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Home My WebLink AboutPZC Minutes (8-24-04) 1 TOWN OF MONTVILLE PLANNING & ZONING COMMISSION 310 NORWICH NEW LONDON TPKE PHONE (860) 848-8549 Fax (860) 848-2354 UNCASVILLE, CT. 06382 MINUTES AUGUST 24, 2004 COMMISSIONER FERANTE called the August 24, 2004 meeting of the Montville Planning & Zoning Commission to order at 7:00 pm. Present were COMMISSIONERS FERRANTE, CLARK-WILSON, POLHEMUS, MAY, MARCUS, WOOD, TRYON, and BARON. Absent were COMMISSIONERS MAJEWSKI and COHEN. MINUTES: A MOTION was made by COMMISSIONER BARON, SECONDED by COMMISSIONER CLARK-WILSON to accept the minutes of the July 27, 2004 meeting. All in favor. MOTION CARRIED. MINUTES APPROVED. A MOTION was made by COMMISSIONER TRYON, SECONDED by COMMISSIONER CLARK-WILSON to accept the minutes of the August 18, 2004 special meeting. All in favor. MOTION CARRIED. MINUTES APPROVED. CORRESPONDENCE: Planner reported that the Finance Director needs to have Capital Improvement information provided to her office by Sept. 8th. Town Planner Marcia Vlaun reminded the Commission that the DEP has scheduled a public hearing on August 25th @ 6:00 p.m. at Montville Town Hall for Kobyluck Air Quality Permit. Attorney Ochsner will be representing the Commission at this proceeding. NEW BUSINESS: a. Lombardi Gravel & Excavation, LLC: An application for a 19 lot Subdivision located on the property between Route 85 and Butlertown Road, Oakdale, CT. As shown on Assessor’s Map 5 Lots 27, 27A & 28. A MOTION was made by COMMISSIONER CLARK-WILSON, SECONDED by COMMISSIONER WOOD to schedule a Public Hearing for SEPTEMBER 14, 2004 All in favor. MOTION CARRIED. b. Lombardi Gravel & Excavation, LLC: An application for a Special Permit for a proposed rock crushing operation located on the property located at Route 85 and Butlertown Road, Oakdale, CT. As shown on Assessor’s Map 5 Lots 27, 27A & 28. A MOTION was made by COMMISSIONER CLARK-WILSON, SECONDED by COMMISSIONER WOOD to schedule a Public Hearing for SEPTEMBER 14, 2004 All in favor. MOTION CARRIED. c. Jambor Family Properties LLC: An application for a Special Permit to construct a 7 unit multifamily development and related site improvements on the property located at 1985 Norwich New London Tpke, Uncasville, Ct. As shown on Assessor’s Map 99 Lot 60. A MOTION was made by COMMISSIONER CLARK-WILSON, SECONDED by COMMISSIONER TRYON to schedule a Public Hearing for SEPTEMBER 28, 2004 All in favor. MOTION CARRIED. d. Thomas & Helen Johnson: An application for a two lot re-subdivision on the property located at 974 Route 163, Oakdale, Ct. As shown on Assessor’s Map 46 Lot 8a. A MOTION was made by COMMISSIONER MAY SECONDED by COMMISSIONER WOOD to schedule a Public Hearing for SEPTEMBER 28, 2004 All in favor. MOTION CARRIED. e. Roger Viens: An application for a Special Permit for Gravel Excavation in excess of 500 cubic yards on the property located at 37 Fellows Road, Oakdale, CT. As shown on Assessor’s Map 37 Lot 27A. Staff reported that the applicant has submitted an application without any plans and submitted the application using 1991 drainage calculations. Commissioner Clark-Wilson raised a point of order by stating that the Commission has to accept the 2 application even if it is incomplete. A MOTION was made by COMMISSIONER CLARK-WILSON, SECONDED by COMMISSIONER MAY to schedule a Public Hearing for SEPTEMBER 28, 2004 All in favor. MOTION CARRIED. ZONING ISSUES: a. Susan Kaye: An application for a declaratory ruling on four existing apartment units located on the property at 1744-1746 Route 85, Chesterfield, Ct. As shown on Assessor’s Map 11 Lot 2. The Zoning Enforcement Officer/Assistant Planner reported that the Mayor has phoned the Town Attorney, Michael Carey and asked that the agreement that the commission had previously requested from him, be expedited. The Planner briefly refreshed the Commission of the issues involved. A MOTION was made to postpone until September 14, 2004 by COMMISSIONER TRYON and SECONDED by COMMISSIONER MAY. All in favor. MOTION CARRIED. b. Jeffrey Doe & Barry Doe: An application for a Home Occupation Permit for a driveway sealcoating business located on the property at 485 Old Colchester Road, Uncasville, CT. As shown on Assessor’s Map 16 Lot 9. The applicants are in the process of changing their request for the proposed use on the property. No action is required. c. Dmitri Rutkowski: An application for a Home Occupation Permit for a landscaping business located on the property at 29 Maple Avenue, Uncasville, Ct. As shown on Assessor’s Map 73 Lot 42. A MOTION was made by COMMISSIONER CLARK-WILSON, SECONDED by COMMISSIONER WOOD to approve the Home Occupation Permit for Dmitri Rutkowski at 29 Maple Avenue. All in favor. MOTION CARRIED. PUBLIC HEARINGS: None OLD BUSINESS: a. Second Family, LLC: An application for a Site Plan review on a 280,000 S.F. +/- retail project with proposed restaurant facilities, including garden center and associated parking and infrastructure on the property located at 1932-2016 Route 32, Uncasville, Ct. As shown on Assessor’s Map 99, Lots 45, 45a, 49, 50, 51 and 52 b. Executive Park, LLC: An application for a Site Plan modification to construct a 163 room Hotel, 5,000 SF Restaurant and 3,500 Bank building with drive-thru lane on the property located at 2049 Route 32, Uncasville, Ct. As shown on Assessor’s Map 104 Lot 39 c. Randall Gerovitz: An application for construction of a 12,000 SF building and parking for a cheerleading training facility located on the property at 1404 Route 85. As shown on Assessor’s Map 6 Lot 1 A MOTION was made to postpone the above-noted items, Second Family, LLC, Executive Park, LLC and Randall Gerovitz, items a., b., and c., to September 14, 2004 by COMMISSIONER TRYON AND SECONDED BY COMMISSIONER WOOD. All in favor. MOTION CARRIED. d. Administrative Rules for Submission: The Planner advised the Commission that there were some changes that were needed to the Rules and Procedures of the Planning & Zoning Commission in order for the Department to be more productive. A MOTION was made by COMMISSIONER MAY, SECONDED by COMMISSIONER CLARK-WILSON to revise the Rules and Procedures as follows: ARTICLE VII. MEETINGS Revise the last sentence in the first paragraph: Applications must be submitted to the Commission staff fourteen (14) days prior to the Commissions’ next regularly scheduled meeting. Plan revisions must be submitted to the Commission staff fourteen (14) days prior to the Commissions’ next regularly scheduled meeting. The date of receipt will be deemed to be the earlier of (1) the day of the next regularly scheduled meeting of the Commission after the date that the application is submitted; or (2) thirty-five (35) days after the application is submitted. The application can only be withdrawn, in writing, by the property owner or the property owner’s authorized representative. Effective 9/01/04. . All in favor. MOTION CARRIED. OTHER BUSINESS TO COME BEFORE THE COMMISSION: A MOTION was made by COMMISSIONER CLARK-WILSON and SECONDED by COMMISSIONER MAY to move Agenda item 8b (Conceptual review) to be heard before item 8a (executive session). All in favor. MOTION CARRIED. 3 Agenda item 8b.: Conceptual Plan Review of Mixed Use Subdivision off of Woodland Drive: The Planner presented the Commission with a concept drawing of a possible cluster/condominium/apartment mixed-use development to get a general idea of their feelings toward it. There is no current application pending before the Commission; the developer was just looking for some ideas. Generally, the Commission felt that the plan was a good one and that the area currently has mixed use so it could support the plan. Agenda item 8a.: Executive Session - Re: Pending Litigation. A MOTION was made by COMMISSIONER CLARK-WILSON to enter into Executive Session regarding pending litigation SECONDED by COMMISSIONER BARON. All in favor. MOTION CARRIED. The Commission entered into Executive Session at 7:55 p.m. and returned from Executive Session at 8:15p.m. Commissioner Clark-Wilson reported that no votes were taken. COMMISIONER CLARK-WILSON made a MOTION to instruct the Zoning Enforcement Officer/Assistant Planner, to go with the legal action re: Bolles, stated in the April 8, 2003 letter to Mr. Sanders from Attorney Andrew Brand of Suisman, Shapiro, et al, and to follow the Attorney’s recommended procedure. Motion was SECONDED by COMMISSIONER MAY. All in favor. MOTION CARRIED. Adjourn: A MOTION was made by COMMISIONER CLARK-WILSON, SECONDED by COMMISSIONER MAY to adjourn. All voted in favor. MOTION CARRIED. Meeting adjourned at 8:18 p.m. Respectfully submitted, Judy A. LaRose Secretary