TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING OF JULY 19, 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
M. Ellis, Secretary
M. Dinallo
P. Nevers
N. Gray (alt)
D. Ridzon (alt)
Members Excused: A. St. Louis
Members Absent: P. Latincsics, Vice Chairman
D. Lytwyn
Also Present: G. Jones, Assistant, Planning & Zoning Agent
M. Benjamin, Recording Clerk
C. Seat Alternates: Gray seated for Lytwyn; Rizdon seated for St. Louis
D. Public Hearing:
File PZC#2005-16 – Application for a 5 Lot Subdivision on property on Mihaliak Rd. [Map 50, Lot 3]. Owner/Applicants: Mary C. Litwinczyk & Litwinczyk Children, LLC care of Ralph Phillips, CPA; Engineer: Datum Engineering (Received 6/7/05; site walk 7/16/05 at 8:30 a.m.; Public Hearing on 7/19/06; Decision by 9/20/05)
Ed Pelletier of Datum Engineering presented Phase I of this two-phased application. The total area of the subdivision is 9.27 acres for the five proposed lots. The entire site is approximately 75 acres.
Currently, soils testing is being conducted, so only Phase I was being discussed. The phases were planned so that after the first lots were sold, the proceeds would finance road improvements that would be required in Phase II.
Mr. Pelletier told of the detailed plans for the five lots. Sized between 1.84 and 1.86 acres with 200 – or better - feet of frontage per lot; the lots meet the 80,000 square foot area requirement. A grass sway runner would cause water to run off to the road without puddles. The Inland Water and Wetlands Committee had approved the water quality basins planned. He described the onsite septic systems, and details of pipes, drainage and lot elevations. There had been no comments about these plans. In response to a question by Chairman Tulis, he stated that the archaeologist had approved both phases.
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Open Space will be dedicated in Phase II. When told by Chairman Tulis that the members would be more comfortable with the open space for the project to be given in Phase I, rather than piecemeal. All members have to evaluate is Phase I, so any future plans for open space, easements and the like were irrelevant to the commission at this time.
Kathy DeMeers spoke of the Conservation Commission’s desire to have passive recreation open space at the border of the state forest. Bob White spoke of his concerns about building homes so close to I-84 and to the travel stop. There have been 21 rollovers since it opened, and there have not been any fatalities there, according to Chairman Tulis.
Mr. White was also concerned about the possible future request for noise barriers [which would be extremely costly, and for which the state would not pay] and the additional accesses to the roadway.
Mr. Pelletier said that there had been no objections to roadway access, and that he had met all town regulations, and had met with town professionals.
Vice Chairman Latincsics arrived at 8:23 p.m. and was seated.
After a lengthy discussion, which included the topics of: the location and timing of the Parcel A free cut, the fact that a 6-lot subdivision rather than the 5-lot subdivision applied for was being presented [due to carving 5 lots out, but the original lot remains], the desires of the Conservation Commission for the open space location as described by Kathy DeMeers and the amount of open space to be conveyed, Chairman Tulis asked Mr. Jones for his professional opinion.
Mr. Jones stated that, among other things, drainage and hydraulic plans must be submitted. He also confirmed with Mr. Pelletier and Phillips that Parcel A was legal.
Chairman Tulis warned the applicants that the zoning rules in Willington may change significantly in the near future. Mr. Phillips and Pelletier stated their willingness to combine the plans for both phases in an application.
MOTION: To carry over the Public Hearing for Application PZC2005-16 to 8/16/05.
By: Ellis Second: Nevers
Result: Motion passes unanimously.
The committee took a break from 8:53 p.m. to 8:58 p.m.
Regular Meeting:
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
M. Dinallo
P. Nevers
N. Gray (alt)
D. Ridzon (alt)
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Members Excused: A. St. Louis
Members Absent: D. Lytwyn
Also Present: G. Jones, Assistant, Planning & Zoning Agent
M. Benjamin, Recording Clerk
C. Seat Alternates: Gray seated for Lytwyn; Rizdon seated for St. Louis
D. New Business
File PZC#2005-17 – Application for a Special Permit for a rear lot on a 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 immediately following site walk for PZC 2005-16; Public Hearing scheduled for 7/19/05; Hearing moved to 8/16/05; 10 day extension submitted an approved; Decision by 10/4/05).
This hearing was moved to 8/16/05 as re-notification by the applicant is needed.
File PZC#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 & Zoning Commission (Received 6/20/05; Public Hearing 8/16/05; Decision by 10/18/05).
File PZC#2005-20 – Application for 1 lot subdivision on property at Daleville and Marco Roads [Map 7, Lot 5-A3) Owners/Applicants: Robert & Patricia Elliot (Received 7/19/05; Hearing/Decision by 9/20/05).
This public hearing date is 9/6/05. Site walk August 27th at 9:00 AM, rain date August 28th.
PoCD – Vice Chairman Latincsics and Mr. Gray asked for the most recent drafts of the Plan of Conservation Development (PoCD). The entire Commission needs a copy. The earliest date that this could be calendared is 9/20/05.
Chairman Tulis outlined the steps required for moving the PoCD along. First, the final draft is to be submitted to the town’s legislative body and to the Regional Planning Agency for comments, the minimum time for this is 65 days prior to PZC’ s Public Hearing. The legislative body may hold Public meetings on this as well. After PZC’s Hearing the Commission can adopt the PoCD as is or amend it. Once this is done, the adopted PoCD will be sent back to the town’s legislative body for it’s approval at Town Meeting. If the Town approves it LOCIP funds may be used to cover costs incurred.
MOTION: To schedule a Public Hearing for the PoCD on 10/4/05.
By: Ellis Second: Latincsics.
Result: Motion passes unanimously.
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Mr. Poole of Spak Road requested a copy of the document to review it. It was decided that a “frozen document” [the latest version] would be posted on the website to replace the outdated version that has been posted.
MOTION: To have a member of the PZC attend the Selectman’s meeting to set a hearing date, to issue a press release and to have the latest version of the PoCD on the website and paper copies to be given to the Board of Selectment and Town Clerk.
By: Tulis Second: Gray.
Result: Motion passes unanimously.
E. Applications Receiving Post-Application Filing
None
F. Public Comment
None
G. Old Business
File PZC#2005-16 – Application for a 5 Lot Subdivision on property on Mihaliak Rd. [Map 50, Lot 3]. Owner/Applicants: Mary C. Litwinczyk & Litwinczyk Children, LLC care of Ralph Phillips, CPA; Engineer: Datum Engineering (Received 6/7/05; site walk 7/16/05 at 8:30 a.m.; Public Hearing on 7/19/06; Decision by 9/20/05)
MOTION: To carry over the Public Hearing for Application PZC2005-16 to 9/6/05.
By: Ellis Second: Latincsics
Result: Motion passes unanimously.
File PZC#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).
Mr. Gray expressed his desire for consistency is measurements (that is to say that either all measurements should be in acres or square feet). The type and number of animals allowable on various-sized properties was discussed by commission members. It was suggested that cows be added to the horses section; it was also pointed out that this decision cannot be more liberal than what was contained in the public notice.
Mr. Jones pointed out that to liberalize the amount of animals permitted would result in a conflict with current regulations in the R-80 zone, for example.
Chairman Tulis suggested that this application be dismissed without prejudice, as other sections need work to avoid inherent conflicts with regulations.
Vice Chairman Latinsics stated that he was comfortable with these inherent conflicts. Mr. Gray wanted to ensure that all i’s were dotted and t’s crossed. Secretary Ellis suggested
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that verbiage could be added to the proposed change to regulations to clarify certain matters.
Chairman Tulis emphatically stated that these regulations absolutely could not be modified in a way that would liberalize and cause conflicts with the current regulations for animals.
There was further discussion, and many members agreed that proceeding cautiously was the most prudent course. If no problems emerged, these regulations could be made less restrictive at a later date.
Mr. Dinallo commented that this matter was split, as the decision on large animals had not been made. Mr. Nevers expressed his concern about the possible addition of sheep or goats on a 2-acre property with a horse already.
MOTION: To adopt the new regulation as submitted in modified form.
By: Latincsics Second: Dinallo
Result: Motion is withdrawn (see below).
Mr. Jones stated that the commission could not legally pass a less restrictive set of regulations. Mr. Ellis expressed his misgivings about passing the modified – more liberal – proposal. Mr. Jones stated that the original petition to agencies and the town clerk could be acted on, or a more restrictive regulation could be approved. Making this less restrictive simply was not an option for the commission.
MOTION: To withdraw the prior motion.
By: Latincsics Second: Dinallo
Result: Motion is withdrawn.
Chairman Tulis then outlined changes that needed to be added to the regulation, based on concerns of the commission. The word “or” would be need to be added for the definition of animal units to make it clear that 6 chickens were an animal unit, etc.
These were the modifications recommended by Chairman Tulis:
1. That Section 7.04.03 be changed to reflect a distance of 50 feet.
2. That Section 7.03 be changed to add the word “horse”
3. That Section 7.07.04 include “or equines” and applies only to 3+ horses
4. That Section 7.07.03 has the period moved after the word “shelter”.
5. That Section 7.07.04.01 retain the first sentence, but all other sentences be struck.
6. That Section 7.07.04.03 be renumbered to 7.07.04.02; that 7.07.04.04 be renumbered to 7.07.04.03; that Section 7.07.04.05 be renumbered to Section 7.07.04.04; that Section 7.07.04.06 be renumbered to Section 7.07.04.05; that Section 7.07.04.07 be renumbered to Section 7.07.04.06; that Section 7.07.04.08 be renumbered to Section 7.07.04.07
7. That Section 7.07.04.05 include the verbiage “stall or other space shall be provided for shelters”.
8. That Section 7.07.03 becomes Section 7.07.04 in the regulation book Mr. Jones has.
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9. That Section 7.07.04.01 be struck.
10. That the Section numbers be changed as follows: 7.07.04.02 becomes 7.07.04.01; Section 7.07.04.03 becomes Section 7.07.04.02 with a text change of to 50 ft which follows the phrase “equines or bovines”; Section 7.07.04.04 becomes Section 7.07.04.03; Section 7.07.04.05 becomes Section 7.07.04.04; Section 7.07.04.06 becomes Section 7.07.04..05 with the verbiage “100 foot domestic water supply well setback” added; Section 7.07.04.07 becomes Section 7.07.04.06.
11. That the existing 7.07.04 become Section 7.07.05.
MOTION: To adopt the above-noted changes in the regulations.
By: Tulis Second: Ellis
Result: Motion is passed unanimously.
MOTION: To adopt the new regulation with the above-noted changes in numbering and verbiage. Effective October 1, 2005.
By: Latincsics Second: Dinallo
Vote: Ayes: Tulis, Litincsics, Dinallo, Nevers, Gray, Rizdon.
Nays: Ellis.
Result: Motion is passed.
H. Minutes
MOTION: To review/approve minutes for the 7/5/05 meeting on 8/16/05.
By: Ellis Seconded: Dinallo.
Result: Motion passes unanimously.
I. Correspondence
None.
J. Staff Report and Discussion
Mr. Jones stated that he would speak with Ms. Yorgenson about getting the most current PocD on the website.
K. Adjournment
MOTION: To adjourn at 11:20 p.m.
By: Nevers Seconded: Ellis Result: Motion passes unanimously.
Respectfully Submitted,
Maura Benjamin
Recording Clerk
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