Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
October 6, 2009 – 7:30 PM
Meeting Minutes
A. Call to Order
Matt Ellis called the meeting to order at 7:30 p.m.
B. Roll Call
Members Present:
Matt Ellis - Chairman
Andy Marco – Vice-Chairman
Edward Standish
Phil Nevers
James Poole, alternate seated for John Sullivan
Peter Latincsics
Member Absent:
Tom Murphy - excused
John Sullivan – excused
M. Ellis called the meeting to order at 7:31.
New Business
PZC2009-22 Request for recommendation of acceptance of new road (Wilderness Way).
A memo was submitted to the commission, from the Town Engineer Karl Acimovic, on four outstanding issues with the road. M. Ellis recommended the commission not accept the new road at this time due to the outstanding issues and to allow time for the road to be fixed.
E. Standish moved to decline the request until the issues of the memorandum are addressed and re-inspected by Mr. Acimovic. All in favor.
File #PZC 2007- 33 Subdivision Regulation Change to allow for an extension of 6 months or until new subdivision regulations are adopted (whichever is sooner) of the existing temporary, limited moratorium on subdivision applications and approvals to allow the Commission to continue study, develop and edit the draft open space subdivision regulations (a variation of Cluster Development pursuant to CGS § 8-25(c)) with the possibility of exempting from the moratorium subdivisions and re-subdivisions of 3 lots or less AND consisting of 15 acres or less overall. (Public Hearing 10/20/09)
Public Hearing has been set for 10/20/09.
File #PZC2009-23 Application for amendment to Zoning Regulation 12.06.02, regarding classification of roads used to access a Designed Commercial Zone; Applicant: Leonard Jacobs (Received October 6, 2009)
Attorney Michael Bonanno of the law firm Jacobs, Walker, Rice & Barry was present for the applicant. He was not present to give a formal presentation but to give an introduction on the application. He said they are requesting a change to the zoning regulations that does not address a particular site or a particular site use. He said if the application is approved, they will then come back with an application for a specific use use. Mr. Bonanno said the future application will be for a travel stop at the corner of Mihaliak Rd and Polster Rd approximately 500 to 600 feet from the entrance to the interstate. He said they do recognize that there is an existing facility that services the West bound traffic and the traffic stop they are proposing will servicing the East bound traffic. He said if their application
for the zoning change is approved that will give them the opportunity to come back with a more formal application to build the project. He said he believes they have chosen a good location that will not adversely affect the people of Willington and will add a lot to the town’s grand list. Currently the design commercial zone allows a design commercial project at the intersection of two roads where both roads are either principal state roads or arterial collector local roads. He said currently Mihaliak Road does qualify but Polster Road does not. He said their application is asking to allow a design commercial zone at an intersection where only one of the streets is an arterial collector local road but in close proximity to the local highway. Atty. Bonanno said they will go into it in more detail when they come back before the commission. He said they do acknowledge that if the commission adopts the change in the zoning
regulations, it does not mean the commission will approve the future application to create the design commercial zone or the project the applicant wants to build within the zone.
The commission did not have any questions at this time.
E. Standish motioned to set the Public Hearing for November 17, 2009. P. Nevers seconded the motion. All in favor. Motion carried.
M. Ellis read a request from the Willington Hill Fire Dept. to discuss a new fire station at the corner of Ruby Rd and to discuss the necessary items for an 8-24 Review. Mike Makuch was present and said that a First Right of Refusal is on the verge of expiring. He presented an aerial map to the commission and explained the location on the map. He said they were present to get some guidance on the 8-24 Review. He said, outside of the zoning issues, they are in the process of negotiating a purchase price, potentially a contract and financing. Mr. Makuch said they have received a wetlands report and there are no wetlands on the property. He said they are also waiting on the completion of the A-2 survey.
M. Ellis commented per 8-24 Review, the commission is to address this as a planning board. He said the Plan of Conservation and Development states only there can be only one fire company in town. Mr. Makuch said the POCD recommends combining the fire departments as one organization and, at this point, their plan does not address this issue. Mr. Makuch said the location of the fire station would be placed geographical to protect the town and that they are not contradictory to the POCD’s suggestion of two organizations becoming one.
J. Poole asked Mr. Makuch to review pages 4-21 thru 4-23 of the POCD as this is what the commission has to base their decision on. A discussion was held on the action that could be taken if the POCD could not be updated and the wording of the POCD.
Mr. Makuch explained a facility study that the Town of Willington is currently doing.
P. Latincsics asked what would happen to the old facility if this goes forward and a discussion was held on potential uses of the facility.
M. Ellis asked the price of the property and Mr. Makuch said they are currently in negotiation but the amount that was brought to the Board of Finance was $250,000. A discussion was held on the property. A discussion was held on the property cost if the fire department does not get a grant.
J. Poole explained the items the applicant would have to come back with; 8-24 Review, A-2 Survey, Wetland Documentation, Impact Statement on the POCD and how that will be addressed, the size of the building, amount of impervious surface and information on the septic and reserve field. A discussion was held on the septic, proposed facility, parking and proposed site. A discussion was on the needs of the proposed fire department and the existing fire departments. A discussion was held on the POCD in regards to a single fire department or single fire organization.
Mr. Makuch asked if they could pursue the 8-24 Review prior to addressing the POCD. M. Ellis would like staff to contact Attorney Branse regarding this question.
Minutes
E. Standish motioned to approve the minutes of 9/15/09. J. Poole seconded the motion. All in favor.
Correspondence
1. Violation to Mr. Zagaldo
2. Complaint on 268 River regarding a logging business.
Discussion
J. Poole said he reviewed the subdivision regulations and questioned the term called dusk. He said it is not definable and would be difficult to enforce. A discussion was held. The commission would like to continue discussion of the terminology at the October 20, 2009 meeting.
Meeting adjourned at 8:53.
Respectfully Submitted,
Michele Manas
Recording Clerk
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