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Town of Montville Planning and Zoning Commission
Public Hearing/Regular Meeting Minutes May 24, 2022
1. Call to Order: Chairperson Lundy called the meeting to order at 6:00 p.m.
2. Pledge of Allegiance.
3. Roll Call. Present were Commissioners Lundy, Siragusa, Desjardins, Longton, Pike, Poole,
Duchesneau and Estelle until 7:09 p.m. Also present were Planning Director, Liz Burdick
and ZEO/WEO, Tiffany Williams. Absent was Commissioner Kobyluck.
4. Public Hearings/Applications:
a. Public Hearing: PZ#22 SUB 1 – 82B Pires Drive (M/B/L 038-050-006) Oakdale, CT -
Applicant/Owner: Chestnut Ridge, LLC – Agent: Attorney Harry Heller for 1-Lot
Resubdivision to create 2 lots. (Submitted 4/6/22, Date of Receipt 4/26/22, PH must open by
6/30/22 – PH set for 05/24/22). Chairperson Lundy opened the Public Hearing at 6:02 p.m.
The Planning Director entered the following exhibits into the record:
1. Application and Plans titled “Resubdivision Plan, Prepared for Chestnut Ridge,
LLC, #82B Pires Drive & Simpson Lane, Montville, Connecticut, Prepared by
Advanced Surveys, LLC, Dated February 08, 2022”
2. Uncas Health Comments dated 4/14/2022
3. Favorable Report from the IWC dated 4/22/22
4. Planner Comments dated 4/26/22
5. Public Hearing Notice published in The Day Newspaper on May 13th & 20th,
2022
6. Public Hearing Notice posted to Town of Montville Website on May 11, 2022
7. Planner Comments dated 5/13/22
8. Applicant Comments dated 5/18/22
9. Revised Plans titled “Resubdivision Plan, Prepared for Chestnut Ridge, LLC,
#82B Pires Drive & Simpson Lane, Montville, Connecticut, Prepared by Advanced
Surveys, LLC, Dated February 08, 2022” Revision date 5/2022
10. Planner Comments dated 5/23/22
The Planning Director read her staff report. Atty. Harry Heller spoke on behalf of the
applicant. Chairperson Lundy asked three times if there was anyone from the public who
would like to speak in favor of or opposition to this application. There were none.
Motion (Siragusa/Desjardins) to close the public hearing at 6:12 p.m. ALL in FAVOR
8-0-0 Motion Carried
b. Discussion & Decision: PZ#22 SUB 1 – 82B Pires Drive (M/B/L 038-050-006) Oakdale,
CT, Applicant/Owner: Chestnut Ridge, LLC - Agent: Attorney Harry Heller for 1-Lot
Resubdivision to create 2 lots. (DRD 35 days from close PH). Discuss was held. Motion
(Poole/Desjardins) to APPROVE Application PZ #22SUB2 for a 1-Lot resubdivision to
create one new lot in accordance with the Montville Zoning Regulations and the
application, supporting documentation and a plan set entitled “Resubdivision Plan,
Prepared for Chestnut Ridge, LLC, #82B Pires Drive & Simpson Lane, Montville,
Connecticut, Prepared by Advanced Surveys, LLC, Dated February 08, 2022, Revised to
5/22/22” with the following condition:
1. Prior to the endorsement of the mylars for filing, the Applicant shall submit a copy
of the “Third Amendment to the Declaration of Chestnut Ridge”, which will add the new
lot and shall be filed on the land records with the subdivision plan.
2. Prior to the signature of the Chairman the applicant shall submit digital data to the
office as required by Section 3.9 of the Subdivision Regulations
3. Final plans shall be signed and sealed by Licensed Land Surveyor.
ROLL CALL VOTE All in FAVOR 8-0-0 Motion Carried
5. Old Business:
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a. 22 SITE 1- 82 Jerome Rd, 15 Jerome Ave, 232 Norwich-New London Turnpike,
(M/B/L 069-042-000, 069-051-000, 069-061-000), Uncasville, CT,
Applicant/Owner: Village Apartments, LLC and Connecticut Multifamily Equities II,
LLC - Agent: Attorney Harry Heller for three (3) proposed new Multi-Family
Buildings for 160 Dwelling Units and associated site improvements. (Date of Receipt
1/25/22. Orig. DRD 3/30/22. Tabled from 3/22/22 to 4/26/22 meeting w/27-day ext. Tabled from
4/26/22 to 5/24/22 meeting w/27-day ext.). The Planning Director read her staff report.
Atty. Harry Heller and Seamus Moran, P.E. from Loureiro Engineering
Associates spoke on behalf of the applicant. Discussion was held. Motion
(Desjardins/Longton) to APPROVE PZ #22 SITE 1- 82 Jerome Rd, 15 Jerome Ave,
232 Norwich-New London Turnpike, (M/B/L 069-042-000, 069-051-000, 069-061-
000), Uncasville, CT, Applicant/Owner: Village Apartments, LLC and Connecticut
Multifamily Equities II, LLC - Agent: Attorney Harry Heller for three (3) proposed
new Multi-Family Buildings for 160 new dwelling units for a total of 214 dwelling
units, and associated site improvements in accordance with the application, supporting
documentations and a plan entitled: “Site Development Plan, Village Apartments –
Phase III, New Multi-family Apartment Buildings, 15 Jerome Avenue, 82 Jerome Road
and 232 Route 32, Prepared by Loureiro Engineering Associates, Dated March 11, 2021,
Revised to 05/24/22” with the following conditions:
1. The lot line adjustment (merger) plan shall be filed on the Land Records in the
office of the Town Clerk prior to issuance of a zoning permit to start work and the
address of the properties when merged shall be coordinated with the Montville Tax
Assessor.
2. The Parking Plan/Narrative dated November 15, 2021 and the May 24, 2022
revised Parking Narrative, reviewed & approved by the Town Engineer on 5/24/22, shall
be part of this approval.
3. The final revised plan sets, along with a digital copy of the final plan, shall be
submitted to the Planning Dept. & shall be signed and sealed by P.E., LS and CSS prior
to the issuance of zoning permit to start work.
4. Before construction of the project commences, the project will further require (i)
OSTA (Office of the State Traffic Authority) permit for a major traffic generator; and
(ii) DEEP (Dept. Energy Environmental Protection) registration under the Connecticut
General Permit for the Discharge of Stormwater and Dewatering Wastewaters from
Construction Activities.
5. Applicant shall comply with all requirements of Uncas Health District and the
Montville WPCA, Fire Marshal and Building Official during project construction.
6. On-site rock/materials processing requires a zoning permit reviewed & approved
by the Zoning Official per ZR Section 4.11.11/4.11.11 5 (Excavations/Processing –
Requirement for Res. Zones) prior to start.
7. Prior to issuance of a zoning permit to start work, a soil erosion & sediment
control bond shall be posted in the amount of $106, 230 in a form acceptable to the
Finance Director.
8. An approved zoning permit is required prior to the start of any work.
ROLL CALL VOTE All in FAVOR 7-0-0 Motion Carried
b. 22 SITE 3 – 612 Route 82 (M/B/L 058-009-00A) Oakdale, CT - Applicant: Oakdale Food
Stop - Owner: Leemilts Petroleum, Inc. for proposed Gas Station/Convenience Store
Renovation & Addition and associated site improvements. (Submitted 2/8/22. Date of Receipt
2/22/22. Orig. DRD 4/28/22. Tabled from 3/22/22 to 4/26/22 meeting w/27 day ext. Tabled from
4/26/22 to 5/24/22 meeting w/29-day ext.). Motion (Desjardins/Longton) to remove from
Table, All in Favor 7-0-0 Motion Carried
The Planning Director read her staff report. Discussion was held. Motion
(Desjardins/Longton) to APPROVE Application# PZ 22 SITE 3 – 612 Route 82
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(M/B/L 058-009-00A) Oakdale, CT - Applicant: Oakdale Food Stop - Owner: Leemilts
Petroleum, Inc. for proposed Gas Station/Convenience Store Renovation & Addition
and associated site improvements in accordance with the application, supporting
documents and a plan entitled: “Property Survey, Prepared for Leemilt’s Petroleum,
Inc., 612 Norwich-Salem Turnpike (Route 82), Oakdale (Montville), CT, Sheet S-1,
Dated 2/4/2020” and “Leemilt’s Petroleum, 612 Norwich-Salem Turnpike (RT 163/82),
Oakdale, CT, Prepared Freeman Companies, Sheets C-101-C-104 Dated 11/4/21 and
Sheets A1, 2, 5, & 6, Dated 10/23/2020, Revised May 10, 2022” with the following
conditions:
1. The finished side of the proposed stockade fence, to be extended along
contiguous residential property lines up to existing light poles, shall face the residential
properties
2. Any existing lighting attached to the roof of the canopy shall be removed and no
new lighting shall be installed.
3. The Applicant shall comply with all of the requirements of Uncas Health District
in its memo dated May 18, 2022.
4. Property lines and clearing limits shall be clearly defined and flagged and the
ZEO and/or the Planning Director shall conduct an inspection prior to the start of any
work.
5. Final plan shall be revised as follows:
1. Show canopy drainage; 2. Show revised location of level spreader pulled back further
from the property line; 3. Revise Zoning Compliance Table to show 50’ side yard
setback to residential zone in addition to C-1 side yard setbacks and revise plan set to
show 50’ setback form all residential property lines; 4. Show benchmark;
6. Final revised plan sets, along with a digital copy of the final plan, shall be
submitted to the Planning Dept. & shall be signed and sealed by P.E., LS and CSS.
7. A separate zoning permit for any proposed new or replacement signage,
including freestanding, building mounted, canopy or pump signage shall be submitted
for review & approval of the Zoning Official.
8. Areas of the site with disturbed soils due to soil testing shall be stabilized with
loam and seed.
9. Applicant shall comply with State of CT DOT comments in its memo dated April
4, 2022.
10. Applicant shall comply with comments of the Fire Marshal dated 2/24/22
regarding smoke alarms.
11. Prior to issuance of a zoning permit to start work, a soil erosion & sediment
control bond shall be posted in the amount of $9,400 in a form acceptable to the Finance
Director.
12. An approved zoning permit is required prior to the start of any work.
13. After work has started, any substantive changes to the approved site plan require
review and approval by the Planning Director and/or the Planning & Zoning
Commission.
14. The ZEO must be contacted and a pre-construction meeting shall be held at least
24- hours prior to start of any work. Soil Erosion and Sediment Controls shall be
installed and inspected by the ZEO prior to the start of any work
15. Post-Construction Requirements as follows:
After construction is completed and accepted by the Owner, it shall be the responsibility
of the Owner to maintain all drainage structures as shown on Plan Details Sheet DN-6. In
addition, the following inspection and maintenance guidelines shall be the responsibility
of the Owner, beginning the first year period following construction completion and
acceptance, and shall be followed each year thereafter:
1. Inspect every six (6) months during the first year of operation and adjust the
Inspection Interval based on previous observations of sediment accumulation and high
water elevations.
2. Conduct jetting and vactoring annually or when inspection shows that maintenance
is necessary.
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3. Drainage and other Paved Areas: Inspect on a regular basis not to exceed weekly for
litter and debris. Sweep at least twice a year, with the first occurring as soon as
possible after first snowmelt and the second not less than 90 days following the first.
4. Catch Basin Sumps: Inspect semi-annually and cleaned when the sump is one half full
of silt and/or debris.
5. Landscaped Areas: Inspect semi-annually for erosion or dying vegetation. Repair and
stabilize any bare or eroded areas and replace vegetation as soon as possible.
ROLL CALL VOTE All in Favor7-0-0 Motion Carried
c. 22 PZ 1 – Affordable Housing Plan Application of Montville Planning & Zoning
Commission for 2022 Proposed Town of Montville Affordable Housing Plan (Tabled
from 4/26/22 meeting. DRD – N/A PZC Application).Motion (Desjardins/Longton) to move
before item 5a. All in Favor 7-0-0 Motion Carried
Amanda Kennedy spoke about the revisions made to the Draft Affordable Housing Plan.
She indicated that she had received comments from Commissioners Poole and Siragusa
and had a meeting with Chairperson Lundy. Based on their comments the plan was
updated by adding additional supporting documentation, providing more information on
rental conditions and home ownership, clarification of data- which included where the
data came from, and additional information on mobile homes in relation to CGS-8-30g
and what would qualify and what would need to be done to add them to the 8-30g
inventory. She indicated that an affordability requirement would be needed as part of the
deeds for lease agreements for mobile homes. She also indicated that a change was
made to 1st page of document with information from the Department of Housing and
Redevelopment on what income levels households need to be under in order to qualify
for affordable housing, the Connecticut General Statutes were moved into one section, a
Community Value statement was added, the action plan was reformatted into a table and
at the end of plan principals and goals were added. Principals included statements about
Montville that are consistent with the Plan of Conservation and Development (POCD).
The goals included to qualify for an 8-30g moratorium and to determine the housing
type needs and how Montville will incentivize or participate in their production.
Discussion was held on the moratorium documentation. Ms. Kennedy explained the
process of how the data needed to be submitted to the state and that if did not meet the
requirements of the state the Town would be not be considered in non-compliance but
instead would just not be not exempt from CGS-8-30g. She explained that if don’t have
an exemption then an application that comes before the Commission with at least 30%
affordable housing units has to be approved unless the Commission finds health and
safety issues that would be the cause for the denial. The developer can appeal the
decision and will win unless the Town has a strong case.
Atty. Harry Heller explained CGS 8-30g per the request of the commission. He
indicated that 15% of the housing units in the development must be available to people
at or below 60% of the adjusted household income and another 15% has to be made
available for the 60%-80% of the medium household income. He indicated that 8-30g is
not low income housing it is workforce housing. Under 8-30g, when an application
comes before the Commission, the zoning regulations are not applied. The Commission
reviews that application to see if any health, safety or welfare issues outweigh the need
for affordable housing in CT. The only reason an 8-30g application can be denied is if
the commission makes findings on the record that there health, safety or welfare issues
that outweigh the need for affordable housing in the Town. The denial can be appealed
and it’s the Commission’s burden to show the court that the issues outweigh the need for
the affordable housing.
Discussion was held on the different housing types and why a housing type study would
be a goal for the Town. This included housing for elderly residents which Ms. Kennedy
explained was a growing issue in the region. Options for existing senior residents, who
want to stay in town, are not always available and therefore they must look at other
towns to relocate to. Commissioner Siragusa agreed, but thought that the Town could
offer a tax break to all seniors and this would help people come to Montville.
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Discussion was held regarding the action plan and responsible entity for
implementation, any changes that may need to be made to the zoning regulations and
clarification of mobile manufactured homes. Ms. Kennedy explained how in some towns
it is the Board of Selectmen or other entity and one of the recommendations is to create
an Affordable Housing Committee or subcommittee and stated how the POCD
referenced some changes required by Public Act 21 including number of parking spaces
for residential units. Ms. Kennedy explained that she will come back with additional
information regarding mobile manufactured homes and add a definition to the plan.
Motion (Desjardins/Longton) to table application and set a Public Hearing for June 28,
2022. All in Favor 7-0-0 Motion Carried
6. New Business:
a. 22 SITE 4 – 53 Caroline Rd. (M/B/L 059-007-000) Oakdale, CT – Applicant: Tilcon
Connecticut, Inc. – Owner: Tilcon Minerals, Inc. - Agent: Attorney Harry Heller for site
plan renewal per Special Permit Renewal application #217SP2, dated 5/23/17 for
continuation of earth products excavation and processing operation, including the
manufacture of bituminous concrete and concrete. (Submitted 5/11/22. Date of Receipt 5/24/22.
DRD 7/28/22). The Planning Director read her staff report. Atty. Harry Heller spoke on
behalf of the applicant. Discussion was held. Motion (Duchesneau/Desjardins) to
APPROVE Application PZ#22SITE4 53 Caroline Road, Montville, CT in accordance
with the application, supporting documents, including “Narrative, Updated to May 5,
2022” and a plan entitled “Site Development Plan Prepared For Tilcon Connecticut, Inc.
Caroline Road Montville, Connecticut Boundary and Existing Conditions Sheets 1 thru 3
of 6, Grading Sheets 4 thru 5 of 6, and Erosion & Sediment Control Details Sheet 6 of 6
Prepared by CHA dated 4/28/2022 with the following conditions:
1. In no event shall actual excavation operations be commenced with respect to any
activity for which a permit is granted under this application until such time as the
Zoning Enforcement Officer, at least 15-days prior, has inspected and approved the
instillation of soil erosion and sediment controls measures in each successive phase.
2. The following shall be revised in the narrative and the plan:
A. Application Narrative:
- Overview – paragraph 1. Revise to show the correct date of the revision of the
Zoning Regulation to October 15, 2018 (v. May 18, 2020).
- General Procedure - Note #8, 10 & 11 - Revise to add “at least twice” before the
word weekly per 2017 special permit renewal application.
- Soil Characteristics of the Subject Site – paragraph 6 (“wetlands soils”). Revise
to change the word “original” special permit (v. instant) and add “instant site plan
renewal” application.
B. Plan dated April 28, 2022, Revised to May 5, 2022:
- Page 6, Overview – paragraph 1. Revise to show the correct date of the revision
of the Zoning Regulation to October 15, 2018 (v. May 18, 2020).
- Page 6, General Procedures. Note #8, 10 & 11 - Revise to add “at least twice”
before the word weekly per 2017 special permit renewal application.
3. The existing bond in the amount of $42,150 shall remain in place.
4. The site plan renewal per the special permit is valid for a period of 5 years from
date of approval of the application
ROLL CALL VOTE All in FAVOR 7-0-0, Motion Carried
b. 22 SITE 5 – 125 Depot Rd (M/B/L 071-007-000) & 133 Depot Rd (M/B/L 071-001-000),
Depot Rd (M/B/L 071-013-000) and 55 Dock Rd (M/B/L 071-008-000), Uncasville, CT
– Applicant: Gateway Montville, LLC Owner: Uncasville LLC & Gateway Montville
LLC (Lessee) - Agent: Attorney Harry Heller for Redevelopment of Industrial Properties
for Phase I Bulk Material Storage & Handling Facility with Intermodal Capabilities and
Phase II Placement of Fill Material for Future Development. (Submitted 5/12/22. Date of Receipt
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5/24/22. DRD 7/28/22). The Planning Director read her staff report. Atty. Harry Heller and
David McKay, P.E., Boundaries, LLC spoke on behalf of the applicant. Discussion was
held. Motion (Longton/Pike) to table the application until the June 28, 2022. All in Favor
7-0-0 Motion Carried
c. 22 SUB 2 – Monahan Drive (M/B/L 023-003-000) from southerly terminus of Monahan
Dr. & easterly side of Swanty Johnson Rd., Uncasville, CT – Applicant/Owner:
Cornerstone Ventures LLC - Agent: Attorney Harry Heller for a 29 Lot Resubdivision.
(Submitted 5/18/22. Date of Receipt 5/24/22. PH must open by 7/28/22).
d. 22 SP 1 - Monahan Drive (M/B/L 023-003-000) from southerly terminus of Monahan
Dr. & easterly side of Swanty Johnson Rd., Uncasville, CT – Applicant/Owner:
Cornerstone Ventures LLC - Agent: Attorney Harry Heller for a Special Permit for a 29-
Lot Cluster Resubdivision (Submitted 5/18/22. Date of Receipt 5/24/22. PH must open by 7/28/22).
Both applications 22 SUB 2 & 22 SP 1 were discussed together. The Planning Director
read her staff report. Atty. Harry Heller spoke on behalf of the applicant. Discussion
was held. Motion (Poole/Longton) to table the application and set a Public Hearing for
June 28, 2022 for both Application 22 SUB 2 & 22 SP 1. All in Favor 7-0-0 Motion
Carried.
7. Zoning Matters. ZEO Report. Tiffany Williams, Zoning Enforcement Officer asked that the
commission members call or email her with any questions about her report.
8. Town Planner Report. Projects update. Liz Burdick, Planning Director gave an update on the
grants she is currently working on.
9. Other Business: None.
10. Correspondence. None
11. Minutes:
a. Motion (Longton/Siragusa) to accept the meeting minutes of the April 26, 2022 Regular
Meeting Minutes. All in Favor 7-0-0 Motion Carried.
12. Executive Session: None.
13. Adjourned: 8:28 p.m.