TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF APRIL 5, 2005
A. Call to Order
Chairman Ralph Tulis called the meeting to order at 7:36 p.m.
B. Roll Call
Members Present: R. Tulis, Chairman
P. Latincsics, Vice Chairman
M. Ellis, Secretary
M. Dinallo
N. Gray (alt.)
P. Nevers
D. Ridzon
A. St. Louis
Members Absent: D. Lytwyn
Also Present: S. Yorgensen, Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
Gray was seated for Lytwyn.
PUBLIC HEARINGS
1. File #2005-05 – Application for a Special Permit to construct a Municipal Library
on the corner of Rt. 320 and Rt. 74 (Map 23, Lot 7). Owner/Applicant: Town of
Willington. (Received 2/15/05, Site Walk 4/5/05, Public Hearing 4/5/05, Decision
By 6/7/05.)
Dale Cutler, Cutler & Kenyon, spoke, saying that the site, consisting of 4.2 acres, is located at the corner of Rt. 320 and 74. The heavily wooded site with many boulders slopes east to west, terminating in a wet area. The wetlands area, which showed up on the town wetlands map, was flagged December 2003. Another one also was found, and on April 2004 a soil scientist investigated this. He determined it was not a vernal pool, but rather a seasonal storm water discharge area.
Mr. Cutler said that Rt. 74 is a fairly high speed, high volume road; Rt. 320 is somewhat less so. There are good site lines in both directions of the proposed access.
Mr. Cutler said the original plans called for a building of approximately 13,000 sq. ft., but then it was found that it would not fit on the site as a one-story building. We came up with a 9,000 sq. ft., 2 story building, using both the upper and lower stories. The proposed building is 18,000 sq. ft, of which 5,000 sq. ft. is an unfinished basement. Because of the slopes, parking took on linear construction. P&Z wanted us to provide parking for 18,000 sq. ft. Regulations state that the pervious area be limited to 15% of the site; therefore, we propose paved parking for 23 cars and a gravel surface for 62 cars.
Mr. Cutler said that most of the parking is sloped 5%, with one small section sloped 8%. The surrounding slopes are generally 3:1. In July 2004 12 test pits were done for on-site septic, which revealed a lot of rock and not much dirt. An area was found in front of property near road that would be adequate. It will be a pumped system. There is basically 0% runoff on this site; therefore, we have developed a system involving plastic pipe 36” diameter, located under the gravel surface parking lot. We are trying to avoid more clearing and grading. Any sediment that gets in the system will go into catch basins that will be maintained. We are trying to keep sediment out of the detention system.
Mr. Cutler said that landscaping will consist of trees, shrubs, and perennials. He said they will be doing supplemental planting around east end of the wetlands area. The back area will be seeded with a soil stabilization mix. It will not be maintained as a lawn but will be mowed on an annual basis.
Mr. Cutler said they are using traditional shapes and forms for the building. Upper portion is brick; the lower portion is what we call “split face block.” The split face block is a cost-saving measure. We will have an alternative – if financially feasible, we will go with all-brick. The southern side of the building will have large windows. There will be smaller powered lights on the sidewalk than on the parking area, with wall lights on the entrance to the library. He said they have received reviews from Karl Acimovic and Sue Yorgensen, and have provided response with additional sketches. Latincsics suggested that the responses be read into the record:
Mr. Cutler said that concerning the comments received 3/3/05, they had a meeting with the fire marshal to discuss requirements. There is no sprinkler requirement. All survey work is being done by the town. If the Commission feels that we need additional pins on the north property line, we can do that. Regarding exterior materials – I have revised plans that show that. The lighting plan – we just passed that out. We prepared a plan that shows additional screening consisting of spruce trees in the area of concern.
Mr. Cutler gave out a copy of the planting plan to a concerned neighbor. Tulis asked about the use of blue junipers. Mr. Cutler said they are a variety that does well in this area and will grow 6-8 feet.
Mr. Cutler said that semi trucks will not be coming to the library during business hours. An area off the side of the road will accommodate them if they have to park. He said that dumpsters and screens are shown on the plans. The conflict between tree lines on the drawings “will be cleaned up.”
Mr. Cutler said that Karl Acimovic had a question concerning the detention system. The system is “the best we have.” Concerning the site line, the man who will review them is on vacation until Thursday. We will be able to enlarge the silt fence to accommodate Mr. Acimovic’s concerns.
St. Louis asked about signage, and Yorgensen said that they can apply later for their sign as part of their special exception. St. Louis suggested they might want some sort of “token sign” on Rt. 74.
Mr. Cutler said that due to high second growth, they will do clearing on the under story so the building will be seen.
St. Louis asked for elaboration on drainage, and Mr. Cutler replied that there will be 4 catch basins. All flow goes into detention system. Pipes under the parking area are 36 in. In a storm event, these pipes fill up with water and thus the detention.
Mr. Cavar said he had concerns about the driveway, saying that where his driveway connects with the proposed driveway is the same right of way.
Mr. Cutler replied that there will be a 10-12 ft. buffer between the driveways, although not at the road. He suggested that Mr. Cavar may want to contact the DOT concerned their submitted plan. Yorgensen explained that at the point where both come together, it is not on Mr. Cavar’s property but rather on the state property.
Mr. Cavar asked about the location of the septic system vs. his well, and Mr. Cutler replied that all of their septic system was with the library property.
Tulis asked if a driveway permit has been applied for, and Mr. Cutler replied not yet. Tulis asked about the projected lifetime of the building, and Mr. Cutler replied that the state asks us to project ahead 25 years. He said the unfinished basement space adds probably another 20 years. Tulis asked out the height on the pole-mounted lights, and Mr. Cutler replied 12 ft. altogether. Yorgensen asked for cut sheets for all the lights.
Tulis said that as a professional engineer, he had no problems with the detention chambers since they seem to function well. He said his biggest concern is that once the system is covered, maintenance is pretty much impossible. There was discussion about the maintenance of the drainage system. Mr. Cutler said it is designed with the assumption that all parking areas are paved and to withstand a 100-year storm event. Tulis asked about the consequence of it filling up completely, and Mr. Cutler said he didn’t know, but that the engineer would. Tulis said his concern is future maintenance by the town, or lack thereof. We want to see the system as foolproof as possible.
Marilyn Schreiber of 297 Daleville Road asked if Mr. Cutler was aware that Kousa Dogwood was prone to borers, and asked if they would consider a resistant variety of dogwood. Mr. Cutler said he would make a note of that.
Kathy Demers of 48 Mason Road suggested the alternative of Florida Dogwood. Mr. Cutler add that Serviceberry might be another alternative.
Bob Bloom of 164 Daleville Road asked out pedestrian access, and Mr. Cutler replied that neither of the roads has sidewalks.
Barbara Brom of Old Farms Road asked about handicapped access, the lack of sprinklers, trash receptacles at the corner of the lot, and whether the basement of the library would suffice as an emergency shelter. Mr. Cutler explained the location of handicapped parking spaces. He said the doors, which are wide, have automatic openers. There is an elevator. He said that not only are sprinklers not required by state codes, they could potentially damage books. He said the trash will be in a cedar fence enclosure. He said the basement would probably suffice as an emergency shelter, but there is no provision for an emergency generator. Apparently there is a national program to get emergency generators for towns.
Mr. Cutler asked the Commission to consider allowing all parking spaces to be paved, saying that IWC felt that would be all right. Yorgensen disagreed, saying that the IWC would want to see it again to review the plans. Mr. Cutler said a paved surface would be more sustainable on a long-term basis, and that intensity of use would not be increased. Tulis asked if a plastic grid system was considered, and Mr. Cutler said no, that that would not work well in high-traffic areas. Tulis said the Commission would consider Mr. Cutler’s request.
St. Louis asked if a level spreader were used, where would it be located. Karl Acimovic had raised the point. Mr. Cutler replied that he would have to ask the engineer. Tulis pointed out that the discharge from the state highway will go right across the paved channel. Mr. Cutler said he would look at the level spreader. Yorgensen asked if the engineer had come up with an estimate for a detention basin. Mr. Cutler replied that to create a detention basin near the wetlands would have more site impact. Yorgensen noted that if a system silts up, it is a big problem. The town doesn’t have the personnel or money for proper maintenance. Silt often goes into streams. She said a detention basin looks like a pond and doesn’t require the same level of
maintenance. Tulis said it may make sense to continue the public hearing and have the engineer present at that time.
John Blessington of 29 Mason Road said the Commission’s role is to approve or disapprove plans as submitted; “it is not your business to redefine the library at this date.” He said delays are expensive.
Yorgensen said her concerns were voiced the first time she saw the plan. She said there is a better alternative. Their design is expensive.
St. Louis said he would find out if Karl Acimovic commented on the system.
Tulis said the town has a very poor record of cleaning catch basins, and that Yorgensen has a valid point. He said that digging up the proposed system would be expensive.
Yorgensen said that it is a requirement of both the IWC and P&Z for the applicant to develop a maintenance program.
Mr. Cutler said he would get the neighbor’s house and well located on the survey.
Yorgensen said the town must approve the driveway before the DOT does.
MOTION: To close Public Hearing for File #2005-05, Application for a Special
Permit to construct a Municipal Library on the corner of Rt. 320 and
Rt. 74.
By: Ellis Seconded: Latincsics
Result: Motion passes unanimously.
2. File #205-04 – Application for a 14-Lot Subdivision on property at Lohse and Spak
Roads (Map 46, Lot 1). Owners: Carol Lynch, Robert Haney and MaryAnn McLees;
Applicant: D. W. Fish Builders, LLC. (Received 2/1/05, Site Walk 4/2/05, Rain Date
4/3/05 at 8:00 a.m., Public Hearing on 4/5/05, Decision by 6/7/05.)
Eric Peterson, Professional Engineer, Gardner and Peterson, spoke. He said they are seeking approval of a 14-lot subdivision on an existing 58-acre parcel zoned R80. Each lot has 4 acres on average. Mr. Peterson said they did notify the abutters, and gave the receipt cards to Yorgensen. The state archeologist’s office has been notified, said Mr. Peterson, and the card from him is in there as well. There will be a 1,400 ft. long road coming off Lohse Road. Thirteen of the 14 lots will be accessed that way. Every lot will be serviced by individual septics and wells. According to a memo from the EHHD, two lots must have minor changes. We have corrected that problem, and are not awaiting approval on them.
Mr. Peterson said that the Conservation Commission has requested that a fee be given instead of property.
Mr. Peterson said that Karl Acimovic has reviewed the site and sent them a couple of memos. The January 9, 2005 memo requested that the site distance be reevaluated for the driveway off Spak Road and the proposed Lohse Road intersection, which we complied with using the state standard. The maximum tree cut proposed is 3 feet in one area. Mr. Acimovic approved the storm water management system, taking water from the paved road and putting in the detention system. The water drains into two wetlands. We have 2-foot sumps in the catch basins. The flow will be reduced down to what exists today. The basin detentions will be adequate for 2-100 year storms. The area will be seeded.
Mr. Peterson said that concerning storm water quality, we have met the DEP standards. The basin should remove 80% of the solids. We have rip rap level spreaders for erosion. We do show an emergency spillway.
Mr. Peterson said he was in receipt of a memo from Yorgensen regarding the construction limits of the stone walls. She was concerned about the existing right of way for the land-locked parcel. The title work showed no right of way.
Mr. Peterson said that concerning S&E controls, a silt fence will be used, they will have stockpile areas, and anti-tracking pads will be used. The detention basin will be one of the first things to be constructed. The slopes of the basin will be maintained yearly, and the catch basins will be cleaned once a year.
Nevers asked how wide the pavement will be, and Mr. Peterson replied the standard 26 ft. Dinallo asked if there would be lighting at the end of the road, and Yorgensen said that is not normally required.
Mr. Peterson said they will be doing a “fee in lieu of” for the conservation easement, as well as providing a “little extra” conservation easement around the wetlands.
In answer to a question by St. Louis, Mr. Peterson said they will design the roads with curbing.
Tulis asked if thought had been given to an open space subdivision; if not, why not? Mr. Peterson replied that this design is more feasible. Tulis asked why their road would not connect to Lohse instead of Spak Road, and Mr. Peterson replied they connected it to Spak Road in order to have the minimum amount of pavement. Tulis asked why curbs and not sheet flows were considered, and Mr. Peterson replied that it was his preference; he wanted to correct and control the water flow. Tulis suggested it would be better to have sheet flow so the water would be disbursed over a wide area and “nature would deal with it.” He said he was not fond of curbs, unless they were roll-over curbs. Mr. Peterson said he would prefer to keep the plans “as is.”
Tulis asked Mr. Peterson if he had planned frontage improvements, and Mr. Peterson replied no. Tulis showed a photo of where the proposed road intersections with Lohse Road, saying the regulations require great site line distance. Tulis asked if Mr. Peterson was aware of the existing catch basin, and Mr. Peterson replied that he was not. Mr. Peterson said some sort of modification would have to be done.
Douglas Cigallo asked about the footing drains and the elevation of the houses and street. Mr. Peterson replied that for the most part the drainage systems will be 5 ft. down from the top of the road, with the housing roughly at grade. Tulis said he presumed that the systems are designed adequately.
Jim Poole of 96 Spak Road said he had a question on the southerly lot. He asked about the discharge of the footing drains. Mr. Peterson said they are taking it down slope and into the drainage system. The grade of the driveway is just under 10%. This was decided upon so a long paved driveway would not be necessary.
Peter Anderson of the Conservation Commission handed out copies of a letter sent to P&Z and IWC concerning the proposed space offering. He said there are many reasons it is not adequate, and that a “fee in lieu of” would be better. He suggested that “in the event that P&Z does not ask for a fee in lieu of open space, or if the subdivision developer does not accept a fee in lieu of proposal, the Conservation Commission recommends that proposed lots #2 and #14 be included as part of the open space and recreation requirement for this subdivision approval.”
Scott Wing of 68 Lohse Road said he was “very surprised” at the proposed entrance to the subdivision. He said that Lohse Road’s width is 19 ft., 6 in. at the culvert, and 3l ft., 8 in. at the south end. The north end measures 23 ft., 6 in. The narrowest point is 19 ft., 6 in. at the entrance. He voiced strong opposition to the proposed entrance location for safety reasons. He suggested the subdivision road should come out on Spak Road instead. He also said that many people have dug wells, and that consideration should be given to water flow. He said that for many years much of the area at the corner of Spak and Lohse roads was a corn field, and that nitrates, pesticides and herbicides should be checked. He said the parcels across the road have been
approved, but the driveways are not shown on this plan. This will add more possible site line problems. He suggested that owners of those properties don’t have a choice of where there driveways come out, but with the subdivision there is a choice.
St. Louis asked if there was anything on file from the road foreman, and Yorgensen said there was not.
Tulis asked Mr. Peterson is he thought the application was completely in compliance with both the zoning and subdivision regulations, and Mr. Peterson replied yes, with the exception of one pipe. When asked, Mr. Peterson said that since he hadn’t heard back from the state archeologist yet, he would prefer to keep the Public Hearing open. Tulis suggested that Mr. Peterson re-read the Chapter 8 subdivision regulations. St. Louis said he would like to keep the Public Hearing open to get a review from the road foreman concerning drainage, road width, and her opinion. Tulis said he would also like to see the road foreman’s comments on frontage improvements on Lohse Road. He said a complete application would have addressed frontage improvements.
St. Louis asked about the proposed style of houses, and the builder, Mr. Fish, replied most likely 2-3,000 sq. ft. colonials.
St. Louis said we will require tests that will include nitrate levels. We could require any and all tests before approval.
Yorgensen said that Mr. Acimovic did P&Z and IWC reviews “a long time ago” on this application.
MOTION: To continue Public Hearing on File #2005-04, application for a 14-
Lot Subdivision on property at Lohse and Spak Roads, to May 3, 2005.
By: Ellis Seconded: Dinallo
Result: Motion passes unanimously.
REGULAR MEETING
D. New Business
1. File #2005-11 – Application to acquire land pursuant to section 8-24 on Mason Road
(Map 1, Lot 9, 28+/- acres). Owner: Daniel Talmadge; Applicant: Town of
Willington. (Received 4/5/05, Public Hearing/Decision by 6/7/05.)
Ellis said that Mr. Talmadge has 50 acres of land, and has agreed to sell 28 acres that abut another property that will be conserve, for a total of 431 acres altogether in this area.
Tulis asked who will take care of it, and Kathy Demers of the Conservation Commission replied that they would. Nevers asked about the other 22 acres, and Mrs. Demers replied that the owner doesn’t want to sell the rest at this time. The price for the 28 acres is $125,000. Mrs. Demers said she has talked with UCONN and the CT DF&P to put a loop trail in to increase access to the river. She said she has talked with Mr. Knowlton, who owns a large parcel across the road, and that maybe they can get him to sell land as well. She said that increasing the town’s open space is part of the PoCD plans. The 28 acres are in the watershed area and close to an aquifer. She said the Board of Finance will discuss the possible acquisition on Thursday. They have given us the
money for appraisals. A grant from the state may be possible. There is a May 20 deadline for this. We are working to get approvals for the purchase before that time. P&Z approval would help the application.
St. Louis said he thought the acquisition would be “a great idea.” Tulis said “the price is right.” He said we have to give careful thought to finances; a grant would be good. He said he “heartily endorses” the purchase. St. Louis said it meets the criteria for open space and the use of contiguous acres. It is a valuable piece of property for open space.
MOTION: Pursuant to 8-24, the Planning and Zoning Commission recommends
that the Town acquire 28+/- acres on Mason Road for open space
conservation purposes. Said land is contiguous with other open space
in town and offers multiple values including forest preservation, wild-
life habitat, water supply protection, and passive recreation. The
acquisition is in compliance with the town’s Plan of Conservation and
development.
By: St. Louis Seconded: Ellis
Result: Motion passes unanimously.
2. File #2005-07 – Application for a regulation change to Section 7.07 of the Town of
Willington Zoning Regulations. Applicant: John Blessington. (Received 3/15/05,
Public Hearing on 5/3/05, Decision by 6/21/05.)
A Public Hearing on this application will be held May 3, 2005.
3. File #2005-10 – Application for a regulation change to Section 5.08.03.04, Table
5.03 of the Town of Willington Zoning Regulations. Applicant: Robert Campbell,
President of ACCESS Senior Housing of Willington, Inc. (Received 4/5/05, Public
Hearing/Decision by 6/7/05.)
MOTION: To set a Public Hearing for File #2005-10, Application for a regulation
Change to Section 5.08.03.04, Table 5.03 of the Town of Willington
Zoning Regulations, for May 17, 2005.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
4. File #2005-12 – Application for a 4-Lot Subdivision on property at 120 Willington
Hill Road (Vonasek Estates). Owner/Applicant: Irma Vonasek. (Received 4/5/05,
Public Hearing/Decision by 6/7/05.)
Ellis recused himself.
MOTION: To set a Public Hearing for File #2005-12, Application for a 4-Lot
Subdivision on property at 120 Willington Hill Road (Vonasek Estates)
for May 17, 2005.
By: St. Louis Seconded: Dinallo
Result: Motion passes unanimously.
5. Plan of Conservation and Development
Tulis said there was nothing to discuss on this.
E. Pre-Application – Wilderness Lake – G&P Presenting
Eric Peterson said they are proposing 5 new building lots, one off Village Hill Road. A total of 29 acres would be deeded to an abutter, with the town receiving approximately 15 acres which includes buildings presently there. The town would receive about 13 acres altogether. In the first plan, they are proposing that the town right of way follow an existing gravel driveway. The second plan is the same. Four rear lots are fronting on the right of way. He said they have to get some subdivision waivers and approval of variance from the ZBA. The regulations don’t allow for rear lots together.
Yorgensen said that common driveways are allowed by waivers. The ZBA would be for the variance for rear lots.
Mr. Peterson said he had included a letter spelling out the two scenarios. They have done some of the soil testing already, with more to be done. He said there is a well that serves the existing campground with 57 campsites. The homes will reduce the draw from that well.
Tulis said that Crossen will give us the property for our use in exchange for maintaining his dam for him and for these lots. There was brief discussion about zone change.
Tulis said the town should have ownership of the entire lake if it takes over maintenance of the dam, so that none of those parcels would have water rights. Tulis asked if water quality reports had been filed, and Yorgensen replied no. She said the DEP was out there recently to check for dam safety.
Tulis said there are problems, including filling in two set areas. He asked what Crossen would do with the adjacent land, and Mr. Peterson replied that Mr. Crossen has approval to build his house, and now his house would be part of a subdivision. Tulis said that most large parcels we have are internal parcels. He suggested that we look at “the whole picture.” He said it was a “stupid place to put a road.” He said we need to keep the wildlife corridors in mind as well. St. Louis said we should give the right of way to Crossen; Tulis disagreed. The question of liability was discussed. Tulis said he would like to have our attorney’s opinion as well. St. Louis said he would like to have this piece of property for the town. Yorgensen said
that a common driveway makes sense.
There was discussion about the poor condition of the dam.
Tulis said the edge of the water should not be used for a boundary.
Yorgensen said it would be a “wonderful asset for the town.” She suggested that Commission members take a look at it.
Tulis said he would like to see a composite of the assessor’s map.
St. Louis suggested that the subdivision “stand on its own.”
Yorgensen said that information on the dam could be obtained from the DEP.
Yorgensen said there should be an inspection of the camp facilities before the renewal of the special permit in May.
St. Louis said it would be good to have a site walk with members of the Recreation and the Conservation Commission. Tulis said we should wait until Mr. Peterson takes our comments back to Ray Crossen.
F. Applications Received Post-Agenda Filing – None.
G. Public Comment – None.
Due to the late hour, the following Agenda items were tabled: File #2005-05 under “Old Business,” Minutes, Correspondence, and Staff Report/Discussion.
H. Adjournment
MOTION: To adjourn at 11:13 p.m.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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