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PZC minutes 8-19-03
TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF AUGUST 19, 2003

A.    Call to Order

St. Louis called the meeting to order at 7:32 p.m.

B.    Roll Call

Members Present:        A. St. Louis, Chairman
                        R. Tulis, Vice-Chairman (left at 9:43 p.m.)
                        N. Gray
                        D. Lytwyn (arrived 7:33 p.m.)
                        P. Nevers

Members Excused:        T. Radell, Secretary

Members Absent: M. Ellis (alt.)
                        W. Goodale (alt.)

Also Present:           S. Yorgensen, Planning and Zoning Agent
                        S. Nimerowski, Recording Clerk

C.    Seat Alternates

No alternates were seated.

PUBLIC HEARING

1.  File #2003-24 – Application to modify existing special permit to include two new
    bathrooms, floor space, and pool table for property at 15 River Road, American
    Eagle Bar and Café.  (Map 5, Lot 3, Zone DC) Owner/Applicant:  Amy Moore.
    (Received 5/20/2003, Public Hearing 7/15/2003, motion made and approved to
    continue hearing to 8/19/03, Decision by 10/21/2003.)

Yorgensen noted that the plans for this application have been revised.

Amy Moore clarified the difference between A & P Properties and American Eagle Bar and Café.  She said she is an officer of both companies.  She gave St. Louis dimensions of the building.  She said she hasn’t received anything from the Fire Marshal.

Tulis said a to-scale floor plan was requested and required.

Yorgensen suggested that the Public Hearing be extended and that Ms. Moore come in to get an explanation of the requirements.

Ms. Moore said she came in tonight to withdraw her application.

Yorgensen explained what a scale drawing was and why it was needed.  She said that since the Fire Marshal wanted a scale drawing, and the Commission needed one it was an important element for the application.

Ms. Moore said she was going to put things back the way they were before, and left the meeting.

MOTION:  To close File #2003-24.
                   By:    Tulis                        Seconded:    Nevers
                Result:    Motion passes unanimously.

2.  File #2003-27 – Application for a (2) lot subdivision on property located at 117 Old
    Farms Road (Map 17, Lot 33A, Zone R80).  Owner/Applicant:  Sharon Dunston.
    (Received 6/17/2003, Site Walk 8/16/03 at 9:00 a.m., rain date 8/17/03 at 9:00 a.m.;
    Hearing on 8/19/2003, Decision by 10/21/2003.)

Steve K. of Phillips & Assoc. spoke concerning the proposed two-lot subdivision.  He said they are proposing a 30-acre parcel for one residential building lot, with 10 acres left for the existing house lot.  He said no activity is proposed for Lot 1 except a small drainage easement.  He said all requirements have been met on Lot 1.  He said there are wetlands on both properties.  He said that the proposals for Lot 2 have gone through IWC.  He explained what the wetlands consisted of and their locations.  He said they are proposing using an existing cut for the driveway, with a site line of 250 ft.  He said the septic and well has been approved by the Town Sanitarian.  He said the drainage improvement has been done to protect the wetlands.  He said they are proposing a conservation easement on Lot 2 for the open space requirement; it would consist of three acres, 10% of that lot.  He said they want to remove dead debris and may want to create a small pond for horses.   He explained the three requested waivers:  a hydraulic study and technical report for water testing, and a waiver for Lot 1 for topography.

No one from the public spoke.

St. Louis asked Yorgensen if staff had done a review, Yorgensen replied that Public Works has not submitted comments as of yet.  St. Louis said that a site walk is usually done for subdivisions; one was scheduled but it didn’t work out.  

Yorgensen said that Gary Jones, Assistant Agent, did a review, and that several items have not been addressed in the application.  She said there is no memo from Karl Acimovic in the file, and that Public Works is reviewing the application.

The applicant’s consultant handed over the green cards from abutter notification.

Yorgensen asked about a stream belt reservation, saying that regulations require one.  She said the applicant could ask for a waiver but she didn’t think they met the criteria for receiving one.

St. Louis said the applicant or consultant should get in touch with staff for further information.  

Tulis informed Steve K. that five conditions must be met for a waiver.

St. Louis requested copies of pertinent information from staff and noted that the next meeting will be September 2, 2003.

A site walk was set for August 30 at 9:00 a.m., rain date August 31 at 9:00 a.m.

Tulis suggested specific improvements that Steve K. could make to the map, and also suggested that he read the open space regulations again.

Yorgensen said that approving alternate open space is the call of the Commission.

MOTION:  To continue Public Hearing on File #2003-27 to September 2, 2003.
                   By:    Nevers                       Seconded:    Lytwyn
                   Result:    Motion passes unanimously.

3.  File #2003-15 – Application for Zone Change for property on 150 Village Hill Road
    (Map 47, Lot 36A and Map 43, Lot 124) Rainbow Acres Campground (aka Wilder-
    ness Lake).  Owner/Applicant:  KMC, LLC.  (Received 4/01/03; Public Hearing by
    by 6/03/03; 65-day extension requested and approved; Public Hearing 8/5/03
    continued to 8/19/03; Decision by 10/21/03.)

Yorgensen said she has received a request for Atty. Capossela for a 35-day extension on this application.

MOTION:  To continue Public Hearing on File #2003-15 to September 2, 2003.
                    By:    Tulis                       Seconded:    Nevers
                    Result:    Motion passes unanimously.

REGULAR MEETING

The Regular Meeting convened at 8:20 p.m.

D.    New Business

None.

E.    Old Business

1   File #2003-16 – Application for Zoning Regulation Changes to Section 11.19
    regarding campgrounds.  Applicant:  KMC, LLC.  (Received 4/1/2003; Public
    Hearing continued from 5/6/2003 to 5/20/2003, 6/3/2003, 35-day extension requested
    and approved, continued to 6/17/2003 (6/17/03 meeting canceled) continued to 7/1/03;
     Decision by 9/2/2003.)

Copies of both the 8/19/03 Draft, Possible Revisions to Proposed Amendments to Section 11/19 Regarding Campgrounds, and Revisions to Proposed Amendments to Section 11.19 Regarding Campgrounds as Modified by R. Tulis, 8-19-03, were passed out.  St. Louis noted that on the first draft changes from the ones submitted by the applicant on 6/17/03 have been underlined.

The consensus was that Tulis’ definition of a tent was helpful and should be included.  The Commission and staff went through all sections, discussed them, and came to consensus regarding the exact wording.  Tulis suggested that Yorgensen type up the final text and send it to members.

Vote was tabled until September 2, 2003.

3.  File #2003-24 – Application to modify existing special permit to include two new
    bathrooms, floor space, and pool table for property at 15 River Road, American Eagle
    Bar and Café.  (Map 5, Lot 3, Zone DC.)  Owner/Applicant:  Amy Moore.  (Received
    5/20/2003, Public Hearing 7/15/2003, Motion made and approved to continue hearing
    to 8/19/03, Decision by 10/21/2003.

The Public Hearing was closed tonight.  Tulis requested that Yorgensen contact the applicant and ask her to submit a withdrawal letter.

F.    Minutes

MOTION:    To approve July 15, 2003 minutes.
                     By:    Tulis                      Seconded:    Lytwyn
                     Result:    Motion passes unanimously.

MOTION:   To approve August 5, 2003 minutes.
                    By:    Tulis                       Seconded:    Nevers
                    Result:    Motion passes unanimously.

G.    Correspondence

1.  Letter dated July 16, 2003 to Yorgensen from SNET
    re:  Notification of Additional Equipment Placement
2.  Notice of Certain Planning and Zoning Matters in Neighboring Municipalities
     dated July 25, 2003 to Willington Town Clerk from Coventry Town Clerk
3.  DEP Statewide Forest Resource Plan, received August 7, 2003.
4.  Letter dated July 15, 2003 from Capitol Region Council of Governments to
    P&Z
     re:  Report on Zoning Referral 2003/72
5.  Letter dated August 14, 2003 from John Patton to Peter Latincsics
    re:  Recommendation for Peter Latincsics for alternate position on P&Z Commission
6.  Letter dated July 22, 2003 from P&Z to Elsie Johannsen
    re:  Petition to Planning and Zoning Commission

Correspondence was reviewed.

H. & I.    Staff Report/Discussion

Peter Latincsics asked if he was on the agenda regarding his filling a Planning and Zoning vacancy.  He said the Republication Town Committee has recommended him.

A discussion took place regarding proper procedures for choosing a new member.

Mr. Latincsics spoke of his qualifications and why he would like to be part of the Commission.  He said he is running for a six-year term as alternate.

St. Louis told Mr. Latincsics the Commission requires an applicant to attend two meetings before recommending the applicant to the Board of Selectmen.

Yorgensen discussed Elsie Johannsen’s petition for live entertainment.  Yorgensen said she sent Ms. Johannsen a letter explaining that the proper format for requesting a zoning regulation change is through an application, not a petition.

Tulis left at 9:43 p.m.

MOTION:  To go into Executive Session at 9:44 p.m. to discuss pending litigation
                   with Royce Properties.
                    By:    Gray                 Seconded:    Lytwyn
                   Result:    Motion passes unanimously.

The Commission went out of Executive Session and returned to Open Session at 9:57 p.m.

J.    Adjournment

MOTION:  To adjourn at 9:58 p.m.
                   By:    Nevers                       Seconded:    Lytwyn
                   Result:    Motion passes unanimously.


                                                Respectfully Submitted,


                                                Susan S. Nimerowski
                                                Recording Clerk