TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF JUNE 21, 2005
A. Call to Order
Chairman Ralph Tulis called the meeting to order at 7:42 p.m.
B. Roll Call
Members Present: R. Tulis, Chairman
P. Latincsics, Vice Chairman
M. Ellis, Secretary
N. Gray (alt.)
P. Nevers
D. Ridzon (alt.)
A. St. Louis
Members Excused: M. Dinallo
P. Nevers
Members Absent: D. Lytwyn
Also Present: G. Jones, Asst. Planning & Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
Gray was seated for Dinallo; Ridzon was seated for Nevers.
PUBLIC HEARINGS
1. 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, 5/3/05, continued to 6/7/05; 15-day extension requested and approved to 6/21/05;
Decision by 7/19/05.
Eric Peterson from Gardner and Peterson said that at the last meeting he had presented a revised and updated design in which we moved the proposed intersection to a location off Spak Road. The open space proposal was also modified. The new open space consists of an existing field of 3.9 acres, and also the NW 7.8 acres of land, 4.4 of which is non-wetland and non-detention- basin land. Mr. Peterson said they could make Lot 4 somewhat smaller, thus increasing the open space offering to 15%, with 3.3 acres of wetland also provided. He said they have received approval from Eastern Highlands Health District for this new configuration. He read from a letter dated June 20, 2005 from Joanna Schmidt.
Mr. Peterson addressed two items of concern to Mr. Acimovic.
He suggested that perhaps the Commission would like a combination of open space and “fee in lieu of.” Tulis spoke on the subject.
Concerning the road that would traverse the field, Tulis said that it would go to the property line and continue on. They need to be “a little creative” with the lot arrangement.
Tulis said the parcel is one of the largest and last parcels that offer reasonably dry access into interior land, land that may be developed at some time in the future. He said that the Commission needs to pay attention concerning it. He pointed out the topography of the land. He said a through road could be developed at a later date. There was discussion between Tulis and Mr. Peterson concerning a temporary cul-de-sac and about how a right of way could be maintained. Tulis said the Commission would want to take a second look at the site plans in a non-public-hearing format.
A number of alternatives and combinations of open space were discussed. Tulis said the northwest area combined with the wetlands may make a good area for wildlife.
The Highway Superintendent said she didn’t want to see grass islands in the middle of the cul-de-sac.
MOTION: To close the Public Hearing for File #2005-04 – Application for a 14-Lot
Subdivision on property at Lohse and Spak Roads.
By: Dinallo Seconded: Ellis
Result: Motion passes unanimously.
The Public Hearing for this application closed at 8:27 p.m.
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 by 5/17/05; Decision by 6/21/05.)
John Blessington said there were three major changes to the original proposal, and went over them. He thanked Sue Yorgensen for her work on this application, saying she had sent letters to other municipalities asking what their regulations were, and what their biggest problems were as well. He said only one town have a major problem – Columbia – with a manure pile right up against a property line. The rooster concern has been addressed.
Mr. Blessington mentioned the various ways that Connecticut towns address the issue of farm animals.
Ellis asked if Mr. Blessington had contacted the USDA concerning acreage for larger animals, and Mr. Blessington replied that he did, and will be having a meeting with a gentleman from Windham. In regard to required amounts of pasture, animals can be raised with hay and grain and therefore would need less space than if pastured.
Ellis expressed concern for a horse’s welfare if kept on a one-acre lot. Gale Kapios of 380 Tolland Turnpike replied, saying that horses can be transported to a riding area for exercising.
St. Louis passed out copies of the Hebron regulations concerning animals.
There was extended discussion amongst Commission members concerning details such as poultry vs. fowl, “for personal use or for youth projects,” “avocational” use, “animal unit,” approval and/or permits.
A variety of information was added to the file, including information from the town of Hebron and an e-mail from the State Dept. of Health to Yorgensen regarding wells and manure.
St. Louis said that septic and leach field areas and wells should be subtracted from acreage. Tulis added that hoofed animals shouldn’t be allowed over leach fields.
In response to a comment from the public, Mr. Blessington said that animals would have to be kept in a manner complaint to animal cruelty regulations. Tulis said that accessory buildings would have to meet existing regulations.
Jim Harvey of 32 Cowles Road asked about the setback for manure storages pits, and Blessington replied that the setback is currently 100 ft. but the proposed change would make it 50 ft. The regulations would stay at 100 ft. if 3 or more horses were kept. Mr. Harvey expressed concern over noise if animals were allowed on one-acre lots, as well as concerns over possibly lowered property values.
Christine Psathas of 17 Jared Sparks Road said she would like to see regulations left “as is” for large animals but changed for small animals. Lee Giguere of 10 Mason Road agreed, saying he didn’t want regulations to be “onerous.” Several other residents were of the same opinion. Other residents expressed opinions both in favor of and opposed to the proposed regulation change.
Tulis said the regulations could be made more restrictive or changed a bit, but the Commission is prohibited from making them less restrictive than what is proposed. He said that any watercourses will suffer from runoff from manure, as his pond did when he kept goats. He said proper manure management is essential to the keeping of any animal, including a dog. Blessington said he was afraid of getting into many pages of regulations. Tulis said that Best Management Practices should be followed.
There was brief discussion about the feasibility of allowing residents to graze their animals on open space land in town. Consensus was that it was not feasible for several reasons, including liability.
MOTION: To close the Public Hearing on File #2005-07 – Application for a regulation
change to Section 7.07 of the Town of Willington Zoning Regulations.
By: Ellis Seconded: Dinallo
Result: Motion passes unanimously.
REGULAR MEETING
The Regular Meeting commenced 9:41 p.m.
D. New Business
1. File #2005-16 – Application for a 5-lot subdivision on property at Mihaliak Road (Map 50,
Lot 3). Owners/Applicant: Mary C. Litwinczyk & Litwinczyk Children, LLD – c/o Ralph
Phillips, CPA; Engineering: DATUM Engineering. (Received 6/7/05; site walk 7/16/05 at
8:30 a.m., rain date 7/17/05; Public Hearing on 7/19/05; Decision by 9/20/05.)
A Public Hearing will be held on July 19, 2005.
2. File #2005-17 – Application for a Special permit for a rear lot on property at 212 River Road
(Map 19, Lot 25 & 25A). Owner/Applicant: Lynn Mackovich; Engineer: Gardner &
Peterson Assoc. (Received 6/7/05; site walk 7/16/05, immediately following site walk for
#2005-16, rain date 7/17/05; Public Hearing on 7/19/05; Decision by 9/20/05.)
A Public Hearing will be held on July 19, 2005.
3. File #2005-19 – Application for a regulation change to Section 11.22.01 to delete reference
to DCR zone in the Town of Willington Zoning Regulations. Requested by Planning and
Zoning Commission. (Received 6/21/05; Public Hearing 8/16/05; Decision by 10/18/05.)
A Public Hearing will be held on August 16, 2005.
E. Applications Received Post-Agenda Filing
None.
F. 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.
G. Old Business
1. 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.
Gray said he had listened to the Public Hearing tape and familiarized himself with information submitted at the hearing regarding this application.
Jones said that waivers have to be requested at the time of application. None were requested.
“Fee in lieu of” and regulations were discussed. The application was tabled until the next meeting, after written legal counsel is received.
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, 5/3/05, continued to 6/7/05; 15-day extension requested and approved to 6/21/05;
Decision by 7/19/05.
Tulis said that looking out for interior land parcels was the “wise thing to do.” He said he felt the applicant was offering a good mix of land, with some wetlands and some uplands. He urged Commission members to look at the subdivision regulations before the July 5 meeting, when this application will be further discussed.
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.)
Latincsics encouraged Commission members to consider carefully whether this application is consistent with the PoCD and feedback from the study circles. The definition of “rural character” was discussed briefly.
The application was discussed at length, but no decision was made. Tulis urged careful consideration.
I. Minutes
MOTION: To approve minutes of June 7, 2005.
By: Ellis Seconded: St. Louis
Result: Motion passes unanimously.
J. Correspondence
1. Package relating to request for regulation change by John Blessington
2. Letter dated June 9, 2005 from Pamela B. Katz, State of CT Siting Council, to Steven
Lievine, New Cingular Wireless
Re: EM-CING-164-050504
3. Letter dated June 14, 2005 from John Blessington to Ralph Tulis
re: Revised Proposed Changes to 7.07 for Public Hearing June 21, 2005.
4. Letter dated June 9, 2005 from W. David LeVasseur, Intergovernmental Policy Division,
State of CT Office of Policy and Management, to P&Z
Re: Conservation and Development Policies Plan for CT 2004-2009
5. Letter dated June 1, 2005 from Betsy Winsfield, Director, Bureau of Water Management,
Planning and Standards Division, State of CT DEP, to Chairperson, Aquifer Protection
Agency
Re: AP Area Program, Model Municipality Regulations
6. Letter from the State on aquifers requiring them to be put on the Zoning Map.
1. K. Staff Report and Discussion
Jones said that Yorgensen said the Truck Stop will have to have a modified special permit and site plan.
Tulis said that the PoCD is 99% available in one document, and should be finished sometime tomorrow.
Commission members thanked outgoing recording clerk Sue Nimerowski for her 3+ years of service.
L. Adjournment
MOTION: To adjourn at 10:45 p.m.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
________________________________________________________________________
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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