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PZC Meeting 9-2-03
TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF SEPTEMBER 2, 2003
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A.    Call to Order
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St. Louis called the meeting to order at 7:30 p.m.
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B.    Roll Call
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Members Present:                A. St. Louis, Chairman
                                R. Tulis, Vice-Chairman (arrived 7:36 p.m.)
                                T. Radell, Secretary
                                M. Ellis (alt.)
                                               P. Nevers
                                
Members Absent:         W. Goodale (alt.)
                                N. Gray
                                D. Lytwyn       
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Also Present:                   G. Jones, Assistant Planning and Zoning Agent
                                S. Nimerowski, Recording Clerk
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C.    Seat Alternates
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St. Louis seated Ellis for Lytwyn.
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PUBLIC HEARING
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1.  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 8/30/03 at 9:00 a.m., Hearing on 9/2/2003, Decision
    by 10/21/2003.)
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Steve Klimkoski gave out revised plans.  He said a couple of adjustments have been made, including increasing open space area used as a conservation easement.  He said that Lot #2 has not changed, and that it has a stream going through the property.  He said there is an existing pond.  He discussed plans for a stream belt reservation area, and explained the reason why the pond was not included.  He said that 6/10-7/10 of an acre has been added to open space and that open space now makes up 9% of the property.  He said that Jones did a review and they addressed those comments.
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St. Louis said that we have copies of the memo dated August 27, 2003.  
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Mr. Klimkoski went through all items in the memo, one at a time.  1.  He said that 3.7 acres are now in open space.  He said they used the town model with the exception of removing dead and fallen trees.  2.  He said there are no subdivisions on abutting properties.  3.  Mr. Klimkoski said the assigned street numbers are 113 and 117.  4.  He said they have submitted a 200-scale drawing.  5.  He said that concerning the public water supply, this directly flows into the Fenton River.  6.  He said that concerning passive solar techniques, the house is basically placed in a northerly direction.  7.  He said that concerning a stream belt reservation area, they are using a conservation easement.
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Tulis joined the meeting at 7:36 p.m.
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St. Louis said that waivers were requested in writing and should be a part of the members’ folders.  
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Mr. Klimkoski said there is a garage that may either be removed or a variance requested from the Zoning Board of Appeals.  He said the applicant wants to leave it in place if possible.
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St. Louis commented that the Commission would have to look into seeing if a variance could be requested.
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No one from the public spoke.
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Radell asked about “grandfathering” of existing buildings.  St. Louis said that since the land will be subdivided, it changes things.  Jones said the Commission should look at possible increased non-conformity.  
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Mr. Klimkoski requested that the hearing be closed.
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Tulis noted that there is a cabin in back of Lot 2 which isn’t shown on any map, and it should be.  He asked if the structure will stay, and Mr. Klimkoski replied yes.
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MOTION:  To close the Public Hearing on File #2003-27.
                   By:    Ellis                        Seconded:    Radell
                   Result:    Motion passes unanimously.
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2.  File #2003-15 – Application for a Zone Change for property on 150 Village Hill Road
    (Map 47, Lot 36A and Map 43, Lot 124) Rainbow Acres Campground (aka
     Wilderness Lake).  Owner/Applicant:  KMC, LLC.  (Received 4/1/03; Public Hearing
    by 6/3/03, 65-day extension requested and approved; Public Hearing 8/5/03
     continued to 8/19/03; 35-day extension requested and approved, continued to
     9/2/03; Decision by 10/21/03.)
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St. Louis said this application is continued until the next meeting, September 16.  It was decided that the meeting on September 16 be cancelled because of a lack of a quorum.   A Special meeting will be held on September 30, 2003 for the Public Hearing on this file.
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REGULAR MEETING
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The regular meeting began at 8:05 p.m.
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D.    New Business
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1.  File #2003-35 – Application for a Regulation Change to the following Sections:
    5.08; 5.08.01; 5.08.02; 5.08.03.01; 5.08.03.05; 5.08.03.07; 5.08.03.09; 5.08.05.02.02;
     11.20.01; 11.20.04.05; and 11.20.04.06 of the Town of Willington Zoning
     Regulations.  Applicant:  Steve Amedy (Received 9/2/03; Public Hearing by 10/21/03;
    Decision by 12/2/03.)
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MOTION:  To set Public Hearing date for File #2003-35 for October 7, 2003.
                    By:    Nevers                      Seconded:    Ellis
                    Result:    Motion passes unanimously.
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E.    Old Business
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MOTION:  To amend Agenda—to move File #2003-16 before File #2003-27.
                   By:    Tulis                        Seconded:    Nevers
                   Result:    Motion passes unanimously.
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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.)
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St. Louis said that Gray researched and wrote down information about Liquor Commission requirements.  He noted that members have received copies of the 9/2/03 Draft, Proposed Amendments to Willington Zoning Regulations Regarding Campgrounds.
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Tulis pointed out that the wording for 11.18.02, Buffering, was not carried over from a previous draft.  It should read, “The Commission may require that the existing landscaping be augmented to insure that an adequate landscape buffer is provided.”  He also suggested several minor changes to the draft.  
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MOTION:  To approve File #2003-16 as application for Zoning Regulation changes
to Sections 3, 4, 5, 11.19 and 14 regarding campgrounds, of the Town of Willington Zoning Regulations as modified and amended by the Commission,  effective November 1, 2003
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                   By:    Tulis                        Seconded:    Nevers
                   Result:    Motion passes unanimously.
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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 8/30/03 at 9:00 a.m.; Hearing on 8/19/2003, Decision
    by 10/21/2003.)
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St. Louis noted that the Public Hearing was closed this evening.
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Tulis referred to 9.02.01, “no increase in non-conformity,” saying that one of the goals of our regulations is to return property to conformity.  He said that each lot should comply with regulations if a piece is split off.  
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Radell disagreed.
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Tulis said he would like to see the garage removed and a variance requested for the other two buildings for non-residential use.
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Discussion about non-conformity in general and this application in particular ensued.  
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St. Louis said that a variance should be requested for the other two buildings in the front yard.
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Jones commented that the cabin should be shown on the map.  He said it is an accessory use only and is not livable.
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St. Louis said that Yorgensen will give the Commission guidance concerning the non conforming accessory buildings located on lot #1 before the October 7 meeting, as well as to ask the Assessor the assessed value of the property to be subdivided to give the Commission  an idea of what “fees in lieu” of would be for open space.   Chairman St. Louis also indicated that any waivers requested would have to meet Chapter 10 of the Subdivision Regulations.  
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F.    Minutes
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Recording Clerk Nimerowski noted that in the August 19, 2003 minutes, “Steve K.” should be changed to “Steve Klimkoski.”
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MOTION:  To approve minutes of August 19, 2003 as amended.
                   By:    Tulis                        Seconded:    Nevers
                   Result:    Motion passes unanimously.
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G.    Correspondence
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1.  Letter dated August 18 from Atty. Capossela to Yorgensen
    re:  KMC LLC Application for Zone Change
2.  Letter dated 8/21/03 from Norman Gray to P&Z
    re:  Change to 14.03.05 in Our Proposed Action on File #2003-16.
3.  Letter dated 8/28/03 from Amy Moore to P&Z
    re:  Withdrawal of Application
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Correspondence was discussed.
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H.    Discussion
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St. Louis recognized Mr. Lough, an Independent who wishes to be appointed to an Alternate position.  Mr. Lough said he has lived in Willington for about 20 years, and finds Planning and Zoning interesting.  St. Louis said the Commission usually writes a letter to the Board of Selectmen recommending an appointment.  He indicated that a full seat is also open and will be filled by the November election.  St. Louis asked Jones to ask Yorgensen to send a letter to Goodale, requesting him to send in a letter of resignation.
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Mr. Latincsics, Republican candidate for the Planning and Zoning Board, was also present.
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I.    Staff Report
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Jones briefly discussed the site walk at the Truck Stop last week.
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J.    Adjournment
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MOTION:  To adjourn at 9:49 p.m.
                   By:    Nevers                       Seconded:    Radell
                   Result:    Motion passes unanimously.


                                                        Respectfully Submitted,


                                                        Susan S. Nimerowski
                                                        Recording Clerk