TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
JULY 18, 2000
R. TULIS CALLED A MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:38 P.M. JULY 18, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
R. Tulis L. Dion
E. Kalbac B. Begansky
A. St. Louis D. Cushman
S. Trueb, alt. S. Kneeland
D. Lytwynn, alt.
W. Goodale, alt.
S. Yorgensen , Planning-Zoning/Wetlands agent
L. Decker, recording clerk
The commission seated S. Trueb for L. Dion.
PUBLIC HEARING:
1. File #2000-26-Application for a special permit to construct a monopole antenna tower and support building for a wireless communications facility at 426 River Road (Map 34, Lot 10, R-80 zone). Willington Fire Dept. #1 owners/applicants. (Received on 5/16/00, public hearing on 07/18/00, decision by 09/19/00).
Attorney Christopher Smith of the law firm of Pullman & Comley spoke on behalf of the applicants.
C. Smith, Attorney for the Fire Department, submitted into the record the registered receipts of notification to abutting property owners and an informational packet on the application.
Attorney. Smith gave an overall review of the packet describing the various exhibits and noted that the IWWC has already granted approval for this activity. He said the site is 12.6 acres on the westerly side off Route 32. He reviewed the map showing the intersection of Route 32 and Trask Road, the fire station, existing access driveway and intended location of the monopole. He stated that: There is a large knoll between the area of activity and the wetlands on the property. There are no watercourses and the area consists of some steep slopes. The maximum slope is 47% and there is no activity proposed in the steep areas.
C. Smith said they plan to make improvements to the access drive, and will have construction of an equipment shelter, pre-fabricated single-story, and the 110-foot monopole. He said that the foundation is 15.5' x 15.5'. A 40' x 80' chain-link fence will be installed around the gravel compound area. They are only making the access drive "driveable," and are taking out rocks and doing some minor grading. Mr. Smith said that there would be trips up the drive about once a month by SNET or other companies using the pole. There is no extensive grading and no impact on drainage. He added that, no hazardous materials would be stored on the site during construction.
C. Smith said utilities would run from Trask Road along the access drive. He said that they would prefer to not do directional drilling, because of the slope. Regarding lighting, he said that they have no problem with using sensors since the lights do not need to be on 24 hours a day.
Mr. George Pendelton of McGuire Group said that an additional utility pole would be needed at the bottom of the drive.
E. Kalbac asked how they plan on digging from the fire station to the monopole since it is quite steep and there is outcropping of ledge.
George Pendelton, Senior Engineer with McGuire Group said they propose to run from the fire station to the compound two small 3-4" conduits, a control wire for emergency power in the event of a power failure. They plan on hand digging because of the slope and outcrops. The exact route of the wiring will be field-determined to provide the minimum disturbance. He said that this is not a typical trench, it is 1-2' below grade.
E. Kalbac said that sounds good, but the trench is 300-400' long.
G. Pendelton said this has been done before. Operating equipment on the slope would be difficult. He described the area and said this proposed location is the best for radio signals and works within the wetland setbacks.
G. Pendelton reviewed the dimensions and layout of the monopole and noted the overall height will be no more than 115 feet. There is no FAA lighting required at that height. The compound will have a pebble stone finish and will sit on a foundation with footings down a few feet to rock. Mr. Pendelton said that the tower foundation is 15 square feet with a 6-foot pedestal exposed above the gravel. There is a small meter panel outside and there will be no need for any new utilities for additional carriers and that any future work can be done within the compound.
G. Pendelton said no change of slope along the drive is proposed. The roadwork will be done first to eliminate any erosion during construction. The other road to the fire department cannot be used because of the extensive slopes. He reviewed the entire construction sequence. It will all be done in one phase, and should be about 6 weeks from start to finish. Once it is completed, the facilities will be ready to easily accommodate any future carriers. He reviewed the plans noting specifics of the facilities and equipment shelter.
The commission discussed a typo in the original plan with Attorney Smith. It was noted that the overall height would be 115 feet, not 131.5 feet. The fire department's antenna was lowered from the original plan.
S. Trueb asked why it was lowered.
G. Pendelton said it was done to meet regulations and property line setbacks. Also, having it higher on the pole would really not have any benefit.
C. Smith said the application satisfies the zoning amendment as approved in March 2000, and also satisfies the town's special permit regulations in Section 13. There will be no traffic or drainage problems. He said that; the public health and safety requirements are also met, that there will be minimal disturbance, it will remain a wooded area, that they are using an existing driveway and will permit future co-locators.
C. Smith noted that SNET is not an applicant. He said that any future user must go to the siting council. He said that a new tower must come before the commission for approval per the regulations. Town Engineer Karl Acimovic has not provided comments as of yet, but did walk the site with the IWWC in May. If the commission votes to close the hearing, the applicants are certainly open to a condition stating this is subject to any outside consultant approval and necessary changes can be made administratively.
A. St. Louis asked about an additional gate at the northeast access road.
S. Yorgensen said that is the area where the barbed wire fence is shown.
Fire Chief Tyler Millix said a gate will be put there.
C. Smith said that can also be an approval condition.
A. St. Louis asked if the building would be coming in as one big piece.
G. Pendelton said that is the plan. It will come in as a wide load.
A. St. Louis said he thinks they will have to do a lot of clearing to get the building up there. The access drive is not wide.
G. Pendelton said they would trim the low-lying branches. The large growth is sufficiently far back.
S. Yorgensen said the road is only about 7.5 - 8-feet wide and if the pre-fab building is in 11 1/2 foot pieces she can not understand how the existing road will not need to be widened since in some spots there is a bank on one side and a cliff on the other.
G. Pendelton said he feels it should be sufficient.
A. St. Louis asked what is the nearest location where they have installed a similar tower.
G. Pendelton said there is one in Tolland, and one in Union.
The commission discussed the surface and design of the monopole.
R. Tulis asked where on the pole's additional platforms would go.
G. Pendelton reviewed the drawings.
R. Tulis asked the number of carriers that could go on the pole.
G. Pendelton said it is dependent on who the carriers are, since pager companies take up less space than a cellular company.
C. Smith said it is fair to say there is really only room for one more platform.
R. Tulis asked if any additional conduits would have to be run for additional telecommunications carriers.
G. Pendelton said there are two underground conduits. One is primary power and the other is phone service. That will not change unless CL&P requires more.
A. St. Louis asked if this was the only type of antenna that could be used at this height.
T. Millix said Yes. It is designed with 3 different frequencies. There are not many options.
R. Tulis asked if test pits had been dug, so they knew where they were going to go with the trench.
G. Pendelton said they were not dug on the road but were done for the foundation.
R. Tulis asked if they were prepared to deal with what they might get.
G. Pendelton said there were contingencies in the contract, and jackhammers would be used if necessary.
R. Tulis said he was confused as to why they did not do directional borings. They are digging about 2000 feet vs. 300 feet, and they may run into bedrock. Boring techniques are very good and it seems sensible to evaluate it. The cost of rock trenching may be very expensive.
G. Pendelton said the techniques have improved, but their plan will likely take less time and therefore have less overall cost, especially since the equipment is already on site.
C. Smith asked if Mr. Tulis was suggesting going from the fire department straight up to the site.
R. Tulis said no, and reviewed Sheet 3 and other possibilities for the trench. He also noted there was one area on the map where they are looking at an 18% grade, which does not meet the town's driveway regulations. The regulations say 10% for an unpaved drive. It is a 33% slope up the hillside, and he is not sure how they will accomplish the cuts.
G. Pendelton said they can certainly revisit the grading plan and pull the contours down farther to clear the slope.
The commission discussed grading.
S. Trueb asked why this particular spot was chosen.
C. Smith said it is advantageous for both the fire department and SNET. Also, having this site encourages future carriers to review this site first prior to requesting their own tower. It will work well for the carriers because it is near the highway, and it is good because it is in a rural area and there will not be a lot of disturbance.
S. Trueb asked if future expansion might mean more poles on the site.
C. Smith said that would likely go to the town attorney. He could argue it both ways.
S. Yorgensen said it could probably not be done within the current regulations.
R. Tulis asked if there were any questions or comments from the public.
Donald Parizek asked the total elevation above sea level.
R. Tulis said it is 642 feet.
D. Parizek asked what the color would be.
G. Pendelton said it is a gray galvanized finish.
D. Parizek said he has seen one pole made to look like a tree. He asked the length of construction.
G. Pendelton said typically it is about 6 weeks, but they cannot account for unforeseen weather.
The commission discussed the ownership contract of the pole.
Fire Department Capt. Stuart Cobb said that if SNET abandons the pole they would leave the tower for the fire department.
D. Parizek asked who covers maintenance costs.
C. Smith said SNET basically covers the cost for construction and maintenance. It will all be in the contract.
R. Tulis asked if there was any problem leaving this subject to Karl's review.
S. Yorgensen said she sees no problem with that, and some things will have to be fixed anyway.
S. Yorgensen said they had discussed earlier that Karl had not finished his review, and attorney for the applicants said they would be happy with a condition noting any revisions requested by Karl must be completed prior to granting the final permit.
S. Yorgensen listed other things that would need to be finalized prior to completion.
The commission discussed the slope and moving the building.
G. Pendelton said the building could be brought in on skids if necessary.
R. Tulis said the commission does recognize it is a one-time event.
S. Yorgensen said she would check with Karl regarding the construction area. It may need a little more defining. Also, any easements will need to be depicted on the map when the time comes.
The commission and applicants discussed what would be visible during various seasons.
R. Tulis said he felt comfortable with the visibility issue. He said you're going to see it - which's one of the disadvantages of towers.
S. Trueb asked if they would be keeping the brush down around it.
G. Pendelton said there is not much there. It is relatively open and flat.
A. St. Louis said the thinks the outstanding issues can be handled with conditions if the commission should vote to approve.
C. Smith said they have no problem with any conditions and being subject to final review by Karl and Sue.
A. ST. LOUIS MOVED TO CLOSE THE PUBLIC HEARING FOR FILE #2000-26-APPLICATION FOR A SPECIAL PERMIT TO CONSTRUCT A MONOPOLE ANTENNA TOWER AND SUPPORT BUILDING FOR A WIRELESS COMMUNICATIONS FACILITY AT 426 RIVER ROAD (MAP 34, LOT 10, R-80 ZONE). WILLINGTON FIRE DEPT. #1 OWNERS/APPLICANTS. (RECEIVED ON 5/16/00, PUBLIC HEARING ON 07/18/00, DECISION BY 09/19/00).
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
A recess was called at 9:23 p.m.
R. TULIS CALLED THE REGULAR MEETING TO ORDER AT 9:37 P.M.
Same members seated as above.
ADDITIONS TO THE AGENDA:
None.
NEW BUSINESS:
The commission agreed to consider Files #2000-27 and #2000-28 simultaneously.
1. File #2000-27-Application for a commercial logging permit located off Hancock Road (Map 38, Lot 20, 49 acres). Town of Willington, owner/Dan Donahue, applicant. (Received on 06/06/00, hearing or decision by 08/01/00).
2. File #2000-28-Application for a commercial logging permit located off Hancock Road (Map 38, Lot 23, 32 acres). George Callaway, owner/Dan Donahue, applicant. (Received on 06/06/00, hearing or decision by 08/01/00).
Dan Donahue, a certified forester, spoke on behalf of the applicants for both files.
D. Donahue reviewed the site maps with the commission. He said both jobs will be occurring simultaneously, and all materials will be moved to the landing site on the town property. There are only a couple differences in the forestry practices. There is no haul trail and no wetlands on the Callaway property. The principle access is on town property by the gate to the transfer station. He described the property and project layout and said he does not anticipate any S&E issues. There is no construction required for the landing site. He has worked on the property before, about 10 years ago, and they will be using the existing system of trails.
D. Donahue said the purpose of the town property harvest is to salvage dying hemlocks. They will be taking about 225 trees, or about 3500 board feet.
D. Donahue said he is in charge and he is the king. The plan is to install water bars if so required; though he does not think they will be needed based on previous experience with the property. There are no wetlands crossing or steep slopes, and the contract specifies the contractor must follow his instructions before, during and after, because he is basically the king. He will also have a cash performance bond.
D. Donahue said the Callaway property harvest is about 400 trees. He has met with Karl on the site to be sure there is no disturbance to the landfill cap. They will be very careful to follow the specific route laid out. The overall harvest is less than 10,000 board feet and it should be done fairly quickly.
S. Trueb asked who was doing the harvesting.
D. Donahue said it is Hull Forest Products.
A. St. Louis asked about the previous logging.
D. Donahue said it was done in 1989 and there is a management plan on the property.
S. Yorgensen asked how often he would be on site.
D. Donahue said he would be there for setup and at least once weekly after that. It depends on how well he knows the operator.
The commission discussed the projects.
A. ST. LOUIS MOVED TO APPROVE FILE #2000-27-APPLICATION FOR A COMMERCIAL LOGGING PERMIT LOCATED OFF HANCOCK ROAD (MAP 38, LOT 20, 49 ACRES). TOWN OF WILLINGTON, OWNER/DAN DONAHUE, APPLICANT. (RECEIVED ON 06/06/00, HEARING OR DECISION BY 08/01/00).
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
R. TULIS MOVED TO APPROVE FILE #2000-28-APPLICATION FOR A COMMERCIAL LOGGING PERMIT LOCATED OFF HANCOCK ROAD (MAP 38, LOT 23, 32 ACRES). GEORGE CALLAWAY, OWNER/DAN DONAHUE, APPLICANT. (RECEIVED ON 06/06/00, HEARING OR DECISION BY 08/01/00).
SECONDED BY A. ST. LOUIS. UNANIMOUSLY APPROVED.
3. FILE #99054-PROPOSED AMENDMEMENTS TO THE ZONING REGULATIONS.
Discussion deferred.
OLD BUSINESS:
1. File #2000-18-Application to amend the zoning regulations to allow Day Care Centers by special permit in an R-80 zone. Kids Express Learning Center & Daycare, LLC, applicants/Cheryl York and Barbara Merideth, owners. (Received on 03/21/00, hearing on 05/16/00, decision by 07/18/00).
S. Yorgensen distributed copies of the letter received from Attorney Mark Branse regarding the proposed changes and the commission's questions. She said in summary, Mark feels the commissions proposed changes would not really meet what the applicants are looking for.
R. Tulis said he was not at the public hearing and feels he should recuse himself from the vote, which will leave only three voting members.
The commission reviewed Mark's information and discussed the depth of proposed changes and concerns.
S. Yorgensen said Mark has stated the proposal is now substantially different from the application.
A. St. Louis said he wanted time to review Mark's comments and suggested calling a special meeting prior to the last legal date on which the commission can vote. There were others on the sitewalk not present tonight, and they should listen to the public hearing tape.
A. ST. LOUIS MOVED TO CALL A SPECIAL MEETING FOR 7:30 P.M. AUGUST 1, 2000.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
MINUTES:
A. ST. LOUIS MOVED TO APPROVE THE MINUTES OF 06/20/00 AS WRITTEN.
SECONDED BY S. TRUEB.
YES: A. St. Louis, S. Trueb, E. Kalbac
ABSTAIN: R. Tulis
CORRESPONDENCE:
1. Land Use Law & Zoning Digest, June 2000
2. May 31 letter and informational packet from MUNICIPOLL, re: polling information & costs
3. Connecticut Town City, CCM Newsletter May-June 2000
4. Connecticut Bar Association Planning & Zoning Newsletter, May 2000
5. June 7 letter from the Windham Regional Council of Governments, re: Tolland zoning revisions
6. UCONN College of Continuing Studies workshop flier, re: ABC's of Paving
7. American Planning Association Newsletter, July -Sept. 2000
8. July 18 letter from Mark Branse, re: Application of Kids Express
9. CC letter to SNET Right-of-Way Site Acquisition, re: request to install equipment buildings
10. July 5 letter from Mark Branse, re: Cormier
DISCUSSION:
A. St. Louis noted there are three members who are consistently missing meetings. The commission discussed the related membership bylaws and attendance.
J. Patton noted that the town's school buses had been kicked out of the bus depot in Mansfield because they are no longer using Laidlaw. He discussed with the commission the options available including extension of the parking lot at the town garage, which is advantageous since it is near the fuel. The commission reviewed the necessary process to accomplish that goal, debating the need for a special permit and/or a zone change in order to be in accordance with the regulations.
STAFF REPORT:
S. Yorgensen distributed copies of the Tolland Plan of Conservation and Development for the commission's review.
Sue said a Notice of Violation has been written to Chris Turkington and his landscaping business regarding his operation which does not meet the conditions of his special exception.
Sue said she has received a letter from SNET regarding their installation of special substations without town approval or consent. Mark agrees they cannot do what they are doing. They are claiming DPUC exemption and putting up the stations anywhere they choose without permission or care.
Sue said Village Springs was told they could have no permit without first planting the trees as planned. They are asking if it is OK to have the trees in by the end of October in better planting season. The commission concurred there was no problem with that.
S. TRUEB MOVED TO ADJOURN THE MEETING AT 11:59 P.M.
SECONDED BY E. KALBAC.
UNANIMOUSLY APPROVED.
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