Town of Willington, CT - PZC Meeting Minutes 9-20-2005

PZC Meeting Minutes 9-20-2005

TOWN OF WILLINGTON

PLANNING AND ZONING COMMISSION

MINUTES OF THE MEETING OF SEPTEMBER 20, 2005

Public Hearing:

A. Call to Order

Chairman Ralph Tulis called the meeting to order at 7:30p.m.

B. Roll Call

Members Present: R. Tulis, Chairman

P. Latincsics, Vice Chairman

M. Dinallo

P. Nevers

N. Gray (alt)

Members Absent: D. Lytwyn

M. Ellis, Secretary

A St. Louis

D. Ridzon (alt)

Also Present: G. Jones, Assistant Planning & Zoning Agent

M. Benjamin, Recording Clerk

C. Seat Alternates: Gray seated for Lytwyn.

D. 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 on 7/19/05; Decision by 9/20/05)

Chairman Tulis opened the public hearing. According to Mr. Jones, the applicant has requested a 30-day extension for this application.

Motion: To close the public hearing for PZC2005-17and grant a 30-day extension to applicant and continue the hearing on 10/18/05.

By: DiNallo Second: Nevers

Result: Motion passes unanimously.

File PZC#2005-28 (A Reapplication for File PZC#2005-16 [Withdrawn 9/2/05 due to noticing problem]; Application for a 5 lot subdivision on property on Mihaliak Road. [Map 50, Lot 3]. Owners/Applicants: Mary C. Litwinczyk & Litwinczyk Children, LLC – c/o Ralph Phillips, CPA. Engineer: Datum Engineering.

Mr. Ed Pelletier explained that the public hearing scheduled earlier had to be delayed due to a noticing problem. This has been cleared up. Mr. Pelletier handed Mr. Jones all of the post office forms confirming that all abutters had been notified

This land fronts on Mihaliak Road Road #1 and Mihaliak Road # 2. Lot 1 is 61.6 acres, and lots 2-5 more than meet the 80,000 square feet standard. 5.53 acres are dedicated to Open Space, and the Conservation easements include a 1.2 acre re-sedimentation area, 3.81 acres where vernal pools are located and a pond with uplands comprising an area of 6.3 acres. In total, there are 16.9 acres of Open Space and Conservation, much more than the 11.7 required. The Health Department and IWW have approved the plans for the septic and well systems. This application has been reviewed by staff and by the town engineer.

Chairman Tulis asked if there were any questions from commission members. There were none. He then asked the public for comment. Peter Anderson, Chairman of the town’s Conservation Commission said that the commission had sent correspondence to the PZC about this application on 5/2/05 and 8/19/05. He reiterated the commission’s preference for the lot, formerly known as 10 and now as 9 on the plans, as being the area most beneficial to Willington. There would be access to the state forest and it is located just south of the vernal pools, which should be protected. In response to Chairman Tulis’ question on stewardship, Mr. Anderson stated that Willington should maintain stewardship. Mr. Gray commented that the vernal pools are currently in an easement, and that he had found them to be unique and interesting, and was concerned that there would be no public access to the pools.

Mr. Pelletier stated that the lands chosen for easement did border the state forest, and that he wants a buffer between this property and the abutting properties. He added that this application had been greatly modified after he had received all the input from the town.

Chairman Tulis confirmed that the free cut was to be in the southwest corner of the property. Chairman Tulis also brought up his concern that the lots will face the highway, and added that a loop road could be added to change this.

Mr. Pelletier stated that the way the regulations work, there were really only 2 ways to set up the lots. The alternative plan had steep road grades. He added that all the driveways had excellent sight lines. Mr. DiNallo asked about the possible sound barrier issue, and was informed by Mr. Jones that the town of Willington would not be required to add barriers.

Chairman Tulis assured the applicant and meeting attendees that all input would be taken into account in this decision. Chairman Tulis believed that the conservation easement could be possibly worded in such a way that public access would be possible. The general rule is “no build, no activity”, but this case might be an exception.

Chairman Tulis asked Mr. Pelletier if he believed that the application was complete and in compliance with all of the sections of the town’s zoning requirements and applicable laws. Mr. Pelletier stated that he believed this application was complete and did comply.

Motion: To close the public hearing for application PZC2005-28.

By: Nevers Second: DiNallo

Result: Passed unanimously.

Regular Meeting

A. Call to Order

Chairman Tulis called the Regular Meeting of the Willington Planning and Zoning Commission to order at 9:05pm.

B. Roll Call – as recorded for Public Hearing

C. Seat Alternates – as recorded for Public Hearing

D. New Business

Plan of Conservation and Development: There will be a PoCD hearing on October 4, 2005. It was agreed that a press release would be issued. It decided that the old town hall would be a better venue for the meeting. Mr. Jones will ensure that the town hall is available, and will send out the notices to the papers for this public hearing with the location.

File PZC#2005-31 – Application for a Special Permit to change permitted use from “retail trade” to “office” in a designated commercial zone on property at 8 Tolland Turnpike [Map 30, Lot 11, DC Zone]. Owner: Warren and Carol Ledger; Applicant: Vector Mortgage Services, Inc. (Received 9/20/05; Public Hearing/Decision by 11/15/05).

Mike Bonanno, an attorney representing Vector Mortgage appeared. Vector Mortgage is a company currently located in Tolland that wants to relocate to Willington. There will be few clients visiting, and few land changes will be needed. A nice sign, minimal grading and the removal of a garage - to be replaced with a lawn - on the property are planned. This property had been a crafts store and faces the Track 9 Diner. Mr. Bonanno met with Ms. Yorgenson who felt the maps that he supplied to her, and the maps he supplied to the commission were sufficient.

Chairman Tulis stated that this property, based on its history, is linked to Track 9. The septic and well systems are shared. The building had originally been an office, and it was then zoned for retail. The back parking for Track 9 and this property is shared as well according to Chairman Tulis. Chairman Tulis asked Mr. Jones is a Public Hearing were required for a special permit, and was told by Mr. Jones that a public hearing would be required. According to town counsel, the special permit requirement could be waived by the commission were the new deemed a similar use. Mr. DiNallo asked when this property was last used as an office, and was told that this was sometime in the ‘80’s. Chairman Tulis stated that due to the linkage with the other property, that there should be a public hearing.

Motion: To hold a Public Hearing for application 2005-31 on 10/18/05.

By: Latinccics Second: DiNallo

Result: The motion passed by unanimous vote.

E. Applications Receiving Post-Application Filing

None

F. Public Comment

None

G. Old 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; Site Walk 8/28/05 by Tulis, Gray and Ellis; Hearing on 9/6/05; Decision by 10/18/05).

Mr. Jones passed out draft motion to members for this application. After discussion, the following actions were taken:

Motion: To deny the parcel history waiver as it does not meet the criteria of Chapter X..

By: Tulis Seconded: Gray

Result: Motion for Waiver denial approved unanimously.

Motion: To deny the A-2 survey waiver as it does not meet the criteria of Chaper X.

By: Gray Seconded: Nevers

Vote: In favor: Tulis, DiNallo, Nevers, Gray

Opposed: Latincsics

Result: Motion for waiver denial approved.

Motion: To approve the Frontage Improvements along 1700 of Daleville Road waiver.

By: Tulis Seconded: Nevers

Result: Motion passed unanimously; waiver granted.

Motion: To approve File 2005-20, 1 Lot Subdivision with the following modifications:

1. Any Right-Of-Way improvements required by the Town Engineer related to the proposed driveway are to be installed.

2. Plans to be revised as follows:

1. Titled Block to Read: Resubdivision of Richard P. and Joan P. Leblond.

2. Acreage and square footage shown.

3. A-2 survey of the entire parcel boundary.

4. Parcel History map shall be included in the set of maps.

5. Signature block for both IWWC and PZC be added (expiration date 5 years from approval).

6. Portion of the stone wall requiring removal for driveway cut be relocated inward, and note be shown on plans.

By: Tulis Seconded: Nevers

Result: Motion passes unanimously.

Continued until 10/18/05.

Chairman Tulis commented that the PZC needed Conservation Commission input on this application ASAP. A better hierarchy of subdivision requirements is needed, and a specific request for n easement on the westerly edge where the vernal pools are located is needed.

Mr. Jones stated that the open space and conservation easements offered do not need to be accepted by the commission. The commssion can select the land. There are other issues with this application. The road itself will need to be widened and improved to fulfill frontage requirements. On the plans, there is a stream on the corner of Mihaliak Roads 1&2 which must be preserved. Waivers would be needed. These waivers were not requested by the applicant. The application is not complete. The wetlands don’t meet Open Space requirements.

All members of the commission were given copies of Mr. Jones’ review of the application. It was agreed that the open space explanation would need to be very clear should this application not be approved. Chairman Tulis asked Mr. Jones to speak with Ms. Yorgenson about this matter, and to get advice about the open space and street issues. This input was also needed ASAP.

H. Minutes

Corrections were made to the minutes of the meeting of 9/06/05. All corrections will be made.

MOTION: To approve minutes for the 9/06/05 meeting with changes requested.

By: Nevers Seconded: Latincsics

Result: Motion passes unanimously.

I. Correspondence

None.

J. Staff Report and Discussion

According to Mr. Jones, permits are being issued for Clover Springs.

K. Adjournment

MOTION: To adjourn at 9:45 p.m.

By: Nevers Seconded: Latincsics

Result: Motion passes unanimously.

Respectfully Submitted,

Maura Benjamin

Recording Clerk