TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF APRIL 2, 2002 REGULAR MEETING
St. Louis called the meeting to order at 7:32 at the Town Office Building, 40 Old Farms Road, Willington, CT.
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
P. Nevers (arrived 8:20 p.m.)
T. Radell
W. Goodale (alt.)
Members Excused: D. Lytwynn
S. Trueb, Secretary
Members Absent:
M. Ellis (alt.)
D. Palumbo (alt.)
Also Present: Susan Yorgensen, Planning-Zoning Agent
Sue Nimerowski, Recording Clerk
William Goodale was seated for Lytwynn.
PUBLIC HEARING
1. File #2002-6 – Request for a Zone Change at 61 Turnpike Road from Designed Industrial to Residential 80 and a Preliminary Site Development Plan (Map 45, Lot 6, 12.5 acres). Richard Dezso applicant, Mary Drew owner. (Received on 02/05/02, Hearing on 03/19/02, cont. to 04/02/02, Decision by 06/04/02.)
Mr. Dezso presented information concerning what effect having a zone boundary going through the center of the property would have as opposed to having the zone boundary follow the border of the property. He said he would show how each would affect lots #25 and #26. He said in the packet he addressed several concerns, with his conclusion being that he didn’t want to have the zone boundary go through the center of the property. He addressed the concerns stated in the April 2 letter from Planning and Zoning. Mr. Dezso said that Designed Industrial land is taxed at a higher rate; turning part of the property into open space would alleviate this, but he said the reason he wanted the property in the first place was that it is 12 acres, and he wants to keep all of it. He mentioned setback
regulations as a reason to keep the zone boundary as is. Lot #26 is DI zoned now; if he changed his property to residential it would change the setback 75 feet. He indicated that the front of Lot #26 has a brook going across it (assessor’s map Lot #5). He showed two different zone maps. He said that with the proposed zone change there would be a 125 ft. setback on Lot 26, but a 100 ft. setback around wetlands would surpass the 125 ft. setback, so the useable area of Lot #26 would not be affected by a zone setback. If the DI zone plan were done, that would change the zone setback to a lot setback along the front of Lot 26. He noted that Lot #25, owned by Mr. Klei, is zoned residential. He said that at the last meeting Mr. Klei mentioned the possibility of selling his land for industrial use. Mr. Dezso said if Lot #25 was indeed changed to industrial, with Lot #6 being residential, there would need to be a 125 ft. buffer
zone across the front of Lot #25. He said there is also a watercourse on Lot #25; water is flowing there now. He said the wetlands setback for most areas surpasses the increased zone setback for Lot #25. He said he thought a 75 feet by 40 feet area would be affected. He said that Lot #8a is residential and that also has a 125 ft. buffer into Lot #25, so the area affected would be only the border of Lot #6. As Planning and Zoning noted at a previous meeting, there is not a good sight line from Turnpike Road Extension, which makes Lot #6 unfavorable for industrial use. Mr. Dezso concluded that he is in favor of the zone boundary being located in the center of Turnpike Road Extension rather than having it go through Lot #6.
Yorgensen said she wanted to clarify that wetlands has a 100 ft. upland review area. This is not a 100-foot setback. She said the applicant is currently before the Wetlands Commission proposing activity within 80 ft., so he will need a permit for this since it is a regulated area.
Tulis said he had suggested a change in the zone lines to eliminate setback problems.
Mr. Dezso replied that since the DI zone would be taxed at a higher rate, he was concerned about the tax burden. He said it was suggested that he consider having a part of the property deeded to open space.
Mr. Dezso responded that he doesn’t want open space restrictions on his property.
St. Louis asked about the minimum area required for open space.
Tulis said that open space could be extended over residential areas also, and that it involves a ten-year commitment.
Radell asked if the penalty for pulling the property out before the ten years would be the payment of back taxes, Yorgensen replied that it would only be a percentage of the taxes.
St. Louis asked Mr. Dezso if he was addressing open space at all, and Mr. Dezso replied that he was not.
St. Louis noted that Goodale was not present for the first part of this file but will review all information.
Herbert Klei of 76 Turnpike Road, Lot #25 on the map, stated that he thought Mr. Dezso was taking a great deal of liberty with the wetlands on the printout. Mr. Klei said the land slopes down to Rt. 71 so the culvert crosses under the road. He said the water goes along the edge of the road, so the area is not really all wetlands. He said that setbacks are really not restricted areas. He said that as far as having two zones is concerned, the area is above all industrial. He asked if it was possible to accommodate the building of a house on Lot #6 and still keep the features of an industrial zone. He questioned how the garage was going to be accessed. Mr. Klei encouraged the Commission to try to keep the area industrial because of the impact on his land. He said he was
concerned about keeping access open if someone bought his land for industrial use in the future.
Tulis asked Mr. Dezso if he plans to retain use of his garage, and Mr. Dezso replied yes, he does, and he wants to build a house in the back of the property accessed from a different location. He said the deed specifies rights of travel on Old Wood Road and those rights will be retained. Yorgensen asked the applicant if the deed for the other piece of property states they have right of way for Old Wood Road; Mr. Dezso said he didn’t know. He said the deed for Lot #5 doesn’t say they have rights of access.
Tulis asked the applicant to comment on the benefits of having the house on one side of the property and the garage on the other side. Mr. Dezso said the garage is there and he has no choice. He said he can’t put the house where the garage is because of many factors including wetland constraints. He noted the garage has been there a long time. Tulis said he was concerned that if the application were granted, there would be two totally disconnected areas on one lot, with two access roads. He said a subsequent owner might be tempted to do something with it. Mr. Dezso replied that only residential uses are allowed on a residential lot, to which Tulis replied that people do many things they’re not supposed to do. He said he had a bit of a problem with the garage being
there.
Mr. Dezso said the two-bay garage is structurally sound. He said that all questions of
Planning and Zoning have been answered. He said that industrial usage of Lot #6 would be hampered due to wetland areas and problems with both the shape of the property and access to the property, concluding that its best use would be that of a residential lot.
MOTION: To close Public Hearing on File 2002-6.
By: Radell Seconded: Goodale
Result: Motion passes unanimously.
St. Louis noted that #2002-6 will be on the agenda until a decision has been made.
REGULAR MEETING
A. Call to Order
The Regular Meeting was called to order at 8:26 p.m.
B. & C. Roll Call/Seat Alternates
The same regular members and alternates were seated except for the addition of Nevers, who arrived at 8:20 p.m.
D. Preapplication
Requesting a preliminary meeting to discuss a proposed subdivision. Rainbow Lakes, LLC, Messier & Associates.
Bob Messier said this area consists of 155-160 acres of land. He said he would like to look at the first phase but also show the final plans. The first section would accommodate 15-19 house lots. Another section would consist of 28-30 lots for an active adult community. He said he has had the boundary and topo done.
Yorgensen asked if Mr. Messier was initially planning on coming in and getting approval for the first 15 lots, and Mr. Messier replied yes, and by the end of April he would have a concept plan for the whole area. He said he would subsequently come in with the actual application.
St. Louis asked if the land has actually been purchased, and Mr. Messier replied that the land is under contract now. He said that he would ask for a zone change for the active adult community area. He said there are two separate parcels.
St. Louis said that Kucko Road would have to be looked at.
Yorgensen noted that the cul-de-sac would have to be considered permanent even if it turns out to be temporary.
Tulis said Mr. Messier would have to meet open space subdivision and zoning regulations, with full two-acre lots.
St. Louis noted that wetlands couldn’t be counted as part of acreage.
Tulis said a centerline profile should be done just to make sure regulations are met. He said that we need to look at a lot more area than what is shown on this map.
St. Louis said he did not want to get caught up with something like Fenton Bluffs where things were not completed.
Mr. Messier said that reports have been prepared on both the dams and on storm drains.
Christine Pattee of Wethersfield spoke about clustered housing and open space. She is interested in moving to Willington.
Mr. Messier concluded that he had showed the Commission how the proposed area would be laid out and noted that the lot lines could be adjusted as necessary.
E. New Business
1. File #2002-15 – Application for a Home Occupation located at 91 Luchon Road for a Massage Therapy Practice for Women (Map 18, Lot 10 & 10A, 1.9 acres). Carol Springer owner/applicant. (Received on 04/16/02, Decision by 06/18/02.)
A Public Hearing has been set for April 16.
F. Old Business
1. File #2002-6 – Request for a Zone Change at 61 Turnpike Road from Designed Industrial to Residential 80 and a Preliminary Site Development Plan (Map 45, Lot 6, 12.5 acres). Richard Dezso applicant, Mary Drew owner. (Received on 02/05/02, Hearing on 03/19/02, Decision by 05/21/02.)
The Public Hearing on this application was closed tonight.
G. Minutes
MOTION: To approve minutes of March 19, 2002.
By: Nevers Seconded: Tulis
Result: Motion passes unanimously.
H. Correspondence
1. Resignation letter from Robert Begansky to the Willington Planning and Zoning
Commission, dated 03/27/02
2. Letter from Planning and Zoning Commission to Richard & Kathleen McKee
Re: Renewal of special permit for Recording Studio, dated 03/20/02
3. Letter from Branse & Willis, LLC to Franklin G. Pilicy, Esq., dated 03/26/02
Re: Royce Property (Truck Stop), File No. 2270/01151
4. Letter from Natural Resource Consultants, LLC to Willington Inland Wetlands,
dated 03/18/02
Re: File #W98019, River Road, Map 47 Lot 1-OB, property of Roger Schofield
5. Letter soliciting membership from the American Planning Association, rec’d 03/25/02
6. Spring 2002 Open Space and Watershed Land Acquisition Grant Program, rec’d
03/25/02
7. 2001-R-0637 Restrictions on Town Officials’ Participation in Planning and Zoning
Commission Public Hearings, dated 08/07/01
Yorgensen reviewed recent correspondence.
I. Discussion
The consensus of the Commission was that a recommendation be written to the First Selectman for William Goodale to fill Robert Begansky’s slot.
St. Louis noted that an alternate slot would now be available. He has had inquiries from several people.
J. Staff Report
Yorgensen filled the Commission in on various happenings. She said the office has been very busy. Atty. Branse will give an overview of land use regulations at the Old Town Hall at 7:30 p.m. on May 28. She said that if Commission members have specific questions, they should e-mail the questions to her and she will pass them on to Atty. Branse. St. Louis said he could videotape the program.
K. Adjournment
MOTION: To adjourn the meeting at 10:05 p.m.
By: Nevers Seconded: Radell
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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