TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF JANUARY 7, 2003 MEETING
A. Call to Order
St. Louis called the meeting to order at 7:30 p.m. at the Town Office Building 40 Old Farms Road, Willington, CT.
B. & C. Roll Call/Seat Alternates
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
S. Trueb, Secretary
M. Ellis (alt.)
N. Gray
P. Nevers
T. Radell
Members Absent: W. Goodale (alt.)
D. Lytwynn
Also Present: S. Yorgensen, Planning-Zoning Agent
S. Nimerowski, Recording Clerk
St. Louis seated Ellis for Lytwyn.
Public Hearing
1. Public Hearing for File #2002-47 – Application for modification of Special Permit to
expand business space by one-third – American Eagle Café & Bar, 15 River Road
(Map 5, Lot 3, Zone DC). Owner/Applicant: Amy Moore. (Received 11/19/2002,
Continued to 1/7/03, Decision by 3/18/2003.)
St. Louis went over the “ground rules” for the Public Hearing.
Trueb informed the Committee that he does volunteer work and fundraising for the Willington Fire Department, adding that the American Eagle and Heritage Oil are some of his contributors. It was the consensus of the Committee that if Trueb felt he could be impartial, there was no problem.
Amy Moore, applicant, gave out a copy of tentative parking arrangements. She said she had contacted Janet McAllister, who gave tentative approval for the restaurant part of the proposed plans. Ms. Moore gave Committee members copies of plans that included equipment.
St. Louis noted that he had a memo from Janet McAllister on file.
Ms. Moore said she had done some research since the last Public Hearing. She said she had a petition that various Willington businesses signed, as well as a petition signed by residents. She said she had contacted Troop C of the Connecticut State Police and they said they had no record of verbal complaints; she would have to send a letter to Middletown to get it in writing. Ms. Moore reiterated her plans to install a privacy fence to benefit Heritage Oil. She said that with her new entrance and exit, people should not be pulling into Heritage Oil’s parking lot by mistake. Concerning burnouts and other nuisances, she said she has no control over how people operate a motor vehicle; however, anyone who is caught will be kicked out permanently. She asked the Commission to clarify when
continual complaints from one person would become harassment.
St. Louis said the Commission deals with violations of special permits. He said that when a complaint is received in writing, the Zoning Enforcement Officer would address that by herself or with input from the Commission. Complaints unrelated to Planning and Zoning matters would be referred to the State Police, etc.
David Jennings of 142 Clint Eldredge Road, Willington, said he has frequented the Eagle for a long time and has never seen any disturbances. He said he would love to see a restaurant there.
Laura Brazeau of 33 Baxter Road, Willington, said she thought that Ms. Moore has done a tremendous job with American Eagle and has made it a nice place.
Elisa Noller of 43 Pompay Road, Ashford, the permittee for American Eagle, said she has helped to organize bike runs for charity. She said the establishment is a wonderful place, and she looks forward to the proposed expansion.
Dave Vertefueille of Ashford spoke, saying he is a member of one of the largest Harley groups in America and has been involved in a lot of charity work, which he described. He said he is a member of the American Pool Association and plays pool at the Eagle.
In response to an allegation that there have been 130 bikes at the Eagle at night, he said he has never seen that. He said the proposed restaurant would be a nice addition.
Mary Jo Bates of Hawkins Road, Woodstock, said she goes to the Eagle and plays pool. She said she thinks it is a great place.
Wayne Knight of 351 River Road, Willington, said he didn’t see that the proposal would have any impact on traffic. He said that Ms. Moore has put in a lot of effort and made a lot of improvements already.
Ken Metzler of 18 Baxter Road, Willington, said he has lived there for 17 years, and that for the past two years the noise at 2:00 a.m. has been unbearable. He said his wife has called the State Police on numerous occasions. He asked if this application is approved and the expansion takes place, what could the Commission do to ensure that noise would not be unbearable?
St. Louis asked Ms. Moore to reply to this concern.
Ms. Moore said she has a sign posted concerning the consequences of bad behavior, saying she tries to run a nice, quiet place.
Tulis commented that if the State Police do not act on a complaint, he would recommend the Willington Chief of Police, the First Selectman, be contacted.
Douglas Stanish, of 39 Y Road, Willington, said he wanted to reiterate some comments from the previous Public Hearing. He said that although he has no problem with what goes on inside an establishment, when people and vehicles overflow to his premises, the liability is then his. He said he had no desire to see the American Eagle expand.
Raymond LaBonte of 4 River Road, Willington, said that in his opinion people who speak in favor of the American Eagle don’t live near it. He said he has called police several times, but they do not respond.
Ed Ouellette of 28 River Road, Willington, said the noise level in the spring, summer and fall is tremendous, with the noise at 2:00 a.m. on weekends especially annoying. He said he is against anything that would increase motorcycle traffic.
Ms. Moore said she understands all these concerns, but she is not expanding capacity, just putting in decent bathrooms and three new pool tables. She said that seats will be taken away from the bar in order to have space for the breakfast/lunch restaurant. She also noted that the clientele for breakfast would be different that than for the bar. Ms. Moore said she has customers who are handicapped and she really would like to make the bathrooms accessible to them.
Ken Metzler asked if there were noise ordinances, and St. Louis replied that there are decibel limitations in our regulations that are consulted when considering an application. St. Louis said the Commission and staff have received a lot of information, including various written complaints. He gave Ms. Moore a copy of the package.
St. Louis asked if American Eagle has had live entertainment, and Ms. Moore replied no, just a CD player and jukebox. She said they did have a live band once, three years ago, and have wet T-shirt contests once in a while. St. Louis reminded Ms. Moore that absolutely no live entertainment is allowed.
St. Louis asked if the total capacity would be 48 seats, and Ms. Moore replied there would be 66 seats for both places combined. She said she has tried to change the image of American Eagle for the better.
Tulis asked Ms. Moore to explain who goes on when a poker run occurs. Ms. Moore replied that 50-100 bikers come in, eat food, draw cards, and then move on. They are there for maybe an hour. Tulis asked Ms. Moore if pig roasts were going to continue, and she replied no. He asked what Ladies’ Night consists of, and Ms. Moore replied it is just drinks for the ladies.
A brief discussion followed concerning the type of licenses the American Eagle has.
Tulis noted that the parking lot plan shows 39 spots for cars, 3 for handicapped, and 9 for motorcycles. He asked how a lot of bikes would be fit in. Ms. Moore replied that she is trying to figure out from the parking regulations how many are spots are required.
Yorgensen said she thought Ms. Moore has tried to make needed improvements. She indicated that Ms. Moore would have to request an extension of the Public Hearing if she would like to keep it open. She said that at the last Public Hearing for this application, it was brought out that the restaurant is a separate facility, and that would require a separate special permit. She noted that now Ms. Moore is asking for modification of the existing special permit that would not encompass a new type of business. She said that the statutes don’t allow a stand-alone bar; to remove the kitchen facilities might make it less conforming and that would not be allowed. Yorgensen said that any live entertainment, including wet T-shirt contests, is not allowed by the town. If the rules are not
followed, renewal of the Special Permit may be denied or a Cease and Desist Order issued. She said a parking plan needs to be in place, and special motorcycle parking would be fine. She said that performance standards have to be met because American Eagle is in a commercial zone. Yorgensen said that the number of people for or against the application doesn’t matter, that the Commission follows regulations in making decisions. She noted that the first thing the Commission considers is waivers.
Ms. Moore asked for an extension so she could go through the material she received. St. Louis said a written request was needed; a handwritten one would be fine. A 35-day extension would be maximum.
Radell said he had a question about the shared kitchen. Yorgensen said the existing special permit is for a café/bar, and that Ms. Moore is proposing to remove the majority of the kitchen equipment and put it in the proposed new facility, leaving only a few pieces to do appetizers.
Yorgensen asked Ms. Moore to keep in mind the Health District regulations and Commission regulations may not be the same, that Janet McAllister may say “yes” but the Commission “no.” She asked if the kitchen would be open for bar use after the restaurant closed for lunch, and Ms. Moore replied that by law she has to have food available to serve. Yorgensen noted that the Liquor Commission requirements and those of the Commission may be different. She asked Ms. Moore to give a sample menu of what would be available. She reiterated the position that increased non-conformity would not be allowed, and that Ms. Moore should conform to the current permit.
Ms. Moore submitted a written request for extension of the Public Hearing to Chairman St. Louis. He said the next meeting would be January 21.
MOTION: To accept extension of Public Hearing for File #2002-47.
By: Trueb Seconded: Tulis
Result: Motion passes unanimously.
MOTION: To continue Public Hearing on File #2002-47 to January 21.
By: Tulis Seconded: Radell
Result: Motion passes unanimously.
The Regular Meeting commenced at 9:07 p.m.
D. New Business
1. File #2003-01 – Application for modification of site plan for existing permit for sand
and gravel operation located on Trask Road (Map 29, Lot 4, Zone R80, 34 acres).
Owner/Applicant: Estate of Joseph Mihaliak/Mihaliak Trucking. (Received 12/27/02,
Decision by 2/18/03.)
Russ Heintz presented a map. He explained that he was not asking to move into Phase II but rather revising Phase I; there would be no Phase II. He said the excavation plan remains the same.
There was a brief discussion about how many inches of cover over the ledge is required, with Mike and Lisa Kenderdine, owners of Mihaliak Trucking, participating.
Yorgensen asked how many acres were in Phase I, and Mr. Heintz replied three. She said that in effect the request is for a modification to the approved site plan, with the two phases incorporated into one. She said she was concerned about sediment and erosion control.
A brief discussion ensued concerning the re-use plan, with Mr. Heintz maintaining that the re-use plan will not be changed.
MOTION: To approve modification on File # 2003-01 with original conditions
applying.
By: Trueb Seconded: Radell
Tulis said he thought the application should be more complete.
Motion amended to include the condition that the as-built be submitted to show that the final plans conform to the regulations.
Result: Motion passes 6-0-1 (Gray abstains).
2. File #2000-02 – Application for extension of File #2000-36 (original approval
11/21/2000) for a gasoline dispensing facility upgrade located at 327 Ruby Road
(Map 42, Lot 45, Zone DC, 47.15 acres). Owner: Royce Properties, LLC;
Applicant: TravelCenters of America.
Yorgensen explained this application to members of the Commission.
MOTION: To approve two years’ extension for File #2000-02 with all original
conditions still applying.
By: Ellis Seconded: Radell
Result: Motion passes 5-0-2 (Tulis, Trueb abstain).
E. Old Business
1. Public Hearing for File #2002-47 – Application for modification of Special Permit
to expand business space by one-third – American Eagle Café & Bar, 15 River Road
(Map 5, Lot 3, Zone DC). Owner/Applicant: Amy Moore. (Received 11/19/2002,
Hearing 12/3/2002, Continued to 1/7/03, Decision by 3/18/2003.)
The Public Hearing for this application has been continued to January 21, 2003.
F. Minutes
MOTION: To approve minutes of December 17, 2002.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
G. Correspondence
1. Christmas card from Branse & Willis, LLC
2. Memo dated January 6, 2003 from Janet McAllister to Willington Planning and
Zoning Commission
re: Application for a Special permit to expand the existing American Eagle Café
and Bar, located at 15 River Road, Willington, CT
3. Page 1464 from The Connecticut Law Tribune (December 23, 2002 issue)
4. APA Zoning News, received November 22, 2002
5. CRCOG Report on Zoning Referral 2002/123 dated November 12, 2002
re: Town of Ellington
6. Letter dated September 19, 2002 from TravelCenters of America to Sue Yorgensen
re: Extension of application, TravelCenters of America, Willington Gasoline Project
7. Memo dated January 2, 2003 from Staff to ZBA Members
re: Letter from Mr. Hisey dated 12/31/2002
8. Letter dated December 31, 2002 from Robert Hisey to Willington ZBA
re: Document distribution Public Hearing 2002-10 and other ZBA documents and
request for present to speak
9. Chart dated 10/21/2002, “Correspondence to Selectman’s Office,” page 1
Correspondence was reviewed.
H. & I. Discussion/Staff Report
Several items were discussed. Yorgensen noted that D. Palumbo’s term expired on December 17, 2002.
J. Adjournment
MOTION: To adjourn at 10:10 p.m.
By: St. Louis Seconded: Gray
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
| 
