Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
October 20, 2009 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Andy Marco – Vice-Chairman
Edward Standish
James Poole seated for John Sullivan
Tom Murphy
Member Absent:
Matt Ellis – Chairman – excused
Phil Nevers
John Sullivan
Peter Latincsics
Also Present:
Gary Jones – Zoning Agent
Public Hearing
A. Marco called the Public Hearing to order at 7:31.
PZC2007- 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)
Attorney Samuel Schrager was present to represent Liesa Fawell-Sienkowski regarding property located on Jared Sparks Road. Atty. Schrager’s letter, dated October 19, 2009, was submitted for the record and distributed to the commission members. Atty. Schrager said the parents of Ms. Fawell divided the property in 1989 without a formal subdivision of the property. He asked the commission to expand the current exemptions to the moratorium to allow property owners with non-conforming lots the opportunity to correct the situation.
Attorney Samuel Schrager also represented Arthur Godbout regarding property on Route 74. He said Mr. Godbout is seeking to subdivide less than 15 acres although the overall property exceeds 15 acres. Atty. Schrager asked the commission to revise the language in the exemption to put the large property owners on the same footing as smaller property owners. T. Murphy asked if Mr. Godbout is looked to sub-divide the property, only, and not build. Atty. Schrager said that was correct.
Atty. Schrager presented maps and showed both locations on the maps. A discussion was held. He said Ms. Fawell is looking to make lots of record and Mr. Godbout is looking to take 3 lots out.
E. Standish motioned to close the Public Hearing. T. Murphy seconded the motion. All voted in favor. Motion carried.
Regular Meeting
PZC2009-22 Request for recommendation of acceptance of new road (Wilderness Way).
Atty. Schrager was present for this application. He submitted a letter regarding the maintenance bond posted by Raymond Crossen and requesting acceptance of Wilderness Way. He also submitted a letter form Gardner & Peterson Associates stating the setting of all pins and monuments have been completed, an As-Built Certificate Form and an invoice for the cleaning of the catch basins dated 9/19/2009.
G. Jones commented on a memorandum submitted by Karl Acimovic on October 6, 2009 on the following issues; Boundary Monuments for Road Alignment, Catch Basins, Detention Area A, and Driveway Aprons. G. Jones said the commission will need confirmation that the first berm is in.
A. Marco commented on the invoice that was submitted on 9/19/09 regarding the catch basins although, the inspection was done on 10/5/09. Atty. Schrager said leaves may have gotten in since the time cleaned. A. Marco said he believed Mr. Acimovic saw more than leaves. G. Jones said they will have to get Mr. Acimovic out to inspect. A. Marco recommended the commission postpone a decision until Nov. 17 based on the information they currently have.
This application was tabled until the November 17th meeting.
PZC2007- 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)
E. Standish said that Jared Sparks is a correction of a problem and warrants consideration. J. Poole said he fears modifying the hearing will open many issues and he believes the commission is well inside the 6 months to get the regulations done. He said it is not the commission’s issue that property owners have created illegal subdivisions. A. Marco said the Moratorium was put in place to give the commission time to work on the subdivision regulations. He said they are fairly close to finishing and feels the commission should stay with the Moratorium.
J. Poole motioned for PZC2007-33 to remain as written and encompass subdivisions and re-subdivisions of 3 lots or less AND consisting of 15 acres or less overall for 6 months or until new subdivision regulations are adopted (whichever is sooner). T. Murphy seconded the motion. 3 in favor, 1 opposed
(E. Standish). Motion carried.
New Business
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 Public Hearing November 17, 2009 Decision within 35 days after close of P.H.)
Public Hearing is set for November 17, 2009.
Minutes
J. Poole requested a map of the arterial collector roads. A discussion was held on arterial collector roads. G. Jones said he would highlight the arterial collector roads on a street map. A discussion was held on Zoning Regulation 12.06.02.
J. Poole motioned to approve the minutes of Oct. 6, 2009. E. Standish seconded the motion. T. Murphy abstained. All others voted in favor.
Correspondence
1. Letter to Michael Makuch of the Willington Fire Department regarding items needed per the 8-24 Review.
2. Letter from Windham Region Council of Governments regarding the Subdivision Moratorium.
3. Letter from Capitol Region Council of Governments regarding the Subdivision Moratorium.
4. Notice of Violation to Storrs Polo Run Limited Partnership.
5. Letter from the Ottery Group on an invitation to participate as a consulting party regarding Willington 1107 Telecommunications Facility.
Staff Report and Discussion
G. Jones said the department has taken in 6 new applications and commented on a couple violations they are currently looking into.
G. Jones explained to the commission that once a public hearing is publicized, the only modification the commission can make is to make it more restrictive not less restrictive. A discussion was held.
A discussion was held on Wind Turbines.
A discussion was held on the terminology dusk vs. sunset.
Meeting adjourned at 9:00.
Respectfully Submitted,
Michele Manas
Recording Clerk
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