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PZC minutes 10-7-03
TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF OCTOBER 7, 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
                                T. Radell,l Secretary
                                M. Ellis (alt.)
                                N. Gray
                                D. Lytwyn (arrived 8:00 p.m.)
                                P. Nevers

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

C.    Seat Alternates

St. Louis seated Ellis for Lytwyn.

PUBLIC HEARING

1.  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
    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 9/30/03, 10/7/03; Decision by 12/2/03.)

St. Louis said this Public Hearing is continued from September 30, 2003.

Atty. Capossela said he brought a series of maps tonight and explained them.  He said he has the mylars and can submit them if needed.  He said a three-page A-2 map was done by Joe Halchek, and this map that shows what Ray Crossen bought was never recorded.  He said it shows the lines that Halchek retained.  He suggested that the fact it was certified to Class A-2 be recorded on the mylar.  He said the first two pages of the map show the property, and the third page shows the eastern side.  He showed a shaded parcel, called “Parcel 1” on the westerly side of Halchek’s house.  He pointed out the area walked during a recent site walk and the parcel of land that Mr. Crossen will obtain.  He said the third map is the zone change map, and two changes were made on this.  He said the first change is part of the piece he just showed, and the second change is that when reference was needed on the Messier map, it was identified it as a Class A-2 map.  He pointed out the area that the Commission wouldn’t change if other lines weren’t “cleaned up.”  

Gray said that if a lot straddles a zone boundary, our regulations say the more restrictive zone applies.  Tulis said there are probably two different definitions of “lot.”  There was extended discussion about lots, parcels, and zone lines.  

Atty. Capossela detailed the pieces of land that were conveyed out of Halchek’s property.

There were no comments from the public, either pro or con.

Lytwyn arrived at 8:00 p.m.

Tulis said that if this does indeed become two parcels, he would be somewhat critical of the dividing line because of the “little triangle.”  He asked if it wouldn’t make more sense to define the boundary for future use of both parcels?  He then suggested several alternatives.

Atty. Capossela explained their rationale for requesting the lines be as they are.  He asked Yorgensen if she would like the maps recorded, and Yorgensen replied yes, with copies for the Commission.  She agreed to give direction and comments regarding the final zone change map.
MOTION:  To close Public Hearing on File #2003-15.
                   By:    Radell                       Seconded:  Gray
                   Result:    Motion passes unanimously.

REGULAR MEETING

The Regular Meeting commenced at 8:22 p.m.  St. Louis seated Lytwyn.

D.    New Business

1.  File #2003-35 – Application for a Regulation Change to the following Sections:
    508; 5.08.01; 5.08.01.02; 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 12/16/03.)

The Public Hearing for this application is scheduled for October 21, 2003.

E.    Old Business

MOTION:  To change the order of the Agenda to the following under New Business:
                    File #2003-27, File #2003-37, and File #2003-15.
                    By:    St. Louis                   Seconded:  Nevers
                 Result:    Motion passes unanimously.

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., rain date 8/31/03 at 9:00 a.m.;
    Hearing on 9/2/2003, Decision by 10/21/2003.)

Yorgensen said the conservation easement or stream belt reservation area has been taken care of, and the garage is now gone.  She said there are other non-conforming issues but that they will not be changed.  St. Louis said that since the Health Department has given this application an “OK,” a feasibility study of the proposed water supply is not needed.  He said a waiver is being requested for the hydraulic study.

MOTION:  To waive the hydraulic study on File #2003-27.
                   By:    Radell                       Seconded:    Lytwyn
                   

Discussion.  Tulis asked if the five-point criteria for a waiver has been met.  Yorgensen said that in April, Steve Klimkoski reviewed drainage calculations and said there were problems but they had been addressed.  He said there were no other problems.

Radell withdrew the motion.

Yorgensen said that concerning the well and septic, we already have a memo from the Town Sanitarian, and that no waiver is needed.  She said that normally we require contours up to and including the house area for a minimum of 80,000 sq. ft. of buildable area, and after that only where wetlands, steep slopes, drainage problems, etc. exist

MOTION:  To waive 2-ft. contours on Lot 1 and to waive 2-ft. contours on areas
                    of Lot 2 where they are currently not shown.
                   By:    Tulis                        Seconded:    Ellis

Discussion.  Yorgensen said it is a 30-acre lot and we don’t need contours on all 30 acres.  Tulis said that sometimes contours on other areas are important.

                    Result:    Motion passes unanimously.

MOTION:  To approve File #2003-27 with the following conditions:
                   1.  Plans to be revised to include any technical revisions required by
                        staff and to include setback yards and structure on Lot 2,
                   2.  Required easements to be approved by staff (i.e., conservation
                         easement, etc.) to be filed at time of mylar filing.
                   By:    Radell                       Seconded:    Nevers
       
Discussion.  Tulis asked about open space.  He said he thought we waive “a little bit too much, too often.”  “Fee in lieu of” was discussed.

                 Result:    Motion passes 6-1-0 (Tulis opposed).

2.  File #2003-37 – Application for Special Permit for Senior Center and Final Site
    Development Plan for construction of senior center on 60 Old Farms Road (Map 17,
     Lot 1).  Owner/Applicant:  town of Willington.  (Received 9/16/03; Public Hearing
    9/30/03; Decision by 12/2/03.)

There was discussion about the wording of the suggested motion and especially about lighting. Yorgensen said lighting would be more uniform with 25-ft. poles.  Tulis said brighter lights will be needed if the poles are higher.  Consensus was that lighting should be minimized.

MOTION:  To approve application for a Special Permit for a senior center at
                    60 Old Farms Road and to approve the final site development plan
                    for a senior center with the following conditions:

1.   Conservation easement area shall be located on the plans prior to filing of
     mylars.

2.   Conservation easement document to be submitted and approved by IWWC,
     Conservation Commission, PZC or their staff prior to filing of mylars and
     document to be filed on the land records with mylars.

3.   Zoning Table on page 1 should be revised to include parking requirements per
     Table 18.15.01.

4.   Lighting plan to be revised:
·       to include Key 1
·       to include minimizing lighting at the access driveway and to eliminate pole
numbers 17-20 along the access driveway
     to be approved by the Commission prior to mylars being filed.

5.   Improvement to the active/passive recreation area in the form of concrete
     benches along the stone pathway, a graded, grassed area suitable for future
     shuffleboards, bocce, picnic area and community garden, to be included in the
     landscaping plan, to be approved by the Commission prior to mylars being filed.

6.   DPUC certificate should be submitted or a letter from the State Health
      Department should be submitted regarding the well and septic.

7.   Plans should be revised to include erosion controls for grading to accommodate
     drainage from the road and the Town Office Building.

8.   The landscaping plan and the detail of the storm water basin should be revised
     to show the plantings as proposed during the hearing.

9.   Landscaping plan shall be revised to include supplemental screening such as
      evergreens and suitable plantings will be added to the first 50 ft. of the property
     line boundaries and plantings in the buffer within the Town R-O-W for  
      approximately 50 ft. on the east side of Old Farms Road, across from the
      driveway access.

10.  A detail of the stone dust path shall be included on the plans (landscaping plan).

11.  A note shall be added to the plan requiring all stumps to be removed from the
       site or chipped on site and spread as mulch.

12.  The sequence of construction modified:
·       The typo in responsible party for erosion control be corrected
·       Installation of the silt fence change to be the 2nd item in the sequence
·       Installation of the storm water structure should be changed to occur
immediately following the installation of silt fence.

13.  Motions of approval for the senior center plan shall be shown on the mylars.

                By:    Tulis                    Seconded:    Lytwyn
                       Result:    Motion passes 5-0-2 (Ellis and Nevers abstain).

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
    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 9/30/03, 10/7/03; Decision by 12/2/03.)

St. Louis noted that the Public Hearing was closed tonight on this application. He handed out 12.04.02, Criteria for Decisions, and discussion followed.

MOTION:  The Commission finds that Application #2003-15 meets the require-
                   ments of Section 12.04.02.
                   By:    St. Louis                    Seconded:   Radell
                   Result:    Motion passes unanimously.

MOTION:  To approve the zone change with the final stipulation and that the
                    mylars for filing reflect the technical changes proposed by the
                    applicant in order to meet the filing requirements of the regulations.
                   By:    St. Louis                    Seconded:   Tulis
                   Result:    Motion passes 5-0-2 (Nevers, Ellis abstain).

MOTION:  To approve the previously submitted site development plan for the
                   campground as the preliminary site development plan for this zone
                   with the condition that an application for a modified preliminary/final
                   site development plan, meeting the regulations, be submitted for
                   approval prior to any use of the parcel after October 15, 2003 and
                   a future special permit for a campground is approved (the existing
                   special permit and accompanying site plan approval is temporary
                   and expires October 15, 2003.)
                   By:    St. Louis                    Seconded:    Gray
                   Result:    Motion passes 5-0-2 (Nevers, Ellis abstain).

Atty. Capossela asked if the Commission would modify the temporary permit so that construction of the house or store could begin before winter.  Yorgensen suggested that the applicant submit a letter before October 15.  There was a brief discussion concerning the necessity of having an effective date for the zone change.

MOTION:  To make the effective date for Application #2003-15 for the zone change
                   December 1, 2003.
                   By:    Tulis                        Seconded:    Nevers
                   Result:    Motion passes 5-0-2 (Nevers, Ellis abstain).

F.    Minutes

Gray noted that on September 2, 2003 he was excused, not absent.

MOTION:  To approve minutes of September 2, 2003 as amended.
                   By:    Tulis                        Seconded:    Nevers
                   Result:    Motion passes unanimously.

Yorgensen noted that in the September 30, 2003 minutes, on page 4 Chris Deskus should be referred to as “he” and not “she.”

MOTION:  To approve minutes of September 30, 2003 as amended.
                   By:    St. Louis                    Seconded:    Lytwyn
                   Result:    Motion passes unanimously.

G.    Correspondence

1.  Received August 21, 2003, UCONN’s Ten Practical Functions of Wildlife Corridors
2.  Technical Report dated September 2, 2003 of Town Ventures II, LLC
3.  Notice of Certain Planning and Zoning Matters in Neighboring Municipalities,
     received July 29, 2003, to Willington Town Clerk
    re:  Coventry
4.  Letter dated August 21, 2003 from Norman Gray to P&Z
    re:  Change to 14.03.05 In Our Proposed Action on File #2003-16
5.  Memo dated August 5, 2003 from Atty. Branse to land use clients of Branse &
    Willis, LLC
6.  Letter dated September 15, 2003 from Town of Willington Land Use Department
    to Mr. Richard Repko
    re:  331 River Road

Correspondence was reviewed.

H.    Staff Report and Discussion

St. Louis commented that Mr. Latincsics, Republican candidate for the Planning and Zoning Board, has attended several meetings.  Mr. Lough, an Independent, has been to one.  The consensus was that a letter to the John Patton, Selectman, be sent, recommending the two men.  St. Louis reminded Yorgensen about the Bill Goodale letter.

The American Eagle was discussed.

MOTION:  To go into Executive Session with Planning and Zoning Agent at
                   10:43 p.m.
                   By:    Nevers                       Seconded:    Lytwyn
                   Result:    Motion passes unanimously.

The Commission left Executive Session and returned to Open Session at 10:51 p.m.

I.    Adjournment

MOTION:  To adjourn at 10:52 p.m.
                   By:    Nevers                       Seconded:    Lytwyn   
                    Result:    Motion passes unanimously.


                                                Respectfully Submitted,


                                                Susan S. Nimerowski
                                                Recording Clerk