TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
OCTOBER 16, 2001
Minutes
A. ST. LOUIS CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:32 P.M. OCTOBER 16, 2001 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
R. Tulis B. Begansky
A. St. Louis
L. Dion
E. Kalbac
T. Radell
D. Lytwynn, alt.
W. Goodale, alt.
S. Trueb, alt.
S. Yorgensen
L. Decker, recording clerk
The commission seated D. Lytwynn for T. Radell (recused for File #2001-45), S. Trueb for B. Begansky & W. Goodale for a vacancy.
OLD BUSINESS:
1. 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).
The commission reviewed the info in the file.
R. Tulis said he would like to see the drawings cleaned up so the sheets are consistent. Certain areas overlap and there are problems on sheets 3 and 4. There are many typographical errors.
The biggest concern is the ledge. He does not want to see the site with exposed rock with insufficient soil over it for future developments.
The narratives are confusing on page 6 & 2.
The grading and seeding plans read more like that of a subdivision than a sand & gravel operation. That may be what is proposed, but it does not sound realistic.
PZC 10-16-01
S. Yorgensen said this plan is like what was proposed on the Lohse Road operation, and it is indeed not what happened. It is a typical thing to include in an S&E control plan but it agreeably not like that of a sand & gravel site.
R. Tulis said if this is approved as it is proposed, the commission intends to get what it approves. A bond should be posted to adequately cover what is proposed.
The biggest concern again is the ledge. It must be finished sufficiently for a building lot.
A. St. Louis said the reuse plan looks more like a re-grading and vegetation plan. Something should be included to show where a house, driveway and septic with adequate soil coverage can be located. That plan should be approved by the commission before the special permit is granted. He asked about the sale of earth products.
W. Goodale said it was stated they would not be sold on a regular basis.
The commission discussed who or what firms would likely buy product from the site.
A. St. Louis noted the regs say there can be no on-site processing.
S. Yorgensen said they want to do screening. If it is approved, that can be mentioned as part of the motion.
R. Tulis said he is not opposed to one or two days of crushing if it is necessary.
S. Yorgensen said there is no plan for crushing because she asked about the machinery.
A. St. Louis said a list of the equipment should be submitted.
The commission discussed screening and where materials could be located, and how- detailed a reuse plan must be developed.
S. Yorgensen said it is still an R-80 zone and it is one lot. If they want it to be something else they would have to come back. At his point, it can likely support a single-family home.
R. Tulis said if they can actually achieve the finished contours proposed there should not be a problem with that.
He does not have a problem with the reuse plan, just the ledge. There was not enough test pit information done or given.
The commission discussed reuse options.
A. St. Louis said he wants to see more of a reuse plan, not just re-vegetation information. He asked if the ledge should be removed.
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E. Kalbac reviewed the ledge areas on the map.
L. Dion said he remembers there was a problem with the number of truckloads on the plans.
E. Kalbac said he believes that was one of the typographical errors.
L. Dion said his concern is that because so much of the operation depends on the economy, it is hard to stick to any proposed timeline. A gravel operation could go on forever, but the commission should be striving for recovery of the land.
A. St. Louis said a lack of activity is probably better than too much activity.
W. Goodale said that depends on how the operation looks.
R. Tulis reviewed the history of other gravel operations in town and noted there’s really not a lot that can be done. It is going to look like a gravel operation.
L. Dion said he dos not want to see an inactive gravel site just sitting there for years.
The commission discussed borings.
R. Tulis said the ledge outcrop will be part of Phase I so it will be known pretty quickly if there is a problem.
The commission reviewed the information on the elevations, slopes and the regulations in Section 15.06.04.
R. Tulis said he is still concerned that removal of the outcrop is not in the application. If it must come out they will end up with crushing on the site.
W. Goodale said the commission should not make a problem of it because it may not be a problem.
L. Dion said if it becomes a problem, the applicants will have to come back with a different plan for it.
The commission discussed possible conditions for the permit.
PZC 10-16-01
A. ST. LOUIS MOVED TO APPROVE 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), WITH THE FOLLOWING CONDITIONS:
1. Plans to be revised prior of the issuance of the special permit to:
a) eliminate conflicting information on all pages
b) correct typographical errors (most in erosion & sedimentation control narrative)
c) S&E narrative to be revised to be specific to the site and the activity
d) IWWC & PZC approval motions must be added to plan
2. Reuse plan to be amended to include a minimum location of a house, drive, & septic that complies with Health Code and Zoning regulations
3. List of equipment to be on-site must be submitted & approved prior to the issuance of the special permit; plan to be revised accordingly if needed.
4. Bond to be submitted, estimate to be submitted by applicants’ engineer, amount to be approved by Town Engineer
5. As-built plan and certification to be submitted upon completion
6. Prior to Phase II or in the spring of 2002, whichever comes first, the Commission shall revisit the issue of the ledge outcrop shown on the plan.
7. It is incumbent on the applicant to notify the commission should they become aware that they will not be able to satisfy the contours on Sheet 5 of 6, at which time a revised plan shall be submitted.
SECONDED BY E. KALBAC. UNANIMOUSLY APPROVED.
(T. Radell was seated for the remainder of the meeting).
NEW BUSINESS:
1. Joe Vobril, re: Acceptance of Birch Meadow Lane
The commission tabled discussion.
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MINUTES:
Deferred.
CORRESPONDENCE:
1. 10/10 letter from CCM, re: Location of telecommunications towers – proposed amicus curiae
DISCUSSION:
First Selectman John Patton reviewed the information received from CCM regarding pending court cases over telecommunications towers. The main question is whether or not the newest types of technology qualify as telecommunications towers.
The commission discussed the town’s tower regulations.
STAFF REPORT:
S. Yorgensen said she has received a FOI request from Robert Hisey.
A. St. Louis noted that Emil and Lee have both come to the end of their terms as zoning members. Lee has served for more than 6 years and Emil for more than 18. They will be greatly missed. He presented each with a Certificate of Appreciation for their dedicated service to the town.
J. Patton presented Emil with a plaque acknowledging his service to the town since January 1, 1983. He noted Emil has served through many changes to the town as it grew with subdivisions and other developments. His “crowning glory” was his exceptional involvement with the development of the town transfer station. He provided scale models for the plans as well as tremendous foresight that truly worked for the benefit of the entire town. He read the information on the plaque into the record.
L. Dion said he wanted to show his appreciation to staff and his fellow commission members for their continued support throughout his entire term, especially when he served as chairman of the commission. It was a great learning experience and he is honored to have served with his fellow members.
R. Tulis noted Emil’s excellent attendance for so many years has served as an inspiration to everyone to attend the meetings.
E. Kalbac joked that he enjoyed the meetings “most of the time.”
W. GOODALE MOVED TO ADJOURN THE MEETING AT 9:15 P.M.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
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