TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF OCTOBER 21, 2003
A. Call to Order
St. Louis called the meeting to order at 7:31 p.m.
B. Roll Call
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
T. Radell, Secretary
M. Ellis (alt.)
N. Gray
P. Nevers (arrived 7:33 p.m.)
Members Absent: D. Lytwyn
Also Present: G. Jones, Assistant Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
St. Louis seated Ellis for Lytwyn.
PUBLIC HEARING
1. File #2003-35 – Application for a Regulation Change to the following Sections:
5.08; 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.)
Atty. David Barry, Hank Torcellini from Gardner and Peterson, Steve Amedy and Dennis Davis, architect, were present.
Atty. Barry said that the requested changes are geared toward active adult housing, and that they believe the changes would help other housing projects in Willington. He said the housing would be for those 55 and over, with no one under 21, for people who are healthy and want to either downsize or not be responsible for housing upkeep. He said the age is determined by the Federal government. He said that because of the aging population, this is the most popular type of housing now in CT, and is attractive to communities because it has no impact on school systems. He quoted figures from an appraiser in Tolland, Bob Stewart, who has studied town tax benefits from active housing He said the specific proposed regulation changes are in the document, “Proposed Changes to the Willington Zoning
Regulations, submitted 8/19/03.”
Atty. Barry said that 5.08.05.02.02 is the most critical section. It is much too restrictive. He noted that the Federal government reduced the age from 62 to 55.
Hank Torcellini referenced section 11.20, saying the sections were written more for the health code. He said the system for the proposed housing will be in the category of 5,000+ gallons a day, which would place it under the DEP regulations. He said they will be treating the effluent to drinking water standards. He said he had proposed wording for 11.20.01.
Under 11.20.04.05, for the phrase, “Guaranteed operational effectiveness,” Mr. Torcellini said he doesn’t understand how effectiveness would be guaranteed. He said he would like to have .06 struck in its entirety.
Steve Amedy spoke of the “l l/2 stories,” which would mean a bedroom (guest room) and bathroom on the 2nd floor.
St. Louis noted that a letter from Dick Palmer, Fire Marshal, regarding separation between buildings, was in members’ packets. He read the letter out loud.
Dennis Davis said that Mr. Amedy is not requesting buildings closer than 15 ft. He said that the health safety code, the building code, and the fire code do not address spacing. he said the building code does have a chart concerning certain building materials and spacing. He said it was up to Planning and Zoning to determine space requirements between buildings.
Steve Amedy read the current regulation 5.08.03.05, building separation. He said the regulations give preference to ranch-type buildings. He said that applying the logic on page 7 of the regulations, which defines building height, the buildings would have to be 20 ft. high, with walkout basements making them 30 ft. high. He said that most buildings in the state of this type are between 12 and 20 ft. in height.
Chris Deskus, 56 Old Farms Road, who is an abutter, said he is concerned are reducing the setback. He said he is comfortable with keeping the setback at 200 ft. He said he is not against the housing project and that it would benefit the town as a whole and the residents of the project in particular.
Gray made several comments about the exact wording of the proposed regulation changes.
Steve Amedy stressed that nobody less than 21 years old will be able to reside in the proposed housing; for the most part, the residents will be widows and widowers or older couples.
Radell said he knows Steve Amedy, having worked on a project for a developer who was working with him. He said he does not feel he has a conflict of interest.
Tulis said he didn’t see the need to the label on the zones as long as the content is correct. He asked how this project would benefit adjacent vacant land, and Mr. Amedy replied that the project would absorb some of the community’s property taxes. He said that the 50 ft. buffer would be consistent with that of most communities. Tulis asked if the buildings would be a Cape Cod cottage design, and Mr. Amedy replied yes, and that they would be 30-32 ft. high at the gable.
More of the proposed regulation changes were discussed..
Number 5.08.03.01, buffers, was discussed. Mr. Amedy said that although they had three plans, the overall plan will be pleasing as well as economically feasible with a 100 ft. buffer.
St. Louis asked about difficulties in maintaining the side of a two-story building with minimal spacing, and Mr. Amedy replied it would not be a problem. St. Louis noted that gables could run in either direction. St. Louis commented that on 5.08.03.07, driveways are supposed to be 20 ft. wide, and asked if the proposed 8 ft. width would be adequate. Mr. Amedy replied it would be sufficient, adding that the Willington requirements are not comparable to those of other towns. He said that often open spaces are not more than a gazebo with surrounding space. Tulis asked Mr. Amedy if a compromise in driveway width would be acceptable, and Mr. Amedy replied yes. Mr. Amedy asked what “maximum recreational opportunities for elderly persons” would be,” and Tulis replied the
intent is to allow the Commission some latitude.
Jones said that on 5.08.03.09, there is no definition in the building code as to the height of a story.
Hank Torcellini noted that the elderly zone setback is 200 ft., while the regular multi-family zone the setback is only 100 ft. He said he didn’t understand the logic of this. St. Louis said that text takes preference over tables.
St. Louis said that, due to the fact that a lot of information has been received tonight, he recommends the Public Hearing be continued to the next meeting.
MOTION: To continue Public Hearing on #2003-35 to the next meeting, November
18, 2003.
By: St. Louis Seconded: Nevers
Result: Motion passes unanimously.
The Public Hearing ended at 8:50 p.m.
REGULAR MEETING
D. New Business
MOTION: To change the order of New Business items.
By: Radell Seconded: Ellis
St. Louis wanted to keep the order of items as posted.
Result: Motion fails, 3-3 (Nevers, Gray, St. Louis opposed)
1. Request for approval of Landscaping and Lighting Plan for Senior Center at 60 Old
Farms Road
Hank Torcellini said he has a set of mylars. He said he had given local notice. He said that three-foot-high lights will mark the driveway enterance. He said there will be 16 ft. light poles in the parking lot, that being on the original plan. He spoke of landscaping plans. Radell said he would recommend changing Patmore ash to flowering pear trees.
Jones said that Yorgensen will review the mylars.
MOTION: To approve landscaping plan with ash trees used instead of flowering
pear.
By: Radell Seconded: Nevers
Result: Motion passes unanimously.
2. Wilderness Lake Campground, request to extend temporary permit at 150 Village
Hill Road (Map 47, Lot 36A and Map 43, Lot 124). Owner/Applicant: KMC, LLC.
Mr. Crossen said he didn’t have a copy of the original temporary permit that gave him permission to open up in the spring and close on October 15. He said he wanted to ask for an extension because he wants to apply for a building permit for the general store and a single house.
St. Louis said the temporary permit has expired. He noted that he doesn’t have a site plan. Mr. Crossen said he will submit it. He said the general store and house locations have not changed.
Tulis noted that Mr. Crossen doesn’t have a special permit under the new regulations, which aren’t in effect today. There was an extended discussion.
Tulis said he wanted to see the site plan for the entire facility because buildings are accessory to the campground. He said the special permit covers the entire facility.
Crossen said he was not asking to open up. He said he can’t get insurance on the buildings because no one lives there, and that a house needs to be built first. Jones said that Mr. Crossen needs to file a special permit and a site plan, and St. Louis said a Public Hearing is required for a Special Permit. Tulis remarked that he doesn’t want to renew a temporary permit.
Mr. Torcellini said they are dealing with older mapping that they would like to update. He said they are trying to set up a meeting with the State Health Department concerning wastewater.
Mr. Crossen asked if the special permit could be extended with the caveat that no camping would be allowed. Jones said that he and Yorgensen reviewed this and didn’t know how we can do it. Tulis said we are treading into dangerous territory with this. Jones said he would talk with Yorgensen. St. Louis suggested the applicant get a special permit in and Jones said we need a site plan or it is incomplete. He suggested Mr. Crossen call Yorgensen.
St. Louis said this will be put on the Agenda for the next meeting, November 18.
E. Old Business
1. File #2003-35 – Application for a Regulation Change to the following Sections:
5.08; 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 was kept open.
F. Minutes
Two changes were requested on the October 7, 2003 minutes. On page l, after “St. Louis seated Ellis for Lytwyn,” add the sentence, “When Lytwyn arrived at 8:00 p.m., Ellis was seated for a vacancy.” On page 4, #5 and #6 should be combined, and the following items re-numbered.
MOTION: To approve October 7, 2003 minutes as amended.
By: Nevers Seconded: Gray
Result: Motion passes unanimously.
G. Correspondence
1. Windham Regional Council of Governments, Referral 03-08-15-TD Zoning,
dated September 3, 2003
H. Staff Report and Discussion
Special Permits were discussed.
St. Louis noted that Yorgensen had not yet submitted a letter to the Board of Selectmen regarding the two applicants for Commission seats. He requested that a letter be written.
Temporary buildings were discussed.
John Patton, First Selectman, said he wanted to submit an application for regulation change for gazebos (7.06) and requested comments from the Commission. He said that as of now, they cannot be put in a front yard. He said he wanted to add gazebos, grape arbors and other structures under accessory structures.
Jones said that accessory buildings need to go behind the house. Tulis suggested appropriate wording that could be used for regulation change.
I. Adjournment
MOTION: To adjourn at 10:10 p.m.
By: Ellis Seconded: Gray
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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