TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
APRIL 3, 2001
R. TULIS CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:33 P.M. APRIL 3, 2001, AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
R. Tulis B. Begansky
L. Dion S. Kneeland
A. St. Louis D. Cushman
E. Kalbac D. Lytwynn, alt.
B. Goodale, alt.
S. Trueb, alt.
S. Yorgensen, Planning-Zoning agent
L. Decker, recording clerk
The commission seated S. Trueb for D. Cushman and B. Goodale for S. Kneeland.
R. TULIS MOVED TO ADD PLAN OF CONSERVATION & DEVELOPMENT TO THE AGENDA AFTER STAFF REPORT.
SECONDED BY L. DION. UNANIMOUSLY APPROVED.
NEW BUSINESS:
1. File #2001-19: Public Hearing on 04/17/01
2. File #2001-22: Public Hearing on 04/17/01
The commission set a sitewalk for File #2001-22 for 6 p.m. April 11th, with a rain date of 6 p.m. April 12th.
3. File #2001-24: Public Hearing on 05/01/01
4. File #2001-27-Application for an amended subdivision on Ruby Road. Brace and Leanne Peters owners/applicants. (Received on 04/03/01, decision by 06/05/01).
S. Yorgensen said this was originally a 2-lot subdivision done in 1978. They came back in 1980 and did 3 more lots, and took away access to one of the lots. An access was developed later from a different lot and road. She described the layout of the property.
The applicants want to take of portion of one of the new lots and hook it to another & keep the access. Since they are reducing the size of one lot, it is considered under the regulations to be an amended subdivision.
The commission reviewed the map including access routes for the portion of the property being cut off. Brace Peters said the access now is off of Jared Sparks Road, #37, and noted a house is already there.
R. Tulis said this is really just a boundary adjustment. In reality it is a rear lot, but because of the frontage, it is not.
S. Yorgensen said she has no problems with this request.
L. DION MOVED TO APPROVE FILE #2001-27-APPLICATION FOR AN AMENDED SUBDIVISION ON RUBY ROAD. BRACE AND LEANNE PETERS OWNERS/APPLICANTS. (RECEIVED ON 04/03/01, DECISION BY 06/05/01).
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
5. File #2001-28-Application for a logging permit located off Blair Road (Map 53, Lot 01, 44 acres). Northeast Utilities owner/Ferrucci & Walicki, LLC, applicants. (Received on 04/03/01, decision by 06/05/01).
S. Yorgensen said Gary reviewed this and said it looks fine.
R. Tulis asked if we know anything about the applicants. S. Yorgensen said they mainly work on the other side of the state, and she has heard nothing but good things about them.
L. Dion asked how much acreage was in Willington. R. Tulis said about 15 acres.
S. Yorgensen said she believes the applicants are contracted for all CL&P properties.
R. Tulis asked if it was near the substation. S. Yorgensen said Yes.
B. Goodale asked if it was on both sides of the road. S. Yorgensen said it appears to be one, based on the topographical map.
E. Kalbac said trimming was done in the area about 4 years ago.
The commission reviewed the map.
R. Tulis asked if the trees were marked. S. Yorgensen said Yes.
R. Tulis asked if abutters were notified. S. Yorgensen said she did not see the green cards in the file.
Tom Degnan, senior forester with Ferrucci & Walicki, turned in the abutters’ receipts for the record.
A. St. Louis asked when they planned to start. T. Degnan said the project is not out to bid yet. They are looking to do it this summer in a low-flow period – possibly even as late as next winter. It may be extended to March 2002. They are proposing mostly thinning. There is a 10-year management plan in place. He reviewed the wetlands information and noted the IWWC has approved this. There is a landing area that straddles the Willington/Stafford town line. The gate comes in from Stafford and there is no access from the Willington side. The job will probably take a total of 6 weeks. There is about 15 acres in Willington on which they will be harvesting, and it calls for about 180 trees. The boundaries are all identified and flagged and the trees are marked with paint, which is standard on all their jobs. The
proposal has also been reviewed with the neighbors. He reviewed the layout of the property.
L. Dion asked if they would be using skidders. T. Degnan said he did not know yet. They must measure and tally the wood and the timber will go to bid. Equipment to be used will be evaluated and will be part of the bid. Work may be done by a forwarder, or even a chainsaw harvest. It will ultimately rest on who the likely buyer is. He reviewed various buyers’ methods and their equipment use histories.
L. Dion asked about hours of operation. T. Degnan said he tends to see a 7 a.m. start time. If they are loading in a residential area the trucks would be asked to work more the hours of 8 a.m. – 6 p.m. since loading tends to be the loudest activity. For this harvest, most of the activity is out in the woods.
The commission discussed hours of operation and the proximity of neighbors to the areas of activity.
A. St. Louis asked if this is the first harvest on this site. T. Degnan said Yes, though he has seen some signs of firewood cutting there.
L. Dion asked about the tops. T. Degnan said they would be left in place and lopped to about 5 feet. They will decay naturally.
R. Tulis reviewed the regulations for tops and noted it required 3 feet. T. Degnan said that would be written into the plans.
E. Kalbac asked for specifics on the location of work. T. Degnan reviewed the area.
R. Tulis asked about supervision. T. Degnan said he would be the supervisor, and depending on the weather, he is usually out to the site 1-2 times a week. They are holding a $2000 bond to be sure that the provisions of the contract are upheld. He will get the job started and go through everything with the contractor, and the job is not closed until he gives the final go-ahead.
S. Yorgensen asked if they would be beginning soon. T. Degnan said they would not be starting until at least June 1, 2001.
S. Yorgensen asked when they anticipated future work. T. Degnan reviewed the management plan and said it will likely be in about 10 years.
A. ST. LOUIS MOVED TO APPROVE FILE #2001-28-APPLICATION FOR A LOGGING PERMIT LOCATED OFF BLAIR ROAD (MAP 53, LOT 01, 44 ACRES). NORTHEAST UTILITIES OWNER/FERRUCCI & WALICKI, LLC, APPLICANTS. (RECEIVED ON 04/03/01, DECISION BY 06/05/01), WITH THE FOLLOWING CONDITIONS:
1) tops shall be cut per Section 11.21.04.08
2) hours of operation shall be 7 a.m. – 7 p.m.
3) zoning agent shall be notified of selected contractor and actual start date
SECONDED BY R. TULIS. UNANIMOUSLY APPROVED.
OLD BUSINESS:
1. File #2001-01-Request for a regulation change to Sections 5.07.03.01 & 5.08.03.01. Stephen Amedy, applicant. (Received on 01/16/01, 14-day extension requested and approved, hearing on 03/27/01, decision by 05/01/01).
S. Trueb asked about the regulation allowing the commission to make the setbacks 50 feet in a DER zone.
The commission discussed the regulation and scenarios to which it legally applies.
S. Yorgensen said she will put together an info packet with the response from Mark Branse, and comparative information from other zones.
R. Tulis said he is not in favor of changing the regulation for DCR zones based on the town’s history of apartment buildings, which has not been great. High-density housing places a lot of demands on the land, and the commission should try to keep the overall density from getting out of hand.
The commission reviewed the regulations and use tables.
The commission concurred that based on the regulations, it might be possible to move the town’s proposed senior housing project within 50 feet of the town office building under the current regs and situation.
R. Tulis said his biggest concern is demand on the land. He does not want to see sewer lines and a bulk water treatment facility become necessary.
The commission tabled further discussion.
2. File #2001-02-Request for a regulation change to Section 5.08.05.02.02 & 5.08.06.03.02. Stephen Amedy, applicant. (Received on 01/16/01, 14-day extension requested and approved, hearing on 03/27/01, decision by 05/01/01).
S. Yorgensen said the commission has received a response from Mark Branse on this proposed change. She noted that there may be court precedence under the Federal Fair Housing Act that would not allow for age limitations, unless it is specifically a DER zone.
The commission discussed federal guidelines and state statutes.
S. Yorgensen said one thing the town housing authority did immediately was try to get the zone changed to DER because that is one of the things needed to qualify them to pursue funding. She feels the feedback that has been received is correct – that if the housing is not in a DER zone, it must follow the FHA and the age exemption would not apply.
R. Tulis asked if 62 was just an arbitrary number.
S. Yorgensen said Yes. The federal requirement is 55. Al Diccico is the one who years ago suggested 62.
R. Tulis said he would like to research back to find out why 62 was chosen when the regs were being re-done.
S. Yorgensen said Mark Branse has no problem with the change since it concurs with federal guidelines.
The commission tabled further discussion.
3. File #2000-57-Amendments to zoning regulations of the Town of Willington to include wireless telecommunications facilities in Sections 3, 5 and 11 and clarification of verbiage in various other sections. Town of Willington, applicant. (Public hearing 01/16/01 & 3/27/01).
The commission discussed variances as they would apply to putting up sheds, and possible ways to amend the A2 survey requirements. They reviewed the legal ramifications and options for change.
S. Yorgensen noted that A2s on new subdivisions actually only A2 the outside boundaries. The individual lots are not pinned until later.
R. Tulis said if someone is in one of the middle lots and wants to build something, the surveyor must pull in from the outside boundaries of what may be a 150-acre property, and that becomes and expensive proposition. Each lot is not necessarily pinned to A2 accuracy.
The commission decided to get all the info together and tackle the several issues in the file topic-by-topic. Sue will put together a comprehensive packet of the proposed changes.
The commission set a Special Meeting for 05/29/01 to discuss and finalize any outstanding regulation changes.
MINUTES:
Deferred.
CORRESPONDENCE:
1. Memo on CCM Workshop covering “Billboards in Your Community”
2. Connecticut Town & City January-February 2001
3. 3/22 letter from R. Bober, re: drainage issues on Village Hill Road
4. CC 4/2 letter to R. Bober, re: drainage issues resolved
5. CC 3/22 Cease & Desist Order to United Services, re: Business Use of property without Special Exception
6. CC 3/22 Cease & Desist Order to Thomas & Irma Buccino, re: Business Use by United Services without Special Exception
DISCUSSION:
S. Yorgensen said the PZC is not listed on the town web site under “Boards and Commissions.”
The commission discussed problems with the website.
STAFF REPORT:
S. Yorgensen said regarding Mr. Bober’s letter about drainage problems, a catch basin was blocked because it was not plowed out. The basin was covered with snow. It was removed, and it is now fine.
R. Tulis suggested drafting a letter to the property owner to make him aware that the complaint had been received and resolved. Perhaps his contractor may be able to tackle snow removal differently in the future to avoid reoccurrence of the problem.
S. Yorgensen said regarding the Cease & Desist orders, any building in a design zone with any change in use must have a special permit, and any in a non-conforming property must go to ZBA for a Special Exception. Mr. Buccino rented part of the mill without coming before the ZBA, so Gary issued a Cease & Desist.
PLAN OF CONSERVATION & DEVELOPMENT:
R. Tulis said the commission needs to be sure someone is authorized to sign the contract. He wants to be sure there are no problems before the 4/17 changeover in officers.
A. St. Louis asked if the contract had been reviewed by counsel.
R. Tulis said it has, and some subsequent changes have been made. He has spoken with both Mark Branse and Carol Briggs about the contract.
L. DION MOVED TO DESIGNATE RALPH TULIS AS THE COMMISSION’S AUTHORIZED INDIVIDUAL TO SIGN THE CONTRACT WITH CLOUGH HARBOR & ASSOCIATES FOR THE PLAN OF CONSERVATION & DEVELOPMENT; AND THAT RALPH TULIS BE APPOINTED AS LIAISON FROM THE PZC TO ACT IN THE BEST INTERESTS OF THE COMMISSION REGARDING DEVELOPMENT OF THE PLAN.
SECONDED BY S. TRUEB.
YES: L. Dion, A. St. Louis, E. Kalbac, B. Goodale, S. Trueb
ABSTAIN: R. Tulis
Motion passes.
S. TRUEB MOVED TO ADJOURN THE MEETING AT 9:38 P.M.
SECONDED BY L. DION. UNANIMOUSLY APPROVED.
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