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Planning Board Minutes 10/18/04
        TOWN OF TOLLAND
        MINUTES OF PLANNING BOARD
        Meeting of 10/18/2004


Meeting called to order by Chairman McAlister at 7:00.


Present:        Steve McAlister
Gertrude McKay
James Joyce
James Deming


Public Hearing Called to Order:
 
Application for a Special Use Permit for Raymond Skibiski to operate a automotive repair business from his residence at 590 Colebrook River Road.

o       He intends to operate this business from 6:00 PM to 10:00 PM on weekdays and all day on Saturdays.

o       He intends to operate from two existing bays, one with a lift, currently attached to his house.

o       He intends to have 4 or 5 cars on his property aside from his 6 personal cars.

o       He will not be storing fuel on the property.

o       Used oil and hazard waste will be disposed of at his employers site.

o       He will carry liability insurance.

o       Storage of parts outside of garage


Question and Comments from the Audience:

o       Margaret McCelland expressed her concerns about pollution.

o       Diane Alia spoke about the dangers inherent in Transmission fluids, the danger of fire from explosions, batteries and oil filters

o       Shirley Warner expressed concern about leakage from cars waiting to be repaired.

o       General concerns were expressed about commercialization of the neighborhood from Sullivan’s small engine repair shop across the street and now, this new operation.

o       Steven Palmer expressed his opinion strongly, “Not in my backyard”.

o       Mrs Skibiski and her daughter spoke in favor of the permit.

o       Mike Dunn, is about to move in next door.  It stated that “this is going to be an eyesore”.  His well is 150 feet from this garage.  He is very concerned about the constant noise which will be present whenever he arrives home to relax for the evening or the weekend.  He expressed concern about “Things Happening”.

o       Shirley Warner spoke again regarding the adverse effect this operation would have on the neighbor’s property values.

o       Wesley Green asked why there was no hearing for Sullivan’s Small Engine repair business or Kevin Kenney’s business.

o       Susan Moore made three points

1.      The Town of Tolland should not spot zone.  They should designate a Commercial area, preferably on Rt. 57.

2.      This is a commercial operation in a residential neighborhood and as such should not be permited.

3.      The possibility of spillage is much greater when someone works on cars all day, and then every night.

o       Susan Voudren stated that approval of this permit would cause deterioration of property values in the neighborhood.

o       Jack Alia questioned whether he was going to have dumpsters, and stated that he would need more than one.  He also questioned the safety of storing inflammable materials.

o       Mike Dunn questioned whether the Town would be responsible for any damage incurred. “Will the Town give training to its fire department?”, “Will the Town inspect the operation, periodically?”.  He warned the Planning Board to consider other serious safety concerns.

o       Henry Mulvaney also spoke against the project.

o       Steven Palmer stated that the Town should protect the environment and keep the area rural.  He stated that this project would adversely effect property values.

o       Wesley Green redirected his question regarding the Sullivan and Kenney operations to the Planning Board.

o       Nichole Dunn questioned the number of delivery trucks making stops at this location.  She voiced an objection to the hours of operation.

o       Shirley Warner objected to the precedent of commercial operations in residential zones.

o       Sep Warner remarked that the quality of life will diminish with approval of this project.

        o       Steve Palmer repeated the same quality of life objection.


The Planning Board stated that they will investigate the Sullivan and Kenny business.  They will also solicit information on this project from the Fire Chief, Police department, Building Inspector and the Town Insurance Agent.


Motion to continue the Special Hearing to the next month’s Planning Board Meeting was made, seconded and approved unanimously.    


        Public Hearing to be Continued November 15, 2004 at 7:00 pm.


Regular Meeting opened at 8:22 by Chairman Steve McAlister

Present: Steve McAlister
Gertrude McKay
James Joyce
James Deming
Jason Smith

New Business:

  1.   Applicant:      Diane Winkler
Address:        41 Fox Den Road
Location:       Map 120, Lot 113
Description: Site Plan Approval for a 26’x26’ garage and 12x ??
            Workshop

Action Taken: Site Plan Approval given.

2. Applicant:   Mark Harutunian

Location:       292 Fox Den Road
                Map 120, Lot 84

        Description:  Applicant had received Site Plan Approval, September 16, 2002 to add 3 feet onto each of 3 sides of existing porches. The side line setback shown on his site plan, was drawn in by hand and showed the new deck would be 32 feet from the side line.


                        Based on the complaint of a neighbor, Gert McKay appealed to the Zoning Enforcement Officer on September 13th, 2004, to have the distance checked and a Stop and Desist Order placed on the Project.  The Zoning Enforcement Officer declined to measure the setback, but recommended that Gert McKay measure it.  On measuring the setback, on September 16th, the setback was found to be 15’1” from the front edge of the side deck to the property line and 14’11” from the rear edge of the side deck to the property line. The Zoning Enforcement Officer was notified of the result and a Stop and Desist order requested, via a message on his answering machine, the same afternoon. On September 28th,2004. the Zoning Enforcement Officer was again asked to place a Cease and Desist Order on the project.   

        The applicant meet with the Zoning Enforcement Officer on September 30th, and was told to stop all construction.  A Stop and Desist order was not,  however. issued.  The applicant appeared before the Board to find out what could be done.


Action Taken:  The Board told the applicant that he could request a Variance from the Zoning Board of Appeals.

3.    Applicant:        Lou Bucari

     Location:   Fox Den
       Map 120, Lot 36 


        Description: Site Plan for single family dwelling


     Action Taken: This is a pre-existing, non-conforming lot in Wildwood. As set backs are meet, site plan was approved.


  4.   Applicant:      Dave Pickhardt

Location:       211 Moreau Road
                        Map 101, lot 5

     Description: Site Plan Approval for two existing sheds and a 14’x20’ garage.  This is on a pre-existing, non-conforming lot, but at least one shed is within the setback.

Action Taken: A Public Hearing will be held November 15 for a Variance.


Meeting adjourned.

Respectfully submitted,
Gertrude T. McKay
                        



 
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