Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
March 4, 2014 7:30 PM
Meeting Minutes
Roll Call
Members Present
Andrew Marco – Chairman
Edward Standish
Walter Parsell
Kenneth Golden
Members Absent:
Doug Roberts – Vice-Chairman
John Sullivan – Secretary - excused
Also Present:
Susan Yorgensen - Zoning Agent
Attorney Mark Branse
Attorney Caleb Hamel
Regular Meeting
New Business
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(Received January 21, 2014 Public Hearing March 4, 2014 Decision within 65 days after close of P.H.) Application withdrawn February 7, 2014
The application was withdrawn on February 7, 2014.
PZC2014-6 To amend the Willington Zoning Regulation: ~(Section 11.08.04 to allow for a landscaped buffer or a fence along lots containing gasoline stations along boundaries abutting residential zones and ~Section 19.04.01 to allow for an increase in square footage of non-commercial signs ordered by a public official. ) Applicant: Willington Planning and Zoning Commission (Received February 18, 2014 Public Hearing March 18, 2014 Decision within 65 days after close of P.H.)
The Public Hearing has been set for March 18, 2014.
PZC2014-8 Request for waiver of section 13.02 of the Willington Zoning Regulation approved Special Permit #2003-25 for a hair salon at 11 Phelps Way Owner: C & S Willington LTD Partnership Applicants: ~Dawn Herdendorf and Robin Dority
Robin Dority was present; she would like to open a hair salon in the space previously occupied by Creative Concepts. The Commission looked at the diagram provided by the applicant. Ms. Dority said the diagram in the old file was not accurate and has now been updated. She said they would like to move an interior wall where the office is currently located.
Chairman Marco read section 13.02. Atty. Branse said the law states if there is a substantial change in the approved Special Permit, it triggers a new application and new Public Hearing. He said this change is not substantial and the application is not so much for a waiver but a determinant. Chairman Marco added that it is the same use, same space for different owners and asked the Commission if there was any reason to delay. E. Standish said he does not believe so.
E. Standish motioned to approve application PZC2014-8 as the proposed use is a substitution for an existing Special Permit use and conforms to the criteria of Section 13.02. W. Parsell seconded the motion. All in favor. Motion carried.
PZC2014-3 Resolution Re Travel Stops and Country Stores.
Chairman Marco said one of the conditions of approval was overnight parking and he thought overnight parking was discussed at the Public Hearing for Love’s Travel Stop but it was not; it was discussed at another Public Hearing although the commission did discuss idling of vehicles. He said, in the Draft Resolution, they defined overnight parking as the intent of the condition was to prohibit operators from setting up business in the parking lot other than the approved business.
E. Standish motioned to approve the following Resolution as written:
RESOLUTION OF THE WILLINGTON PLANNING & ZONING COMMISSION
WHEREAS, on September 17, 2013, the Willington Planning & Zoning Commission approved with conditions application PZC 2013-4 Application for Special Permit for motor vehicle fuel sales, tire repair and replacement, retail trade and two restaurants;
AND WHEREAS, Condition 35 of the aforementioned approval stated that “All overnight parking, except by employees of the applicant or any tenant or occupant of a building on the property, is prohibited”;
AND WHEREAS, such condition may be construed as placing the applicant at risk of a zoning violation if a commercial or personal vehicle is disabled;
AND WHEREAS, it was not the intent of the Commission, in imposing Condition 35 of its approval, to place the applicant at such risk;
AND WHEREAS, the Federal Motor Carrier Safety Administration regulates the hours that can be worked by drivers of commercial vehicles, hereinafter known as the hours of service regulations;
AND WHEREAS, such hours of service regulations currently require drivers to be off duty for up to ten (10) consecutive hours during which they are prohibited by federal law from driving commercial vehicles;
AND WHEREAS, such current Federal prohibition may result in motor vehicles that must remain on the site for ten (10) consecutive nighttime hours in what could be construed as a violation of Condition 35;
AND WHEREAS, such current Federal prohibition may result in motor vehicles that must remain on the site for ten (10) consecutive daytime hours, which would not, in any event, be a violation of Condition 35;
AND WHEREAS, there is no material distinction between a commercial vehicle parked on the site for ten (10) consecutive hours in the daytime and a commercial vehicle parked on the site for ten (10) consecutive hours in the nighttime, except for the language in Condition 35;
AND WHEREAS, Federal regulations may be changed or amended in the future to require off-duty periods longer than ten (10) consecutive hours;
AND WHEREAS, it was not the intent of the Commission, in imposing Condition 35 of its approval, to place drivers at risk of violating federal hours of service regulations;
AND WHEREAS, it was not the intent of the Commission, in imposing Condition 35 of its approval, to place the applicant at risk of a zoning violation in the event that vehicles are prohibited from travel upon the roads and highways by a natural disaster or other state of emergency;
AND WHEREAS, the property owner maintains daily logs of the commercial vehicles parked on its property;
WHEREFORE, the Commission hereby resolves that:
- It shall not be a violation of Condition 35 for a commercial vehicle, as used in the hours of service regulations of the Federal Motor Carrier Safety Administration or any successor or comparable State or Federal regulations, to be parked on the site for ten (10) consecutive hours or the minimum off-duty time within a 24-hour period mandated by such regulations, whichever is greater, regardless of whether such period partially or wholly takes place between sunset and sunrise;
- It shall not be a violation of Condition 35 for a disabled vehicle, whether commercial or personal, to be parked on the site between sunset and sunrise, provided the owner or operator of such vehicle is making reasonable efforts to repair the vehicle or remove the vehicle from the premises;
- It shall not be a violation of Condition 35 for a commercial or personal vehicle to be parked on the site during a closing of highways or other emergency order issued by appropriate Federal or State of Connecticut officials, provided the owner or operator of said vehicle makes reasonable efforts to remove the vehicle from the site following the reopening of the highways or other rescission of the emergency order;
- To assist in the enforcement of this resolution, the owner of the property shall make available to Town officials their logs referenced above upon request;
- This resolution is intended to clarify the original intent of Condition 35, and does not constitute a substantive change in such Condition;
- A copy of this resolution shall be filed on the land records of the Town of Willington by the applicant.
K. Golden seconded the motion. Atty. Branse said he drafted the original resolution with Susan and was not aware of the Federal Regulations when the original motion for Love’s Travel Stop was drafted. The idea is that the parking lot cannot be a campground but the circumstances of a driver having a flat tire or engine failure and having to stay overnight was not taken into consideration when the original motion was drafted. A vote was held. All Commission members in favor. Motion carried.
PZC2014-7 Request for review and approval pursuant to CGS 8-24 for the renovation and improvement to the Old Town Hall
S. Yorgensen said the improvements to the Old Town Hall include a ramp, changing of the parking spaces, bathrooms will be improved and handicap accessible and the basement will have a concrete floor to reduce humidity. A discussion was held on 8-24. Atty. Branse said the Commission has to find the improvements within the Plan of Conservation and Development.
E. Standish motioned to approve PZC2014-7 per CGS 8-24; it is in compliance with the PoCD. W. Parsell seconded the motion. A. Marco added that the Commission will draft a letter to the Board of Selectmen. A vote was held. All in favor. Motion carried.
Minutes
E. Standish motioned to approve the minutes of February 4, 2014. K. Golden seconded the motion. All in favor. Motion carried.
Correspondence
- Bridge Inspection Report for Polster Bridge
- Copy of a Cease and Desist Order issued for 162 Village Hill Road
- Willington Budget Calendar
- Letter from State of CT Dept. of Transportation to the First Selectman regarding the Willington Repair Facility Tank Replacement
- Letter from Gardner & Peterson Associates regarding the extension requested by Stephan Lackman to sign the mylars
- Copy of a Cease and Desist Order for 1699 Boston Turnpike
- Notice of Violation to HA Hospitality Group regarding a family residence in a Designed Commercial Zone
- Not of Violation to Royce Properties regarding a family residence in a Designed Commercial Zone
Staff Report
Discussion was held on the repair work to be done on Polster Road Bridge.
Meeting adjourned at 8:16.
Respectfully Submitted,
Michele Manas
Michele Manas
Recording Clerk
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