Town of Willington
Planning and Zoning Commission
September 18, 2001
R. TULIS CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:32 P.M. SEPTEMBER 18, 2001 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
R. Tulis L. Dion
E. Kalbac A. St. Louis
T. Radell B. Begansky
W. Goodale, alt. D. Lytwynn (arr. 8:50)
S. Trueb, alt.
G. Jones, assistant agent
L. Decker, recording clerk
The commission seated W. Goodale for a vacancy and S. Trueb for B. Begansky.
E. KALBAC MOVED TO ADD TO THE AGENDA AFTER ITEM #1 UNDER NEW BUSINESS TWO REQUESTS FROM FIRST SELECTMAN JOHN PATTON PURSUANT TO CGS SECTION 8-24 REGARDING THE ACCEPTANCE OF 80 ACRES OF LAND ON MASON ROAD AND REALIGNMENT OF A CURVE ON MASON ROAD.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
NEW BUSINESS:
1. File #2001-51-Requesting a one-year extension of existing special permit per Section 12.12 of the Willington Zoning Regulations. Village Springs Corp. applicant. (Received on 09/18/01, decision by 11/20/01).
Christine Stetson spoke on behalf of the applicants.
R. Tulis asked if any changes had yet been made under the previous approvals.
C. Stetson said people have come out with pricing on doing the foundation for the tank, but the building is temporarily on hold because it has been a very busy season and construction is not the priority. They hope to accomplish the improvements this winter. They need to continue operation during construction, and the best time for that is during the slow season.
G. Jones said the permit approval was given 11/21/00.
C. Stetson said many things must be considered including protecting the spring and making sure it is gravity feeding. The work must be done correctly to protect the source and they are being very picky about who does the work.
The commission reviewed Section 12.12.
C. Stetson said it was unclear as per the regulations whether or not this request was even necessary.
R. Tulis said he is not sure if this applies under 12.12 because a zone change was done, but there is a question because per section 20, the time limit is one year.
G. Jones said the regulation in question is section 20.09.
R. Tulis said he feels 20.09 is restrictive and should be reconsidered in the future. Non-residential construction can take much longer than one year. The special permit was issued as a result of the zone change and the two went hand-in-hand.
G. Jones said the question is if this falls under section 12 or 20.
R. Tulis reviewed information about permit extensions and noted a legitimate zone has been established by the use, which makes it appear to fall under section 20. He feels this is all part of the original plan and they should already have another year.
E. Kalbac agreed.
C. Stetson said no permits have been pulled for any construction, but they can pull one before November if necessary.
R. Tulis asked if it would be done within a year if that was done.
C. Stetson said Yes. It must be completed before the busy season starts up again.
The commission discussed the technicalities and limits of permits.
R. Tulis read Section 12.12. and said if the commission concludes this falls under 12.12, then no permit is necessary until next year.
Commission members concurred hat this request falls within the regulations of Section 12.12 and the request under File #2001-51 is not necessary.
The commission noted its appreciation to Village Springs for its donations of spring water to the City of New York and the American Red Cross in the wake of the recent national tragedy.
2. Acceptance of 80 acres of land on Mason Road for use by the Willington Public Library
R. Tulis said 80 acres have been donated to the town for the purpose of use by the public library. Per 8-24, the planning commission must approve the acceptance.
J. Patton said before the town can accept the property it must come before the commission for a consensus on the appropriateness of the use. This is a beautiful piece of property which extends from Mason Road to Daleville Road, and the Fenton River runs through it. It abuts the UCONN forest and has 1200 feet of road frontage.
The commission reviewed the map.
T. Radell asked about the value of the land.
J. Patton said it was appraised at $220,000. He has worked with the Norcross Foundation and UCONN on issues such as easements and the preservation of open space. He described the layout of the property. The vegetation is relatively untouched, and some selective logging was done abut 15 years ago.
R. TULIS MOVED TO ACCEPT, PURSUANT TO CGS SECTION 8-24, THE APPROPRIATION OF 80 ACRES OF LAND ON MASON ROAD FOR USE BY THE WILLINGTON PUBLIC LIBRARY, WITH THE STRONG RECOMMENDATION THAT THE TOWN DO AS MUCH AS IT CAN TO FACILITATE THE SALE OF THE DEVELOPMENT RIGHTS WITH INTENT ON KEEPING THE LAND A SINGLE PARCEL.
SECONDED BY W. GOODALE. UNANIMOUSLY APPROVED.
3. Realignment of a curve on Mason Road and extension of a drainage pipe.
J. Patton said this is the dirt part of Mason Road. He reviewed the map with the commission. The existing alignment is extremely narrow and there is a big hump in the road which is a problem. It is about 12 feet wide and drivers cannot see what is coming. With the speeds people travel, there is not a large margin for error at that location. He showed the proposed alignment and said they are proposing 2-foot shoulders on each side.
T. Radell asked why it could not be straightened completely.
J. Patton said that would create difficulties with things such as existing utilities.
W. Goodale asked if the poles will have to be moved.
J. Patton said No. He reviewed the drainage pipe information and said there will be quite a bit of cutting to do.
W. Goodale asked if any personal easements were of concern with the proposal.
J. Patton said the person whose property is most affected by this is in favor of the changes. He noted difficulties of passing traffic if rescue vehicles were in the area. The work will be done within the public works budget.
S. TRUEB MOVED TO APPROVE THE REQUEST OF THE BOARD OF SELECTMEN PURSUANT TO CGS SECTION 8-24 FOR THE REALIGNMENT OF A CURVE ON MASON ROAD AND EXTENSION OF A DRAINAGE PIPE AS PROPOSED.
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
4. Completion of Gravel Operation located off Lohse Road. Estate of Joseph Mihaliak.
R. Tulis said a letter has been received from Gardner & Peterson Associates stating that this work is completed. Topsoil has been spread, seeding is done and it is at final grade. They have asked for the bond to be released from the IWWC.
5. File #2001-45-Application for a special permit for a gravel excavation located off Trask Road and Route 32 on 5.62 acres. (Map 29, Lot 4, 31 acres). Estate of Joseph Mihaliak owner/applicant. (Received on 08/21/01, hearing on 10/02/01, decision by 12/04/01).
Commission members who have not walked this property will try to do so prior to the hearing.
MINUTES:
S. TRUEB MOVED TO APPROVE THE MINUTES OF AUGUST 21, 2001 WITH THE FOLLOWING AMENDMENT:
THIRD LINE FROM THE BOTTOM ON PAGE 2 SHOULD READ “HAD BEEN PERC’D YET.”
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
CORRESPONDENCE:
1. 8/20 letter from Eastern Highlands Health district, re: single building lot carrying capacities
2. 9/5 notice of release of Bond for Money Market Account #942232907
3. 9/6 letter from Gardner & Peterson Associates, re: Bond reduction for the gravel operation on the Exxon site of Lohse & Mihaliak Roads
4. 9/10 letter form Royce Properties, re: deadline extension for truck wash
5. CC letter of partial release of open space restrictive covenant for Lots 1&2 (Miller Farms)
6. 8/30 letter from Sierra Club, re: workbook on local government
7. Planning & Zoning Newsletter, July 2001
8. CCM Municipal Management Bulletin, August 27, 2001
9. 8/19 letter from 193 Willington Hill Road resident, re: concerns over zoning variance
10. 9/12 letter from J. Passardi, re: withdrawal of subdivision application
11. 8/22 letter from Natural Resource Consultants, LLC, re: File #W98019/Schoefield property
DISCUSSION:
E. Kalbac asked the status of the truck wash application.
G. Jones said they have asked for a 30-day extension and the deadline is now 10/16.
T. Radell asked about the town’s one-year abandonment rule for non-conforming structures and what the town’s definition of abandoned was.
The commission discussed non-conforming structures.
G. Jones said clear intent of abandonment would have to be shown. Structures not in use which are still being maintained would not be included as abandoned.
W. Goodale notified the commission there was an article in the Chronicle regarding proposed towers in Mansfield.
Selectman Dave Ennis was recognized by the commission. He has asked Sue to review the certificate of zoning compliance on the Youngerman property since there appear to be violations to the regulations and lack of compliance to the site plan as submitted with the special permit.
(D. Lytwynn arrived at 8:50p.m.)
D. Ennis said Sue has not signed the certificate since she has some reservations as well. One issue is that trailers are not allowed but there is one on the property. The building official has called it a trailer because there is a hitch on it.
T. Radell asked if there was water and septic hooked up and if it was like a dwelling.
J. Patton said it is like an office. A modular office was purchased. It is the exact same thing that was on the site plan as it was approved. The town is in compliance with the site plan.
D. Ennis said part of the seeding plan was not followed.
J. Patton said a letter is on file from the town engineer stating that woodchips were a better choice than the seeding.
R. Tulis asked Mr. Ennis “What is your point?”
D. Ennis said he just wanted the commission to be aware and to look at it.
J. Patton noted that the school busses were illegally parked without a permit for 9 months at the town office building and Mr. Ennis never complained about that.
G. Jones said it is the obligation of the ZEO, not the PZC, to make sure things are done right. The PZC has already approved it.
J. Patton said the only minor change was the woodchips rather than grass, done at the recommendation of the town engineer. Everything else was done as shown.
R. Tulis said it is an enforcement issue and Sue was just notified of it today. The commission cannot expect to have gotten any information or details on this situation at this point.
STAFF REPORT:
G. Jones said the office is extremely busy and a lot of houses are going in.
S. TRUEB MOVED TO ADJOURN THE MEETING AT 9:00 P.M.
SECOND BY E. KALBAC. UNANIMOUSLY APPROVED.
| 
