Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
June 5, 2007
Minutes
Present:
Ralph Tulis
Andy Marco
Norm Gray
Phil Nevers- arrived at 7:31pm
Peter Latincsics
Absent, Excused:
Matthew Ellis
Thomas Murphy
Also Present:
Susan Yorgensen- Planning & Zoning Agent
Matthew Willis- Land Use Attorney
Melissa McDonough- Recording Clerk
R. Tulis called the meeting to order at 7:30 PM.
Public Hearings:
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. (Received 2/20/07, Public Hearing 4/30/07, continued to 5-1-07, continued to 6/05/07, extension granted. Decision within 65 days after close of P.H. - site walk 3/31/07.)
Tim Gosselin project manager for the application was present to discuss the application. He recapped what he had presented at the previous public hear meetings. Mr. Gosselin went over the memo he received from town engineer Karl Acimovic he stated that he has made changes to the plans to incorporate Mr. Acimovic’s suggestions and is waiting to hear back from him. Mr. Gosselin stated that the conservation commission has requested a 150-foot buffer around the vernal pool area and the property owners have agreed to that. He stated that they are also following other suggestions from the conservation commission such as fee in lieu of open space. Mr. Gosselin told the commission that he has had an appraisal done that included both the land and the house, but can have another one done just to
appraise the land.
Mr. Gosselin read a letter from a state archeologist stating that there is no know historical or archeological sites on the property. He entered the letter into his file for the record.
Mr. Gosselin discussed the drainage on the property. He stated that there would be no increase in run off due to added rain gardens, infiltration system and detention basin. He stated that he would update the outfall of the existing pipe as it does not meet existing conditions, this will decrease the cubic run off. Mr. Gosselin told the commission that the outfall is not constructed properly.
Mr. Gosselin said that he is requesting a waiver for a common driveway; he read the waiver request that he had prepared and requested that it be added to his application file. Mr. Gosselin stated that having a common driveway for two of the homes would help prevent unnecessary excavation of ledge. He stated that the common driveways would not conflict with the town’s plan of development.
P. Latincsics said that the driveways exceed 10% grade. Mr. Gosselin said that adjustments have been made to the new plan to correct the grading. P. Latincsics asked if there will be emergency turn offs along the driveway. Mr. Gosselin pointed out where they were located on the plan.
N. Gray asked if putting a rain garden near the septic system cause any problems. Mr. Gosselin said that the rain gardens would be 50 feet away from the septic system and flow in the opposite direction.
Andy Marco stated that a shared driveway needs to have a homeowner’s association. He asked if information regarding all the details of this would be written into the deed. Mr. Gosselin said that it would. He said that he could give the language that will go into the deed to the town’s attorney to review it if the commission would like. The commission said that they would make that one of the conditions if approved. The commission stated that a utility easement would also be necessary when putting them in. S. Yorgensen said that she would also like to see the rain garden maintenance included in a deed restriction.
R. Tulis asked if the public hearing should be closed. S. Yorgensen said that if the hearing was closed the commission could still receive review comments from the town engineer. Mr. Gosselin asked what he needed to do about getting an assessment on the property. S. Yorgensen said that may be able to use the same appraiser, but needs an updated appraisal.
S. Yorgensen asked the Goodrich’s if they would grant the developer an easement if they would upgrade the drainage structure. The Goodrich’s said that they would as long as there would be no increase in the flow.
R. Tulis made a motion to continue the public hearing until 6/19/07.
Andy Marco seconded the motion, All voted in favor, thus the public hearing was kept open.
Pre-Application
Pre-Application meeting regarding commercial property located at 451 River Road, Willington applicant/Owner Teresa Love
Teresa Love was present to discuss a possible application. She stated that she would like to increase the quality of vet care east of the river. She stated that she is hoping to build a state of the art animal hospital on River Road.
Andy Marco read the current regulations. He stated that currently an animal hospital could not be in a commercially zoned area. S. Yorgensen said that Ms. Love would first need to come in for a regulation change before they can make a formal application.
R. Tulis asked what would become of the home that is currently on the property. Ms. Love said that they offered it to the fire department for a burn and if that does not happen, they will demolish it.
Ms. Love said that they would also like to build a commercial model home on the property, which would be used as an office by the builder.
S. Yorgensen suggest that Ms. Love make an appointment with staff to go over what they would like to do so staff can advise them on the proper procedures as their current plan does not meet with regulations.
Andy Marco asked what the difference between an animal hospital and an outpatient clinic is. Ms. Love said an animal hospital could provide critically ill patients on a continuous basis and keep patients overnight.
Andy Marco asked if any hoofed animals would be treated. Ms. Love said no just small animals such as cats and dogs.e
Ms. Love said that she has not found any existing animal hospitals in the area that she considers positive places to work that currently meet her needs, which is why she decided to start her own business. Ms. Love talked about the number of animals that she would like to be able to serve. S. Yorgensen said currently the regulations state that an outpatient facility can have 14 animals at one time. Ms. Love said that she feels she can potentially serve more than 14 animals so she will apply for a regulation change.
Dave Charette from the Economic Development commission said that the commission is in favor of this application as they feel the location is a good choice for this type of business, as well as it supports the type of development that the town is looking for.
Ms. Love asked how difficult it is to have a regulation changed. S. Yorgensen said that it is a lot of work and the time frame is set by state law.
Andy Marco asked Ms. Love when she would like to begin construction. She said that they would like to start as soon as possible. S. Yorgensen suggesting to Ms. Love that she start by putting an application in to the EHHD and then IWWC once the site plan has been complete, and the regulation change request. Ms. Love said that they are submitting the plan to the Eastern Highland Health District next week. S. Yorgensen asked how many gallons of water would go into the septic each day. Ms. Love said that she was not sure.
Request for review of proposed modifications of TA at 327 Ruby Road and determination of modification application from Commission (Requested by Apex Co.)
Ryan Farr the environmental consultant from Apex was present to discuss the proposed changes to the TA fuel system. He stated that they are currently trying to meet the consent order from DEP. He explained that in order to prevent any spills in the future they have create a plan as to how to repair the current system. Mr. Farr said that they would remove the remote fills, disconnect the existing lines that are connected to the storm water drainage system and create a burm around the area where the trucks deliver the fuel. The oil water separator will be reworked and the original separator will be removed and replaced with a holding tank. Mr. Farr went on to explain that the original baffle that has a leak in it will be replaced and the wall near the pond will be patched.
Mr. Farr explained how the fuel delivery procedure has been changed as well. He stated that a truck must first check in with the guard at the guard stand, weigh the truck, deliver the fuel, and then re-weigh itself. Once this is done they go into the store and a clerk checks the trucks original and final weight along with what has been put into the tank to make sure the all are equal.
S. Yorgensen said that she was at TA today inspecting it and noticed that there is a large trash compactor outside of the building that has liquid leaking beneath it that flows directly into the storm water system. Mr. Farr said that he would look into it. S. Yorgensen asked Mr. Farr if they could create some sort of drill for staff members so they always know what to do in the event of an emergency spill.
R. Tulis asked if this is a site plan modification. Mr. Farr said that it is. R. Tulis suggested remaining this to staff if it is a modification, but would like the commission to receive a Spill Prevention Report.
Andy Marco made a motion to remand the application to staff as the plan is being modified. N. Gray seconded the motion. All voted in favor of the motion.
New Business
2007-14 Request for review and approval pursuant to CGS Section 8-24 to repair bridge over Fenton River located in the area of 130 & 96 Tinkerville Road (Map 40).
Karl Acimovic asked the commission members if they had gotten a chance to see the plans for the bridge. The commission members said that they had not. Mr. Acimovic passed out the plans. Mr. Acimovic discussed the application. He stated that the bridge needs to be repaired and they have decided to create a bracing system to hold up the walls during construction, pour concrete into the bridge to fill in the existing holes, using rebar to strengthen the structure. Mr. Acimovic discussed how they would pour the concrete so it does not enter the streambed. He stated that the road would be closed to traffic for approximately six months. He explained that the excavation will not take long, then the bracing and prep work will take about three weeks, adding the steal will take a couple of
weeks and then the concrete pour will take about a month.
P. Latincsics asked what the budget for the project would be. Mr. Acimovic said that they still are not sure since they are still looking to find the money to complete the projects. P. Latincsics asked if it would be a CIP project. Mr. Acimovic said that he did not think so; he thought it would come out of the reserve fund. Mr. Acimovic said that they are currently waiting for a contractor to create a bracing plan so they can begin to discuss what the cost will be.
R. Tulis suggested using Geo Textile material to keep the grout out of the water instead of sheet metal.
R. Tulis moved that pursuant to CGS Section. 8-24 the commission approve the proposed repairs to the bridge over Fenton River located in the area of 130 & 96 Tinkerville Road N. Gray seconded the motion. All voted in favor. Thus, the motion carries.
Proposed Settlement Agreement and Plan to settle pending court case “KMC (Crossen) et al vs. Willington” Public Session (Executive Session Possible as well)
Attorney Tim Hollister was present to discuss the settlement. He went over the sub-division history and discussed the stipulated agreement that has now been created. Mr. Hollister reviewed the major terms of the agreement that includes 14 acres of open space, a wildlife corridor, an easement for the town of Willington, road improvements which will make Kucko road 24 feet wide, receiving a fee in lieu of improvements on the second half of the road, and access to the Poole property after sunset clause ends.
Mr. Hollister stated the Mr. Crossen would cover any of the towns out of pocket expenses for the application as well as the engineer and attorney fees for implementing the agreement.
Matt Willis, land use attorney pointed out that the town would have an easement for slope rights for construction of the future road. The conservation easement will be posted using stone markers or the equivalent.
R. Tulis asked to review the original reasons for denial. Mr. Willis read the original denial, which stated the application was incomplete, plans were not changed to meet conservation requests, there was no 50 foot right away, and lot 13 was non-conforming.
R. Tulis asked if the site plans have changed since the original application. Mr. Hollister said that they have changed. R. Tulis asked if the commission would have any say in the final plans. He stated that he is concerned that the commission is being asked to vote on a set of plans that they have never reviewed.
Mr. Hollister stated that all of the original reasons that the first application was denied have been addressed in the new plan.
Mr. Willis stated that commission members would not be asked to sign the Mylar’s until staff has stated that they are correct.
P. Latincsics asked if there are any conflicting issues regarding the new plan and the town’s regulations.
Mark Peterson the engineer for the application explained what changes had been made to the application. He stated that one of the detention basins have been revised, the elevation of the road has been raised as well as the angel of the road has been altered to meet the town’s regulation.
Andy Marco made a motion that to approve entering into the proposed stipulation of judgment as follows:
NO. TTD CV 06 4005027S : SUPERIOR COURT
:
RAYMOND CROSSEN, ET AL. :
: JUDICIAL DISTRICT
v. : OF TOLLAND
:
WILLINGTON PLANNING AND :
ZONING COMMISSION : JUNE , 2007
JOINT MOTION FOR STIPULATION TO JUDGMENT
The parties hereby move, pursuant to Conn. Gen. Stat. §~8-8(n), for the entry of a Stipulated Judgment in accordance with the Stipulation filed herewith.
PLAINTIFFS, DEFENDANT,
RAYMOND CROSSEN AND WILLINGTON PLANNING AND
R.F. CROSSEN CONTRACTORS, LLC ZONING COMMISSION
By By
Timothy S. Hollister Mark K. Branse
Allison M. McKeen Branse, Willis & Knapp, LLC
Shipman & Goodwin LLP 148 Eastern Boulevard
One Constitution Plaza Suite 301
Hartford, CT 06103-1919 Glastonbury, CT 06033
PHONE: (860) 251-5000 PHONE: (860) 659-3735
FAX: (860) 251-5318 FAX: (860) 659-9368
Juris No. 57385 Juris No. 418384
Their Attorneys Its Attorneys
O R D E R
The foregoing Joint Motion for Stipulation to Judgment having been heard, it is hereby ORDERED: GRANTED/DENIED, and judgment is hereby entered in accordance with the Stipulated Judgment of the parties.
BY THE COURT,
Date
Judge/Assistant Clerk
CERTIFICATION OF SERVICE
I hereby certify that a copy of the foregoing Joint Motion for Stipulation to Judgment was mailed, postage prepaid, this _____ day of June, 2007, to:
Mark K. Branse, Esq.
Branse, Willis & Knapp, LLC
148 Eastern Boulevard
Suite 301
Glastonbury, CT 06033
Timothy S. Hollister
Commissioner of the Superior Court
470590 v2/s1
NO. TTD CV 06 4005027S : SUPERIOR COURT
:
RAYMOND CROSSEN, ET AL. :
: JUDICIAL DISTRICT
v. : OF TOLLAND
:
WILLINGTON PLANNING AND :
ZONING COMMISSION : JUNE , 2007
STIPULATION TO JUDGMENT
WHEREAS, the plaintiff, Raymond F. Crossen, is the owner of property located at 22~Kucko Road, Town of Willington, Connecticut 06279, which property is designated as Map~42, Lot 8-1 in the Willington Assessor's Records, and consists of approximately 52.34 acres of undeveloped, forested land in Willington, Connecticut, containing a single-family residence and several barns, and lying between other undeveloped, forested parcels of land to the north and south, Wilderness Lake to the west, and Kucko Road to the east (the "Property");
WHEREAS, the plaintiff, R.F. Crossen Contractors, LLC, of which Raymond F. Crossen is a principal, applied on October 26, 2005 to the Willington Planning and Zoning Commission (the "Commission") for approval to subdivide the Property into 14 lots, which number was reduced to 13 lots during the pendency of the subdivision application (the "Application");
WHEREAS, the Commission is the agency designated by the Town to act on subdivision applications;
WHEREAS, the Commission denied the Application on April 18, 2006;
WHEREAS, the plaintiffs Raymond F. Crossen and R.F. Crossen Contractors, LLC appealed the Commission's denial to Superior Court;
WHEREAS, the above-mentioned appeal is currently pending in Superior Court captioned Raymond Crossen, et al. v. Willington Planning and Zoning Commission, Superior Court, J.D. of Tolland, Docket No. TTD CV 06 4005027S (the "Appeal");
WHEREAS, the parties attempted to mediate this Appeal on February 23, 2007, and reached a tentative agreement on a settlement subdivision plan;
WHEREAS, the plaintiffs Raymond F. Crossen and R.F. Crossen Contractors, LLC prepared a revised subdivision plan for settlement purposes in accordance with the terms of the agreement reached during mediation, said settlement plan being entitled, "Subdivision Plan, Wilderness View, Kucko Road, Willington, Connecticut," prepared by Gardner & Peterson Associates, LLC, and revised on May 24, 2007 (the "Settlement Plan"), and which contains 14~lots; provides a wildlife corridor of approximately 250 feet in width in the area recommended by the Willington Conservation Commission and consisting of 15 percent of the total area of the Property, which wildlife corridor is to be permanently preserved as open space; provides for improvements to Kucko Road; and
provides for a future road connection to the parcel of land to the north of the Property;
WHEREAS, the Settlement Plan was presented to the Commission at public meetings on April 17, May 1, and June 5, 2007 to address and receive public comments on the proposed settlement, and the Commission, by the signature of its Attorney below, certifies that it fully complied with the public notice requirements applicable to zoning appeals, as outlined in Practice Book §~14-7A;
WHEREAS, the parties believe that a settlement of this Appeal is in the best interest of the parties;
WHEREAS, the plaintiffs Raymond F. Crossen and R.F. Crossen Contractors, LLC have obtained or will obtain a modification of an existing wetlands permit or a new permit from the Willington Inland Wetlands and Watercourses Commission to develop the Property as shown on the Settlement Plan.
NOW, THEREFORE, Raymond F. Crossen, R.F. Crossen Contractors, LLC, and the Commission hereby agree as follows:
1. The subdivision will consist of 14 lots on approximately 52.34 acres as shown on the Settlement Plan, incorporated herein as Exhibit A (photo reduced copy attached), and 7.81 acres of open space shown on the Settlement Plan as Parcels C and D, and Conservation Easement (the "open space").
2. The open space will be preserved in perpetuity for use as a wildlife corridor and for passive recreation. The plaintiffs will donate and transfer title to Parcels C and~D to the Town of Willington. The area marked "Conservation Easement" on the Settlement Plan will be placed into a conservation easement using the Town's standard conservation easement form, except as modified by this Stipulation, but not transferred in fee simple to the Town of Willington. The Conservation Easement will be visibly marked by stone markers or the equivalent to alert lot owners to its boundaries. The open space area will contain an easement, shown on the Settlement Plan, to
permit the clearing of walking trails by the Town of Willington.
3. As shown on the Settlement Plan, the plaintiffs will improve the proposed subdivision road, Wilderness Way, to a width of 24 feet, rather than the standard 26 feet. In consideration for this reduced width, the plaintiffs will also improve Kucko Road to a width of 24 feet, beginning at a point south of the intersection of Wilderness Way and Kucko Road and continuing approximately 75 feet north of the Property boundary, to the end of the existing pavement, as shown on the Settlement Plan. At the Commission's discretion, and as an alternative to making improvements to Kucko Road, the plaintiffs will pay the Town of Willington an amount equal to the reasonable cost of making the
proposed improvements to Kucko Road, to be used by the Town to improve Kucko Road.
4. The parties will balance the Town of Willington's interest in efficient land use planning, and Raymond F. Crossen's interest in protecting the privacy and value of his residence, which is the existing house on the property indicated on the Settlement Plan as proposed Lot 9 (the "existing house"). The plaintiffs will convey to the Town in fee simple a
50 foot corridor to be used for a future road extension to the north of the Property, and this corridor shall be located across proposed Lot 9, as shown on the Settlement Plan (the "Future Road"), subject to the following conditions:
a. If the parcel of land designated as Map 52, Lot 29A in the Willington Assessor's Records is placed into a permanent conservation easement or other permanent open space status before the Future Road is constructed, the Future Road corridor shall revert to Raymond F. Crossen or his successor-in-interest as owner of Lot # 9.
b. The Town shall not permit this right-of-way to be developed for at least ten years from the date of recordation of the approved subdivision map (the "Recording Date").
c. If, before ten years, Raymond F. Crossen transfers title to the existing house to anyone other than his spouse or child, then the Town may permit the right-of-way to be developed after ten years from the Recording Date.
d. If, after ten years from the Recording Date, Raymond F. Crossen, his spouse, or his child own and inhabit the existing house as a primary residence, then the Town shall not permit the right-of-way to be developed until one year after the date the existing house is transferred to a person or entity other than Raymond F. Crossen, his spouse, or his child.
e. Regardless of ownership of the existing house, the Town shall have the right to permit the right-of-way to be developed after 20 years from the Recording Date, provided the right-of-way has not reverted to Raymond F. Crossen or his successor-in-interest per Paragraph (a) above.
f. None of these conditions will prevent the development of the right-of-way by agreement of the Town and Raymond F. Crossen or his successor-in-interest per Paragraph (a) above.
5. The plaintiffs will reimburse the Commission for reasonable out-of-pocket expenses incurred to finalize the Settlement Plan, including the Town Engineer's fees to review the Settlement Plan, and publication costs, including any postage for required mailings, and including all those representations made before the Commission on June 5, 2007.
6. The plaintiffs will test the suitability of the sub-base materials for Wilderness Way in accordance with generally-accepted engineering practices, and under the supervision of the Town Engineer. The plaintiffs shall work with the Town Engineer to ensure that Wilderness Way meets all applicable Town standards, and take such measures as may be necessary to achieve compliance.
7. The plaintiffs shall comply with all applicable post-approval requirements specified under the Subdivision Regulations, including posting a performance bond, filing a general liability insurance policy, and hiring a Clerk of the Works selected by the Town.
8. The plaintiffs shall file this agreement on the land records at the plaintiffs' expense.
9. The plaintiffs or their successors or assigns shall include notice of this Stipulation in the deed for each of the 14 lots created.
10. The above-referenced subdivision approvals shall be subject to the standard conditions of the Commission to the extent that such conditions do not conflict with the terms of this Stipulation.
11. No costs in this appeal are to be awarded to any party.
PLAINTIFFS, DEFENDANT,
RAYMOND CROSSEN AND WILLINGTON PLANNING AND
R.F. CROSSEN CONTRACTORS, LLC ZONING COMMISSION
By By
Timothy S. Hollister Mark K. Branse
Allison M. McKeen Branse, Willis & Knapp, LLC
Shipman & Goodwin LLP 148 Eastern Boulevard
One Constitution Plaza Suite 301
Hartford, CT 06103-1919 Glastonbury, CT 06033
PHONE: (860) 251-5000 PHONE: (860) 659-3735
FAX: (860) 251-5318 FAX: (860) 659-9368
Juris No. 57385 Juris No. 418384
Their Attorneys Its Attorneys
be approved and submitted to court as well as placed in the minutes with the agreed upon changes. Seconded by R. Tulis.
N. Gray asked if the applicant would be able to come in for a modification to the site plan after the motion is approved or would they need to file a new application. Mr. Acimovic said that if they run into any unexpected issues during construction then they would need to come back and apply for a modification.
R. Tulis asked if all public improvements need to be done before lots are sold. Mr. Acimovic said yes or bonded.
R. Tulis asked the commission members to vote on the motion.
A. Marco, P. Nevers, N. Gray, P. Latincsics voted in favor of the motion. R. Tulis voted no. Thus the motion passes.
Request for road approval Clover Springs Subdivision
R. Tulis asked Mr. Acimovic if he did a final inspection of the road. Mr. Acimovic said that all the necessary improvements had been made except for the catch basin that he requested not be entered at this time due to the ground being too soft. Mr. Acimovic stated that the conservation easement around the detention basin still has an issue.
R. Tulis made a motion that the Planning and Zoning Commission make a recommendation to the Board of Selectman that they accept Clover Springs as a town road. All members voted in favor of the motion, thus the motion passes.
Proposed Regulation Changes
The commission members discussed proposed regulation changes written by town attorney Mark Branse.
They went over signs to be posted on property requesting a permit. The commission discussed creating disposables signs in the office, charging the applicant a fee and requiring them to post the signs and take them down after the public hearing has closed.
R. Tulis asked what information would be on the signs. S. Yorgensen said they will list the time and date of the public hearing and then have contact information for the office. S. Yorgensen said that she could make a sample sign for the commission to look at. R. Tulis said that he could create a sign in acrobat and email it to S. Yorgensen to put in the correct information.
Request for release of bond (letter of credit T-246319 in the amount of $45,149.00) posted with Planning and Zoning for landscaping and maintenance thereof TA Operating Systems
S. Yorgensen said that she received a notice from the bank that holds the bonds for Travel Center that they will not be renewing the letters of credit. S. Yorgensen said that she had some concerns over unfinished landscaping at the TA.
The commission looked at pictures that S. Yorgensen had taken around the outside of the TA. S. Yorgensen said that she call the TA and asked if a staff member could come to the meeting tonight and no one is in attendance.
N. Gray asked what still needs to be done in order to have the landscaping complete. R. Tulis stated that the pictures indicate that the landscaping has not been maintained. P. Latincsics asked if the TA has been informed about what needs to be done. S. Yorgensen said that she has contacted them many times and no one calls her back. She stated that she has requested that the TA submits what they believe it will cost to finish the landscaping and they have not, she stated that if she does not receive the information from them then she would keep the entire bond.
P. Latincsics asked S. Yorgensen to send a letter on behalf of the commission asking the TA to address the landscaping issues that currently exist or send an estimate of what it will cost to finish the landscaping and if they do so they will be reduced the bond to that amount.
R. Tulis made a motion to make the release of the bond subject to repairing the existing landscaping. P. Latincsics seconded. Unanimous.
Staff/Discussion
The commission discussed the bridge on route 74 closing. They stated that closing the bridge would interfere with the local businesses in that area causing the closing of the bridge to not fall into the towns POCD. The commission said that they would like to write a letter from all the commission in town to the DOT stating how closing the bridge will interfere with the town’s POCD. The commission stated that the DOT would return to Willington in September to have another town meeting. P. Latincsics asked S. Yorgensen if Mark Branse could draft a letter for the commission to go over.
S. Yorgensen gave the commission a report on the progress of WINCOG doing the regulations. A discussion followed regarding the Town joining WINCOG. The consensus of the Commission was that Chairman Ellis write a letter to the board of selectman letting them the town could benefit from joining.
P. Nevers made a motion to adjourn the meeting at 10:40pm. N. Gray seconded the motion. All members voted in favor.
Respectfully Submitted,
Melissa McDonough
Recording Clerk
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