TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
AUGUST 15, 2000
R. TULIS CALLED A REGULARLY SCHEDULED MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:31 P.M. AUGUST 15, 2000 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
R. Tulis D. Cushman
L. Dion S. Kneeland
A. St. Louis W. Goodale, alt.
E. Kalbac
B. Begansky
D. Lytwynn, alt.
S. Trueb, alt.
G. Jones, assistant zoning agent
L. Decker, recording clerk
ADDITIONS TO THE AGENDA:
None.
NEW BUSINESS:
1. Rainbow Acres Campground, re: Approval of Managers
The commission reviewed the file and resumes submitted.
R. Tulis asked the Millers how they fit in with Joe Halchek.
Ray Miller said he & his wife have been seasonal campers since 1992. They also have homes in New Britain and Michigan. They were asked by Joe to manage the facility. After reviewing information on the campground and speaking with Gary, they agreed to fill the vacancy until Oct. 31, 2000. They also plan on coming back next year as mangers if all works out.
Janice Miller said they have reviewed the issues of the special permit and have already met with the water tester. They have served as managers before, though not of a campground. Her background is bookkeeping.
R. Tulis said the commission wants to see the facility maintained as a top-shelf campground, but it has had a bad history. It may be difficult working with Joe.
The Millers stated they were aware of the situation. They realize they need to comply with all the issues or the campground will not be open.
L. Dion noted Joe has problems in the off-season with maintenance, and has been unable to maintain a workforce. He asked if they had any provisions to deal with that.
R. Miller said he is doing much of the maintenance himself. Other campers also worked today. They spent the day cleaning up sites. He has purchased a utility trailer and will be cleaning up the trash every day.
L. Dion said camping season opens in May and they will need to return from their out-of-state residence prior to that so preparations and testing can be completed.
R. Miller said he has reviewed the schedule with Sue, and if possible would like to approach the board before leaving this year regarding reopening next year. He would also like to be informed ASAP regarding any complaints made.
L. Dion told the Millers it will be a welcome event to have a responsible couple take over the management. It will take a lot of work to bring the campground to the point at which it should be.
R. Miller said Janice will be going over finances every day with Joe.
L. DION MOVED TO APPROVE RAY R. MILLER AND JANICE M. MILLER AS MANAGERS OF THE RAINBOW ACRES CAMPGROUND.
SECONDED BY D. LYTWYNN.
YES: R. Tulis, L. Dion, E. Kalbac, B. Begansky, D. Lytwynn, S. Trueb
ABSTAIN: A. St. Louis
R. TULIS MOVED TO CHANGE THE AGENDA ORDER TO HEAR ITEM #7, REQUEST FOR REVIEW UNDER 8-24, AFTER ITEM #2, FILE #2000-37.
SECONDED BY L. DION.
UNANIMOUSLY APPROVED.
2. File #2000-37-Application for a zoning regulation change to include municipal services under Government Service in Use Regulations-Table 5.04. Town of Willington, applicant. (Received on 08/15/00, hearing by 10/17/00, decision by 12/19/00.)
R. Tulis said the commission will need details on how the town proposes to do the regulations change.
First Selectman John Patton said they can re-do the Table with a "before & after."
The commission reviewed the setup of the table and discussed the options. They determined the definitions of government and municipal services may also need to be clarified.
L. DION MOVED TO SET AN OCTOBER 3, 2000 PUBLIC HEARING FOR FILE #2000-37-APPLICATION FOR A ZONING REGULATION CHANGE TO INCLUDE MUNICIPAL SERVICES UNDER GOVERNMENT SERVICE IN USE REGULATIONS-TABLE 5.04. TOWN OF WILLINGTON, APPLICANT. (RECEIVED ON 08/15/00, HEARING BY 10/17/00, DECISION BY 12/19/00.)
SECONDED BY R. TULIS.
UNANIMOUSLY APPROVED.
3. Request for Review under 8-24
G. Jones distributed maps of the Drobney property.
R. Tulis said the commission is mandated by statute to review potential purchase of land.
J. Patton said the property is approximately 80 acres and part of a subdivision which the commission reviewed last spring. For about 3 years the board of selectmen, conservation commission and Ms. Drobney have been working on a mutual agreement in which the property could be donated to the town and also be financially beneficial for the owner by helping with the subdivision costs. An appraisal was done in the spring and the value was about $43,000.
J. Patton said the board of selectmen and conservation commission are in favor of the purchase. It abuts the Fenton Ruby Park and will serve as an 8-acre addition to that park. The park usage is increasing every year. The property will fall under the guidelines of the Fenton Ruby Park Management Plan and will be cared for by the conservation commission.
R. Tulis asked if there was any anticipation of adding access to the area along the Tinkerville Road frontage.
Paul from the conservation commission said it was not discussed formally, but all are united in the fact they do not want an entrance there. The preference is to have only one park entrance for security reasons.
J. Patton said adding an entrance there would also disturb wetlands.
A. St. Louis asked if there were any deed restrictions on the use of the property as a condition of the sale.
Paul said they want the property to have the same deed restrictions of the abutting parcel which is for passive recreation only.
A. St. Louis said he felt the price was reasonable and the purchase would benefit the town.
L. DION MOVED TO APPROVE AND AUTHORIZE THE TOWN TO PROCURE LAND ON TINKERVILLE ROAD UNDER CONNECTICUT STATE STATUTES SECTION 8-24 AND IN ACCORDANCE WITH FIRST SELECTMAN JOHN PATTON'S LETTER DATED AUGUST 8, 2000.
SECONDED BY S. TRUEB.
L. Dion said he feels it is a wise decision for the town to expand recreational space at the park, and the expansion is in conjunction and accordance with the town Plan of Development.
The commission recommended that the new property deed should fall under the same deed restrictions as that of the abutting Parcel C and that the two parcels should be merged.
UNANIMOUSLY APPROVED.
4. File #2000-36-Application for the modification of an existing site plan to include extension of fueling canopy, additional 10,000 gallon tank and an additional dispenser for Travel Centers of America, 327 Ruby Road in a DC zone. Travel Centers of America/Adapt Engineering, applicants. (Received on 08/15/00, decision by 10/17/00).
S. Trueb and R. Tulis recused themselves from this file.
G. Jones distributed the file and said it was approved by the IWWC. He said it is not required to hold a public hearing for the modification.
L. Dion said the commission will need to determine if one is warranted.
Doug Parker, Manager of Travel Centers of America said they currently have 3 dispensers in front of the building. When the facility was built they had the foresight to realize they may need an additional one, and all the piping was done to accommodate that potential need. At present there is a traffic flow problem due to a large volume of cars and they would like to add the additional dispenser to help alleviate that. He reviewed the plans with the commission.
L. Dion asked if the additional pump was for diesel or gas.
D. Parker said it is for gasoline.
B. Begansky said if it will help reduce traffic problems, it is a good thing.
D. Parker said the system is designed within guidelines of environmental protection and the design allows for the tank to be added. This should help cut down on deliveries as well. The volume done now can be up to 10,000 gallons in a 24-hour period. The delivery tanker trucks will need to go in less often with an additional tank.
L. Dion asked if it was appropriate at this time to raise the issue of complaints that have been received regarding traffic backups on Route 320 due to trucks lined up waiting to enter the complex. It is a safety issue.
G. Jones said this may not be the time, since this is a site plan revision and is not a revision to the special permit.
L. Dion said he would like to clarify with Sue if it can be addressed now.
D. Parker said he was not sure if it was appropriate now either, but is more than willing to discuss it, noting he has to drive that road also.
B. Begansky said he has driven by there often, and more than 50% of the time the problem is not because of the trucks, but rather cars going into the truck area by mistake and having to turn around. The signage is not clear.
A. St. Louis said the commission discussed this with owner George Giguerre before and he was going to try to speed up the ticket-taking process.
D. Parker said he is quite willing to help find ways to remedy the problem.
The commission discussed whether or not there might be enough public interest to warrant a hearing.
L. DION MOVED TO SCHEDULE AN OCTOBER 3, 2000 PUBLIC HEARING FOR FILE #2000-36-APPLICATION FOR THE MODIFICATION OF AN EXISTING SITE PLAN TO INCLUDE EXTENSION OF FUELING CANOPY, ADDITIONAL 10,000 GALLON TANK AND AN ADDITIONAL DISPENSER FOR TRAVEL CENTERS OF AMERICA, 327 RUBY ROAD IN A DC ZONE. TRAVEL CENTERS OF AMERICA/ADAPT ENGINEERING, APPLICANTS. (RECEIVED ON 08/15/00, DECISION BY 10/17/00).
SECONDED BY B. BEGANSKY.
YES: L. Dion, B. Begansky, E. Kalbac, D. Lytwynn
NO: A. St. Louis
RECUSED: R. Tulis, S. Trueb
5. File #2000-38-Application for a modification of existing special permit including a modification of existing site plan for an addition and a water storage tank located at 136 Pinney Hill Road, Village Springs Corp. in a DCR zone. Village Springs owners/applicants. (Received on 08/15/00, hearing or decision by 10/17/00.)
The commission reviewed the plans.
Sean Cassells of Village Springs said this has met wetlands approval, and they will have full-size renderings at the next meeting.
R. Tulis said the only thing left open from last time was installation of the tank.
Christine Stetson of Village Springs said the tank proposed previously was smaller.
S. Cassells said with this new plan for the building, the tank will go in almost the exact same area, but it will be completely screened from view by the building.
R. Tulis said there may be a problem with the building, in that it is labeled as a warehouse, and it appears that is not allowed in a DCR zone.
S. Cassells said that is actually just a label used on the conceptual drawings.
C. Stetson said the current use will not be changing but the capacity will increase.
S. Cassells said it is still a bottling facility and a new machine will be put in.
L. Dion asked the total square feet being added.
S. Cassells said it is about 8,000 square feet +.
A. St. Louis asked if the Use Tables referred to the primary use, and is it true they can produce but not store?
G. Jones said for most things in a DCR zone there is no storage. Here, just the recovery & bottling is allowed.
A. St. Louis said the regulations may be unclear between primary and accessory use.
Rob Cassells of Village Springs said in this business, the product must turn over every 3-4 days to be economical.
R. Tulis asked how many truck trips were allowed under the special permit.
Pat Cassells of Village Springs said it allows for 20 tractor trailer trips weekly and unlimited box truck trips.
R. Tulis said the commission must determine if a public hearing is necessary, or if the commission cannot even accept the application because it is not allowed in this zone. With this amount of floor area increase, it seems to warrant a public hearing.
S. Cassells said the public should absolutely be allowed the opportunity to comment.
The commission reviewed section 7.07.01 of the regulations.
A. St. Louis said as an accessory use it is allowed and the application should be accepted.
C. Stetson said the proposal does not change the current use - it just expands it.
The commission agreed to table the issue until the next meeting to allow time for review of the regulations and Use Tables.
6. File #2000-39-Application for a zoning regulation change to include Day Care Centers in an R-80 zone with a special permit. Kids Express Learning and Daycare, LLC, applicants/Barbara Meredith & Cheryl York, owners. (Received on 08/15/00, hearing by 10/17/00, decision by 12/19/00).
Barbara Meredith presented the proposal and noted the property is buffered on all three sides in back by trees.
R. Tulis asked if this newest application encompassed the proposed changes from feedback from counsel.
B. Meredith said this is word-for-word from the attorney.
R. Tulis said last time, the amended version of the regulations evolved far beyond what they started with in the application and was not what was heard at the public hearing.
L. DION MOVED TO SET AN OCTOBER 17, 2000 PUBLIC HEARING FOR FILE #2000-39-APPLICATION FOR A ZONING REGULATION CHANGE TO INCLUDE DAY CARE CENTERS IN AN R-80 ZONE WITH A SPECIAL PERMIT. KIDS EXPRESS LEARNING AND DAYCARE, LLC, APPLICANTS/BARBARA MEREDITH & CHERYL YORK, OWNERS. (RECEIVED ON 08/15/00, HEARING BY 10/17/00, DECISION BY 12/19/00).
SECONDED BY A. ST. LOUIS
UNANIMOUSLY APPROVED.
7. Amendments to the zoning regulations.
G. Jones handed out copies of the tower regulations drafts. Pat is working on the rest.
OLD BUSINESS:
1. File #2000-26-Application for a special permit to construct a monopole antenna tower and support building for a wireless communications facility at 426 River Road (Map 34, Lot 10, R-80 zone). Willington Fire Dept. #1 owners/applicants. (Received on 05/16/00, public hearing on 07/18/00, decision by 09/9/00).
The commission reviewed the file and memo from Karl and listed possible approval conditions that were discussed at the public hearing.
R. Tulis said he is still disappointed that they did not consider directional boring as a better trenching option.
A. ST. LOUIS MOVED TO APPROVE FILE #2000-26-APPLICATION FOR A SPECIAL PERMIT TO CONSTRUCT A MONOPOLE ANTENNA TOWER AND SUPPORT BUILDING FOR A WIRELESS COMMUNICATIONS FACILITY AT 426 RIVER ROAD (MAP 34, LOT 10, R-80 ZONE). WILLINGTON FIRE DEPT. #1 OWNERS/APPLICANTS. (RECEIVED ON 05/16/00, PUBLIC HEARING ON 07/18/00, DECISION BY 09/9/00), WITH THE FOLLOWING CONDITIONS:
1) Prior to the start of construction, any FCC and FAA approvals shall be provided to the zoning agent.
2) As stated at the public hearing, the applicant shall agree to comply with any technical revisions suggested by the town engineer and/or the zoning agent, and updated drawings to reflect those revisions shall be provided.
3) The driveway shall meet zoning regulations, as they may be waived by the zoning agent.
4) The elevation of the top of any antenna shall not exceed 642 feet above sea level.
5) The exterior lighting switch shall be arranged so any exterior lighting is not on all the time, but rather only when required by workers.
6) All easements shall be depicted on the final site plan
7) A gate shall be provided on the northeast access road at the location of the barbed wire fence.
YES: R. Tulis, A. St. Louis, S. Trueb, E. Kalbac
ABSTAIN: L. Dion, D. Lytwynn, B. Begansky
MINUTES:
A. ST. LOUIS MOVED TO ACCEPT THE MINUTES OF 6/18/00 AS AMENDED.
SECONDED BY S. TRUEB.
YES: R. Tulis, A. St. Louis, B. Begansky, E. Kalbac, S. Trueb
ABSTAIN: L. Dion, D. Lytwynn
CORRESPONDENCE:
1. July 14 memo from G. Jones, re: Village Springs addition
2. CC July 26 memo from J. Halchek to L. Johnson, re: removal from campground
3. July 25 letter from L. Johnson, re: termination of campground manager duties
4. July 25 from Coventry PZC, re: zoning amendment
5. July 26 letter from Kids Express, re: withdrawal of application File #2000-18
6. July 31 letter from CME Associates, re: activity near Mansfield/Willington border
7. UCONN NEMO newsletter, re: linking land use to water quality
8. Registration Flier from CCM, re: CCM convention and exposition 2000
DISCUSSION:
L. Dion stated there is still a Port-O-let outside the American Eagle Cafe and they continue to be in violation of their permit. They have also brought in a load of gravel and done damage.
R. Tulis said they had an outdoor setup one weekend also.
G. Jones said he would address the issues.
The commission discussed the new management at Rainbow Acres and wished the Millers well. A sitewalk should be held prior to the end of this camping season in order to review the progress.
STAFF REPORT:
G. Jones noted prior to the new campground managers coming in, other people had come in with question regarding purchasing the campground.
PLAN OF CONSERVATION AND DEVELOPMENT:
Deferred.
L. DION MOVED TO ADJOURN THE MEETING AT 10:29 P.M.
SECONDED BY B. BEGANSKY.
UNANIMOUSLY APPROVED.
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