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HomeMy WebLinkAbout12-13-05 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 December 13, 2005 CHAIRMAN, GREGORY MAJEWSKI called the December 13, 2005 Meeting of the Montville Planning & Zoning Commission to order at 7:00 pm. (*Recording Secretary arrived at 7:45 p.m. – notes taken from the tapes) Commissioner Marcus acted as Commission secretary. COMMISSION MEMBERS PRESENT: COMISSIONERS MAJEWSKI, WOOD, MASTRANDREA, MAY, MARCUS, BARON, PIENIADZ, and POLHEMUS. COMMISSION MEMBERS ABSENT: COHEN, and FERRANTE STAFF PRESENT: Marcia Vlaun, Town Planner and Thomas Sanders, Assistant Planner/Zoning Enforcement Officer. Chairman Majewski seated the following: Alternate Commissioner Pieniadz for Commissioner Ferrante. MINUTES: The Commission said that they hadn’t received a copy of the previous minutes by email so they will vote on them next month. CORRESPONDENCE: Staff: 1.) The Town Planner informed the Commission that she had received, from the Town of Salem, information regarding a change to their regulations regarding excavations. Commission: Chairman Majewski reported that he had received a few items 1. Letters from the Town Council regarding Commissioner Baron and Commissioner Polhemus announcing their reappointment to the Commission with a term expiring November 2009 and thank you notes to both Commissioner Clark-Wilson and Commissioner Tryon. He also received a notice from Municipal Management regarding their website. Commissioner Marcus also received a letter regarding his reappointment to the council. Also, Commissioner Baron inquired about the SCOG Regional Transportation Plan. NEW BUSINESS: Walnut Hill Properties, LLC: An application for a Site Plan modification for the property located off Daisy Hill Drive, Birch Terrace and Maiville Drive As shown on Assessor’s Map 11 Lot 34, Map 11 Lot 2-A13, Map 4 Lot 8. Staff asked that the Commission refer to their staff report. Staff informed the Commission that this was before the Commission a few years ago and that this application is for a modification for the relocation of hole 2 which now would lie totally in Montville. The Wetlands Commission has approved it. The only change that she suggested was that the applicant make is a change to the original site plans (sheets R-1, SP-1 and SP-2) to show the relocation of hole 2 and the Construction and E&S narrative should be revised to show the construction of hole 2. A MOTION was made by COMMISSIONER MAY to APPROVE the revised hole #2 with the information transferred to the original site plan as follows: Revise sheet R-1 Routing Plan, Sheet SP-1 Grading & Soil Erosion Plan and sheet SP-2 Planting Plan and the revision to the Construction and E&S Narrative revised to reflect the construction of hole 2; SECONDED by COMMISSIONER WOOD. Voice vote All in favor 8-0 MOTION CARRIED. Roy Archambault: An application for a Site Plan review for the construction of a warehouse on the property located at 1404 Route 85, Chesterfield, CT. As shown on Assessor’s Map 6 Lot 1. Staff informed the Commission that the applicant is still waiting for clearance from the State Health Department. A MOTION to CONTINUE to the next meeting was made by COMMISSIONER BARON; SECONDED by COMMISSIONER POLHEMUS. Voice vote All in favor 8-0 MOTION CARRIED. 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. A MOTION was made by COMMISSIONER MAY to set the Public Hearing date for January 24, 2006: SECONDED by COMMISSIONER PIENIADZ. Voice vote All in favor 8-0 MOTION CARRIED. ZONING ISSUES: Zoning Officer’s Report: The ZEO reported to the Commission on his recent inspections and ZBA activity Fruitful Harvest Ministries: An application for a Zoning Permit on the property located at 505 Old Colchester Road, Uncasville, CT. As shown on Assessor’s Map 16 Lot 8. The ZEO advised the Commission that this is on the old 77 Club property. The church is looking to lease out some space to a title search company. The Commission held a discussion relative to the issue, but wanted to take a month to digest the information. A MOTION was made by COMMISSIONER PIENIADZ to CONTINUE the matter until the first meeting in January 2006 and at that point in time the Commission will rule on the accessory use; SECONDED by COMMISSIONER MAY. Voice vote.7-0-1 with Chairman Majewski abstaining. MOTION CARRIED. Continuation of Zoning Issues: The ZEO informed the Commission that a letter was received re: Cedar Road abandonment. The ZEO investigated the current ownership of the properties (eleven separate lots) and until such time as the three parties get a new survey and new deeds to combine the parcels to make them less non-conforming they still need to have frontage on Cedar Road. Discussion was held regarding the abandonment of the road and procedures relative to an §8-24 review. Further discussion was held relative to the procedures involved with §8-24 reviews and Staff suggested that before Public Works subcommittee refers any to P&Z, they should refer it to the Town Attorney and a title search should be done prior to the §8-24 review. Discussion was held relative to the proper combination of lots within a deed and survey. The ZEO will forward the information to the Public Works subcommittee. Next zoning issue is Devine Hydraulics Old Colchester Road. The property pre-existing non-conforming and is located in WRP-160 zone. The ZEO explained to the Commission that he is looking to expand his existing business to 28,500 square feet. Discussion was held regarding the statutory regulation that does not allow for expansion of non-conforming use by more than 50% of the floor space. Brian Devine informed the Commission that he wants to stay on his site in Montville and he gave them an overview of his proposal. The Commission held discussion of the possible expansion and had concerns with an industrial expansion in a residential zone. (*Recording Secretary arrived at 7:45 p.m.) (Tape 1 of 2 count 1707). The Commission’s overall opinion was that even though they would like Mr. Devine’s business to remain in Montville, they couldn’t grant a waiver of the larger than 50% expansion rule since the expansion was larger than 50 % of the existing non-conforming use. c) Montville Commons update. The Town Planner informed the Commission of the recent activity on the Montville Commons project and asked the Commission for their opinion as to how they would like to proceed with the revisions that would be occurring to the design of the slope. Consensus of the Commission was that they wish to treat the slope re-design as a site plan modification and the developer would have to come back before the Commission for approval of that modification. PUBLIC HEARINGS: Roger Veins: An application for a Special Permit for gravel excavation in excess of 500 cu. yards. (Section 6.3.10) on the property located at 37 Fellows Road, Oakdale, CT As shown on Assessor’s Map 37 Lot 22A. Chairman Majewski opened the Public Hearing at 8:02p.m. No comments were received from the Public. Staff advised the Commission that there are numerous unresolved issues and that the applicant’s Engineer has asked for an extension. A MOTION was made by COMMISSIONER POLHEMUS; SECONDED by COMMISSIONER BARON to GRANT an extension of 35 days and to CONTINUE Roger Veins: An application for a Special Permit for gravel excavation in excess of 500 cu. yards. (Section 6.3.10) on the property located at 37 Fellows Road, Oakdale, CT to the next meeting. Voice vote. All in favor 8-0 MOTION CARRIED. Stonehenge Pillars, LLC/ D.C. Russ, Inc.: An application for a Site Plan Review for the creation of two interior lots in the Fawn’s View Resubdivision Project pursuant to the provisions of Section 4.15 of the Zoning Regulations on the property located at 109 Lynch Hill Road, As shown on Assessor’s Map 31 Lot 28. (see below) Stonehenge Pillars, LLC/ D.C. Russ, Inc.: An application for a Special Permit for a fourteen lot cluster subdivision in the Fawn’s View Resubdivision Project pursuant to the provisions of Section 17.11 of the Zoning Regulations on the property located at 109 Lynch Hill Road, As shown on Assessor’s Map 31 Lot 28. (see below) Stonehenge Pillars, LLC/ D.C. Russ, Inc.: An application for a fourteen lot Resubdivision in the Fawn’s View Resubdivision Project on the property located at 109 Lynch Hill Road, As shown on Assessor’s Map 31 Lot 28. (see below) (Tape 1 of 2 count 2606) Commissioner Pieniadz stepped down (written notice attached hereto) and left the room. Staff: Staff informed the Commission that the traffic engineer had suggested that the intersection be moved. There are some outstanding issues with geometry issues with Lot #1, and the plans need to go back to the Health District. Staff will be meeting with the Engineers for the project next week. Public: Against: Alfred Pittori of 93 Lynch Hill Road informed that Commission that he has lived there for 41 years and has concerns over some of the lots being less than 3 acres, when it appears that the developer could has enough property to make them all 3 acre lots. Mr. Pittori also voiced his concerns about the wetlands in the area. He told the Commission a history of the area. He went on to say that he disagrees with the lot 12 area and the pond south of lot 4 on the map. Andrew East of 105 Lynch Hill Road also spoke against the project. His concerns involve development of a cluster subdivision in an area that would support 3 acre lots. A MOTION was made to CONTINUE items 7b), 7c), and 7d), Stonehenge Pillars, LLC/ D.C. Russ, Inc, to the next regularly scheduled meeting by COMMISSIONER MAY; SECONDED by COMMISSIONER BARON. Voice vote. All in favor 7-0-1 (Commissioner Pieniadz abstained) MOTION CARRIED. Commissioner Pieniadz then returned to the meeting room. Sarah Bronson/Kim Bronson: An application for a Zone Change from R-80 to R-40 on the property located at 1499 Old Colchester Road, Oakdale, CT As shown on Assessor’s Map 105 Lot 38. Chairman Majewski opened the Public Hearing at 8:16 p.m. Staff entered into the record the following: Certified return receipts for the mailings. Copy of the application of Sarah Bronson. Copy of the Assessor’s Map showing location of the property. Enlarged Copy of the Assessor’s Map. Copy of Zone Change Evaluation Criteria used by the Planning & Zoning Commission. Copy of the 1499 Old Colchester Road Wetlands Map. Copy of the listing of names that the notice of hearing was sent to. Copy of the letter that was sent to the applicant dated 11/28/05 telling them of the hearing date. Copy of the legal notice that was published in The Day newspaper. Applicant: Kim Bronson of 421 Kitemaug Road spoke as agent for Sarah Bronson. He informed the Commission that his mother wants to subdivide the property for other family members to be able to build there. Commissioner Majewski read the Zone change criteria into the record. Commissioner Majewski told Mr. Bronson and the Commission that he had concerns with an “isolated zone change” and the courts stance on spot zoning. No public comment. A MOTION was made by COMMISSIONER; SECONDED by COMMISSIONER MAY to CONTINUE Sarah Bronson/Kim Bronson: An application for a Zone Change from R-80 to R-40 on the property located at 1499 Old Colchester Road, Oakdale, CT As shown on Assessor’s Map 105 Lot 38 for December 13, 2005. Voice vote. All in favor. 8-0 MOTION CARRIED. The Commission took a break at 8:25 p.m. and returned at 8:37 p.m. OLD BUSINESS: Natures Art: Site plan review on the property located at 1659 Route 85, Oakdale, CT. As shown on Assessor’s Map 11 Lot 2A. Staff reported that Nature’s Art had been held up by State Health Dept. comments, but that they had now approved the project. Staff never had any issues with the proposal. A MOTION was made by COMMISSIONER MAY; SECONDED by COMISSIONER POLHEMUS to APPROVE Natures Art. Voice vote. 8-0 All in favor. MOTION CARRIED. James Radgowski & Paul Botchis: An application for a Site Plan Review for a Laundromat on the property at 301 Route 163, Montville, CT As shown on Assessor’s Map 82 Lot 64. Staff informed the Commission that she and Commissioner Ferrante, along with John DeCastro from District II, DOT and the applicant and his engineer had previously met in the field and a workable solution was arrived at. The Commission held discussion regarding parking on Route 163, parking in the rear of the buildings and the need for a permanent easement. Staff informed the Commission that parking will be allowed on Route 163 the same as it is now. Staff informed the applicant of the timeline for the waterline installation and reminded them that if the waterline doesn’t go through, then water treatment/filtration will be needed for the well. A revised plan will need to be submitted to the Commission. The applicant informed the Commission that the plans are in the process of being revised right now. A MOTION was made by COMMISSIONER POLHEMUS; SECONDED by COMISSIONER PIENIADZ to CONTINUE Radgowski & Bothchis site plan review to the next regularly scheduled meeting .(Tape 2 of 2 count 674)Voice vote. 8-0 All in favor. MOTION CARRIED. Bruce Grisafe: An application for a site plan review for an addition to the existing building on the property located at 326 Butlertown Road, Oakdale, CT As shown on Assessor’s Map 32 Lot 5. Staff advised the Commission that comments were still outstanding, but that they are being worked on by the applicant. A MOTION was made by COMMISSIONER BARON; SECONDED by COMMISSIONER MAY to CONTINUE Bruce Grisafe: An application for a site plan review for an addition to the existing building on the property located at 326 Butlertown Road, Oakdale, CT until the next meeting. .Voice vote. All in favor. 8-0 MOTION CARRIED. OTHER BUSINESS TO COME BEFORE THE COMMISSION: Election of Officers. Nominations came from the floor and the election was held. The slate of officers is as follows: Chairman - Alan Marcus Vice-Chairman – Bart Ferrante Secretary – Greg Majewski. (Tape 2 of 2 count 787)The Commission decided to cancel their workshop meeting for 12/20/05 and asked that the meetings be set up for the third Tuesday each month until the revision of the regulations are completed. Commissioner Pieniadz thanked Staff for the newly revised “Staff Reports”. ADJOURN: A MOTION to ADJOURN was made by COMMISSIONER POLHEMUS. The meeting adjourned at 9:35p.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