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PZC Meeting Minutes 09/17/2013
Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
September 17, 2013 7:30 PM
Meeting Minutes

Roll Call

Members Present
Andrew Marco, Chairman
Edward Standish- Vice-Chairman
Walter Parsell - Secretary
Thomas Murphy
Phil Nevers
Doug Roberts – Alternate

Members Absent:
J. Sullivan - excused
James Poole - excused

Also Present:
Susan Yorgensen – Planner/Zoning Agent
Mark Branse – Land Use Attorney
Caleb Hamel of Branse/Willis Firm

Regular Meeting

Chairman Marco called the Meeting to order at 8:00.

Old 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 April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013, June 18, 2013 – extension granted /Decision by September 17, 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 April 16, 2013 continued to May 7, 2013, May 21, 2013, June 4, 2013, June 18, 2013 ~– extension granted /Decision by September 17, 2013.)

Chairman Marco said they have heard great deal of testimony and reviewed the draft motion at the earlier workshop.  The Commission reviewed the motion.

E. Standish MOTIONED TO APPROVE PZC 2013-3 APPLICATION FOR ZONE CHANGE FROM R80 ZONE TO DESIGN COMMERCIAL ZONE

At 00 Polster Road & 3 Polster Road (Map 46 Lots 16 & 17)

Owner: Joseph & Frank Malack/Applicant: Love’s Travel Stops & Country Stores

The Willington Planning and Zoning Commission have considered the standards and factors in Section 12 of the Willington Zoning Regulations and other relevant zoning provisions.  The Commissioners have utilized their own knowledge of the area and have reviewed the written comments and verbal testimony offered by the applicant, the applicant’s experts, Commission staff, the public, and state officials.  Review letters were provided by, among others, the Capitol Region Council of Governments; the Windham Region Council of Governments; Brian Murphy, Senior Fisheries Biologist, Connecticut Department of Energy and Environmental Protection Inland Fisheries Division, Habitat Conservation and Enhancement Program; the Willington Conservation Commission; the Willington Board of Selectmen, and all such letters have been considered by the Commission in reaching its decision.  The Commission hereby finds that, as modified and conditioned by this Motion and the Special Permit Motion below:

  • The proposed Design Development is of such location, size, and character that, in general, it will be in harmony with the appropriate and orderly development of the area and will not be detrimental to the orderly development of adjacent properties
AND THAT

  • The location and size of the proposed uses, the intensity of operations involved in such uses, and the site layout will not be detrimental to the character of the neighborhood
AND THAT

  • The relationship between the proposed uses and the access streets is such that vehicular and pedestrian traffic generated by the proposed uses will not be detrimental to the character of the neighborhood
AND THAT

  • The establishment of the proposed Design Commercial Zone will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof
AND THAT

  • The proposed uses provide the best possible design of structures and land uses compatible with the shape, size, and topographic and natural character of the site without destroying valuable natural assets or pollution of lakes, streams, and other water bodies
AND THAT

  • For the reasons stated above, the proposed zone change is in full accordance with the Willington Plan of Conservation and Development
AND THAT

        7)  The petition filed by owners of property within five hundred (500') feet of the proposed change of zone does not include more than twenty (20%) per cent of the land within such area, as determined by the Commissions consulting engineer, and therefore does not trigger the two-thirds vote requirement of Conn. Gen. Stat. Section 8-3(b).
Therefore, the proposed zone change from R80 Zone to Design Commercial Zone is approved, with notations and modifications, effective October 1, 2013.

The notations and modifications required by this approval are:

Title block shall be revised to include “Zone Change and Preliminary Site Development Plan/DC Zone” (hereafter, “the Plan.”)
Pursuant to Section 12.04 and as offered by the applicant, all land, outside of the construction limit lines to be preserved as open space shall be so noted on the plan.

P. Nevers seconded the motion.  A vote was held.  A.Marco, T. Murphy, P. Nevers, E. Standish and W. Parsell voted to approve the application.  J. Sullivan and D. Roberts voted to deny the application.  Motion carried.



E. Standish MOTIONED TO APPROVE 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

The Willington Planning and Zoning Commission have considered the standards and factors in Sections 4 and 13 of the Willington Zoning Regulations and other applicable sections of the Regulations.  The Commissioners have utilized their own knowledge of the area and have reviewed the written comments and verbal testimony offered by the applicant, the applicant’s experts, Commission staff, the public, and state officials, and hereby finds that:

The proposed uses consist of a motor vehicle gasoline and service station, motor vehicle limited repair and services, restaurants, and retail trade, along with associated accessory uses and parking.
Public hearings were held on April 16, May 7, May 21, June 4, June 18, and July 16, 2013.
Review letters were provided by, among others, the Capitol Region Council of Governments; the Windham Region Council of Governments; Brian Murphy, Senior Fisheries Biologist, Connecticut Department of Energy and Environmental Protection Inland Fisheries Division, Habitat Conservation and Enhancement Program; the Willington Conservation Commission; the Willington Board of Selectmen, and all such letters have been considered by the Commission in reaching its decision.
The applicant provided a traffic study performed by Mark Vertucci, P.E., PTOE, of Fuss & O’Neill, Inc.
No tributary of Roaring Brook on the site drains a watershed of 200 acres or more, and therefore Section 4.23 of the Willington Zoning Regulations is not applicable to this application.
The property is proposed to be serviced by on-site wells and an on-site septic system.
The permit application will be complete provided all conditions of permit approval are adhered to.
The Commission finds that the application, as modified and conditioned in this Motion, complies with the applicable criteria of its Regulations.

Therefore, the Commission approves, subject to the conditions and modifications , the Special Permit application of Love’s Travel Stops & Country Stores, 10601 Pennsylvania North, Oklahoma City, OK, 73126 as presented and shown on plans entitled “Love’s Travel Stop & Country Store, 3 Polster Road, Willington, Connecticut” dated October 2011, revised to July 2, 2013, as prepared by Fuss & O’Neill, Inc., scale as noted, consisting of sheets GI-001, GI-002, VO-1, GI-101, GI-102, XC-101, CP-101, CS-101, CS-102, CR-101 through CR-110, CG-101 through CG-104, CX-101, CU-101 through CU-104, CE-101, CE-102, LP-101, LP-102, EL-101, A-101 through A-106, CE-501, CE-502, CD-501 through CD-516, additional submitted sheets, and all associated samples submitted and provided to the Commission for lighting, building materials, and fencing.  The inclusion of any sheet in the foregoing list does not deem the plan on that sheet approved if such plan is deemed not approved by the conditions below.

The conditions are set forth as follows:

GENERAL CONDITIONS

  • Plans shall be revised to include any technical revisions required by the Commission, its staff, its counsel, or its engineer.
  • All modifications to the plans shall be subject to approval by the Commission
  • A copy of all state and local permits shall be submitted to the Commission within 30 days of granting
  • Recommendations of the Connecticut Department of Transportation shall be incorporated into the final design.
  • Title block shall be revised to include “Special Permit/Final Site Development Plan”
  • PZC and IWWC motions of approval shall be added to the plans.
  • A complete site as-built plan, depicting all improvements including but not limited to septic, drainage structures, and utilities, shall be submitted prior to issuance of a Certificate of Occupancy; future changes to the site will require the submission of additional as-builts reflecting those changes.
  • The form and terms of all performance bonds required by these conditions shall be subject to approval by the Commission.
  • Review of all plans submitted according to these conditions and modifications to the Plan shall be considered components of this Special Permit application and Site Development Plan review and shall be governed by all relevant provisions of the zoning regulations, and shall be subject to the level of discretion accorded under such provisions.
  • The Commission may, at its sole discretion, delegate to Commission staff, the Land Use Attorney, the Land Use Engineer, and/or Commission consultants the ability to approve any submission by the applicant made to fulfill these conditions of approval.
  • The Commission recognizes that it has the option of modifying or conditioning the Application in order to address deficiencies, and the Commission concludes that all deficiencies can be remedied by conditions and modifications based on the information and arguments now contained in the record, and that such conditions and modifications do not substantively alter the Application to the extent that any parties are deprived of their rights to be heard.  These conditions and modifications are drawn directly from the testimony and evidence received during the public hearing and are intended to be responsive to them.  These conditions and modifications are integral to this approval and not severable from it; but for these conditions and modifications, the Commission would have denied the Application without prejudice so that an acceptable plan could be designed and submitted.
UNAPPROVED PLANS & REQUIRED RECTIFICATION

  • The submitted signage plan is not approved; subject to approval by the Commission, the applicant shall submit a complete signage plan, depicting with specificity, in addition to the information on the currently submitted plan, the dimensions for 1) all additional signs required by these conditions and 2) all signs bearing any corporate logo or symbol of Love’s Travel Stops & Country Stores, Subway, or any other tenant or occupant of any building on the property.  Such signage plan shall also provide for small signs noting that idling is prohibited, in order to protect the environment and prevent wear and tear on truck engines.
  • The submitted landscaping plan is not approved; subject to approval by the Commission, the applicant shall submit a complete landscaping plan incorporating plantings that meet Sections 4.14, 13.06.04, and 13.05.13 of the Willington Zoning Regulations.  This landscaping plan shall include all landscaping for the area within the highway limits, and any landscaping in that area shall not conflict with the requirements of State of Connecticut authorities.  This landscaping plan will incorporate signature boulders and will indicate that all stone walls removed during construction, demolition, or regrading on the site shall be salvaged and incorporated into the landscaping plan.
  • The submitted lighting plan is not approved; subject to approval by the Commission, the applicant shall submit a complete lighting plan describing
  • Locations of all site lighting
  • Locations of all building lighting
  • Specification sheets and/or detail sheets for all light fixtures, which shall be full-cutoff lights.
ADDITIONAL REQUIRED PLANS

  • All plans required by this subsection shall be subject to approval by the Commission pursuant to Conditions 8, 9, and 10 of this Approval and shall include, in addition to the terms required below, provisions for performance bonding of the work described by those plans
  • The applicant shall submit a complete litter control plan; the bond for this plan shall be annually renewable and may be adjusted up or down based on experience with implementation of the litter control plan;
  • The applicant shall submit a complete snow control and removal plan that excludes the use of sodium chloride and describes:
  • Chemical application rates
  • Method of chemical application
  • Storage of materials
  • Area of snow stockpile
  • All assistance provided to the Town by the applicant in controlling snow around the property.
  • Interior sidewalks shall be kept free of snow and ice and otherwise maintained.
  • The applicant shall submit a complete landscaping maintenance plan to ensure:
  • the planting of all plants depicted on the landscaping plan submitted pursuant to Condition 13 of this Approval
  • the annual inspection of all plantings
  • the replacement of any plants that do not survive for two full calendar years following issuance of a Certificate of Occupancy
  • the maintenance of all plantings integral to the drainage system
  • The applicant shall submit a complete water quality monitoring plan, in accordance with the water quality monitoring plan required by the Willington Inland Wetlands and Watercourses Commission and the recommendations made by Brian Murphy, Senior Fisheries Biologist, Connecticut Department of Energy and Environmental Protection in his letter to the Commission dated June 28, 2013.
  • The applicant shall supplement the erosion and sedimentation control plan with a more detailed plan completely conforming to the most recent edition of the “Connecticut Guidelines for Soil Erosion and Sediment Control” (DEP Bulletin 34) and also incorporating the recommendations of Brian Murphy, Senior Fisheries Biologist, Connecticut Department of Energy and Environmental Protection in his letter to the Commission dated June 28, 2013; the entirety of the erosion and sedimentation control plan as supplemented shall be subject to the approval and bonding requirements of Condition 15 of this Approval.
  • The applicant shall submit a roadway maintenance plan detailing the extent of their maintenance of the roadway between the I-84 interchange and the northerly end of the site, including
  • In coordination with the Willington Department of Public Works, the applicant shall perform extra plowing especially at the turns (the three access drives and surrounding roadway) and sanding in those areas.
  • In coordination with the Willington Department of Public Works, the applicant shall perform road bed maintenance where it is damaged by trucks using the facility, including damage from both truck weight and the volume of truck traffic.
  • Maintenance of pavement markings, to be renewed every five (5) years
  • Maintenance of directional signs indicated in the applicant's traffic study, and as required in this Motion.
  • Snow control and removal to the extent not addressed in the snow control and removal plan in Condition 17 of this Approval
ADDITIONAL REQUIRED SUBMISSIONS

  • Prior to construction, demolition, or regrading on the site, the applicant shall submit a complete sightline maintenance plan, indicating:
  • the positions and dimensions of all areas where maintenance of sightlines will be necessary.
  • the plan for maintaining sightlines.
  • that no construction, demolition, or regrading on the property will be conducted until the sightlines described therein have been established.
  • As offered by the applicant and pursuant to Section 12.04 of the Willington Zoning Regulations, all land outside the construction limit lines shall be preserved as open space in the form of a conservation easement, the terms of which shall be subject to approval by the Commission.
  • Prior to the start of any construction, demolition, or regrading on the site, the applicant shall submit to the Town all necessary conveyances and easements to allow for the proposed widening of Polster Road; the terms of such conveyances and easements shall be subject to approval by the Commission's attorney.
  • Prior to the start of any construction, demolition, or regrading on the site, the applicant shall obtain a General Permit for the Discharge of Stormwater and Dewatering Wastewaters Associated with Construction Activities from the Connecticut Department of Energy and Environmental Protection and submit to the Town a copy of the permit and the required Stormwater Pollution Prevention Plan.
  • As recommended by the Land Use Engineer, Jacobson & Associates, Inc., in their letter to the Commission dated June 18, 2013, the applicant shall submit design calculations for the proposed storm drainage facilities within Polster Road for review and approval by the Land Use Engineer.
  • As recommended by the Land Use Engineer, Jacobson & Associates, Inc., in their letter to the Commission dated June 18, 2013, the applicant shall submit a standard detail for proposed guide rail end anchorages, and add such approved detail to the Plans.  The Commission elects to require the steel-backed wood guide rails depicted on Sheet CD-504.
ADDITIONAL CONDITIONS

  • The architecture of the plan shall be as submitted by the applicant, and any modification thereof shall be subject to the approval of the Commission.
  • No alcoholic beverages shall be sold or served on the premises.
  • There shall be no trailer box or dolly drop-off area.
  • The number of parking spaces shall be as follows: 53 car, 56 truck.
  • A clerk of works shall be hired by the Town, the cost of which shall be reimbursed by the applicant.
  • All pavement, curbing, fencing, walkways, guide rails, and screening shall be inspected annually and repaired as necessary to keep them in good repair.
  • All outdoor storage is prohibited.
  • All overnight parking, except by employees of the applicant or any tenant or occupant of a building on the property, is prohibited.
  • All air compressors used to power tire changing equipment or related equipment shall be located inside the “tire changing building” depicted on sheet CS-101.
  • All areas not occupied by a building as depicted on sheet CS-101, paved as depicted on sheet CS-102, covered by stone, aggregate, or gravel as depicted on sheets CG-101 and CG-102, or covered by trees or shrubs as depicted on the landscaping plan submitted pursuant to Condition 13 of this Approval shall be maintained as lawn or groundcover, not gravel, bituminous, or the like, and not as woodchips except as necessary for mulching under the landscaping maintenance plan described in Condition 18 of this Approval; maintenance of this lawn or groundcover shall be included in the maintenance plan submitted pursuant to Condition 18 of this Approval.
  • Glare-reducing glass or opaque window treatments shall be used in or on all windows and doors on the south, east, and west faces of any building.
  • Wheel stops shall be installed in all parking spots of the truck parking area, subject to approval by the Commission; parking of trucks in other than approved truck parking areas shall be prohibited.
  • The applicant shall install traffic control signs, the text, coloring, and location of which shall conform to Connecticut Department of Transportation standards and be subject to approval by the Commission, at each end of the one-way lane on the westerly side of the retail/restaurant building
  • The applicant shall install warning signs, the text, coloring, and location of which shall conform to Connecticut Department of Transportation standards and be subject to approval by the Commission, at the intersection of Mihaliak and Polster roads indicating that eastbound traffic along Route 320 does not stop.
  • The applicant shall install warning signs, the text, coloring, and location of which shall conform to Connecticut Department of Transportation standards and be subject to approval by the Commission, on Polster Road near the northerly end of the property indicating that no truck turn-around area is available beyond that point.
  • Prior to any construction, demolition, or regrading on the property, the applicant shall provide to the Commission and record on the Willington land records all necessary sightline easements, with the positions, dimensions, and terms of those easements subject to approval by the Commission.
  • No music or amplified sound shall be played outside the buildings by the applicant or by any tenant or occupant of a building on the site, with the exception of an on-site P.A. system; the volume of this on-site P.A. system shall be in accordance with applicable Town or State noise regulations.
  • Approval of the Subsurface Waste Absorption System by the Connecticut Department of Energy and Environmental Protection shall be obtained before issuance of a Certificate of Occupancy.
  • The applicant shall seek a declaratory ruling from the Connecticut Department of Public Health to determine whether a Certificate of Public Convenience and Necessity is required for the proposed development; if such Certificate is necessary, a copy of the certificate shall be provided to the Commission prior to issuance of a Certificate of Occupancy.
  • Approval of the wells supplying water to the property by the Department of Public Health shall be obtained before issuance of a Certificate of Occupancy.
  • The plans depict an outside trash receptacle, often referred to as a “dumpster,” along the westerly side of the development, with screening detailed on Sheet CD-502. The dumpster shall be confined to this area and shall be the sole location authorized.
  • All conditions of approval of this development by the Willington Inland Wetlands and Watercourses Commission are hereby incorporated by reference into this Approval, and where those conditions of approval conflict with the conditions of this Approval, the more restrictive shall apply.
  • The applicant shall designate a fenced dog rest area, with the location and fence design to be subject to the approval of the Commission.
W. Parsell seconded the motion.  A vote was held. A. Marco, T. Murphy, P. Nevers, E. Standish and W. Parsell voted to approve the application.  J. Sullivan and D. Roberts voted to deny the application.  Motion carried.

New Business

PZC2013-27 Resubdivision Plan (one new residential lot) of lot #5 map entitled “Property of Albert J. Barone Jr. Route 32 and Fisher Hill Road Willington, Conn”; dated Nov, 1980 approved June 2, 1981 for a 4.8 acres lot at 224 River Road (Map 19 Lot 22 Zone R80) Owner/Applicant: Kenneth Golden (Received September 3, 2013 Public Hearing October 1, 2013 Decision within 65 days after close of P.H.)

Public Hearing has been set for October 1, 2013.  

PZC2013-31 Application for Special Permit to open retail store selling crafts, decorations and ~gift wrapping with shipping ~at 15 River Road (Map 5 Lot 3 Zone DC) Owner: Amy Moore Applicant: Elsie Martin (Received September 17, 2013 Public Hearing by November 19, 2013 decision within 65 days after closes of P.H.)

P. Nevers would like to see a full listing of sales items in the application.

Public Hearing was set for October 1, 2013.

Minutes

Postponed to October 1, 2013.

Correspondence

No correspondence at this time.

Meeting adjourned.

Respectfully submitted,

Michele Manas
Recording Clerk