Planning & Zoning
Planning and Zoning
40 Old Farms Road Willington, CT 06279
February 19, 2019
7:30 PM
Meeting Minutes
Roll Call
Members Present:
Walter Parsell – Chairman
Doug Roberts – Vice-Chairman
Randy Belair
Joe Hall
Members Absent:
Andy Marco – Secretary
Joe Lucia
Donald Courtois - Alternate
Also Present:
Mike D’Amato – Acting Planning and Zoning Agent
PUBLIC HEARING
PZC2019-01 Text Amendment Application: Section 12. Willington Zoning Regulations. Owner: Loves Travel Stops & Country Store, Inc. Applicant: Gregory W. McCracken, Esq.(Received January 15, 2019 Public Hearing February 19, 2019 Decision within 65 days after close of P.H.)
Attorney Gregory McCracken was present for the applicant. He said Section 12 of the zoning regulations is a pretty long process and the requirements impose strict timing constraints on the applicant. Atty. McCracken said approvals from outside sources could take years and the current regulations give 3 years for build out. The applicant would like to see the time frame increase to up to 5 years plus a 5 year extension with a total of 10 years. In addition they are proposing an extra 2 year extension if needed. They are also proposing that recording on the land records be extended 90 days from the last approval given that is necessary for the commencement given and necessary for commencement of construction.
Atty. McCracken said a floating zone is more complex and this would make it more inviting for business climate in the town. W. Parsel asked why the 10 years and Atty. McCracken said general statute 8.3 gives you 10 years. He said it is a proposal and if the Commission found a lesser amount of years more appropriate, they would not object. Atty. Branse explained the Commission could make it a lesser time but not more time.
Ralph Tulis of Village Hill Road said 12-0304 is for a zone change and includes the preliminary land use plan. He expressed his concerns on dragging out the filing of the preliminary map and believes the 90 days works fine. He asked why applicant has included town agencies in the proposal. Mr. Tulis said it is not going to change the zone only the special permit. He said, in regards to the time frame, he believes the special permit starts when the Commission acts upon the application and does not like the 10 year blanket for all special permit applications. He suggested a 2 step time limit; a longer one for applicants that involves state and federal agencies and a shorter one for applications that do not.
Kathy Demers, of Mason Road, submitted a copy of her letter for the record and read her notes to the Commission. She expressed her concerns on the 10 year time frame and said there are likely to be changes to the PoCD, local zoning regulations, CT General Statutes, DEEP’s Natural Diversity Data Base, the endangered species list and Best Management Practices Guidelines during that time. This could allow an applicant to avoid meeting any of these new requirements for up to 12 years. Ms. Demers expressed several concerns on projects remaining unfinished for up to 10 years and the effect it could have on the town. A copy of the letter is available in the Land Use Office.
Laurie Semprebon, of Turnpike Road, said although she doesn’t know the details of the delay of the project, she is very concerned about the use of this site; it was never an ideal site for this project.
Dave Kuchinsky, of Lohse Road questioned if after the 2 year deadline. He asked if the application should revert to the underlying zone and then a public hearing be required. He questioned why the applicant is asking for a change in the regulations after the fact. They should have asked for an extension some time ago and not try to change the regulations.
Scott Wing, of Lohse Road, said in the bigger picture P&Z needs to realize other projects down the road and asked them to be cautious in their decision. He expressed his concerns on the impacts of future applications coming before them and asked them to look at the broader picture.
Atty. Branse clarified that the proposed text says 10 years plus an optional 2 years and the 10 years would for apply to all developers.
Elaine Newcomb, of Fermier Road, said she would assume the Commission put a lot of time, thought, and research into developing the regulations. She said the longer this goes out, the greater the change in the cast of characters and the more confusing this will get. She said she is also concerned on the competition with surrounding businesses.
Melissa Miller, of Mihaliak Road, said she is concerned about the extension when the applicant could have come earlier. She questioned the environmental changes in this extended time frame and if the applicant would have to comply with any regulation changes that may happen.
Atty. Branse said if local zoning approval were granted it would not be subject to any adopted zoning amendments but it would be subject to state and federal changes.
Mr. Tulis said the applicant never applied for an extension so technically one could assume this application expired in 2016. He questioned why the regulations would be revised to be retroactive for an expired special permit. He further expressed his concerns on the change to the time frame and questioned the delay on the storm water permit and encroachment permit required.
Atty. McCracken said he is focusing on two things; perfecting the zone change, filing on the land records and focusing on the amount of time available to build out a special permit. He said Loves is not wed to 10 years and would go with whatever this Commission feels fits this town. He asked if there could more time given once published on the land records to perfect the zone change. Atty. McCracken said it has taken years to get the required permits from DEEP and other entities. A discussion was held on the permits required, the timeframe and the permits issued.
Atty. Branse questioned why the start of construction and then a pause. He asked what the applicant’s time frame is from start to finish. Atty. McCracken said they have no intention of delaying but the 2 years plus 1 is way too short. He said they are not trying to drag this out. Atty. Branse asked what a reasonable amount of time would be from the time site work commences to completion. Atty. McCracken said 3 years with a possible extension of 2.
A discussion was held on the storm water permit and encroachment permits required.
Ms. Demers said the approval came from P&Z in 2013 and the application came before DEEP on May 1, 2015. She said there was a lot of back and forth from DEEP’s staff to the applicant’s engineer. She added that the reason for delay was not entirely on the agencies.
Mr. Wing added that with all the challenges of this parcel, the entire project should be questioned.
W. Parsell motioned to close the Public Hearing. J. Hall seconded the motion. All in favor.
Regular Meeting
Old Business
Farming Regulation Informal Discussion
M. D’Amato asked the Commission to send any questions and comments to him.
Minutes
D. Roberts motioned to approve the minutes of 2/5/19. J. Hall seconded. All in favor.
Public Comment
Mr. Tulis said he believes the agenda was improperly noticed and suggested it be posted online at the same time it is posted with the Town Clerk.
Staff Report
M. D’Amato said the proposed change in the Assistant Land Use Agent position will be presented with the budget. He also reported the GIS system is up and running and also available online for public use.
Meeting adjourned at 8:34.
Respectfully Submitted,
Michele Manas
Michele Manas
Recording Clerk