wells that have been conceptually approved by the Health Dept.
Melissa Welsh, of 35 Latham Road, said she is an abutter and did not receive notification. M. Ellis checked the file and 2 notices were sent to 62 Latham Rd in error. Mr. Pelletier said he could send out another notification and M. Ellis said no need, the fact that Ms. Welsh is here negates that.
Ms. Welsh asked how close lot 1 is to their property and Mr. Pelletier said 550 feet to the property and 750 feet to the house. Ms. Welsh asked how close to the power lines and Mr. Pelletier said the power lines will remain on Mr. Nogas’ property. A discuss was held on the power lines.
S. Yorgensen said the public can come in and look at the file and the maps prior to the next Public Hearing.
Felipe Silva of 66 Latham Rd asked if the remainder of lot 1 could be subdivided and why nothing is going to open space. M. Ellis said it could be subdivided again if it goes to family and they do not have to give to open space if it is for family.
P. Nevers motioned to continue the public hearing to October 4, 2011. T. Murphy seconded the motion. All in favor.
Regular Meeting
Section 8-24 The Board of Selectmen would like your favorable consideration of tree removal on Michalec Road.
Lynn Nicholls, of Public Works, was present and presented pictures. M. Ellis asked why the Board of Selectmen is not in attendance. L. Nicholls said she thought they forgot. She said this is a sight line issue and should have been corrected before the road was accepted. They would like to take down 5 trees, remove the stumps and fill with gravel; they are not widening the road at this time as this is a sight line issue and bus issue only.
S. Yorgensen said at one time the road was narrower than it is now. She said, when the subdivision was approved, the property owners did not want to do improvements as they wanted it to remain rural.
J. Poole said the Board of Selectmen chose not attend, conveniently, and L. Nicholls said she thinks they forgot. J. Poole said they did not forget as he notified them today. J. Poole then read the following from the Board of Selectmen minutes of 3/21/2011, 8/1/2011, 9/6/2011:
3/21/2011- Doug Roberts of Michalec Road wanted to bring the Board’s attention that he and the Board of Education have an agreement to use Mr. Robert’s driveway as a turn around for the bus. ~The newer short bus is a longer style than before and has become more difficult for the bus to turn around in his driveway, thus cracking the corner of his driveway as well as breaking some markers along the end. ~He has been in contact with Superintendent Harding about the situation and he may have to rescind on the agreement as it is becoming a nuisance. ~He has asked what the other option would be if he rescinded before other arrangements are made. ~~Lynn said she is working on making a turn around at the end of the road, but will not be able to have it done until summertime. ~~~Selectman Millix said that the Town should try to do
whatever we can to correct the problem as Mr. Roberts has been gracious enough to let the Town use his driveway as a turnaround. ~~In the meantime this is something that will have to be worked out with the Board of Education. ~
8/1/2011 - Doug Roberts of Michalec Road asked the status of cutting the trees along the road to make it wider. ~He has a child who walks the road to get to the bus stop. ~Because the road is already narrow, they have even more trouble in the winter as the roads are even narrower. ~Stafford and Willington busses both travel that road as well, causing a dangerous situation when a child is walking down the road.
Lynn said she had met with the Town Engineer and are working up plans that need to go before Planning and Zoning. ~P&Z is requiring the full set of plans with all phases of work to be done before approval of issuing bond money for road improvements. ~The improvements include cutting trees, pulling the stumps, drainage and widening the road. ~Selectman Millix said there is a safety issue which he feels should not have to go before Planning and Zoning as it will take too much time. Selectman Blessington agreed and said bureaucracy takes precedence over all and safety is not an issue to them until the proper paperwork has been filled out. ~Selectman Millix asked First Selectman Mailhos to open a line of communication with the Zoning Agent to expedite the issue so the trees can at least be cut down to alleviate the safety issue.
9/6/2011 - First Selectman Mailhos received an email from Doug Roberts who was checking on the status of his request to remove trees along Michalec Road. ~The trees interfere with the safe passage of walkers. ~First Selectman Mailhos said she had checked with the Finance Department and was told that we could access the funds and Lynn was to get approval from the Zoning agent prior to cutting the trees. ~Selectman Blessington said he is getting tired of waiting for approval - this is a safety issue and needs to be done. ~Selectman Millix said this was brought up quite a while ago. ~It should have been done prior to the start of school. ~~Lynn said she will submit the form and in the meantime go out to bid to have the trees taken down, pull the stumps and fill with gravel. If we don’t get approval before the bids are received, she
will move forward. She does not need to get a permit just to cut the trees. ~Selectman Blessington said his point is when it comes to dealing with planning and zoning, the process gets delayed.
Mr. Poole said, let me submit to you Ms. Nicholls, that as of March 21st you committed to Mr. Roberts that this would be done by the end of summer and the next time it was brought up was August 21st and all of a sudden it is the Planning and Zoning Commission that is the problem. L. Nicholls referred to the bus turnaround and said that was not an issue with her, it was the bus driver and the Board of Ed which she has no control over. Mr. Roberts was putting rocks up in his driveway so the bus could not back in and L. Nicholls made arrangements with the Town of Stafford and the bus turn around is now in Stafford. J. Poole asked if that was recorded in the Selectmen’s minutes that something is going on because Mr. Roberts seems to think nothing is being done. L. Nicholls said he was there and knew all
about it. J. Poole said it is not fair to the Planning and Zoning commission and A. Marco said it is not fair to Lynn, she does not speak for the Board of Selectmen; she is here submitting an application. J. Poole stated she said in the memo the widening of the road, the pulling of stumps and now she is stating they are cutting trees only, and not widening the road. L. Nicholls said the road would not be widened at this time; it is a sight line issue only. She said she would love to widen the road eventually but right now it is a sight line issue; cut the trees, pull the stumps. It was not in her work plan this year; it is a safety issue only and L. Nicholls was ordered by the selectmen to get it done. J. Sullivan asked what has to be done to get this done and move on. L. Nicholls said the sight line and pulling of stumps is her job.
S. Yorgensen said it’s a matter of opinion. She said no-one came and asked to widen the road but by removing the trees, it will widen the travel portion of the road and that is why they are asking for 8-24. S. Yorgensen said it is the theory of widening the road. W. Parsell said, from the photographs, it is clearly a sight line issue. A. Marco said the fact of the matter is, by pulling the stumps; you will be widening the road as you will have to put some material in to drive on. J. Sullivan said put a guard rail in, this is ridiculous; this is bureaucracy at its finest. A. Marco asked why it is so difficult to fill out an application. M. Ellis said his annoyance is not with L. Nicholls, it is with the comments that were made in the minutes with the First Selectman.
L. Nicholls said she and Karl Acimovic have 57 items on their list and this is one of them. She did not plan on doing it this year but it was put on her plate now. M. Ellis said if it was not a public safety issue, he would be inclined to say no. S. Yorgensen told Ms. Nicholls that she believed PZC’s annoyance was not with her it was what was said at the Board of Selectmen meeting, since this is the first time the item has been on the agenda for P & Z.
J. Poole asked if neighbors have to be notified that trees are coming down. L. Nicholls said no, because they are in the right of way. J. Poole asked if they are 100% sure because the last time the town took 20 trees down on another road that cost the town dearly. J. Poole asked if neighbors should be notified as a courtesy and L. Nicholls said it has already been posted. She said they will go out to bid on the removal because the trees are too close to the wires. T. Murphy asked if it would be a safety issue after the trees come down and with winter coming. L. Nicholls said the stumps would be pulled and the holes filled right away and then they will re-grade the road so it will all be part of the road.
M. Ellis motioned to approve, under 8-24, the removal of the trees depicted in the pictures as well as other trees that may be a public safety issue. This includes taking down the trees, pulling out the stumps, filling the holes and re-grading only. J. Sullivan seconded the motion. All in favor.
The commission stated that they were very discouraged the Board of Selectmen did not attend the meeting and would like S. Yorgensen to let them know of the next Board of Selectmen meeting.
PZC2011-45 Subdivision Regulation change Section 8.03 Performance Bond
Applicant: Planning & Zoning Commission (Received Sept 6, 2011 Public Hearing October 4, 2011Decision within 35 days after closed of P.H.)
Public Hearing has been set for October 4, 2011.
PZC2011-47 Application for Special Permit &Site Plan Approval for Multi -Family Dwelling for Elderly Residents at 60 Old Farms Road (Map17 Lot 1 Zone DER) Owner: Town of Willington Applicant: Willington Housing Authority (Received Sept 20, 2011P.H. Public Hearing by December 6, 2011 Decision within 65 days after close of P.H.)
M. Ellis motioned to set the Public Hearing for October 18, 2011. E. Standish seconded the motion. All in favor.
Old Business
PZC2011-46 Application for sign permit (Burger King) at 327 Ruby Road (Map 42 Lot 45 Zone DC)Owner: Travel Centers of America LLC Applicant: Sign Pro Inc. (Received Sept 6, 2011 Public Hearing by October 18, 2011 Decision within 65 days after close of P.H.)
A. Marco said the sign is essentially the same; the lumens are changing and they were waiting on the comparison chart. Kyle Niles of Sign Pro was present and presented the lumen report. He said it is the same sign; they are changing to LED which is low voltage, more energy efficient and safer.
J. Poole motioned to approve PZC2011-46 Application for sign permit (Burger King) at 327 Ruby Road with the following conditions:
1. Output of lumens will not be any greater than the existing sign.
2. LED’s not to be dimmable or brightened; fixed lit states only.
J. Sullivan seconded the motion. M. Ellis abstained. All others in favor.
PZC2011-42 Application Special Permit for Fitness and Wellness studio at 11 Phelps Way (Map 30 Lot 14 Zone DC) Owner: Roger Talbot Applicant: Jeanette Dellaripa (Received August 16, 2011 Public Hearing September 20, 2011 Decision within 65 days after close of P.H.)
The commission agreed this was a good use of space and discussed a draft motion; come back for a modification for upstairs space, annually renewable, required permits and conforming signage.
A discussion was held on the upstairs office space. S. Yorgensen said the applicant has two options; ask for a modification which would be the quickest way and without a public hearing or they could ask for a waiver.
This was tabled until the next meeting.
PZC2011-40 Application Special Permit for entertainment services including ~Disk Jockey and Karaoke Services at 15 River Road (Map 5 Lot 3 Zone DC) Owner: A.M.P.M. Properties LLC Applicant: Al & Danielle Smith ~(Received August 16, 2011 Public Hearing Sept 20, 2011 Decision within 65 days after close of P.H.)
M. Ellis said he is concerned with the line dancing part. S. Yorgensen said the Fire Marshal will have to set occupancy. A. Marco said he has Karaoke concerns but does not know why they do not allow Karaoke. A discussion was held on live entertainment. S. Yorgensen said she would look at the last application regarding entertainment.
The commission discussed a draft motion; no outside storage, come back for signage, no parking of trailers and Fire Marshal approval.
This application was table until the next meeting.
PZC2011-38 Application for Re-Subdivision of Lot #4 59 Latham (Map 9 Lot 33 Zone R80) Owner/Applicant: Michael C. Nogas (Received August 16, 2011 Public Hearing September 20, 2011 (Site walk Sept 20, 2011 at 6:00 PM) Decision within 65 days after close of P.H.)
Public Hearing has been continued to the next meeting.
Minutes
A. Marco motioned to approve the minutes of September 6, 2011. J. Sullivan seconded the motion. M. Ellis abstained. All others in favor.
Correspondence
1. Complaint form from Robert Bernard regarding Mirtl Road.
2. P & Z meeting to Cardinal Tree Service regarding the Home Occupation by
Certification of Zoning and Compliance.
3. Letter from Jacobson & Associates regarding WINCOG
4. CIP instructions
5. Emergency Incident Report regarding a transformer oil spill at 60 Fisher Hill Rd.
Staff Report and Discussion
A discussion was held on WINCOG.
A discussion was held on the timeline of receiving information from the engineer.
The commission would like CIP on the agenda for the next meeting.
A discussion was held on 8-24.
A discussion was held on opening up the lines of communication between the P & Z Commission and the Board of Selectmen. The P & Z commission will attend the next Board of Selectmen meeting.
Meeting adjourned at 8:45.
Respectfully Submitted,
Michele Manas
Recording Clerk
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