Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
February 19, 2013 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Andrew Marco – Chairman
Thomas Murphy – Secretary
Edward Standish
Doug Roberts
Phil Nevers
Members Absent:
John Sullivan - excused
Walter Parsell - excused
James Poole – excused
Also Present:
Susan Yorgensen – Zoning Agent
Public Hearing
PZC2012-45 Application for 3 lot Re-Subdivision at 476 Tolland Turnpike and Meadow Lane (Map 16 & 21 Lot 22 Zone R80) Owner/Applicant: Ridgeview-Willington, LLC (Received November 20, 2012 Public Hearing January 15, 2013 continued to February 19, 2013 Decision within 65 days after close of P.H.)
This Public Hearing is a continuance from January 15, 2013 per request of Attorney Samuel Schrager who represents the applicant. A. Marco said once the Public Hearing is closed, no new information can be received. Recommendations were submitted by the Conservation Commission for the record.
Atty. Schrager said he has submitted revised plans and said the original plan called for a 2 acre parcel adjacent to town land. They have added 2 parcels under conservation easements and met the minimum based on the requirements in the regulations. He said they left a strip labeled ING to provide access to a parcel that is to the west of the ING parcel as they did not want to land lock it and are not suggesting in any way that it is a lot.
Atty. Schrager said the second change submitted is the topography plans showing the soil types and also submitted notices sent to Connecticut Dept. of Health and Windham Waterworks. He went over the 8 comments from Jacobson & Association and he believes the only outstanding item is the referral to CT DOT but they will not act until after the commission does so. Atty. Schrager said the open space has been revised, the future driveway is shown on the future site plan and each emergency turnaround is within 75 feet of the road or the house. He said the item concerning the culvert is governed by CT DOT and they are waiting on a ruling from the commission.
Chairman Marco asked if there were any comments from the Public. Peter Anderson of the Conservation Commission was present and referenced the document submitted by the Conservation Commission with their comments and suggestions. He highlighted and summarized portions of the document dated February 19, 2013 which is on file in the development office.
Mr. Anderson said the Commission has concerns and recommendation regarding the 30 acres of open space designated based on the 20 % set aside required by the Town Subdivision Regulations. Per section 5.15 No. 4, the subdivision regulation states “The character of the open space shall mimic, to the extent possible, the character of the land prior to development.” Mr. Anderson said the POCD recommends adding additional land that is contiguous with protected open space and tries to link current open space. It also says the Town shall target areas that contain land that abuts or provides corridors between large areas of open space or greenways because of its importance for wildlife habitat, public recreation and preserving rural character. Mr. Anderson said a portion of this property and the abutting property
happens to be a high resource value on the National Resource Inventory.
Mr. Anderson presented the areas the Conservation Commission would like to see designated on the map submitted and stated in the document submitted. Mr. Anderson explained the rationale for this proposal as stated in the document and said their estimation of the character of the parcel is that it is 20% wetlands. He said their recommendation will change the character of the protected open space to mimic the original parcel and Easement B will not link with any other Town or protected property as suggested in the POCD.
Mr. Anderson said adding acreage to current town property will serve as a protective wildlife corridor or preserve the rural character. He said a lot of sections of the property are prime farmland soil which is one the characteristics that make an area prime for conservation. Mr. Anderson presented a somewhat steep area on the plans and said they are asking for better access to Meadow Lane so if some sort of management activity would happen on the property the town would have better access.
Attorney Schrager said he is disappointed he did not get the document prior to today and therefore he is not able to respond appropriately. He said he could ask for a continuance or the commission could make it part of their conditions. Chairman Marco asked if Atty. Schrager felt the application was complete and he said he did. S. Yorgensen referenced a lot line on the plan and the existing concrete pad and Atty. Schrager said there used to be a building on the site which was removed but the concrete was not.
E. Standish motioned to close the Public Hearing. P Nevers seconded the motion. Al in favor. Motion carried.
PZC2013-1 Application for Special Permit for Use of existing home bakery kitchen at 327 Daleville Road (Map 2 Lot 3 Zone R80 Owner: Linda Lee Hill Applicant: Christine M McVey (Received January 15, 2013 Public Hearing by February 19, 2013 Decision within 65 days after close of P.H.)
Christine McVey was present to obtain a permit to make pickles and mustard at 327 Daleville Rd. She said because she purchases the cucumbers to use prior to when her garden cucumbers are ready she is required to get a permit and is also required to get a processing license due to the change in the regulation on July 1, 2012. Ms. McVey will use Ms. Lee’s kitchen for one day every two weeks. She said she does cold processing only which includes making the brine, cooling it, putting the cucumbers in a jar and adding the brine and finishing by putting the tops on and vacuum sealing them. McVey said she will go to the Board of Health after she obtains a permit from the town.
Chairman asked if there were any comments from the public in which there were none.
E. Standish motioned to close the Public Hearing. P. Nevers seconded the motion. All in favor. Motion carried.
REGULAR MEETING
Chairman Marco called the regular meeting to order and seated D. Roberts for J. Poole.
Pre - Application
Pre Application for 1 lot subdivision at 55 Blair Road owner Mr. Lackman. Mark Peterson to speak.
Mark Peterson and Mr. Lackman were present. Mr. Peterson presented plans and explained that Mr. Lackman would like to cut off 1 conventional lot on the south side and his home is on the north side. The lot is 200 by 400 which meets the requirements and showed the area on the plans. He said there is a small area of wetlands off the rear of the property which has been delineated by a soil scientist. Mr. Peterson presented the buildable square and said there are some areas at the rear of the house that may exceed slope requirements. He asked the commission if they would agree to the process of showing the buildable square.
Mr. Peterson said the site line requirement is 425 feet but Blair Road has a speed limit of 25 miles which would bring the requirement down to 325 feet per Connecticut guidelines. He presented the area on the plans and said it would be a shame to cut down all of those trees when they have a safe site line proposed.
Chairman Marco asked if this pre-application qualified as a re-subdivision and Mr. Peterson said no, it is a subdivision. S. Yorgensen said this lot is the 3rd lot out of the original piece and a discussion was held.
Mr. Peterson said they are in the 90 acreage vicinity and would be asking for a waiver on the A-2 boundary survey as they do not feel it is necessary. A. Marco asked if it would be subject o the open space requirements and a discussion was held. D. Roberts read the regulation on open space exemptions; it would be exempt if deeded to a member of the family but spouse was not included in Section 8-25 of the State Statute. Mr. Peterson asked if the commission would be comfortable if Mr. Lackman deeded the land to his wife for no consideration and waiving the open space. A discussion was held. A. Marco said they would have to get a legal opinion.
A discussion was held on the areas that exceed the 15% slope requirements and the increased buildable square. Mr. Peterson asked if the commission had any comments on the A-2 Survey and site line waivers requested. S. Yorgensen said they can meet the site line requirement for 25 mph and a discussion was held. S. Yorgensen said the lot has more than 40,000 feet of buildable square so it would meet the slope requirements. A discussion was held on the A-2 Survey and S. Yorgensen said they would have to file a map that shows the entire parcel and the last time it was surveyed. Mr. Lackman said it was surveyed in 1970.
Ralph Tulis asked if there were waiver provisions in the subdivision regulations. He said in reference to the site line, going toward Stafford is not an issue because of the 90 foot corner but he does not believe it meets the site line requirements coming from Stafford.
Chairman Marco said in regards to the exemption for open space on land deeded to a spouse he does not believe the commission has discretion. E. Standish said they would have to contact Attorney Branse for a legal opinion.
New Business:
PZC2013-3 Application for Zone Change from R80 zone to Design Commercial (DC) zone at 00 Polster Road & 3 Polster Road & 00 Polster Road (Map 46 Lots 16 & 17) Owner: Joseph & Frank Malack Applicant: Love’s Travel Stops & Country Stores (Received February 19, 2013 Public Hearing by April 16, 2013 Decision within 65 days after close of P.H.)
Application received February 19, 2013 and the Public Hearing has been set for April 16, 2013.
PZC2013-4 Application for Special Permit for motor vehicle fuel sales, tire repair and replacement, retail trade and two restaurants (Travel Stop) at 00 Polster Road & 3 Polster Road (Map 46 Lots 16 & 17) Owner: Joseph & Frank Malack Applicant: Love’s Travel Stops & Country Stores (Received February 19, 2013 Public Hearing by April 16, 2013 Decision within 65 days after close of P.H.)
Application received February 19, 2013 and the Public Hearing has been set for April 16, 2013.
Old Business:
PZC2012-45 Application for 3 lot Re-Subdivision at 476 Tolland Turnpike and Meadow Lane (Map 16 & 21 Lot 22 Zone R80) Owner/Applicant: Ridgeview-Willington, LLC (Received November 20, 2012 Public Hearing January 15, 2013 continued to February 19, 2013 Decision within 65 days after close of P.H.)
Chairman Marco said the Public Hearing was closed and they have the recommendation from the Conservation Commission. A discussion was held on the recommendation and A. Marco said the Conservation Commission’s plan puts the open space in all the right places. He said they have to make sure it meets the current regulations and he would like to keep the application on the agenda for the next meeting scheduled for March 5, 2013. E. Standish asked staff to draft up the open space changes.
PZC2013-2 Application to amend Special Permit and final site development plan to change loading dock into office space (701.5 sq ft), relocate trash compactor and improvement to gravel parking area to create sidewalk at 350 Ruby Road (Map 42 Lot 48-1 Zone DI) Owner/Applicant: FedEx Ground Package Systems, Inc (Received February 5, 2013 Public Hear by April 2, 2013 Decision within 65 days after close of P.H.)
Evelyn Smith was present for the applicant and said she sent the requested Storm
Water Prevention Control Plan to S. Yorgensen electronically last Friday. She said the plan was revised in 2011 and includes a monitoring provision to monitor the current compactor which is scheduled to be removed. The provision will then cover the compactor in the new location. S. Yorgensen said the plan would have to be updated.
Ms. Smith said the Spill Prevention Control Plan was updated in 2011. A. Marco read the Storm Water Prevention Plan and said it needs to be revised with the updated Locations. A discussion was held on the compactor and possible leakage.
Chairman Marco said the change to the loading dock and sidewalk space are minor modifications. A discussion was held on conditions.
Chairman Marco motioned to approve application PZC2012-2 with the following conditions:
- The Fuss & O’Neill Storm Water Prevention Plan dated May 2011 is to be updated to include the new location of the compactor.
- A complete site asbuilt to be submitted.
T. Murphy seconded the motion. All in favor. Motion carried.
Minutes
P. Nevers motioned to approve the minutes of February 5, 2013. T. Murphy seconded the motion. All in favor. Motion carried.
Correspondence
- Copy of the Town of Ellington P & Z application for subdivision regulation amendments.
- Notice of Certain Planning and Zoning Matters in Neighboring Municipalities on an application for Homework Properties Subdivision.
- Connecticut Federation of Planning & Zoning Agencies notion on the CFPZA Annual Conference dated March 14, 2013.
- Willington Conservation Commission’s recommendation regarding on application PZC2012-45.
Election of Officers
T. Murphy nominated A. Marco as Chairman. E. Standish seconded the motion. A. Marco asked if any other nominations and hearing none, called to a vote. Unanimously approved.
P. Nevers nominated E. Standish as Vice-Chairman. T. Murphy seconded the motion. A. Marco asked if any other nominations and hearing none, called to a vote. Unanimously approved.
T. Murphy nominated W. Parsell as Secretary. E. Standish seconded the motion. A. Marco asked if any other nominations and hearing none, called to a vote. Unanimously approved.
Budget
Chairman Marco said he is presenting the proposed budget to the Board of Finance. S. Yorgensen said there is no change other than the Zoning Assistant. A discussion was held on the Budget Proposal and the line items.
P. Nevers motioned to approve the Planning and Zoning Proposed Budget 2013/2014. E. Standish seconded the motion. Unanimously approved.
Staff Report and Discussion
A discussion was held on legal notice publications. A discussion was held on development fees and attorney fees.
Meeting adjourned at 9:17.
Respectfully Submitted,
Michele Manas
Recording Clerk
| 
