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PZC Meeting Minutes 07/15/2014
Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
July 15, 2014 7:30 PM
Meeting Minutes

Roll Call

Members Present
Andrew Marco – Chairman
Walter Parsell
Doug Roberts – Vice-Chairman
Edward Standish
Kenneth Golden

Members Absent:
John Sullivan – Secretary - excused
Phil Nevers - excused

Also Present:
Susan Yorgensen – Planner/Zoning Agent

Chairman Marco called the Public Hearing to order at 7:32.

Public Hearing

PZC2014-21 Application for Special Permit for 1 chair hair salon at 15 River Road (Map 5 Lot 3 Zone R80) Owner: AMPM Properties Applicant: Kathryn Haggan (Received July 15, 2014 Public Hearing July 15, 2014 Decision within 65 days after P.H.)

Kathryn Haggan was present and said she would like to  open a 1 chair hair salon in the space previously occupied by Gifts for All Occasions.  She said she has received approval from the Health Department.  Her services will include haircuts, color and highlights; basic hair services.  Chairman Marco asked when she would like to start in this location and Ms. Haggan said her current lease is up in December.  

Chairman Marco asked for questions or comments from the public in which there were none.

E. Standish motioned to close the Public Hearing.  W. Parsell seconded the motion.  All in favor.  

PZC2014-19 Amend Zoning Regulation 4.04.02.01 to add Except as provided in Section 5.02.01.01.02 and amend 5.02.01.01.02 to add but when this calculation is made the area of wetland and water watercourses shall not be excluded  Applicant: Earl & Michele Bancroft (Received June 17, 2014 Public Hearing July 15, 2014 Decision within 65 days after close of P.H.)

Attorney Len Jacobs and Mr. and Mrs. Bancroft were present.  Atty. Jacobs said they are suggesting a change to the regulations so his clients can construct a building to house, train and ride their horses.  He added that it will not be for a commercial activity.  Atty. Jacobs said they are currently not able to construct the building they want because the zoning regulations exclude wetland and watercourses from the land records and although the site is over 5 acres, with excluding the wetland and watercourses, it brings them under the 5 acres.  

Atty. Jacobs said the raising of horses is justified as a farming activity.  He said they did go to ZBA but ZBA found no hardship.  A discussion was held on the neighbors nearby.  Mr. Bancroft said there are 3 neighbors fairly close.   D. Roberts asked the amount of horses and Mr. Bancroft said currently 3.    

A discussion was held on the memo from Attorney Mark Branse stating he believes the wrong regulation was referenced by the applicant.  Atty. Jacobs said they are aware of the error and realize they will have to withdraw the application.  

Further discussion was held on Atty. Branse’s letter.  A. Marco said the regulation change would change every parcel in town so it cannot be taken lightly.  Mr. Bancroft said he does not believe it would affect many  parcels in town and further discussion was held.  E. Standish said he believed it would affect quite a few. A. Marco said he believes there is currently more evidence that farming activities may impact rivers and streams which in Willington’s case lead into Long Island Sound.  He also expressed his concern the applicant moving from the location after the amendment was approved.

Joe and Janet Tanguay of Potter School Road were present and expressed their concerns.  Mr. Tanguay said the proposed barn has gotten bigger over the years; originally it was 6,000 sq. feet and now it is 9,000 sq. feet.  He said their property abuts the applicants and they are concerned about their property values.  Mrs. Tanguay said the applicant already has a barn made for 2 horses but they have seen 3.  She said the riding ring is very near their property and they are concerned about when they go to sell the house or pass it down to their children. She said she believed it would affect her property value to have an almost 9,000 square foot metal building next door.

K. Golden asked the amount of square footage is taken up by the barn and house and Mr. Bancroft said it does not exceed 15%.  D. Roberts asked the height of the roof line and Mr. Bancroft said not over 20 feet.  

A discussion was held on the memo from CRCOG.  Atty. Jacobs said the earlier application filed was for a Special Permit and he felt this was the better way to handle it but received negative feedback from CRCOG.  A discussion was held on a special permit vs. amending the regulation.  Atty. Jacobs said he would talk to S. Yorgensen and Atty. Branse for their recommendation.  

Mr. Bancroft added that they could take down the existing barn and remove the outdoor riding ring if they have the indoor riding ring.

The Tanguays reiterated that their concerns are an 8,000, 9,000 or 10,000 steel building in a residential neighborhood.  

Atty. Jacobs said they withdraw the application based on Atty. Branse’s letter.  Chairman Marco said the application is withdrawn.  

Regular Meeting

Old Business

PZC2014-15 Application for Special Permit for a Martial Arts School to be located on the upper level 2200 sq ft end unit of 11 Phelps Way (Map 30 Lot 14 Zone R80) Owner: C & S Willington Limited Partnership Applicant: R & D Kempo, LLC (Received May 6, 2014 Public Hearing on June 3, 2014 P.H. continued to June 17, 2014 Decision by July 15, 2014)

E. Standish motioned to approve PZC2014-15 Application for Special Permit for a Martial Arts School to be located on the upper level 2200 sq ft end unit of 11 Phelps Way.  D. Roberts seconded the motion. All in favor.  Motion carried.

PZC2014-21 Application for Special Permit for 1 chair hair salon at 15 River Road (Map 5 Lot 3 Zone R80) Owner: AMPM Properties Applicant: Kathryn Haggan (Received July 15, 2014 Public Hearing July 15, 2014 Decision within 65 days after P.H.)

E. Standish motioned to approve PZC2014-21 Application for Special Permit for 1 chair hair salon at 15 River Road as submitted.  D. Roberts seconded the motion.  All in favor.  Motion carried.

PZC2014-19 Amend Zoning Regulation 4.04.02.01 to add Except as provided in Section 5.02.01.01.02 and amend 5.02.01.01.02 to add but when this calculation is made the area of wetland and water watercourses shall not be excluded  Applicant: Earl & Michele Bancroft (Received June 17, 2014 Public Hearing July 15, 2014 Decision within 65 days after close of P.H.)

Application was withdrawn.

Minutes

E. Standish motioned to approve the minutes of 6/17/14.  W. Parsell seconded the motion.  All in favor.

E. Standish motioned to approve the minutes of 5/20/14.  K. Golden seconded the motion.  All in favor.

Staff Report and Discussion

S. Yorgensen gave an update on the proposed Fed Ex parking lot and said ZBA approved the gasoline station location for Love’s.  

 A discussion was held on Special Permits.  

Meeting Adjourned at 9:05.

Respectfully Submitted,

Michele Manas
Recording Clerk