TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF DECEMBER 2, 2003
A. Call to Order
St. Louis called the meeting to order at 7:35 p.m.
B. Roll Call
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
T. Radell, Secretary
M. Ellis
N. Gray (alt.)
P. Latincsics
D. Lough (alt.)
D. Lytwyn
P. Nevers
Members Absent: None
Also Present: S. Yorgensen, Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
No alternates were seated. St. Louis reminded the alternates that they could engage in discussion of issues but could not vote.
D. New Business
1. File #2003-45 – Application for timber harvest on property located at 169 Lohse Road
(Map 52, Lot 28, 17 acres). Owner: Richard Jenkins; Applicant: Joseph Theroux
(Received 12/2/03; Public Hearing by 2/3/04; Decision by 4/6/04.)
Joseph Theroux, Forester and Soil Scientist, said that Theodore Willis will be the logger. Mr. Theroux said they wanted to do the logging sometime this winter, with a frozen gravel skidder and logs leaving the site via a log truck. He said there is one proposed stream crossing in one section, which has already been approved by Inland Wetlands. He said the site is flat, and that all main skid trails are outside of the wetlands and buffer zones. He said the 40,000 board feet represents l/3 – l/2 of the trees.
St. Louis read a letter dated 12/2/03 from Assistant Agent Gary Jones to St. Louis, saying he walked the site 11/24/03 and that Inland Wetlands approved this application, along with other comments.
Mr. Theroux stated that no areas were close to the property lines. He said that tops not utilized will be slashed down to 3-4 ft., 2 ft. in the buffer area.
St. Louis asked if the abutters have been notified, and Mr. Theroux answered no. Yorgensen said that if an A-2 survey were to be submitted, abutter notification would not be required. Mr. Theroux replied that he would drop off the A-2 survey at the Land Use Office. He said the pins have been located, so the boundaries are known.
St. Louis asked if the applicant knew he had to have a driveway permit, and Mr. Theroux replied that he didn’t know that. In answer to questions from St. Louis, Mr. Theroux said the hours of operation will be 7:00 a.m. to 4:30 p.m., Monday through Saturday, for a period of about three weeks.
MOTION: To approve File #2003-45 with the following conditions:
1. A-2 survey to be submitted
2. Driveway permit to be obtained
3. Hours of operation to be 7:00 a.m. – 4:30 p.m., Monday-Saturday
By: Tulis Seconded: Radell
There was discussion about requiring a bond.
Result: Motion passes unanimously.
The applicant asked if he would be getting a letter stating these stipulations, and St. Louis replied yes.
2. File #2003-46 – Application for a Regulation Change to the following Sections:
4.14, 4.14.01, 7.01.02, 7.01.04, 7.03.03 of the Town of Willington Zoning Regulations.
Applicant: John Patton. (Received 12/2/03; Public Hearing by 2/3/04; Decision by
4/6/04.)
St. Louis explained that another application requesting these same regulation changes had previously been submitted by the Town of Willington but has been withdrawn. This new application has been submitted by John Patton. A Public Hearing date should be set.
MOTION: To set Public Hearing date for January 20, 2003.
By: Tulis Seconded: Ellis
Latincsis asked for clarification on this application, and Tulis explained it to him.
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
10/21/03, Continued to 11/18/03; Decision by 1/20/04.)
St. Louis said the Public Hearing is closed. Yorgensen noted that Latincsics was not seated for this application.
Tulis said he did some research on density. He said there is a difference in water use between Designed Community Residential and Designed Elderly Residential. He said the water use for an active adult community would be somewhere in between. He said water usage is a key issue. He asked if it would not be better to add a new category, as he had spoken of in previous meetings, instead of making regulation changes to the existing category of Designed Elderly Residential.
After a brief discussion, it was decided to discuss each section of the applicant’s proposal separately.
5.08. and 5.08.01. The consensus was to keep existing wording.
5.08.01.02. The Commission agreed that reference should be made to DER.
5.08.03.01. St. Louis said that at the last meeting a 100 ft. buffer was deemed sufficient. He said that in Atty. Branse’s memo it was suggested that the regulation start out “Except for single family dwellings, no building shall be located…” Yorgensen also suggested the following wording – “Additionally, the Commission may reduce the minimum setback to no less than 100 ft. for single family homes in a DER zone.”
5.08.03.05. Yorgensen said this goes hand-in-hand with 5.08.03.09, Building Height. After considerable discussion, consensus was to leave the regulation “as is.”
5.08.03.07. Tulis said that 8 ft. paths are proposed, and that anything wider than 8 ft., 6 in. would require a permit. Radell commented that 4 ft. is the standard width for a walking path. Tulis said there are products that would allow vehicular access but that are not pavement. Tulis said that 10 ft. would be appropriate, and that turnarounds may be required. Radell asked if grassy areas on both sides on the paths could be included in the width, and St. Louis replied yes. There was discussion about the open space area, with final consensus being that the wording “…of the total …..no less than ten (10) feet in width….” is good.
5.08.03.09. There was considerable discussion on this section. Yorgensen said that perhaps the existing regulation allows for what the applicant wants, that a unit “provides for the limitations of elderly persons” by having a kitchen, living room, full bath and master bedroom on the first floor. Discussion followed and the consensus of the Commission was that they agreed. The regulation will stay as is.
5.08.05.02.02. Yorgensen said the section has to comply with the Federal Fair Housing Act. Since Gray had researched the Act, he read portions of it. There was considerable discussion about this section and how it should read. Gray said that what the applicant wants to achieve can be done under federal law. Tulis suggested that Gray write this section up and that Atty. Branse look it over. The consensus was that “age 55 and meet federal and state guidelines” may be sufficient.
11.20.01. The consensus was to use Atty. Branse’s language.
11.20.04.05. The consensus was to leave this section “as is.”
11.20.04.06. The Commission agreed with Atty. Branse’s opinion to leave this section “as is.”
St. Louis said this application will be continued to the next meeting, when formal drafts will be given to members, along with draft motions.
F. Minutes
Yorgensen asked Lough had to see the Town Clerk and be sworn in before the next meeting.
November 18 minutes: Latinscics’ name was misspelled, he had been sworn in already, but that Gray had not been at that time.
MOTION: To approve minutes as amended.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
G. Correspondence
1. Letter dated 11/17/03 from Northeast Utilities to Michael Eldredge, First Selectman
2. Complaint form dated 11/24/03 from Harold J. Hemingson, Sr., 157 Old Farms Rd.
re: Junk cars at 151 Old Farms Road (Jeffrey & Donna Hanson)
Correspondence was reviewed.
H. Staff Report and Discussion
None.
I. Election of Officers
It was decided to have vote by paper ballot.
MOTION: To nominate St. Louis as Chair
By: Tulis
MOTION: To nominate Radell as Chair.
By: Latincsics
MOTION: To close nominations for Chair.
By: Tulis Seconded: Lytwyn
Result: Motion passes unanimously.
Discussion: Tulis said he had been on the Commission for about 10 years, and that historically the most senior, willing and capable person is nominated for Chair. He said it should have nothing to do with party affiliation. He said that person must come to the meeting prepared.
St. Louis added that he hoped the election will not be politicized, and Radell replied that, unfortunately, elections are political.
Tulis said that since the Town can be sued by applicants, it is important to have good leadership and good legally sound decisions.
Both nominees spoke briefly of their qualifications.
After a vote by paper ballots was taken and the votes tallied by the Recording Clerk, it was announced the vote was 4 for Radell for Chair, and 3 for St. Louis.
MOTION: To nominate Tulis as Vice-Chair.
By: St. Louis
MOTION: To nominate Latincsics as Vice-Chair.
By: Nevers
MOTION: To nominate Ellis as Vice-Chair.
By: Lytwynn
MOTION: To close nominations for Vice-Chair.
By: Nevers Seconded: Lytwyn
Result: Motion passes unanimously.
After a paper vote was taken and the votes tallied by the Recording Clerk, it was announced the vote was 2 for Tulis, 4 for Latincsics, and 1 for Ellis.
MOTION: To nominate Ellis for Secretary.
By: Radell
MOTION: To close nominations for Secretary.
By: Latincsics Seconded: Nevers
Result: Motion passes unanimously.
After a paper vote was taken and the votes tallied by the Recording Clerk, it was announced the vote was 6 for Ellis for Secretary, and 1 abstention.
Gray asked if the roles and responsibilities of Commission officers are in writing, and Yorgensen replied no, because there are no by-laws.
J. Adjournment
MOTION: To adjourn at 9:58 p.m.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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