Planning and Zoning Commission
40 Old Farms Road Willington, CT 06279
November 17, 2009 – 7:30 PM
Meeting Minutes
Roll Call
Members Present:
Matt Ellis – Chairman
Andy Marco – Vice-Chairman
Phil Nevers arrived at 7:32
John Sullivan
Edward Standish
James Poole seated for T. Murphy
Walter Parsell
Member Absent:
Tom Murphy - excused
Also Present:
Susan Yorgensen – Planner - Zoning Agent
Public Hearing
M. Ellis called the Public Hearing to order at 7:31.
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.)
Attorney Leonard Jacobs was present for the applicant. He presented 2 documents to the commission. The first page showing the changes they are asking for marked in yellow and the second page showing the zoning regulations as they exist today.
Atty. Jacobs explained that they would like to build a facility on the site at the intersection of Polster Road and Lohse Road across from the Citgo Gas Station on Mihaliak Road. He said the location is a short distance from the I-84 exit ramp. Atty. Jacobs said that if the zone change is made, they are aware that they would have to come back with a separate application for the proposed facility.
Atty. Jacobs said, when reading Section 12.06.02, there is an ambiguity in the wording and said that the town attorney recognizes that this exists. Atty. Jacobs read Section 12.06.02 to the commission and said the property is located along a principal state route or arterial route. He explained that the regulations can be read two ways; it appears if a location is at the intersection of two principal state roads or Arterial/Collector Local Roads it is eligible to be a Design Commercial Zone.
Atty. Jacobs explained an alternative they considered was to classify Polster Road as an Arterial/Collector Road. He said they spoke to S. Yorgensen regarding this but thought the amendment would be the best way to go.
Atty. Jacobs said they propose a DC Zone located with a street that is not classified as and Arterial/Collector road if the intersection is within 600 feet of an exit ramp to an interstate highway and that the driveways that do not enter or exit onto a Principal State Route or an Arterial/Collector Road are located within 1250 feet from the intersection.
Atty. Jacobs mentioned the section under the Plan of Development which deals with the economic base of the town and the desire to promote and attract new economic development.
A. Marco said the current regulations, regarding access, are saying the access should be from an existing Arterial Collector Road. A discussion was held.
A discussion was held regarding the driveway within 1250 feet.
A discussion was held on the map presented showing the existing DC Zones and possible DC Zones based on the proposed language.
A discussion was held on the wording change from facilities to properties. Atty. Jacobs said they would be okay with changing the wording back.
M. Ellis asked for public comment and nothing was presented.
A. Marco said his recommendation would be to leave the Public Hearing open for discussion and for any additional information they might need. S. Yorgensen said they can still discuss the hearing if closed. J. Poole said they have information from Attorney Branse who has conferred with Attorney Jacobs and they also have the information provided by Attorney Jacobs.
Attorney Jacobs said they have submitted a letter to the commission, from the property owner, giving their support of the requested change to the zoning regulation. He mentioned that Attorney Branse thought the applicant was being overly cautious but understands why they would like to clear this up.
E. Standish motioned to close the Public Hearing. J. Poole seconded the motion. All in favor. Motion carried. Public Hearing closed.
Regular Meeting
M. Ellis called to order the regular meeting at 7:54.
Teri Haun – LAPD regarding mock subdivision
Teri Haun, of LADA Land Planners of Simsbury, was present as a consultant regarding the mock subdivision. Ms. Haun gave her credentials and background information regarding recent and current projects they are working on.
A discussion was held on the outcome the commission is looking for and how they see the subdivision. M. Ellis said they are looking to keep the rural character of the town. He said they tried to take larger pieces in town and make it beneficial for the landowner to cluster but they are not looking to take any value away from the landowner. They would like the landowner to get the same or more lots but keep the open space in town.
A discussion was held on whether or not the commission is looking to increase density.
Ms. Haun asked what the commission is looking to accomplish and M. Ellis said they would like her to go through the regulations and find flaws. A discussion was held on wording and the interpretation of particular wording.
A discussion was held on Ms. Haun consulting additional parties. The commission would like Ms. Haun to direct questions to S. Yorgensen before consulting an outside party.
A discussion was held on the property they will be using. S. Yorgensen said it is the Knowlton property.
Ms. Haun said they will highlight lines and how it led them to a particular thought and will have initial comments to commission for the January meeting. The commission thanked Ms. Haun for meeting with them.
Old Business
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.)
A. Marco questioned accepting the wording verbatim as presented. M. Ellis said Attorney Branse has reviewed it. A. Marco said Atty. Branse believes there is an ambiguity but he made no recommendations. A discussion was held on the memo from Attorney Branse. S. Yorgensen said she believes there are two issues; one being where the zone change is located and the other being the access issue. S. Yorgensen said, in her opinion, they can’t have access off Polster Road because it is not an Arterial/Collector Road. A discussion was held on this and the location of the road.
J. Sullivan asked how many pieces of property fall under this category. S. Yorgensen said it is displayed on the map and a discussion was held. A discussion was held on the state potentially moving the ramp. A discussion was held on the cost to the town in allowing increased traffic to a road that’s not classified as an Arterial/Collector Road. A discussion was held on the dirt road. A discussion was held on applying for a zone change. S. Yorgensen said this is a legislative change and the commission has to discuss whether this is in line with what they want for the town.
A discussion was held on defining safety and a convenient access from an Arterial/Collector Road.
The commission asked S. Yorgensen to draft a motion and the commission will discuss at the next meeting.
PZC2009-22 Request for recommendation of acceptance of new road (Wilderness Way).
A discussion was held on the Gardner & Peterson Associates letter dated July 10, 2009 stating the pins and monuments have been set. S. Yorgensen said there are still two outstanding issues; the pumping issue and the detention basin issue.
Release of the reclamation bond Ruby Road Gravel Pit (map 42 lot 48)
A discussion was held on the letter from Karl Acimovic dated November 9th, 2009. A discussion was held on the bond held. S. Yorgensen said K. Acimovic still has the same issues he had originally. A discussion was held on the reclamation plan.
Election of Officers
John Sullivan nominated Matt Ellis as Chairman, Andrew Marco as Vice – Chair and Tom Murphy as Secretary. Phil Nevers seconded. M. Ellis asked if there were any other nominations. There were none. The commission voted to approve the slate as motioned. All in favor.
Minutes
Jim Poole motioned to approve the minutes with the following change on page 2; “He also submitted a letter form Gardner & Peterson Associates” should read “He also submitted a letter from Gardner & Peterson Associates”. Phil Nevers seconded the motion. M. Ellis abstained. All others in favor.
Discussion Subdivision Regulation
The commission reviewed and discussed the Proposed Draft Subdivision Regulations.
Correspondence
1. Notice from George Torello Engineers regarding upcoming workshops.
2. Notice on a workshop for Building a Code Compliant Deck.
3. Copy of a letter to Ms. Patterson Montgomery from Robert Shabot regarding the AT&T Mobility #1107 Telecommunication Facility.
A discussion was held on the AT&T Telecommunication Facility in regards to the Siting Council.
4. Copy of an email from Mark Palmer to Ms. Montgomery regarding the AT&T Mobility Telecommunication Facility.
5. Copy of a letter from Chairman of the Conservation Commission, Peter Anderson to AT&T Mobility regarding the Telecommunication Facility.
6. Notice from Boundaries LLC regarding the services they offer.
7. Clearscapes Fall Newsletter from the University of Connecticut.
Staff Report and Discussion
Letter from Planning and Zoning to C & S Willington Ltd Partnership regarding signage violations.
The commission asked if the signs have been removed. S. Yorgensen said some businesses have complied, some have not and the next step would be a Notice of Violation.
J. Poole asked about an individual living in a trailer next to Wilderness Way. S. Yorgensen said Gary Jones is looking into it and handling it. J. Poole said there is also an issue on Lohse which he has reported a very long time ago and nothing has been done. A discussion was held regarding Social Services and this issue. S. Yorgensen said G. Jones has sent a letter to the owner and if they do not comply the next step will be taken.
J. Poole asked about the status of Ruby Road Associates and how much material is being taken out of Ruby Road. A discussion was held. The Commission wants an answer as to when they will get an answer.
M. Ellis asked about a trailer at a Luchon Road home to be removed after they built a home, they are now living in the home and the trailer is still there. S. Yorgensen will look into.
Meeting adjourned.
Respectfully Submitted,
Michele Manas
Recording Clerk
| 
