PLANNING AND ZONING COMMISSION MEETING MINUTES MONDAY, JULY 27, 2009
PRESENT:
Vice Chairman Robert Hoffman, Emery Zahner, Geri Kupecky, William Hogan (arr. 7:30) and Alternate James Prichard Chairman Arlo Hoffman, Carol Strom, Lori Spielman and Alternate Joseph Wehr
ABSENT: STAFF PRESENT: I.
Robert Phillips, Town Planner, and Lori Smith, Recording Secretary
CALL TO ORDER: Vice Chairman Robert Hoffman called the regular meeting of the Planning and Zoning Commission of July 27, 2009 to order at 7:03 pm at 57 Main Street, Town Hall Annex, Ellington, CT.
II. PUBLIC COMMENTS (on non-agenda items): None. III. PUBLIC HEARINGS: 1. #Z200918 – Quantum of Ellington, II, LLC for a zone change from Age Restricted Cluster Housing “ARCH” to Multi-Family “MF” on property located on Windermere Ave, APN’s 017024-0000 & 018-003-0000 in an ARCH zone. Time: Seated: 7:04 PM G. Kupecky, E. Zahner, J. Prichard, R. Hoffman
Attorney Twachtman representing Quantum of Ellington, II LLC presented the application to the Planning and Zoning Commission. He stated that the housing economy is such that the targeted age adults for these types of homes cannot sell their existing homes in order to move into these new adult communities. Since January 1, 2009, Quantum has sold two units. They are requesting a zone change from Age Restricted Cluster Housing to Multi Family so that they will not be restricted to age for sales. For the developer to go into bankruptcy or foreclosure would not be good for the unit owners or the town. The attorney met with the homeowners and they agree that this plan is the best way to protect their interests as well as the development. The site plan approval will not change at all. The requirements of the two zones are almost identical. The ARCH zone bonding is different from MF. The current bond will remain in place as if it were still in the ARCH zone. The declaration on the land records will stay the same with the exception of
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the age restriction. The declaration on the land records is for the total 44 acres. Any change to the declaration would have to be approved by the homeowners. The proposed amendment to the declaration discourages children by not allowing swing sets, pools, sand boxes, etc. The homeowners have supported this effort and signed a petition which is on file and was read into the record by Attorney Twachtman. Chasseral Meadows was used as an example of a multifamily complex. According to the Board of Education, there are only 6 children in the school system out of the 60 units in the complex. The target market would be ages 40-45, singles and career couples with no children. The benefit to the town would be the taxes generated from the 123 units and minimal children. If the project were to go under, there is no telling what would happen to the land. Comm. Hoffman asked if they had done any comparison with Abbott Place and Attny Twachtman stated that they had not because they felt Chasseral Meadows was the most similar. He also stated that the strongest protection for the development is the homeowners association. There can be no changes without their approval. Mrs. Draghi, 6 Forestview Circle, stated that she felt the real estate market was improving and is concerned about the precedent that would be set if the zone change was approved. She feels that a comparison to Center Village is not accurate because it was haphazardly built. The creation of the ARCH Zone went along with the findings of the Plan of Development. The need for this type of housing for Ellington residents 55 and over is consistent with the plan. She also felt that the increased traffic from younger residents commuting to work and the pools and clubhouse could attract people with children. Peter Williams, 5 Mountainview circle, disagreed with the number of children in Chasseral Meadows and felt it was closer to 12. There are some three bedroom units in Chasseral. He also disagreed that the project was totally bonded. He felt that a legal opinion should be solicited to see if a zone change is allowed. Ronald Tetrault, 3 Windermere Village Rd, stated that the residents all agreed with this proposal. The owners would like to have their investment protected and felt that if the development went bankrupt, it would be detrimental for the homeowners and the Town of Ellington. He does not see why the zoning would not be changed. Kathy Tetrault, 3 Windermere Village Rd stated that she and her husband are over 55 and they still work, so she disagreed with the increase traffic assumption. Nancy Martel, 4 Windermere Village Rd stated that they still commute to work and that a 55 community is not an elderly community. Mr. Noel, 4 Forestview Circle, stated that the Planning and Zoning Commission cannot predict the future and this is setting a dangerous precedent. He felt a study should be done and that this is not the time to make changes to the plan. Ben Moser, 6 Windermere Village Rd, stated that we need to face the reality that this is a serious economy. He is 74 yrs old and still working. He felt that the town needs to understand how serious it would be if this development ceased to exist. He felt that it is the right thing to do and that the homeowner’s association will control this change.
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John Shane, 3 Forestview Circle, felt that the contractor is the only one to benefit from this zone change. Gerald Skolnick, 5 Summit Circle, stated that he thought associations take hold when a certain percentage of the homes are sold. Attny Twachtman stated that State law requires that 60% of the units be sold before the management of the association is turned over to the homeowners. It is the management of the association that changes. The declaration can be changed only by the homeowners. Mr. Gamble, 7 Windermere Village Rd stated that they love the development not for the 55 and over aspect but for the quality, and feels this change is best for the town and the community. Attorney Twachtman stated that the bond is in place for Ph I and Ph II and that it rolls as each phase proceeds. He felt that the Plan of Development is a suggestion. He also stated that the entry price at Windermere Village is $269,900. If something in the development plan for the complex were to be changed, he was sure that the PZC would not approve a change. He felt this was a cooperative effort between the development, the town and the owners. He also felt this would raise the value of the properties in Chasseral Meadows; the alternative would surely not. Commissioner Hoffman stated that if this development had originally come to the PZC as a MF zone, he would have voted against it. He feels that the risk belongs to the developer, and not the town. Originally, some commissioners asked how these units would sell and now the question arises again; what happens if these don’t sell under a MF zone. Commissioner Kupecky agreed with Comm. Hoffman and stated that she felt Ellington did not need another multifamily complex. Commissioner Prichard stated that the reasoning behind the original zone change approval from an Industrial zone to the ARCH zone for this complex was that there would be no burden on the school system from additional children. He does not support another zone change. Attorney Twachtman asked to continue the hearing in order to bring more information to the commission. MOVED (ZAHNER) SECONDED (HOFFMAN) AND PASSED UNANIMOUSLY TO CONTINUE PUBLIC HEARING #Z200918 – QUANTUM OF ELLINGTON, II, LLC FOR A ZONE CHANGE FROM AGE RESTRICTED CLUSTER HOUSING “ARCH” TO MULTIFAMILY “MF” ON PROPERTY LOCATED ON WINDERMERE AVE, APN’S 017-024-0000 & 018-003-0000 IN AN ARCH ZONE TO AUGUST 24, 2009 AT 7 PM IN THE TOWN HALL ANNEX. 2. #S200903 – Richard Aubin for a 2 lot subdivision on property located at 53 Schoolhouse Road, APN 166-003-0000 in a RA zone. This applicant has requested additional time to address the concerns of the Town Engineer. AT THE REQUEST OF THE APPLICANT, THIS HEARING WAS TABLED TO AUGUST 24, 2009 AT 7 PM IN THE TOWN HALL ANNEX.
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3.
#Z200920 – Core Ventures for a special permit and site plan modification to change use from retail business to service business proposed to be open 24 hours on property located at 135 West Road, APN 037-005-0086 in a PC zone. Time: Seated: 8:30 PM G. Kupecky, W. Hogan, E. Zahner, J. Prichard, R. Hoffman
Business partners Scott Regina and Andrew Breton would like to open an Anytime Fitness facility in the Big Y Plaza in the vacant portion next to the Dollar Tree and need to have a use change from retail to service business to do this. This is a national franchise fitness club without the high price amenities. This will be a 5,000 SF facility with 20-25 fitness pieces and 2 tanning rooms. Their experience is that there would be 30 members in attendance at any one time. Mr. Breton stated that this facility will be open 24 hours and staffed from 9 am to 8 pm. After 8 pm, only members can access the facility through a card key system. Experience has shown that there are no security problems with other facilities being opened 24 hours. There are security measures in place, such as cameras and panic buttons that can be worn during a workout should something go wrong. The parking lot lighting would also be a deterrent to crime. Commissioner Hoffman asked if they were aware that the YMCA is being built on Pinney St and will have a fitness facility. He also asked if the concept would work if it were not 24 hrs per day. Mr. Breton stated that the concept is 24 hrs and that there are some that are not open 24 hrs but don’t fare as well. Mr. Regina stated that they have not made a determination on the size of the sign at this time. Andrew Brindisi, 14 Highland Ave, stated that his concern is the hours that the facility will be open. The closing time of 10 pm for McDonald’s and Big Y has turned into 11 pm and the lights stay on past midnight. He feels that this facility is extremely close to the houses and he is concerned about security. Mr. Gonzales of 16 Highland Ave stated his concerns for security. Mr. Hogan asked what type of plazas the other fitness centers are located in. Mr. Breton told him that in Colchester it is in a small retail plaza and in Berlin it is in the Home Depot Plaza. He feels that the late night clientele is not the same as McDonald’s; it’s only people with access to the building or members. Heather Brindisi, 14 Highland Ave stated that the parking lot lights are on 24 hours and what would prevent the Big Y or McDonald’s from being open 24 hours if this facility is given permission. Commissioner Hoffman stated that the Commission has been so stringent in the past regarding the hours of operation for businesses that he would be reserved to permit this business to be open 24 hours. Commissioner Zahner felt the same way and couldn’t see permitting a 24 hour business. Commission Kupecky asked why if the parking lot lights went off at midnight couldn’t the building lights stay on.
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David Beebe, 12 Highland Ave, stated that this goes back to the 24 hr business and security and people being around all hours of the night. Mr. Scott stated that it would be open to their members only and would be very low volume at night. Commissioner Hoffman stated that the town does not have 24 hr police coverage and that troopers come from outlying towns when there is no town presence. Mr. Bartell of 35 Wappingwood Rd stated that a lot of businesses are open 24 hrs without incident and felt this would be a good business for Ellington. Mr. Brindisi, 14 Highland Ave, stated that the noise is also a factor at night and felt it could be a bigger issue than the lighting. The Town Planner suggested continuing the hearing to next month so that the operating hours could be revisited by the applicant and the signage alternatives could be considered since they were not discussed this evening. MOVED (KUPECKY) SECONDED (HOFFMAN) AND PASSED UNANIMOUSLY TO CONTINUE PUBLIC HEARING #Z200920 – CORE VENTURES FOR A SPECIAL PERMIT AND SITE PLAN MODIFICATION TO CHANGE USE FROM RETAIL BUSINESS TO SERVICE BUSINESS PROPOSED TO BE OPEN 24 HOURS ON PROPERTY LOCATED AT 135 WEST ROAD, APN 037-005-0086 IN A PC ZONE TO AUGUST 24, 2009 AT 7 PM AT TOWN HALL ANNEX. 4. #Z200922 – Jason Lima for a special permit and site plan modification to change the use from jewelry store to pizzeria with associated improvements and signage on property located at 117 West Road, APN 037-009-0000 in a PC zone. HEARING WAS TABLED TO AUGUST 24, 2009 AT 7 PM AT TOWN HALL ANNEX. CERTIFICATE OF MAILINGS TO ABUTTERS WAS NOT ON FILE. IV. UNFINISHED BUSINESS: 1. Request from Spazzarini Construction to recommend to the Board of Selectmen the acceptance of the Eagle Estates Subdivision and associated roads (Eagle Drive) and infrastructure and to set the maintenance bond amount. (Tabled from the June 22nd meeting) Town Planner, Rob Phillips stated that the Town is in receipt of the documents that the Homeowners Association has been established. This Homeowners Association will be responsible for the maintenance of the detention basin and open space. The letter of January 2, 2009 from the Town Engineer was read into the record setting the maintenance bond amount at $31,000. MOVED (HOGAN) SECONDED (KUPECKY) AND PASSED UNANIMOUSLY THAT UPON RECEIPT OF AN EXECUTED MAINTENANCE BOND AND AN APPROVED BOND INSTRUMENT FOR $31,000, STAFF REFERRAL SHALL BE MADE TO THE BOARD OF SELECTMEN RECOMMENDING ACCEPTANCE OF EAGLE ESTATES AND THE ASSOCIATED ROADS AND INFRASTRUCTURE. 2. #Z200919 – Janet Settle/Little House in the Country child care for a site plan modification for the construction of a proposed 42’ x 72’ addition for a day care school with associated improvements on property located at 2 Nutmeg Drive, APN 017-022-0002 in an I zone.
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The applicant has requested a continuance. MOVED (KUPECKY) SECONDED (HOGAN) AND PASSED UNANIMOUSLY TO CONTINUE #Z200919 – JANET SETTLE/LITTLE HOUSE IN THE COUNTRY CHILD CARE FOR A SITE PLAN MODIFICATION FOR THE CONSTRUCTION OF A PROPOSED 42’ X 72’ ADDITION FOR A DAY CARE SCHOOL WITH ASSOCIATED IMPROVEMENTS ON PROPERTY LOCATED AT 2 NUTMEG DRIVE, APN 017-022-0002 IN AN I ZONE TO THE NEXT REGULAR MEETING ON AUGUST 24, 2009 AT 7 PM IN THE TOWN HALL ANNEX. V. NEW BUSINESS: 1. #Z200923 – CGS 8-24 Referral: Potential town acquisition of 5 & 11 Hubbard Lane, consisting of approximately 98.87 acres, for anticipated use for open space, active and passive recreation and other municipal purposes, APN 105-022-0000 & 105-022-0001. This is a proposal to purchase this property in conjunction with the Trust for Public Land. They act as the liaison between the seller and the Town. This property is adjacent to the Shenipsit State Forest and includes a house, a meadow, and a helipad that could be used for additional parking. The Town Planner has received good feedback from town agencies that are interested and excited. MOVED (HOGAN) SECONDED (KUPECKY) AND PASSED UNANIMOUSLY TO APPROVE THE POTENTIAL LAND ACQUISITION OF 5 AND 11 HUBBARD LANE PURSUANT TO SECTION 8-24 OF THE CONNECTICUT GENERAL STATUTES FOR THE ANTICIPATED USE OF OPEN SPACE, ACTIVE AND PASSIVE RECREATION AND OTHER MUNICIPAL PURPOSES CONSISTING OF AN AGGREGATE OF APPROXIMATLEY 98.87 ACRES, AND THE BUILDINGS AND IMPROVEMENTS THEREON. 2. #Z200837 – CGS 8-24 Referral: Potential joint offer with the State of Connecticut to purchase the development rights of 118.1 acres of farmland located at 0 & 190 Pinney Street in support of the Town Farmland Preservation Bonding Program, APN 044-014-0000 & 044-001-0000. This property is the Silverherz Farm on Pinney St and will be funded through the Town Farmland Preservation fund that was previously approved by referendum in 2007. The State will fund 2/3 of the cost of the development rights and the town 1/3. This will preserve 118.1 acres of farm land from being developed. MOVED (HOGAN) SECONDED (KUPECKY) AND PASSED UNANIMOUSLY TO APPROVE THE POTENTIAL TOWN ACQUISITION OF THE DEVELOPMENT RIGHTS TO 0 AND 190 PINNEY STREET PURSUANT TO SECTION 8-24 OF THE CONNECTICUT GENERAL STATUTES CONSISTING OF AN AGGREGATE OF APPROXIMATELY 118.1 ACRES FOR FARM LAND PRESERVATION. Discuss the revised scope and cost estimate for continuing the residential rezoning initiative with the aid of Planimetrics. Formal motion needed. This is for the revised scope of the residential rezoning initiative. The commissioners felt that this is an important part of the Plan of Development and it should be continued.
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MOVED (R HOFFMAN) SECONDED (KUPECKY) AND PASSED UNANIMOUSLY TO APPROVE THE REVISED SCOPE AND EXPENDITURE OF APPROXIMATELY $4,000 FROM THE FY 09/10 CONTRACTED SERVICES LINE ITEM TO CONTINUE THE ONGOING RESIDENTIAL REZONING INITIATIVE. MOVED (HOFFMAN) SECONDED (HOGAN) AND PASSED UNANIMOUSLY TO ADD TO AGENDA AND RECEIVE BY VOICE VOTE APPLICATIONS #Z200924, ED’S AUTOMOTIVE, LLC FOR A SITE PLAN MODIFICATION AT 85 WEST ROAD; #Z200927, ECHN FOR A SPECIAL PERMIT AND SITE PLAN MODIFICATION AT 175 WEST ROAD; #Z200925, PLANNING DEPARTMENT, FOR A ZONING REGULATION AMENDMENT TO SECTIONS 3.1 AND 4.1 REGARDING FARM STANDS; AND #Z200926, PLANNING DEPARTMENT, FOR A ZONING REGULATION AMENDMENT TO SECTION 4.1 REGARDING BULK STORAGE OF FUEL PRODUCTS. VI. ADMINISTRATIVE BUSINESS: 1. Pursuant to a letter dated July 17, 2009 from Rachel Dearborn, Landmark Surveys, LLC a request from the Planning & Zoning Commission to recommend to the Board of Selectmen for a refund for the Buddhist Subdivision. Rachel Dearborn, Landmark Surveys stated that this refund is for the application fee for the first filing of their application. The applicant feels that the gap in time between filing and waiting for the comments from the Town Engineer resulted in the additional filing fee. MOVED (R HOFFMAN) SECONDED (PRICHARD) AND PASSED TO RECOMMEND TO THE BOARD OF SELECTMEN A REFUND FOR THE BUDDHIST SUBDIVISION FOR THE FIRST APPLICATION FEE. (HOGAN VOTED NAY) 2. Approval of June 22, 2009 Regular Meeting Minutes. MOVED (HOGAN) SECONDED (HOFFMAN) AND PASSED UNANIMOUSLY TO APPROVE THE JUNE 22, 2009 MEETING MINUTES FOR THE PLANNING & ZONING COMMISSION WITH THE CHANGE T0 ADD UNDER SECTION VII EXECUTIVE SESSION “TO ENTER INTO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION”. 3. Correspondence: a. Memo to the Planning & Zoning Commission from the Conservation Commission dated July 22, 2009. (Invitation for a joint meeting to hold a presentation on Dark-Sky Initiatives at the September 21, 2009 meeting) SO NOTED. VII. ADJOURNMENT: MOVED (KUPECKY) SECONDED (HOGAN) AND PASSED UNANIMOUSLY TO ADJOURN THE MEETING AT 10:10 PM. Respectfully submitted:
Lori Smith, Recording Secretary
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