Planning & Zoning
Planning and Zoning
40 Old Farms Road Willington, CT 06279
September 18, 2018
7:30 PM
Meeting Minutes
Roll Call
Members Present:
Walter Parsell – Chairman
Doug Roberts – Vice-Chairman
Andy Marco - Secretary
Joe Hall
Randy Belair
Brittany Skorupski-Williams - Alternate
Members Absent:
Joe Lucia
Donald Courtois - Alternate
Also Present:
Jim Rupert – Acting Planning and Zoning Agent
PUBLIC HEARING
PZC2018-15 Application for Proposed Zoning Regulations changes to add new Section 5.02.01.02.21 Permanent Farm Stand, Section 5.02.01.02.22 Farm Accessory Use Event Facilities, Special Regulations Section 11.24 Permanent Farm Stand with Special Permit and 11.25 Farm Accessory Use Event Facilities with Special Permit Owner/Applicant: Joseph Hall (Received July 3, 2018 Public Hearing September 4, 2018 Decision within 65 day of close of P.H.)
Joseph Hall recused himself. J. Hall said he has looked at the regulations of towns in this region. He said he put in maximum square feet for the building but questioned if that should be done by the board or him. He added that they might consider going with a percentage rather than feet. J. Rupert asked how this would pertain to someone wanting a farm stand that does not have a building and J. Hall said that needs to be addressed. J. Rupert suggested proposing square footage per acreage.
J. Rupert said they can keep the Public Hearing open for a certain amount of time and they can grant an extension. If the applicant has a lot of work to do on the application, J. Rupert said he could withdraw the application and re-apply.
A discussion was held on the farm event facility and the proposed uses of the farm premises listed in the amendment. D. Roberts suggested placing limitations so that events are not held every day.
A. Marco referred to regulation 3.57 and questioned what is considered a farm and the principal use of the land. He suggested the principal use be defined by a monetary value. A discussion was held on the definition of a farm.
W. Parsell opened the hearing up to the public.
Diane Sinosky, of Tinkerville Road, referred to section 11.25 and said she understands this is to make it easier for farmers but would like to see a broader lense on what is considered farming. She said she would like to see more applicability for all potential uses for a farm stand and said in their case, they would like to offer agricultural products such as hay.
W. Parsell referred to section 11.25.05 regarding products and a discussion was held on products and gross sales.
J. Blessington, of Mason Road, said he hopes the Commission does not shoot the proposal down due to concerns on parcels over 5 acres. He said they need businesses like this in town that will survive as time goes on.
A discussion was held on making this application two separate hearings and the Commission agreed it would make it easier to separate them.
The Commission continued the Public Hearing to the next meeting.
PZC2018-16 Change to Town of Willington Zoning Regulations to allow for live entertainment. Public Hearing September 4, 2018 Applicant: Planning and Zoning Commission
W. Parsell said this application is to put their regulations in line with the ordinance that was passed.
A. Marco said he has concerns on the lighting in section c. of the second page. He said he would like to see them follow the current regulations in regard to full cut off lighting. He said they could change the footage in section c.
J. Rupert said the way the section is written, it is allowed by special permit and you can impose additional requirements. He said they could make the language stronger in section a. regarding lighting beyond the boundaries.
A discussion was held on the link between farm event facilities and outdoor entertainment. Further discussion was held on types of lighting brought in by the entertainers or rental lighting provided by the event holder.
B. Skorupski-Williams said if she understands correctly, if they pass a looser ordinance and issue a special permit, they can place more restrictions on future special permits if a complaint is filed. A. Marco said they still have to follow the regulations and it is harder to make them more restrictive.
D. Roberts said if the applicant does not follow the lighting, buffering and mitigation requirements, they could tell them to stop and it could be enforced. W. Parsell said if it is a one-time event, they could be more cautious when issuing future special permits.
A discussion was held on fee based events. A discussion was held on entertainment allowed indoor in a R80 zone.
Erika Wiecenski asked the reason for allowing entertainment Thursday through Sunday and excluding Monday through Wednesday. A, Marco said this is for outdoor entertainment only.
No further comments.
J. Hall motioned to close the Public Hearing. D. Roberts seconded the motion. All in favor. Motion carried.
REGULAR MEETING
W. Parsell called the regular meeting to order. Brittany Skorupski-Williams was seated for J. Lucia.
New Business
Pre Application on re-subdivision of lot #4 Latham Road Ed Pelletier & Michael Nogas
Mr. Pelletier and Mr. Nogas were present and presented plans. Mr. Pelletier said they started this a while ago before the moratorium and it was previously approved in 2011. He showed two plans; one an open space subdivision with 7 lots and the second, a conventional subdivision plan with only 3 lots and the houses are further apart. Mr. Pelletier said you don’t get a whole lot more for the larger lots but they are easier to sell.
A. Marco asked if they have kept up with the wetlands permit and Mr. Pelletier said yes and Eastern Health has also reviewed the proposal.
A. Marco said, in his opinion, 3 lots have less impact on the town than 7 lots pertaining to schools, etc. and it looks like a good plan to him. W. Parsell said he was thinking along the same lines.
J. Rupert added that this is a pre-application and nothing the Commission says now is binding.
Discussion Re: Ordinance /rental property / crumbling foundation /CRCOG
R. Belair said they previously discussed investors buying crumbling homes and then renting out the properties. He said they are not good landlords and not monitoring the rentals or placing restrictions. W. Parsell said there is a home in his neighborhood like this but it is not a crumbling foundation. He said the police have been called multiple times and there was a fatality there last week. He said this intolerable in a neighborhood with children or anywhere for that matter.
R. Belair said this is happening in other towns and suggested contacting their Commissions and CRCOG. A discussion was held on a nuisance ordinance. Selectman Wiecenski said a nuisance ordinance will not address what is going on in that neighborhood. She said they have received multiples complaints but she doesn’t think they could restrict people from using the property, only how they use the property.
A discussion was held on tax abatements. R. Belair said he will look at the wording of state requirements.
J. Rupert said more of this is spilling into Willington and they are very limited in their enforcement. He suggested a housing coded similar but not as restrictive as Mansfield’s.
B. Skorupski-Williams asked if they could look at what to do in a positive way in regards to crumbling foundations. R. Belair suggested the town look at offering incentives to investors to buy and fix the properties. He said another possibility is for the town to purchase the properties, fix them and then use them as housing for people that are in need of a place to stay while fixing their own crumbling foundation. Selectman Wiecenski said they could explore these options but at this time they need to look at housing code.
A discussion was held on a blight ordinances and zoning ordinances. J. Rupert said the problem is enforcement. R. Belair questioned what to do going forward. Selectman Wiecenski suggested the Selectmen and Commission work together and she will send them a link to the Mansfield Housing Code to review.
Old Business
PZC2018-15 Application for Proposed Zoning Regulations changes to add new Section 5.02.01.02.21 Permanent Farm Stand, Section 5.02.01.02.22 Farm Accessory Use Event Facilities, Special Regulations Section 11.24 Permanent Farm Stand with Special Permit and 11.25 Farm Accessory Use Event Facilities with Special Permit Owner/Applicant: Joseph Hall Received July 3, 2018 Public Hearing September 4, 2018 Decision within 65 day of close of P.H.
The Public Hearing remains open.
PZC2018-16 Change to Town of Willington Zoning Regulations to allow for live entertainment. Public Hearing September 4, 2018 Applicant: Planning and Zoning Commission
A. Marco motioned to approve PZC2018-16 Change to Town of Willington Zoning Regulations to allow for live entertainment effective November 1, 2018. R. Belair seconded the motion. All in favor. Motion carried.
Minutes
W. Parsell motioned to approve the minutes of 7/17/18. J. Hall seconded the motion. All in favor. Motion carried.
W. Parsell motioned to approve the minutes of 9/4/18. D. Roberts seconded the motion. R. Belair abstained. All others in favor. Motion carried.
Correspondence
Letter to J. Rupert from Fuss & O’Neill regarding Loves Travel Stop
J. Rupert said Love’s is looking for a modification to the design of the Subsurface Wastewater Absorption System. He said they are also looking to move the driveway entrance to get sight line distance as they were previously denied by DEEP. The commission had a discussion on what other elements the changes might affect. J. Rupert will put this on the agenda and provide the drawings from Fuss & O’Neill to the Commission.
Public Comment
Selectman Wiecienski said they have a hiring committee for the Land Use position and they will be reviewing the applications. She said the position previously reported to the commission and they have read through the statutes and paperwork from many years ago and found nothing in writing as to why this was done. She said the position is an employee of the town and, in the job description, will now report to the Board of Selectmen. A. Marco said the performance standards will be the purview of the Commission and a discussion was held on yearly performance reviews.
Staff Report/Discussion
J. Rupert said they are moving forward with the permitting software with the assistance of Lisa Madden, Tax Collector. He said they will continue to meet with Viewpoint and the system will be up and running by the end of the year. J. Rupert gave an overview of the system and said, in addition to online permitting, Land Use will get a flag if a permit is requested on a delinquent real estate account.
Discussion was held on permit fees. J. Rupert said the fees are extremely outdated and need to be revised. The Commission would like this on a future agenda.
Meeting adjourned at 9:32.
Respectfully Submitted,
Michele Manas
Michele Manas
Recording Clerk