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PZC Meeting Minutes 05/01/2012
Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
May 1, 2012 – 7:30 PM
Meeting Minutes


Roll Call

Members Present:
Andrew Marco – Chairman
Matthew Ellis – Vice Chairman
Thomas Murphy – Secretary
John Sullivan
Phil Nevers
Walter Parsell
Edward Standish
James Poole – Alternate

Members Absent:
Doug Roberts – Alternate – excused

Also Present
Susan Yorgensen

Public Hearing
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)
Wes Wentworth was present for the applicant and presented plans.  There are 2 parcels, 4 acres and 13 acres that they would like combine.  Mr. Wentworth said they have done soil testing and have approval from the Health Department.  Mr. Wentworth said the applicant is asking to be exempt from the open space requirement.  M. Ellis said the parcel is under 25 acres so it does meet the regulations.
The commission looked at the plans and a discussion was held on the turn-off.  Mr. Wentworth said the driveway would be gravel.  
Bob McCall of 113 Old Farms Rd asked how far the building would be from the property line and Mr. Wentworth said 300 feet.  
There were no more questions of the commission or the public.  
M. Ellis motioned to close the public hearing. E. Standish seconded the motion.  All in favor.  Motion carried.
Regular Meeting

Chairman Marco called the meeting to order at 7:41.  The commission agreed to go into Executive Session.  

Executive session:
Discussion on pending litigation, Green Hills Recycling & Landscaping Products, LLC Ruby Road Development, LLC /Town of Willington verses Ruby Associates Partnership, LLC

Regular meeting was resumed at 8:20.

New Business
PZC2012-27 Application to Amend Special Permit & Site Plan for utilities including electrical to pavilion at 511 River Road (Map 39 Lot 6 Zone R80) Owner/Applicant : Town of Willington (Received April17, 2012 Public Hearing May 15, 2012 Decision within 65 days after close of P.H.)
The commission would like to see the full plan. The commission set the Public Hearing for May 15, 2012
212.PZC2012-29 Application for 2 lot subdivision at Jared Sparks Road (Maps 32/1A Lots 37/12 Zone R80) Owners/Applicant: Rebecca M Kimbriugh & Liesa M Fawell-Sienkowski (Received April17, 2012 Public Hearing by May 15, 2012 decision within 65 days after close of P.H.)
The commission set the Public Hearing for May 15, 2012.
Stipulated Agreement – regarding Green Hills Recycling & Landscaping Products, LLC Ruby Road Development, LLC /Town of Willington verses Ruby Associates Partnership, LLC
Attorney Frank Leone and Russell Heintz were present for the applicant. Atty. Leone explained that Ruby Associates sued his client, Green Hills Recycling & Landscaping, and gave the details of the stipulated agreement reached with Ruby Associates.  The original piece is a 6 acre piece and the agreement reached is for the boundary line to be moved to have an 80 foot buffer.  They would also agree not to mine any material in the buffer area for 20 years.  He presented the proposal on the plans.  
A discussion was held on the materials to be moved.  A discussion was held on the proposed facility with the changes.  
A discussion was held on the plans and the areas whited out.  A discussion was held on the site plan and a proposed amended site plans.
Chairman Marco said they have two entities here:  a new application and a stipulated agreement.  A discussion was held on the process.
Chairman Marco said the commission would not decide until they consult with counsel and are advised on the course to take.  
Atty. Leone addressed the commission regarding the stipulated agreement and said they would not want to agree to the stipulated agreement if they cannot use the land.  He asked when the commission anticipates acting on the stipulated agreement as they have to report back to court on June 21st.   
A discussion was held on the Bond Permit and the CO.   A discussion was held on the Special Permit and the landscaping.   S. Yorgensen said, if the applicant modifies the special permit, it will require a new public hearing.  
M. Ellis was excused at 8:45 and D. Roberts was seated for M. Ellis.
A discussion was held on the buffer, property line and the plans.  A discussion was held on the stipulated agreement and whether or not a public hearing would be required.  Marco said the commission cannot agree to a revised application without a revised application.  A discussion was held on the mylars and the applicant will submit new mylars.  A. Marco moved to have this application added to the May 15, 2012 agenda.  
Old Business
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)
J. Poole and S. Yorgensen will draft a motion for the May 15, 2012 meeting.  
Discussion

A discussion was held on the stipulated agreement in regards to the court documents.  

Minutes

E. Standish motioned to approve the minutes of 4/17/2012.  P. Nevers seconded the agreement.  All in favor.

Staff Report

S. Yorgensen informed the commission of the Inland Wetland’s approval of Loves Travel Stop; they will now come before the Planning and Zoning Commission with an application.

Respectfully Submitted,

Michele Manas
Recording Clerk