TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF MAY 17, 2005
A. Call to Order
Chairman Ralph 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. Lytwyn (arrived 8:55 p.m.)
P. Nevers
A. St. Louis
Members Excused: N. Gray (alt.)
Members Absent: D. Ridzon (alt.)
Also Present: S. Nimerowski, Recording Clerk
C. Seat Alternates – None.
PUBLIC HEARINGS
1. 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, Pres. of
Access Senior Housing of Willington, Inc. (Received 4/5/05, Public Hearing on 5/17/05,
Decision by 6/21/2005.)
Mr. Campbell said they are requesting a change in the size requirement from 600 to 525 sq. ft. The change is only for HUD 202, not for any other senior housing. He introduced Dave Berto, their consultant from Housing Enterprises. Mr. Berto said that HUD funding is limited to one-bedroom elderly units no more than 540 sq. ft. He said they are requesting a zoning change from 600 sq. ft. to 525 ft. (rather than 540 sq. ft.) so they could have some flexibility with the architect. He handed out copies of Section 202, Supportive Housing for the Elderly, Directive #4571.3.
Tulis said a regulation change would apply to all elderly housing.
Mr. Berto suggested that since elderly housing is allowed by special permit, each instance could be treated separately. He said the HUD 202 housing is highly subsidized. The typical, market-size demand for a one-bedroom apartment would be 600-700 sq. ft. He said that even though the HUD 202 housing units are small, there are always waiting lists.
St. Louis asked if verbiage was proposed, and Mr. Berto replied no, just the change in the table. He noted that some communities allow smaller housing for non-profit elderly housing.
Latincsics asked what percentage of the total housing will be small units, and Mr. Berto replied that these 32 units will be small and the 24 cottages will be larger. He recommended that an asterisk be put on the chart, with “non-profit subsidized elderly housing” denoted.
Jim Poole, 96 Back Road, asked about fire safety for small units. Mr. Campbell replied that all building designs are done according to current code requirements. He said the entire building will have sprinklers. He said there will be a lot of common space in the development, and storage outside of the unit.
MOTION: To close the 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.
By: St. Louis Seconded: Nevers
Result: Motion passes unanimously.
2. 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 on
May 17, 2005, Decision by 6/21/05.)
Ellis recused himself from this application.
Ed Pelletier of DATUM Engineering spoke. The parcel, consisting of 13.69 acres altogether, is located on Rt. 320. They want to divide it into 4 front lots consisting of 2.3-6.13 acres each. He said that Lot #1 is somewhat different from the others. He said there is a sight line problem with the route. Three new building lots will have on-site septic and wells. Plans have been submitted to the EHHD. Mr. Pelletier submitted a letter for the files from the state archeologist, who had reviewed the site and said there are no significant sites on this parcel.
Mr. Pelletier said they are proposing a 2.58 acre conservation easement which encompasses the pond and the area around it. The dam is owned by the state. He said the state is supposed to remove the beaver dam again. Mr. Pelletier gave Mr. Tulis a copy of the conservation easement letter.
St. Louis asked what will happen when the pond is dissected by a lot line, and Mr. Pelletier said the pond landowners have access to it. The pond is a maximum 15 ft. deep.
Dinallo asked about the sight line for the driveway for Lot 2; Mr. Pelletier showed the plans and explained. Mr. Pelletier said that Willington regulations for sight lines are stricter than those of the state. Tulis commented on the speed of traffic, which is greater than the 35 m.p.h. Tulis said it is an awkward driveway at best.
Mr. Pelletier said that open space is up the Commission. He showed a proposed conservation easement for IWC. He said the road is in pretty good shape, considering it is a dirt road.
Tulis said that Appendix 4 of the regulations gives various scenarios for frontage improvements. Mr. Pelletier said that if the Commission directs him to give a “fee in lieu of,” then he will have to go back to IWC. He said they want an easement over that area. Tulis asked what Mr. Pelletier had as a net conservation easement, and Mr. Pelletier replied that he didn’t have much. Mr. Pelletier asked how the cash amount was figured, and Tulis replied the subdivision regulations speak to it. Tulis read from the regulations. He said that 10% of the fair market value of the land without the house, 15% of the usable land, is usually required. Tulis said that 15% of the usable land is not always useful to the town. The wetlands are naturally protected and
are not necessarily valid open space.
Tom Ernst of 11 Old S. Willington Road, an abutter, voiced some concerns about proximity to his property as well as impact on the wetlands. He wanted to know if there will be changes such as widening or paving done on Old South Willington Road, and Mr. Pelletier replied that the road will remain dirt, and there is no proposed lighting. He said it is ¼ mile from the first driveway to Mr. Ernst’s property.
Martha Laurinitics and her husband wanted to know how the subdivision would affect their property. He said that beavers raise the water level about 6 inches. Mr. Laurinitics said their curtain drain is now underwater. Mr. Pelletier replied that there may be a slight increase. The pond acts as a detention pond. Mr. Laurinitics said that even a small increase would be detrimental. He said that adding 4 houses would definitely impact his property.
Tulis said that one lots has an existing house, and there will be 3 other houses. He said that houses may not be built closer than 70 ft. from the property line without going back to IWC.
Mr. Pelletier said the house layouts are presently “generic” and that final plans will have to be submitted to EHHD, etc. to determine the actual location of the houses.
In response to a voiced concern by Mrs. Laurinitics, Tulis said the impervious area created with the subdivision is “very small,” and that beavers create many more problems.
Mr. Laurinitics asked if plot plans are public knowledge and can be reviewed, and St. Louis replied that the public may pay a fee to get copies from the Land Use office. Tulis said that IWC has approved the application. He said what has to be considered tonight is how the application relates to the subdivision and zoning regulations.
There was a brief discussion on “fee in lieu of” vs. land for open space, and combinations thereof.
Mr. Pelletier requested that the Public Hearing be continued.
MOTION: To continue the Public Hearing on File #2005-12 – Application for a 4-Lot
Subdivision on property at 120 Willington Hill Road-- to June 7, 2005.
By: St. Louis Seconded: Nevers
Result: Motion passes unanimously.
Commission members took a break at 8:50. When they reconvened for the Regular Meeting at 8:55, Lytwyn joined them.
REGULAR MEETING
1. Approval of final plans submitted by Kenyon & Cutler for the Municipal Library at the corner
of Routes 320 (Ruby Road) and 74 Tolland Tnpk. Owner: Town of Willington
Tulis said there were some issues with lighting and some other unanswered questions as well. No one was present to speak.
MOTION: To table “Approval of final plans submitted by Kenyon & Cutler for the
Municipal Library.”
By: Latincsics Seconded: Ellis
Result: Motion passes unanimously.
2. File #2005-04 – 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, Public Hearing
4/5/05, continued to 5/3/05.)
Continued to June 7, 2005.
3. 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 by 5/17/05; Decision by 6/21/05.)
This application has been continued to June 21, 2005.
4. Renewal of Special Permit for Wilderness Lake Campground. Owner: KMC, LLC – Ray
Crossen.
Mr. Crossen said an appointment with the EHHD is scheduled for May 20. The state certificate hasn’t expired. He gave copies of state inspection reports going back to December 2004. He said that one violation that existed has been fixed. There is no water in the general store, so the inspectors did not enter.
Concerning pond and potable water testing, Mr. Crossen said the next testing of the pond water will be May 24. He said he has never had any problem with the potable water, just with the iron content. The water has recently been tested.
Tulis asked about the campsite near the dam, and Mr. Crossen said it had been moved.
Concerning the barn structure, Mr. Crossen said the property line has been moved 110 ft. so the structure is no longer an issue. Tulis asked about the zone boundary, and Mr. Crossen replied that it is not affected. He said he had not quick-claimed the property yet. Tulis said we need to get input. He indicated that we could require water testing “above and beyond” what the state requires.
Mr. Crossen became agitated, saying he had been cooperative, and left the meeting.
There was discussion about under what conditions the campground should be allowed to open. Tulis gave a copy of the special conditions dated March 2004 to Latincsics. The special permit is annually renewable on April 1. Tulis said the renewal letter was sent out April 20 (certified mail, returned receipt requested). It was not claimed, but rather returned to us. Prior to that, a letter was sent out on April 11. On April 22, a letter was sent to Mr. Crossen from Tulis.
Although Mr. Crossen received a late renewal reminder, Tulis pointed out that he also did not show up at the May 3 meeting.
There was discussion about special permits, how specific the renewal notices should be, etc.
Tulis said that although the potable water at the campground was tested May 12, 2005, the pond water was not. Ellis, looking at the special permit conditions in the March 2, 2004 minutes, said he couldn’t find water testing mentioned. Tulis said that clarification is needed on this.
Tulis said that concerning the quality of the pond water, there has been a problem with fecal pollution in the past. There may be some upstream issues.
Tulis said that he was concerned about the zoning consequences of moving the boundary line. This reduces the zone size, although it does still comply.
There was discussion about the need for consistency in all matters.
Tulis went over the options the Commission had with this special permit. He said we have need of legal opinion concerning the moving of the boundary line, and that the quick-claim has to be filed.
MOTION: To approve Special Permit for the Wilderness Lake Campground with conditions: The pond must be posted with "No Swimming" signs until such time that the CT Health Dept does their public beach water testing (usually just before Memorial Day) and satisfactory results are submitted to the Town. ~The existing violation relating to the barn be rectified as Mr. Crossen has suggested by merging a portion of land with the KMC, LLC property to the Southeast.~ The renewal will become effective upon confirmation that the quit-claim deed has been filed in
the Willington Land Records.~ All previous conditions remain.
~~
By: Tulis Seconded: Ellis
Result: Motion passes unanimously.
Tulis said there might be an issue with moving the zone line without having a public hearing.
Extended discussion.
E. Pre-Applications – None
F. Applications Received Post-Agenda Filing – None
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. -- No one was present to speak.
H. Old Business
1. 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, Pres. of Access
Senior Housing of Willington, Inc. (Received 4/5/05, Public Hearing on 5/17/05; Decision by
7/19/05.)
The public hearing was closed tonight. Tulis said he would rather leave the table “as is” and add a footnote.
MOTION: To approve File #2005-10, Application for a regulation change to Section
5.08.03.04, Table 5.03 of the Town of Willington Zoning Regulations, to allow 525 sq. ft. as the minimum livable floor area for a one-bedroom unit, as a footnote to Table 5.03 For one bedroom units in affordable housing developments only, as defined in Conn. Gen.
Stats. Section 8-30g (a). Effective July 1, 2005.
By: Ellis Seconded: Nevers
Discussion about why the table itself should not be changed.
Result: Motion passes unanimously.
2. 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 on
May 17, 2005, Decision by 6/21/05.)
Continued to June 7, 2005.
I. Minutes
Minutes of April 29, 2005 were tabled.
J. Correspondence
Correspondence was tabled.
K. Staff Report and Discussion -- None
L. Adjournment
MOTION: To adjourn at 10:18 p.m.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
________________________________________________________________________
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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