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PZC Meeting Minutes mm/dd/yyyy
Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
April 3 2012 – 7:30 PM
Meeting Minutes


Roll Call

Members Present:
Andrew Marco – Chairman
Thomas Murphy – Secretary
Phil Nevers
Walter Parsell
Edward Standish
James Poole  

Members Absent:
Matthew Ellis – Vice Chairman – excused
John Sullivan - excused

Also Present
Susan Yorgensen

Public Hearing
PZC2012-17 Application for 1 lot re-subdivision at 112 Willington Hill Road (Map18 Lot 62 Zone R80) Owner/Applicant: Melanie Ellis (Received March 6, 2012 Public Hearing April 3, 2012 Decision within 65 days after close of P.H.)
Mark Peterson of Gardner, Peterson and Associates was present for the applicant. They are here to ask for subdivision approval.  The site contains just less than 15 acres with one residence currently on the property.  Mr. Peterson showed the area of the property on the plans.  The southerly end contains the existing residence with no wetlands on the property; lot 2 will be the remainder of the acreage.
Plans have been submitted to the Easter Highland Health Dept. and have been approved.  Mr. Peterson said both parcels conform to the regulations and buildable area.  Erosion and sedimentation controls are on the plans and a site line profile has been prepared for the driveway.  The Commission looked at the plans.  T. Murphy asked if the driveway was paved and Mr. Peterson said it is not required because it is under the 10% slope but, in his experience, people generally pave the driveway.  
A discussion was held on the plans.  J. Poole asked how Inland Wetlands and Watercourses ruled and S. Yorgensen said “No Jurisdiction”.  A discussion was held on the site line of the driveway in which Mr. Peterson detailed to the Commission on the plans as there are no issues.
Tom Ernst of 11 South River Road questioned the proposed lot line.  Mr. Peterson showed the areas on the plans and said it was approximately 600 feet of frontage for lot # 2.
There were no additional comments or questions from the Public and the Commission.  A. Marco closed the Public Hearing.   
PZC2012- 18 Application for Special Permit for gift shop, yoga, meditation, Reiki & massage, acupuncture & educational events for self-improvement purposes at 8 Tolland Turnpike (Map 30 Lot 11 Zone DC) Owner: Theodore Wrubel Applicant: Pamela J. Favreau & Jonathan Jette & Darek Olearczyk (Received March 6, 2012 Public Hearing April 3, 2012 Decision within 65 days after close of P.H.)
The applicants Ms. Favreau, Mr. Jette and Mr. Olearczyk were present.  Ms. Favreau said they are applying for a gift shop on the bottom floor which will include a meditation room; they will also offer headphones for instruction on meditation.   
On the second floor they will offer Reiki and therapeutic massage; massage will be administered by a massage therapist that is licensed within the State of Connecticut.  They would also like to have an Educational Room with will offer cards and other information prompting customers to take about Reiki, acupuncture, and meditation.
Ms. Favreau said they have received approval from Eastern Highland Health Department and have also spoken to Track Nine Diner about sharing the dumpsters.  She said they have not changed the structure but made efforts to put the house back together and to its original state.  
A discussion was held on parking spaces and the square footage of the space.  A discussion was held on foot traffic.  Ms. Favreau said Dr. Olearzyk is looking to work a ½ day on Wed. and a full day on Thursday; the massage therapist would like to work 2 hours a week and the mediation room will hold 3 to 4 people during any given day.  She said the latest they will be open is 8:00 p.m.  Ms. Favreau said they would like to do drum circles depending on the neighbors.  
Chairman Marco said they have a regulation on parking spots per square footage and a discussion was held.  
J. Poole questioned the application which states a light retail gift shop and chiropractic practice in one place and a mercantile business in another.  Ms. Favreau said the language changed when she filed a report with the Building Inspector and read the letter from the building inspector.  She said they were originally going to have a chiropractic office on the bottom floor but that changed due to the gravel driveway and handicap access.  Ms. Favreau said she would be happy to amend the application.  
J. Poole asked if they were going to do any chiropractic business and Mr. Olearczyk said occasionally an acupuncture patient may ask for an adjustment so he would like chiropractic added to the application.  The question was asked of medical waste and Mr. Olearczyk said the needles go in a Sharp Container and they call for pick up.  
A discussion was held on Fire Code and S. Yorgensen said the Fire Marshal and Building Inspector will have to sign off on the application.  
Ms. Favreau said they will not have any controlled substances on the premises and per the health coded, they will not be serving complementary beverages.  
S. Yorgensen said, in regards to the front sign, the light was not used as it was in violation of the regulations; lighting has to be down-lighting with complete cut-off.   Mr. Jette said a motion light will be used in the back parking lot.  
Ms. Favreau said she has submitted everything but a response from the building inspector.  
After no further comments or questions from the public or the commission, A. Marco closed the Public Hearing.  
New Business
J. Poole was seated for J. Sullivan.  
PZC2012-14 Application 5 lot re-subdivision at 476 Tolland Turnpike & Meadow Lane (Maps 16 & 21 Lot 22 Zone R80 Owner/Applicant: Ridgeview Willington, LLC (Received March 6, 2012 Public Hearing April 17, 2012 Decision within 65 days after close of P.H.)
Public Hearing is scheduled for April 17, 2012.  The Commission scheduled a site walk at 6:00 prior to the April 17, 2012 meeting.  
PZC2012-19 Application sign permit at 11 Phelps Way (Map 30 Lot 14 Zone DC) Owner: Roger Talbot Applicant: Tolland Fitness & Zumba (Jeanette Delaripa) Received March 20, 2012)
The Commission tabled this until the end of the meeting.  
PZC2012-20 Application 1 lot subdivision at 298 Tolland Turnpike (Map 22 Lot 37 Zone R80) Owner/Applicant: Christopher Chaplin (Received March 20, 2012 Public Hearing May 1, 2012 Decision within 65 days after close of P.H.)
Public Hearing is scheduled for May 1, 2012.  
PZC2012-22 8-24 Drainage work and road improvements on Turnpike Road (Received March 15, 2012)
The Commission read the letter from Selectman Mailhos.  Engineer Karl Acimovic presented plans; they are working in 4 sections.  A discussion was held on the location of the work to be done; K. Acimovic clarified the work is from the Ashford line to Fermier Rd and will update the application as such.  K. Acimovic gave the details of the plans.  The Commission will make their recommendations per the 8-24 Review.
PZC2012-24 Review of the updated plan submitted by Gardner & Peterson for the Willington Housing Authority Phase III 60 Old Farms Road Plan Revised March 19, 2012
A discussion was held on the motion made on 12/6/2011 and the conditions that were to be met; the motion was detailed on the plans.  The Commission reviewed the conditions; W. Parsell and A. Marco stated that they believe all conditions have been met.  J. Poole expressed his concern on the final condition “Plans to be revised to show all HVAC, (i.e. boilers, hot water heaters, underground propane tanks, etc.) and fire safety items (i.e. fire suppression systems for the 24 units) be reviewed and approved by the appropriate jurisdiction entity within the town.  A discussion was held on the wording.  S. Yorgensen said the applicant will not receive the permit until all approvals have been met.  This includes the Building Inspector, Planning and Zoning Agent and Fire Marshal. J. Poole said, in his opinion, the revised plans are not met as he wanted this as a condition to be completed before approval.
A discussion was held on the final plans.  A discussion was held on the placement and size of the mechanical rooms.  A. Marco said the original application was vague but some of the revisions they asked for are not under the Commission’s jurisdiction.  He believes when the as- built is done, the administration will be done by the appropriate entity.  A discussion was held on jurisdiction and the information shown on the plans as well as future plans.  
E. Standish motioned to approve the revised plans (revision date of 3/19/2012).  T. Murphy seconded the motion.  Vote was held; A. Marco, T. Murphy, P. Nevers, W.  Parsell, E. Standish approved; J. Poole denied due to the fact that conditions for approval of the appropriate jurisdiction were not met.  Majority vote; motion carried.
Old Business
PZC2012-12 8-24 Review Pick-up and Drop-off Parking Lot at Center School 12 Old Farms Road. Site walk on Mar 20, 2012.
Town Engineer Karl Acimovic was present.  A. Marco read the email to the Board of Education with the Commission’s recommendations; stone wall reconstructed by traditional method, cutting of selected trees and damaged trees removed, all currents zoning regulations adhered to and approved prior to construction, impervious surface other than gravel recommended, the access way should have a rail added and a plan be submitted showing the activity associated with the entire lot.  J. Poole said he would have a letter to A. Marco the next morning regarding the recommendations.  
PZC2012-17 Application for 1 lot re-subdivision at 112 Willington Hill Road (Map18 Lot 62 Zone R80) Owner/Applicant: Melanie Ellis (Received March 6, 2012 Public Hearing April 3, 2012 Decision within 65 days after close of P.H.)
This application was tabled until the next meeting.  
PZC2012- 18 Application for Special Permit for gift shop, yoga, meditation, Reiki & massage, acupuncture & educational events for self-improvement purposes at 8 Tolland Turnpike (Map 30 Lot 11 Zone DC) Owner: Theodore Wrubel Applicant: Pamela J. Favreau & Jonathan Jette & Darek Olearczyk (Received March 6, 2012 Public Hearing April 3, 2012 Decision within 65 days after close of P.H.)
A discussion was held on the draft motion with acupuncture / chiropractor added to the application.  Staff will have a draft motion for the next meeting.
Special permit for Convenience Store, Alla Zaid
Renewal of Special Permit for Restaurant, Jeffrey Kelly
Renewal of Special Permit for Package Store, Helen Scherwizky
A discussion was held on signage and the email received from Attorney Mark Branse.  A discussion was held on how to handle the violations.  The Commission would like to look at the Special Permit and the signage approval at the time.  S. Yorgensen will get the information to the Commission.  The Special Permits are tabled until the next meeting.  
A discussion was held on PZC2012-19 and the recommendations of Attorney Branse stating the signs are not within the regulations.  
The Commission will do individual site walks prior to April 17, 202 to view the signs at Phelps Plaza.  A discussion was held on non-compliance of the violations.
Minutes
P. Nevers motioned to approve the minutes of April 3, 2012.  E. Standish seconded the motion.  J. Poole abstained.  All others in favor.  Motion carried.  
Correspondence
  • Emergency Incident Report – petroleum spill at 350 Ruby Rd.
  • State of Connecticut Site Council – letter to Kenneth Baldwin regarding Dock No. 400.
  • Notification of Timber Harvest at 200 Village Hill Road.
  • Notification of Timber Harvest at 329 Moose Meadow Road.
  • Email from Through the Years Entertainments Grand Opening.
Staff Report and Public Comment
L. Nichols and K Acimovic approached the commission regarding the parking lot at Center School; they would like to put in conduits under the parking lot and possibly pedestals for future lighting.  L. Nichols said they would want to have Ballard lights.  S. Yorgensen said they could put the pedestals at their own risk but there is no guarantee that type of lighting will be approved in the future.  The Commission agreed they did not have an issue with the conduits only, no lighting at this time..
 Discussion was held on storing salt from a contractor at Public Works.  S. Yorgensen said they do have permission to store salt but only at Public Works.
A discussion a held on Wilderness Way Campground.  J. Poole said they have had major changes and believes a site walk is in order.  The Commission agreed to do a site walk on April 21, 2012 at 9:30 am.  
Meeting adjourned at 10:00.
Respectfully Submitted,

Michele Mamas
Recording Clerk