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HomeMy WebLinkAbout2-28-06 PZ MINUTES 2C:\Users\twilliams\AppData\Local\Temp\2-28-06 PZ MINUTES 2_45915 (2)\2-28-06 PZ MINUTES 2.doc 1 TOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549 Fax (860) 848-2354 MEETING MINUTES February 28, 2006 December 13, 2005 ACTING CCHAIRMAN FERRANTE GREGORY MAJEWSKI called the December 13, 2005February 28, 2006 Meeting of the Montville Planning & Zoning Commission to order at 7: 01 pm. (*Recording Secretary arrived at 7:45 p.m. – notes taken from the tapes) Commissioner Marcus acted as Commission secretary. COMMISSION MEMBERS PRESENT: COMISSIONERS Wood, Mastrandrea, Baron, Pieniadz, Ferrante, Majewski and Polhemus. COMMISSION MEMBERS ABSENT: COHEN, and : May, Marcus, and CohenFERRANTE STAFF PRESENT: Thomas Sanders, Zoning Enforcement Officer, Marcia Vlaun, Town Planner. . MINUTES: Commissioner Polhemus brought it to the Commission’s attention that an error was made in the minutes of the 2/14/06 meeting as follows: A MOTION was made by COMMISSIONER WOOD; SECONDED by COMMISSIONER WOOD. The recording secretary will check her notes and revise. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER POLHEMUS to APPROVE the minutes from the regular meeting of February 14, 2006 with the change as noted. (Correction: A MOTION was made by COMMISSIONER WOOD; SECONDED by COMMISSIONER (WOOD) BARON) Voice vote. 7-0 All in favor. MOTION CARRIED. CORRESPONDENCE: Commission: Staff: The Town Planner informed the Commission that she had received the following: 1.) Notice of a Regional Drill that will stimulate a disease outbreak. 2.) A notice from the Town of Preston regarding a proposed change to their regulations. The change involves the requirement that notification of abutting property owners would be required for a variance. 3.) A §8-24 Matrix has been provided to the Town Council for their reference, since a request for a §8-24 review for an easement was referred to the Commission, when one is not required to be done. 4.) A letter from Thomas Fenton, Town Engineer relative to the road standards which outlines the reasons why the standards should be updated. Discussion was held. Information will be forwarded to the Public Safety Subcommittee. 5.) A letter from Attorney Harry Heller regarding the Town Council’s lack of action on acceptance of Jamie’s Way. The Commission had forwarded a favorable §8-24 Review last year and the Town Council has declined to accept the road since there are no houses on the road yet. Commissioner Baron suggested that the §8-24 Matrix that the town Planer had prepared be added to the Zoning Regulation as addendum and that it should be further addressed at a Zoning Workshop meeting. Commission: no correspondence NEW BUSINESS: a) §8-24 Review: For a proposed easement on the property located off Old Colchester Road and Salt Box Lane, Uncasville, CT. As shown on Assessor’s Map 15 Lot 7. Staff advised the Commission that a §8- 24 Review is not required for an easement. A MOTION was made by COMMISIONER MAJEWSKI; SECONDED by COMMISSIONER WOOD to send a letter back to the Town Council advising them that the Planning & Zoning Commission doesn’t perform §8-24 Reviews for easements; that it is strictly up to the Town Council. Voice vote. All in favor 7-0 MOTION CARRIED. b) JCM Ct Acquisition LLC: A request for lot division on the property located at 2049 Norwich-New London Turnpike, (Route 32), Uncasville, CT As shown on Assessor’s Map 104 Lot 39. (Tape 1 of 2 #300) Staff gave the Commission a background on the proposal which was originally the approved C:\Users\twilliams\AppData\Local\Temp\2-28-06 PZ MINUTES 2_45915 (2)\2-28-06 PZ MINUTES 2.doc 2 “hotel site” for Executive Park, LLC. Clint Brown of DeCesare Bentley and John Casey of Robinson & Cole were there representing the applicant. John Casey told the Commission that the Estate currently owns the property all as one parcel, and wishes to move forward with the development of the hotel while continuing negotiations for the front parcel. They are looking for a lot split with use of a common drive for the 2 Commercial parcels. Any activity on Parcel one would require going back before the Inland/Wetlands Commission for approval. Discussion was held concerning the request since it was an unusual request for a modification to “subtract from an approved site plan”. Mr. Casey showed the Commission the conceptual plan that outlined the previously approved plan (blue) and the new plan (red). Mr. Casey advised the Commission that he understood that any development on parcel one (front half) would have to come back before the Commission and also go before the Inland/Wetlands Commission and that the necessary easements were shown on the plan too. Staff informed the Commission that all drainage would remain the same and all else including wetlands permits remains the same, but a subtraction on the original approval would take place. Discussion was held. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER MASTRANDREA to APPROVE the lot division for 2049 Norwich-New London Turnpike with the proviso that the new lot would have to come in with a complete site plan when developed. Voice vote. 6-1-0 with Commissioner Baron opposed. MOTION CARRIED. c) §8-24 Review: 1. To accept the following road: Platoz Drive, and 2. for the land transfers by and between the Town of Montville and the abutting property owners to correct the actual location of the road right-of-way. The Zoning Enforcement Officer advised the Commission that the §8-24 Review for Platoz Drive had originally come before them in July of 2005. Numerous deeds for land transfers had to be drawn up by Attorney Heller and the Town Attorney has accepted the deeds as to form and will respond to the Town Council directly. A variance was granted for lot 1 on 11/2/05. A MOTION was made by COMMISIONER MAJEWSKI; SECONDED by COMMISSIONER POLHEMUS to forward a FAVORABLE §8-24 Review to the Town Council for acceptance of Platoz Drive into the Town Road system and for the land transfers. Voice vote. All in favor 7-0 MOTION CARRIED. . ZONING ISSUES: a) Miscellaneous Zoning Issues. Tom Sanders advised the Commission that he had a few items for their review and comment. 1.) Simons Land Consulting/Coast Guard Rescue 21: Staff reported that Simons Land Consulting wants to put up a radio tower on the existing previous ATT microwave tower which doesn’t come under the Siting Council’s jurisdiction since it’s not a communications tower. All activity will take place within the existing fenced area. Discussion was held relative to the fee. A MOTION was made by COMMISSIONER MAJEWSKI to APPROVE the use of parcel 2 on map 36 by Coast Guard Rescue 21 with a normal $55.00 fee; SECONDED by COMMISSIONER WOOD. Discussion was held. COMMISSIONER MAJEWSKI MODIFIED the motion to delete the $55.00 fee and COMMISSIONER WOOD SECONDED the modification of the motion (leaving the balance of the motion intact) Voice vote. All in favor 7-0 MOTION CARRIED. 2) An application for a Home Occupation Permit for Peter Strand of Willow Drive to build kayaks. Staff advised that they had no problem with it, that it would be a one-man operation and that the skins are made of nylon. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER POLHEMUS to APPROVE the Home Occupation Permit for Peter Strand of 21 Willow Drive. Voice vote. All in favor 7-0 MOTION CARRIED. (Tape 1 of 2 #1353) 3.) The American Legion has an opportunity to relocate to the old Antonino property. Gary Leitkowski has offered them a building & associated parking, but the property is currently zoned C-2 and will need to be rezoned as C-1. The Legion is asking if the Commission will accept a class D survey for a zone change request. Discussion was held. It was said that they would need an A-2 sooner or later, but at this point rather than expend the additional monies, the Commission would work with them, but that they would need an A-2 for site plan review. b) Montville Commons update. Staff advised the Commission that they could expect to see a request for a modification of the site plan shortly. Discussion was held regarding the progress on the final plans and the Commission’s Cease & Desist order. Staff has checked with Atty. Ochsner and the Town Engineer and all conditions except for one have been satisfied. Once the Town Engineer has provided us a letter saying that all the conditions have been met then the Commission can release their C&D. Commissioner Baron suggested that a draft motion be prepared. PUBLIC HEARINGS: C:\Users\twilliams\AppData\Local\Temp\2-28-06 PZ MINUTES 2_45915 (2)\2-28-06 PZ MINUTES 2.doc 3 a) Estate of Warren F. McNaught: An application for a proposed 5 lot re-subdivision (cluster) on the property located at 189 Fitch Hill Road, Uncasville, CT As shown on Assessor’s Map 55 Lot 17. Applicant’s engineer has asked for the matter to be continued. No comments were received from the Public. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER POLHEMUS to CONTINUE the Public Hearing to the next meeting. Voice vote 6-0-1with Commissioner Baron abstaining. MOTION CARRIED. b) Donna Brycki: An application for a Special Permit/ Site Plan renewal for removal of approximately 400,000 cubic yards of ledge (rock) material in an area which has been historically quarried on the northerly side of Noble Hill Road located at 61 Noble Hill Road, Oakdale, CT. As shown on Assessor’s Map 60 Lot 15. Commissioner Ferrante stepped down (written notice attached hereto) and left the meeting room. Commissioner Majewski opened the Public Hearing at 7:48 p.m. (Tape 1 of 2 #1649) and read the legal notice into the record. STAFF: Staff read the staff report and entered it into the record. Staff recommended approval with conditions. APPLICANT: Attorney Harry Heller of 736 Route 32, Uncasville appeared on behalf of the applicant. Attorney Heller informed the Commission that this application is for a renewal of a permit and that the site plan is identical to what was approved 5 years ago and that essentially no activity has taken place there except for the partial access road. PUBLIC: Against: Carl Brown of 15 Noble Hill Road raised numerous issues with the project including noise, hours of operation, E&S measures not being taken, wood cutting on the property. He went on to say that the property owner has blatantly disregarded the conditions of the previous permit and that he had contacted the Police Dept. and filed complaints. Mr. Brown would like for the Public Hearing to remain open in order for other area residents to have an opportunity to speak. Beth Sweeney of 15 Cherry Lane spoke in opposition of the project. Ms. Sweeney’s main concerns were for the safety of her children and the residents on Cherry Lane. She also voiced concerns with the hours of operation. Truck traffic was an issue. Favor: Donna Brycki of 61 Noble Hill Road spoke in favor of the project. She informed the Commission that the trucks on Cherry Hill are not from her property, but from the Getty property. She said that Mr. Brown built his home between two quarries. She said that they have been adhering to the hours of operation, but that a logger has been cutting trees on Sundays. APPLICANT: Attorney Harry Heller told the Commission that this is a low intensity operation and that the police have taken no action. STAFF: Staff advised that there seems to be some sort of confusion regarding what triggers the necessity for the permits which is removal of greater than 500 cu. yards and that it’s not a permit for 500 cu. yds. per day. Public Exhibit 1, 2, 3 and 4 were entered into the record and are Police Reports. APPLICANT: Attorney Harry Heller informed the Commission that this is a stone operation for high quality decorative granite hat is removed by way of blasting and then the fractures are taken out in slabs. Commissioner Majewski suggested that each Commissioner visit the site. Discussion was held and it was decided to leave the Public Hearing open in order for other neighbors to have an opportunity to speak. A MOTION was made by COMMISSIONER BARON; SECONDED by COMMISSIONER POLHEMUS to CONTINUE the Public Hearing to the meeting of March 28, 2006. Voice vote 6-0-1 with Commissioner Ferrante abstaining. MOTION CARRIED. Commissioner Ferrante returned to the meeting room. c) 100 Waterfall, LLC: An application for a Special Permit/Site Plan approval for Phase II of a proposed age restricted housing project (active adult community) on the property located on the southwesterly side of Old Colchester Road, Oakdale, CT As shown on Assessor’s Map 36 Lot 5 and Map 28 Lot 3- 14. The Public Hearing was opened and Commissioner Ferrante read the legal notice into the record. Staff reported that there are still outstanding comments. Attorney Heller, representing the applicant requested that the matter be continued until the March 28th meeting. No comments were received from the public. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER WOOD to CONTINUE the Public Hearing to the meeting of March 28, 2006. Voice vote 7-0 All in favor. MOTION CARRIED. OLD BUSINESS: a) Oliver LeBras/Lombardi Business Park, LLC: An application for a Site Plan Review for an indoor rock climbing facility on the property located at 25 Sachatello Industrial Drive, Oakdale, CT. As shown on Assessor’s Map 5 Lot 16. Staff informed the Commission that the project needs approval from the State for its community well/water system. A MOTION was made to CONTINUE to the C:\Users\twilliams\AppData\Local\Temp\2-28-06 PZ MINUTES 2_45915 (2)\2-28-06 PZ MINUTES 2.doc 4 next meeting by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER POLHEMUS. Voice vote. All in favor. 7-0 MOTION CARRIED. b) Harten’s Pond: A request for the release of the One (1) year Maintenance Bond for the Pine Ridge Estates Subdivision, in the amount of $145,000.00. Staff read a letter from the Town Engineer, the one year term had passed and no defects or objections were noted. Public Works had no adverse comment. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER POLHEMUS to release the $145,000.00 maintenance bond for Harten’s Pond. Voice vote. 7-0 All in favor. MOTION CARRIED. OTHER BUSINESS TO COME BEFORE THE COMMISSION: Commissioner Baron suggested to the Commission that the hours be pushed back to no new business after 10:30 and all business will cease at 11:00 p.m. Discussion was held. It will be put on the agenda for the next Commission meeting as a proposed amendment to the rules and regulations of the Commission. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER WOOD to add to the next meeting agenda item 9a commission to modify the closing times of their meetings. Voice vote. 7-0 All in favor. MOTION CARRIED. ` ADJOURN: Commissioner Wood made a motion to adjourn. . The meeting adjourned at 8:45 p.m. Respectfully submitted, Judy A. LaRose Recording Secretary A COMPLETE RECORD OF THE MEETING IS ON CASSETTE TAPES ON FILE IN THE MONTVILLE TOWN CLERK’S OFFICE