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Board of Selectmen Minutes 09/25/2012

Board of Selectmen
Jointly with
Willington Economic Development Commission
&
Planning & Zoning Commission

Special Meeting                                                                                 September 25, 2012
Lower Level Conference Room                                                     6:00 P.M.

Members Present:
Board of Selectmen:                                             Economic Development Commission:
First Selectman Mailhos                                 Kim Kowalyshyn, EDC Chairman
Selectman Littell                                               Tom Treiber
Selectman Blessington                                           Tom Buccino
                                                                Jackie Silverstein
Planning & Zoning Commission:
Andrew Marco, Chairman
Walter Parsell (member of EDC as well)

First Selectman Mailhos called the meeting to order with the Selectman Littell & Blessington, Commission members and residents. She then stated that we held a joint meeting  a few years ago and since then we have added some new members on the boards and asked everyone to go around the room and introduce themselves.  She added that the Board of Selectmen made a goal a few years back to have Willington become more business friendly.  At that time, we didn’t define what that meant.  

Discussion:  Expectations of each Board

First Selectman Mailhos stated that she felt it would be a good idea to talk about each board’s roles and what can be done to help bring more business into Town.  Chairman Marco clarified that the Planning and Zoning Commission must remain neutral. P&Z must also be sure that the applications that come comply with  Town regulations. First Selectman Mailhos stated that the Economic Development Commission’s charge is to help Businesses who want to come into town.  She added that that it would behoove us to have some development in Town to build our tax base and promote responsible growth.  Chairman Marco clarified that P&Z’s role is to determine whether a new business will meet the required regulations for Planning and Zoning and added that it is not a judgmental decision.  First Selectman Mailhos added that if they are in favor of a business, they cannot be lenient and bend the rules for that business.  Chairman Marco stated the business has to be in the right zone, not on the prohibited list and meet requirements of the Fire Marshall as well as other regulations such as Inland Wetlands and the Health District.   He added that one of the things that makes Willington different is that we require special permits for business.  Special permits also require public hearings, which is also unusual; as many other surrounding towns do not require that. Chairman Kowaylshyn asked why it is a requirement.  Chairman Marco stated he is not sure, nor does he have the  history; but believes that the commission at the time wanted to be transparent  and wanted to make sure the public had the information and the town is surrounded by residential properties.  

Ralph Tulis said that a big difference is that we generally do not have zones established on the ground; rather it is called a floating zone.  He added that changing a zone is difficult, but denying a special permit is even more difficult and most of the town is deemed as residential zones (R-80) unless otherwise established from the 1970’s.  He added that a zone change is also a difficult thing to establish and added that the courts will not challenge the town’s judgement on a DC (Designed Commercial) zone what zone is appropriate for a parcel. On a special permit, however and a business comes in to a DC zone and is denied, it could go to court.

Chariman Marco clarified that the way special permits are designed with the pubic hearing gives the public an opportunity to speak on whatever the subject, however the discussion is usually not on regulatory issues and is not what the P&Z Commission is voting on.  He added that it probably makes P&Z seem cold hearted and not understanding, but that is not what they are voting on.  

Tom Trieber asked how long the process takes for a business to come in?  Chairman Marco clarified that there are certain aspects to look at , traffic, parking, sewer, etc.  If there isn’t a change of use, it is mostly just paperwork.  

He gave an example of a home based business of a CPA that processes work that comes in via mail – that application would be simple, as it falls in the regulations and is processed by the Zoning Agent.  He then gave an example of someone wanting to open an barber shop on their property, and added that that particular application would have to first be approved by the Health Department, and P&Z cannot approve without approval from EHHD.  He then clarified that there are also certain business that need to get approval from IWWC as well.  

Chairman Marco stated that the biggest complaints usually come from the sign regulations.  He added that most of those complaints are those at Phelps’ Plaza.  He clarified that the plaza is classified as a unified shopping district.  It has its own set of regulations within itself.   He stated that the biggest challenge is that the applicants for the business are not the land owner – the regulations pertain to the owners, not the tenants.  Chairman Marco then stated that P&Z has been trying to work with the principles of Phelps Plaza to come up with a new sign plan.  He added that they are working from the Plan of Conservation and Development to address the regulations.

Chairman Marco stated that his personal opinion of that area is that the sign plan didn’t contemplate that they are trying to attract the drivers on Route 74. He also referenced previous minutes discussing that we haven’t kept up with technology, we have different types of lighting and materials that was not contemplated, nor was it contemplated that bigger chains would have regulations (trademarks) for their signs.  Chairman Kowalyshyn had questioned the Zumba sign at the plaza and asked if it is legal the way it is displayed. Chairman Marco stated that it is legal, because of the way the Commission has worked with the owner of the plaza.   He added that P&Z has a sub-committee to work on sign regulations, because of the amount of time they spend with business owners and if it is that confusing, the regulations should be tuned-up.  He then added that if the bigger chains really want to be here, they will work with us to meet our regulations.  He added that we need a partnership with the business owners.  Chairman Kowalshyn asked if there is something EDC can do to help.  Chairman Marco stated that it is not appropriate for P&Z to reach-out and guide anyone, nor can they show favoritism.

Chairman Marco stated that businesses are encouraged to attend pre-application meetings. He added that it is noted in the regulations and it is intended to help the application process go more smoothly.  The pre-application meetings are warned on P&Z agendas but no minutes are published. He added that the applicants are guided as they go along at the meetings. He then gave an example that the vet clinic attended many pre application meetings and the process went very smooth.

Selectman Blessington asked if applicants are told that up front?  Chairman Marco stated based on the number of meetings that are scheduled, they are being informed somehow.  

Chairman Kowalyshyn stated EDC has had a few meet and greets with businesses.  The general consensus of the businesses is that they just do not like it here.  She added that several business feel that it is too complicated and some business owners feel as if they get their heads chopped off or find it difficult when they visit the office.   Walter Parsell asked if most of the difficulty is over signs.   Chairman Kowalyshyn said sometimes it is a conflict of personalities and they just want to make it better.   First Selectman Mailhos asked if there are any complaints that things taking too long – we are down a staff person.  Selectman Blessington stated that there is also a 65 days waiting period between the close of the public hearing and it always seems to take the 65 days to make the decision.  He gave an example of a business that decided to open up in Mansfield, simply because they heard of that.  Chairman Kowalyshyn said there must be something we can do as a group.   Don Berg stated that the general consensus is that regulations are regulations no matter what Town they are in.  He then suggested having EDC to help re-do the sign regulations.  Chairman Marco stated that they hold workshops before each meeting and sometimes they discuss signs. P&Z was hopeful that someone from EDC would come to the meetings to discuss.  He added that it is his opinion that the sign regulations are outdated.  

Chairman Marco then said that they hold public hearings on every business application and he has never seen anyone in support of those businesses. He stated that there was a public hearing for a regulation change a few weeks ago, and not one person at that meeting was for the change.  First Selectman Mailhos noted that it doesn’t always matter what the public comments are (pro or con) because they are still voting on the regulations; comments should not sway.

Chairman Kowalyshyn said if the business see that the EDC is working with P&Z to work on the sign regulations, it might stop the negativity.  Walt Parsell stated it is not enjoyable to hear the negativity.  Chairman Marco stated that he personally thinks since P&Z has been holding pre-application meetings, they are getting a better response.  

Chairman Marco stated that Willington has 4 economic zones but there are a bunch of home based business out there.  Chairman Kowalyshyn stated that the business directory will be out soon.  Chairman Marco stated because there are so few commercial zones it seems more difficult to do business process; and for those who want to move into an existing area and those areas have constrictions.  He added that P&Z wants a complete application – one that they can vote on to approve.  They can add conditions to an application but sometimes if there are many conditions added, it might be in the best interest to deny the application.  

Robert Shabot stated that the people who come into town looking for a place to start a business are looking for something that is zoned commercial and the Town should not give up the commercial zoning simply to attract development, because you don’t always get the type of style that would fit into the character of the Town – once it is there, it stays there. Selectman Blessington added that we may have to be flexible in what we accept in town.  Mr. Shabot then stated that the Dunkin Donuts in Tolland does not display the regular brown and orange sign.   Walter Parsell gave an example of the Wal-Mart in Saybrook, and you would never know by looking at the building, because it was designed to fit into the character of the neighborhood.

First Selectman Mailhos stated that she would like to discuss staffing in the Land Use Department.  Due to budget cuts, it was decided a few years back to not fill the zoning agent position.  The plan was to fill the position if activity increased and the work load became overwhelming for the workers in that department. She added that perhaps the position could be combined with an EDC position to help new business owners. She stated that the idea about not being unfriendly to business isn’t just about hearing the word no – it is more about getting help with navigating through the process. Tom Buccino agreed and stated that often times the processes fail, simply because of the communication failure.  If someone were in the office to help and communicate with the potential business clients, that would go a long way.  

Tom Treiber asked if there was a way that EDC could create a guide map for a potential new business owner,; something to help them understand the process of opening g a business in town.  

Selectman Blessington stated if we fill the zoning agent’s position, he would like to see someone who is friendly and willing to help those who come in to the office.  Chairman Marco stated that we could do something to change the office and asked if the Board of Selectmen would be able to offer employees the opportunity to attend a customer service seminar.    Don Berg stated he would like to have the Building Inspector’s hours increased.  

First Selectman Mailhos stated many years ago we had been steadily growing our tax base and grand list, but recently it all came to a halt and our grand list has not grown at all and while that hasn’t grown, our expenses have. We have been able to keep our levels of service without raising taxes.  She then added that we have chipped away at most of our services, by decreasing hours and less amounts of roads we chip seal.    It would be nice to build it up again and perhaps we could afford to do more, like offer the customer service training.  

Discussion was held on how EDC can help the potential new business come to town.  Chairman Marco suggested submitting a mock application.  Ralph Tulis stated they should follow the prospective business that is looking to come in on Route 74 and 32.  Robert Shabot suggested that EDC members attend the P&Z, IWWC meetings as well as other meetings in Town.  

Discussion was then held on the Public Hearings in Town and how they are generally negative.  Chairman Marco stated that many times, it is only the people who are against it are the ones who show up. Chairman Kowalyshyn stated that her perception of Public Hearings is for when people do not want something.  Mr. Tulis added that it is more of an opportunity for the commission to benefit as they sometimes receive additional information that the applicant may not be aware of, but the neighborhood residents do. Chairman Marco agreed, and reflected on the Public Hearing for the Senior Center, where the drainage issue was uncovered and fixed properly.  He added that we should not be speaking negatively about any Town department – because it will give the public a perception that everyone is unfriendly.  

Selectman Littell asked Chairman Marco if the sub committees are looking at changing anything other than the sign regulations.  Chairman Marco stated that they are looking at the subdivision regulations.   Selectman Littell stated the reason he asked is because he has read them and they are confusing and hard to follow. He added as things change and as we grow as a town, the regulations should grow as well.  Chairman Marco agreed that they are complex,  but it is not just the P&Z commission who says that we need to change things – these things the townspeople want and that is what P&Z is reacting to.  He then noted that the POCD states that the maximum number of homes the Town can sustain is 5,000.  Waterways and water sheds also come into focus, and that is larger than the Town itself and P&Z must abide by that. Selectman Littell then gave an example of the upward lighting regulation.  There is a light on the flag on the Town Green which shines into the neighbor’s window. The neighbor would like to have something done about it, but because nobody wants to challenge the regulation, we won’t change it.  Chairman Marco stated that they recently had a discussion about lighting and there are less expensive lights that and will challenge the statement; are you asking for a regulation change or is it an expense issue?  Selectman Littell stated we don’t want to take on the fight and he used that as an example as to why aren’t we looking at all of the regulations to make sure they still fit.  

First Selectman Mailhos thanked everyone for coming to the meeting and stated that it was very productive.  We all have something to work on:

  • EDC members will attend the P&Z workshops to help work on the sign regulations
  • P&Z will help EDC with the new business application process by providing clarification.
  • BOS will look into staffing the Land Use office and customer service training in the future.
The meeting was adjourned at 8:00 P.M.

Respectfully submitted,

Robin Campbell

Robin Campbell
Administrative Assistant