TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF MAY 20, 2003 MEETING
A. Call to Order
St. Louis called the meeting to order at 7:30 p.m.
B. Roll Call
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
M. Ellis (alt.)
N. Gray
P. Nevers
T. Radell
S. Trueb
Members Absent: W. Goodale (alt.)
D. Lytwyn
Also Present: S. Yorgensen, Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
St. Louis seated Ellis for Lytwyn.
PUBLIC HEARING
1. File #2003-16 – Application for Zoning Regulation Changes to Section 11.19
regarding campgrounds. Applicant: KMC, LLC. (Received 4/1/2003; Public
Hearing continued from 5/6/2003 to 5/20/2003; Decision by 6/17/2003.)
St. Louis explained that there had been correspondence between Atty. Capossela’s office and Zoning Agent Yorgensen. He handed out copies to the Commission.
Dory Reiser of the law firm Kerensky, Kahan, & Capossela explained that they had submitted revisions dated May 15, 2003, and that Yorgensen had changed them a bit. She said they are comfortable with Yorgensen’s changes. She said that all along they had proposed 5 changes. Ms. Reiser read the first, 11.19.02, Buffering, and spoke of side yards. Tulis said that his concern with the 50 ft. is that it didn’t apply to active recreational. He said it is possible to reduce buffering on sites but he was not sure about the original intent on the other items. Ms. Reiser said that in the DR regulations, 100 ft. from ballfields is required. She suggested a 50 ft. buffer for campsites specifically. Tulis said that the buffer on sites could be flexible, but not on
structures. Ms. Reiser suggested a wording of “50 ft. for campsites” and “100 ft. for other uses.”
On Section 11.19.06, Ms. Reiser said there were very little changes. Occupancy would be for no more than 4 consecutive nights, and the new portion would have a maximum occupancy of 20 nights per month.
On Section 11.19.08, Ms. Reiser said the Commission didn’t like the term “structure” before.
St. Louis said that Atty. Branse had not reviewed these comments yet and we wouldn’t act on anything until he has done so.
Ms. Reiser said they wanted to expand on the type of camping units allowed, but are not requesting this expansion for now. She said that Section 4 deals with creating a new 11.19.18, creating two uses instead of one. St. Louis commented that any building would have to be an accessory. Concerning the camp store, Ms. Reiser said the office use would be by owner/manager and/or caretaker.
St. Louis asked about the capacity of their conference or banquet facilities, both inside and outside seating, and Ray Crossen replied that the building has an official capacity of 167, and outside could accommodate about 100. He said that parking would be in the fields. Ms. Reiser said they could write in whatever number the Commission wished. Assistant Agent Jones said he will want to see plans for parking. Tulis noted that parking would be just for occasional events.
Ms. Reiser said there may be problems getting a bank loan for a house listed as an accessory use to a campground. She requested a change in wording. St. Louis said the Commission may have a problem with this request.
Ms. Reiser asked if the members could vote on the regulation sections separately; she said Atty. Branse said this could be done. St. Louis said it can’t be done that way, that it should be kept as one application.
Tulis said that buffers should not be confused with yards.
Ms. Reiser agreed to a continuation of the Public Hearing.
MOTION: To continue the Public Hearing on File #2003-16 to June 3, 2003.
By: Trueb Seconded: Tulis
Result: Motion passes unanimously.
REGULAR MEETING
The Regular Meeting was convened at 8:40 p.m. with the same members seated.
D. Pre-Application
1. Proposed Daycare Facility on land located on the east side of Route 32, near the
corner of Route 32 & Route 74 (Map 30, Lot 15, 2.25 acres). Gina Arcand & Cindy
Howell.
Ms. Arcand said they wanted to connect two building to meeting the state regulations and also meet town requirements. She said they want to purchase the property now and have the buildings finished before the fall is at all possible.
Jones said that the DNC (Designed Neighborhood Commercial) zone regulations state that the structure can’t exceed 5,000 sq. ft.; all buildings on the lot are not to exceed 10,000 sq. ft. He said when the buildings are connected in any way, they become one building. He said a break is needed, even if it is minimal.
Tulis suggested having two buildings with two roofs of different heights.
Jones said that livable floor area in the basement has to be taken into account. He said that a walkout basement meets the definition of livable floor area.
Ms. Arcand explained that state regulations require 35 sq. ft. of usable floor area per child. She said that 7,500-8,000 sq. ft. is needed altogether, 5,000 for the children and the rest for storage and offices.
A brief discussion ensued concerning the definition of “basement” vs. “cellar.” St. Louis said that half of the basement has to be above grade to be considered a basement. Jones said that a cellar uses a hatchway, a basement a walkout.
Jones offered to talk to either applicant during office hours.
Tulis said the applicant could apply for a regulation change or a zone change. Jones commented that the acreage is not enough to change it to another zone. The consensus of the Commission is that the applicants should asked for a language change in the regulations.
St. Louis said that the state driveway regulations and setbacks have to be considered since the proposed day care center will be on a state road (Rt. 32). Tulis said that driveway and traffic issues have to be considered by the state.
Tulis said that DNC zones are designed to look good next to R80s. Jones said the structure should look like a house.
E. New Business
1. File #2003-24 – Application to modify existing special permit to include two new
bathrooms, floor space, and pool table for property at 15 River Road, American Eagle
Bar and Cafe (Map 5, Lot 3, Zone DC). Owner/Applicant: Amy Moore. (Received
5/20/2003, Public Hearing by 7/15/2003, Decision by 9/16/03.)
MOTION: To have Public Hearing for File #2003-24 on July 1, 2003.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
2. File #2003-25 – Application for special permit for beauty salon for property at 11
Phelps Plaza (Map 30, Lot 14, Zone DC). Owner: C & S Willington Limited
Partnership; Applicant: Sioux Beyer. (Received 5/20/2003, Public Hearing by
7/15/2003, Decision by 9/16/03.)
MOTION: To have Public Hearing for File #2003-25 on June 3, 2003.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
3. File #2003-21 – Application for Zoning Regulation Changes to Section 3.78 regarding
dog kennels. Applicant: Baywood Kennels, LLC. (Received 4/15/2003; Public
Hearing 6/3/2003; Decision by 7/15/2003.)
The Public Hearing on this application has been set for June 3, 2003.
St. Louis said that Atty. Branse has sent out a memo on this application.
4. File #2003-15 – Application for Zone Change for property on 150 Village Hill Road
(Map 47, Lot 36A and Map 43, Lot 124) Rainbow Acres Campground (aka
Wilderness Lake). Owner/Applicant: KMC, LLC. (Received 4/1/03; Public
Hearing by 6/3/03; Decision by 7/1/03.)
St. Louis said we have a request from Atty. Capossela requesting a 65-day extension.
F. Old Business
1. File #2003-16 – Application for Zoning Regulation Changes to Section 11.19
regarding campgrounds. Applicant: KMC, LLC. (Received 4/1/2003; Public
Hearing 5/6/2003; Decision by 7/1/2003.)
St. Louis said we are waiting for feedback from Atty. Branse on this application.
G. Minutes
MOTION: To approve April 15, 2003 minutes.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
Gray requested one change in the May 6, 2003 minutes: on page 1, last sentence, change “The idea” to “His idea.” Recording Clerk Nimerowski pointed out that Atty. Capossela’s name was misspelled in the minutes; she said she would make corrections.
MOTION: To approve May 6, 2003 minutes as amended.
By: Trueb Seconded: Tulis
Result: Motion passes unanimously.
H. Correspondence
None.
I. Staff Report
None.
J. Discussion
None.
K. Adjournment
MOTION: To adjourn at 9:37 p.m.
By: Trueb Seconded: Nevers
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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