TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING OF JULY 5, 2005
A. Call to Order
Chairman Ralph Tulis called the meeting to order at 7:40 p.m.
B. Roll Call
Members Present: R. Tulis, Chairman
P. Latincsics, Vice Chairman
M. Ellis, Secretary
A. St. Louis
M. Dinallo
N. Gray (alt)
D. Ridzon (alt)
Members Excused: None
Members Absent: P. Nevers
D. Lytwyn
Also Present: S. Yorgensen, Planning - Zoning Agent
M. Benjamin, Recording Clerk
C. Seat Alternates: Gray was seated for Nevers; Rizdon was seated for Lytwyn
D. New Business
Chairman Tulis reminded all members that site walks were scheduled on 7/16 at 8:30am for PZC2005-16 (Application for a 5 lot subdivision on the property at Mihalik Rd. [Map 50, Lot 3] by Mary C. Litwinczyk & Liwinczyk Children, LLC) and immediately following the walk-through for PZC2005-16, a site walk for PZC2005-17 (Application for a Special Permit for a rear lot on property at 212 River Road [Map 19, Lots 25 and 25A] by Lynn Mackovich.
E. Public Comment
Jim Poole of Spak Road asked if the permit for Wilderness Lake Campground had been renewed. Tulis stated that all the conditions that had been added, and that the permit had been renewed. The Quit Claim Deed was also mentioned. Yorgensen added that the water test had been received.
F. Applications Receiving Post-Application Filing
None.
G. Old Business
1. File 2005-12 – Application for a 4-Lot Subdivision on a property at 120 Willington Hill Road (Vonasek Estates). Owner/Applicant: Irma Vonasek; Engineer: Datum Engineering (Received 4/5/05, Site Walk 5/9/05 at 6:30 p.m., Public Hearing closed on 6/7/05; Decision by 7/19/05).
Ellis recused himself. Tulis stated that if all Open Space issues had been satisfactorily met, then members should vote to approve of this application. Latincsics wanted to hear attorney input on the “in lieu of” issue that had been discussed in the previous meeting. St, Louis stated that this had not been presented in this matter. Yorgensen stated that the Commission needed to determine if the open space contained in the application was consistent with the Town’s conservation plan and the portion offered as open space is adequate and acceptable , the “in lieu of” could not be required unless this were offered in the application, which it had not been.
Grey said that the application either: does not meet the plan or it contains open
space that is desired, or different open space is desired. St. Louis added that this needed to meet Willington’s standard. A lengthy discussion then followed regarding conservation easements, the conservation of wetlands and what should be considered wetlands. Grey stated that an applicant needed to propose, justify and address open space in their application.
Latincsics asked where this was stated. Al stated that if the applicant’s intent was to offer “proper” open space, then the requirement would be met. Latincsics was of the opinion that if the land offered met the need, that was fine, but if it did not, then the “in lieu of “fee should be an option for the Committee. It was noted that the Conservation Commission had not given any feedback on this application, which made this matter more difficult to decide.
The most recent maps for the application were reviewed. Tulis stated that the Town Engineer’s review of 6/7/05 caused revisions to the applicant’s plans. Conservation easements, wetlands designations or both can be granted. Yorgensen commented that Open Space is still a work in progress for Willington.
The members looked through the application and relevant zoning guidelines. The easement was for 2.58 acres; Grey noted that it was not in a wetlands area. St. Louis noted that the smallest lot was 2.3 acres. Dinallo noted that the easement straddles 2 lots. Grey wondered if “fee in lieu of” were possible”. Dinallo stated that this could not be done as there was no “fee in lieu of” option in the application.
Tulis stated that he was satisfied with the Open Space, and added that the stone walls must be preserved. Latincsics suggested that the area around the pond could be an Open Space buffer. Tulis disagreed, stating that there was no other practical open space to be offered in the area covered by this application. The question of the value of pond was discussed at length with no definitive conclusion. Tulis stated that this was a good example of why there was such a need for the Commission to have a workshop to learn how best to convey the town’s desires.
As no information of which the applicant was unaware could be used for commission discussions, the modifications for approval were then discussed and agreed-upon as follows:
1. Stone wall along the road to be preserved. Where driveways are to be located, walls shall be relocated (winged inward toward the lot, along the outside of the drive access).
2. Accepting Open Space offered – Conservation easement of 2.58 acres of a 13.69 acre parcel.
MOTION: To approve Application PZC2005-04 with the above-listed modifications.
By: St. Louis Second: Tulis
Result: Motion passes unanimously.
The Commission then took a break from 8:40 – 8:49 p.m...
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 Hanley and MaryAnn McLees; Applicant: D.W. Fish Builders, LLC; Engineer: Gardner & Peterson Associates (Received 2/1/05, Site Walk 120 Willington Hill Road (Vonasek Estates). Owner/Applicant: Irma Vonasek; Engineer: Datum Engineering (Received 4/5/05, Site Walk 5/9/05 at 6:30 p.m., Public Hearing closed on 6/7/05; Decision by 7/19/05).
Tulis noted that Latincsics and Rizdon had missed a hearing and had not listened to the tapes, and recommended that they abstain from voting on this application.
The revised application the commission was reviewing revealed that, based on recommendations by the commission, that there were many alterations. The most troubling alteration was the change from a 14-lot to a 15-lot subdivision. The commission could reject this application outright because of this change.
Latincsics commented that the changes to the lot configurations were done in good faith, due to the concerns raised about the location of the drainage and the easement through the large piece of the property.
Many suggestions were made about which lots to combine, but it was decided that the applicant should make that decision. After much discussion, it was decided that the applicant would be required to change the number of lots back to 14, as a 15-lot application simply could not be approved. The final plans for a 14-lot subdivision would be submitted to the commission for review prior to sign-off. Should the applicant wish to have 15 lots on the parcel of land, it would need to apply for another subdivision.
Based on these discussions, Ellis stated that the application needed the following modifications:
1. 14 lots are approved – two existing lots need to be merged as directed and approved by the Town engineer. .
2. A reserve strip, to be owned by the Town, as in a location, directed and approved by the town engineer, from the cul-de-sac to the adjacent property shall be added.
3. The open space consisting of wetland along Spak shall be incorporated into the lots and the Conservation Easement expanded to include the area.
4. The drainage basin will be town-owned and a “right to drain” in the direction of the wetland shall be included.
5. The Open Space along Lohse Rd. is accepted.
6. The drainage easement on Lot 11 shall appear on all plans existing and in the future where lot 11 appear and shall be included in the deed.
7. Stone walls are to be preserved, any to be removed for road or driveway access shall be relocated inward along the road right-of way or driveway access as the case may be.
8. Plans to be revised to include any technical modifications required by staff or the town engineer.
9. The amount of bonds for public improvements is to be reviewed and approved by staff and the town engineer.
10. A clerk of the works will be hired.
MOTION: To approve Application PZC2005-04 with the above-listed modifications.
By: Tulis Second: Ellis
Result: Motion passes unanimously; Rizdon abstaining.
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 on 5/3/05, Continued to 6/21/05, Decision by 8/16/05).
After a lengthy discussion regarding acreage issues for assorted livestock, fowl and other animals, it was decided to table the discussion until the meeting of 7/19/05. Many issues were raised about the appropriate amount of land for horses, cows, assorted fowl, goats, sheep and rabbits. The commission members expressed many concerns about changing the regulation, and if it was to be changed, how could it best be changed for the benefit of the town and its residents.
Many concerns about the presence of animals on property were raised, to include: odor, possible groundwater contamination issues, flies, waste and noise.
Yorgensen stated that zoning would not be responsible for any health or noise issues that might arise. This regulation can be made more restrictive if the commission feels that this is appropriate. The issue of the rural character of Willington was raised by Latincsics.
The fact that having the ability to purchase animals for a certain-sized property does not mean that people will do so was pointed out by Ellis. Tulis commented about how certain animals (such as chickens) would need different land allocation and positioning on a parcel of land.
It was decided that this discussion would be tabled, and carried over to the meeting on 7/19/05.
H. Minutes
MOTION: To approve minutes, as amended by Dinallo.
By: Ellis Seconded: Dinallo.
Result: Motion passes unanimously.
I. Correspondence
1. Article in the Connecticut Law Tribune, dated 6/6/05, regarding statutory time limits in application approval or disapproval.
2. A copy of a letter from the Willington First Selectmen hiring Maura Benjamin as the Recording Clerk for the Willington Planning and Zoning Commission and Inland/Wetlands Commission as of 7/5/05.
J. Staff Report and Discussion
Tulis stated that the PoCD needs to be added to the agenda for the next meeting.
Benjamin introduced herself as the recording clerk for the commission and stated that she looked forward to working with them.
K. Adjournment
MOTION: To adjourn at 10:40 p.m.
By: Ellis Seconded: Dinallo
Result: Motion passes unanimously.
Respectfully Submitted,
Maura Benjamin
Recording Clerk
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