TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF JULY 20, 2004
A. Call to Order
Tulis called the meeting to order at 7:35 p.m.
B. Roll Call
Members Present: R.Tulis, Chairman
P. Latincsics, Vice-Chairman
M. Ellis, Secretary
M. Dinallo
D. Ridzon (alt.)
Members Absent: D. Lytwyn
T. Lough (alt.)
Members Excused: P. Nevers
St. Louis
N. Gray (alt.)
C. Seat Alternates
PUBLIC HEARING
1. File #2004-15 – Application for Regulation Change to Sections 11.01.02.01 and 11.01.02.03 of the Town of Willington Zoning Regulations. Applicant: Dorian Famiglietti (Received 6/1/04; Hearing on 7/20/04)
Dorian Famiglietti was speaking in favor of her clients Mr. and Mrs. Cydylo of 98 Latham Road. They are interested in amending Sections 11.01.02.01 and 11.01.02.03. These sections pertain to Home Occupation Regulations. The current regulation 11.01.02.01 states: The person or persons conducting the home occupation shall reside on the subject site and there shall be no more than two (2) non-resident persons engaged in the conduct of the home occupation. The proposed revision states: The person or persons conducting the home occupation shall (a) reside on the subject site or (b) be a family member of the owner of the subject site and reside within 100 feet of the subject site. There shall be no more than 2 non –resident persons engaged in the conduct of working with the person or persons conducting the home occupation.
The current regulation 11.01.02.03 states: The total square foot area used for the conduct of the home occupation, including accessory building and storage areas, shall not exceed fifty (50%) percent of the livable floor area of the principal dwelling unit on the site. The proposed revision states: The total square foot area used for the conduct of the home occupation, including accessory buildings and storage areas, shall not exceed fifty (50%) percent of the livable floor area of the principal dwelling unit on the site. Notwithstanding the foregoing, the commission may permit, by a majority vote, a larger area to be used for the home occupation provided no alterations or enlargements of the existing structures are necessary to do so and further provided that the commission determines that the use of a larger area
will not impair the residential character of the site or of the neighborhood.
The Cydylo’s wish to allow their son-in-law and grandson to run a machine shop out of an old chicken coop on their property. The son-in-law and grandson live on the same road within 100 feet of the Cydylo property. The Cydylo feel that because the properties are so close and there is a close family relationship it may be reasonable to allow their son and grandson to run their business out of the space. They wish to make no additions or expansions. No exterior work will be done; therefore, the outside of the building with still fit the character of the site or neighborhood.
However, the size of the chicken coop exceeds fifty (50%) percent of the livable floor area. Therefore, they ask that the commission vote on whether the area is suitable for home occupation without impairing the residential character of the site or neighborhood.
Tulis expressed his concern about how this amendment would affect other applications.
Ellis questioned why they did not try to get a zone change. Famiglietti said that changing to an Industrial zone would be incompatible with the surrounding area. Famiglietti also pointed out that by just amending the sections it would give the town the power to choose whether the situation was suitable. Ellis was also concerned with the fact that a home occupation should be run by the homeowner. Ellis also asked what would happen if there was a disagreement or divorce. Famiglietti reassured him that the grandson would also be very much involved in the business and therefore securely within the family.
Susan Yorgensen expressed her concern that it may work in this particular case but not necessarily for everyone else in the town. Yorgensen felt that it would be hard for people to provide proof to the town of family relations and people may take advantage of that. Famiglietti replied that the amendment could be tightened up to prevent people from taking advantage. She also commented that the definition in Section 3 (home occupation) should be looked at since a machine shop is normally considered an industrial type use.
Some of the Commissions other concerns were; that if an accessory use was larger than a residential use it may become the primary use instead of the accessory use, that a home occupation by definition required the owner to reside the and that any change made to the regulations would apply to all lots in the zone. A facsimile, from Attorney Ronald F.Oshsner, concerning the proposed text revisions was discussed. Oshsner suggested that a ‘clear statement of the nature of the Home Occupation to be conducted along with a signed statement of concurrence by all of the resident members of the premises where the Home Occupation is to take place should be added as a requirement if this revision is adopted. Tulis agreed with this requirement.
Mrs. Cydylo expressed that the business was only for her son-in-law and grandson, and that the space would never be rented out to someone outside of their immediate family.
Latincsics asked if any exterior or interior work would be done and Famiglietti said only interior, as to not spoil the character of the surrounding area.
At this point Tulis and Famiglietti agreed to leave the hearing open to allow Famiglietti to make some tighter revisions and resubmit them at the next meeting.
Tulis recommended that this application be continued to the next meeting.
MOTION: To continue File #2004-15 to the next meeting on August 17.
By: Tulis Seconded: Dinallo
Result: Motion passes unanimously.
D. New Business
1. File #2004-20 – Application for logging permit on Mihaliak Road (Map 50, Lot3) Owner: Mary Litwinczyk; Applicant: Grossi Forest Products (Received 7/20/2004, Hearing/Decision by 9/21/2004
A representative from Grossi Forest Products was present for the application for the logging permit. He had the returned receipts from all abutters. He said trees had been marked within 100 feet of boundary lines, with blue paint. A plan, with the location of the four water bars, was submitted. He also said members of the Wetland Committee had walked the site.
The representative said that notifying the office when operation begins and ends is normal procedure and would therefore be done.
The only requirement the representative was not aware of was that all skid trails and haul roads needed to be seeded and mulched. He however agreed that if it had to be done it would be but it was not normal procedure.
Grossi Forest Products had submitted application for Wetlands permit but had not yet received it.
Tulis said the application was reasonably complete and it would be approved with Wetlands permit and a bond to entice performance and restoration.
MOTION: To approved the application with the following conditions: a bond be submitted (amount to be set by the towns engineer) for restoration and erosion control both temporary and permanent for the crossings, landings and the uphill trails and water bars.
By: Tulis Seconded Ellis
Result: Motion passes unanimously
E. Public Comment
No comments.
F. Minutes
Ellis made a motion to approve the minutes as submitted. Seconded by Tulis. Result: Motion passes unanimously.
G. Correspondence
1. Letter dated July 8, 2004 to Yorgensen from Katherine Holt
Re: Proposal to modify the Willington Zoning Regulations
2. Letter dated June 28, 2004 to Tulis from Paul Czepiga
Re: Litwinczyk subdivision
H. Staff Report and Discussion
There was discussion about the Public Notice signs and that the lettering should be all black and not white like normal traffic signs. They should stand out. In addition, the revisions to subdivision and zoning regulations for the public notice signs should have the formal language by August 17th meeting.
I. Adjournment
MOTION: To Adjourn at 10:30 p.m.
By: Tulis Seconded Dinallo Unanimously Approved.
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