TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF JULY 1, 2003
A. Call to Order
St. Louis called the meeting to order at 7:31 p.m.
B. Roll Call
Members Present: A. St. Louis, Chairman
R. Tulis, Vice-Chairman
M. Ellis (alt.)
N. Gray
T. Radell
Members Absent: W. Goodale (alt.)
D. Lytwyn
P. Nevers
Also Present: G. Jones, Assistant 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, 6/3/2003, 35-day extension
requested and approved, continued to 6/17/2003 (6/17/2003 meeting canceled),
continued to 7/1/2003; Decision by 9/2/2003.)
Chairman St. Louis said that this was a continuation of the Public Hearing for this application.
Atty. Capossela recapped past events and discussions. He said that on March 4 there was a preliminary discussion about his client’s plans. He said that they submitted an application for proposed changes to zoning regulations on March 26. He said the Public Hearing opened on May 6 and it was then that they proposed a regulation change. The five items in this proposal were as follows: 1) Changing the buffer from abutting property to be 200 ft. from the zone line. 2) Extend operation of campground over the winter season. 3) Type of recreational vehicles allowed. 4) Two dwelling units. 5) Allow as accessory uses camp store, office, banquet facility. Mr. Capossela said that in his May 5 letter the town attorney, Atty. Branse, gave comments and listed certain
issues. Mr. Capossela said that on May 15 he provided a revised proposal; that revision was done with a conference call with Sue Yorgensen, Planning and Zoning Agent. He said the hearing was continued to May 20, and his colleague Ms. Dory Reiser was present at that hearing. He said the hearing was left open while Atty. Branse commented, and subsequently Atty. Branse wrote a letter dated June 10. Atty. Capossela said the June 17 meeting was canceled for lack of a quorum. He said a new revision dated today, July 1, 2003 has been completed, and copies are available.
St. Louis confirmed receipt of Atty. Branse’s June 10 letter.
Atty. Capossela stated that he was “somewhat upset” by the tone of Atty. Branse’s letter and had a long talk with Atty. Branse on Friday, June 27. He said he felt that Atty. Branse has a few valid points and that they’ve tried to address them. Atty. Branse’s “problems” with enforceability have been addressed in the revision dated today, July 1. He disagreed with Atty. Branse’s opinion that they were “totally unenforceable.” He said that contrary to Atty. Branse’s letter, the renewability issue has been addressed.
Discussion about the order of events and whether a zone change should come first.
Atty. Capossela said that concerning Section 11.19.06, Limitation on Campground Occupancy, he thinks a residency requirement is enforceable. He disagreed with Atty. Branse’s comment that they are seeking to convert a campground into a mobile home park. He said that the water will be shut down from December through February.
Atty. Capossela said that concerning Section 11.19.08, Campsites, Atty. Branse’s concerns will be addressed in the revisions.
Atty. Capossela said that concerning Section 11.19.19, Accessory Uses, they want to keep the word “primary” instead of “exclusive.” He said that music/live entertainment hours could be limited as part of a special permit.
Atty. Capossela said that concerning Section 14.03.05, Sale of Alcohol, the Commission must make a decision about what types of uses that would be allowed and what controls would be in place.
At this point Atty. Capossela handed out his client’s proposed regulation changes dated July 1, 2003.
Atty. Capossela went over a new proposed change to Section 11.19.02, Buffering. The change would be to the last sentence, which would now read: “The Commission may, at its discretion, reduce the buffer area to no less than fifty (50’) for campsites and no less than one hundred (100’) for buildings or structures used for active recreational purposes.
Atty. Capossela went over new proposed changes to 11.19.06, Limitation on Campsite Occupancy. He said this was rewritten to be more restrictive and easier to enforce in response to comments made by Planning and Zoning, Atty. Branse, and Sue Yorgensen.
After a brief discussion about the days the campground would be open, Tulis suggested the following change to the first sentence of the second paragraph of the new proposed changes (in italics):
During the period from December 1 through the last day in February of the following year (the “Off Season”), a maximum of 20 campsites shall only be available for use on Fridays, Saturdays, Sundays and Mondays, and everyday during the period from December 20 through January 3 of the following year.
This change was agreeable to all present.
Atty. Capossela said that specifying exactly which days (Tuesdays, Wednesdays, and Thursdays) the campground will be closed during the Off Season should be helpful.
Concerning the proposed new 11.19.08, Campsites, section, Atty. Capossela said this section is now more restrictive and the term “Park Model” has been removed.
Concerning the proposed new 11.19.18.01, Atty. Capossela said they have restricted the campstore to 1500 sq. ft. for retail sales.
He said 11.19.18.02 remains the same as their original proposal.
Atty. Capossela said that for 11.19.18.03, the alcohol section was rewritten for the Connecticut Liquor Control Commission. He said the earlier draft speaks of money, and they have rethought this since a non-profit may want to charge a fee.
Atty. Capossela said that under 11.19.18.04, music and/or live entertainment, two sentences have now been added.
He said that 11.19.18.05 has the words “as accessory uses to the campground” added. He said this section has been simplified in accordance with Atty. Branse’s suggestions.
Atty. Capossela said that the sentence “The following Classes of permits shall be prohibited in the DR Zone: 1, 2, 3 and 6” was added to make the regulations consistent, and that changes to 11.18.02 address a concern of Atty. Branse’s.
Gray asked what safeguards could be put in place to prevent the owner having a private party inviting the public and saying those people are his friends. He also asked about live entertainment at private parties.
St. Louis said that the types of allowed private parties could be listed.
Atty. Capossela said he felt that this would be better done at the time of requesting a special permit, since it is difficult to list everything.
Tulis commented that the regulations apply to anyone from this point on, so Atty. Branse is right to be conservative.
Atty. Capossela asked if people in the neighborhood would be allowed to picnic at the campground, possibly with a season pass. St. Louis answered that discussion on these issues could be taken up at a later date.
Jones said that Yorgensen has printed out some definitions from the internet that may be helpful to the Commission, as well as catering and liquor permits.
MOTION: To close the Public Hearing on File #2003-16.
By: Tulis Seconded: Radell
Result: Motion passes unanimously.
REGULAR MEETING
The Regular Meeting was called to order at 8:46 p.m.
D. New Business
1. 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, 65-day extension requested and approved to 7/15/03;
Decision by 9/16/03.)
St. Louis said that this application is still in the extension period. Jones commented that the applicant will have to do another extension or else withdraw the application.
2. File #2003-27 – Application for a (2) lot subdivision on property located at 117 Old Farms Road (Map 17, Lot 33A, Zone R80). Owner/Applicant: Sharon Dunston. (Received 6/17/2003, Hearing by 8/19/2003, Decision by 10/21/2003.)
MOTION: To set Public Hearing for File #2003-27 for August 19, 2003.
By: Gray Seconded: Tulis
Result: Motion passes unanimously.
MOTION: To set date for site walk of August 16 at 9:00 a.m. with rain date of
August 17 at 9:00 a.m.
By: Tulis Seconded: Gray
Result: Motion passes unanimously.
3. 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 Café (Map 5, Lot 3, Zone DC). Owner/Applicant: Amy Moore. (Received 5/20/2003, Public Hearing 7/15/2003, Decision by 9/2/2003.)
Jones said that the applicant notified the abutters incorrectly. A Public Hearing has been scheduled for July 15.
E. 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 continued from 5/6/2003 to 5/20/2003, 6/3/2003, 35-day extension requested and approved, continued to 6/17/2003 (6/17/03 meeting canceled), continued to 7/1/03; Decision by 9/2/2003.)
The Public Hearing was closed tonight on this application. Information submitted at the Public Hearing was discussed.
F. Minutes
MOTION: To approve minutes of June 3, 2003.
By: Tulis Seconded: Gray
Result: Motion passes unanimously.
G. Correspondence
1. Letter dated June 30, 2003 from the Land Use Department to Cordless
Transfer,Inc.
re: Proposed Telecommunications Tower
2. Memo dated June 20, 2003 from Janet McAllister, Town Sanitarian, to Planning
and Zoning
re: Application for Bathroom Addition and Remodeling at American Eagle Café
3. Complaint Form dated June 23, 2003 from Raymond LaBonte, 4 River Road to
the Town of Willington
re: American Eagle Café
4. Complaint Form dated June 23, 2003 from Stephen Greene, 4 River Road, to the
Town of Willington. re: American Eagle Café
5. Notice of Violation dated June 18, 2003 from Planning and Zoning to Joseph Vesely, 9 Luchon Road
6. Letter dated June 18, 2003 from Planning and Zoning to Robin Lefevre
re: Temporary/Portable Structures
7. Letter dated June 13 from Planning and Zoning to David and Johanna Tessier
re: Temporary/Portable Structures
8. Letter dated June 13, 2003 from Planning and Zoning to Andrew and Doris
Braccidiferro, 5 Cowles Road
re: Temporary/Portable Structures
9. Letter dated June 13, 2003 from Planning and Zoning to Bruce and Alice Molloy, 152 Balazs Road re: Temporary/Portable Structures
10. Letter dated June 13, 2003 from Planning and Zoning to Joseph W. Mencarelli,
Map 22/Lot 005-00
re: Temporary/Portable Structures
11. Letter dated June 4, 2003 Susan J. Cramer, 86 Willington Hill Road
re: Temporary/Portable Structures
12. Letter dated June 4, 2003 from Planning and Zoning to Karen M. and William
Bartholomew, Jr., Map 14/Lot 011-0A
re: Temporary/Portable Structures
13. Letter dated June 4, 2003 from Planning and Zoning to Jane D. and Robert J. Zeiger, 271 Ruby Road
re: Temporary/Portable Structures
Correspondence was reviewed.
H. Staff Report/Discussion
None.
I. Adjournment
MOTION: To adjourn at 9:20 p.m.
By: Tulis Seconded: Ellis
Result: Motion passes unanimously.
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
| 
