TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF NOVEMBER 18, 2003
A. Call to Order
St. Louis called the meeting to order at 7:30 p.m.
B. Roll Call
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-chairman
T. Radell, Secretary
M. Ellis
P. Latincsics
P. Nevers
Members Absent: D. Lytwyn
Also Present: S. Yorgensen, Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
No alternates were seated. N. Gray was not seated for the meeting since he had not been sworn in yet.
St. Louis introduced a new member, Peter Latincsics. He said that since Mr. Latincsics has not been sworn in yet, he can’t be seated for the Public Hearing but can be for the Regular Meeting. St. Louis said he had a letter from Atty. Branse stating this. Ellis is now a regular member instead of an alternate.
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, Continued
to 11/18/03; Decision by 1/20/04.)
Atty. Len Jacobs said he was not going over changes discussed last time. He said they had provided sufficient information on 5.08.03.07, reducing the width of the walkway from 20 ft. to 8 ft. He said that Assistant Agent Jones had made a suggestion concerning emergency turnarounds and that they accept that minor modification. Concerning 5.08.03.01, setbacks within a Designed Elderly Residential Zone, it is currently worded that no building or structure can be less than 200 ft. from the property line, and the Commission can reduce the setback to no less than 50 ft. where use is compatible with use of the adjoining property. Atty. Jacobs said they would like to see the regulation minus “where use is compatible with use of the adjoining property.” He explained their reasoning, which
is two-fold: 1. it should be the Commission’s judgment to reduce the setback, and 2. an active adult project is not offensive to adjoining property owners because it is a residential use. He said it seems elderly housing is counted as least compatible. He noted that the Industrial Zone setback is only 100 ft.
Ken Fortier of 48 River Road, said he is aware of the project and has no problem with it being developed “as is.”
Radell questioned the proposed age limits.
Atty. Jacobs explained that the age of 55 was chosen because the Federal government has passed a rule saying that age discrimination doesn’t exist in limiting housing to that age or higher. He said that having housing where at least one occupant is age 55 will ensure that the local school system is not impacted. He said that some regulations have a minimum age of 25 for a third party, but that it would be impossible to absolutely ensure no problems due to an occasional younger person living in the housing.
St. Louis referred to a letter dated November 6, 2003 from Atty. Branse. Atty. Jacobs said they just wanted to take out the “limiting factor” concerning setbacks. St. Louis said the 200 ft. setback was put in place more to keep the noise level, etc. down for the elderly people in the housing rather than to protect the neighbors.
Steve Amedy, applicant, said a 100 ft. buffer would be “wonderful” for them.
Referring to the first full paragraph, page 3, of Atty. Branse’s November 6 letter to St. Louis, Tulis suggested that perhaps a new zone needs to be created.
St. Louis said we’d like to have time to review all of Atty. Branse’s comments.
Ellis asked if the proposed change in building separation was acceptable to Atty. Branse, and Atty. Jacobs replied that it was. Atty. Jacobs referred to a letter from the Fire Marshal that did not seem to indicate he would have a problem with a 15 ft. separation.
Yorgensen said that concerning the buffer, she would like to see the “qualification” section of 5.08.03.01 left as is. She said she doesn’t have a problem with a 100 ft. buffer, and that even 50 ft. may at times be appropriate.
Atty. Jacobs said he was fine with that. Tulis noted that the DCR was the only other zone with more than a 100 ft. setback.
St. Louis recommended that the Commission review Atty. Branse’s letter and that the Public Hearing be closed.
MOTION: To close the Public Hearing on File #2003-35.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
REGULAR MEETING
The Regular Meeting commenced at 8:11 p.m.
MOTION: To add #5, Election of New Officers, under New Business.
By: Latincsics Seconded: Radell
Both St. Louis and Tulis voiced their opposition to electing new officers tonight since no public notice had been given and members were not noticed, either.
Result: Motion passes 4-2-0 (St. Louis and Tulis oppose).
D. New Business
1. 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
No one was present to speak on this request.
2. Library Building Committee requested Suzanne G. Chapman, Library Board of
Directors, Representative to Willington Public Library Building Committee, to update
The Planning and Zoning Commission on status of the Library project.
Suzanne Chapman said that much has happened since she gave an update about a year ago. She indicated the Building Committee now has eight members, some of whom were present. The Committee had considered pursuing a $500,000 state grant, but they had reconsidered. The $3,000,000 in bonding monies in CIP is coming up so they have decided to go ahead with plans. She said they have had to downsize the library from 15,000 to 12,000 sq. ft., and have chosen have chose Kenyon & Cutler from Avon as their architect. They are deciding on the best footprint, where to place the building on the property, etc. She said they have had to identify every single area in the library and attach a square footage to those areas, a difficult task. She distributed the first draft of drawings by
the architect to Commission members. The Committee wanted to make sure the building was arranged in such a way that it could be expanded in the future. Ms. Chapman asked for guidance from Planning and Zoning. The land is covered 16.2% with non-permeable structures, whereas 15% is the limit. She said they could take away from the parking spaces but don’t want to do that.
St. Louis asked if there were wetlands on the site; Yorgensen replied that there were. He said that wetlands have to be taken out of the area, so that would reduce the size of coverage. Yorgensen said that one of the things she’s talked to the architect about is to use pavers, etc. instead of sidewalk. Chapman said a lot needs to be kept on the first floor, so it would be difficult to reduce the “footprint.” She said they want to go to referendum in early January.
St. Louis inquired about the exterior of the building, and Chapman replied that the proposed library will be brick with stained cedar shingles or shakes in the gable surrounding the round windows. She said it is not an ostentatious building. They can’t break ground until the referendum passes.
Yorgensen noted that they need approval from Inland Wetlands and then they should apply for special permits. She said a site plan will be required for Inland Wetlands. She said the wetlands have not been flagged by a soil scientist yet.
Tulis asked about the location of the building on the site and the possibility of putting the building in front and parking in back for aesthetic reasons. Ms. Chapman replied that the proposed location is preferable due to the way the property slopes downward in back. Less fill will be needed this way. Snow and ice removal will be easier, also.
Yorgensen said their engineer has not contacted the Land Use office.
A brief discussion ensued about alternatives to paved parking, permeable walkways, etc., so more of the 15% allotted space can be used by the building itself.
Ms. Chapman mentioned that they will be doing a brick fundraiser for the walkways, and Yorgensen commented that brick walkways are not considered impervious. Tulis said that would depend on how the bricks were set.
Tulis said that IWC has to be satisfied, and the outcome there will affect how the site is developed. Yorgensen said a lot of necessary items have to be submitted. St. Louis suggested the Committee makes sure the engineer gets in touch with the Land Use office.
Latincsics asked if it would be helpful to have a Zoning Agent or representative from the Commission present at Committee meetings, and Ms. Chapman said it would.
3. Review of Conservation Easement for Sharon W. Dunston Subdivision, Old Farms
Road and Hockla Farms Road.
Yorgensen said this is not our normal easement since they want to dig a pond and conservation easements don’t usually don’t allow such activities. Tulis indicated the pond would be 75 ft. in diameter, for livestock use. Consensus was that the easement was fine.
4. File #2003-43 – Application for a Regulation Change to the following Sections:
4.14, 4.14.01, 7.01.02, 7.01.04, and 7.03.03 of the Town of Willington Zoning
Regulations. Applicant: Town of Willington. (Received 11/18/03; Public Hearing by
1/20/04, Decision by 3/16/04.)
St. Louis indicated that a Public Hearing date needed to be set for this application, and that the adjoining towns need to be noticed 35 days before the Public Hearing.
MOTION: To have copies of the Regulation Changes for File #2003-43 sent out
as soon as possible and to set the Public Hearing for 1/6/04.
By: Radell Seconded: Ellis
Result: Motion passes unanimously.
5. Election of New Officers
There was discussion about whether or not it would be appropriate to have an Election of Officers tonight.
MOTION: To open the floor to nominate Tony Radell as Chairman.
By: Latincsics
Since there was no second, St. Louis announced that Election of Officers would appear on the Agenda at the next meeting.
Yorgensen said that concerning the extension of the Temporary Permit for Wilderness Lake Campground, Mr. Crossen is expecting a decision tonight. She explained that a Temporary Special Permit was originally requested and granted until October 15, and then the applicant requested an extension. Discussion ensued.
MOTION: To deny request to extend Temporary Special Permit for Wilderness
Lake Campground.
By: St. Louis Seconded: Radell
Discussion.
Result: Motion passes unanimously.
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, continued
to 11/18/03; Decision by 1/20/04.)
After discussion, it was decided to table this application.
F. Minutes
Tulis requested one change to the October 21, 2003 minutes: on page 4, about one-third of the way down the page, change “enterance” to “entrance.”
MOTION: To approve the October 21, 2003 minutes as amended.
By: Nevers Seconded: Radell
Result: Motion passes 6-0-1 (Latincsics abstains).
G. Correspondence
1. Letter dated 11/6/03 from A. St. Louis to John Patton
re: N. Gray as alternate
2. Letter dated 10/28/03 from Land Use Department to Pamela B. Katz, Chairman of
CT Siting Council
Re: Docket No. 267, Application submitted by Cordless Data Transfer, Inc.
3. Letter dated 10/13/03 from Ken Uppling to Town of Willington
re: American Eagle
Correspondence was reviewed. Yorgensen said that she has received three written complaints about the color of the bright pink fence at American Eagle. A brief discussion ensued.
H. Staff Report and Discussion
Yorgensen said she wrote a letter to the Siting Council regarding the tower on Turnpike Road. St. Louis said the Zoning Agent as well as the Commission should have input on this. Yorgensen said there will be a Public Hearing on December 4 at the Town Hall for the Siting Council. She added that the Council does take into account comments from the public.
Tulis asked about seminars for new members. Yorgensen said one of the Inland Wetland members went to a November 15 Bar Association seminar. She said she would check with the Extension Service for their upcoming seminars.
I. Adjournment
MOTION: To adjourn at 10:28 p.m.
By: Nevers Seconded: Tulis
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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