Planning & Zoning

Planning and Zoning

40 Old Farms Road Willington, CT 06279

March 19, 2019

7:30 PM

Meeting Minutes

Roll Call

Members Present:

Doug Roberts – Vice-Chairman

Andy Marco – Secretary

Joe Lucia

Randy Belair

Joe Hall

Members Absent:

Walter Parsell – Chairman - excused

Donald Courtois - Alternate

Also Present:

Mike D’Amato – Zoning Agent

Emily Perko – Assistant Zoning and Wetland Agent

Attorney Mark Branse

PUBLIC HEARING

PZC2019-01 Text Amendment Application: Section 12. Willington Zoning Regulations. Owner: Loves Travel Stops & Country Store, Inc. Applicant: Gregory W. McCracken, Esq.(Received January 15, 2019 Public Hearing February 19, 2019 Decision within 65 days after close of P.H.)

Attorney Branse noted the first Public Hearing was held and closed.  It was then discovered the proposed text was not filed with the Town clerk 10 days prior so a 2nd Public Hearing was required.   Attorney Gregory McCracken has made a couple refinements but all previous information submitted has been recorded and was submitted for the record.  All adjustments have been submitted to Staff and copies are available to the Public. 

Atty. McCracken said he changed the build out to 4 years and the Commission could grant another extension of up to 4 years.  He noted that floating zones need to accommodate fairly complex projects and the applicant is looking for more flexibility as approval from state agencies may take a significant amount of time.  Atty. McCracken said he believes the proposal is better with the revisions. 

A. Marco noted that the State of Connecticut will not deliberate on a proposal until approved by the town.  Atty. Branse said that is DOT’s practice although they say they will be more flexible in the future.  A discussion as held on the timing of state approval. 

Ralph Tulis submitted a letter for the record based on the previous Public Hearing’s text.  A discussion was held the appraised value and Atty. Branse said the final development is when the change would take effect.  R. Tulis asked, if this amendment is granted, can the Commission apply this retroactively to the expired Special Permit.  Atty. Branse said the statutes are clear; you cannot apply this to a statute retroactively but the applicant can opt to apply per the new regulations. 

Kathy Demers, of the Conservation Commission< said she attended the previous Public Hearing and hopes their comments submitted will be considerd.  She questions the bonds previously set and can they now be sure the bonding is adequate.  A discussion was held.  

Dave Kuchinsky expressed his concerns on the last paragraph referring to delays caused by “Acts of God” or other circumstances.  He questioned who would be the Judge.  Atty. McCracken said the closest thing he could come up with is the unavailability of Engineers, equipment or materials.  A discussion was held on who would determine this and it was agreed it would be the Commission.  Atty. Branse added that a permit cannot be voided without a hearing. 

Rob Symonds expressed his concerns on plans that were designed years ago and questioned the changes.  D. Roberts said he believes the changes are to the septic system. 

Ms. Demers asked if the applicant would have to reapply and Atty. McCracken said they are going to apply for a new Special Permit. Atty. Branse said they will have to follow the same procedures with a mandatory Public Hearing.

Elaine Newcomb questioned the projected time line and Atty. McCracken said he would prefer to have Fuss & O’Neill answer that question. 

A. Marco motioned to close PZC2019-0. J. Lucia seconded.  All in favor.

Regular Meeting

Old Business

Farming Regulation Informal Discussion

M. D’Amato submitted the draft to the Commission and noted if they think the regulations are ready, they can schedule a Public Hearing.  A. Marco questioned portable toilet facilities and M. D’Amato said that would be caught by the health department.  He added that they could incorporate it into the permit.  A discussion was held on the permitting process and outside agencies. 

Atty. Branse said these are Special Permits and everything the applicant is looking for should be specified.  He said the 1st of the applications should demand a high amount of specificity; the critical piece is to know exactly what you are approving.  He suggested including the number of events, how often, hours and attendees.  Further discussion was held. M. D’Amato said they could request an operation plan which would include the details.  He added that they could specify standards that a plan would be required to contain. 

A discussion was held on parking and the operation plan.  D. Roberts suggested they come up with a draft plan application and tweak the farming regulations accordingly.  R. Belair questioned how they would check on compliance and Atty. Branse said this should be specified in the Special Permit.  R. Belair suggested they check out the set-ups in the beginning with a site walk. 

A discussion was held on farming as a principal use and the definition of accessory use.  Atty. Branse read the definition and said the key words are “subordinate to”.

Minutes

J. Hall motioned to approve the minutes of 2/19/19.  R. Belair seconded.  A. Marco abstained.  All others in favor.

Public Comment

Kelly Trueb asked the Commission to look at not only the number of people at an event but also the number of people at the event at one given time.  She asked them to look back at the Selectmen’s minutes from the Zombie Mud Run. 

Staff Report

M. D’Amato said they are looking at pushing the 2nd meeting in April back to April 23rd.

Meeting adjourned at 8:40.

Respectfully Submitted,

Michele Manas

Michele Manas

Recording Clerk