Town of Willington, CT - PZC Meeting Minutes 12/04/2012

PZC Meeting Minutes 12/04/2012

Planning and Zoning Commission

40 Old Farms Road Willington, CT 06279

December 4, 2012 – 7:00 PM

Meeting Minutes

Roll Call

Members Present:

Andrew Marco – Chairman

Thomas Murphy – Secretary

Edward Standish

Phil Nevers

Walter Parsell

Doug Roberts – Alternate

Members Absent:

James Poole – Alternate – excused

J. Sullivan - excused

Also Present:

Susan Yorgensen – Planner/Zoning Agent

Public Hearing

Chairman Marco called the Public Hearings to order.

PZC2012-43 Application for Special Permit for Dog Grooming/Retail at 16 Tolland Turnpike (Map 30 Lot 13 Zone DC) Owner: Realty LLC Applicant: Allison Saunders (Received November 20, 2012 Public Hearing December 4, 2012 Decision within 65 days after close of P.H.)

The applicant Allison Saunders was present and said she would like to open a dog grooming and retail facility at 16 Tolland Turnpike. The building is 576 square feet and the front half would be for retail and the back half would be for grooming. Ms. Saunders said she has received approval from Eastern Highland Heath District and explained the plan is to see 5 to 8 dogs per day with one groomer on site and 1 person in front for retail.

Ms. Saunders presented plans. A. Marco asked the applicant if she received the letter from Jody Schmidt with the provisions they are requiring and she said yes. Ms. Saunders said there will be parking for 3 vehicles in the front and 5 in the back if necessary but she highly doubts the need for 8 vehicles at any one time. The hours will be Monday through Friday from 8:30 am to 6:00 pm with shorter hours on Saturday and Sunday. E. Standish informed the applicant of a couple Chace employees that do park in the back and Ms. Saunders said Chace determined where the parking will be. A discussion was held. S. Yorgensen said the applicant does show more parking than the regulations require.

T. Murphy asked about signage and Ms. Saunders said she has an idea of what she would like but would back before the Commission at a later date for signage. She said she would like the business name on the directory sign and S. Yorgensen said that is not a problem but any other sign would have to come back before the Commission. Ms. Saunders explained there is no room for a sign on the building and she is thinking of a 3’ x 4’ sign, 12 square foot sign mounted to the chain link fence and the existing sign on the roof will come down.

S. Yorgensen asked the applicant about walking the dogs and waste control. Ms. Saunders showed the “elimination area” on the map and said the area would be cleaned and sanitized on a daily basis and pet elimination would be collected and store in a covered container. Organic cleaners would be used which is healthier for the environment and the animals. The applicant has spoken to Midneroc Waste and she can drop off 220 lbs. of waste a quarter so she does not think it will be an issue.

Chairman Marco asked for comments from the Public; no comments were heard. M. Ellis motioned to close the Public Hearing. T. Murphy seconded the motion. All in favor; the Public Hearing was closed.

PZC2012-44 Application Special Permit and amendment to approved site plan (including addition and outdoor seating area serving food and drinks) at 39 Adamec Road (Map 24 Lot 40 Zone DC) Owner/Applicant: 39 Adamec Road LLC (Received November 20, 2012 Public Hearing December 4, 2012 Decision within 65 days after close of P.H.)

Chairman Marco said the restaurant is the former site of Teggiano’s. T. Murphy recused himself.

Russell Heintz of Tarbell & Heintz was present for the applicant. Mr. Tena, the owner of Benis Restaurant in Rockville was also present. Mr. Heintz explained that they are trying to mirror Benis in Rockville and that is how they came up with the seating and banquet area. He said the bar area would not change and they will have outside seating. Mr. Heintz said they are proposing to add an addition for the banquet area and proposing to add a deck and patio. The applicant has met Eastern Highland’s health code requirements for outdoor seating.

Mr. Heintz said they can add space for additional parking as there is more than enough room for gravel parking. S. Yorgensen asked about a loading area and Mr. Heintz said they did not show it on the plans but it is in the same place it has always been for this site.

Mr. Tena said the hours would be 11:00 am to 1:00 am with no breakfast and food service will be 11:00 am to 10:00 pm.

Mr. Heintz said there is very little landscaping on the site and they will keep the existing decorative trees. He said they have not discussed signage but the existing sign will stay with a name change and the amount of signage on the building will be on the architectural sketch.

Chairman Marco said the November 29^th approval from Eastern Highland Health District is in the file as well as the follow up letter.

Ben Gjonbalas of SG Design was present for the applicant and presented plans. S. Yorgensen asked if the new deck as well as patio will have outdoor seating and Mr. Gjonbalas said yes, it is included in the total number of seats.

Mr. Gjonbalas explained the patio will be surfaced with pavers and the perimeter will have multi-color ledge stone with black metal railings; the same materials as Benis Restaurant. He said the only thing they want to change on the building is the material; the building looks as if they did an addition after addition and they want to have the building look as one. Mr. Gjonbalas said they want to reface the building with stucco and put in nice window treatments. He said the entrance is not inviting so they want to round up the entrance so the entrance can be seen clearly from all directions and he showed this on the plans. The front will be arced and the inside will be re-worked.

Chairman Marco asked the applicant how they are reacting to the P & Z regulations in regards to outdoor seating specific to litter, pest control and unauthorized access. Mr. Heintz referred to Benis Restaurant and said the restaurant is run very professionally; if litter did occur the staff would pick it up. He said access to the outdoor seating would only be from indoors and there would not be a bar outside; waiters and waitresses will come out and serve.

Mr. Gjonbalas showed the alternate entrance/exit and handicap access on the plan. Mr. Heintz said final approval from Eastern Highlands is contingent on a good floor plan after which time the will seek approval from the fire department and building department.

A discussion was held on the parking plan. The applicant said the parking is based on the final # of seats (178 total seats).

Mr. Gjonbalas said they will have a pergola over the outdoor seating. M. Ellis asked about entertainment and Mr. Tena said they would not have entertainment and speakers will be inside the bar area but not outside. A. Marco asked about propane heaters and Mr. Heintz said they are not being used in Vernon and there is no plan to do so at this time.

A discussion was held on the seating. Mr. Heintz said of the 44 lounge seats, they would have to take 20 outside. Mr. Gjonbalas said some of the outdoor area will be taken up by the HVAC and the ramp.

Chairman Marco asked for Public Comment.

Bill Luchon, of Adamec Road, said he is concerned about overflow parking on Adamec Road and is concerned of upward lighting and trash in the woods. Mr. Tena said the dumpster area will be fenced in so trash will not be an issue. Mr. Luchon said, other than parking, he thinks it is great. A. Marco said up-lighting is no longer allowed due to the change in their regulations.

Ralph Tulis said he thinks it’s great that the place is headed for a re-opening.

Mr. Luchon asked about garbage pick-up time as the previous owner had it done at 5 AM which is very early in the morning. Mr. Tena said he would ask the contractor to pick up later

Kim Kowalyshyn said, on behalf of the Economic Development Commission, they are very excited.

A discussion was held on the application and A. Marco said he is concerned that they may have a few questions unanswered such as the seating. S. Yorgensen said they do have the total number of seats and should the Commission approve the application, the approval would be based on the Eastern Highland Health District approval as well as the Fire Marshal and Building Inspector prior to occupancy. S. Yorgensen said the small items can be taken care of with technical revisions to the plan and she does not see any big issues outstanding.

A discussion was held on additional parking. Mr. Heintz showed 5 additional spaces on the plans and S. Yorgensen said the applicant only needs 1 more per the regulations.

Mr. Heintz said, on behalf of his client, he would love to see the Public Hearing closed so the applicant can put a foundation in and start on the addition.

M. Ellis motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor. Public Hearing was closed.

Regular Meeting

Chairman Marco called the regular meeting to order and seated D. Roberts for J. Sullivan.

Old Business

A discussion was held on the decision making process, the timing of the meetings and the need for special meetings. A. Marco said there are some applications that need more thought, particularly if there are changes. The Commission agreed they do not always need to delay the process to the next meeting.

M. Ellis said he was concerned about the elimination area and if the applicant would walk the dogs on a leash. S. Yorgensen said yes, that is in the application. A discussion was held on fencing in the elimination area.

T. Murphy motioned to approve application PZC2012-43 with the following conditions:

Plan revised to include technical revisions required by Staff including labeling of the grassed pet elimination area.
All signage (except for the directory sign) to be approved by the Commission.
Applicant meets all requirements of Eastern Highland Health District and Fire Marshal.
All required building permits obtained.
All State and local guidelines/requirements shall be adhered to.

Annually renewable.

P. Nevers seconded the motion. All in favor. Motion carried.

Chairman Marco said the Public Hearing has been closed; the Commission has reviewed maps and heard the testimony from the site engineer, architect and owner.

M. Ellis commented that the application is a good use of the property. A discussion was held on completing the building as proposed and the regulation on serving alcohol outside. S. Yorgensen said the applicant will have to fill out an additional form and can serve alcohol if approved by the town.

M. Ellis expressed his concern on parking and would like to see over-flow parking.

M. Ellis motioned to approve PZC 2012-44 the application with the following conditions:

Plan to be revised to include technical revisions as required by staff including additional parking space and loading area and dumpster (screened).
Plan to show over-flow parking area
No on street parking.
Restaurant not to exceed 178 seats as depicted on the plan.
Existing sign replacement to be submitted for approval by Staff.
No live entertainment.
Dumpsters required and to be screened.
Applicant to meet Health Department, Fire Marshal requirements and obtain all required Building Permits as well as Federal, State and Local Regulations.
Annually renewable.

W. Parsell seconded the motion. A vote was held. T. Murphy abstained; all others in favor. Motion carried.

Minutes

E. Standish motioned to approve the minutes of November 20, 2012. W. Parsell seconded the motion. M. Ellis abstained, all others in favor. Motion carried.

Public Comment

Ralph Tulis requested information on PZC2012-38 which was voted on and did not carry. He asked why a decision was not published and was re-visited. Chairman Marco said it did not carry due to a technicality because they did not have a full Commission. A discussion was held. A. Marco said the vote was not with the majority of a full commission as required per State Statute. The Commission would like to refer this to their Attorney and will answer Mr. Tulis’ question at a later date.

Meeting adjourned.

Respectfully Submitted,

Michele Manas

Recording Clerk