TOWN OF WILLINGTON
PLANNING & ZONING COMMISSION
MINUTES OF OCTOBER 15, 2002 MEETING
A. Call to Order
St. Louis called the meeting to order at 7:31 p.m. at the Town Office Building, 40 Old Farms Road, Willington, CT.
B. & C. Roll Call/Seat Alternates
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
S. Trueb, Secretary
N. Gray
P. Nevers
T. Radell
Members Absent: M. Ellis (alt.)
W. Goodale (alt.)
D. Lytwynn
D. Palumbo (alt.)
Also Present: G. Jones, Assistant Planning-Zoning Agent
S. Nimerowski, Recording Clerk
No alternates were seated.
St. Louis announced the “ground rules” and order for the two scheduled Public Hearings.
Public Hearing
1. File #2002-34 – Application for a (2) lot Subdivision off Latham Road (Map 9, Lot 32, 24.6 Acres), Michael Nogas, Owner/Applicant. (Received 8/20/2002, Hearing on 10/1/2002, Decision by 12/3/2002.)
St. Louis said a Public Hearing on this application was opened on October 1 and reconvened tonight. The Hearing was left open by mutual agreement with the applicant because several issues needed clarification.
Michael Dilaj, Professional Engineer and Licensed Land Engineer, spoke on behalf of the applicant. He said they had been waiting for a letter from the state archeologist. Assistant Agent Jones has received a copy of that letter. Also, a letter has been received from Janet McAllister of the Eastern Health District. Mr. Dilaj gave out maps dated October 2, 2002, with changes highlighted. He said changes include a table that has been revised to reflect the fact there are two, not three, lots. He referred to the letter from Janet McAllister that says both Lots 1 and 2 meet the septic requirements. In her letter she suggested that the well on Lot 2 be moved in a westerly direction, although its current location is within setback requirements. Mr. Dilaj noted that the last green
card has been received from the abutters.
St. Louis asked if waivers were being requested, and Mr. Dilaj replied no. St. Louis asked if a hydraulic study had been done, and Mr. Dilaj replied that no new roads were being proposed, and the amount of proposed development was insignificant compared to the size of the entire lot. St. Louis asked if the conservation easements were adequate, and Mr. Dilaj replied that they were. Jones noted that conservation easements would be put on the deeds.
No one from the public spoke concerning this application.
MOTION: To close hearing on Application #2002-34.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
St. Louis said that the Commission may or may not act on this application tonight.
2. File #2002-41 – Application for a (2) lot Subdivision off Kechkes Road (Map 27, Lots 13-A, 6, 13-2; 53.2 Acres), George & Irene Hasapes, Owner/Applicant. (Received 9/17/2002, Hearing on 10/15/2002, Decision by 12/17/2002.)
Michael Dilaj spoke on behalf of the applicant. He gave the historical background of the parcel. Mr. and Mrs. Hasapes bought this property back in 1975 and continued to operate the campground that was there at that time. He said that Kechkes Road stops at a stone wall at the second entrance into the campground. The town road crews plow up to this point. He said the application was for a 60 ft. right of way, and explained why it was for 60 ft. instead of the required 50 ft.
St. Louis said that we have an assessor’s map. He said that when we went into the land records, a mortgage deed was recorded.
Tulis asked if it was considered a lot for the purpose of tax assessment, and Mr. Dilaj said that it was. He said it was carried for the last 25 years as a building lot, but that it was not. He said the applicant wants to sell Lot 1 and retain the house on Lot 2. He said the October 7 letter explains why the application is not complete. Mr. Dilaj said no new construction is proposed, and that all they want to do is to create a new line. He said the campground is non-conforming now, a situation that can’t be corrected. He said that water meters were installed at the campground to determine water use from June through August; the flow was 5,000 gallons a day, so no discharge permit is needed. Mr. Dilaj said that in mid-September two additional test holes were done in front of
the property, and the results satisfied both the Eastern Health District and the state health department. He gave details of the proposed system to be installed under the parking lot. He said the present septic is functioning fine, but that they had to demonstrate they had the area for a second system.
St. Louis noted that Lot 1 is on both sides of the road. He asked if a road could separate a lot. Atty. Samuel Schrager replied that Kechkes Road is not a road deeded to the town, and that legally, owners on each side own to the center of the road. He said that beyond that the road is merely a right-of-way. St. Louis asked if the town is plowing and making repairs to the road although the town does not own it, and Atty. Schrager replied yes. Atty. Schrager said that many other roads are probably in this category. Gray asked how the road was built in the first place, and Atty. Schrager replied that we don’t know how it was constructed. He said most roads were built on privately owned land.
Tulis asked if the campground was created before specific campground zoning regulations were in place, and Mr. Dilaj replied that he thought so. He said that presently campgrounds are only allowed in a designed recreation zone, and this is an R-80, non-conforming use. He said there is no increase in non-conformity and that actually the size of the campground is being reduced.
Jones said there has to be 20 contiguous acres of buildable area. Mr. Dilaj said that there are 30 acres total, with less than 10 acres of wetland. Tulis said that couldn’t be documented based on information we have now. A discussion followed concerning different maps and their accuracy and acceptability to the Commission.
St. Louis asked if the applicant’s plan was to sell the campground as a campground, and Mr. Dilaj replied yes. St. Louis asked if anyone lived in the lodge, and Mr. Dilaj replied no.
Trueb asked if only a section of a road can be deeded to the town, and Jones replied that he didn’t know for sure.
Gray asked about the number of campsites, and Mr. Dilaj replied that there are 145. Gray asked if they met regulations for size, and Mr. Dilaj said they are existing non-conforming. Mr. Hasapes said the number of campsites would decrease from 185 to 145. Gray asked about the 100- year flood line, and Mr. Dilaj replied that he would look into it. He showed the official flood map for the town of Willington. Jones noted that the flood plain can not be counted as buildable area.
A discussion followed concerning whether or not a road separates a lot into two properties. Jones said that since the town doesn’t own the road, it is one lot. Atty. Schrader said that only part of the road would be deeded to the town.
An extended discussion followed concerning what needs to be shown on the map. Jones said a reserve is required to be shown, as is a well location. He said that the campground setback will change if the area is divided. Tulis commented that an R-80 use will be created on the other side of the road, and that no campground area could be either in the setback or ballpark areas.
St. Louis said that only about 10% of what’s required is actually on the map submitted by the applicant. Tulis said he was trying to judge the future impact of approving the application. Mr. Dilaj said he needed to draw in the limits of what’s being used as campgrounds and wetland soils. Tulis requested that the ball field also be shown. Jones said the 200 ft. buffer is around where the applicant created Lot 2.
St. Louis recommended continuing the Public Hearing to November 19, 2002.
MOTION: To continue the Public Hearing on File #2002-41 to November 19, 2002.
By: Trueb Seconded: Tulis
Result: Motion passes unanimously.
The Public Hearings ended at 9:01 p.m. At 9:08 p.m. the Regular Meeting convened.
D. New Business
None.
E. Old Business
1. File #2002-38 – Application for a Special Permit to operate a small engine repair shop on property located at 11 Battey Road (Map 9, Lot 5, 1 Acre), Timothy Norman, Owner/Applicant. (Received 8/20/2002, a Site Walk on 9/14/2002, Hearing on 9/17/2002, Decision by 11/19/2002.)
St. Louis said the Public Hearing on this application was closed at the October 1 meeting. He said some information was on file about decibel levels of common machinery.
Tulis said that the noise issue came up because small engine repair means machinery must be tested.
St. Louis said that sound pressure levels in regulations must be met. A discussion followed about sound regulations and the practicality of measuring decibel levels. Jones said that the land goes up in back of the barn so that sound would go toward the road and down the valley. He also asked how we could enforce the regulations. Tulis noted that the town needs equipment to measure the sound levels, both in decibels and frequency.
St. Louis said he didn’t normally have any problems with home occupations, but in this case he didn’t feel comfortable since it is close to the village area and the houses are close together.
Jones said the applicant has to meet regulations during the application process, not after. St. Louis said we should give the applicant reasons why the application did not pass, so he could re-apply.
MOTION: To deny application #2002-38 because application was not complete--
the applicant didn’t demonstrate compliance with Regulation
11.01.02.05: specific standards under noise, 4.15.02.01.
By: Tulis Seconded: Trueb
Result: Motion passes unanimously.
2. File #2002-34 – Application for a (2) lot Subdivision off Latham Road (Map 9, Lot 32, 24.6 Acres), Michael Nogas, Owner/Applicant. (Received 8/20/2002, Hearing on 10/1/2002, Decision by 12/3/2002.)
St. Louis said the Public Hearing was closed tonight. Jones said a hydraulic study was not included with the application. Tulis said the run-off changes with the use of the land, and this should be considered. Jones said that no groundwater management plan per se was in place. Tulis asked if the elevation of the basement and first floor was shown, and Jones said no. Tulis asked how we would know if the footing drains would work, and Jones replied that we wouldn’t. Tulis said there is only 2 or 4 ft. of grading, and that a sump pump may be required.
St. Louis said the conservation easement would satisfy the open space issue.
MOTION: To approve Application #2002-34 with the condition that the map
be annotated that there will be no increase in storm water runoff.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
3. Scenic Road Ordinance
St. Louis said there was some discussion on this matter at the Board of Selectmen meeting. The Commission engaged in a brief discussion about the proposed ordinance. St. Louis said he would try to attend the next Board of Selectmen meeting.
F. Minutes
MOTION: To approve minutes of October 1, 2002.
By: Trueb Seconded: Radell
Result: Motion passes unanimously.
G. Correspondence
1. Letter dated October 11, 2002 from the Willington Planning and Zoning Commission
to the Lao Lang Xang Buddist Temple
re: Use of a 35 ft. by 45 ft. tent
2. Cease and Desist Order dated October 3, 2002 from the Willington Planning and
Zoning Commission to Christopher M. Turkington
re: 7 Village St., Willington, CT 06279
Correspondence was reviewed.
H. Discussion
Several items were previously discussed.
I. Staff Report
Assistant Agent Jones suggested that the Commission deny applications if they are complete. A recent application had “N/A” next to many items.
J. Adjournment
MOTION: To adjourn at 10:33 p.m.
By: Tulis Seconded: Trueb
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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