TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF JANUARY 6, 2004
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
M. Ellis, Secretary
M. Dinallo (alt.)
N. Gray (alt.)
A. St. Louis
R. Tulis
T. Lough (alt.) (arrived 7:43 p.m.)
P. Nevers (arrived 7:43 p.m.)
Members Excused: D. Lytwyn
Also Present: S. Yorgensen, Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
Radell seated Dinallo for Nevers.
Radell noted that Dinallo is a new Alternate.
D. New Business
1. File #2003-48 – Application for road improvements and widening, pursuant to
CGS 8-24, for the Hockla Farms Road Project (Maps 17 & 22) and including
acquisition of property for a turn-around. Owner: Town of Willington.
Yorgensen said there was a letter from the Selectman outlining their requests.
Karl Acimovic gave out copies and plans and aerial photos. He said they will use recycled asphalt products.
Yorgensen gave a background information summary on this file.
Acimovic said the road will be 12 ft. in width with 2 ft. shoulders on each side. He said the existing culvert will be replaced.
St. Louis asked about silt in the Hockla pond, and asked where it came from, to which Acimovic replied that it comes from many sources but not from the road.
Tulis asked if the roadway will meet town standards, and Acimovic said it will emulate the existing road, similar to Mason Road. It is not a subdivision-type road.
Radell asked if the silt will be slowed down, and Acimovic replied yes. He said the grade is a little more than 5%. He said the recycled asphalt should cure some of the minor erosion that’s there. In answer to Radell’s question, he said oil will not be used.
Tulis said he wanted to review the requirements under 8-24. Yorgensen said this is the section of the statutes that requires municipal improvements to come before the Planning Commission. She gave some examples. She read the procedures.
In answer to questions, Acimovic said the road is being widened. It is very rough, with the stones showing through at present. It is being paved for easier maintenance. He said that that gravel roads over 5% grades are tough to keep up; a grade of over 8% makes it very difficult.
MOTION: To approve File #2003-48.
By: St. Louis Seconded: Ellis
Lough and Nevers were seated at 8:00 p.m. At this time Dinallo was seated for Lytwyn.
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 is 1/20/04; Decision
within 65 days of close of Public Hearing.
Tabled. The Public Hearing will occur at the next meeting, on January 20.
3. File #2003-49 – Application for a modification of a preliminary site plan for property
at 150 Village Hill Road (Map 43, Lot 24, Zone DR). Owner/Applicant: KMC, LLC
(Received 1/6/04; Decision by 3/2/04.)
Yorgensen explained that three different things are going on at the same time concerning this application.
MOTION: To table File #2003-49.
By: St. Louis Seconded: Ellis
Result: Motion passes unanimously.
4. File #2003-50 – Application for a Special Permit for a campground, caretaker
residence, general store and banquet hall for property at 150 village Hill Road
(Map 43, Lot 24, Zone DR). Owner/Applicant: KMC, LLC. (Received 1/6/04;
Public Hearing by 3/2/04; Decision by 5/4/04.)
MOTION: To set a Public Hearing for File #2003-50 for February 3, 2004.
By: St. Louis Seconded: Nevers
Tulis said he would like to set the Public Hearing for February 17.
St. Louis modified his Motion to set the Public Hearing for File #2003-50
for February 17, 2004, seconded by Nevers.
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; 5.08.03.05; 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 11/8/03, 12/2/03; Decision by 1/20/04.)
Radell said that Lough and Dinallo will not be seated for this application.
Yorgensen said the only old business is 5.08.03.01 and 5.08.05.02.02. She said she had an e-mail of Atty. Branse’s response, and that Tulis has some language which is much the same. Tulis asked for bullets instead of alphabetical listings be used. Tulis said he changed his wording after reading Atty. Branse’s comments.
After considerable discussion, it was decided to use Tulis’ wording instead for the paragraph on setbacks.
MOTION: To modify the request to amend Section 5.08.03.01 to read
as follows:
Setbacks. 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 as follows:
· The Commission may reduce the minimum setback for multiple dwelling unit buildings for the elderly 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 of such adjoining uses would include shopping facilities, health care facilities, churches, community or governmental buildings, parks, transportation facilities, and the like.
· The Commission may reduce the minimum setback for single family buildings for the Elderly to no less than 100 feet in a DER Zone, where the character of the site and surrounding properties provide sufficient buffering.
In any case, those uses (not buildings or structures) permitted in an
abutting R-80 Zone may be located in such DER Zone in accordance with the required setbacks for an R-80 Zone.
By: Tulis Seconded: Nevers
Result: Motion passes unanimously.
Concerning 5.08.02.02, the consensus after discussion was that this does not have to do with three people, only two. Yorgensen said the maximum allowed under the current regulations is two.
MOTION: To modify the requested change to 5.08.05.02.02 to read as follows:
· Occupancy of any Dwelling Unit shall be limited to not more than two (2) persons, not related by blood or marriage, ONE OF WHICH SHALL BE 55 YEARS OF AGE OR OLDER, who desire or require dwelling units designed for the elderly but allowing the maintenance of an independent life style,.
· A dwelling unit may be occupied by the surviving member of a household, regardless of age, if the deceased member met the preceding requirements for occupancy.
· If a single dwelling unit is occupied by a person 55 years of age or older, the same unit may also be occupied by no more than TWO(2) persons, NOT related by blood or marriage to the other, under such age, but in no event under the age of 21 years.
FURTHER, THE OVERALL OCCUPANCY OF ANY SUCH FACILITY SHALL BE IN COMPLIANCE WITH ANY FEDERAL OR STATE LAWS GOVERNING FAIR HOUSING FOR THE ELEERLY AND/OR THE HANDICAPPED.
By: Tulis Seconded: Nevers
Result: Motion passes unanimously.
Effective date March 1, 2004.
F. Minutes
Several changes to the December 26, 2003 minutes were requested. On page 1, change “D. Lough” to “T. Lough.” On page 3, the beginning of the last Motion should read: “To approve changes to Section 11.20.03 and Section 11.20.04 as follows:”
MOTION: To approve minutes as amended.
By: St. Louis Seconded: Nevers
Result: Motion passes 6-0-1 (Ellis abstains).
G. Staff Report and Discussion
Yorgensen said that Atty. Branse offered to do an overview of land use issues workshop for the many new members on the Planning and Zoning Commission and the Zoning Board of Appeals. After a brief discussion, it was decided that would be good.
There was discussion on home occupations, as well as on the proposed Conservation and Development map.
There was discussion about motor vehicles violations on the Halchek property. Yorgensen said she would look into sending a Notice of Violation and also call the DEP.
Latincsics asked what the basis for the violation would be. Mr. St. Louis said he didn’t want it to be just from his observations. Yorgensen said she has personally seen many unregistered vehicles on the property and has photos. The consensus of the Commission was that there should be no notices of violations or orders unless there was a written complaint. Chairman Radell directed staff to only issue violations when a written complaint was filed.
Changing regulation 4.05, regarding structures allowed in a front yard, was discussed. Radell suggesting allowing any kind of structure, as long as setbacks were met. St. Louis said because after the Plan of Conservation and Development is adopted the Commission will need to make changes in the Subdivision and Zoning Regulations for assurance of conformance with the document he felt that until then changes should only be entertained in response to an application from the public. There was discussion about regulations regarding attached and separate garages. Yorgensen said there was no application for changes to 4.05 at present. Discussion tabled.
H. Adjournment
MOTION: To adjourn at 10:20 p.m.
By: Nevers Seconded: Tulis
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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