TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF FEBRUARY 17, 2004
A. Call to Order
Radell called the meeting to order at 7:38 p.m.
B. Roll Call
Members Present: T. Radell, Chairman
P. Latincsics, Vice-Chairman
M. Ellis, Secretary
M. Dinallo (alt.)
N. Gray (alt.)
A. St. Louis
P. Nevers
R. Tulis
Members Absent: T. Lough (alt.)
Members Excused: D. Lytwyn
Also Present: S. Yorgensen, Planning/Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
Radell seated Dinallo for Lytwyn.
PUBLIC HEARING
File #2003-49 – Application for a modification of a preliminary site development and land use concept plan for a Designed Recreation zone for property at 150 Village Hill Road (Map 43, Lot 24, Zone DR). Owner/Applicant: KMC, LLC. (Received 1/6/04; Decision by 3/2/04.)
File #2003-50 – Application for a Special Permit and final site development plan for a campground including a caretaker residence, general store and banquet hall at 150 Village Hill Road (Map 43, Lot 24, Zone DR). Owner/Applicant: KMC, LLC. (Received 1/6/04; Site Walk 2/14/04, 10:00 a.m.; Public Hearing on 2/17/04; Decision by 5/4/04.)
Since these files are interrelated, Tulis suggested doing them at the same time.
Mark Peterson said that he is asking for approval for a preliminary site development plan and also a special permit. He said information on both applications has been incorporated into one map. He pointed out the differences between the preliminary, final, and special permit approvals. He passed out several copies of maps and “walked through the site.” He said they are asking for final approval and a special permit for the caretaker house. He said there will be a new septic system and well there. He said there will be no water and therefore no septic system for the general store. He said they are proposing adding a new bathroom and leach field to the rec hall. He said the north side of the lake is a code-complaint area. He said they had done numerous test
pits that show suitable soil. He said all 4 septic systems have received approval, and showed the approval letters. He said they are presently approved by the Health Department for 57 campsites; they hope to increase this in the future. He said Inland Wetlands have given their approval for proposed plans.
Applicant Ray Crossen elaborated on the rec hall/banquet facilities. He said the building is approx. 4,000 sq. ft., and they are not looking to expand except to add a handicapped bathroom. He said that during the camping season it will be used for campers, and during the off-season he would like it to be available to the public for baby showers, weddings, anniversary parties, and the like.
Peggy Ellis, 143 Village Hill Road, said she lives almost directly across the street. She said she is concerned about people coming from the banquet hall and drinking and driving too fast on the curvy road. She said she was also concerned about more trash on the road. She said that liquor being allowed in the banquet hall is not within the design of a campground. She said she moved to Willington because it is supposed to be part of the “Quiet Corner” of the state.
David Ellis said he would not like to be awakened at 2:00 or 3:00 a.m. because of noise. This is a residential area.
Jan Belair, 170 Village Hill Road, said her property is close to the 57 campsites, and would like to see them pointed out on the map.
Ray Crossen said that he had had 80 campsites, but the number has been reduced to 57 because they are adding a caretaker’s house. Mr. Peterson pointed out the areas on the map.
Jan Belair said the new owners done nice job so far. She said that a two-foot gully needs to be fixed on Village Hill, and asked that it be fixed. She said that last summer she “experienced noise like she’d never heard before,” a few times. She said she didn’t want to hear noise past midnight and is concerned about the possibility of noise from the banquet facility.
Ray Crossen said that those two occasions when there was extremely loud music in the neighborhood did not involve his property. He said he doesn’t allow music after 11:00 in the campground, and fires are out at midnight. He said he only had to escort two young people off the campground during the last season. He said he does hand out rules and regulations to his campers, and gives a copy to the town as well.
Jan Belair asked that the area be patrolled more frequently. She said the banquet facility, which she would call a “party hall,” will bring many more cars to the neighborhood. She said she hopes that Mr. Crossen respects the neighborhood.
Jim Poole, 96 Spak Road, asked if the caretaker’s house will be seasonal or year-round.
Ray Crossen replied that it will be year-round, with an approximate size of 2,000 sq. ft. He said it will be located 335 ft. from the road, so it should not be visible.
Richard Nato said he had camped there last year, and the noise level is much improved under the new ownership. He said that Mr. Crossen “is always there.”
David Ellis asked if the proposed store would have a liquor license, and Yorgensen replied that it is not allowed under their regulations. Liquor will have to be brought into the banquet hall. Mr. Ellis asked about banquet hall hours, and Mr. Crossen replied that the facility will close at midnight. He said that most weddings book for 5:00-10:00 p.m. He said that during the camping season, April 1 – November 30, the hall could be used 7 days/week; from December 1 – March 31, the hall could only be used Friday, Saturday, or Sunday except for two weeks during the Christmas season.
Jim Poole asked who sets the hours, and Tulis replied that there is a section in the regulations that allows us to limit the hours.
In answer to a question by Tulis, Mr. Peterson explained the code-complaint areas.
Tulis asked if Mr. Crossen is metering the water usage now, and Mr. Crossen replied that he is, and will continue to do so.
Yorgensen gave out copies of the preliminary site development plan and explained the history of it. Tulis said that modifications to the preliminary plan has to do with number of campsites, the addition of the store, the handicapped bathroom addition to the rec hall, the caretaker residence, and perhaps a re-arranging of recreational areas.
Mr. Crossen explained that the 9-hold miniature golf course is now being shown, and the trailers that have been removed have been deleted.
Tulis asked about the gate at the end of the driveway, and there was discussion on this. Mr. Crossen said the gate will be moved back 350 ft., and he will probably have a secondary gate as well. He said he is concerned about pull-alongs not being able to exist if they pull in off-season. He said he is looking into having an automatic gate, but will have a manual one for now. He said he is looking for some sort of a “pass” that would work at the bath house and the gate. He said they’d have a record of an individual’s comings and goings. He said the gate would be closed at 10:00 p.m. for security reasons. Mr. Radell said that if the gate is to be changed they would have to come back to the Commission.
Gray asked about the dam. Mr. Crossen said they have set up a meeting with the DEP. He said they have a list of items that needs to be addressed. He said the dam needs to be mowable and the steep part of bank has to be mowed once a year. He said no trees are allowed within 30 ft. of the dam. He said they have complied with everything so far.
St. Louis asked if the music at the hall will be limited to the interior, or if there will be exterior speakers as well. Mr. Crossen replied that there will not be any speakers outside. He also said that one of the items on Yorgensen’s check list is lighting, and the only outside lighting will be the muted lighting that currently exists.
Latincsics asked about parking for banquet hall events, and Mr. Crossen replied he will not be renting the hall when the campers are there. He said valet parking will be offered, with the cars parked on the campsites.
Radell asked if the hall will be rented to outside parties during the camping season, and Mr. Crossen replied that during the camping season the hall will be used for campers, and off-season he will rent to others.
Jan Belair asked what events have already been held there, and how many people attended. Mr. Crossen said he has allowed the hall to be used by friends. At the Parizek retirement party, 150 people attended and the music was off by 11:00 p.m. He said there have also been four baby showers and ten birthday parties.
Ms. Belair asked about the site walk, and Yorgensen replied that it was noticed as a special meeting. She asked why the Mack truck is located on Village Hill Road, saying she doesn’t like vehicles so close to the road, and Mr. Crossen replied that an engine is being installed. She asked if the area was zoned for this kind of work. Mr. Crossen said that was not pertinent to the applications at hand. Radell said that written complaints can be lodged if there is a problem.
Ms. Belair said she also wanted to know about the easement, and Mr. Crossen replied gave the history of it. He said Joe Halchek kept the easement so he can access his property.
Jim Poole asked how many of the 57 sites are seasonal, and Yorgensen replied that regulations only allow 20 sites to be used during the fall and winter season, and 57 are seasonal. Mr. Crossen said the season runs from April 1 through November 30. He said there are no seasonal sites in the pine grove area. Mr. Poole asked if units could be left there 365 days/year, and Mr. Crossen replied that they could. He said all except one was removed last year; the remaining one was stored up on high ground where the electricity is turned off. He said if he had 37 units in-season, he could allow 37 to pay storage. Yorgensen said that Mr. Crossen had not shown any area for storage, so unless the application is modified, he would be in violation. She said plans should be amended to show the
storage areas. Mr. Crossen replied that this doesn’t need to be addressed until December.
Yorgensen said that on the off-season, the campground can’t be open Tuesdays, Wednesdays, and Thursdays, except from December 20-January 3 when it can be open 7 days/week.
There was discussion about the screening for the dumpster. Yorgensen said it was required, and that nothing appeared on the plans. Mr. Crossen said the area is fully treed now. Tulis suggested that a note on the map be shown, such as “Existing vegetation will remain.” Mr. Crossen said he would also mark the area with “No tree cutting.”
Mr. Peterson said he did make some changes in response to Yorgensen’s memo; he showed the maps. Mr. Peterson read each of the items below from Yorgensen’s memo and commented on them.
1. Note #1 indicates that “57 sites shall be permitted based on…Health Department
Approvals….” The total number of campsites shown on the plan is seventy-three
(73). The memo from Jody Schmidt of Eastern Highlands Health District dated
January 26, 2004 says that the campground is limited to fifty-seven campsites.
Twenty (20) of the sites shown should be removed from the plans.
2. Note #3 states that “Each campsite is permitted up to 3000 sq. ft. and a width and
depth of not less than 40 ft….” 11.19.08 of the Zoning regulations state that “…
Each campsite shall contain not less than three thousand (3,000 sq. ft. and shall have
A width and depth of not less than forty (40’) feet.” It would be advantageous if the
Areas of the individual campsites on the plan show the minimum required square
footage in order to demonstrate conformity.
3. Reference to the volume and page of any deed restriction, including easements should
be added to the plan.
Mr. Peterson said he didn’t do this.
4. If the applicant plans to develop any of the property within the zone, i.e., trails for
winter or summer activities, the proposed trail system should be located generally
on the preliminary plan and the trails located on the final plan. In addition, the
application should be modified or a supplemental or future application submitted to
include that use.
Mr. Peterson said they do not plan to propose any trails.
5. I did not find many of the requirements of 13.03.02.04 and 13.03.02.05, although
some of these can be met by including the subsurface sewage disposal design
plan for the caretaker house and bath house and the permit plan for the general
store in the set for the Final Site Development Plan supporting the Special Permit
application. Others may warrant a waiver if waivers are requested. This along
with the approval of the EHHD (January 26, 2004 memo from Jody Schmidt),
would appear to satisfy the requirement of 13.03.03 as well, which cannot be waived.
Mr. Peterson said he did not have a chance to look into the specifics. Yorgensen read from the regulations. She said waivers can be requested for everything from 3.03.02 through 13.03.02.06.04. Nothing else can be waived. She said most of #5 has already been addressed.
6. The maximum percentage of slope in the septic and reserve areas should be noted on
the plans.
Mr. Peterson said this has been added to the latest plan and included in the revision.
7. A complete Sedimentation and Erosion control plan (Section 13.03.04) should be
included. It may make sense to add this to the septic sewage disposal and permit plans
because of the detail and since there is a preliminary once included on the permit plan
now.
Mr. Peterson said this has been added to the individual plans. He has shown them on the 20-scale design plans.
At the request of the applicant, the Commission recessed from 9:28 to 9:40 p.m.
8. Landscaping Buffer
· The plans should note the areas within the buffer that the existing vegetation is to remain.
Mr. Peterson said he will have to add this. He said one area was discussed tonight. Tulis suggested certain areas be highlighted on the map.
· Additional screen for the dumpster enclosure area, if needed, should be shown
or if adequate should note that the vegetation is to remain.
Mr. Peterson said this was already discussed.
· The proposed septic system for the proposed caretaker’s residence includes grading within 40 feet of the zone and property line for the primary area and the reserve system is within 25 feet. Any supplemental plantings proposed within those areas should be shown and any existing vegetation to remain should be culled out.
Mr. Peterson said that at this time they are not proposing any supplemental
plantings. Tulis said vegetation in the buffer should be shown. Yorgensen
suggested supplemental screenings with evergreens if necessary, and Mr.
Peterson agreed to this.
9. Any proposed lighting should be located and cut sheets for individual fixtures
submitted.
Mr. Peterson said this was discussed earlier.
10. Approval block should be added to the plans.
Mr. Peterson said this has been done.
Tulis said that every area where there is a supplemental plan should be cross-referenced on the main map. He suggested that the plans be better organized.
Mr. Crossen asked if the staff could monitor and decide areaa where a more of a landscape buffer is needed. He said that trees that are being cut are limited to those pointed out on the site walk. He asked if the Zoning Agent could have this as part of her checklist before a CO is issued. The Consensus was that it could be done if approved that way.
Mr. Peterson requested a waiver for requirements listed in Yorgensen’s memo, saying he is comfortable with meeting all other staff requirements. Mr. Peterson gave Yorgensen a request for waiver signed by Mr. Crossen. He said he would like to close the Public Hearing tonight.
MOTION: To close the Public Hearing on File #2003-49 and #2003-50.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
REGULAR MEETING
The Regular Meeting commenced at 9:50 p.m.
E. Public Comment
The Commission will hear brief comments at this time from anyone wishing to
speak. No business can be conducted here nor can any comments be made about
any public hearing item.
Jan Belair submitted a letter of concern, to let the Commission know about property owned by Joe Halchek on Village Hill Road. She read her letter aloud. She said the property is very unsightly.
Radell said that Yorgensen will act on it.
Yorgensen said that first she will investigate the situation and then send a letter. Then, if there is no response, she will send a Notice of Violation. Then she will send an order; after that we would go to court. Yorgensen said she has received several phone calls about this property but no one has been willing to put anything in writing. Yorgensen said she has notified DEP but has not heard anything about it. She said the DEP would be involved because of the junkyard. Pictures have been taken of the area.
Tulis suggested sending a copy of any letters and the pictures to the DEP, and Yorgensen agreed. She suggested that residents call the DEP with their complaints.
F. Old Business
1. File #2003-49 – Application for a modification of a preliminary site development and
land use concept plan for a Designed Recreation zone for property at 150 Village Hill
Road (Map 43, Lot 24, Zone DR). Owner/Applicant: KMC, LLC. (Received 1/6/04;
Decision by 3/2/04.)
2. File #2003-50 – Application for a Special Permit and final site development plan for a
campground including a caretaker residence, general store and banquet hall at 150
Village Hill Road (Map 43, Lot 24, Zone DR). Owner/Applicant: KMC, LLC.
(Received 1/6/04; Site Walk 2/14/04, 10:00 a.m.; Public Hearing on 2/17/04; Decision
by 5/4/04.)
A Public Hearing was held tonight. Decisions on these applications were tabled.
3. File #2003-46 – Application for a Regulation Change to the following Sections:
4.14, 4.14.01, 7.01.02, 7.01.04, 7.03.03 of the Town of Willington Zoning
Regulations. Applicant: John Patton. (Received 12/2/03; Public Hearing 1/20/04;
Decision by 3/16/04.)
Ellis was not seated for this application.
MOTION: To approve request for the addition of a new definition – Gazebo,
7.01.04 and proposed new 7.03.03.
By: Tulis Seconded: Nevers
Discussion.
Amended Language:
Section 3.65 Gazebo: An ornamental accessory building that has a roof and is used
for seasonal activities. A gazebo can be enclosed by insect screens but shall not be otherwise enclosed. It can be served by electricity but shall not contain any plumbing except in connection with a self-contained hot tub. A gazebo is also known as a
“belvedere.” See Section 7. Accessory Uses, Buildings and Structures. And subsequent sections should be renumbered.
Proposed Language:
7.01.04: Accessory buildings more than ten (10’) feet in height shall conform to the side, front, and rear yard requirements of Section 8.
Amended Language:
7.03.03 Gazebo – Gazebos up to 315 square feet of gross floor area must conform to the front, side and rear yard requirements of Section 8. Gazebos with greater than 315 square feet of gross floor area shall not be located between the principal dwelling and the lot frontage unless approved as a Special Exception by the Zoning Board of Appeals and must conform to the side and rear yard requirements of Section 8.
For Clarification and Cross Reference:
7.01.02 “See Section 7.08 for farming buildings AND SECTION 7.03.03 FOR GAZEBOS
Effective date for these changes March 1, 2004.
Result: Motion passes unanimously.
MOTION: To deny the request for an amendment to Section 4.14 and 4.14.01.
This change is outside the scope of the Commission’s authorized power
Pursuant to CGS Section 8-2. The request does not conform to what
the Commission considers necessary to protect the public health,
safety, convenience and property values. The requested change is not
in accordance with the comprehensive plan. The requested change
may not be in character with the entire R-80 district throughout Town.
By: St. Louis Seconded: Tulis
Discussion. Tulis said this is not a zoning matter -- it is a matter of taste.
Result: Motion passes unanimously.
MOTION: To deny the requested change to Section 7.01.02. The requested change is not in accordance with the comprehensive plan. In fact, the requested change is in conflict with other sections of the Zoning regulations and is not in character with the entire R-80 District throughout Town.
By: St. Louis Seconded: Tulis
Discussion. Tulis said he supports the concept, but the requested change is not very clear. He said that ZBA should be giving approval. Radell said he agreed in part, but would like to see the language expanded a little bit more. St. Louis said we are talking about exceptions, and there should be public hearings so neighbors have their say.
Result: Motion passes unanimously.
G. Minutes
Two changes were requested to the February 3, 2004 minutes: on page 3, third paragraph, remove “, seconded by M. Ellis, unanimously approved,” and add “Motion seconded by M. Ellis, unanimously approved.” Also on page 3, second to the last paragraph, add “Mr.” in front of “Latincsics.”
MOTION: To approve minutes of February 3, 2004 as amended.
By: St. Louis Seconded: Tulis
Result: Motion passes 6-0-1 (Ellis abstains).
H. Correspondence
1. Letter dated February 17, 2004 from Janis L. Belair, 170 Village Hill Road,
Willington to Chairman Radell and Zoning Board members
re: J. Halchek property on Village Hill Road – 21 vehicles on property
2. Seminar, “Roles and Responsibilities of Commission Members,” at the Town Hall in
Columbia, CT, March 4, 2004, 7:00-9:00 p.m.
Correspondence was reviewed. Nevers and Dinello said they would like to attend the seminar. Latincsics said that he would let staff know.
I. Executive Session
MOTION: To go into Executive Session at 10:29 p.m. to discuss pending litigation –
Truck Wash.
By: Radell Seconded: Latincsics
Result: Motion passes unanimously.
Tulis recused himself from the Executive Session.
The Commission left Executive Session and returned to Open Session at 10:48 p.m.
J. Staff Report and Discussion
The Halchek matter was discussed. Consensus was to leave the matter in Yorgensen’s hands since it was an enforcement issue.
K. Adjournment
MOTION: To adjourn at 11:05 p.m.
By: Tulis Seconded: Ellis
Result: Motion passes unanimously.
________________________________________________________________________
Respectfully Submitted,
Susan S. Nimerowski
Recording Clerk
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