Planning & Zoning

Planning and Zoning

40 Old Farms Road Willington, CT 06279

July 17, 2018

7:30 PM

Meeting Minutes

Roll Call

Members Present:

Doug Roberts – Vice-Chairman

Andy Marco - Secretary

Joe Hall

Randy Belair

Joe Lucia

Brittany Skorupski-Williams - Alternate

Members Absent:

Walter Parsell – Chairman

Donald Courtois - Alternate

Also Present:

Susan Yorgensen – Planner/Zoning Agent

REGULAR MEETING

New Business:

Review of renewal of Special Permit for Home Occupation Sadow Excavation original approved on August 3, 1993 at 115 Eldredge Road (Map 7 Lot 1 Zone R80) Owner: Alfred Sadow

Alfred Sadow was present and said he gave a letter to Sue.  He said there was a misunderstanding on the day he got into an accident.  He said his truck was not drivable so he hired Mr. Whitehouse to move a piece of equipment.  Mr. Whitehouse drove onto Tess Gutowski’s lawn a bit and Tess thought it was his truck. He said he spoke to the landowner, apologized and told her if the lawn was messed up, they would have fixed it.

R. Belair questioned complaint history and Mr. Sadow said he has had 2 complaints in 25 years. 

B. Skorupski-Williams motioned to renew the Special Permit for Home Occupation Sadow Excavation original approved on August 3, 1993 at 115 Eldredge Road.  R. Belair seconded the motion.  A. Marco recused himself.  All others in favor.  Motion carried.

PZC2018-15 Application for Proposed Zoning Regulations changes to add new Section 5.02.01.02.21 Permanent Farm Stand, Section 5.02.01.02.22  Farm Accessory Use Event Facilities, Special Regulations Section 11.24 Permanent Farm Stand with Special Permit and 11.25 Farm Accessory Use Event Facilities with Special Permit Owner/Applicant: Joseph Hall Received July 3, 2018 Public Hearing September 4, 2018 Decision within 65 day of close of P.H.

Public Hearing set for September 4, 2018.

PZC2018-16 Change to Town of Willington Zoning Regulations to allow for live entertainment. Public Hearing September 4, 2018 Applicant: Planning and Zoning Commission

Application was tabled.

PZC2018-19 Application for Zone Change residential to commercial at 11 Tolland Turnpike (Map 30 Lot 6 Zone R80) Owner/Applicant: Bruce & Laura Gottier (Received July 17, 2018 Public Hearing September 4, 2018 Decision within 65 days after close of P.H.)

Public Hearing set for September 4, 2018.

PZC2018-20 Application for Special Permit kitchen & bath showroom, remodel service & storage of cabinet at 11 Tolland Turnpike (Map 30 Lot 6 Zone R80) Owner/Applicant: Bruce & Laura Gottier (Received July 17, 2018 Public Hearing September 4, 2018 Decision within 65 days after close of P.H.)

Public Hearing set for September 4, 2018.

Old Business:

PZC2018-10 Application for Special Permit including final site development plan approval to construct a proposed 9,225 s.f. commercial retail building and related activities including parking area and demolition of existing building at 22 Tolland Turnpike (Map 30 Lot 015 Zone DC) Owner: Willington, LLC Applicant: Garrett Homes, LLC

All Commission members present reviewed the minutes and listened to the tapes. D. Roberts read the draft motion.

Motion to approve PZC 2018-10 with the following modifications/conditions:

Signage not approved at this time. Signage plan to be submitted to the Commission for approval and shall include locations, dimensions, square footage and lighting details.

Lighting plan not approved at this time. Plan shall be revised to include locations of all lighting, (site and building) specification sheets/details for all poles and fixtures (which shall be full cutoff).

As stated by the Applicants representative during the Public Hearing, the cupola shall not be lit.

Any non - architectural roof top structures (i.e. HVAC compressors etc.) shall be shielded from view.

Façade facing Phelps way, to mimic the 74 side (i.e. facade windows)

Any comments or recommendations by State of Connecticut, Department of Transportation shall be incorporated into the final design.

Construction entrance to be moved to Phelps way (vs Route 74)

Storm water, monitoring and maintenance plans, to be submitted to the Town prior to CO and logs kept on site.

Dumpster and Recycling area to be screened from view.

No outside storage.

A litter control plan incorporating the site and the surrounding area shall be submitted to the Commission for approval prior to a Certificate of Occupancy being issued. The Commission may require a bond as part of this agreement.

Plans to be revised to incorporate any technical revisions required by PZC engineer or staff.

PZC and IWWC motions of approval to be added to the plans.

Complete site as-built (prepared by CT licensed engineer/surveyor) to be submitted prior to Certificate of Occupancy and to include all improvements including septic, drainage structures (including invert and outlet elevations) and utilities.

Landscaping to be maintained.  Plants should be kept in good repair (inspected annually and replaced as necessary). A bond (amount to be approved by the Commission’s engineer) shall be submitted prior to CO.

All pavements, curbing and fencing to be kept in good repair (inspected annually and repaired as necessary).

Any modifications to the plan shall be submitted to the Commission for their review and approval.

As built to be updated should any future changes be approved for the site.

A. Marco questioned the construction entrance.  S. Yorgensen said they are proposing a right in, right out entrance on 74 so it doesn’t make sense to have the construction entrance in that location.  A discussion was held on the driveway.  S. Yorgensen said the entrance will be on a state road.  A discussion was held on the façade facing Phelps Way.

A discussion was held on bonds for plantings and litter control.  The Commission agreed they would like to see Bonds added to the conditions. 

J. Lucia motioned to approve PZC2018-10 as amended above.  R. Belair seconded the motion. All in favor.  Motion carried.

Minutes

R. Belair referenced Mr. Ellis’s comments at the previous regarding the investor buying properties with crumbling foundations.  He said this is a big concern and would like the 7/3/18 minutes amended with the addition of the following:

Matt Ellis commented on the foundation problem, rentals and Mansfield’s ordinance. He felt the Mansfield ordinance was too restrictive but there are a lot of good things about it. Mr. Ellis said he knows one guy that has 10 million bucks from investors and he is buying up the houses with crumbling foundations with no intent the fix them whatsoever. He said they are going to make boarding houses, but there not boarding houses because there is a common kitchen and they would not do leases for individuals, its one common lease. He said he knows he has 7 or 8 properties in Willington, 3 or 4 in Ellington, 10 in Tolland and this is not a good person. 

Approval of minutes was tabled to the next meeting.

A discussion was on a possible ordinance in Willington and the ordinance in Mansfield.  R. Belair suggested meeting with the Board of Selectmen and bringing the crumbling foundation and rental property issue before CRCOG.  The Commission would like this added to the next agenda on September 4th. 

Correspondence

Correspondence can be viewed in the Land Use Office

Public Comment

John Starinovich to speak to the Commission about Tinkerville Road.

Mr. Starinovich, of Lustig Road, said there is a business that is in his neighborhood on Tinkerville Road called Feel Good Farms. He questioned if a retail business can be developed in a R80 Zone.  He said the business has a sign on the road and there is a lot of tractor trailer traffic at all hours.  Mr. Starinovich said they are receiving out of state hay deliveries and selling hay and bedding.  He said if this continues, they are looking at an Agway or Tractor Trailer Supply in a residential neighborhood. 

Mr. Starinovich added that he heard it through the grapevine that the Town of Willington has contracted them to do haying.  He questioned if this is a legal use of the land.

Josh Walsh, of Tinkerville Road, lives across from the farm and added that the business does have a Facebook page.   He provided pictures to the Commission of the Tractor Trailers turning at least 7 feet onto his property and pictures of night deliveries.  He said the idling trucks are waking his kids, especially during the late night deliveries.

Mr. Walsh said he has spoken to them and tried to work with them.  He questioned how they started operating without a CO and said they are using the bridge to cross Kidder Brook.

S. Yorgensen said they were in previously in violation for a drainage issue.

Mr. Walsh questioned the legitimacy of the farming operation as nothing being sold is produced on his land. 

D. Roberts asked if it would help if all deliveries were on the farms property and Mr. Walsh said he doesn’t know if that will solve the issue.

Janet Zay, of Tinkerville Road, said there is a stream of woods between her and the farm but this is a growing concern of commercial property in a residential neighborhood.  She questioned if it could be grand-fathered in after a length of time.

Steve Black echoed the others concerns on the barn that was built, the neighborhood resale value, trucks idling and truck traffic.  He added that the road was recently paved and now has divots from the trucks.

Mr. Walsh added that he submitted a formal complaint to the town’s website late April, early May and did not see anything mentioned in the minutes. Further discussion was held on the permitting and site visits.

A discussion was held on R80 Zones and the rights of landowners.  D. Roberts asked S. Yorgensen if they can issue a Cease and Desist and she suggested getting advice from the Town Attorney.  The Commission would like this put on the next agenda. 

Christina Mailhos congratulated Susan Yorgensen on her upcoming retirement.  She also expressed her concerns on the buying of the properties with crumbling foundations and said there are 2 in her neighborhood.  She said it does have to be escalated to the CRCOG level as she does think it is happening in other towns.  Mrs. Mailhos said they do have the resources to address this issue and hopes the Commission sticks with it. 

A discussion was held on the need for rentals in Willington and surrounding towns because of UCONN and the affect this is having on the town. S. Yorgensen said, in regards to CRCOG, she questioned how fast something could be done. Mrs. Mailhos said there is a lot that is going to unfold in the future and they need to anticipate it and be on top of it. 

Mike Makuch, of Clover Springs, said he is has become more involved in the town and these are big concerns.  He said pieces of the town government need to be acting to serve the community and the citizens.  He expressed his concerns on the foundations, foreclosures and investors.  He said the investors buying these houses don’t have to fix them up and can turn it into a cash operation.  He said the investor’s will keep them for a few years and if the foundation issues don’t work out, they will walk away. Mr. Makuch added that parties are an issue and the cars in the driveway are an issue; the homes will remain blighted.  He said his road was put in in 2006 and the construction of homes began then and they already have high levels of pyrrhotite in the foundations.  He added that they are not showing visible issues as of yet.  He said that property values are down and a big part of this is due to property comparisons.  

Ralph Tulis, of Village Hill Road, said he had a long conversation with Pauline at CRCOG and she does not feel this is a relevant issue for the AD HOC Committee but it may be an issue for CRCOG. He said that he did look at the template that was done for the legislator and if you knowingly buy a house with a bad foundation, you don’t get funding. 

A discussion was held on disclosure of crumbling foundations and Mrs. Mailhos said disclosure is not required in foreclosures.  S. Yorgensen said the Town really needs to consider an ordinance and a discussion was held on who the ordinance would come from.  S. Yorgensen said it would have to come from the Board of Selectmen. 

Stephanie Summers said her concern is the permitting process and how it relates to P & Z.  S. Yorgensen said this is on the September agenda as requested by W. Parsell. She questioned site walks and asked if the quarry had not been visited in 10 years.  S. Yorgensen said she is unsure but it is possible.  She said the commission walking the site is not going to change the pyrrhotite issue.  Ms. Summers said there are other places she is concerned about and urged the commission to speedily get to this.  She said she is not just talking about the quarry but does not believe this story is over.  She submitted a copy of the article in the Journal Inquirer entitled “Moratorium extended on quarry”. 

A. Marco said the Commission does a lot of due diligence but it has to be understood that landowners have rights; i.e. farming, agriculture. 

S. Yorgensen said W. Parsell asked her and Emily to do a site walk at the quarry.  She said they are not doing anything that they have not been approved to do and does not believe they are in violation of the regulations.  She added that the north side stood out to her as there is not much activity going on and believes that part of the business has been impacted. 

Further discussion was held on permitting, site walks and special permits. Ms. Summers said, after the range gun issue, townspeople got sensitive to wetlands and ground water issues. 

Staff Report

S. Yorgensen said the first selectmen would like the boards support in offering the position to the candidate chosen for her position and a discussion was held.

Meeting adjourned at 9:16.

Respectfully Submitted,

Michele Manas

Michele Manas

Recording Clerk