Town of Willington, CT - PZC Meeting Minutes 07/16/2013

PZC Meeting Minutes 07/16/2013

Planning and Zoning Commission

40 Old Farms Road Willington, CT 06279

July 16, 2013 – 7:30 PM

Meeting Minutes

Roll Call

Members Present

Andrew Marco - Chairman

Thomas Murphy

Walter Parsell - Secretary

Phil Nevers

Doug Roberts – Alternate

Members Absent:

Edward Standish – Vice Chairman -excused

John Sullivan - excused

James Poole - excused

Also Present:

Susan Yorgensen –Planner/Zoning Agent

Matt Willis – Land Use Attorney

Caleb Hamel – of Branse, Willis and Knapp

Public Hearing

Chairman Marco called the meeting to order at 7:30.

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 April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013, June 18, 2013 – extension granted /Decision within 65 days after close of P.H.)

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 April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013, June 18, 2013 ~– extension granted /Decision within 65 days after close of P.H.)

Chairman Marco said, at the last hearing, the question was asked on if the Public could summarize their concerns and A. Marco said yes and asked that the presentations be kept to 3 minutes; after the Public has their chance to speak, the applicant will give their closing statements.

Tom Galeota, of Fuss & O’Neill, said there were questions regarding water wells and the affect the proposed site’s well might have on adjacent properties. He said their hydro geologist submitted a statement that was read at the last meeting but there was one additional question; E. Standish asked about residential wells above the site and how they may be affected. The applicant submitted the following Well Water Statement prepared by John Hankin.

Ralph Tulis submitted DVD’s for the record showing a video of various truck turn radius’s that he recorded; he said on several occasions you can see the trucks going off the pavement. He referenced diagram CR 109 and said the latest copy submitted by Fuss & O’Neill has been revised. He asked the commission to accommodate him as his presentation is longer than three minutes and he has kept mostly quiet throughout the hearings. He addressed the Land Owners, Commission, Public and Applicant as this has been a very long, trying process and commended everyone for remaining professional and showing respect for the other parties. Mr. Tulis stated his background and experience and added that he was chairman on the PZC subcommittee that developed the current Plan of Conservation & Development.

Mr. Tulis expressed his concern for Roaring Brook and the wetlands on the site. He commented on the approval by the IWWC and one of the documents written by Attorney Branse stating the approval by a wetlands agency does mean PZC must approve it. Mr. Tulis asked the Commission to consider the concerns of the Public Works Department, the Conservation Commission and Mr. Donahue as well as the Public. He expressed his concerns on traffic patterns, the existing infrastructures shortcomings and asked the Commission to use their best judgment on how well the facility would fit and to determine the unanticipated consequences of allowing it to go forward.

Mr. Tulis asked the Commission to consider the report done by Brian Murphy and expressed his concern on the likelihood of tree blow-downs that will occur after clearing & grubbing has been done. He referenced 12.03.02.03.07 which requires a statement from the applicant that explains how the proposal conforms to the comprehensive Plan and how it meets the goals in the Willington’s adopted plan of Conservation & Development. He asked how the proposal will better utilize the resources of the site to the benefit of the neighborhood and the Town than would be possible under the requirements of the underlying zone. He asked the Commission to do the right thing and deny the application. Mr. Tulis’s document dated 7-16-2013 was submitted for the record.

Karen Bradley addressed the Commission and recapped the concerns that were expressed over the course of the Public Hearings; the document was submitted for the record. She said Love’s continues to state they are not responsible for the heavy traffic and litter that is already occurring but believes this second travel stop is only going to intensify the issue that is already present. Ms. Bradley expressed her concerns on litter, pee bottles and transient traffic lining up for their gas, cigarettes and profit. She asked the Commission to consider the value of the entire town and asked if Willington becomes a truck stop town, who would want to locate here?

Mr. Bradley said there will be other opportunities to develop this land which would be more suitable to the town; more suitable than a 24/7/365 intense stop over. She asked the Commission to review what the Public has discussed, review the pictures and review the objections.

Dan Donahue addressed the report submitted by Brian Murphy of DEEP dated June 28, 2013 which was submitted for the record. He said the report re-enforced the concerns he addressed at the earlier Public Hearings and asked the Commission to pay particular attention to the concerns address on page 5 of Mr. Murphy’s report.

Mr. Donahue read Mr. Murphy’s conclusion; In light of the potential adverse effects on important wetland and reverine resourced resulting from intension commercial development of the Love’s Travel Stops & Country stores facility, it is recommended that the Town of Willington carefully consider the environmental consequences of rezoning this 40 acre parcel. If a development is approves, it is recommended that permit conditions are included that the address the concerns listed above.

Bob Wiecenski of Glass Factory Road said everything we do today comes by truck and said truck stops are necessary for a place for truckers to rest. He asked how many people go the TA to mail something, get gas or coffee or have a meal. Mr. Wiecenski said this town needs revenue and every little bit counts.

Don Berg thanked the Commission for their time.

Bruce Semicole said the town already has a truck stop; why do they need another?

Melissa Miller said her home is very close to the site. She said the town needs commercial business but this is not the right place for it.

Bruce Burkhardt, of Village Hill, echoed Ralph Tulis’ comments on Roaring Brook; it is a beautiful piece of property and Roaring Brook is a treasure.

Attorney Jacobs said, at the start of Public Hearing, they went through all the requirements and believe they have met all the requirements of the Special Permit. He said they have heard about errant truck traffic and the confusion of the truckers trying to get to TA and they believe they will reduce errant truck traffic due to the visibility of the Love’s site. He said they also believe they are far enough away from the residential neighbors and do not feel they will disturb them. Atty. Jacobs said, with improvements made to Polster Road with a No Through Truck Traffic, they will eliminate the truck traffic going down Polster Road.

Attorney Jacobs said there has been a lot of talk about the environment and referenced the time they, the applicant, have spent with the Inland Wetland Commission which is a very experienced and educated Commission.

Atty. Jacobs commented on section 4.23 and said they do not violate this section. He said they do not have a drainage area more than 200 acres; the drainage area is less than 200 acres which shows that section 4.23 does not apply.

Atty. Jacobs said they will go the DEEP subsequently for the septic system and will meet all the requirements of the sanitary code of the State of Connecticut.

Atty. Jacobs said there was a lot of talk about I84 and the exit ramps and the figures they have provided are the State of Connecticut’s numbers. He said the State of Connecticut also looks at the ramps and if they thought there was a dangerous situation, they would fix it.

Atty. Jacobs referenced the letter from Brian Murphy of DEEP; he thought it was a fair letter and well written but thinks that someone that works for the DEEP Fisheries has a bias for the protection of the river. He said, in the document, Mr. Murphy didn’t recommend the Commission deny the application but recommended the Town of Willington consider the site carefully and if the Commission approves the application, include the conditions deemed appropriate. Atty. Jacobs asked the Commission to look at 4a of the POCD and particularly Map 16 which was prepared by the Conservation Commission. He said there are areas identified as priority conservations areas but this area is not.

Atty. Jacobs said, in closing he would like to say there are 30, 40 or 50 people that have turned out for the hearings but the rest of the Town of Willington has not come out to express favoritism or opposition. He also reminded the Commission that the Economic Development Commission did speak strongly in favor of the application. Atty. Jacobs added that the Malack family has owned the property for approximately 100 years and is entitled to a fair hearing.

Chairman Marco asked if the application was complete and Atty. Jacobs said it was.

P. Nevers motioned to close PZC2013-3 and PZC2013-4. W. Parsell seconded the motion. All in favor. Motion carried.

PZC2013-17 Application to amend approved zone change (preliminary site development plan) ~to build Dunkin Donut Restaurant at 333 River Road (Map 30 Lot 17 Zone DC) Owner: B&M Realty Trust/ Applicant: Dekk Group, LLC (Received May 21, 2013 Public Hearing ~July 16, 2013)

PZC2013-18 PZC2013-17 Application ~for a Special Permit/Final Site Development plan for proposed ~2,400 sq ft Dunkin Donut Restaurant at 333 River Road (Map 30 Lot 17 Zone DC) Owner: B&M Realty Trust Applicant: Dekk Group, LLC (Received May 21, 2013 Public Hearing ~July 16, 2013)

The Commission agreed to run PZC2013-17 and PZC2013-18 concurrently. David Held, a Licensed Engineer and Land Surveyor with Provost & Rovero was present for the applicant. He submitted certified receipts for the record and said the signs were posted on the site July 3, 2013.

Mr. Held addressed Section 12 – Designed Development Zones of the Regulations and addressed each section. Section 1, Mr. Held showed the location and said the PoCD speaks to this sort of development; low intensity. Section 2, Mr. Held went through the adjacent properties and feels they are consistent with this section of the regulations. Section 3, Mr. Held said they are assuming in the future the building on the adjacent lot will come down but feel they are in compliance with this regulation. Section 4, Traffic Circulation, he said they are accessing the site off two state highways, a detailed study has been submitted with the application package and they do not feel there will be any adverse impact.

Mr. Held addressed Section 5 and said the project has been approved by the IWWC; there are wetlands on the site. He said they are proposing an onsite well and septic system and the wells have been approved by the State Dept. of Health and the septic approved by the Eastern Highlands Health District. Section 6, availability of water to the site and adequate disposal of sewerage effluent, the applicant is proposing an onsite well and has received the necessary certificate which is part of the package.

Mr. Held addressed section 7, type of display signs, lighting and hours, and submitted revised plans. Section, 8, safeguards to protect, Mr. Held said they do have a detailed landscaping plan which has been submitted. Section 9 addresses economic impact on the Town of Willington and the applicant does not feel this will not have an adverse effect but will have a positive impact to the Town of Willington.

Mr. Held presented the architectural plans and said they wanted to come up with a design that would be in character with the rural area of the town. He showed the onsite septic and explained that it would be a soil air system which was highly recommended by the Town Sanitarian. Mr. Held explained the storm drainage system which will be a series of catch basin and presented this on the plans.

Mr. Held said they have an onsite lighting system and gave the details of the plans which have been submitted with the application. He said they do have a site sign adjacent to the intersection of 32 and 74 which will be illuminated with ground level lighting shining on it. He said the lights would be 100 watt fixtures. S. Yorgensen said if the Commission were to approve this application, the lighting proposed would not be approved. T. Murphy said they will only approve down lighting.

Mr. Held referenced the signage details and said they are proposing a 6 foot 3 by 5 feet sign which is just under the regulated amount. He said they may have to make some changes regarding building signage to comply with the regulations. .

Mr. Held said the Town Engineer has reviewed and approved the plans. Mr. Held submitted a report from Joseph Dillon and his only comment was to include a guard rail. He said the Dot has reviewed the traffic study and would like Rte. 74 widened in a couple areas but they will address this with the DOT.

W. Parsell questioned the amount of traffic on Rte. 32 and Rte. 74. Mr. Held presented the site line plan and a discussion was held. Mr. Held there is also an issue of a drainage right of way which was left over from when the intersection was rebuilt. Mr. Held said the study has been submitted as part of the application.

Chairman Marco questioned the grass line swale and Mr. Held said it will have some water quality benefit and said it is designed to convey the storm water. A. Marco asked if it is the water exiting the parking area and Mr. Held said yes. Mr. Held said they have oversized the detention basin and the hydrodynamic separator assuming there will be some kind of operational development on the site adjacent and explained this on the plans. A discussion was held on the preliminary site development plans and the site plans.

Chairman Marco questioned the application to modify and a discussion was held. S. Yorgensen said that someone would have to change the site development plan and commented that the zone would not be amended but the site development plans would be amended. Mr. Held submitted revised plans for the application.

Mr. Held explained the buildable area and explained the waiver request they have received from ZBA. Mr. Held presented this on the plans and said they came up with an architectural style that is within the rural character of the area. He said the floor plan is preliminary at this point and then presented the septic system plan on the site.

S. Yorgensen asked the number of seats and Mr. Held said 32 seats. Mr.. Held explained the well on site which would require a licensed operator to inspect it periodically. Mr. Held explained the proposed septic system and drainage system which has been submitted the record. S. Yorgensen said the plan will need to be revised. She said she had spoken with Mr. Held about the signage, lighting and sedimentation control deficiencies and a few other technical revisions needed.

A discussion was held on vehicles that could stack in the drive thru and Mr. Held said 11 vehicles can stack in the drive thru and they will also have a bypass lane. Ralph Tulis expressed his concerns on the curb cuts and people cutting through the parking lot to avoid the signal light. A discussion was held.

T. Murphy asked the hours and the applicant believes them to be 5 am to 10 pm, not 24 hours. A discussion was held on the adjacent lot. The applicant said they are two separate lots and they currently do not have a plan for the adjacent lot. A. Marco asked if the driveway was on the other piece of property and the Mr. Held said yes. The applicant said the lot is a vacant lot and further discussion was held. The Applicant submitted full size plans.

T. Murphy motioned to close the Public Hearing. W. Parsell seconded the motion. All in favor.

REGULAR MEETING

Old Business:

PZC2013-8 Application for Special Permit for a 15 acre rear lot to build a single family dwelling with barn/garage located on the north side of Tolland Turnpike/Rt 74 across from Glass Factory Road and shown on the Town Assessor’s (Map 29 Lot 7 Zone R 80 Owner/Applicant: Mark Marquis (Received March 19, 2013 Public Hearing April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013 – extension granted/Decision within 65 days after close of P.H.)

W. Parsell Motioned to approve PZC2013-8 Application for Special Permit for a 15 acre rear lot to build a single family dwelling with barn/garage since the Commission finds that the plan does not depict a shared driveway, with the following conditions:

Site plans shall be revised:

To show relocation and reconstruction/relocation of portions of stone wall required to be removed for new access.
To reflect DOT requirements and depict safe access for both the applicant and parties using the right-of-way.
Final driveway plans shall be reviewed and approved by the Commissions engineer and by the Fire Department.
Site specific Sedimentation and Erosion Control Plan meeting 2002 CT DEEP Guidelines be depicted and detailed for house site and driveway which shall incorporate measures to keep as much existing growth and trees as possible.

P. Nevers Seconded the Motion. All in favor. Motion carried.

PZC2013- 15 Application for a 1 lot subdivision at 55 Blair Road (Map 53 Lot 3 Zone R80) Owner/Applicant: Stephan G. Lackman (Received May 7, 2013 Public Hearing June 18, 2013)

W. Parsell motioned to approved PZC2013- 15 – Pursuant to Chapter IX, Section 9.03, Motion to grant a waiver of Section 5.05 4), regarding site line.

Motion to approve PZC2013- 15 Application for a 1 lot subdivision at 55 Blair Road.

Digital plans shall be submitted pursuant to Section 4.02 2) of the Town of Willington Subdivision Regulations.
Documentation regarding transfer as required by Section 15.14 a of the Town of Willington Subdivision Regulations shall be submitted per said Section.

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

PZC2013-20 Application for a modification/amendment to a Special Permit/Final Site Development Plan for ~a ~House of Worship (Temple) located at 40 Cisar Road (Map 8 Lot 3A Zone R80) Owner: Lao Lane Xang Temple of Connecticut Applicant: David Lebel (Received May 21, 2013 ~Public Hearing June 18, 2013)

D. Roberts Motioned to approve PZC2013-20 Application for a modification/amendment to a Special Permit/Final Site Development Plan for a House of Worship (Temple) located at 40 Cisar Road. P. Nevers seconded the motion.

W. Parsell asked the Commission’s authority on upholding the conditions placed. S. Yorgensen said, if they don’t abide, you can hold a Public Hearing to rescind the Special Permit.

There shall be no building-mounted flood lights. The only approved lighting is for the new parking area which shall be full cut offs,per the approved plans.
The final building elevations, for all sides of the building, shall be subject to the review and approval of the Commission. Such review and approval shall be deemed a part of the special permit review and the level of discretion applicable to special permit review.
There shall be no outdoor sound amplification.
Occupancy for normal monthly gatherings shall not exceed 100 persons, (other than for special events) not to exceed twelve per year.
Special events (i.e. annual meditation retreat) shall require prior notice to the Zoning Enforcement Officer and shall be limited to 4 annually.
The above # 4 and 5 are not meant to limit other small prayer meetings (i.e. Wednesday night meetings etc.).
Overnight camping shall only be accessory to the principal religious use.

All original conditions still apply:

Driveway permit be obtained and improvements required by the Town of Willington’s Public Works Superintendent be installed and approved by the Town
All parking shall be on site. There shall be no on street parking;;
No additional structures be erected or concrete pads installed without approval of the Commission;
Any change in the existing site plan must be approved by the Commission;
Fire Marshall shall inspect and approve the structure prior to occupancy for the gathering;
Regulations of the Town for recycling and dumping be adhered to;
Any signage shall conform to regulations;
Annually renewable.

A vote was held. All in favor. Motion carried.

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 April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013 – extension granted /Decision within 65 days after close of P.H.)

Public Hearing has been closed. Application tabled to the next meeting.

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 April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013 – extension granted /Decision within 65 days after close of P.H.)

Public Hearing has been closed. Application tabled to the next meeting.

PZC2013-18 Application ~for a Special Permit/Final Site Development plan for proposed ~2,400 sq ft Dunkin Donut Restaurant at 333 River Road (Map 30 Lot 17 Zone DC) Owner: B&M Realty Trust Applicant: Dekk Group, LLC (Received May 21, 2013 Public Hearing ~July 16, 2013)

Public Hearing has been closed. Application tabled to the next meeting.

Staff Report and Discussion

A discussion was held on adding additional meetings in August for the sole purpose of reviewing material. They will be conducted similarly to the regulation workshops and will be the only item on the agenda.

Selectman Mailhos addressed the commission regarding enforcement issues. A discussion was held on the options to address this issue. Selectman Mailhos said she is in support of Land Use getting extra help.

Minutes

P. Nevers motioned to approve the minutes of June 18, 2013 with the following amendment. P. Nevers motioned to approve PZC2011-14. A vote was held. Motion carried.

Meeting adjourned at 10:11

Respectfully Submitted,

Michele Manas

Recording Clerk