TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING OF AUGUST 16, 2005
Call to Order
Chairman Ralph Tulis called the public hearing to order at 7:40 p.m.
Roll Call:
Present, Ralph Tulis, Chair Matt Ellis, Secretary, Phil Nevers, Al St. Louis, Matt Dinnello and Norm Gray, alternate.
Absent: Peter Latincyik, Vice-Chairman, Dave Lytwin and Dave Rizdon, alternate
Seat Alternates: Gray seated for Lytwyn
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, second site walk of entire property on 8/6/05. Members present for this were: Tulis, St Louis and Gray. Public Hearing on 7/19/06; Decision by 9/20/05)
Ed Pelletier of Datum Engineering stated that additional materials had been submitted on Aug 9, 2005 for this application, to include: a letter on with drainage calculations and a letter from the archaeologist attesting that there were no areas of historical importance on the site. Cost estimates were also submitted.
He began by answering some questions that had come up in the last hearing, namely, the concerns about where the open space should be located both by the PZC and the Conservation Commission – two of whose members were on the walk of the entire property on 8/16. Based on the comments, the location of the open space area has been changed: a) Frontage from 152 to 173 feet, b) easement moved to include the path that, c) access to open space bordering state forest added. Now, 16.9 acres have been earmarked for open space or as conservation easements for the 75.8 acre site. Much of the open space is now located in wetlands, and areas surrounding them, some being part of a conservation easement. The two vernal pools are protected.
The entire site is approximately 75 acres. Soil testing was still being conducted at the prior meeting, so only Phase I was discussed.
Mr. Pelletier had checked the town’s development plan, which was written in 1980, and found that a goal was to maintain the character of single-family homes on 2-acre lots, keeping in mind the soil on the lot, and in protecting natural resources. He believes this application meets that guidance.
He then spoke of the open space subdivision requirement, which requires a special permit. Frontage of 150 feet is required. This application meets that and the lots are larger than 2 acres. He added that areas of natural value should be conserved, and that this plan does conserve the vernal pools and areas of value. The topography also needed to be considered, mainly as a matter of the slope of the land and that when this development had been planned all this had been taken into account so this concern has been addressed. Areas of historical significance or vistas also needed to be preserved, but as there are no areas of historical significance or vistas, this concern does not apply to this application.
If averaged out, the lots will be 3.8 acres per house. The cul-de-sac will be built once the second phase of this subdivision has been approved. Fifteen lots are approved, as the soil test results have come in. More plans will be submitted for that area at a later date.
Chairman Tulis asked for staff comment. There was none.
Chairman Tulis clarified that this development would begin with building homes on 4 lots in this phase, and then after lot 1 was subdivided in the next phase that there would be 16 lots for a total of 20 lots.
Secretary Ellis asked if the drainage issues were Mr. Pelletier stated that the calculations for all 20 lots were done prior to the planning of the development.
Mr. Nevins confirmed the frontage changing from 152 feet to nearly 174 feet.
Mr. Gray asked if there would be public access to the conservation easements. Mr. Pelletier expressed his concern about the vernal pools. Vice Chairman Latincsics stated that this would have been trespassing before, and as this area would remain private property that it would still be that. He also confirmed that 15 lots would be on the cul-de-sac, and the remaining 5 lots would have street frontage.
Chairman Tulis asked the public for comments.
Mr. Bob White asked if there were a setback from open water and was told by Mr. Pelletier that 100 foot setbacks were in place. He also expressed his concern that residents might insist on sound barriers due to noise from I-84, and added that the cost would be $1 million according to officials in Massachusetts and Connecticut. He also stated that having all of the proposed properties on the cul-de-sac would be safer, as people often speed on the main road.
Mr. Peter Anderson from the Conservation Commission spoke of the easement concerns as well as open space concerns. He stated that wetlands do not have to be accepted as open space, and that he would prefer an “in lieu of” option to be considered with a fee simple acquisition as the preference. He stated that what will now be Lot 9 should be considered for open space as it would extend the state forest, and the vernal pools located there are valuable educational resources. He would prefer that the easement proposed for the back of lots 10 and 11 be moved. He added that residents would have access to the woods should the highway noise bother them.
Mr. Pelletier, in response to these comments stated that the noise and the speeding were both existing conditions, and that if need be, the town could put in speed bumps on Mihalik Road. As far as the open space issue, this application gives more than is required, and 50% of the proposed open space and easements are in uplands. The town would have control of the wetlands open space, and some of the space granted adds to the state forest area.
Mr. St Louis expressed some concerns about what exactly the commission was to approve. Chairman Tulis pointed out that 5 lots for this subdivision were to be approved, rejected or modified and that then there would be another subdivision. The character of the next phase could change, but all of the open space for this entire piece of property was part of the current application.
Chairman Tulis asked Mr. Pelletier if he believed that the application was complete and complies with all of the sections of the town’s zoning requirements. Mr. Pelletier stated that he believed this application was complete and did comply. Tulis pointed out that even if the hearing was closed the engineers review and staff review for the Commission would be forthcoming. Mr. Pellitier said he had no problem with that.
Plans from the August 9, 2005 packet were passed out to members.
Being no further comments from the public, public comment was closed.
Public Hearing:
File PZC#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 6/7/2005; site walk 7/16/05 at immediately following site walk for PZC 2005-16, rain date 7/17/05; Public Hearing scheduled for 7/19/05, Hearing moved to 8/16/05; 10 day extension submitted and approved; Decision by 10/4/05)
Mr. Mark Peterson was present for the applicant, and said that this was a request to create a rear lot from this property. Chairman Tulis stated that he did not care for the lot shape, even understanding the topographical challenges involved. Mr. Peterson told him that the applicant had approached Mr. Tom, their neighbor, to purchase land from him but that there was no interest.
Chairman Tulis recommended that the driveway should be as far south on the property as possible. Mr. Ellis asked what the site line was like at the driveway and was told by Mr. Peterson that it was at a very flat section of the road, and that the owner would likely want it paved, rather than stone.
The rear lot width was then discussed at length. The width needs to be 200 feet in the back as well as the front from the house, and there were concerns about where a house would be located that would not be in wetlands, yet still meet this requirement.
Chairman Tulis then asked for public comment.
Ms. Kristen Black, whose property abuts the proposed subdivision expressed her many concerns about adding another property lot to the area. Were there a well or septic above her property, all would flow south to her property. She had never been approached about selling her property. In fact, her understanding was that no further development could occur on this land. She objected to the location of the driveway, which was about 10 feet away from her driveway.
Mr. Peterson commented that he had soil testing, and the septic would be 150 feet from the wetlands.
Ms. Gail Potter, who owns a property to the south of the proposed subdivision told the commission that there is a stream that runs through her property and that the water flow is less now that another property has been built there. She was concerned about the effect this would have on the water table.
Mr. Peterson said that a silt plan had been made, and that the wooded area on the lot could act as a buffer. The frontages for these lots are 90 and 110 feet, but variances had been approved for this.
Chairman Tulis wanted to know if the DOT would review this proposal, and was informed by Ms. Yorgensen that she could contact them for their input by phone.
After discussion, it was decided that the hearing would be continued, pending input from the DOT and a memo from the township engineer about the site.
MOTION: To continue the Public Hearing for Application PZC2005-17 to 9/20/05.
By: Ellis Second: Dinallo
Result: Motion passes unanimously.
The committee took a break from 9:10 p.m. to 9:15 p.m.
File #PZC2005-19 – Application for a regulation change to Section 11.22.01 to delete reference to DNC zone in the Town of Willington Zoning Regulations. Requested by Planning & Zoning Commission. (Received 6/21/05; Public Hearing 8/16/05; Decision by 10/18/05)
Chairman Tulis stated that this was a correction of a typo discovered in the town regulations, and that simply the initials “DNC” needed to be removed from Section 11.22.01, as a daycare center was not a residential use.
TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING OF AUGUST 16, 2005
Regular Meeting:
A. Call to Order
Chairman Ralph Tulis called the meeting to order at 9:23p.m.
B. Roll Call
Members Present: R. Tulis, Chairman
M. Ellis, Secretary
A. St. Louis
M. Dinallo
P. Nevers
N. Gray (alt)
Members Absent: P. Latincsics, Vice Chairman
D. Lytwyn
D. Ridzon (alt)
Also Present: S. Yorgensen, Planning & Zoning Agent
C. Seat Alternates: Gray seated for Lytwyn.
D. New Business
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 A.M., rain date August 28th.
File PZC#2005-22 – Application for a Special Logging Permit for a rear lot on a property at bordering Jared Sparks Road [Map 32, Lot 5B] Owner/Applicant: ?? (Received 8/16/05; Decision by 10/18/05).
This application is to cut out approximately 160 cords of firewood from the property and to move them offsite. The trees were described as “poor” and are being removed from the property to allow the other trees to grow. Applications had been given to Gary Jones for the IWW.
All the owners of abutting property were notified after the trees were marked for removal.
The applicant stated that, ideally, the work would start immediately because of his concerns for the wet season, and that he would like to be able to work 7 a. m. to 5 p.m. on all days, weather permitting.
Chairman Tulis reminded the applicant that driveway permits would be needed for all the places where the logs would be removed.
Ms. Yorgensen was assured that after the work was complete that bridges would be removed. The exposed soil would be seed, or other erosion control measures would be taken on the property after the work was completed. The work could be suspended over the winter, to be completed in the spring if need be, and would last about 2 months.
There would be one person working the property, and [the forester] would visit the site frequently the first week and then weekly thereafter to oversee the work being performed. He projected that 1 load per day would be removed from the site once the work was underway.
Mr. Ellis wanted to know the route the trucks would be taking, and was told that they would come out onto Moose Meadow Road.
Chairman Tulis said that as this was a long job that a bond would be needed to ensure the work was completed, and that the hours of operation would be determined by the commission.
MOTION: To approve the special logging permit with the hours of operation to be from 7 a.m. to 5 p.m. Monday through Friday, 8 a.m. to 4 p.m. on Saturday, and that no cutting be performed on Sunday but loads could be loaded on and removed on Sunday after all driveway permits were obtained and a bond received by the town for this work.
By: Ellis Second: St. Louis
Result: Motion passes unanimously.
File PZC#2005-26 – Application for a Sign Permit at 60 Old Farms Road. Received 8/16/05; Decision by 10/18/05).
Chairman Tulis wanted to know if light were going to be part of the sign and was told that no lights would be added to the ones existing on the driveway where the sign would be located.
Ms. Yorgensen stated that all signs needed to meet the town regulations
The applicant stated that the sign measured 26 by 38 inches and that it would resemble a real estate sign. He brought it in for the commission to see. It is a temporary sign to show where Senior Housing will be built and where the Senior Center is located.
There was no further discussion.
MOTION: To approve the temporary sign in conjunction with the special permit.
By: Ellis Second: Dinallo
Result: Motion passes unanimously.
Request for the Commission to deem Parcel #1 of Subdivision of property of Joseph & Marie Cellmer Sr of Tract I West of Latham Road as a building lot. Owner: Raymond Cellmer.
Ms. Yorgensen explained that the PZC is the only entity that can approve a building lot, and that this request to approve stems from a 1978 subdivision. At that time 3 lots were approved for building, and one lot was not approved for building. There were test hole problems, but this has been resolved. Now, the sanitarian has approved the lot.
MOTION: To approve parcel one of Subdivision of property of Joseph & Marie Cellmer Sr a building lot.
By: Ellis Second: Nevers
Result: Motion passes unanimously.
File #PZC2005-19 – Application for a regulation change to Section 11.22.01
MOTION: To approve the deletion of reference to the DNC zone from Section 11.22.01 in the Town of Willington Zoning Regulations.
By: Ellis Second: St. Louis
Result: Motion passes unanimously.
New Business
E. Applications Receiving Post-Application Filing
None
F. Public Comment
Mr. Fish asked that the application now has a permanent cul-de-sac at the town engineer’s recommendation. He also was informed that the Mylar needs to be submitted by October 5, 2005 for the subdivision approved at the 7/5/05 meeting.
Mr. White asked about the Scenic Road Ordinance and was informed by Ms. Yorgensen that this would be a Selectman’s ordinance. Mr. White has petitions for two roads.
G. Old Business
The hearing on October 4, 2005 for the PoCD has been scheduled, and that the input received will be the most critical for the document. There is notification on the website. Chairman Tulis asked if a link from the Homepage might be possible.
The PoCD will then go to Town Meeting where it will hopefully be approved by the legislative body.
Mr. Bob White wanted to know how much the study of land use has cost the town, and was told that over four years it had cost about $70,000.the use of space open space
H. Minutes
Mr. Ellis asked that the minutes for 7/5/05 should be changed to reflect that his intent with regard to the subdivision for the Fish development was that Fish’s engineer – not the town engineer – makes the decision of how to subdivide the lots.
After a discussion by members about the minutes in general, specific changes were made to the minutes of the meetings of July 5th and July 19th, 2005. The minutes for these meetings will be amended
MOTION: To approve minutes for the 7/5/05 and 7/19/05 meetings with changes requested.
By: Nevers Seconded: Gray.
Result: Mr. St. Louis abstained. All others in favor.
Motion passes.
I. Correspondence
J. Staff Report and Discussion
Ms. Yorgensen explained the background of the town engineer’s recommendations for the Fish subdivision. She also stated she used to write draft motions before approval by the commission, because then everything was in writing. The subdivision activity has been high lately, and subdivisions used to always have draft resolutions.
She also discussed litigation at the truck stop
K. Adjournment
MOTION: To adjourn at 11:10 p.m.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
Respectfully Submitted,
Maura Benjamin
Recording Clerk
| 
