Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
February 4, 2014 7:30 PM
Meeting Minutes
Roll Call
Members Present
Andrew Marco – Chairman
Doug Roberts – Vice-Chairman
Edward Standish
Walter Parsell
Kenneth Golden
Members Absent:
John Sullivan – Secretary - excused
Also Present:
Susan Yorgensen - Zoning Agent
Attorney Caleb Hamel
Regular Meeting
New Business
Election of Officers.
E. Standish nominated A. Marco for Chairman. D. Roberts seconded the nomination. All in favor. Nomination carried.
W. Parsell nominated D. Roberts for Vice-Chairman. K. Golden seconded the nomination. All in favor. Nomination carried.
E. Standish nomination J. Sullivan for Secretary. W. Parsell seconded the nomination. All in favor. Nomination carried.
PZC2014-2 Amend Zoning Regulations to add Section 5.02.01.02.20-Special Uses (Keeping of pleasure horses, including a building to house, exercise and train.) Applicant: Earl & Michele Bancroft (Received January 21, 2014 Public Hearing March 4, 2014 Decision within 65 days after close of P.H.)
The Public Hearing has been set for March 4, 2014.
PZC2014-4 Application to amend Special Permit PZC2013-31 approved on October 1, 2013 to move retail business from Unit #2 to Unit #4 and to add craft class for up to 5 people and kids craft parties.15 River Road Unit #4 (Map 5 Lot 3 Zone DC) Owner: Amy Moore Applicant: Elsie Martin Received February 4, 2014 Public Hearing or decision by April 1, 2014
Elsie Martin was present an said she would like to move to a larger unit to hold classes which may include stained glass, macramé, knitting, and jewelry making. She said she would also like to hold kids craft parties. A. Marco asked if there are regulations regarding children’s parties and S. Yorgensen said no.
A discussion was held and the Commission agreed the application is a minor modification.
E. Standish motioned to approve application PZC2014-4 under the same conditions as the original approval. W. Parsell seconded the motion. All in favor. Motion carried.
PZC2013-15 Stephan Lackman of 55 Blair Road request for an additional ninety day extensions to file mylars for 1 lot subdivision at 55 Blair Road.
S. Yorgensen said this is the last extension the applicant can request.
E. Standish motioned to approve the request for an additional ninety day extension to file mylars. D. Roberts seconded the motion. All in favor. Motion carried.
PZC2014-3 Discussion and clarification of the certain conditions of approval for Love’s Travel Stops and Country Stores.
Attorney Leonard Jacobs, Tom Galiotta of Fuss & O’Neill, and Rick Sheffield of Love’s Travel Stops were all present.
Atty. Jacobs said he sent a letter identifying matters they would like to discuss on the project that was approved last September.
The first item they would like clarification on is the Clerk of the Works. Atty. Jacobs asked if the Commission has appointed someone and said they are assuming the Clerk of the Works would not be on the job every day of the week. A. Marco said historically they always use the Land Use Engineer. S. Yorgensen said, during the pre-construction meeting, everyone sits down and works out the details. She said the pre-construction meeting includes the Clerk of the Works, the Contractor, the applicant’s Engineer and everyone else involved. S. Yorgensen said she normally would set up the meeting.
K. Golden asked the applicant as to why they would not want the Clerk of the Works on the site all the time and Atty. Jacob said they would want the Clerk of the Works there when major activity is going on.
Rick Sheffield said they are already obligated to have engineers on site and said he has financial concerns if someone is continuously on the site for 9 to 12 months. He said he has no problem with someone coming out to verifying the work and determining it’s a critical path they would like to observe. Further discussion was held and Atty. Jacobs said they agree the Clerk of the Works should be there when there is critical activity going on. A. Marco said they are also in agreement but the details would be decided at the pre-construction meeting.
Atty. Jacobs said the second condition they would like clarification on is the prohibiting of all outside storage. Tom Galiotta presented the tire facility on Plan A103. He said it is located in the southwest area of the truck parking area and is 64 feet long and 21 feet wide. He said there is an attached roof structure with a wall down 1/3 of the building designed similar to a carport. He said the trucks back into the carport area and the tires are changed. Mr. Sheffield said the new tires are stored inside and the old tires are stored in a fenced area with a roof covering it. S. Yorgensen said she does not see an issue.
W. Parsell said he is concerned about the use of air guns and the noise. Mr. Galiotta further presented the structure where the work would be done and a discussion was held. Mr. Sheffield said they may do 4 or 5 tire changes a day. The consensus of the Commission was that this was not an issue and in accordance with the regulations.
The third condition discussed was overnight parking. Mr. Sheffield said they have a minimal amount of parking on the facility and, from their standpoint, do not have a facility for long term parking. He said they have Federal Regulations they have to follow and the condition of no overnight parking may cause a problem. Mr. Sheffield explained, based on the regulations, drivers can work 14 hour days and drive 11 hours but once they hit the threshold, they have to be down for 10 hours. He expressed his concern on adhering to the condition but also staying within the Federal Regulations.
Atty. Caleb said one way to look at the requirement was that there would not be multiple overnight parkings. Chairman Marco said he thought it may have been stated at the Public Hearing that the applicant would not have any overnight parking. The Commission was concerned about trucks idling for a long period of time and also the fact that they do not have any overnight facilities on site to accommodate the truckers. Atty. Jacob said he did not believe that overnight parking was addressed during the Public Hearing but they are only asking for overnight parking in accordance with Federal Law. Mr. Sheffield said this is the first instance in 312 locations where overnight parking is not allowed.
D. Roberts said he thought trucks were only allowed to idle overnight if an animal was in the vehicle. Mr. Sheffield said he is trying to comply with all the conditions the Commission has placed but he has concerns in regards to following Federal Regulations. Chairman Marco said they would like to check the record and review the minutes. The applicant was in agreement.
Atty. Jacobs said the next condition they would like to discuss is the fenced-in dog area. Mr. Galiotta showed the area on the plans and said it is a flat area to the back of the building. He said they typically install a chain link fence. The Commission reviewed the plans and found the area acceptable.
Atty. Jacobs’s said the next point of discussion is signage. He said S. Yorgensen has reviewed the signage. S. Yorgensen said the onsite signs meet the regulations but the offsite signs do not. A. Marco said the directional signs are very important and they meet DOT regulations so he believes they have to amend their regulations. Atty. Hamel said they recommend traffic signs conform to DOT regulations and the Commission was is in agreement. Further discussion was held on signage.
S. Yorgensen said they will have to hold a Public Hearing for the regulation change.
A discussion was held on regulation 11.08.04 regarding wooden fences which requires fencing along residential property. S. Yorgensen said she has concerns about putting a fence across Roaring Brook and within the Conservation easement area. Further discussion was held. S. Yorgensen said this will have to go to Public Hearing for a regulation change as well.
Minutes
E. Standish motioned to approve the minutes of October 15, 2013. W. Parsell Seconded the motion. K. Golden abstained. All others in favor. Motion Carried.
Respectfully Submitted,
Michele Manas
Recording Clerk
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