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HomeMy WebLinkAbout4-24-07 P&Z minutesPlanning & Zoning Commission Minutes April 24, 2007 C:\Users\twilliams\AppData\Local\Temp\4-24-07 P&Z minutes_45374\4-24-07 P&Z minutes.doc 1 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 April 24, 2007 December 13, 2005 VICE CCHAIRMAN FERRANTE GREGORY MAJEWSKI called the April 24, 2007December 13, 2005 Meeting of the Montville Planning & Zoning Commission to order at 7:04 pm. COMMISSION MEMBERS PRESENT: Commissioners Ferrante, Pieniadz, Polhemus, Baron, Siragusa, Wood, Mastrandrea, and Jones (*Alternate Commissioner Jones arrived at 7:12 p.m. see note below) (six regular members and two alternates) COMMISSION MEMBERS ABSENT: COHEN, and : Commissioners Toner, Heller, and Marcus. Vice Chairman Ferrante seated Alternate Commissioner Siragusa for Commissioner Heller and Alternate Commissioner Jones for Commissioner Toner. STAFF PRESENT: Marcia Vlaun, Town Planner. MINUTES: A MOTION was made by COMMISSIONER POLHEMUS; SECONDED by COMMISSIONER MASTRANDREA to APPROVE as submitted by Staff (the minutes from the Regular Meeting of April 10, 2007). Voice vote. 7-0 All in favor. MOTION CARRIED. CORRESPONDENCE: Staff advised the Commission that Officer Denny Monahan had passed away. Staff informed the Commission that she had received a referral from the Town of Bozrah relative to a one-lot subdivision on Salem Turnpike. Staff advised the Commission that she sent a reply to Bozrah informing them that more information is needed from them along with a more detailed map. NEW BUSINESS: a) Capital Improvement Plan. At the Commission’s request, the Finance Director, Kathy Maxwell attended the meeting. Discussion was held. A MOTION was made by COMMISSIONER WOOD; SECONDED by COMMISSIONR POLHEMUS to send a FAVORABLE review to the Town Council (for the Capital Improvement Plan). Voice vote. 7-0 All in favor. MOTION CARRIED b) Stonehenge Pillars, LLC and Fawn’s View, LLC: A request for a Modification of the approved subdivision for Fawn’s View Subdivision Waiver of Section 7.1.6 Eliminating the dry hydrant system from the subdivision design on the property located on the southeasterly side of Lynch Hill Road, Montville, CT As shown on Assessor’s Map 31 lot 28. (*Alternate Commissioner Jones arrived at 7:12 p.m.) Discussion was held. A MOTION was made to APPROVE the modification of the approved subdivision for Fawn’s View Subdivision Waiver of Section 7.1.6 Eliminating the dry hydrant system from the subdivision design on the property located on the southeasterly side of Lynch Hill Road, Montville, CT As shown on Assessor’s Map 31 lot 28 by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER BARON. Discussion was held. Roll call vote: In favor: Ferrante, Planning & Zoning Commission Minutes April 24, 2007 C:\Users\twilliams\AppData\Local\Temp\4-24-07 P&Z minutes_45374\4-24-07 P&Z minutes.doc 2 Pieniadz, Wood, Mastrandrea, Siragusa, and Baron. Commissioners Polhemus and Jones abstained. 6- 0-2 MOTION CARRIED. c) Maintenance Bond Release Request Dolbeare Meadows Phase II: One (1) year Maintenance Bond which was effective upon the date of the road acceptance by the Montville Town Council (April 10, 2006), in the amount of $25,000.00. Town Engineer’s letter was read into the record and it was noted that he had no objection to the release of the bond. A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER WOOD to RELEASE the $25,000.00 bond on Dolbeare Meadows Phase II. Voice vote. 7-0-1 with Commissioner Jones abstaining. MOTION CARRIED. d) Mandes, LLC: An application for a Special Permit for the completion of construction of an existing eight unit (one bedroom) multi-family dwelling house with associated parking and site improvements on the property located at 46 Platoz Drive, Montville, CT. As shown on Assessor’s Map 33 Lot 17J. (see below) e) Artemis Mandes: An application for a Special Permit for the completion of existing foundation as a four unit multi-family dwelling on the property located at 36 Platoz Drive, Montville, CT. As shown on Assessor’s Map 33 Lot 17K. (see below) f) John Mandes: An application for a Special Permit for the completion of construction of an eight unit multi-family residential building with appurtenant parking and site improvements on the property located at 40 Platoz Drive, Montville, CT. As shown on Assessor’s Map 33 Lot 17Q. A MOTION was made to set the Public Hearing date for items (above-noted- 3) D. (Mandes, LLC) E. (Artemis Mandes), and F. (John Mandes) for 6/12/07 by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER POLHEMUS. Voice vote. All in favor. MOTION CARRIED. g) Montville Land Development, LLC: An application for a 14 Lot Resubdivision of the property located on Williams Road and Old Colchester Road, Montville, CT. As shown on Assessor’s Map 44 Lot 15. A MOTION was made to set the Public Hearing date for 5/22/07 by COMMISSIONER PIEMNIADZ; SECONDED BY COMMISSIONER WOOD. Voice vote. All in favor. 8-0 MOTION CARRIED. h) Montville Land Development, LLC: An application for a Special Permit for a Cluster 14 Lot Subdivision on the property located on Williams Road and Old Colchester Road, Montville, CT. As shown on Assessor’s Map 44 Lot 15. A MOTION was made to set the Public Hearing date for 5/22/07 by COMMISSIONER PIENIADZ; SECONDED BY COMMISSIONER WOOD. Voice vote. All in favor. 8-0 MOTION CARRIED. i) Javee/Jesse Development, LLC/ Jack Cipriano: A request for the Release of the Bond ($76,000.00 for road widening and utility extension work) on the property at14 Old Fitch Hill Road, Uncasville, CT As shown on Assessor’s Map 62 Lot 37. Staff advised that an inspection was made by both Staff and the Town Engineer and that there are numerous outstanding issues. Bond release was not recommended. A MOTION was made by COMMISSIONER BARON; SECONDED by COMMISSIONER PIENIADZ to DENY the request for the Release of the Bond for Javee/Jesse Development, LLC/ Jack Cipriano on the property located at 14 Old Fitch Hill Road, Uncasville, CT As shown on Assessor’s Map 62 Lot 37, due to the fact that they have not met the Town’s requirements to release this bond. Voice vote. All in favor. 8-0 MOTION CARRIED. ZONING ISSUES: a. Montville Commons - 2nd Family, LLC / Home Depot U.S.A., Inc.: Authorization for temporary Certificate of Use and Compliance on the property located at 2030 Norwich-New London Turnpike (Route 32), Uncasville, CT As shown on Assessor’s Map 99 Lot 49. Attorney Ronald Ochsner refreshed the Commission’s memory on the project. Staff advised the Commission that there is site work that still needs to be completed. Discussion was held. A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER SIRAGUSA to APPROVE the issuance of a 90 day extension of the temporary certificate of occupancy for Home Depot LLC, Planning & Zoning Commission Minutes April 24, 2007 C:\Users\twilliams\AppData\Local\Temp\4-24-07 P&Z minutes_45374\4-24-07 P&Z minutes.doc 3 Montville Commons - 2nd Family, LLC / Home Depot U.S.A., Inc. located at 2030 Norwich-New London Turnpike (Route 32), Uncasville, CT As shown on Assessor’s Map 99 Lot 49 - clarification was made – should be certificate of use and Compliance. Voice vote. All in favor. 8-0 MOTION CARRIED. a. Tammy Rokowski: An application for a Zoning Permit to sell legal fireworks in a temporary tent from June 22 to July 4, 2007 on the property located at 2246 Route 32, Uncasville, CT As shown on Assessor’s Map 10 Lot 32. Staff advised the Commission that they have granted this permit several times and the office hasn’t ever had any problems or received any complaints. A MOTION was made by COMMISSIONER PIENIADZ; SECONDED by COMMISSIONER SIRAGUSA to APPROVE the Zoning Permit. Voice vote. All in favor 8-0 MOTION CARRIED. PUBLIC HEARINGS: 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. STAFF: Staff entered into the record the Staff report dated 4/24/07, the narrative which is part of the application, and recommended approval with conditions. Discussion was held. APPLICANT: Frank Lane, Director of Real Estate at Tilcon provided the Commission with a history of the site. PUBLIC: In favor: none Opposed: none A MOTION was made by COMMISSSIONER POLHEMUS; SECONDED by COMMISSIONER SIRAGUSA to CLOSE the Public Hearing Voice vote. 8-0 All in favor. MOTION CARRIED. Voice vote. The Public Hearing closed at 7:37 p.m. OLD BUSINESS: COMMISSIONER PIENIADZ made a MOTION; SECONDED by COMMISSIONER SIRAGUSA to MOVE item 7a Tilcon Connecticut, Inc. to Old Business. Voice vote. 8-0 All in favor. MOTION CARRIED. 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. COMMISSIONER PIENIADZ made a MOTION as follows: Motion to APPROVE, with conditions, an application for Tilcon Connecticut Inc. for special permit for earth products excavation and processing on property located at 53 Caroline Road, Montville, Ct., as shown on Assessors Map 59 Lot 7; and as shown on Site Development Plan Proposed Excavation Prepared For Tilcon Connecticut, Inc. Caroline Road Montville, Connecticut, Revised 4/6/2007; CME Associates, Inc. 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 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 Planning & Zoning Commission Minutes April 24, 2007 C:\Users\twilliams\AppData\Local\Temp\4-24-07 P&Z minutes_45374\4-24-07 P&Z minutes.doc 4 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. The application is approved with the following conditions: 1. The Erosion and Sediment control bond (bond #14-014-547 Liberty Bond Services) in the amount of $42,150 will remain in place. 2. This permit is valid for 5 years 3. The applicant is responsible for obtaining a State General Stormwater Quality Permit if required. The MOTION was SECONDED by COMMISSIONER POLHEMUS. Roll call vote: In favor: Ferrante, Pieniadz, Wood, Mastrandrea, Siragusa, Baron, and Polhemus. 7-0-1 with Commissioner Jones abstaining. MOTION CARRIED. OTHER BUSINESS TO COME BEFORE THE COMMISSION: a) Zoning Regulation Revisions. Discussion was held relative to rear lots. Staff advised the Commission that she had notes from the chairman. Discussion was held and it will be further discussed at the next Commission meeting. ADJOURN: COMMISSIONER WOOD made a MOTION to adjourn. . The meeting adjourned at 7:50 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