Planning & Zoning

Meeting date:

Wednesday, January 29, 2020

Planning and Zoning Commission

40 Old Farms Rd

Willington, CT 06279

January 29, 2020 – 7:00 PM

Special Meeting Agenda

Members Present:

Walter Parsell

Andy Marco

Joseph Lucia

Joseph Hall

Douglas Roberts

Robert Shabot

Also Present:

Michael D’Amato- Zoning Agent

Ken Slater- Attorney from Halloran & Sage

Ashley Stephens- Assistant Land Use Agent

New Business:

W. Parsell made a motion to appoint Ashley Stephens as Assistant Land Use Agent.

D. Roberts seconded the motion.

All in favor.

Old Business:

PZ-19-12 Special Permit: Sections 5.04.01.02.14 Motor Vehicle Fuel Sales, Tire Repair and Replacement & 5.04.01.02.19 Retail Trade & 5.04.01.02.20 Restaurants. 3 Polster Road: Applicant Gregory McCracken, Owner: Loves Travel Stops and Country Store

The discussion started with conversing over the comments that were emailed to M. D’Amato since the last meeting about the special conditions. L. Semprebon’s main concern that she emailed to M. D’Amato was about mitigating any effects to the spring where the trout spawn. It was discussed that there was no condition PZC could add because it is not their jurisdiction. Those environmental concerns are the responsibility of the Inland Wetlands Commission..

There was discussion from the commission about safety concerns and if traffic becomes an issue, is there anything the Commission can do to reevaluate what is going on. K. Slater expressed that once the permit has been issued, there is nothing else that can be done from the town’s perspective to bring the applicant back before the PZC. There could be improvements required by the state.

The Commission members discussed a concern about any increased traffic and how that might impact the highway exit ramps and Mihaliak Rd. The Commission cannot take action towards traffic control and re-assess in the future, especially once the application is approved from the PZC, but the issue can be raised with DOT.

D. Roberts asked if we can assess any traffic issues on an annual basis if there is a lot of complaints, accidents, etc.

K. Slater stated that the nature of special permits that are proposed with the special conditions that are arranged for the application should met the requirements that are in the regulations at the time the application is submitted. The Commission cannot require the permit to be reevaluated down the road. But if the state decides something is not working, they can tell the applicant they need to change it.

M. D’Amato stated he has been authorized by the IWWC to issue an agent approval which will be required to accommodate the addition of traffic island that the PZC has included within its conditions.

A.Marco asked if the commission references anything that they wouldn’t want to be reversed. M. D’Amato stated that nothing can be dialed back once approved.

There was discussion on the height of the fence that is being required in the special conditions. One of the ideas discussed concerning the height was that there is a condition on Dark Skies compliance that should go hand in hand with the height of the fence trying to reduce the light that leaves the site. It was found that the wall where the fence will be placed is a foot higher than where the parking lot sits on the site, so the 6-foot fence will be suitable.

The commission read through each of the proposed conditions and made minor changes to wording for consistency.

B. Shabbot asked if Polster road will be widened near Mihaliak Road for the median, and M. D’Amato stated that it will between Mihaliak Rd and the Loves site only. The island is to deter trucks from going left, but emergency vehicles can go over it if need be.

J. Lucia made a motion to approve:

Findings:

The applicant has provided a complete application and addressed any outstanding questions presented by the Commission.

The application submitted is in keeping with the uses allowable in Design Commercial Zone per Willington’s Zoning Regulations.

The applicant has successfully been granted a modification to the existing Inland Wetlands application, a copy of which was provided to the Planning and Zoning Commission.

Modifications/Conditions:

Plans shall be revised to include any technical revisions required by the Commission, its staff or its counsel.

Any modification to the approved plans as required by the approval or as agreed to by the applicant during the public hearing shall be subject to approval by the Commission, staff or its counsel.

A copy of all state and local permits referenced herein shall be submitted to the Commission within 30 days of granting.

Recommendations of the Connecticut Department of Transportation and Dept of Energy and Environmental Protection shall be incorporated into the final design prior to construction.

The title block shall be revised to reflect “Special Permit/Final Site Development Plan”.

PZC and IWWC Motions of approval shall be added to the plans.

A complete site as-built, depicting all improvements including but not limited to septic, drainage structures, and utilities shall be submitted prior to the issuance of a Certificate of Occupancy; future changes to the site will require the submission of an updated as-built and may, subject to the provisions of the regulations, require an application to modify the special permit/final site development plan.

A performance financial guarantee in an amount satisfactory to Town staff sufficient to cover the costs of all Erosion and Sedimentation Controls and mitigation and public roadway improvements shall be provided. A landscape viability financial guarantee in an amount satisfactory to Town staff sufficient to assure that all landscaping shall be maintained and viable for a period of two years from the Certificate of Occupancy shall be provided. The form and terms of all financial guarantees required by these conditions shall be subject to approval by the Commission, staff and its counsel.

Review of all plans submitted according to these conditions and modifications to the Plan shall be considered components of this Special Permit application and site development plan review and shall be governed by all relevant provisions of the zoning regulations, and shall be subject to the level of discretion accorded under such provisions.

The Commission may, at its sole discretion, delegate to the Commission staff, counsel, engineer, and/or commission consultants the ability to approve any submission by the applicant made to fulfill these conditions of approval.

The Commission recognizes it has the option of modifying or conditioning the application in order to address deficiencies, and the Commission concludes that all deficiencies can be remedied by conditions and modifications based on the information and arguments now contained in the record, and that such conditions and modifications do not substantially alter the application to the extent that any parties are deprived of their rights to be heard. These conditions and modifications are drawn directly from the testimony and evidence received during the public hearing and are intended to be responsive to them. These conditions and modifications are integral to this approval and not severable from it; but for these conditions and modifications, the Commission would have denied the application without prejudice so that an acceptable plan could be denied and submitted.

The submitted advertising signage plan is not approved. Subject to approval by the Commission, an application shall be submitted separately per Section 19 of the Willington Zoning Regulations.

Prior to the start of any construction, demolition, or regrading on the site, the applicant shall submit to the Town all necessary conveyances and easements to allow for the proposed widening of Polster Rd; the terms of such conveyances and easements shall be subject to approval by the Commission’s counsel.

Prior to the start of any construction, demolition, or regrading on the site, the applicant shall obtain a General Permit for the Discharge of Stormwater and Dewatering Wastewaters Associated with Construction Activities from the CT DEEP and submit to the Town of copy of the permit and required Stormwater Pollution Prevention Plan.

The architecture of the building shall be as submitted by the applicant. Any modification thereof shall be subject to approval by the Commission.

No alcoholic beverages shall be sold or served on the premises

There shall be no trailer box or dolly drop off area.

A clerk of the works shall be hired by the Town, the cost of which shall be reimbursed by the applicant. The clerk of the works will represent the interests of the Town of Willington in regard to ensuring that the quality of both materials and workmanship are in accordance with the design information such as specification and engineering drawings, in addition to recognized quality standards. The applicant shall adhere to the direction of the clerk of the works during construction, including but not limited to ordering the halting of work as necessary to assure such compliance or to take any actions to avoid or remedy any noncompliance with the requirements of this approval including soil erosion control and mitigation.

All pavement, curbing, fencing, walkways, guide rails, and screening shall be inspected annually and repaired as necessary as to be kept in good repair.

Outdoor storage is prohibited.

All power tire changing equipment, including but not limited to air compressors, shall be located within the “tire changing building.”

Glare-reducing glass or opaque window treatments shall be used in or on all windows and doors on the South, East and West faces of any building.

Prior to any construction, demolition or regrading on the property, the applicant shall provide to the Commission and record on the Willington land records all necessary sight line easements, with positions, dimensions, and terms of those easements subject to approval by the Commission, staff or its counsel.

No music or amplified sound shall be played outside the buildings by the applicant or by any tenant or occupant of a building on the site, with the exception of an on-site P.A. system; the volume of this on-site system shall be in accordance with all applicable Town or State noise regulations.

Approval of the Subsurface Waste Absorption System by the CT DEEP shall be obtained before the issuance of a Certificate of Occupancy.

Approval of the wells supplying water to the property by the Department of Public Health shall be obtained before issuance of a Certificate of Occupancy.

The outside trash receptacle or “dumpster” may only be located as specified on the plans as submitted.

All conditions of approval of this development by the Willington Inland Wetlands and Watercourses Commission are hereby incorporated by reference into this approval, and where those conditions of approval conflict with the conditions of this approval, the more restrictive shall apply.

The plans shall be revised, subject to approval by staff to include a mountable island or other acceptable improvement at the Northern-most entrance to deter traffic from making a left-hand turn onto Polster Rd.

All exterior lighting on the building or within the site shall be Dark Skies compliant pursuant to the Model Lighting Ordinance of the International Dark-Sky Association.[SJKR1] [AS2] [AS3]

To reduce light trespass from moving vehicles, the six-foot fence line along the western boundary of the parking area shall be chain linked with vinyl slats or other suitable measures acceptable to staff.

All site infrastructure including parking lots, sidewalks, retaining walls, slopes and other infrastructure shall be maintained to original design specifications.

Any White Pine designated within the Landscape Plan shall be replaced with Red Cedar.

W. Parsell seconded the motion.

Yes:

Walter Parsell

Andrew Marco

Douglas Roberts

Joe Lucia

Joe Hall

No:

Robert Shabot

Motion was approved.

B. Shabot did not vote to approve the application stating he believes it is too close to wetlands and that it could have been built farther from the wetlands but that they have satisfied all the requirements of the commission.

Minutes:

W. Parsell made a motion to approve the minutes from January 14, 2020. D. Roberts second the motion.

All in favor.

The commission discussed if there was a reason to include absent members on the minutes. It was unanimously decided that there is not a need to include the members who are not present at meetings. It was stated that it should be discussed in the future to make it a rule that if you do not attend 50% or more of the meetings in a year, you cannot stay on the commission.

Staff Report/ Discussion:

Accessory structures:

M. D’Amato stated he would like to think about this section in the regulations and that some structures such as generators, AC units etc., should not have to meet the requirements for setbacks in the Regulations. He discussed how some towns don’t require certain accessory structures to adhere to side or rear setbacks. The commission agreed to think about it and discuss it further in the future.

It was agreed upon to cancel the February 4, 2020 meeting due to lack of business.

Meeting Adjourned 8:31pm.

Respectfully Submitted,

Ashley Stephens

[SJKR1]Or such other identifiable standard

[AS2]

[AS3]

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