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Planning and Zoning Minutes 4-17-2001
TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
APRIL 17, 2001


A. ST. LOUIS CALLED A MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:32 P.M. APRIL 17, 2001, AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.

PRESENT:                                        ABSENT:
A. St. Louis, chairman                  D. Cushman
R. Tulis, vice chairman                 S. Kneeland
E. Kalbac, secretary                            B. Begansky
L. Dion                                         D. Lytwynn, alt.
W. Goodale, alt.
S. Trueb, alt.


G. Jones, assistant zoning agent
L. Decker, recording clerk

W. Goodale seated for S. Kneeland and S. Trueb for D. Cushman.

PUBLIC HEARINGS:

1.     File #2001-19-Application for a special permit for a home occupation to sell and repair modern & antique shotguns and rifles located at 96 Spak Road (Map 52, Lot 29A). James H. & Annemarie Poole owners/applicants. (Received on 03/06/01, hearing on 04/17/01, decision by 06/19/01).

James Poole said he previously ran the Ashbrook Gun Shop in Coventry. He does repairs of muzzle firearms and rifles, but does not deal in handguns at all. The regulations on handguns are much too severe to even get into. He must run in compliance with BATF regulations, all guns going in and out must be registered, and he collects federal taxes based on the repairs. Mr. Poole said that an antique gun is anything from 1896 or earlier for which ammunition is not available. If you can get ammo for it, it is not an antique. All state police regulations must be complied with as well, and he must work with the state police to get approval to sell to anyone, which is a requirement based on the Brady Act.
He does not make his own parts, and only deals with parts that are commercially available. The black powder firearms often have broken springs, which is a common repair. He said that he has been doing this for 9 years, and moved to town 2 years ago. It was necessary to completely reapply with the BATF because licenses can no longer be transferred. The final BATF approval is pending approval from the PZC.
He reviewed pictures of the property, the site map and info from the assessor’s map, noting he is parcel 29A.


R. Tulis asked if that was the property by the Christmas trees. J. Poole said yes.

A. St. Louis asked about the square footage and areas of the house that would be used.
J. Poole said the facility is fully alarmed and monitored by the state police and ADT. The system does work, as a couple of false alarms have gone off. The area of use will be in the cellar. Per the BATF, you cannot have this type of shop or facility within the primary area of a home. Entry will be through the cellar in a 10’ x 18’ space. It has been reviewed and approved by the BATF. BATF officials also came to visit the zoning office to review any local requirements. The space is walled off and locked by a single door by the stairs. The entire cellar is alarmed with motion detectors.

All abutters have been notified. A. St. Louis said the receipts are in the file.

R. Tulis asked if a state license was also required. J. Poole said he must apply to the state, and they send it to the BATF if there are any problems. He not responding, that signified everything's OK, has presented this to the local Commander and. But the required license is federal.

R. Tulis said this is a retail business, and asked if there would be any traffic problems.
J. Poole said traffic would be very infrequent. He mainly deals with high-end dealers, and probably gets about 3-5 visits a month. It is easier to attend a gun show and show catalogs. Customers would then come in and fill out the necessary paperwork.

R. Tulis asked if this is more of a hobby.  J. Poole said it is a goal for retirement, but the BATF does not allow this to be classified as a hobby.

L. Dion asked if there would be deliveries from companies such as UPS.  J. Poole said yes.

L. Dion asked if packages could be delivered and left. J. Poole said No. He must go to Bozrah and pick packages up. Nothing can be drop-shipped. Al shipments require an adult signature to be received.

L. Dion said his concern was the number of delivery trucks for a business in a residential area, but it sounds like it is not a concern. J. Poole said it would not be a concern. Normal UPS deliveries are from one a week to 2 a month.

L. Dion asked if there was any signage proposed. J. Poole said No, and he will come back if it becomes necessary.

L. Dion said the commission often puts conditions on permits such as annual renewal so the permit can be reviewed for any problems or incidents, though he is not saying there would be any. It is just a precaution. J. Poole said he lives here in town as well, and wants such diligence exercised.

A. St. Louis asked Mr. Poole if he did appraisals.  J. Poole said yes, mostly on antiques.

E. Kalbac asked if he or someone brought in a rifle, would there be ammo such as shells available. J. Poole said No. It is incumbent of him to record the serial number of any gun that comes on the premises. That is dictated by the BATF. Some antiques have no serial number. So, a description of the gun is written down. The state and local authorities to aid in recovery of weapons have called him often.

W. Goodale asked if there would be any parking concerns. J. Poole reviewed the pictures of the driveway area. There is a fair amount of parking, which should be sufficient. He does not anticipate having more than one car at a time.  He described the location of the house.

W. Goodale asked if there was any outside use planned, and if he would be testing guns.
J. Poole said he does shoot his own guns on the property, but never anyone else’s. If it is necessary to test a customer’s gun, he takes them as a guest to the Rockville Fish & Game Club or the Fin, Fur & feather in Chaplin where he is a member. He does not want his yard to become a shooting range.

S. Trueb asked about the entrance and office area. J. Poole said it is in the cellar. He showed the work area on the plans. The rest is storage of whatever he has in the cellar.

S. Trueb asked if the items were locked up inside. J. Poole said they are cable locked and placed in a safe. Trigger locks are also required, and everything must be labeled.

A. St. Louis asked if all items would be sol out of that location. J. Poole said yes, and he cannot sell outside the location as per BATF regulations. Actually, he can sell outside the location, but cannot transfer a gun outside of the location. If someone buys something at a show, they must come pick it up and fill out the proper paperwork.

A. St. Louis asked about the use of any solvents, toxins or cleaning chemicals. J. Poole said most all the cleaning is done with hydrogen peroxide, Murphy’s Oil Soap and alcohol. There are no toxins in them, and no waste.

A. St. Louis asked the square footage of the house. J. Poole said it is 2968 per the town records.

A. St. Louis asked about gun poser and ammo. J. Poole said he is not licensed to sell black powder. That would require a separate federal regulation permit. The only powder there is for his personal use. There is no ammo other than his. The federal permit does not preclude it, but he is not doing it.

A. St. Louis asked if there were any questions or comments from the public. There were none.

R. TULIS MOVED TO CLOSE THE PUBLIC HEARING FOR FILE #2001-19-APPLICATION FOR A SPECIAL PERMIT FOR A HOME OCCUPATION TO SELL AND REPAIR MODERN & ANTIQUE SHOTGUNS AND RIFLES LOCATED AT 96 SPAK ROAD (MAP 52, LOT 29A). JAMES H. & ANNEMARIE POOLE OWNERS/APPLICANTS. (RECEIVED ON 03/06/01, HEARING ON 04/17/01, DECISION BY 06/19/01). SECONDED BY S. TRUEB.  UNANIMOUSLY APPROVED.


2.     File #2001-22-Application for a special permit for a rear lot located off Route 32 (219 River Road, Map 19, Lot 3). Kathryn Hallock owner/applicant. (Received on 03/06/01, hearing on 04/17/01, decision by 06/19/01).

Steve Klimkoski of Filip Associates spoke on behalf of the applicant.

S. Klimkoski submitted the abutters’ receipts for the record and noted that 2 were not returned. He submitted the copy of the letter sent. The applicant is looking for a rear lot on River Road. He showed the stonewall which runs the centerline of the property, and reviewed the acreage and information from the deed. They are reducing the size of the front lot and increasing the size of the back lot. He said there is a pond in the back lot.
There is an existing easement, which is in favor of the state of Connecticut. He detailed the wetlands constraints and soil & erosion control measures planned. He said regarding Section 4.18.04, a lot of the regulations could be waived.  R. Tulis said many of them are automatically waived.

S. Klimkoski said they are asking for a waiver of Section 13.03.03, if the sanitarian can submit a report that it is adequate. He spoke with Dave Potts a couple months ago, and there is a letter in the wetlands file.

The commission reviewed the items automatically waived.

S. Klimkoski said there is a driveway entering from Route 32 on the northeast corner. It conforms to the regulations in 4.2.1. They have a cross slope based on the drainage swale. The driveway is a bout 11% and the proposal is to have it all paved.
He reviewed the drainage area. The driveway reduced to about 4% in the area of the house. There is also a temporary grading easement on the side slopes. It is not 2-1, but rather 4-1 or 5-1 in most places.  On the rear lot, the house consists of a 3-bedroom dwelling. It has a domestic well. He reviewed the leeching trenches and wetlands info. The parcel has a capacity of 100% reserve area, which is in Dave Potts' letter. They are using silt fence and hay bales for S&E control toward the pond.  He reviewed the buildable square footage and noted all wired utilities are proposed to be underground. The siteline plans have been submitted to the state, but there has been no feedback yet. DOT guidelines for design speed of the road were used. They can get n excess of 700-800 feet, but still want to hear from DOT for final approval.

A. St. Louis stated for the record a sitewalk was held 4/11/01.
R. Tulis said his concern is the phone pole nest to the driveway. It is obvious they tired to move the driveway to the south to avoid it. The pole will be a Catch 22 for the siteline to the north. You must be either before or after it, and there is concern where the nose of the car will be.  S. Klimkoski said 15 feet back from the edge of the road is what is required.
R. Tulis said it is just a concern, and he want to make sure the applicant is comfortable with negotiating the driveway. It is not necessarily a problem, but it could be. S. Klimkoski said they were concerned, but regarding the 15-foot regulation, is not sure how many people will stop at that point anyway.  R. Tulis said he believes the issue is adequately covered.

S. Klimkoski said there are no trees or brush. It is pretty open, and is a flat road. R. Tulis said as a philosophical comment, he hates to see another lot cut into 2 lots.

E. Kalbac asked if the red line on the plans was the original boundary.  S. Klimkoski said yes.  E. Kalbac asked how much it was being moved up. S. Klimkoski said it is probably about 70-85 feet. He reviewed the dimensions.

R. Tulis asked if there was wetlands approval. G. Jones said yes.

R. Tulis asked about the outstanding DOT info.  S. Klimkoski said he was not sure if the commission wanted to keep the hearing open to obtain that. R. Tulis said it could also be conditioned to meet DOT sitelines.

W. Goodale asked if they had to wait to hear form the other 2 abutters. G. Jones said it could take a while. People do not always pick up their mail.  R. Tulis asked who did respond.  S. Klimkoski reviewed the abutters listed on the map. R. Tulis asked when the letters went out.  S. Klimkoski said April 4th.

G. Jones said the underground utilities should be shown. They might also consider putting a separator at the bottom of the hill. He is not sure how much water there will be. S. Klimkoski said it is under 2CFS in the report. R. Tulis said given the slope, it should be OK except in an extreme downpour.  S. Klimkoski said he has no problem showing the utility limes, but he thinks that is waived. A. St. Louis said 3.02.04.01 waives it, unless the commission requires it.  The commission reviewed the waiver regulations.  R. Tulis said if they are going underground, the exact location will not be known. S. Klimkoski said he could show intent. It will obviously be opposite the swale.
R. Tulis asked the approximate length of the utility lines. S. Klimkoski said it is about 300-340 to the access way, and about 70 to the house. R. Tulis said they should check with the poser company to make sure they will not need to run with a transformer in the back. They may need to decide on a location for a transformer pad.  S. Klimkoski said they might have to make a new easement if that is the case.

A. St. Louis asked if there were any questions or comments from the public. There were none.

The commission discussed keeping the hearing open for the outstanding DOT information and abutters notices. R. Tulis said the applicant did his job in notifying the abutters. You cannot make someone read his or her mail. L. Dion said the regulations do not say someone must read his mail – they said the applicant must notify them. If the applicant follows up on notices not received, that is above and beyond, but not required.

The commission agreed the regulations were met.

L. DION MOVED TO CLOSE THE PUBLIC HEARING FOR FILE #2001-22-APPLICATION FOR A SPECIAL PERMIT FOR A REAR LOT LOCATED OFF ROUTE 32 (219 RIVER ROAD, MAP 19, LOT 3). KATHRYN HALLOCK OWNER/APPLICANT. (RECEIVED ON 03/06/01, HEARING ON 04/17/01, DECISION BY 06/19/01).
SECONDED BY R. TULIS.  UNANIMOUSLY APPROVED.

A. ST. LOUIS CALLED THE REGULAR MEETING TO ORDER AT 8:30.
Same members seated as above.

NEW BUSINESS:

1.     File #2001-17-Renewal of special permit for Rainbow Acres Campground including approval of campground managers. Joe Halchek, owner.

A. St. Louis recused himself from this file.

G. Jones distributed a list of existing permit conditions.

Joe Halchek said everything is not quite ready yet because the weather has been so bad. The water must be filtered better. Someone is coming to install a bigger filter and the waster will then by tested.

He said last year there were no outside restrooms, but this year there are. That is also not complete yet because of the weather. The health inspector has been contacted and said he will come out as soon as everything is ready to go.

R. Tulis asked what Mr. Halchek’s plans were as far as managers. J. Halchek said he plans to have Bill & Mary Bayne manage the campground. Their qualifications have been sent to Sue.  A. St. Louis said there was a copy in the file.

B. Bayne said he ultimately wishes to purchase the campground and run it as his own. There are a lot of restrictions, but many are quite reasonable. They will start by managing the property, and would like to eventually put a home on the grounds. Sue said it might be possible. They would like to purchase it and run it as a family business. He said there are a lot of issues with the property, but he has experience with health, safety & environmental issues. The issue of being able to put up a house there is very important.

R. Tulis said that issue could be treated as any pre-application. It can be discussed, but nothing can be etched in stone.  B. Bayne said he is reviewing the regulations. His interim goal is to run the campground for Joe. R. Tulis said in the past, this has not been successful. He asked if there was any written, legal agreement between him and Mr. Halchek.  B. Bayne said not yet. R. Tulis said the commission would like to see one prior to renewing the permit.

Mr. Tulis asked about the condition regarding the trash hauler. G. Jones said there is a letter from Tobacco Valley in the file. There is also a receipt that the septic was cleaned at the end of last year.

L. Dion said the commission is looking for a sense that Mr. Bayne has the business sense and wherewithal to manage such as property, and a sense that the level of responsibility is understood. They want someone capable of running the day-to-day operations. B. Bayne said he needed to clarify things with Joe. If that goes through, he will be running the grounds, not Joe.

L. Dion said control needs to be maintained on noise levels and unauthorized people entering the grounds. History has shown a lot of problems with that.  B. Bayne said he is aware of some of those problems.

L. Dion said he urged that a detailed and all-encompassing agreement come into play.
R. Tulis said the commission will not be a problem if things are done right. He told Mr. Halchek he has earned his rest time and needs to let Mr. Bayne do the managing. Before considering renewal, it will be helpful to see the legal boundaries. B. Bayne said he understood the importance of what was being said.

R. Tulis said the conditions are on the permit now because of previous problems.
B. Bayne said he agreed with the conditions.

L. Dion said this is the third year and the third manager.

J. Halchek asked if Mr. Bayne would be allowed to put a house there. R. Tulis said the commission would have to review the regulations.

L. Dion said the commission discussed doing a sitewalk last year, and feels that is still appropriate.  R. Tulis said when they feel the conditions of the permit are met they should come back and it can be dealt with at the next meeting.

B. Bayne said he would like to put a house by the entrance road so he can better control the unauthorized entry problem. That would be helpful. The commission agreed.
B. Bayne said he was worked security before, and is not afraid to throw people out.

L. Dion said it is not the commission’s desire to have so many conditions on the permit, but business has the responsibility to run in compliance with the regulations. If that does not happen, the commission does have to option to deny the permit.

B. Bayne asked that if the sale goes through, that the commission judge this based on what he is doing, not what has been done in the past. He would ultimately like to get some of the restriction lifted. L. Dion said the commission turns a new page every year. It is incumbent upon the applicant to demonstrate he is in compliance with the regulations.

R. Tulis said it would be nice to see these things dealt with before they become issues. The commission will look at the issue of a house and see if it can be done.

Further discussion was tabled.

A. St. Louis was re-seated.

2.     File #2001-31-Applicaton for a special permit for a municipal recreation area located on the west side of Route 32, north of I-84 (Map 39, Lot 6, 8.11 acres). Town of Willington owners/applicants. (Received on 04/17/01, hearing by 06/19/01, decision by 08/21/01).

A. St. Louis said a public hearing date needs to be set, and a sitewalk would be beneficial as well.

The commission set a sitewalk for Thursday, May 10th at 6 p.m., with a rain date of Friday, May 11 at 6 p.m.

R. TULIS MOVED TO SET A PUBLIC HEARING DATE OF MAY 15, 2001 FOR FILE #2001-31-APPLICATION FOR A SPECIAL PERMIT FOR A MUNICIPAL RECREATION AREA LOCATED ON THE WEST SIDE OF ROUTE 32, NORTH OF I-84 (MAP 39, LOT 6, 8.11 ACRES). TOWN OF WILLINGTON OWNERS/APPLICANTS. (RECEIVED ON 04/17/01, HEARING BY 06/19/01, DECISION BY 08/21/01).
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.

3.     File #2001-24- Public hearing scheduled for 05/01/01.

OLD BUSINESS:

1.     File #2001-19-Application for a special permit for a home occupation to sell and repair modern & antique shotguns and rifles located at 96 Spak Road (Map 52, Lot 29A). James H. & Annemarie Poole owners/applicants. (Received on 03/06/01, hearing on 04/17/01, decision by 06/19/01).

R. Tulis said Mr. Poole is not the first firearms dealer in town.

G. Jones said he is very informed as to the regulations and requirement.

R. Tulis said if the business is run according to the testimony given at the hearing, there should be no problems. There will be no employees, no signs, and no outside use of customer firearms.

R. TULIS MOVED TO APPROVE FILE #2001-19-APPLICATION FOR A SPECIAL PERMIT FOR A HOME OCCUPATION TO SELL AND REPAIR MODERN & ANTIQUE SHOTGUNS AND RIFLES LOCATED AT 96 SPAK ROAD (MAP 52, LOT 29A). JAMES H. & ANNEMARIE POOLE OWNERS/APPLICANTS. (RECEIVED ON 03/06/01, HEARING ON 04/17/01, DECISION BY 06/19/01), WITH THE FOLLOWING CONDITIONS:

1) all federal licensing must be maintained
2) the special permit shall be annually renewable as of May 1st
3) a copy of the federal permit shall be submitted for the file
4) the business shall be run and maintained in accordance with testimony presented at public hearing

SECONDED BY S. TRUEB.  UNANIMOUSLY APPROVED.

2.     File #2001-22-Application for a special permit for a rear lot located off Route 32 (219 River Road, Map 19, Lot 3). Kathryn Hallock owner/applicant. (Received on 03/06/01, hearing on 04/17/01, decision by 06/19/01).

A. St. Louis said he has no problems in general with this application, though some conditions may be necessary.

The commission discussed possible conditions.

A. ST. LOUIS MOVED TO APPROVE FILE #2001-22-APPLICATION FOR A SPECIAL PERMIT FOR A REAR LOT LOCATED OFF ROUTE 32 (219 RIVER ROAD, MAP 19, LOT 3). KATHRYN HALLOCK OWNER/APPLICANT. (RECEIVED ON 03/06/01, HEARING ON 04/17/01, DECISION BY 06/19/01), WITH THE FOLLOWING CONDITIONS:

1) curb cut and siteline requirements must be met to specifications as dictated by DOT
2) proposed utility lines and/or easements shall be added to the plans

SECONDED BY S. TRUEB.  UNANIMOUSLY APPROVED.

3.     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 05/15/01).

E. Kalbac recused himself from this file.

The commission reviewed the information presented.

A. St. Louis said this is basically a policy decision. Sue said it was more of a concern with DCR that it is with DER. Mark Branse agreed it is a policy decision and said there are no legal issues.

R. Tulis said he does not want to change it. He asked how close to a boundary line you could get with a parking lot in a DER.

The commission reviewed the regulations.

R. Tulis said there are other things that can be done to make the property marketable. They are talking about high-density housing in a DCR. He asked if they could deny the DCR part of the application, but not necessarily the DER.

The commission discussed the regs.

R. Tulis said Willington is 10 minutes for UCONN and every high-density housing complex in town is full of students. That in itself if the driving force behind many of the regulations.

L. Dion said he agrees it is a problem under DCR, but not DER.

R. Tulis said he would vote against it because of the DCR request.

The commission reviewed its options.

A. St. Louis said the applicant commented about a 40-acres loss due to the setback.

R. Tulis said that is statistics, and other things can be put in the buffer such as septic, and hiking trails. He was really saying he couldn't put buildings in that area.

L. Dion said that is by design of the regulations.

A. St. Louis asked if the buffer could be used for open space.

R. Tulis said an easement might be possible. Mr. Amedy has approached this in the correct way by looking for a change in the regulations.

L. Dion said he is trying to maximize his use.

G. Jones said there couldn't be a parking lot in the buffer. And only a 10% maximum of the land can be used for development.

A. St. Louis said he has no problem leaving it 200 feet and not restricting the buffer from uses other than structures. He also agrees in not reducing it in a DCR. However, the applicant applied for both a DCR & DER.

R. Tulis said there was testimony at the public hearing with respect to the buffer change in DER form neighbors who have supported the towns senior housing plans based on the 200-feet setback. They stated they would not support the decrease in the setback in DER.

L. Dion said the applicant applied for 2 zones. If the commission tries to split it, they are inviting problems. Based on testimony heard, and reviewed of the regulations and the Plan of Conservation & Development, he would recommend Sue draft motions both to approve and/or deny.

The commission reviewed the proposal.

R. TULIS MOVED TO DENY WITHOUT PREJUDICE 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 05/15/01).

SECONDED BY L. DION.

Discussion:

R. Tulis said he feels this proposal is not consistent with the town Plan of Development. The regulations as they are now were approved because they are consistent with the other related issues within the regs and the Plan.

YES: A. St. Louis, R. Tulis, L. Dion, W. Goodale, S. Trueb
RECUSED: E. Kalbac


2.     File #2001-02-Request for a regulation change to Sections 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 05/15/01).

A. St. Louis said he has no problem with dropping the age to 55, as it will be consistent with federal guidelines.

The commission concurred.

W. Goodale said as this proposal is written; a person’s grandchildren can live there.

G. Jones said the request is not just a simple changing of the number of the age.

The commission reviewed the wording of the proposal as compared to the wording of the existing regulations.

W. Goodale said the applicant is adding the possibility of relatives by blood or marriage, with a maximum of two people per bedroom.

The commission reviewed the requested new verbiage and noted the age change was all that had been focused on at hearing, but there is much more to this request. They agreed dropping the age to 55 was not an issue, but the new language about 2 people per bedroom is talking about 4 people living in 725 square feet, and that is problematic.

R. Tulis said as written, the definition of dwelling unit is inconsistent with what is now in the regulations.

The commission noted as series of discrepancies with the wording, and the potential effects.

R. Tulis said the discussion at public hearing did not at all touch on these changes as proposed in the application. The discussion was solely about changing the age to 55 and no other issues were raised or focused on.

A. St. Louis said it appears the applicant’s intent is to change many other things besides the age limit.

L. DION MOVED TO DENY WITHOUT PREJUDICE FILE #2001-02-REQUEST FOR A REGULATION CHANGE TO SECTIONS 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 05/15/01).

SECONDED BY W. GOODALE.

YES: A. St. Louis, R. Tulis, L. Dion, W. Goodale, S. Trueb
RECUSED: E. Kalbac

5.     File #2000-57-Discussion tabled.

MINUTES:

L. DION MOVED TO APPROVE THE MINUTES OF 03/20/01 AS AMENDED.
SECONDED BY E. KALBAC.

YES: L. Dion, E. Kalbac, W. Goodale, S. Trueb
ABSTAIN: R. Tulis, A. St. Louis


L. DION MOVED TO APPROVE THE MINUTES OF 03/27/01 AS SUBMITTED.
SECONDED BY R. TULIS.  UNANIMOUSLY APPROVED.


L. DION MOVED TO APPROVE THE MINUTES OF 04/03/01 AS SUBMITTED.
SECONDED BY W. GOODALE.  UNANIMOUSLY APPROVED.

CORRESPONDENCE:
1. 4/5 letter from MaryAnn Baynes, re: Rainbow Acres
2. CC 4/5 letter to Dorian Reiser, Kahan Kerensky & Caposella, re: 3/22 letter regarding Cemetery Road
3. CC 4/4 letter to PLANIMETRICS, LLP, re: Plan of Conservation & Development
4. CC 4/4 letter to William Warner, AICP, re: Plan of Conservation & Development

DISCUSSION:

The commission discussed the issue of whether or not an abutter was technically notified as per the regulations if he did not read his mail.

A. St. Louis said Knight Construction has put up concrete barriers and it looks like they are selling items such s soil that might be in violation of their permit.
G. Jones said he called Knight’s office and asked for a letter regarding the activity.
A. St. Louis said he reviewed the file and did not see where the activity was allowed.
G. Jones said it couldn't be made more non-conforming.


STAFF REPORT:

G. Jones said Hank Torcellini came in with a plan to close and reclaim Mr. Mihaliak’s gravel pit on Lohse Road. He will be replacing some erosion control.

The commission discussed the history of the property and what needs to be addressed.

W. GOODALE MOVED TO ADJOURN THE MEETING AT 10:47 P.M.
SECONDED BY E. KALBAC.  UNANIMOUSLY APPROVED.