TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MAY 15, 2001
A. ST. LOUIS CALLED A MEETING OF THE WILLINGTON PLANNING AND ZONING COMMISSION TO ORDER AT 7:50 P.M. MAY 15, 2001 AT THE TOWN OFFICE BUILDING, 40 OLD FARMS ROAD, WILLINGTON.
PRESENT: ABSENT:
A. St. Louis E. Kalbac
R. Tulis S. Kneeland
L. Dion B. Goodale, alt.
S. Trueb, alt. B. Begansky
J. Patton, ex-officio D. Lytwynn, alt.
G. Jones, assistant zoning agent
L. Decker, recording clerk
The commission seated S. Trueb for B. Begansky.
A. St. Louis stated that due to members who need to recuse themselves from the public hearings on the agenda, it would be necessary to open and then continue the hearings, as there will not be quorums.
Attorney Franklin Pilicy described public hearing procedures and reasons for which members should or need not recuse themselves from public hearings. He noted that the truck wash was on the original plan at the travel center, but was deleted at the ninth hour because they were unable to find a designer for the enclosed wastewater facility. He felt it was not necessary for anyone to recuse himself or herself.
A. St. Louis said he respects that opinion, however it is and has been the policy of the commission to let the members decide whether or not they can make an unbiased deicsion. In all past matters regarding the truckstop, Mr. Trueb and Mr. Tulis have both recused themselves.
R. Tulis said the last permit was approved without him, and due to other circumstances outside this room, it is best he recuse.
A. St. Louis said the commission can open the hearing, but it would be pointless to get a lot of details without the guidance of the members who will be able to vote on these. It is regretful that not enough members are present to have a quorum.
A. St. Louis called the first public hearing to order at 8:00 p.m.
PUBLIC HEARINGS:
1. File #2001-31-Application for a special permit for a municipal recreation area located on the west side of Route 32, north of I-84 (Map 39, Lot 6, 8.11 acres). Town of Willington owners/applicants. (Received on 04/17/01, hearing on 05/15/01, decision by 07/17/01).
A. St. Louis said the same issues just discussed apply here, as he is the chairman of the River Road Recreation Committee and must recuse himself.
R. Tulis said Mr. Patton is the applicant and that leaves the commission with only 3 members.
L. Dion moved to continue to 06/05/01 the public hearing for File #2001-31-Application for a special permit for a municipal recreation area located on the west side of Route 32, north of I-84 (Map 39, Lot 6, 8.11 acres). Town of Willington owners/applicants. (Received on 04/17/01, hearing on 05/15/01, decision by 07/17/01).
Seconded by S. Trueb.
YES: L. Dion, S. Trueb, R. Tulis
RECUSED: A. St. Louis
A. St. Louis was re-seated.
A. St. Louis called the second public hearing to order at 8:05 p.m.
2. File #2001-24-Application for a special permit for a truck wash located at 327 Ruby Road (Truck Stops of America) in a DC zone. Royce Property, LLC owner/applicant. (Received on 03/20/01, hearing on 05/15/01, decision by 07/17/01).
R. Tulis and S. Trueb recused themselves from this file.
L. DION MOVED TO CONTINUE TO 06/05/01 THE PUBLIC HEARING FOR FILE #2001-24-APPLICATION FOR A SPECIAL PERMIT FOR A TRUCK WASH LOCATED AT 327 RUBY ROAD (TRUCK STOPS OF AMERICA) IN A DC ZONE. ROYCE PROPERTY, LLC OWNER/APPLICANT. (RECEIVED ON 03/20/01, HEARING ON 05/15/01, DECISION BY 07/17/01).
SECONDED BY A. ST. LOUIS.
YES: L. DION, A. ST. LOUIS
RECUSED: R. TULIS, S. TRUEB
A. St. Louis called the regular meeting to order at 8:10 p.m. and apologized to both public hearing applicants.
R. Tulis and S. Trueb were re-seated. The commission agreed to review information on a town property split as item #2 under New Business.
NEW BUSINESS:
1. Renewal of Special Permit for Rainbow Acres Campground including approval of managers. Joe Halchek, owner.
A. St. Louis recused himself from this file.
J. Halchek said he has a new manager, Shirley Baker. R. Tulis asked what the plan was.
S. Baker said Joe will stay in the house, and she will manage the campground. Almost everything the commission has asked for is in order. There is a new filter system and they are waiting to have it inspected. They have replaced lights as requested by the fire marshal and feel they are all up to date.
R. Tulis said there is an agreement with Tobacco Valley regarding hauling trash in the file. There was a problem with the exit lights.
S. Baker said they repaired the bulbs today and has receipts.
R. Tulis asked about the septic tank service.
S. Baker said it has been done, and she has the receipt.
R. Tulis said the receipt in the file is dated 04/26/99 and he questions how that applies to this season. He also has a copy of a letter to Joe from the health district, and there is a problem with the urinals. S. Baker said that has been repaired.
R. Tulis asked about the back flow prevention. S. Baker said that has been repaired.
R. Tulis asked about the filter. S. Baker said it is a new system, and they need to let it run several days before it can be tested again.
R. Tulis asked about record handling and the office. S. Baker said she has started getting files organized and setting up rules for the campground.
R. Tulis asked about the caretaker trailer/laundry facility. S. Baker said it was for a previous manager.
R. Tulis said there have been several issues over the years and he is sure Ms. Baker has spoken with staff about those. He is reviewing her contact with Joe and in his opinion there is one thing missing, and that is regarding her level of authority.
S. Baker said she assumes she would handle everything, except for something such as major construction.
R. Tulis said Item #12 in the contract bothers him. He read the item into the record.
S. Baker said it is for services not already in place. She cannot instruct people to come in and do work unless Joe is willing.
R. Tulis said as a hypothetical situation, suppose there is a septic disaster with a full campground. How will it be handled? S. Baker said she would call and get it fixed.
R. Tulis said based on past experience, Joe will try to control her. S. Baker said she has known Joe for 6 years.
L. Dion said his concerns are the same as they have been in the past. The commission has felt compelled for public health and safety reasons to get involved and establish all these conditions and restrictions. History has shown for one reason or another that Mr. Halchek has been unable to comply with regulations, or fails to understand how to comply. It has been necessary for the commission to watch him very closely while still trying to stay out of his business. These conditions are placed on the special permit year after year. There is also the concern that every year the commission is looking at a new manager. There is no consistency or continuity.
S. Baker said she has been a camper there for the last 5 years. She understands the concerns. As a camper herself, she wants to improve the campground.
L. Dion asked Ms. Baker what concerns she had. S. Baker said she wants to be the manager, keep it clean and wants the people to be entertained. The ball started rolling last year and there were a lot of improvements. They want to keep it going. The number of seasonal campers in about 12 and there are repeats. It is like a family there and a lot of campers are willing to pitch in. Campers in attendance agreed that others would help out where necessary.
L. Dion asked Ms. Baker what her qualifications, experience and background were.
S. Baker said she has worked for a natural disaster team, which included going into places that have had tornadoes, hurricanes and floods, to set up office. She has dealt with several towns and subcontractors. She has to set up office, collect data, work on budgets, etc. She has worked with many personalities and many people who are at the end of their ropes. Rainbow Acres is our own little disaster area.
L. Dion asked Ms. Baker if she was intending to remain on the property the entire season, or if she would only be there on the weekends. S. Baker said she would be there the majority of the time. There is an agreement that other campers will cover in her absence.
L. Dion asked if that included duties such as registering. S. Baker said yes.
L. Dion asked Ms. Baker what she anticipated her longest absence would be. S. Baker said 3-4 days. She will always be there on weekends. L. Dion said if they lack continuity, and she is gone, we’re right back where we started. S. Baker said there is one person there this entire season that will cover if she is not there.
3-4 campers spoke and said they did not mind covering duties. There have already been a lot of improvements, and they want to keep it on the upswing.
R. Tulis said every year it is the same thing. If the owner wants to open May 1st, all the ducks should be in a row by mid-April. That has not been the case. He asked Ms. Baker if she had the authority to pick up the phone and call the cops if a camper becomes a problem. S. Baker said she would hope so.
J. Halchek said if she is the manager, what needs to be done needs to be done. He wants to protect his property. There is no reason she cannot handle this.
S. Trueb said it seems like there is more of a team effort this year.
Campers stated they want a safe environment. They wash their dishes in this water. They want it upgraded for their own sake. Last year there were people causing problems and they were thrown out. It has been safer than in years past.
R. Tulis said before they can open, they need to deal with the water test, resolve the date on the septic receipt, and there must be some assurance of the manager’s level of authority.
The commission discussed water test results.
S. Baker asked how soon they could open once these things were done.
R. Tulis said as soon as the information is turned in.
G. Jones said the exit roads should be blocked off to help keep unwanted visitors out. The only way in should be through the main gate.
L. DION MOVED TO APPROVE THE REQUESTED RENEWAL OF THE SPECIAL PERMIT FOR RAINBOW ACRES CAMPGROUND FOR THE 2001 CAMPING SEASON WITH THE FOLLOWING CONDITIONS:
1) all previous existing conditions shall remain in place
2) water testing must be completed and results submitted to the zoning office
3) the issue of the date of the most recent septic service must be resolved
4) the commission must receive assurance of the manager’s level of authority
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
A. St. Louis was re-seated. Ex-officio J. Patton was unseated to discuss a town property split.
2. Property spilt
J. Patton said they are splitting the lot approved for school bus parking.
S. Trueb asked if it was a free cut.
J. Patton said a municipality, under Section 8-18 of the CGS; they can split a property for development. He said they could do this as long as they do not create a non-conforming lot. He reviewed the proposed split on the map.
K. Acimovic reviewed the size of the separate areas.
J. Patton said it is not a subdivision and is like a free cut. There is another contiguous lot in back that is about 18 acres.
R. Tulis asked if that was part of the original site.
J. Patton said it was donated by Gardner Hall in the 1980s – it was landlocked. The only restriction is that the remaining lot needs to be a legal lot. Both must be legal.
R. Tulis asked how they would get to the “back lot.”
J. Patton said it has about 600 feet of frontage. The logical way is to go the way they have always gone. It is legal in property and frontage, and the town would only be granting itself a right-of-way. We are using our own property to get to our own property.
R. Tulis asked what would happen if the town ever sold the property to someone such as the bus company.
J. Patton said the town would deed themselves the right-of-way.
S. Trueb said leaving the lot in town hands is better financially.
J. Patton said there is no intent to sell. They just want to stockpile materials on the lot. They could also just move the boundary lines.
R. Tulis read the statutes and noted this is not a subdivision anyway because it is two lots, not three. Municipalities are excluded from the definition of subdivision under Section 8-18. Even if this were a subdivision, the town would still be exempt.
G. Jones said the town can spilt it for multiple purposes.
J. Patton reviewed the contours, setbacks and Frink Brook area.
A. St. Louis asked what permit was in place for the current use.
J. Patton said it is grandfathered in. Very little is really done with it. They store some winter sand and stockpile a little.
R. Tulis asked if there was any dead equipment up there.
J. Patton said No.
A. St. Louis said the town is not exempt from zoning, and asked how that applied.
R. Tulis said there is no practical reason to give yourself a right-of-way. If they choose to sell it, then it must come under 8-24.
J. Patton said if they changed the use in the back area they would probably have to go to ZBA for a variance.
R. Tulis asked if getting to the back would require a crossing.
K. Acimovic said it might.
R. Tulis asked if it was doable.
K. Acimovic said they do have land that is useable there.
R. Tulis said if it stays with the town, it is really not an issue.
K. Acimovic said if it were sold off, they would need to prove the other section was accessible.
The commission discussed the property and its uses.
A. St. Louis asked if there were any deed restrictions on the property now.
J. Patton said no, the deed is simple. And the town has gotten its monies-worth out of the parcel.
L. Dion said there appear to be enough checks and balances.
The commission concurred there was no problem with the proposal.
A. ST. LOUIS MOVED THAT THE TOWN’S REQUEST FOR A PROPERTY SPLIT IS IN ACCORDANCE WITH SECTION 8-18 OF THE REGULATIONS AND IS NOT CONSIDERED A SUBDIVISION AS PER THE CONNECTICUT GENERAL STATUTES.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
MINUTES:
R. TULIS MOVED TO APPROVE THE MINUTES OF 04/17/01 AS AMENDED.
SECONDED BY S. TRUEB. UNANIMOUSLY APPROVED.
CORRESPONDENCE:
1. 4/25 letter from Kahan, Kerensky & Caposella, LLP. Re: Doty-93 Cemetery Road
2. Memo, Univ. of CT. workshop. Re: successful supervision
3. CC 5/3 letter to town Clerk from Dave Cushman, re: PZC resignation
4. 4/17 letter from Knight & Sons Construction, re: concrete block on property
5. CC 5/1 Notice of Violation to Ernest & Patricia A. Dobosz, re: junk cars
6. CC 5/1 Memo to S. Yorgensen from K. Acimovic, re: truck wash
DISCUSSION:
The commission discussed the use of various town properties for a potential library site.
STAFF REPORT:
None.
PLAN OF CONSERVATION AND DEVELOPMENT:
R. Tulis said the contract is not signed yet because he has been unable to meet with the contractor. It should be set very soon.
L. DION MOVED TO ADJOURN THE MEETING AT 9:30 P.M.
SECONDED BY R. TULIS. UNANIMOUSLY APPROVED.
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