TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF JULY 15, 2003
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
T. Radell, Secretary
M. Ellis (alt.)
D. Lytwyn
Members Absent: W. Goodale (alt.)
Members Excused: N. Gray
P. Nevers
Also Present: S. Yorgensen, Planning and Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
St. Louis seated Ellis for Gray.
PUBLIC HEARING
1. File #2003-24 – Application to modify existing special permit to include two new
bathrooms and floor space for property at 15 River Road, American Eagle
Bar and Café. (Map 5, Lot 3, Zone DC). Owner/Applicant: Amy Moore. (Received
5/20/03, Public Hearing 7/15/2003, Decision by 9/2/2003.)
St. Louis said this application was for an increase in floor space and new bathrooms. He said the plan presented here tonight was revised June 23, 2003.
Amy Moore gave details of the proposed changes and renovations. She said the addition would amount to 300-400 sq. ft. She said she would be taking about one-third of the space next door to put the bathrooms against the wall. This would give additional space for the kitchen and a mop closet. She said she very much wants to meet state requirements for handicapped bathrooms, requirements that are not being met at this time. She said the extra space would be for sight only so the help would be able to see what’s going on.
Elizabeth Robertson of 49 Mirtl Road asked if the capacity would be increased, and Ms. Moore replied that it would not, that it would stay at 48 seats.
Yorgensen commented that Planning and Zoning put a limit on seating as a result of the sanitarians recommendation, based on the health code. She said that she believed occupancy limit falls under the Fire Code.
Ken Uppling of 17 River Road said that when the continuation of the special permit was granted, the applicant promised things. He asked the Chairman if these had been done. St. Louis replied that the required parking plan was received May 30, 2003. Yorgensen said the applicant was not required to put up a fence.
Raymond LaBonte of 4 River Road said that the American Eagle was dangerous, that a person can’t see to get in and out of it. He said he would like to see “No Parking” signs on Rt. 32 in front of the café.
Douglas Stanish of 39 Y Road, who owns a business next door, asked how many people will actually be allowed there at the café. Yorgensen replied that the Commission has already put a number on the amount of seats based on the Town Sanitarian’s recommendations at that time. She said the Fire Marshal may or may not increase the occupancy limit. Several other citizens expressed concern about a possible increase in patronage.
Gigi (Georgette) Chalou of 85 River Road said she wants the bathrooms remodeled so that requirements of the American Disabilities Act are covered fully.
Yorgensen reminded the public that any comments from the previous application will not be considered for this application unless they are submitted during this hearing.
Ken Metzler of 18 Baxter Road said he gets awakened from a sound sleep at 2:00 a.m. He said he is concerned about more people and their loud motorcycles.
Ken Uppling asked if the bathrooms could be redone without expanding the business, and Ms. Moore replied no. She said she fixed up the outside of the building and now wants to fix up the inside. She said she has banned people doing burnouts and tries to keep the noise level down.
Douglas Stanish reminded the Commission that it has a responsibility to the community.
Gigi Chalou said that this place has been in business for over 35 years and is a landmark.
Raymond LaBonte said that since it’s been a bike bar, “It’s been Hell.”
Elsie LaBonte of 10 River Road said her house was built in 1947 and she wouldn’t have had it built it she knew the café would be there.
Ken Metzler asked if any alternatives had been proposed. St. Louis replied with details of the original application. He said that the additional space would be utilized as
bathrooms, more kitchen space, and more floor space. Ms. Moore said that 125-150 sq. ft. of the requested addition would be for handicapped-accessible bathrooms.
Eliza Knowler, daughter of the applicant and an employee of the American Eagle, said that putting in new bathrooms “is not a lot to ask.”
Elsie Johannsen of 62 Pinney Hill Road said she works at the American Eagle and thinks that Ms. Moore has improved the place.
Michele LaPrad of 41 Lucerne Dr. said that handicapped people need to use the bathroom facilities too and that presently if someone is in a wheelchair they can not use the rest room.
Tulis asked for overall dimensions from front to back, and Ms. Moore replied that she did not know but it would be on the town records.
Tulis said the burden is on the applicant to comply with town regulations. He said we need to know things like dimensions and we require a floor plan that reflects what you’d like to do. He said the Commission does not have enough information, and that his recommendation would be to hold the Public Hearing open until we get a response from the Fire Marshal. He said we need a floor plan that’s to scale. He said he thought the applicant could fix the bathrooms without expanding the floor space or the bar.
Ms. Moore disagreed.
Tulis said the applicant has an existing non-conforming use.
Ms. Moore said the extra space allows the employees to monitor what’s doing on. She said they have to be able to see from the bar.
Radell questioned the credibility of the applicant. Ms. Moore responded strongly and emotionally, saying that she would not make any other improvements if this application was not approved. She and several others left at that time.
St. Louis said that no decisions have been made. He explained the Public Hearing process. He said that if some evidence is brought forward that a business is in violation of the regulations, we make note of it.
Tulis said that a Public Hearing is a fact-finding process, not a popularity contest. He said the Commission wants to see how the application meets our regulations. He said we go by the facts.
Douglas Stanish asked when Ms. Moore is going to light the parking lot and Yorgensen replied that with a non-conforming business or an existing facility we don’t hold them to the same standards as new construction. She said that we may look at lighting, but normally we don’t.
St. Louis reminded the public that complaints about a business have to be in writing.
Tulis said that he would like to get the Fire Marshal’s feedback before the Public Hearing is closed. Lytwyn said he had questions about how the Fire Marshal determines capacity and also about the ADA regulations. Yorgensen made a note to secure this information.
Yorgensen said that the Fire Marshal in his May 29 letter specifically requested a plan to scale. She said that Ms. Moore would be asked to submit a floor plan to scale, and with dimensions for the Fire Marshal and the Commission.
St. Louis said that Yorgensen will contact the applicant about what needs to be submitted.
MOTION: To continue Public Hearing on File #2003-24 to August 19, 2003.
By: Tulis Seconded: Radell
Result: Motion passes unanimously.
The Commission had a short break from 8:47 p.m. to 8:53 p.m.
REGULAR MEETING
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.)
MOTION: To call Special Meeting on August 5 for opening of Zone Change and
Public Hearing on File #2003-15.
By: Radell Seconded: Tulis
Result: Motion passes unanimously.
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, Site Walk 8/16/03 at 9:00 a.m., rain date 8/17/03 at 9:00 a.m.;
Hearing on 8/19/2003, Decision by 10/21/2003.)
This Application is pending.
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 (6/17/2003 meeting canceled) continued to 7/1/2003; Decision
by 9/2/2003.)
St. Louis referred to “Revisions to Proposed Amendments to Section 11.19 Regarding Campgrounds,” dated July 1, 2003. He noted that Commission member Gray has sent some of his comments on this revision.
Tulis said that this is a relatively easy thing to evaluate, but that the difficulty lies when abutting land has the potential to be subdivided. He said we should be far-sighted and cautious about reducing the buffer area from 200 ft. to 100 ft. for “buildings or structures used for active recreational purposes.”
Discussion about acres needed for zone change and/or campground.
Tulis said the larger the buffer we insist on, the better for everyone, within reason. He said that “active recreational uses” may create noise.
Yorgensen reminded the Commission that this regulation change is not for this piece of property. She said that allowing campsites 50 ft. from the property line would violate the setback in the zone, Section 8.02. There was discussion about evergreen buffers. Several Commission members said that the 50 ft. buffer area might be all right for tenting sites but not for recreational buildings.
On the proposed 11.19.06, Limitation on Campsite Occupancy, Tulis pointed out that the season has been “stretched,” making a campground into more of a resort. It was noted that the July 1, 2003 minutes, page 3, change the wording of this section.
Tulis asked if anything would prohibit the condo-like sale of a site, and Yorgensen replied nothing in the Towns regulations that she was aware of. A discussion ensued.
11.19.08, Campsites. There was discussion about the definition of “portable structures.” Tulis suggested removing the phrase and instead defining “tents.”
11.19.18.01, Camp Store. No one was opposed to a Camp Store. Yorgensen noted that presently we don’t allow the sale of alcohol at campgrounds or at any recreational use. A discussion followed concerning the sale of beer and whether it would have a detrimental effect. Yorgensen said that she could not support a change in section 14 allowing the sale of alcohol.
11.19.18.02, Office. The Commission agreed that this was acceptable.
11.19.18.03, Conference or Banquet Facilities. St. Louis said there is a need for something like this in the community. Tulis suggested our contacting Atty. Branse and saying that the Commission is generally in favor of permitting this kind of operation, but asking for any cautions he may have. It was requested that the 4th sentence read as follows: “If alcoholic beverages are to be sold or served at an event or function, the host of the event or the caterer must comply with the Connecticut Liquor Control Act, any applicable regulations of the Connecticut Liquor Control Commission, and section 14 of these regulations.”
11.19.18.04, Music/Live Entertainment. St. Louis noted that this would be the first time music or live entertainment would be allowed in the regulations. He asked what this would do to the rest of the regulations.
Yorgensen said it is specifically prohibited in a commercial zone. The consensus was that the commission was generally in favor of this.
11.19.18.05, Owner/Caretaker Dwellings. Tulis said that he felt only one residence should be allowed. Yorgensen said Gray commented that he thought only one residence would be required. Yorgensen suggested and the Commission agreed to add back in the following section in the second sentence: The dwellings shall comply with the provisions of sections 4 and 8 of these regulations and with all other provisions of the Willington Zoning regulations.
11.18.02, General Provisions, St. Louis noted that Atty. Branse’s comments on live entertainment were based on a previous submission by KMC, LLC.
The application was continued to August 19.
F. Minutes
Tulis asked for one change to page3, third paragraph, change “everyday” to “every day.”
MOTION: To approve July 1, 2003 minutes as amended.
By: Ellis Seconded: Radell
Result: Motion passes unanimously.
G. Correspondence
1. Letter dated July 10, 2003 from Richard Mueller, 5 Common Road to John Patton,
First Selectman
re: Noise on the Town Green
St. Louis said that Planning and Zoning has no jurisdiction on this. He said we have never regulated the green. The Green is non-conforming, and Town sponsored functions on the green have occurred long before zoning was adopted.
2. Petition submitted by Elsie Johansen 7/7/03 and signed by 66 legal residents of the
town
re: Live Entertainment
Yorgensen said she will ask Atty. Branse about this matter.
H. & I. Staff Report/Discussion
Temporary shelters were discussed.
J. Adjournment
MOTION: To adjourn at 11:15 p.m.
By: Radell Seconded: St. Louis
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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