TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
JULY 17, 2001
A. ST. LOUIS CALLED A MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:30 P.M. JULY 17, 2001 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
A. St. Louis W. Goodale, alt.
R. Tulis B. Begansky
L. Dion
E. Kalbac
S. Trueb, alt.
D. Lytwynn, alt. (arr. 8:20 p.m.)
G. Jones, assistant agent
L. Decker, recording clerk
PUBLIC HEARING:
1. File #2001-37-Application for a special permit for a rear lot located off Old Farms Road (Map 17, Lot 21, 4.366 acres). Mark & Laura Marquis owners/applicants. (Received on 06/05/01, hearing on 07/17/01, decision by 09/18/01).
A. St. Louis noted a sitewalk was done on the property July 12th, and he, Ralph & Scott were present.
Mark Marquis said he wants to put a 4-bedroom farmhouse on the property. Everything was approved in the past, but they just purchased the property. They have 120 feet of road frontage, and the regulations require 200 feet. So they are applying for a rear lot permit.
The commission reviewed the map of the site.
G. Jones said the sanitarian has approved the septic. The buildable area was not on the original plan, but there is plenty of space.
The applicant submitted a new plan showing the buildable area.
G. Jones said the applicant also needs to go back to the IWWC for the house location, and the PZC can’t act until they have a report from the IWWC.
R. Tulis said this appears to be a very straightforward rear lot application. The only thing stopping it is IWWC input.
A. St. Louis asked if there were any questions or comments from the public.
Arthur Davis said he used to own the property and asked for clarification as to why he received notice of the meeting.
A. St Louis explained it was standard procedure and required that abutters be notified of activity going on in order that they may have opportunity to address any concerns.
A. ST. LOUIS MOVED TO CONTINUE TO AUGUST 21, 2001 THE PUBLIC HEARING FOR FILE #2001-37-APPLICATION FOR A SPECIAL PERMIT FOR A REAL LOT LOCATED OFF OLD FARMS ROAD (MAP 17, LOT 21, 4.366 ACRES). MARK & LAURA MARQUIS OWNERS/APPLICANTS. (RECEIVED ON 06/05/01, HEARING ON 07/17/01, DECISION BY 09/18/01).
SECONDED BY R. TULIS. UNANIMOUSLY APPROVED.
A. ST. LOUIS CALLED THE REGULAR MEETING TO ORDER AT 7:38 P.M.
Same members seated as above.
PUBLIC SPEAKER:
Frank Church, 30 St. Moritz Circle, RE: Kennels
F. Church said he feels the town needs to take action on kennels in residential areas. He has a kennel behind his house and it stinks. He would like action taken on the regulations the town has.
A. St. Louis said the commission will look into the issue. There are lots of kennels in town, and the commission is currently waiting for opinion from its attorney on a course of action, and clarification if anything’s non-compliant. Letters of complaint are on file and another letter was received tonight as well.
F. Church said he has been registering complaints for 2 years and there has been no action. The previous owners of his house were there for four years and complained, and nothing happened.
L. Dion asked if this was the first opportunity the commission took to seek legal advice on this.
G. Jones said Yes.
L. Dion said it is likely disappointing that no answer can be given tonight, but counsel has been contacted on behalf of these issues. Action is being pursued.
A. St. Louis said other progress has been made, as the Eastern Highlands Health District has been out there to look at the situation, as has the DEP. The next PZC meeting is August 21st, and the commission will likely have counsel’s input by that time.
PREAPPLICATION:
1. Steve Amedy, RE: Discuss Elderly Housing Regulations
S. Amedy said he made proposals before which were denied without prejudice, one for a 200 foot buffer and one for the elderly age requirement. He is trying to find compromise with the town Plan of Development, which will also accommodate housing. One issue from before was that his request was for DCR and DER.
A. St. Louis said the commission as a whole felt the existing 200-foot buffer rule was appropriate.
S. Amedy asked if it could be evaluated on a case-by-case basis.
A. St. Louis said he does not think it can be waived, and the commission’s intent was to keep it in the regulations.
The commission discussed the regulations.
A. St. Louis said the 200-foot area could be used for septic.
S. Amedy said with a required DEP system, it must be cleansed before leaving the property and 200 feet is not enough to accomplish that.
The commission discussed different lot sizes and possibilities.
S. Amedy said he is also limited by wetlands issues.
R. Tulis said he thinks the 200-foot buffer works in the vast majority of sites. There is also a prior application in a DER zone with the 200-foot buffer, and to change the regulation at this juncture would not do well.
S. Amedy said the second request was for the age change from 62 to 55.
R. Tulis said if the only thing done was to change the age number, he does not think the commission would have objected.
S. Amedy described his original intent. He was not trying to plan for younger people to live there, but rather to respect certain situations where an older person may pass away and a younger person who had been living with him or her would then be forced to move out.
L. Dion read Section 5.08.05.02.02 of the DER regulations.
S. Amedy said his prime goal is to change the age to 55.
The commission discussed the regulations and possible scenarios.
R. Tulis said the commission needs to be sure that all issues are brought up at hearing while the applicant has opportunity to provide input.
NEW BUSINESS:
1. Rainbow Acres Campground, approval of new managers.
A. St. Louis recused himself from this file.
R. Tulis asked Mr. Halchek what happened to the other managers.
J. Halchek said they ran into several problems at the campground including people being caught smoking and drinking. He found 18 campers there whose payment was not on record and had trouble obtaining records. Trouble ensued with some campers and the police ended up getting involved and arrests were made. He wants a new manager who can straighten things out. He hopes to get it cleaned up and sell it at the end of the year. He is asking Mr. Northover to manage the facility until the end of this season, as he does not wish to throw out the seasonal campers.
R. Tulis asked Mr. Northover if he had reviewed the list of conditions.
R. Northover said his intent is to carry out those conditions. He has been a camper there for 5 years. He is retired after serving as vice president of a bank for 37 years and can provide personal references. He has been a camper since 1968 and has seen a lot of places worse than this one.
L. Dion reviewed the history of problems at the site.
R. Northover said one problem is that the campground has rules, but if someone does not follow them, it is difficult to throw them out because the police cannot act unless a crime has been committed. The police did offer tremendous support when called, but as far as throwing someone out, their hands are tied.
L. DION MOVED TO APPROVE MR. ROBERT NORTHOVER AS NEW MANAGER OF THE RAINBOW ACRES CAMPGROUND FOR THE REMAINDER OF THE 2001 CAMPING SEASON.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
D. Lytwynn arrived at 8:20 p.m. and was seated for a vacancy.
A. St. Louis was re-seated and noted that Anton (Tony) Radell was present, and is considering joining the commission.
Files #2001-41 & #2001-42 were deferred until planned speakers were present.
OLD BUSINESS:
1. File #2001-24-Application for a special permit for a truck wash located at 327 Ruby Road (Truck Stops of America) in a DC Zone. Royce Property LLC owner/applicant. (Received on 03/20/01, hearing on 05/15/01, continued to 06/05/01, 06/19/01, decision by 08/21/01).
A. St. Louis said the ZEO review is not completed. There is also not a quorum of people who can vote.
Discussion was tabled.
MINUTES:
R. TULIS MOVED TO APPROVE THE MINUTES OF JUNE 5, 2001 AS AMENDED.
SECONDED BY L. DION. UNANIMOUSLY APPROVED.
R. TULIS MOVED TO APPROVE THE MINUTES OF JUNE 19, 2001 AS AMENDED.
SECONDED BY S. TRUEB.
YES: A. ST. LOUIS, R. TULIS, E. KALBAC, S. TRUEB, D. LYTWYNN
ABSTAIN: L. DION
CORRESPONDENCE:
1. CC 7/17 letter from J. Patton to T. Radell, re: PZC appointment
2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2001
3. CC Open Space Restrictive Covenant, re: Miller Farms Section 1
4. 6/25 letter from Clough, Harbour & Associates LLP, re: Plan of Development
6. CC letter from S. Yorgensen to G. Strickland of TA, re: Release letters of credit
7. CC 6/27 ctnow.com article, re: Cell Tower Produces Political Static
8. CC 6/1 legal notice from Town of Union, re: regulations public hearing
9. 6/19 letter from Tolland Bank, re: round table discussion
10. C 6/29 Cease & Desist Order to Warren Hoar, re: unregistered vehicles
11. CC 7/5 Notice of Violation to Gillis & Karen Gregoire, re: junk and unregistered vehicles
12. Packet: CC 9 letters, 4/21/98 – 7/5/01, re: Cease & Desist Order to Floyd Mckinnon, unregistered vehicles and junk
13. 6/25 letter from ZBA, re: ZBA application 2001-04
14. 7/2 letter from Town of Coventry, re: hearing for zoning changes
15. 7/9 letter from Town of Coventry, re: hearing for zoning changes
16. CC 7/10 letter for Steve Kohn, re: Lot 1, Mirtl Road
17. Resume, Robert Northover, re: Rainbow Acres
18. 7/11 letter from Joe Halchek, re: management change
NEW BUSINESS:
2. File #2001-42-Application for a logging permit for a timber harvest located off Liska Road (Map 37, Lot 10-4, 55.48 acres). Myron Wojnilo owner/Hull Forest Products, applicant. (Received on 07/17/01, hearing or decision by 09/18/01).
Mike Bartlett, forester with Hull Forest Products, submitted the abutters’ notices receipts. He said this is a selective harvest on about 50 acres, with the access point off of Liska Road. There is an A2 survey on the property.
The commission reviewed the layout of the property and location of the harvest areas.
M. Bartlett said he does need to put in a driveway and apron, and will pull a permit to do so. The trees are marked and the boundaries are flagged.
E. Kalbac asked about the right-of-way by the property.
L. Dion said it is still a legal road.
G. Jones said he has walked the site.
L. Dion asked how many trees will be taken out.
M. Bartlett said it is about 46,000 board feet.
G. Jones said it is 1346 trees.
L. Dion asked the hours of operation and who was managing the harvest.
M. Bartlett said Hull is the manager, and the operator is Richard Smart from Munson. His normal working hours are usually 7 a.m. – 5 p.m. five days a week.
The commission discussed the right-of-way.
G. Jones reviewed the wetlands info.
A. St. Louis asked when they would start and how long it would take.
M. Bartlett said he hopes to start in about 2 weeks, and it is about a 6-week project.
A. ST. LOUIS MOVED TO APPROVE FILE #2001-42-APPLICATION FOR A LOGGING PERMIT FOR A TIMBER HARVEST LOCATED OFF LISKA ROAD (MAP 37, LOT 10-4, 55.48 ACRES). MYRON WOJNILO OWNER/HULL FOREST PRODUCTS, APPLICANT. (RECEIVED ON 07/17/01, HEARING OR DECISION BY 09/18/01), WITH THE FOLLOWING CONDITIONS:
a) Hours of operation shall be 7 a.m. – 5 p.m., Monday – Friday
b) any additional S&E controls shall be implemented as required by the agent
c) a driveway permit shall be acquired
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
3. File #2001-42-Request pursuant to CG 8-24 for the acquisition of property on the west side of Ruby Road and Tolland Turnpike for use as Public Library. Town of Willington.
First Selectman John Patton said this is at the intersection of Route 320 (North Ruby Road) and Route 74.
S. Trueb asked where the proposed entrance is.
J. Patton said his suggestion is on Ruby Road toward the back, but all the engineering has not been done yet. He reviewed the possible layout. Those questions will be the call of the Library Board and the building committee.
Test holes have been done and the land can support a library. Septic will be able to meet the building requirements and it is a large enough parcel to have a good-sized library. The state requires 14-15 thousand square feet in order to get state funding. The site is conducive to a 2-story building. The exact spot will need to be worked out with the contours of the land. From the Library Board’s point of view, this is a good spot for easy access by most residents, as it is near two main arteries.
A. St. Louis suggested the possibility of a zone change request to DNC, which may provide for better use of the property.
R. Tulis said it would be a good idea to work with the building committee in advance to address issues before they are too far into it and then discover they need to make changes, which could cost money.
R. TULIS MOVED TO SUPPORT THE ACQUISITION OF PROPERTY ON THE WEST SIDE OF RUBY ROAD AND TOLLAND TURNPIKE FOR USE AS A PUBLIC LIBRARY FOR THE TOWN OF WILLINGTON.
SECONDED BY D. LYTWYNN. UNANIMOUSLY APPROVED.
DISCUSSION:
The commission discussed the role of the PZC with Mr. Radell and agreed to make a recommendation to the Board of Selectmen that he be appointed to fill a vacancy.
STAFF REPORT:
G. Jones said regarding the Hoar Cease & Desist order, more cars are leaving this weekend and they are making progress.
Mr. Gregoire has come in to discuss his Notice of Violation as well.
PLAN OF CONSERVATION & DEVELOPMENT:
R. Tulis said he hopes to get a kickoff meeting for discussion of the plan and procedure. They will be looking for people to serve on the committee from commissions such as conservation, economic development, land use and other interested townspeople. The hope is to seat approximately 9 members. The goal of the committee will be to update and reaffirm an inventory of land, restrictions, what is best preserved as is, and what the best focus is for certain areas of the town based on the town’s needs and desires.
D. Lytwynn noted he was interested in serving on the committee.
R. TULIS MOVED TO ADJOURN THE MEETING AT 9:43 P.M.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
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