Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
September 18, 2012 – 7:00 PM
Meeting Minutes
Roll Call
Members Present:
Andrew Marco – Chairman
Matthew Ellis – Vice Chairman
Thomas Murphy – Secretary
Phil Nevers
Edward Standish
John Sullivan
Walter Parsell
Doug Roberts – Alternate
Members Absent:
James Poole – Alternate – excused
Also Present
Susan Yorgensen
Public Hearing
Chairman Marco called the Public Hearing to order at 7:00.
PZC2012-34 To amend the Willington Zoning Regulation (Section 11.12.06.04) to permit fast food restaurants to exist on a site which is located within 500 feet from any point where an on-ramp and/or an off-ramp to an interstate highway intersects with a local street or state highway. Applicant: Leonard Jacobs (Received July 17, 2012 Public Hearing September 18, 2012)
Attorney Leonard Jacobs, Tom Galiotta and Rick Sheffield were present. Atty. Jacobs said they do have interest in the application as they are also representing Love’s Travel Stop. Atty. Jacobs said they are applying for a regulation change to permit a fast food restaurant to be located within 500 feet from any point where an on-ramp and/or off-ramp to an interstate highway intersects with a local street or state highway. Atty. Jacobs said fast food seems to be the only use that is called out like this; it is not dangerous or polluting and they are asking to eliminate the ban on fast food restaurants. He said, by allowing the change to the regulations, the commission is only allowing applicants to bring an application before the commission but the applicant will still have to meet all the regulations.
Atty. Jacobs asked that the zone change submitted to the commission be granted and approved only within the specified section of town so that fast food restaurants are not all over town.
Chairman Marco opened the floor to the public. Ralph Tulis of Lohse Road was present and questioned if the application was a zone change or regulation change. He asked the commission to be careful in their decision as this could open up more parcels that would fall under this change. Mr. Tulis said, in regards to fast food restaurant being non-polluting, it depends on the definition; litter is a big part of fast food restaurants. Mr. Tulis said he does not object to a fast food restaurant but he does object to a fast food restaurant on a local road that cannot bear the traffic.
A discussion was held on the 500 foot request. Atty. Jacobs said it would be a 500 foot line that circles the point; a 500 foot radius. Mr. Tulis expressed his concern on the application; if the radius and arc touches a particular point, you can put a fast restaurant.
Janice Andisani of Lohse Road was present and expressed her concern on the congestion, traffic and pollution of adding a fast food restaurant. She said Exit 71 was not made to accommodate a fast food restaurant as it is short, curvy and on an incline. Ms. Andisani said it would add to congestion and the safety of the residents that live on the road. Ms. Andisani also expressed her concern on tractor trailer trucks; she is against a fast food restaurant at this location and against the regulation change.
Atty. Jacobs said he does not see why the Town of Willington has adopted a regulation in regards to fast food restaurants that treats them differently than other uses; litter can come from all other uses that could be applied for tomorrow. He believes the commission should not have a regulation that implies fast food restaurants are some sort of danger and does not think it is a legitimate argument to talk about trash as it is no different than other uses.
Dave Kuchunsky of Lohse Road was present and expressed his concern regarding litter; he is retired and spends a lot of time walking his dog and has observed litter from Burger King, Dunkin Donuts and other various beverage containers.
Mr. Tulis said the commission has to act on the application applied for and can make it more restrictive but not less restrictive.
M. Ellis motioned to close the Public Hearing. J. Sullivan seconded the motion. Unanimously approved. Public Hearing closed.
PZC2012-37 To amend the Willington Zoning Regulation (Section 11.12.06.04) to permit fast food restaurants to be located on a site, a portion of which is located within 500 feet from an on-ramp to an interstate highway or at the intersection of two Principal State Routes as defined in Section 2.04.01 of the Willington zoning regulations. Applicant: B & M Realty Trust, LLC (Received September 4, 2012 Public Hearing September 18, 2012)
David Held was present for the applicant. He said the regulation change is in addition to the previous application and their area of interest in at the intersection of two principal routes. Mr. Held said they are interested in the intersections of Route 74 and 32, Route 84 and 320 and Route 84 and 32 and presented maps with the parcels this regulation change would affect. Mr. Held said should the commission look favorably on this application, it would allow them to bring an application before the commission but they would still have to follow the process; IWWC approval, P & Z approval, health code approval as well as submit a traffic study. He said it would not be a destination stop as it is a fast food restaurant and people will stop by as they are going through. Mr. Held referenced the POCD and 4.8.4 which
deals with the Economic Development goals and encourages restaurants in the appropriate location.
Mr. Tulis expressed his concern on the additional sites this proposed change could affect and asked the commission to please consider this.
Joanne Paul, the attorney for B & M reality was present. She said zone changes are apart from regulation changes and to say the regulation change is not appropriate because someone could use it in the future for a zone change does not make sense; it will not make it any more likely that there will be a zone change. Atty. Paul said the on ramp/off ramp wording used in their application was included as courtesy to the previous applicant.
E. Standish motioned to close the Public Hearing. J. Sullivan seconded motion. Unanimously approved. Public Hearing closed.
PZC2012-38 To amend the Willington Zoning Regulations to delete sections 11.20.04.06 and 4.19 regarding septic systems locations and amend Sections 4.23 and 13.05.08 regarding activity in relation to proximity to rivers. Applicant: Willington Planning and Zoning Commission
Chairman Marco called a 5 minute recess.
The meeting resumed and A. Marco said at the time the regulations were put in place, the Inland Wetland Commission and the Public Health Code technical standards did not exist. S. Yorgensen said in the early 70’s, the state passed wetland statutes but the Town wetland agency did not exist. In the mid 80’s the state adopted the Public Health Code and in 1986 the Wetlands Commission was formed and adopted the regulations but they PZC regulations were never changed to reflect the new agencies authority. M. Ellis read option 1 and 2 set before the commission.
Linda Hotham of Pinecrest Road asked if the 150 foot requirement is consistent with DEP and S. Yorgensen said she believes so; the state does not have these requirements.
Ralph Tulis said he does not think there is anything wrong with the regulations being more restrictive than the state health coded. A discussion was held. Mr. Tulis said he would advocate for alternative 1.
Linda Hothan said she served on the Planning and Zoning Commission between 1981 and 1987 and recognized Willington would be a town of great growth. She asked the commission to be as conservative as possible when it comes to the water resources in town.
A discussion was held on the as builts for commercial projects. S. Yorgensen said the septic is included on the as builts on projects requiring a special permit. .
Chairman Marco called a 5 minute recess at the request of Attorney Jacobs.
After resuming, Atty. Jacobs referenced the application brought before the Inland Wetland Commission for Loves Travel Stop and agreed that the above sections are duplicative and should be deleted.
M. Ellis motioned to close the Public Hearing. E. Standish seconded the motion. All in favor. Public Hearing closed.
Regular Meeting
PZC2012-39 Application for an Amendment to Brimwood East Section 1 Subdivision Dated 6-23-73 and Subdivision for A.R. Godbout Dated 1973, Revised July 18,1975 Owner/Applicant: Ridgeview-Willington, LLC (Received September 18, 2012 Public Hearing by November 20, 2012 Decision within 35 after close of P.H.)
Attorney Sam Schrager was present for the applicant; they would like to enlarge lots 20 and 21 and put the remaining acreage into lot 22 to make the lots conforming. A discussion was held on whether or not a Public Hearing would be called for. The applicant will outline the buildable area and submit it prior to the next meeting. Application has been tabled until the next meeting.
PZC2012-40 Request for formal determination if property on Common Road is a free cut or subject to subdivision approval. Owner: The Heck Family Land Management Company, LLC Applicant: Mark Sousa
Mark Sousa was present. M. Ellis asked if the applicant had a Parcel History Map. Mr. Sousa said it was recorded with the town. Mr. Sousa drew a diagram and explained the parcel on the map.
The applicant will obtain a Parcel History Map. The application was tabled.
Old Business:
PZC2012-34 To amend the Willington Zoning Regulation (Section 11.12.06.04) to permit fast food restaurants to exist on a site which is located within 500 feet from any point where an on-ramp and/or an off-ramp to an interstate highway intersects with a local street or state highway. Applicant: Leonard Jacobs (Received July 17, 2012 Public Hearing September 18, 2012)
The Public Hearing has been closed. A discussion was held on the current regulation and whether or not it is singling fast food restaurants out. A discussion was held on trash/litter and increased traffic.
The commission discussed the usage of a bond. The commission looked at the maps provided. A. Marco said the 84 corridor and route 32 were determined by the towns PoCD as an area for business growth. M. Ellis said he believes the commissions have enough controls in other areas.
The commission asked staff to draft a motion for PZC2012-34.
PZC2012-37 To amend the Willington Zoning Regulation (Section 11.12.06.04) to permit fast food restaurants to be located on a site, a portion of which is located within 500 feet from an on-ramp to an interstate highway or at the intersection of two Principal State Routes as defined in Section 2.04.01 of the Willington zoning regulations. Applicant: B & M Realty Trust, LLC (Received September 4, 2012 Public Hearing September 18, 2012)
A discussion was held on PZC2012-34 and PZC2012-37 and the definition of a local street. A discussion was held on the 500 foot radius. The commission discussed Attorney Branse’s review and suggestions. The application was tabled until the next Planning and Zoning meeting.
PZC2012-38 To amend the Willington Zoning Regulations to delete sections 11.20.04.06 and 4.19 regarding septic systems locations and amend Sections 4.23 and 13.05.08 regarding activity in relation to proximity to rivers. Applicant: Willington Planning and Zoning Commission
The commission will re-read the proposed amendments prior to the next meeting and discuss them at the next meeting.
PZC2012-40 Request for formal determination if property on Common Road is a free cut or subject to subdivision approval. Owner: The Heck Family Land Management Company, LLC Applicant: Mark Sousa
The commission revisited the application. Mr. Sousa went through his documents and found a map showing the parcel history. A discussion was held.
M. Ellis motioned that the Planning and Zoning Commission has determined that the lot proposed to be cut out of the parcel on Common Road is the first cut and is not a subdivision. W. Parsell seconded the motion. All in favor. Motion carried.
Minutes
P. Nevers Motioned to approve the minutes of 7/17/2012. E. Standish seconded the motion. All in favor. Motion carried.
Correspondence
- State of Connecticut Siting Council regarding the Cingular Wireless Tower.
- Nathan Jacobson and Associates 40th Anniversary October 4, 2012
- State of Connecticut Siting Council letter to Christina Mailhos dated July 24, 2012 and August 20, 2012 regarding the Cingular Wireless tower.
- Email from Curves regarding signage.
- WINCOG letter to the Town of Mansfield regarding zoning.
- WINCOG to the Town of Willington regarding fast food restaurants
Letter and pictures from Mark Wojcik of Lohse Road expressing his concern on tractor trailer trucks and issues that have arisen.
- Letter from Ralph Tulis regarding his concerns on the proposed regulation changes.
Staff Report and Discussion
M. Ellis said he is resigning when he moves out of the Town of Willington. The commission thanked Matthew Ellis for his years of service. M. Ellis suggested the commission consider James Poole to replace him. The consensus of the Commission was that they would recommend J. Poole when M. Ellis resigns, since he has been the longest standing alternate.
Meeting adjourned at 9:30.
Respectfully Submitted,
Michele Manas
Recording Clerk
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