HomeMy WebLinkAbout3-27-07 P&Z minutesPlanning & Zoning Commission Minutes March 27, 2007
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DRAFT approved by the Commission on ______________
TOWN OF MONTVILLE
PLANNING & ZONING COMMISSION
310 NORWICH NEW LONDON TPKE
UNCASVILLE, CT. 06382
PHONE (860) 848-8549 Fax (860) 848-2354
MEETING MINUTES
March 27, 2007
December 13, 2005
CCHAIRMAN MARCUS GREGORY MAJEWSKI called the March 27, 2007December 13, 2005 Meeting of the
Montville Planning & Zoning Commission to order at 7:00 pm.
COMMISSION MEMBERS PRESENT: Commissioners Marcus, Pieniadz, Polhemus, Toner, Ferrante, Baron,
Heller, Wood, Mastrandrea and Siragusa. (9 regular members and 1 alternate)
COMMISSION MEMBERS ABSENT: COHEN, and : none
STAFF PRESENT: Thomas Sanders, Zoning Enforcement Officer and Marcia Vlaun, Town Planner.
MINUTES:
A MOTION was made by COMMISSIONER POLHEMUS; SECONDED by COMMISSIONER TONER to
ACCEPT the minutes from the Regular Meeting of March 13, 2007. Voice vote. 9-0 All in favor. MOTION
CARRIED.
A MOTION was made by COMMISSIONER POLHEMUS; SECONDED by COMMISSIONER TONER to
ACCEPT the minutes from the Workshop Meeting of March 20, 2007. Voice vote. 7-0-2 (two members that
weren’t in attendance at the workshop abstained from voting). MOTION CARRIED.
CORRESPONDENCE:
Staff:
1. Correspondence from Gerwick & Mereen withdrawing the VisionEnterprise/John Aldi Zone
Change that was scheduled for a Public Hearing at the next meeting.
2. Correspondence from Dave King relative to Dominic Cassissi, asking that the item be removed
form the agenda until further notice. Staff advised the Commission that an email was sent to Mr.
King asking for clarification of whether or not this was a formal withdrawal of the application.
3. City of Norwich: Copy of their pending proposed Commercial Overlay Zone.
4. Notice from DEP re: SCRRRA Determination – pumping from the ash landfill to Norwich. WPCA
5. Initial Correspondence back on the Mayor’s Budget. Discussion was held relative to the items that
were cut.
Commission: Chairman Marcus reported that he had received the following:
1. Newsletter re: Grant Writing Seminar.
2. NEMO newsletter
3. Letter from ZEO re: Marcucio, Jerome Road.
NEW BUSINESS:
a) Tilcon Connecticut, Inc.: An application for the continuation of a Special Permit for earth products
excavation and processing on the property located at 53 Caroline Road, Montville, Ct. As shown on
Assessor’s Map 59 Lot 7. A MOTION was made by COMMISSSIONER POLHEMUS;
SECONDED by COMMISSIONER TONER to set the Public Hearing date for 4/10/07. Voice vote.
9-0 MOTION CARRIED.
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ZONING ISSUES:
a) Stonehenge Pillars, LLC: status update. The Zoning Enforcement Officer advised the Commission
that the project has been moving smoothly and that this item will be removed from the agenda.
b) John Diamantini/Ed Faubert: An application for a Zoning Permit for truck rental on the property
located at 430 Chapel Hill Road, Oakdale, CT As shown on Assessor’s Map 35 Lot 3. Staff reminded
the Commission that at the last meeting they asked the applicant to come back in with a site plan for the
project and presented it to the Commission. Discussion was held. A MOTION was made by
COMMISSSIONER PIENIADZ; SECONDED by COMMISSIONER HELLER to APPROVE
John Diamantini/Ed Faubert: An application for a Zoning Permit for truck rental on the property
located at 430 Chapel Hill Road, Oakdale, CT As shown on Assessor’s Map 35 Lot 3. Voice vote. 8-0-1
with Commissioner Mastrandrea abstaining. MOTION CARRIED.
c) Diocese of Norwich/St. Bernard’s School: An application for a Zoning Permit for an internally lit sign
on the property located at 1593 Norwich-New London Tpke. (Route 32) As shown on Assessor’s Map
91 Lot 20. Discussion was held relative to the permit being for an internally lit sign. A MOTION was
made by COMMISSSIONER BARON; SECONDED by COMMISSIONER POLHEMUS to
APPROVE the application for a Zoning Permit for an internally lit sign on the property located at 1593
Norwich-New London Tpke. (Route 32) As shown on Assessor’s Map 91 Lot 20 for Diocese of
Norwich/St. Bernard’s School. Voice vote. 9-0 All in favor. MOTION CARRIED.
PUBLIC HEARINGS:
a) David King: An application for a Zoning Regulation Text Amendment to incorporate the allowance of
Interior Lots in the R-40, R-80 and R-120 Zoning Districts. Chairman Marcus opened the Public
Hearing at 7:20 p.m. Copies of the Application, proposed text, along with a copy of the “old” interior
lot regulation that was previously deleted from the regulations, were distributed to the Commission and
entered into the record. Staff also entered into the record the notification letters that were sent to the
following: Bozrah Town Clerk, City of New London Department of Public Utilities, Norwich City
Clerk, East Lyme Town Clerk, Ledyard Town Clerk, Preston Town Clerk, Salem Town Clerk,
Waterford Town Clerk, Southeastern Connecticut Council of Governments Regional Planning
Commission, Commissioner Gina McCarthy The Department of Environmental Protection,Ms. Kristal
Kallenberg The Department of Environmental Protection Office of Long Island Sound. Responses were
received from SCCOG and OLIS and they both had no issue with the proposed text change. Those
response letters were also entered into the record. Staff provided the Commission with drawings of
possible configurations of interior lots. Discussion was held relative to possible ZBA action on some
variances of required frontage items. Applicant: did not attend the meeting. Public: In favor-none
Opposed- none. A MOTION was made by COMMISSSIONER POLHEMUS; SECONDED by
COMMISSIONER MASTRANDREA to CONTINUE the Public Hearing. Voice vote. 8-1-0 with
Commissioner Baron voting in opposition. MOTION CARRIED.
b) Roger Hatch: An application for a two lot Resubdivision on the property located at Fielding Drive,
Uncasville, CT As shown on Assessor’s Map 85 lot 43. ( see below: items b, c, & d all combined)
c) Roger Hatch: An application for a Special Permit for the construction of one two-family building on
the property located at 29 Fielding Drive, Uncasville, CT As shown on Assessor’s Map 87 lot 43-1. (
see below: items b, c, & d all combined)
d) Roger Hatch: An application for a Special Permit for the construction of one two-family building on
the property located at 37 Fielding Drive, Uncasville, CT As shown on Assessor’s Map 85 lot 43. ( see
below: items b, c, & d all combined)
The Public Hearings on all three above-noted items were opened at 7:45 p.m. by Chairman Marcus. The
Zoning Enforcement Office, Tom Sanders explained to the Commission that the hearings were all relative
to the same properties, and even though the hearings have been combined, any action by the Commission
(i.e. motions, votes, etc.) would be taken separately. Staff entered into the record the following:
Applications, drainage calculations and technical data that has been submitted as part of the applications,
plans and the Staff report dated 3/26/07. Applicant: Bob Schuch of Boundaries appeared on behalf of the
applicant and explained the project to the Commission. Discussion was held relative to the rain gardens and
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the drainage issues on Fielding. Public: opposed: none in favor: none. Attorney Harry Heller of 736 Route
32, Uncasville, CT provided the Commission with a history of the property. A MOTION was made by
COMMISSIONER FERRANTE; SECONDED by COMMISSIONER POLHEMUS to CLOSE the
Public Hearings (3) for the Roger Hatch Fielding Drive applications. Voice vote. 9-0 All in favor.
MOTION CARRIED.
e) Stonehenge Pillars, LLC: An application for the revision of the Subdivision Regulation’s Section
7.1.6 in relation to dry-hydrants. The Public Hearing was opened by Chairman Marcus at 8:08 pm. Staff
advised the Commission as to how the request for the revision came about. The application was entered
into the record along with DEP- OLIS response to the proposed revision, stating that they had no issue
with it. Staff advised the Commission that she had checked with Attorney Ochsner and he advised her
that the Commission can make modifications to the applicants proposed text. Staff suggested, and the
applicant agreed, that the addition of the following language into the current section would correct the
situation: 7.1.6 The restriction of a cul-de-sac to 1000 feet would deny the applicant access to
land appropriate for use as residential building lots or the cul-de-sac will be converted to a thru
street in the near future. The Commission shall not grant a waiver which exceeds 1500 feet or
25 residential lots. In any case, a residential cul-de-sac shall not exceed 1500 feet. The
Commission shall not grant the waiver unless, either a dry hydrant system or a hydrant system
supplied by a public water supply system (delete the word system and then add the underlined
portion) which has been approved by the Fire Marshal, is to be installed by the developer. The
Commission may waive the length of a cul-de-sac which will provide access to commercial or
industrial lots if an adequate fire suppression system is provided. Applicant: Attorney Harry
Heller of 736 Route 32, Uncasville, CT representing the applicant, explained to the Commission how
the applicant had received approval from the Commission for his subdivision plan and the Fire Marshal
then changed his mind about the need for the dry hydrant system. Discussion was held relative to the
additional costs that a developer would have to expend. Public: in favor- none opposed: none. A
MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER
TONER to CLOSE the Public Hearing. Voice vote. 9-0 All in favor. MOTION CARRIED.
The Commission took a break at 8:20 p.m. and the meeting reopened at 8:27 p.m.
OLD BUSINESS:
1. Action Items:
a) Town of Montville: Site Plan Review for renovations at Palmer School 238 Maple Avenue,
Uncasville, CT As shown on Assessor’s Map 77 Lot 31.Staff advised that a permit was approved
by the IWC. Staff also informed the Commission that most of the work is to be interior
renovations, but some site work relative to drainage, parking, handicap access, and vehicular
traffic will be done. Staff had no concerns with the project other than the building dept issue with
handicap parking which can be a condition of approval, and said that within the limited resources
that the school has, they have done the best that they could. She recommended approval with a
condition. A MOTION was made by COMMISSSIONER PIENIADZ; SECONDED by
COMMISSIONER TONER to APPROVE Town of Montville: Site Plan Review for
renovations at Palmer School 238 Maple Avenue, Uncasville, CT As shown on Assessor’s Map
77 Lot 31, with the following condition:
1. The site plan shall comply to the extent physically possible within the site constraints to
comply with all elements of building codes which address handicap accessibility.
The Commission finds that this application complies with the Town of Montville Zoning Regulations.
This is a conditional approval. Each and every condition is an integral part of the Commissions decision.
Should any of the conditions, on appeal from this decision, be found to be void or of no legal effect then
this conditional approval is likewise void. Should any of the conditions not be implemented by the
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applicant or his successors within the specified permit time period, then this conditional approval is void.
The applicant may re-file another application for review. This site plan approval is valid for 5 years from
the date of approval. Voice vote. 9-0 All in favor. MOTION CARRIED.
A MOTION was made by COMMISSIONER FERRANTE; SECONDED by COMMISSIONER
PIENIADZ to ADD the following items to the agenda under “action items” 8.1.b, c., & d.; items 7 b., c., &
d. Roger Hatch: An application for a two lot Resubdivision on the property located at Fielding Drive,
Uncasville, CT As shown on Assessor’s Map 85 lot 43. (see below: items b, c, & d all combined)
Roger Hatch: An application for a Special Permit for the construction of one two-family building on the
property located at 29 Fielding Drive, Uncasville, CT As shown on Assessor’s Map 87 lot 43-1. (see below:
items b, c, & d all combined) Roger Hatch: An application for a Special Permit for the construction of one
two-family building on the property located at 37 Fielding Drive, Uncasville, CT As shown on Assessor’s
Map 85 lot 43. (see below: items b, c, & d all combined). Voice vote. 9-0 All in favor. MOTION
CARRIED.
b) Roger Hatch: An application for a two lot Resubdivision on the property located at Fielding Drive,
Uncasville, CT As shown on Assessor’s Map 85 lot 43. A MOTION was made by COMMISSIONER
FERRANTE; SECONDED by COMMISSIONER POLHEMUS as follows: A MOTION to
APPROVE application 207-RESUB- 2. Hatch/Hewitt Re-subdivision, creating an additional 1.14 +/- ac
lot with a remaining parcel of 3.9 +/- ac. to be combined with lot #32. Roll call vote. All in favor 9-0
MOTION CARRIED.
c) Roger Hatch: An application for a Special Permit for the construction of one two-family building on the
property located at 37 Fielding Drive, Uncasville, CT As shown on Assessor’s Map 85 lot 43. (207-SP-1)
Discussion was held. A MOTION was made as follows by COMMISSIONER FERRANTE;
SECONDED by COMMISSIONER POLHEMUS:A MOTION to APPROVE Hatch Construction, 37
Fielding Drive, Map 85 Lot 43. The site plan complies with sections 8.3.11; 17.9; 18 of the Zoning
Regulations. This is a conditional approval. Each and every condition is an integral part of the
Commission’s decision. Should any of the conditions, on appeal from this decision, be found to be void
or of no legal effect, then this conditional approval is likewise void. Should any of the conditions not be
implemented by the applicant or his successors within the specified permit time period, then this
conditional approval is void. The applicant may re-file another application for review. This special
permit is valid for a period of 5 years.
The Commission approves this special permit and finds that:
The proposed use is in harmony with the appropriate and orderly development of the neighborhood and
will not hinder or discourage the development of adjacent properties nor impair property values.
The location and size of the proposed use, the nature and intensity of operations involved in connection
therewith, its site layout and its relation to access streets will not be such that both pedestrian and
vehicular traffic to and from the use and the assembly of persons in connection therewith will not be
hazardous or inconvenient, no incongruous with any residential district or conflict with the normal traffic
of the neighborhood.
The nature and intensity of the operations involved in connection with the proposed use and the site
layout and development will not have a negative impact on the environment.
The conditions of approval are:
1. A Zoning permit shall not be issued until completion of drainage system work in Fielding Dr.
2. E&S bond of $8,856.00 dollars to be maintained until completion of work on both lots.
3. The ZEO must be contacted 24 hrs prior to start of construction.
Roll call vote. All in favor 9-0 MOTION CARRIED.
d) Roger Hatch: An application for a Special Permit for the construction of one two-family building on the
property located at 29 Fielding Drive, Uncasville, CT As shown on Assessor’s Map 87 lot 43-1. (207-SP-
2) A MOTION was made by COMMISSIONER TONER; SECONDED by COMMISSIONER
POLHEMUS as follows: Motion to approve Hatch Construction, 29 Fielding Drive, Map 85 NEW Lot
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43-1. The site plan complies with sections 8.3.11; 17.9; 18 of the Zoning Regulations. This is a
conditional approval. Each and every condition is an integral part of the Commission’s decision. Should
any of the conditions, on appeal from this decision, be found to be void or of no legal effect, then this
conditional approval is likewise void. Should any of the conditions not be implemented by the applicant
or his successors within the specified permit time period, then this conditional approval is void. The
applicant may re-file another application for review. This special permit is valid for a period of 5 years.
The Commission approves this special permit and finds that: the proposed use is in harmony with the
appropriate and orderly development of the neighborhood and will not hinder or discourage the
development of adjacent properties nor impair property values. The location and size of the proposed use,
the nature and intensity of operations involved in connection therewith, its site layout and its relation to
access streets will not be such that both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous or inconvenient, no incongruous with
any residential district or conflict with the normal traffic of the neighborhood. The nature and intensity of
the operations involved in connection with the proposed use and the site layout and development will not
have a negative impact on the environment.
The conditions of approval are:
1. A Zoning permit shall not be issued until completion of drainage system work in Fielding Dr.
2. E&S bond of $8,856.00 dollars to be maintained until completion of work on both lots.
3. The ZEO must be contacted 24 hrs prior to start of construction
Roll call vote. All in favor 9-0 MOTION CARRIED.
A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by
COMMISSIONER FERRANTE to ADD ITEM 8.1.E to the agenda Stonehenge Pillars, LLC:
An application for the revision of the Subdivision Regulation’s Section 7.1.6 in relation to dry-
hydrants. Voice vote. 9-0 All in favor. MOTION CARRIED.
e) Stonehenge Pillars, LLC: An application for the revision of the Subdivision Regulation’s
Section 7.1.6 in relation to dry-hydrants. Discussion was held. A MOTION was made by
COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER TONER as
follows: MOTION to APPROVE the following text revision to the Subdivision Regulations as
follows:
7.1.6 The restriction of a cul-de-sac to 1000 feet would deny the applicant access to land appropriate
for use as residential building lots or the cul-de-sac will be converted to a thru street in the near
future. The Commission shall not grant a waiver which exceeds 1500 feet or 25 residential lots.
In any case, a residential cul-de-sac shall not exceed 1500 feet. The Commission shall not grant
the waiver unless, either a dry hydrant system or a hydrant system supplied by a public water
supply, which has been approved by the Fire Marshal, is to be installed by the developer. The
Commission may waive the length of a cul-de-sac which will provide access to commercial or
industrial lots if an adequate fire suppression system is provided.
The effective date shall be April 12, 2007 (15 days from 3/28/07). Roll call vote. All in favor 9-0
MOTION CARRIED.
2. Non Action Items:
a) Dominic Cassissi: An application for Site Plan Review for a retail plaza to be located on the
property at 1951-1957 Norwich-New London Turnpike (Route 32), Uncasville, CT. As shown on
Assessor’s Map 99 Los 69 & 70. (see these minutes: under Correspondence –Staff: item 2.)
OTHER BUSINESS TO COME BEFORE THE COMMISSION:
Staff distributed a copy of the Draft Regional Transportation Plan FY2007-2035 from SCCOG to the Commission. This
item will be discussed at the next meeting.
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a) Zoning Regulation revisions. Discussions were held mainly relative to multi-family regulations and
parking regulations.
b) Census 2010 (LUCA) – due to the lateness of the hour, will be discussed at the next Commission
meeting.
ADJOURN: . The meeting adjourned at 10:10 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