Planning and Zoning Commission
40 Old Farms Road ~~~Willington, CT ~06279
May 1, 2007- 7:30 P.M.
Minutes
Present:
Matthew Ellis-Chairman
Ralph Tulis- Vice-chair
Andy Marco- Secretary
Norman Gray
Phil Nevers- arrived at 7:32 PM
Absent:
Thomas Murphy- excused
Peter Latincsics
Also Present:
Susan Yorgensen-Planning- Zoning Agent
Mark Branse- Land Use Attorney
Melissa McDonough- Recording Clerk
Public Hearings:
Hearing to Consider Voiding of Clover Springs Subdivision, Phase II, Clover Springs Road in accordance with Subdivision Regulations Chapter XI, Section 3, and to call the bonds for Public Improvements (Public Hearing 4-3-07, continued to 5-1-07)
No one was present from the public to discuss the application. Karl Acimovic the town engineer submitted a memo regarding the property. The memo stated that the catch basins were still not pumped. S. Yorgensen stated that Attorney Schrager requested that the hearing be continued to the next meeting if the Commission had any issues.
R. Tulis asked how many bonds the town has on the sub-division. S. Yorgensen said there is a performance bond and a maintenance bond and wetlands bonds. N. Gray suggested leaving the public hearing open to the next meeting, M. Ellis agreed. Mark Branse, the Town’s land use attorney, stated that he feels the public hearing should be kept open as a lot of work has been done on the sub-division since the public hearing was called.
The commission discussed the maintenance and performance bond and what it covers. A. Marco said that he is concerned with the machinery, stumps etc that has been left on people’s lots from clearing the sub-division. Attorney Branse said that the Commission could ultimately recommend acceptance of the road once the basins were cleaned but not release the performance bond until the stumps were removed.
The commission discussed the process of accepting the road.
R. Tulis made a motion to extend the public hearing to 5/15/07. A. Marco seconded the motion. All commission members voted in favor, thus the hearing is continued.
File #2007-07-Application for a 6 lot Subdivision located at 150 Clint Eldredge Road. ~(Map 12, Lot 20, 21.07 acres, R80 Zone). ~Owner/Applicant CE Road, LLC. ~(RCD. 2/20/07, P H 4/03/07, continued to 5-1-07 DEC within 65 Days after close of P.H. Public Hearing)
Tim Gosselin the applicants engineer was present to discuss the application. He passed out plans to the commission members and stated that they were the same plans that they saw at the last meeting. Mr. Gosselin stated that he is still going through the town engineer’s memo to make changes to the plans. He stated that he has prepared a written request to create one common driveway in the sub-division. He stated that they are proposing the common driveway to prevent unnecessary excavation of ledge. Mr. Gosselin handed out a sketch of the common driveway. He explained that he had added a pull off for emergency vehicles to be able to turn around in the driveway.
A. Marco asked if this is the first time Mr. Gosselin saw the town engineer’s comments. Mr. Gosselin said yes it is that he will address his concerns at the next meeting.
Mr. Gosselin went over the proposed conservation easement in the sub-division. He stated that there are three acres of open space proposed currently. He stated that he has a letter from the Conservation Commission that states they would like a fee in lieu of open space for lots one through five, although lot one is not part of the sub-division. For lot six the Conservation Commission is requesting a conservation easement due to a possible vernal pool.
Mr. Gosselin told the commission that this sub-division was approved by the IWWC on 6/13/05, but he has made a change to the plans since then. He stated that one lot has been removed, resulting in less disturbance to the wetlands. Mr. Gosselin said that he would need to go back to IWWC for a modification. Mr. Gosselin stated that at the last meeting the commission brought up a concern regarding the parcel history of lot 21. He said he found out that the property belonged to Elsie Marco and changed hands in 1967 and sub-division regulations did not come into play until 1969.
R. Tulis asked Mark Branse if lot one is a free cut and if it can be excluded from open space regulations. Mr. Branse went over the parcel history with Mr. Gosselin and concluded that there had not been a free cut on this property. The commission discussed whether lot one should be excluded for open space appraisal.
Mr. Branse told Mr. Gosselin that in his request for a wavier for the common driveway he must address all of the criteria listed in the regulations so the commission can make a decision.
Peter Anderson from the Conservation Commission stated that the commission meant to include the entire vernal pool area in the conservation easement. He stated that they saw wood frogs and eggs that require the vernal pool. He stated that they are also concerned about trash that needs to be cleaned up in the area, such as old cars.
N. Gray asked how many acres they would like for the easement. Mr. Anderson said that he would like to see a buffer around the entire vernal pool.
S. Yorgensen asked if the applicant was willing to contribute fee in lieu of land for the other lots as recommended by the Conservation Commission. The applicant said that they were fine with that.
Mr. Gosselin asked Mr. Branse if he would go over the language of the easement before it is finished. Mr. Branse said that he would.
S. Yorgensen stated that in Mr. Acimovic’s memo it said that there should be no side slopes over 3 to1 and it appears as there are a few 5 to 1 slopes on the plans. She also expressed concern about the proposed drainage easement onto the Goodrich property. Mr. Gosselin said that they are proposing to upgrade the currant drainage system. Mr. Branse stated that per regulations and because of liability, every sub-division must have zero increase in run off.
S. Yorgensen reminded Mr. Gosselin that he needs to submit a report from an archeologist.
Mr. Gosselin submitted a request for a 65-day extension.
M. Ellis made a motion to accept the 65-day extension, N. Gray seconded the motion. Hearing continued to June 5, 2007. ~
Regular Meeting:
Old Business
New Business
Proposal to settle pending court case “KMC (Crossen) vs. Willington” - Public Session
~
Attnys Tim Hollister and Allison McKeen, and engineer Mark Peterson were present, on behalf of Mr. Crossen, to discuss settling the pending court case. Mr. Hollister told the commission that Mr. Peterson had rendered a plan with input from the town engineer. He stated that he was hoping that they would be able to come up with a settlement by the end of the night.
Mr. Hollister went over the history of the original application and the court case. He stated that Mr. Crossen did agree to the wildlife corridor, the paving of Kucko from Wilderness Way until where it meets Kucko Road, as well as future access to the Poole property. Mr. Hollister stated that court date is set for May 14th; he said if they go to court, he would argue that no Planning and Zoning Commission can require a wildlife corridor as open space in a proposed subdivision.
Mr. Hollister stated that he currently has a permit from IWWC for this sub-division, if a plan is settled on tonight by PZC then he will go back to IWWC and make sure the new plan still meets with their requirements. Mr. Hollister said that any out of pocket expenses will be paid for, but would like all other fees from the town waved.
Mr. Hollister addressed the Poole property easement. He stated that Mr. Crossen would not like to see a road built there while he is still living in the house. Mr. Hollister stated that there are other places where the Poole property can be accessed. He said his proposed easement is that no road can be put in for twenty years. If no members of the Crossen family live on the property at that point the easement ends, if they don’t move after twenty years the easement continues for another ten years. If the property is sold after twenty years then the easement ends after one year goes by.
Mr. Branse asked if the Crossen family sells the property within the first twenty years would the easement end. Mr. Hollister said no, it would not as the values of the property depends on this.
Mr. Peterson went over the drainage changes per Mr. Acimovic’s request. He went over the buildable square that he stated he reduced to not be in the conservation easement.
R. Tulis asked about the coma lot, he said that there was no change to it. Mr. Peterson said that he feels that it meets the towns regulations. R. Tulis said that it creates a piece of property that no one can use. He asked if it could be added to the lot next to it. Mr. Peterson said it could not, as he would lose buildable area.
Mr. Hollister said he is looking to the commission to agree on this plan. Mr. Branse told the commission that he does not want them to feel pressured to make a decision.
N. Gray said that he is concerned that when Mr. Crossen built his driveway it was done without approval from the town and now it will be part of Wilderness Way. He said that that the town needs to know what the road is made up of. Mr. Hollister said that all suggested modifications in the approval motion would be incorporated.
M. Ellis asked the commission members if they wanted to discuss this in executive session. The consensus of the commission was that they would discuss it in the public setting.
R. Tulis stated that he is concerned that road building began before the sub-division was applied for or approved. The commission discussed the fact that there was no open space proposed the first time that this application was submitted.
M. Ellis said that he was concerned with the access to the Poole property. He said that he feels that they are asking for too much time as it will be thirty years if the Crossen family remains on the property. Mr. Branse said that the family should be living at the property not just owning the property. Mr. Hollister stated that he does not feel that the Poole property will be developed in those thirty years. R. Tulis said that he disagrees; he stated that there is a chance of putting in a thru road from Spak or Lohse Road. Putting in a through road would allow the Poole’s to sell more lots. M. Ellis said that he is concerned with what will happen ten or fifteen years down the road. Mr. Hollister said that he feels that Mr. Crossen has done everything that the Commission originally asked him to
do. Mr. Branse stated that it seems to boil down to the access to the Poole property for the commission. M. Ellis said that the Poole property is currently in a 490 plan with six years left. The commission and Mr. Hollister discussed why access to the Poole property is so important. M. Ellis said that he is trying to plan a town and keeping the time limit from 30 to 15 years is a big difference. R. Tulis said he would like to protect the property for future development. He stated that he would like to see a 15 year easement only if the Crossen family is living on the property. A. Marco pointed out that if the road is put in to the Poole property then Crossen has the ability to develop another lot.
Mr. Hollister asked the commission if they would accept a fifteen-year sunset clause if the property is sold and twenty-five years in the property is still owned by Mr. Crossen, a wife, or one of his two children. He stated that he does not have permission from Mr. Crossen to make this deal, but would suggest it.
Mr. Poole said that he does not have other access without a large wetland crossing which would likely not be permitted. He stated that his land is currently in 490 for the next six years, he said that he has no plans at this time to develop the land but does not want to lock up 130 acres of property for the next 30 years where he is unable to develop the land if he choose to. Mr. Poole stated that he is also concerned about twenty-five years looking at his own longevity. He stated that fifteen years seems more reasonable for his own planning. Mr. Poole stated that he does want to do what is in the best interest of the town.
Mr. Branse asked Mr. Poole if he would be willing to except a twenty year sunset clause if Mr. Crossen as a maximum and ten years if the property is sold. Mr. Poole said he would like to make sure that transfer of property is not included in ownership and that would be something he could agree to.
Mr. Branse asked the commission if they would agree to that as well. He went over the clause again, stating that the easement would end in twenty years no matter what, but if the property transfers to anyone except Mr. Crossen’s biological children or if he has a wife then the easement would end after ten years.
M. Ellis said that he would prefer fifteen years flat, but can live with the twenty years or ten with change of ownership. Mr. Branse told the commission he will not represent this to the court if it is not what the commission wants. The commission members agreed that Mr. Branse could go to court and settle with this plan.
Mr. Hollister reminded the commission that he does not have the authority to make this decision on behalf of his client that he will need to speak with him tomorrow and see if he will agree to it.
Review and approval of renewal of special permit for American Eagle Saloon & ~~~Café. 15 River Road (map 5, Lot 3) Owner/Applicant: Amy Moore ~~~
S. Yorgensen said that the applicant requested an extension from the commission.
R. Tulis made a motion to continue the renewal of a special permit to 6/19/07. P. Nevers seconded the motion. All members voted in favor, thus the matter is continued.
~Minutes
R. Tulis made a motion to approve the minutes from the last meeting. A. Marco seconded the motion, all members voted in favor.
Correspondence
None
Sub-Committee Reports
S. Yorgensen said that Windham Region Planning Agency agreed to write the regulations so she requested a contract from them.
Staff Report and Discussion
Public Comment
M. Ellis stated that the new daycare is causing large amounts of water to be dumped onto his property and is concerned about the drainage. S. Yorgensen said that she would ask Mr. Acimovic to look at it.
Adjournment
R. Tulis made a motion to adjourn at 9:30 PM., N. Gray seconded the motion. All members voted in favor.
Respectfully Submitted,
Melissa McDonough- Recording Clerk
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