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Home My WebLink About10-24-06 P&Z minutesTOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE UNCASVILLE, CT. 06382 PHONE (860) 848-8549 Fax (860) 848-2354 MEETING MINUTES October 24, 2006 CHAIRMAN MARCUS called the October 24, 2006 Meeting of the Montville Planning & Zoning Commission to order at 7: 00 pm. COMMISSION MEMBERS PRESENT: Commissioners Marcus, Wood, Majewski, Toner, Pieniadz, Baron, Siragusa and Ferrante. (8 members) COMMISSION MEMBERS ABSENT: Commissioners Polhemus and Mastrandrea. Alternate Commissioner Siragusa was seated for Commissioner Mastrandrea. STAFF PRESENT: Thomas Sanders, Zoning Enforcement Officer (ZEO) and Marcia Vlaun, Town Planner. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER TONER to AMEND the Business Agenda to ADD under Old Business; Action items (item 8-1b): Kobyluck Sand & Gravel Inc.: accept as an amendment from the applicant to amend the application in accordance with the Stipulation for Judgment. Discussion was held. Voice vote. 7-0-1 Commissioner Pieniadz abstained (written notice attached hereto) MOTION CARRIED. MINUTES: Acceptance of the minutes from the Regular meeting of October 10, 2006. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER TONER to ACCEPT the minutes from the Regular Meeting of October 10, 2006. Voice vote. 8-0 All in favor. MOTION CARRIED. CORRESPONDENCE: Staff: Staff informed the Commission that she had received the following: 1. A request from Lockton Company to release the $250,000 bond Marianne Spector/Dolbeare Meadows; along with a response to them stating that it can’t be released until one year after acceptance by the Town Council which would make it eligible for release in April of next year. 2. Notice from FEMA relative to updating the Flood Insurance Maps and workshops to conduct research on the same. The Planner advised that she had attended a workshop this morning and that the updating is a three-year process. She also informed the Commission of an upcoming meeting on November 2nd relative to Stormwater Phase II that will be held in Norwich. 3. A letter from Attorney Heller withdrawing Stonehenge Pillars, LLC: An application for the modification of a fourteen lot Resubdivision (for phasing) in the Fawn’s View Resubdivision Project on the property located at 109 Lynch Hill Road, Montville, CT. As shown on Assessor’s Map 31 Lot 28. 4. Staff also advised the Commission of a Cease & Desist Order that was issued to Andrew Petrowski relative to conducting a construction business in a residential zone and construction of an accessory structure without a permit (Cove Road property). Commission: Chairman Marcus informed the Commission that he had received two items for the Commission to review CCMA newsletter and info from the Greater New Haven Chamber of Commerce. No other correspondence was received. NEW BUSINESS: Jeffrey Barberi: An application for a one (1) lot subdivision on the property located at 308 Butlertown Road, Montville, Ct. As shown on Assessor’s Map 1 Lot 5.Staff advised that this item is still before the Inland Wetlands Commission. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER TONER to CONTINUE Jeffrey Barberi: An application for a one (1) lot subdivision. Discussion was held. Voice vote. 8-0 All in favor. MOTION CARRIED. Stonehenge Pillars, LLC: An application for the modification of a fourteen lot Resubdivision (for phasing) in the Fawn’s View Resubdivision Project on the property located at 109 Lynch Hill Road, Montville, CT. As shown on Assessor’s Map 31 Lot 28. Applicant has WITHDRAWN. Liltan LLC/Timothy May: An application for a Resubdivision on the property located at 993 Old Colchester Road, Oakdale, Ct. As shown on Assessor’s Map 37 Lot 7. A MOTION was made by COMMISSIONER WOOD; SECONDED by COMMISSIONER MAJEWSKI to set the Public Hearing date on Liltan LLC/Timothy May for November 14, 2006. Voice vote. 8-0 All in favor. MOTION CARRIED. 2nd Family, LLC: An application for Site Plan Modification for the Montville Commons Project addressing the following items only: (1.) elimination of the existing fill detention basin to accommodate stormwater drainage and replacing the same with a cut detention basin and outfall piping to interconnect stormwater drainage from the Montville Commons Project to a 42" culvert which passes stormwater under Podurgiel Lane. (2.) Development and stabilization of a stormwater plunge pool located at the intersection of the northerly fill slope with the westerly fill slope of the Montville Commons Project. (3.) Approving the intermediate phasing plan for the conversion of the fill detention basin to the cut detention basin as a component to the permanent stormwater management plan for the Project located on the property at 2030 and 2040 Norwich-New London Turnpike (Route 32), and Route 32 and Podurgiel Lane, Montville, CT. As shown on Assessor’s Map 99 Lot 49, Map 103 Lot 1-A and Lot 1-B. Staff advised that this item is still before the Inland Wetlands Commission. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER TONER to CONTINUE 2nd Family, LLC. Commissioner Pieniadz advised that he had a conflict on this item and provided written notice of the same. Voice vote. 7-0-1 with Commissioner Pieniadz abstaining (written notice attached hereto) All in favor. MOTION CARRIED. Estate of Elisabeth Patricia Sheehan, Harry B. Heller, Executor: An application for a 1 lot subdivision on the property located at 52 Massapeag Road, Montville, Ct. As shown on Assessor’s Map 33 Lot 1. Staff read the Staff report dated October 24, 2006 into the record. Discussion was held. Attorney Harry Heller, representing the applicant explained why the one parcel was being broken off at this time. Discussion was held regarding re-subdivision vs. subdivision. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER TONER as follows: to APPROVE the Estate of Elisabeth Patricia Sheehan, Harry B. Heller, Executor: An application for a 1 lot subdivision on the property located at 52 Massapeag Road, Montville, Ct. As shown on Assessor’s Map 33 Lot 1 subject to the following conditions: 1. Conveyance documents to be reviewed and approved by the Town Attorney prior to the Chairman signing the plan 2. The remaining lands, as indicated on the plan, will be known as lot #1f and the existing house lot will be known as lot #1. Voice vote. 6-0-2 with Commissioners Baron and Siragusa abstaining. MOTION CARRIED. ZONING ISSUES: Stonehenge Pillars, LLC Cease & Desist Order status update. Update: Lynch Hill Road (Fawn’s View Subdivision). Commissioner Pieniadz advised the Commission that he had a conflict of interest (written notice attached hereto) and left the room. ZEO advised the Commission of the status of the project and the certification that is still needed for the retaining wall. He informed the Commission that he and the Town Engineer had met with the Developer, along with his Attorney and Engineer. Commissioner Pieniadz returned to the room. PUBLIC HEARINGS: Kobyluck Sand & Gravel Inc.: An application for a Special Permit for Excavation and Filling Operation (in excess of 500 cu. yards) on the property located at 170 Oxoboxo Dam Road, Oakdale, CT As shown on Assessor’s Map 45 Lot 3. Chairman Marcus read a letter dated 10/24/2006 from Attorney Lucas into the record. WITHDRAWN OLD BUSINESS: Discussion was held relative to the order of the agenda. 1. Action Items: Jason Lin and Howyee Fung: An application for Site Plan Review and Coastal Area Management Review for the conversion of an existing building to office and retail and the construction of an addition for an office and restaurant located on the property at 867 Norwich-New London Turnpike, Uncasville, CT As shown on Assessor’s Map 83 Lot 31. Staff requested guidance from the Commission in order to determine how to proceed with the plan review for this project. She advised the Commission that both she and the Town Engineer had done a preliminary review and had numerous concerns. Discussion was held. A MOTION was made by COMMISSIONER MAJEWSKI; SECONDED by COMMISSIONER BARON to direct staff to return the site plan (presented tonight,)back to the applicant with the (site plan review) standard checklist and to request that they conform to the checklist before the Commission takes any action. Discussion was held. Voice vote 8-0 All in favor. MOTION CARRIED. b) Kobyluck Sand & Gravel Inc.: accept as an amendment from the applicant to amend the application in accordance with the Stipulation for Judgment. Commissioner Pieniadz advised the Commission that he had a conflict of interest (written notice attached hereto) and left the room. Special Counsel for the Commission, Attorney Ronald Ochsner informed the Commission that the case was finally resolved and of the Stipulation for Judgment that was entered into. He gave the Commission information relative to the key conditions of the Stipulation. He further informed the Commission of the critical components of the Stipulation for Judgment which include that the current bond held by the Town remain in place and that the final closure date would be November 30, 2010. A MOTION was made by COMMISSSIONER MAJEWSKI; SECONDED by COMMISSIONER FERRANTE that the Montville Zoning & Planning Commission extend the current Special Permit for Kobyluck Sand & Gravel Inc., Daniel W. Kobyluck, and Maureen Kobyluck, Special Permit, to the date of November 30, 2010, in accordance with the provisions of a Civil Judgment entered before Superior Court Judicial District Norwich Docket #CV 05 41001342S on October 24, 2006 Discussion was held. Roll call vote. Commissioners voted in favor as follows: Majewski, Toner, Baron, Marcus, Ferrante, Wood, and Siragusa. Commissioners opposed: none. 7-0-1 with all Commissioners voting favorably except for Commissioner Pieniadz who was still out of the room and abstained. MOTION CARRIED. Items Not Ready For Action: 2nd Family, LLC/Stop & Shop: An application for Site Plan Modifications relative to a bank pad (on the Stop and Shop lot) for the Montville Commons project located on the property at 2020, Norwich New London Turnpike, (Route 32) Uncasville, CT. As shown on Assessor’s map 99 Lot 45a. A MOTION was made by COMMISSIONER MAJWESKI; SECONDED by COMMISSIONER TONER to CONTINUE (2nd Family, LLC/Stop & Shop). Voice vote. 7-0-1 (Commissioner Pienidaz abstained – written notice attached hereto) MOTION CARRIED. OTHER BUSINESS TO COME BEFORE THE COMMISSION: Preliminary Budget discussion. Discussion was held regarding engineering fees paid out vs. having an in-house Town Engineer. Staff advised that around $15,000 will be needed for updating the POD. The Commission was reminded that their comments regarding the Revised Road Standards are due at next month’s meeting and also that elections are going to be held next month. EXECUTIVE SESSION: For discussion of pending litigation (Town of Montville Planning & Zoning Commission v. Kobyluck, et al Docket #CV 05 41001342S). Executive session was not held. ADJOURN: COMMISSIONER MAJEWSKI made a MOTION to ADJOURN. The meeting adjourned at 8:40 p.m. Respectfully submitted, Judy A. LaRose Recording Secretary AN AUDIO RECORD OF THE MEETING IS ON FILE IN THE MONTVILLE TOWN CLERK’S OFFICE