TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF DECEMBER 16, 2003
A. Call to Order
Radell called the meeting to order at 7:30 p.m.
B. Roll Call
Members Present: T. Radell, Chairman
P. Latincsics, Vice-Chairman
N. Gray (alt.)
D. Lytwyn (arrived 8:10 p.m.)
P. Nevers
A. St. Louis
R. Tulis
Members Absent: M. Ellis, Secretary
D. Lough (alt.)
Also Present: G. Jones, Assistant Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
Radell seated Gray for Lytwyn.
Latincsics was not seated for File #2003-35.
D. New Business
1. 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 1/20/04; Decision by
3/16/04.)
A Public Hearing for this application is scheduled for January 20, 2004.
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, 12/2/03, 12/16/03; Decision by 1/20/04).
Each regulation was discussed and voted on separately.
MOTION: To deny request to change 5.08 and 5.08.01.
By: Tulis Seconded: Gray
Result: Motion passes unanimously.
MOTION: To approve the requested change to Section 5.08.01.02 to read:
“…..requirements of the (DCR) DER Zone and any applicable
provisions…..” .
By: Gray Seconded: Nevers
Result: Motion passes unanimously.
Tulis noted that this change corrects a typing error in the original regulations.
MOTION: To approve the requested change to 5.08.03.01 as modified:
“EXCEPT FOR SINGLE FAMILY DWELLINGS, no building or
structure shall be located less than two hundred (200’) feet from the
perimeter property line or the zone line, whichever is less: except
that any use permitted in an adjoining R-80 Zone may be located in
accordance with the required setbacks for that Zone; and, further,
the Commission may reduce the minimum setback for elderly dwelling
units or Congregate Elderly Housing to no less than fifty (50’) feet
where there are uses on adjoining properties which shall be compatible
with, benefit from, or provide benefit to, such dwellings. Examples
would include shopping facilities, health care facilities, churches,
community or governmental buildings, parks, transportation facilities,
and the like. ADDITIONALLY, THE COMMISSION MAY REDUCE
THE MINIMUM SETBACK TO NO LESS THAN 100 FEET FOR
SINGLE-FAMILY DWELLINGS IN A DER ZONE.
By: Gray Seconded: St. Louis
Discussion. Gray said that essentially we want to allow senior dwellings no less than 100 ft. from the property line. There was discussion about the exact wording that should be used for clarity. Tulis contended that a new zone for active adults should be created.
Gray withdrew his motion.
MOTION: To deny request change to 5.08.03.01.
By: Nevers
Discussion. Action on this section was tabled.
Lytwyn arrived at 8:10 p.m.
Lytwyn said he had listened to the tapes of past public hearings on this application and was therefore seated. Gray was seated for Ellis at this time.
MOTION: To deny the requested change to Section 5.08.03.05.
By: Tulis Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To modify the requested change to Section 5.08.03.07 to read:
“Open Space and Recreation. All developments……no less than
(twenty (20)) TEN (10) feet in width, improved for vehicular access.
By: Gray Seconded: St. Louis
Discussion. Tulis suggested adding “WITH TURNAROUNDS AS NECESSARY.”
to the motion. Gray modified his motion accordingly.
Result: Motion passes unanimously.
MOTION: To deny the requested change to Section 5.08.03.09.
By: St. Louis Seconded: Nevers
There was discussion about whether a kitchen, living room, full bath and master bedroom located on the first floor provides for the limitations of elderly persons, as required by this regulation. Tulis suggested that the stairs be designed so that a chair lift can be added in the future
Result: Motion passes unanimously.
5.08.05.02.02, Occupancy – There was discussion about disabled persons being allowed to come into elderly housing and what Federal law says about the subject. Lytwyn and other members suggested that legal opinion is needed. There was discussion about having a third person living in the household. Tulis suggested wording it such that it stays in compliance with federal law. Radell suggested using the applicant’s wording except to leave out the reference to age 21. Jones said the current regulation allows two people, and the requested change allows three. Tulis said that our requirements should be part of association rules, and Jones agreed. Action was tabled on this regulation.
MOTION: To deny the request to delete Section 11.20.01 and to deny the request to
change Section 11.20.03 and Section 11.20.04.
By: St. Louis
Tulis noted that the applicant never requested that 11.20.01 be deleted.
St. Louis withdrew his motion.
MOTION: To deny request to delete Section 11.20.01 and to approve changes to
Section 11.20.03 and Section 11.20.04 as follows:
Section 11.20.03 “Any septic system serving such high intensity uses
WHICH IS NOT REGULATED BY THE CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION shall not be
permitted in the following:”
Section 11.20.04 “All high intensity uses shall at a minimum meet
all requirements of the Sanitary Code of the State of Connecticut AND,
FOR ANY SEPTIC SYSTEM SERVING SUCH HIGH INTENSITY
USE WHICH IS NOT REGULATED THE CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION, SHALL
ALSO COMPLY WITH THE FOLLOWING:”
By: St. Louis Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To deny the requested change to Section 11.20.04.05.
By: St. Louis Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To deny the request to delete Section 11.20.04.06.
By: Tulis Seconded: St. Louis
Result: Motion passes unanimously.
Radell asked Jones to request that Atty. Branse reply to the two remaining items, 5.08.03.01 and 5.08.05.02.02, before the next meeting on January 6, 2004.
There was a brief discussion on when changes in the regulations should be made effective.
MOTION: To have changes in the regulations effective March 1, 2004.
By: Tulis Seconded: Lytwyn
Result: Motion passes unanimously.
Latincsics was seated for the remainder of the meeting.
F. Minutes
MOTION: To approve minutes of December 2, 2003.
By: St. Louis Seconded: Tulis
Result: Motion passes unanimously.
G. Correspondence
None.
H. Staff Report and Discussion
There was no Staff Report.
St. Louis said he attended all three sessions of the Connecticut Siting Council meeting on December 4. He said that the public has 30 days to send written comments to the Siting Council. He said the DEP has classified the proposed location of the cell phone tower as inland watercourse; therefore, the 180 ft. lattice tower may have to be moved 75 ft. A balloon test showed it will be very visible from several locations, although only three residents would be able to see it from their homes. St. Louis expressed concern that since only the abutters have to be contacted, others will not know about the proposed tower. He said that our regulations favor monopoles.
St. Louis said he was concerned that the Board of Selectmen made a Planning and Zoning appointment without any contact with or input from the Commission; in the past, that courtesy had been given. Radell said he would write a letter to the First Selectman and send copies to Commission members.
I. Adjournment
MOTION: To adjourn at 9:53 p.m.
By: Nevers Seconded: Lytwyn
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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