Planning & Zoning

Minutes
Meeting date: 
Tuesday, October 16, 2018

Planning and Zoning

40 Old Farms Road Willington, CT 06279

October 16, 2018

7:30 PM

Meeting Minutes

Roll Call

Members Present:

Walter Parsell – Chairman

Doug Roberts – Vice-Chairman

Andy Marco – Secretary

Joe Lucia

Joe Hall

Randy Belair

Brittany Skorupski-Williams - Alternate

Members Absent:

Donald Courtois - Alternate

Also Present:

Jim Rupert – Acting Planning and Zoning Agent

PUBLIC HEARING

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 October 16, 2018 Decision within 65 days after close of P.H.)

J. Rupert said this application is back before the commission due to a jurisdictional defect; the notice of mailing was one day short.  Mrs. Gottier said the notices were re-mailed timely and submitted for the record.

Mr. and Mrs. Gottier said they purchased a barn to house their shop and showroom and Gardner & Peterson did a full set of plans.  More detail was provided to the Commission at the previous Public Hearing.

The Commission did not have any further questions. 

W. Parsell motioned to close the Public Hearing.  D. Roberts seconded the motion.  All in favor.

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 October 16, 2018 Decision within 65 days after close of P.H.)

R. Belair questioned traffic and Mr. Gottier said they usually have 1 appointment per week but they do hope that increases.  He said they have parking spaces for 4 at a time and they get 3 to 4 deliveries a month.  He added that they wanted to have a commercial space that was not at their personal residence.

A. Marco motioned to close the Public Hearing.  R. Belair seconded the motion.  All in favor.

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.) continued to September 18, 2018

Joe Hall recused himself.  He submitted a revision for the record and to the Commission.  Copies were also available for Public review.  J. Hall revised the Hours of Operation and put set times in.  He added the Number of Persons Attending which shall not exceed 125 at any given time. He also revised the wording in the Attendance Variance and the Temporary Structures sections.  The Commission reviewed the amendments and did not have any additional questions.

D. Roberts motioned to close the Public Hearing.  J. Lucia seconded the motion.  All in favor.

Regular Meeting

W. Parsell called the Regular Meeting to order at 7:42. 

New Business

PZC2018-23 Application for Re Subdivision of Lot # 4 (Map 9 Lot 33 Zone R80) 59 Latham Road Owner/Applicant: Michael Nogas (Received October 2, 2108 Public Hearing November 20, 2018 Decision within 65 days after close of P.H.)

 

Public Hearing has been set for November 20, 2018.

Discussion Re: Love’s Travel Stops & Country Stores- 00 Polster Road & 3 Polseter Rd

(Map 46 Lots 16 & 17), PZC2013-4

J. Rupert said there are 2 issues to be adressed and maps were provided.  He said, after working with DEEP, Loves’ had to shift the right side curb cut to get the sight line necessary and shift the parking.  He added that the amount of parking remains the same. A discussion was held.

The Commission agreed a Public Hearing was not needed but they would like to see the application presented in a Public Forum. They would like the Public to see the changes and requested larger maps be presented when the application comes before the Commission.

J. Rupert said the second issue is the approval has expired.  In the DC zone they allow 12 months to begin the project and 2 years to finish it.  Attorney Branse reviewed the scenario and submitted his findings for the record.  He said the Commission can grant a 1-year extension but it would have to be at a Public Hearing.  Atty. Branse said, to his knowledge, no Public Hearing was called therefore the approval cannot be terminated without such hearing. 

Atty. Branse recommended the applicant request a regulation change to extend the expiration periods and request an extension.  The Commission agreed the applicant also needed a lot of approval from outside agencies which required additional time.

Attorney Greg McCracken was present.  He said Attorney Len Jacobs was handling this application and has retired.  He reported that they had lengthy Public Hearings and meetings with DEEP and could not finish in 2 years. Atty. McCracken said they have finally come to an agreeable proposal on reconfiguring the driveway and incorporating the sewage treatment system.  The next thing they are working on is the erosion and sediment control.  He said they have hired a Clerk of the Works, as required by the town, and are now looking at expanding their role.  A discussion was held.

Atty. McCracken gave an overview of the sewage system and said Fuss & O’Neill will explain the system in detail at a future meeting. 

A. Marco asked that Atty. Branse review their previous motion and give feedback for the next meeting. 

Old Business

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.)

A. Marco motioned to approve PZC2018-19.  D. Roberts seconded the motion.  All in favor.

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.)

D. Roberts motioned to approve PZC2018-20.  A. Marco seconded the motion.  All in favor.

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.

J. Hall recused himself from all discussion. 

A. Marco referenced section 3.57 on Principal Use. He questioned how they determine what is considered a farm.  If a property has the required acreage and a few goats and chickens, is that considered a farm? A discussion was held.

A discussion was held on the approval of the Special Permits.  D. Roberts said if they have complaints on a venue, they could deny future Special Permits. J. Ruperts said one thing is not clear in what is written for the Special Permit; do they come for approval once a year or everytime they hold an event?  He added that the regulation has a lot of moving parts and suggested a time limit be placed on approvals.  The Commission discussed requiring yearly approval and agreed this could help them address issues in the future.  B. Skorupski-Williams suggested placing venues into different classifications and determining how often each class applies. 

A. Marco said he has concerns on weddings and events that provide liquor and the town’s liability. A discussion was held on insurance policies.  The Commission asked that Attorney Branse review the proposal.  They have questions on events providing alcohol and the town’s liability as they would like to protect the town.  The Commission would also like to know if Atty. Branse has any input as to how other towns are handling these events.  W. Parsell added that they are sensitive to the needs of the small farms but he has concerns about resident complaints as the events will be in an R80 Zone.

A. Marco said another concerns is an Event Planner handling the wedding and taking the control out of the farmer’s hands after approval has been received.

A discussion was held on farm structures and safety.  J. Rupert said they would need approval from the Building Official and the Fire Marshal. 

The Commission would like to keep this on the agenda for the next meeting.

Minutes

J. Lucia motioned to approve the minutes of 10/02/18.  D. Roberts seconded the motion.  All others in favor.  Motion carried. 

Correspondence

Quarterly letter from the Connecticut Federation of Planning and Zoning Agencies

Staff Report and Discussion

There was no Public comment and Staff did not have anything further to add.

Meeting adjourned at 8:32.

Respectfully Submitted,

Michele Manas

Michele Manas

Recording Clerk