Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
October 4, 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 - Alternate
Members Absent:
Also Present
Susan Yorgensen
PUBLIC HEARING
M. Ellis called the Public Hearing to order at 7:33.
PZC2011-45 Application for Subdivision Regulation change to Section 8.03 Performance Bond Applicant: Planning & Zoning Commission (Received Sept 6, 2011 Public Hearing October 4, 2011 Decision within 35 days after closed of P.H.)
M. Ellis said the state has now changed the laws regarding bonding. He said they have to comply with state regulations. S. Yorgensen said the Regional Planning Agency submitted comments and supports these efforts.
P. Nevers motioned to close the Public Hearing. E. Standish seconded the motion. All in favor. Motion carried.
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) ~P.H. continued to Oct 4, 2011 Decision within 65 days after close of P.H.)
This application was withdrawn.
REGULAR MEETING
M. Ellis opened up the regular meeting. M. Ellis motioned to add the Request for review and approval pursuant to CGS 8-24 to convey a Trail Conservation Easement for the Nipmuck Trail on the Knowlton Tract to New Business. A. Marco Seconded. Unanimous.
Regular Meeting
PZC2011-47 Application for Special Permit &Site Plan Approval for Multi -Family Dwellings ~(24 units) 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 October 18, 2011 Decision within 65 days after close of P.H.)
Public Hearing has been set for October 18, 2011.
PZC2011-48 Application Special ~Permit for Home Occupation Tax Service at 12 Laurel Dr (Map 53 Lot 20-41 Zone R80) Owner/Applicant: James & Diane Bulick (Received Sept 20 , 2011 Public Hearing ~October 18, 2011 Decision with in 65 days after close of P.H)
Public Hearing has been set for October 18, 2011.
PZC2011-49 Application to Amend Approved Site Plan to add flag pole at 511 River Road (Map 39 Lot 6 Zone DR) Owner: Town of Willington Applicant: Nick Townsend (Received Sept 27, 2011 Public Hearing or decision by November 15, 2011 )
M. Ellis said the application is a minor modification to the site plan and there is no need for a public hearing. Nick Townsend was present. J. Poole asked if there would be lighting and Mr. Townsend said the flag would only be raised during sporting events so lighting would not be necessary.
Mr. Townsend said he is going to raise the money for the flagpole with fundraisers and then install the flagpole. He said he spoke to the Building Inspector regarding the wind regulations and the Mr. Rupert approved the flagpole. The pole will be 25 feet high, aluminized with a cement base and the flag will be the American Flag.
J. Poole asked when he would start and Mr. Townsend said he would have to get approval from the Eagle Scouts prior to starting. He submitted plans for the file and S. Yorgensen said he would have to pull a building permit. J. Sullivan asked if he has thought about more than one pole and Mr. Townsend said there would be space and that could be another project. He said the pole would have an external lanyard. A discussion was held on an external lanyard vs. an internal lanyard. The commission commended Nick Townsend on a job well done.
Old Business
PZC2011-42 Application for Special Permit for a 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 by November 15, 2011)
Marco motioned to approve file # PZC2011-42 Application for Special Permit for a Fitness and Wellness Studio at 11 Phelps Way with the following conditions:
- Permit shall be for the 3350 square foot space on the lower level, any other space shall come back to the Commission for approval.
- Any permits required by the Town or State shall be obtained prior to occupancy.
- Fire Marshall to approve the space prior to occupancy.
- Signage shall conform to the type of sign approved for the rest of the plaza (i.e. Willington Pizza II, Beauty Salon)
- Permit shall be annually renewable.
T. Murphy seconded the motion. All in favor. Motion carried.
PZC2011-40 Application for Special Permit for an entertainment services store 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 by November 15, 2011)
A discussion was held on live entertainment and Karaoke. The commission agreed to address live entertainment in regulations at a later date.
E. Standish motioned to approve file # PZC2011-40 Application for Special Permit for an entertainment services store including Disc Jockey and Karaoke Services at 15 River Road with the following conditions:
- There shall be no outside storage.
- There shall be no live entertainment per section 5.03.01.05.10 of the Town of Willington Zoning Regulations; Karaoke shall be for private training only, not open to the public.
- Any permits required by the Town or State shall be obtained prior to occupancy.
- Fire Marshal to approve the space prior to occupancy.
- Any signage shall meet the Town of Willington Zoning Regulations and shall come back to the Commission for review and approval.
- Permit shall be annually renewable.
P. Nevers seconded the motion. All in favor. Motion carried.
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) ~P.H. continued to Oct 4, 2011 Decision within 65 days after close of P.H.)
Application was withdrawn.
PZC2011-45 Application for Subdivision Regulation change to Section 8.03 Performance Bond Applicant: Planning & Zoning Commission (Received Sept 6, 2011 Public Hearing October 4, 2011 Decision within 35 days after closed of P.H.)
P. Nevers motioned to approve file # PZC2011-45 for a Subdivision Regulation change to Section 8.03 regarding Performance Bonds, effective November 1, 2011. T. Maloney seconded. Unanimous
PZC2011-49 Application to Amend Approved Site Plan to add flag pole at 511 River Road (Map 39 Lot 6 Zone DR) Owner: Town of Willington Applicant: Nick Townsend (Received Sept 27, 2011 Public Hearing or decision by November 15, 2011 )
M. Ellis motioned to approve the modification to the site with the following conditions:
- Modification to be added to the as-built.
- Any permits required by the Town or State shall be obtained.
- No lighting at this time.
J. Sullivan seconded the motion. All in favor. Motion carried.
New Business
Request for Review and approval pursuant to CGS 8-24 for Trail Conservation Easement for the Nipmuck Trail (Knowlton Tract).
Selectman Christina Mailhos was present. She said there is no pressure on the commission; they do not need to make a decision tonight. Selectman Mailhos said the Conservation Commission would be happy to answer any questions they might have. A discussion was held on the trail and the easement. A discussion was held on enforcement. Selectman Mailhos said the Conservation Commission would do a Site Management Plan in much more detail.
A discussion was held on whether or not Forest & Parks can sell or transfer the easement.
J. Sullivan said the right thing to do is to move forward and W. Parsell agreed.
M. Ellis said he would like to draft, at the next meeting, a memo in favor of the Trail Conservation Easement with the Commission’s current concerns regarding the perpetuity of the arrangement.
The Commission requested a copy of the memo in digital form. The Commission will continue discussion at the October 18th meeting.
Minutes
M. Ellis motioned to approve the September minutes with the following change; Page 5, 3rd paragraph should read M. Ellis said his annoyance is not with L. Nicholls, it is with the comments that were made in the minutes of the Selectmen. J. Sullivan seconded the motion. All in favor.
Correspondence
- Letter from Planning and Zoning to SNL Willington LLC regarding a violation of the Zoning Regulations and the Special Permit issued for the above location.
- Instructions for the CIP Program.
Staff Report and Discussion
A discussion was held on entertainment. E. Standish said he would like to know more about the previous decision. A discussion was held on an ordinance in regards to strip clubs. M. Ellis said the decision regarding entertainment pre-dates all of the current commission members. The commission scheduled a Workshop at 6:15 on November 15, 2011.
Selectman Mailhos apologized to the commission for not attending the previous meeting; she had a prior commitment. She thanked A. Marco and J. Poole for attending the Board of Selectmen meeting to discuss the process of 8-24 and the tree removal on Michalec Road. E. Standish said the issue was the commission was given credit for slowing down a process they were never brought in on.
Marco said they approached the Board of Selectmen and discussed 8-24. He said, under 8-24, the Board of Selectmen have to submit a request to the P & Z Commission. A. Marco would like to open up better dialogue. He said he would like the Board of Selectmen to submit directly to the commission to free up S. Yorgensen. A. Marco would like to see the commission rehearse their role; take 8-24 under advisement, give their report and if they need more information, get it from S. Yorgensen at that time. He believes, due to budget constraints, the commission needs to take on more responsibility; they have an obligation. A discussion was held on streamlining the process.
A discussion was held on the CIP. J. Poole said submittals have to be in by 10/17/2011.
Meeting adjourned at 8:37.
M. Ellis re-opened the meeting at 8:38. J. Poole explained an advertisement he saw on karate classes being held on a deck. A discussion was held on a change of use and a Cease & Desist Order.
Meeting adjourned at 8:40.
Respectfully Submitted,
Michele Manas
Recording Clerk
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