TOWN OF WILLINGTON
PLANNING & ZONING COMMISSION MINUTES OF THE PUBLIC HEARING AND MEETING OF FEBRUARY 21, 2006
Public Hearings:
A. Call to Order
Chairman Latincsics called the Hearing to order at 7:30p.m.
B. Roll Call
Members Present: P. Latincsics, Chairman
M. Ellis, Vice Chairman
A. Marco, Secretary
P. Nevers
T. Murphy
N. Gray (full member to fill A. St. Louis vacancy)
Members Absent: D. Lytwyn
D. Ridzon (alt)
Also Present: S. Yorgensen, Planning & Zoning Agent
M. Benjamin, Recording Clerk
C. Seat Alternates: N/A
D. Public Hearings:
File 2005-36 – Application for 14 lot Subdivision on property at 22 Kucko Rd. [Map 42, Lot 8-1] Owner: Raymond Crossen; Applicant: R.F. Crossen Contr. (Received 11/15/05, Public Hearing 1/17/06, Decision by 3/21/06)
Mark Petersen, appearing for the applicant, discussed changes made to plans and passed them out. He addressed issues brought up in the memo by Yorgensen as follows: The proof of notification had been met; revisions to open space have been made; passive solar use has been discussed; signature lines on the plans have been added; CL&P information has been added; the PERC report and State Archaeologist report have been submitted; the drainage concerns for Lot 6 will be the responsibility for the buyer of lot 7 owner, who will be responsible for any drainage impact on Lot 6; keys and legends have been added; notes on drainage basins added; the stormwater detention structure on parcel A will have public access; alternatives to access roads will be presented; an Erosion and Sedimentation plan has been added; there will
be additional testing on the road; a waiver for the width of the road from the standard 26-foot wide to 22-foot wide roadis still requested.
Petersen believed he has addressed the concerns of town engineer Karl Acimovic which are as follows: the reconstruction of Kucko Rd, improvements to the roadway, modified public improvements; oversight issues for Wilderness Way and the drainage on Lots & and 8, and 6 and 7.
Petersen then presented alternatives for the access to abutting sites. Extensive grading would be added. The worst case would be a 20-foot excavation This would be costly, and cause drainage issues. Due to the distrurbance and cost, this plan does not make sense. The alternative would be to extend the cul-de-sac. Less grading and fill would be needed, but conservation easements would be reduced. Petersen’s is to stay with the original plan. In the new plans, open space is eliminated and would be reduced from 20% to 17%.
Open Space for this application was to be “Fee In Lieu Of”. In the January Public Hearing, there were proposed easements to the north and south. The Conservation wants a 250-foot wide corridor. If this is done, 4-6 building lots would be lost on this property, which seems excessive.
Peter Minuti, a landscape architect and a tenures professor at the University of Connecticut appearing on behalf of the applicant spoke of “Lands of Unique Value”. Minuti compared the plan of the Conservation Commission to a plan to set the open space in the northern and southern edges of the property. Minuti showed a USGS base map, which showed public roads and Rt 84. Minuti examined the 1400 acre area - where the parcel is located – and concluded that Rt 84 would be a barrier to migration. In the area are the Keen Brook and the Roaring Brook, and a series of high points. With Keen Brook acting as a spine, other projects can link into this spine in the future. Open Space in this land would be best to create corridors for people, rather then wildlife. Wildlife can still move through. It is best to
set the open space on the outside of the parcel of land rather than in the inside. The open space would be located on the edges with a connecting area. Minuti had looked over Willington’s criteria for open space, which include linkages to protected land, opportunities for passive recreation. Insofar as Keene Brook being a , there are not a lot of unique characteristics there. Other projects could be built on this Keene Brook spine.
Petersen then discussed road improvements. Lot lines can be changed, and there is 1 lot for the town. The full width of the road would mean that the frontage area would be 70
Feet short. Full width for Kucko, however, can be developed. The full width plus the length of the frontage would result in a 180 foor gap. This gap is based on a 26-foot wide road. Petersen believed the town would easily be able to get rights for the abutting land.
Yorgensen asked if this would be done by eminent domain. Petersen responded that this would simply be the town getting grading rights for the area. Petersen wants the road to be 22-feet wide. This will keep the road’s rural character, as it is a dirt road and is currently 16-feet wide.
Yorgensen asked what could be done using the south of Kucko going to the other side. Yorgensen cannot imagine the town will get rights to areas of Kucko. Yorgensen was concerned about the existing road. She wanted to know would happen with the 32-33 feet, as it might need an upgrade. Petersen said that the snow shelves might be minimized. The low side of the road could be 5feet, and the high side could be 12 feet. Ellis stated that, in essence, the road would be unchanged, Hellis added that shelves were needed. Petersen said that if the pavement widths were reduced as requested, this waiver would make a big difference in the road, as there would be less clearing required.
Latincsics suggested that Petersen, Acimovic and Yorgensen discuss these new items that have been introduced at this Public Hearing. Latincsics asked Petersen felt that his application was complete, and in compliance with town and other governmental rerquirements. All the information, including the open space should be given to the Conservation Commission. Latincsics added that he was concerned about the changes in the application.
The Board then was asked for their questions or comments on this application.
Ellis wanted to see the difference in keeping the existing line of the road. He also wanted to know that if the north and south portions for basins were removed, what percentage of land is being discussed. Ellis also wanted to know how much fill would be needed for the road to go to the south.
Petersen commented that the open space would consist of parcels A & B (the detention basins) would be 1.3 acres of 11 acres. The wetlands and area around A&B is regulated space. The fill to the south would be about 2 feet halfway down, and at the cul-de-sac would need 3 feet of fill. The filkl distance for 3 feet is 180 feet. There will also be fill on the east side.
Ellis commented that there was a large area to clear.
The attorney representing the applicant stated that the applicant’s preference is to not use either of the 2 alternatives presented at this meeting.
Murphy asked if tests to dig down and see what would need to be removed would be made (yes). Murphy also wanted to know if area B would be cleaned up, and wanted also to wanted to know where the access would be to area B.
Petersen replied that a gravel access drive goes around the water treatment area. He added that with the original road plan that the percentage of open space was 11.3 acres, and would be reduced to 8.5 acres, which is more than the required 15%.
Gray said that there is a ramp on the edge of the property that ramps up. Gray stated that this must have been paved at some point. The Roaring Brook could then be used for these connections about which the professor spoke.
Comments from the public:
Peter Anderson, the Chairman of the Conservation Commission stated that a comfortable wildlife corridor would be 250-300 feet wide. The concept of open space being used as corridors for people may be of questionable value, and that the proposed trail could upset landowners.
Ralph Tulis, a licensed professional engineer, wanted to know how much land is dedicated and how much is easements. Tulis pointed out that Keene Brook is not part of this application. Tulis added that extending the road to the south makes no sense; the road should go to the north or the west. The 20-24 foot cut to lot 8 is an important issue. Tulis was interested in wetlands and regulated area measurements.
Petersen replied that 3 acres – including the 2 basins – would be dedicated space, and that 8 acres would be a conservation easement.
Ellis asked about the proposed trails. This would require cutting down quite a bit of brush, and he questioned whether such trails would be maintained in future by homeowners.
The lawyer for the applicant stated that the proposed open space would result in reducing the number of lots that could be developed from the current 13 by 5 or 6 lots. He felt this was excessive. The research that Minuti performed was not casual. Minuti walked the trails. The lawyer also added that the commission does not have the power to move the road. He stated that Mr. Crossen does not need to improve the road or construct the pavement all the way to the end of the road. Crossen will either improve the base of the road or have the entire road paved, thus filling the 180 foot gap.
Gray asked how 5 or 6 lots could be lost. Gray stated that it appeared that lots 4 and 9 could possibly be lost, but that 12 lots should fit into this area.
Petersen expressed his doubts that this was possible.
Ellis stated that it looked possible to have 12 lots to him, just like it looked possible toi Gray.
Minuti stated that he could not support the propsed swath of open space for this property. Ellis stated that he understood that in the professor’s opinion, the swath of open space recommended by the Conservation Commission would have minimal impact on wildlife, and that the professor would prefer to see bipedial (human) recreation in the area.
Bob Cha, representing the applicant, wanted to explain the concept of fragmentation. There are islands where wildlife live, which are isolated. The idea is to not fragment all habitats as this is dangerous to wildlife.
Jim Poole of Spak Road asked if there had been any animal census taken on the property (no). Poole was also concerned that the piers for beacons on the property that were used in WW II would be disturbed. He felt they should be preserved for historical reasons.
Chairman Anderson of the Conservation Commission stated that the swath was not arbitrarily chosen. The area was selected to get to Roaring Brook.
Tulis pointed out that the number of lots to be developed on a property was not the PZC’s responsibility. He added that if the easements are for passive recreation, then they need to be pinned.
Ellis stated that Karl Acimovic, the town engineer had asked for testing of the driveway/road. Petersen said that testing would be performed. Yorgensen said that if a new road is invol,ved that a Clerk of the Works would be needed. Latincsics asked Petersen if Petersne felt the application was complete. Petersen stated he believed it was. Petesen gave additional maps to members of the commission.
Motion: To close the Public Hearing. By: Ellis Second: Gray. Result: Motion passed unanimously.
A short recesss was called from 9:30 – 9:36.
File 2005-42 – Application for a Special Permit for Plumbing, Heating and Radiant Flooring Services at property at 479 Tolland Turnpike [Map 21, Lot 20-01] Owner: John Schneider; Applicant: Richard Zulick (Received 12/6/05, Public Hearing 2/7/06, continued to 2-21, continued to 3/7/06)
File 2005-43 – Application for a Special Permit for a consulting soil scientist at property at 479 Tolland Turnpike [Map 21, Lot 20-01] Owner: John Schneider; Applicant: Wayne Cyr (Received 12/6/05, PH 2/7/06, continued to 2-21, continued to 3/7/06)
File 2006-06 Application for Special Permit for Day Care at 330 River Rd [Map 30, Lot 31-A, Zone DNC] Owner/Applicant: Daniel R. Cote (Received 1/17/06, Public Hearing 2/21/06, Decision by 4/18/06).
Due to a noticing problem, the Public Hearing has been continued to 3/7/06.
A. Call to Order
Acting Chairman Latincsics called the meeting to order at 9:37p.m.
B. Roll Call – as above
C. Seat Alternates: - as above
D. Regular Meeting:
Review and renewal consideration of the Wilderness Lake Campground special permit located at 150 Village Hill Road (Map 43, Lot 124). Owner: KMC, LLC.
The counsel representing the applicant stated that since 2001, the owner has complied with all DEP regulations. The dam is inspected every 60-90 days. Petersen noted that a dumpster has been built and that the offer of the land to the town has been removed from the plans for the camp. Yorgensen commented that an annual Health District approval was needed. Never said that the DEP should check the dam. He wanted the commission to do a site walk of the property. He also wanted to know how many dumpster loads are removed from the camp.
Motion: To conduct a site walk on 3/18/06 prior to further consideration of this application. By: Nevers Second: Ellis Result: Motion passes unanimously.
File 2006-10 – Application for Modification of Special Permit to replace the fuel island and install fuel island with canopy at FedEx 350 Ruby Rd [Map 42, Lot 48-1, Zone D1] Owner: FedEx; Applicant: Diamond Z Engineering, Inc. (Received 2/7/06, Public Hearing by 4/4/06)
No one was present to represent the applicant. Yorgensen said that updated plans have been received. No action.
File 2006-02 – Application for a 14-lot subdivision on Mihaliak Rd [Map 50, Lot3] Owner/Applicant: Mary C. Litwinczyk & Litwinczyk Children (Received 1/17/06, Public Hearing 3/7/06)
The Public Hearing will be on 3/7/06. No action.
File 2006-11 – Application for a Special Permit to operate a retail store on property at 15 River Rd [Map 5, Lot 3, Zone DC] Owner: Amy Moore; Applicant: Christopher Ferrone (Received 2/7/06; Public Hearing 4/4/06)
Public Hearing scheduled for 4/4/06. No action.
File 2006-12 – Application for Modification of Special Permit to modify floor plan at 479 Tolland Tpk [Map 21, Lot 20-1, Zone DC), Owner/Applicant: John Schneider (Received 2/21/06, Decision by 4/18/06)
No action taken.
E. Old Business
File 2005-36 – Application for 14 lot Subdivision on property at 22 Kucko Rd. [Map 42, Lot 8-1] Owner: Raymond Crossen; Applicant: R.F. Crossen Contr. (Received 11/15/05, Public Hearing 1/17/06, Decision by 3/21/06)
Public Hearing closed.
File 2006-08 – Application for a Special Permit and Site Development Plan for Phase II – Willington Senior Housing at 60 Old Farms Rd [Map 17, Lot 1, DER Zone] Owner: Town of Willington; Applicant: Michael Eldredge (Received 2/7/06, Public Hearing 2/7/06, Decision by 4/4/06)
Motion to approve the special permit and final site development plan with the following conditions:
· Recreation area, wells, drainage, setback line, table showing zoning requirements and proposals, i.e. parcel acreage and square footage, wetland area and square footage, building and pavement coverage, setbacks, structure height, density, etc. should be added to the overall boundary survey plan (page 1). Plans to be revised prior to the filing of Mylar’s and the issuance of the Special Permit.
· Active recreation areas such as a bocce court, golf hitting nets, croquet, horseshoe pits, and a covered pavilion for picnics, reading, exercise, cards and the like be constructed.
· Open space areas, passive and active recreation area shall be located on the plan (as required by Section 5.08.03.07, a minimum of 1,000 square feet per unit).
· Evidence of Water Supply approval must be submitted prior to the filing of Mylar’s and issuance of the Special Permit.
· Evidence of Sanitary Waste Disposal Plan Approval must be submitted prior to prior to the filing of Mylar’s and the issuance of the Special Permit.
· A sample of the restrictions that will be included in rental or sale agreements and deeds (meeting the minimum regulation requirements) to be reviewed and approved by Staff and/or the Commission prior to any activity on site.
· Text of proposed covenants and or restrictions (meeting the minimum requirements) must be submitted, to be reviewed and approved prior to the issuance of zoning or building permit.
· Lighting plan revised to include light spread along the access way and patio, to be reviewed and approved by staff and/or the Commission.
· Evidence showing that fixtures, wattage and light poles are the same as lighting approved within the previous phase.
· Parking and transportation areas revised to meet Town of Willington emergency vehicle requirements and a transportation point as required by Section 5.08.03.06 must be provided, and shall include a shelter from the proposed building. Plans to be revised accordingly, to be reviewed and approved by Staff and/or the Commission prior to the filing of Mylar’s and the issuance of the Special Permit (sketch attached).
· A note to that effect Erosion control matting should be installed in all areas of 3:1 slope or greater and in the areas affected should be added south and east of the septic disposal area. The note must be included in the erosion control notes on the detail sheet as well as a specification for the type (or equal to) of matting to be installed.
· Plans drawn by HAS shall be revised to coordinate with the site plans drawn by G&P (underground tank location)
· A review from the fire marshal indicating approval for the location and design of underground tank and transportation design submitted prior to the filing of Mylar’s and the issuance of the Special Permit.
· The Town should take into consideration that the location of the underground tank at the location proposed will limit the well production of the existing well if an increase of production is needed and approved in the future and consideration should be given to an alternate location (150 feet or greater from the well).
· A letter indicating that underground fuel tanks are within the HUD guidelines be submitted prior to the filing of Mylar’s and the special permit being issued.
· A note added that all required registrations are to be provided to the Town and that the tank be in compliance with all the latest DEP underground storage tank regulations.
· Pertinent details for the Contractors installation instructions should include specifications for not only the double wall tank, but also double wall or containment piping, overfill protection and monitoring equipment, as well as protocols for future maintenance by the Town.
· Town should make an effort to attempt LEED (Leadership in Energy and Environmental Design) Certification for the building.
· Technical revisions required by Commission and Staff/Town Engineer shall be incorporated in the revised plans to be reviewed and approved by Staff and the Town Engineer, prior to filing of Mylar and the issuance of the Special Permit (a meeting shall also be held between the town engineer, project engineer, project architect and staff to discuss drainage).
· Any changes in the approved plans must come before the Commission for review and approval.
· Updated as-built of parcel showing all improvements submitted prior to a co.
. By: Marco Second: Nevers. Result: Passed unanimously.
First Selectman Eldredge thanked the commission on behalf of the town.
F. Public Comment
None
G. Minutes
To approved with minor modifications. By: Nevers Second: Gray. Result: Motion passes unanimously.
H. Correspondence
1. One emergency incident report.
2. Complaint about Halcheck Pond at 150 Village Hill Road
3. Memo stating that Norm Gray is now a full member of the PZC.
4. Letter from the PZC in support of the Fenton River Greenway.
5. Planning and Zoning Report Fiscal Year 7/1/04 – 6/30/05 from Ralph Tulis.
I. Staff Report and Discussion
None.
J. Adjournment
MOTION: To adjourn at 10:45p.m. By: Nevers Second: Murphy
Result: Motion passes unanimously.
Respectfully Submitted,
Maura Benjamin
Recording Clerk
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