BOARD OF SELECTMEN
SPECIAL MEETING June 11, 2001
TOWN OFFICE BUILDING 6:30 PM
First Selectman Patton called the meeting to order at 6:30 P.M. with the following in attendance: Selectman Knight, Attorney S. Boyan, C. Jordan, P. Pribula, R. Tulis and R. Waldo. Selectman Ennis was absent.
APPROVAL OF MINUTES
SELECTMAN KNIGHT MOVED TO APPROVE THE MINUTES OF 6/4/01 WITH THE FOLLOWING CORRECTIONS: PG. 3 UNDER PUBLIC WORKS, SHOULD READ TANK BEING TOO CLOSE AND COUPLE OF DIFFERENT PLANS.
Selectman Patton seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 0 N0
PRESENT TO SPEAK – No one.
CORRESPONDENCE
A report of correspondence was available at the meeting and in the Selectmen’s office.
CONSERVATION EASEMENTS
Attorney Susan Boyan was present with her client Russ Waldo, of Willington Developers, to discuss the Town returning easements and open space parcels that were deeded to the Town when Mr. Waldo was doing a subdivision. Section 1 sold out but only one lot in section 2 sold. Mr. Waldo decided to un-subdivide the land and eliminate the lot lines. He would like to pay a fee in lieu of open space for the lots that were sold. At a PZC meeting, for an amendment to subdivision Fenton Bluffs, Section 2, 3, 4 & 5, the Commission approved removing all lot lines and road line for 3, 4 & 5 and the unsold portions of section 2 and that the open space would revert back to Mr. Waldo, release the conservation easement on all lots except 14 in section 2 and the drainage easement on lots 33, 37, 41, 44 &
45. At that same meeting, under application for a re-subdivision of section 2, the Commission approved a recommendation to the Board of Selectmen that they could consider a fee in lieu of and allow section 1 & 2 to revert back to Mr. Waldo. Mr. Waldo commented that the open space and conservation easements serve no purpose now. Atty. Boyan commented that you can’t do anything with it because it is in forestry. Carol Jordan commented that you can’t do anything due to the conservation easements. The concern of the Conservation Commission is that there are lots above and below, there are lots in section 2 left unprotected. Mr. Waldo commented that it is not a question of not being protected; it is a question of cleaning up a situation that does not work. Further discussion followed on the easements, open space and fee in lieu of and what the formula is for that. First Selectman Patton questioned what the Town is required to do,
what our obligations are. Atty. Boyan commented that there is no case law on this; we are saying is it really fair to tie up 90 acres that the PZC recommended that the Board of Selectmen consider a fee in lieu of instead? Mr. Waldo commented that he thought Attorney Branse made the recommendation. First Selectman Patton commented that he thinks that since the PZC put the easement on they have to take it off. Carol Jordan commented that the Conservation Commission was made the agent.
SPECIAL MEETING -2- June 11, 2001
Selectman Knight commented that the conservation easements are there to protect the people moving in next door, now there is no one moving in. The question was raised on whether the Town had to give it back. Atty. Boyan commented that 2.5 years ago PZC thought it was fair to give it back. First Selectman Patton commented that we might have to go to Town Meeting. First Selectman Patton commented that he thinks he understands what is going on now. We need to find out who releases easements, open space and the formula for fee in lieu of. The Conservation Commission is meeting next week. Carol Jordan asked that she be copied on correspondence. Selectman Knight commented we value your input; it gives another point of view. C. Jordan commented that since it is not continuous
it might be worth taking a fee in lieu of. The Conservation Commission is concerned about the stream and property owners down stream. First Selectman Patton commented that he would probably talk to Atty. Branse on this. We will meet again on July 2nd. Mr. Waldo asked if there was anything else the Board needed from him? First Selectman Patton said he did not think so, he can certainly understand what Mr. Waldo is going through, we need to find out what we can do. He wishes Selectman Ennis was here, we will have to cover the same ground the next time. Selectman Knight commented that he is reasonably up to date on things. We need to keep the drainage easement on #14. It would be nice to get this straightened out, he understands their feelings on the conservation easements, he is not sure about open space. Atty. Boyan commented that they will be at the July 2nd. meeting.
GEOGRAPHIC TOWN MANAGEMENT SYSTEMS
There will be a meeting with this company on Friday, June 15, 2001 at 10:00 A.M.
SET DATE FOR PUBLIC HEARING & TOWN MEETING
First Selectman Patton commented that the Board received a letter from the Library Board of Directors requesting authorization to go to Public Hearing and Town Meeting for preparing documents for the donated land for a new Willington Public Library. The Library and River Road Recreation also want to apply for the Connecticut Neighborhood Assistance Act and that must go to Public Hearing & Town Meeting.
FIRST SELECTMAN PATTON MOVED TO HOLD A PUBLIC HEARING AT THE TOWN HALL ON JUNE 19, 2001 AT 7:00 P.M. FOR THE ATTACHED CALL.
Selectman Knight seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 0 NO
FIRST SELECTMAN PATTON MOVED TO HOLD A TOWN MEETING AT THE TOWN HALL ON JUNE 19, 2001 IMMEDIATELY FOLLOWING THE 7:00 P.M. PUBLIC HEARING FOR THE ATTACHED CALL.
Selectman Knight seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 0 NO
GOOD & WELFARE
SELECTMAN KNIGHT MOVED TO CANCEL THE JUNE 18, 2001 MEETING OF THE BOARD OF SELECTMEN.
First Selectman Patton seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 0 NO
SPECIAL MEETING -3- June 11, 2001
SELECTMAN KNIGHT MOVED TO ADJOURN THE MEETING AT 7:50 P.M.
First Selectman Patton seconded the motion.
VOTE: 2 YES (PATTON & KNIGHT) 0 NO
Respectfully submitted,
Mary Bowen
Secretary
Attached.
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