Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
May 5, 2015 7:30 PM
Meeting Minutes
Roll Call
Members Present
Andrew Marco – Chairman
Doug Roberts – Vice-Chairman
John Sullivan – Secretary
Edward Standish
Walter Parsell
Phil Nevers
Kenneth Golden
Nicole Martin - alternate
Members Absent:
Also Present:
Susan Yorgensen – Planner/Zoning Agent
Public Hearing
D. Roberts called the Public Hearing to order at 7:30. N. Martin was seated for A. Marco.
PZC2015-10 Amend Zoning Regulation Section 5.02.01.02 to add Section 5.02.01.01.20 ~~Keeping of pleasure horse(s), including a building to house, exercise and train the pleasure horse(s). Notwithstanding the provisions ~of Section 7.01.03 and Table 7.1 of these regulations, on a parcel containing at least four (4) acres in accordance with Section 4.04.01 of these regulations, the Commission may grant a special permit for an accessory indoor equestrian riding building and outdoor equestrian riding area not open to the general public, for the exclusive personal use of the occupants of the property, their family and friends, who must not be required or allowed to pay any fee, provided that the size of the accessory indoor equestrian riding building does not exceed the gross area of the existing dwelling on the property by three hundred
percent (300%). Applicant: Earl O. and Michele A. Bancroft (Received March 3, 2015 Public Hearing May 5, 2015 Decision within 65 days after close of P.H.)
Attorney Len Jacobs was present for the applicant. He explained the application and said it is for personal use; does not include business, does not include revenue and is to benefit his client alone. He added that it would not infringe upon or be harmful to neighbors. Atty. Jacobs said they did go before ZBA to try and accomplish it through hardship but ZBA felt the application was not a hardship and they should go before PZC.
Atty. Jacobs said they want to modify 5.02.01.02 and said it would be a proposed use that requires a special permit. He said the applicant would like to house and train pleasure horses and would like a building where they can ride inside and outside. He said riding would be limited to family and friends. He said this generally would have been allowed as an accessory use if the site was 4 acres. A discussion was held on enforcement of the special permit. Atty. Jacobs said he would think neighbors would notify the Commission if they felt the activity was not in compliance.
Earl Bancroft addressed the commission; he said they have been before them in the past and added that riding is a passion of theirs. He said they have been involved in agriculture all their lives and when they bought the parcel, they thought it could be a farm. They later found out it could not as it does not have 5 dry acres. He said they are asking for an 8,000 sq. foot building which would include stalls, hopefully 4, and storage with 60’ x 100’ to ride in.
Mr. Bancroft present plans. He said the building is on the small size but a good size for their property and it would give them the opportunity to exercise the horses. He said it is a pole type building with an agricultural metal side. Mr. Bancroft said the roofing material would be asphalt or metal. The commission reviewed the plans.
P. Nevers asked the amount of horses and Mr. Brancroft said they have had 3 horses on the property and hope to have up to 5. W. Parsell asked Mr. Bancroft to define “friends” and Mr. Bancroft said one example is his daughter gets off the bus with a friend and they both ride. A discussion was held. Atty. Jacobs said they could set a number and E. Standish added, max occupancy. Mr. Bancroft said they could not have more than 2 horses actively moving and 1 more horse stationary in the center.
D. Roberts said there are concerns about the property if the current owner sells and Atty. Jacobs said the applicant would have to be willing to take the building down and a condition could be put on the permit, Mr. Bancroft agreed.
Chairman Marco arrived at 7:55.
David Mordasky, a veterinarian at 21 Buckley Highway in Stafford, expressed his support of the application. He said horses need to exercise all year round to stay healthy and athletic horses need a nice athletic barn. He said, in regards to kids and their activities, he is in favor of this environment and this type of facility.
Ralph Tulis said he is in favor of agricultural use and supports the application from that perspective but expressed his concerns on the wording of the building not exceeding 300% the size of the dwelling. Mr. Tulis said that the added section should be numbered 5.02.01.02.20, not 5.02.01.01.20. A discussion was had regarding the clerical error. The application has the correct number written although the letter and agenda do not.
Mr. Tulis asked if this could not be construed to mean the combined area of both the indoor and outdoor areas not exceed the 300%. He asked if 299% (or less) or 301% (or more) be ok. He suggested that it might be better to say “does not exceed the gross area of the existing dwelling on the property by no more than three hundred percent (300%). He said he believed that that would mean that anything up to 300% was okay and anything over 300% would not be allowed. He said that given that the proposed language says “does not EXCEED the gross area” it would mean if the gross area of the existing dwelling were 1,800 square feet, then the arena could total 7, 200 square feet, which would be 4 times the area of the dwelling not 3 times. A discussion was held on the size of the building. Mr. Bancroft said he would like a barn 3
times the size of his house.
He said that the applicant should check additional current animal requirements. He also asked the applicant to consider using pressure treated wood and questioned if it is possible to put a deed restriction on the property. He said he is concerned on the subsequent property owner and the use of the property.
A discussion was held on section 5.02.01.01.20. A discussion was held on placing a restriction on the use of the property. Atty. Jacobs said he believes you can place a restriction if the property is not used as promised and according to the special permit. Mr. Bancroft said he has concerns on how the bank would see a deed restriction but would agree to it.
A discussion was held on keeping the public hearing open. D. Roberts said they still have the question of whether or not they can place a restriction on the property use. A discussion was held on the information submitted prior to tonight’s public hearing. S. Yorgensen said she is going to enter the previous minutes including the minutes of the previous hearing into the record. The applicants had no objection to the hearing being closed.
E. Standish motioned to close the public hearing. W. Parsell seconded the motion. All in favor. Motion carried.
PZC2015-12 Application for Special Permit to open Personal Fitness Center with massage and retail sales at 15 River Road (Map 5 Lot 3 Zone DC) Owner/Applicant: Any Moore & Alyssa Noller (Received March 17, 2015 Public Hearing May 5, 2015 decision within 65 days after close of P.H.)
Alyssa Noller was present. She said she was a personal trainer for 15 years in NYC. She would like to open a fitness center at 15 River Road and added that her sister in law would like to do occasional massages on the premises. A. Marco said a letter of approval was received from the sanitarian, Jody Schmidt. The applicant said she would have 2 to 8 clients per day but would not exceed the maximum of 8 clients. Ms. Noller said the hours would be 5 or 6 AM to 7 PM.
E. Standish motioned to close the public hearing. J. Sullivan seconded the motion. All in favor. Motion carried.
Regular Meeting
PZC2015-15 Request for boundary Line Adjustment (subdivision determination) at 350 Ruby Road and 328 Ruby Road Owners: FedEx Ground Package Systems, Inc. and Ruby Associates General Partnership (Received April 7, 2015 Public Hearing or decision by June 2, 2015)
This application was tabled.
PZC2015-16 Requesting Modification to Preliminary Site Development and Land Use Concept Plan Adjustment at 350 Ruby Road and 328 Ruby Road Owners: FedEx Ground Package Systems, Inc. and Ruby Associates General Partnership (Received April 7, 2015 Public Hearing June 2, 2015 decision within 65 days after close of P.H.)
The public hearing June 2, 2015.
PZC2015-17 Application for Modification to existing approved special permit and site plan at 350 Ruby Road and 328 Ruby Road Owners: FedEx Ground Package Systems, Inc and Ruby Associates General Partnership (Received April 7, 2015 Public Hearing June 2, 2015 decision within 65 days after close of P.H.)
The public hearing June 2, 2015.
PZC2015-18 Application for sign and lighting at 327 Ruby Road (Map 45 Lot 45 Zone DC) Owner: TA Properties Trust Applicant: CT Sign Service (Received April 7, 2015 Public Hearing or Decision by June 2, 2015)
Wendy Chittenden was present for the applicant. A discussion was held on the lighting. Ms. Chittenden said the sign is interior lit now and the new sign would have eyebrow lighting. A discussion was held. S. Yorgensen said the lighting does not fit with the current regulations and would have to be modified. E. Standish said they commission wants dark sky compliant lighting. The consensus of the Commission was that the sign on the front was the same size and square footage as the one it was to replace as was the one at the rear so those were not an issue. The lighting as proposed would not be approved.
PZC2015-22 Request for revision to lot line (subdivision determination) at property located on River Road (next to 48 River Road) (Map 10 Lot 21A Zone R80) Owner: Willington River Corporation (Received May 5, 2015 Public Hearing or decision by June 16, 2015)
Mark Peterson was present for the applicant and presented plans; they are proposing a revision to the lot line. He said they would like to acquire property for the buffer, not for development, from Willington River Corporation and 3.4 acres would be added to 48 River Road.
E. Standish said it seems to be a simple lot line revision. A discussion was held on subdivisions and lot line revisions, the advice from the Attorney cautioned that if the line modification allowed for development that would not otherwise be allowed, it could be deemed a subdivision.
E. Standish motioned to approve the request as a lot line revision vs. a subdivision with the condition that the lots are merged by deed into 1 lot. J. Sullivan seconded the motion. All in favor. Motion carried.
Old Business
PZC2015-10 Amend Zoning Regulation Section 5.02.01.02 to add Section 5.02.01.01.20 ~~Keeping of pleasure horse(s), including a building to house, exercise and train the pleasure horse(s). Notwithstanding the provisions ~of Section 7.01.03 and Table 7.1 of these regulations, on a parcel containing at least four (4) acres in accordance with Section 4.04.01 of these regulations, the Commission may grant a special permit for an accessory indoor equestrian riding building and outdoor equestrian riding area not open to the general public, for the exclusive personal use of the occupants of the property, their family and friends, who must not be required or allowed to pay any fee, provided that the size of the accessory indoor equestrian riding building does not exceed the gross area of the existing dwelling on the property by three hundred
percent (300%). Applicant: Earl O. and Michele A. Bancroft (Received March 3, 2015 Public Hearing May 5, 2015 Decision within 65 days after close of P.H.)
S. Yorgensen said the commission would have to table the application to look at information previously submitted and A. Marco will have to listen to the recording. S. Yorgensen will email the previous minutes and the previous hearing and associated minutes will be entered into the public hearing record.
PZC2015-12 Application for Special Permit to open Personal Fitness Center with massage and retail sales at 15 River Road (Map 5 Lot 3 Zone DC) Owner/Applicant: Any Moore & Alyssa Noller (Received March 17, 2015 Public Hearing May 5, 2015 decision within 65 days after close of P.H.)
J. Sullivan said the application is pretty straight forward.
A. Marco motioned to approve PZC2015-12. D. Roberts seconded the motion. All in favor. Motion carried.
Minutes
A. Marco motioned to approve the minutes of April 7, 2015. J. Sullivan seconded the motion. All in favor. Motion carried.
Staff Report and Discussion
S. Yorgensen informed the commission of a violation at 687 River Road. She said the attorney advised her to send a cease and desist order.
A discussion was held on Willington Oaks.
A discussion was held on the chickens roaming and roosters crowing in town.
Orders will be sent at the end of May if the violations are not remedied prior to that.
Meeting Adjourned at 9:30.
Respectfully Submitted,
Michele Manas
Recording Clerk
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