TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF NOVEMBER 16, 2004
A. Call to Order
Chairman Ralph Tulis called the meeting to order at 7:38 p.m.
B. Roll Call
Members Present: R. Tulis, Chairman
P. Latincsics, Vice-Chairman
M. Ellis, Secretary
A. St. Louis
P. Nevers
Members Excused: M. Dinallo
Members Absent: N. Gray (alt.)
T. Lough (alt.)
D. Lytwyn
D. Rizdon (alt.)
Also Present: S. Yorgensen, Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
No one was seated.
PUBLIC HEARING
1. File #2004-27 – Application for a 1-lot re-subdivision at 75 Ruby Road (Map 28,
Lot 15). Owner/Applicant: Andrew Szewczyk. (Received 9/21/04, Public Hearing
10/19/04, continued to 11/16/04, Decision by 12/7/04.)
Dave Smith said the public hearing has been continued until tonight so the Health District could review the application. The site needs fill for the septic system. He gave the history of the lot, which consists of 4.575 acres. He said work commended in August and was completed in October. Concerns of the Health District were the issue that held up this lot since 1992, and now the problem has been overcome. He said he is asking for four waivers. The soil types are not shown on the map; John Ianni has that information. The drainage analysis would be the second waiver. The third waiver involves sediment erosion control. The fourth waiver involves open space. Mr. Smith said that Gary Jones has the eight abutter receipts. He explained the numbering on the lots. Inland Wetlands has approved this application.
St. Louis asked about the location of abutters’ wells, and Mr. Smith replied that their septic system is not within 75 feet of any wells.
Curb cuts were discussed.
Steve Swart said that his concern is that the blasting of the ledge might negatively impact wells.
Mr. Smith replied that there may indeed be some blasting on-site. The Fire Marshall would have to give approval. He said that generally blasting can be done with little or no impact on neighboring properties.
Tulis said that if a neighbor had any problems, recourse would have to be through the courts. He noted there are “no-blast” ways to fracture rock as well.
Peggy Marquis of 77 Ruby Road said she was also concerned about the blasting and the effect it may have on her in-ground pool.
Tulis said that the contractor would have responsibility. He said blasting techniques have been refined and are a lot safer than in the past.
Mr. Blasco said that the applicant will have passive solar equipment on the back of his garage. He said he didn’t check out what street number would be assigned to the lot. He said he thought he had included the Certificate of Adequacy in the application. He said the reference map is at 1,000 scale. The driveway is graded at 12% so it would be paved. It does not have a turn-around. The location of the footing drain is in the 2002 paperwork. Both septic systems will be designed. He said he dropped off a note to Jones giving permission to grant another extension if necessary. He said the notice to abutters went out late.
Tulis said we may want to consult with our attorney about improper notification.
Mr. Blasco said they brought in an additional 18 inches of material.
Yorgensen informed Mr. Blasco and the applicant if the building permit hasn’t been issued, no work should be commenced. She asked about an erosion control plan, and Mr. Blasco replied that Jones is requiring all elements of S&E on Lot #2. He said this will be noted on the site plan.
Yorgensen said this is the first time she has looked at this application. She said the blasting will require a permit from the Fire Marshall as well as insurance. Mr. Blasco said that blasting should be minimal. Tulis said that notice of blasting could be required as a condition of approval. Mr. Blasco said the utilities will be underground.
MOTION: To close the Public Hearing on File #2004-27.
By: Nevers Seconded: Ellis
There was discussion about getting the opinion of our attorney concerning late notification of abutters. Yorgensen said we can get input from our attorney after the hearing, since we have 65 days from today to make a decision. This was the consensus.
Result: Motion passes unanimously.
REGULAR MEETING
The Regular Meeting commenced at 8:20 p.m.
D. New Business
1. File #2004-39 – Request for approval pursuant to CGS 8-24 for the sale of the
Town-owned property on Mason Road (Map 6, Lot 1, 48+/- acres; and Map 11,
Lot 30, 34.17 +/- acres) to CT Forest and park Association, to be held in conservation.
The property has been donated to the Town specifically to be sold and the money
used for the library. Owner: Town of Willington. (Received 11/16/2004.)
Mike Eldredge, First Selectman, said the land will be purchased.. Kathy Demers of the Willington Conservation Commission said she was fully in support of this sale to the CT Forest and Park Association and hopes to see the UCONN property conserved as well. St. Louis asked if the town gives up all right to the property after it is sold, and Mr. Eldredge replied yes. The Nipmuck Trail runs right through it.
MOTION: To approve File #2004-39, the sale of the North property, pursuant to
CGS-24, to the Connecticut Forest and Park Association.
By: Nevers Seconded: St. Louis
Result: Motion passes unanimously.
2. File #2004-40 – Application for Commercial Logging permit on property at 25
Bussee Road (Map 11, Lots 18 & 19). Owner: Charles Busse, Jr.; Applicant
N. E. Timberland Investments, LLC. (Received 11/16/2004; Decision by
1/18/2005.)
Joseph Theroux, Professional Forester, said 50,000 board feet will be harvested, mostly of black or white oak, maple, and hickory. They are focusing on poorer quality trees. The boundary lines have been accurately located. We have previously gone before IWC. There are four crossings, two of which are in Willington and two of which are in Ashford. We have walked the site with Gary Jones. The attached description gives details. Work will be done in late December or early January, hopefully on frozen ground. Mr. Theroux gave details on the soil types.
Tulis asked who would harvest, and Mr. Theroux replied that his company would. The abutting landowners have been notified. He gave the receipts to Tulis.
Yorgensen said this application has been approved by IWC.
Mr. Theroux gave details of the proposed harvesting. He said they have notified Ashford.
Tulis asked if the landing is in Ashford, the Mr. Theroux replied yes. No permit is required by that town.
Ellis asked about hours of operation, and Mr. Theroux replied 7:00 or 7:30 a.m. to about 4:00 p.m., Monday through Saturday. The timeframe will be a couple of weeks. They have a long-range forestry plan. The land is flat in Willington.
MOTION: To approve File #2004-40 with the condition that work hours are
7:00 a.m. –4:30 p.m., Monday through Saturday.
By: Ellis Seconded: Latincsics
Result: Motion passes unanimously.
3. File #2004-41 – Application for Commercial Logging permit on property at 143
Daleville Road (Map 12, Lots 17 & 17a). Owner: Muriel A. Jax; Applicant: Hull
Forest Products, Inc. (Received 11/16/2004; Decision by 1/18/2005.)
Mike Bartlett, Forestor, said they are proposing to harvest on 20 of the 42 acres, on the easterly portion of the property. They will be taking the poorer quality trees, which have been marked with orange bands. A riparian buffer will be maintained along the Fenton River and the intermittent stream. He said that along the intermittent stream they will harvest 7 trees that are over 25 ft. but less than 50 ft. from the stream. The main skid trails have been flagged. There are some steep slopes. There will be relatively few trips. He said they will use a forwarder. The water bars show on the sketch. They plan to seed and mulch trails following the harvest. The timber will be harvested this winter and the firewood next fall and winter. It will take about 3
weeks to harvest the saw timber. A landing area will be constructed on Mason Road. He said they will meet with the Highway Foreman. There is only one abutter; other neighbors are across the street.
Yorgensen said the property owners across the street are also abutters. Mr. Bartlett said that no notifications have been sent out so far. The subcontractor, who is certified, will do the harvesting. Yorgensen asked how often Mr. Bartlett will visit the site, and Mr. Bartlett replied a couple of times a week. Yorgensen asked if the skidder trails are at least 100 ft. away from the wetlands or watercourses, and Mr. Bartlett replied yes.
Tulis read a letter by Jones concerning this application.
Tulis said he had concerns about an adequate buffer (50 ft.) being maintained along the roads. Mr. Bartlett replied that few trees would be coming out in that area. He said the landing will be at least 50 ft. off the road. Tulis said an erosion bond could be required.
Mr. Bartlett said a forwarder will be used. St. Louis asked why the wood won’t be harvested all at once, and Mr. Bartlett replied that this way the tops would season. They would seed both this spring and the next.
Nevers asked about the impact on the dirt road, and Yorgensen replied that the operation will probably tear the road up somewhat, we can require a bond but we can’t stop trucks from going on it.
Mr. Bartlett said the application has been approved by IWC. The water bars will stay and will be seeded over.
A member of the audience commented that the stream is not intermittent.
The necessity of having a bond was briefly discussed.
MOTION: To approve File #2004-41 with the following conditions:
1. Pending notification from abutters.
2. Forestor will be on-site during cutting of the steep hill in the
northeast section.
3. We will be notified of subcontractor.
4. Driveway permit be maintained.
5. Hours of operation: 7:00 a.m. – 4:30 p.m., Monday thru Saturday.
6. Forwarded will be used.
Result: Motion passes unanimously.
E. Pre-application
1. Ruby Road Subdivision Project (Map 33, Lot 19). Owner: Ruby Road
Associates, LLC. Presentation by: BHS Construction.
Annette Turnquist said that the 326 acres are in an R-80 zone, and 26 acres are wetlands. They are proposing an open space subdivision. She said that according to regulations, 151 lots would be allowed, and they are proposing 121 in the preliminary layout. They want to do the construction in 4 phases of 30 lots each. She said they need to provide 55.6 acres of open space; 133.7 acres are being proposed. There is a right-of-way. She said they need to complete a survey and have the wetlands flagged.
St. Louis asked if it was a wildlife corridor, and indicated he would like to see some information about this.
Tulis said the open space requirements are adequate. He said there has been a “lot of conversation” in the PoCD about cluster developments, but that this is “more like a standard subdivision.” He said that St. Louis’ comment was valid about wildlife. Topography has to be considered. He noted that two parallel lots go over ridge tops, and that is undesirable. A clustered development makes more sense. He said a lot of attention has to be paid to the wetlands. He said the applicant should become more familiar with the land.
St. Louis inquired about the type of homes proposed, and Ms. Turnquist replied that raised ranches around 2,000-2,500 sq. ft. are being considered, with a market price of around $300,000. There will be no low income or affordable housing.
Tulis said this is the biggest subdivision he has seen. He said we have had a “bad experience” in the past with open space being done in phases; therefore, we would require the planning of all open space before the start of Phase I. He said that open space has to serve the wetlands, wildlife, and the people in the neighborhoods. He said he would need to walk the site to become familiar with the land.
Ellis asked about traffic on the road, and Ms. Turnquist replied that they would have to have a traffic engineer look at it.
Nevers asked about the wells, and Ms. Turnquist replied that the houses will have private wells and septic.
Tulis said that PoCD should wrap up at the end of November; then the PoCD will come back to the Commission and then to a public meeting. He said we need more information about topography and that he would like to walk the site before too much engineering is done.
St. Louis asked Jean Marc LaCroix of BHS Construction if the company has done any other work in the Willington area, and Mr. LaCroix replied no.
Ellis said he agreed with Tulis’ comments, and Nevers said he thought there would be “too many houses too close together” and that it “looks like a big city development.”
Tulis said he would welcome another pre-application meeting on this application.
F. Applications received post-agenda filing:
1. File #2004-42 – Application to amend and site plan approval for replacing a
guardhouse and add parking on property at 350 Ruby Road (Map 42, Lot 48,
Zone DI). Owner: FedEx Ground Package System, Inc. (Received 11/16/2004;
Decision by 1/18/2005.)
John Walsh gave out copies of the plans. He said they want to create a guardhouse/application center and to expand the parking area. They took one section off the plans and now have approval from IWC. The building will be 40 x 66 ft. and will have bathroom facilities. They have gone through the DEP. He said they have hired Fuss and O’Neill on the addition they’re going to connect.
Yorgensen asked if the permit for discharge would be exceeded, and Mr. Walsh replied no.
There was discussion on the lighting. Yorgensen said the present lights don’t meet our regulations now, and didn’t when they were installed. Mr. Zimmerman pointed out the different types of lighting fixtures on the plans. The lights are 25 ft. high in the employee parking lot. There was discussion on whether a public hearing should be held due to the lighting.
Yorgensen said she would like to see an architectural rendering of the parking and retaining walls. Mr. Walsh said the new retaining walls would match exactly what is there now. Yorgensen said she wanted to see what the expansion of the parking lot including the retaining walls would look like from the road.
Mr. Walsh spoke of what could be done to minimize lighting glare. There was much discussion on the lighting.
Consensus was that a site walk would be appropriate, and was set for Monday, December 6 at 6:30 p.m. Consensus was that there would be no public hearing.
G. Public Comment
The Commission will hear brief comments at this time from anyone wishing to
speak. No business can be conducted here nor can any comments be made about
any public hearing item.
Peter Andersen said he thought the Commission’s comments to the developer of the proposed subdivision were good. He also said that “citizens of Willington would appreciate having less than 24 hours/day lighting at FedEx.”
H. Old Business
1. File #2004-33 – Application to amend special permit and modify site development
plan to include patio at 15 River Road (Map 5, Lot 3). Owner/Applicant: Amy
Moore. (Received 10/5/04; Hearing/Decision 12/7/04.)
Yorgensen said the application has been withdrawn.
I. Minutes
Recording Clerk Nimerowski noted that the last minutes of P&Z should be dated October 19, not 12, as typed.
MOTION: To approve minutes of October 19 as amended.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
J. Correspondence
1. Letter dated October 21, 2004 from Amy Moore to Sue Yorgensen
re: Application for Patio at 15 River Road, Willington
2. Letter dated October 28, 2004 from M. E. Peterson, P.E. to IWC
re: 2004-30 Extension
3. Letter dated November 16, 2004 from Datum Engineering to Ralph Tulis, Chairman
re: Litwinczyk Estates Road Improvements
4. Emergency Incident Report dated October 23, 2004
re: 2004-07339
5. Emergency Incident Report dated November 10, 2004
re: 2004-07755
6. Emergency Incident Report dated November 11, 2004
re: 2004-07800
7. Emergency Incident Report dated November 17, 2004
re: 2004-07208
K. Staff Report and Discussion
Lighting at the Senior Center was discussed.
Yorgensen said that since January, 18 new houses have been approved. She expressed the need to have an economic development person on staff.
L. Adjournment
MOTION: To adjourn at 11:10 p.m.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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