TOWN OF WILLINGTON
PLANNING AND ZONING COMMISSION
MINUTES OF MARCH 2, 2004
A. Call to Order
Radell called the meeting to order at 7:35 p.m.
B. Roll Call
Members Present: T. Radell, Chairman
M. Ellis, Secretary
N. Gray (alt.)
A. St. Louis
P. Nevers
R. Tulis
Members Absent: P. Latincsics, Vice-Chairman
T. Lough (alt.)
D. Lytwyn
Members Excused: M. Dinallo (alt.)
Also Present: S. Yorgensen, Planning/Zoning Agent
S. Nimerowski, Recording Clerk
C. Seat Alternates
Radell seated Gray for Lytwyn.
D. New Business
None.
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 or agenda item.
None.
F. Old Business
1. File #2003-49 – Application for a modification of a preliminary site development 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.)
Yorgensen said that waivers are being requested for the special permit.
MOTION: To approve the application for a modification to the preliminary site
development plan for File #2003-49 with the following modifications:
Motion to be added to the Mylar’s.
By: St. Louis Seconded: Gray
Discussion. St. Louis asked if the approval block was put on the plans, and
Yorgensen replied yes.
Result: Motion passes unanimously.
2. File #2003-50 – Application for a Special Permit and 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.)
Discussion on waivers.
MOTION: To approve a waiver to Section 13.03.02.04.02 for File #2003-50 with
regard to information off-site and not already depicted on the final site
development plan because present information is adequate.
By: Tulis Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.04.05 for File #2003-50
specifically with respect to general type of construction, heating, and
the like.
By: St. Louis Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.04.07 for File #2003-50 with
respect to the maximum slope on site.
By: Gray Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.04.08 for File #2003-50
specifically with respect to the depiction of the soil classification.
By: Tulis Seconded: Nevers
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.04.09 for File #2003-50
with respect to areas to be disturbed and areas shown on the plan.
By: St. Louis Seconded: Gray
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.05.12 for File #2003-50.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.05.13 for File #2003-50.
By: Nevers Seconded: St. Louis
Discussion about testing of the well and pond.
Result: Motion passes unanimously.
MOTION: To approve a waiver to Section 13.03.02.06 for File #2003-50.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
These waivers were given because the Commission does not require the information required by those sections in order to determine compliance with the criteria set forth in Section 13 of the Town of Willington Zoning Regulations.
There was considerable discussion about various conditions for approval of File #2003-50.
Sites were discussed. St. Louis asked about the location of the 20 sites. Radell asked Yorgensen to clarify “maximum occupancy.”
Tulis said that occupancy of the Banquet Hall should be “per Fire Marshal.” He requested this as a condition.
Boundaries should be clearly identified for campers.
Tulis said that if a camper was stored during off-season, the location should be shown on the plan. He requested this as a condition.
The gate was discussed. Tulis noted that no gate is shown on the final site development plan. He requested this as a condition.
Commission should schedule a site walk towards the end of summer, and also one near the expiration of the special permit.
Tulis suggested filing the “Rainbow Acres Campground Conditions of Approval, Updated 5/3/2000,” with this application.
MOTION: To approve Special Permit for File #2003-50 with the following
conditions:
1. Annually Renewable April 1st (Beginning 2005)
2. Campground Rules and Regulations be submitted and approved by the Commission
3. There shall be no plumbing installed in the General Store
4. Caretakers Home
a. Occupancy of the caretaker’s residence shall be the owner/caretaker or manager/caretaker, the name and phone number of whom shall be submitted to the Commission annually.
5. Banquet Hall
a. Hours of Operation – Hall to close by midnight throughout the year.
b. Parking – for functions to continue as valet, any change, i.e., any improvement to the facility for a parking area, to be approved by the Commission prior to activity.
c. Maximum Occupancy per Fire Marshal
6. Campground
a. Maximum occupancy of 57 sites during the period of April 1 through
b. November 30 and 20 sites maximum occupancy during the period of
c. December 1 through March 31st.
d. Quiet hours starting at 10:00 p.m. nightly throughout the year.
7. Boundaries of the campground shall be posted.
8. Facility to be closed (gate closed and locked) on Tuesday, Wednesday, and Thursday during the period of December 1 through March 31 (excepting December 20 through January 3).
9. No outside loud speakers
10. Any change in exterior lighting must be approved by Staff or the Commission.
11. Any additional plantings within the buffer of the site to be installed as required by staff or the Commission.
12. Final Plan be modified to show any technical changes required by the Zoning Agent and including but not limited to:
a. Perimeter boundaries located on the final plan
b. Removal of the word preliminary within the title block of the final site development plan.
c. Area of campers to be stored off season.
d. Location of gate added to plan
e. Depiction of the minimum site size of 3,000 sq. ft. and a width and depth of not less than 40 ft.
f. The notation of the volume and page of any easement,
g. Depict the areas within the buffer where existing vegetation is to remain.
h. Addition of complete sedimentation and erosion control plan.
i. Reference any and all supplemental plans on the final site development plan.
j. Approval Motion.
13. Revisions to the plan shall follow the requirements of Section 13.03.02.03.04 of the Zoning Regulations.
14. Registration furnished for all motor vehicles to be stored during the off season period, submitted annually by October 31st.
15. Any modification to the use or the approved revised plan shall be approved by the Commission prior to any activity on site.
16. Updated As-built of site be submitted as buildings and/or improvements are constructed.
17. Compliance with Section 11.19 and all other requirements of the town of Willington Zoning Regulations.
By: Nevers Seconded: Gray
Result: Motion passes unanimously.
Yorgensen said conditions must be met before the Special Permit is issued.
G. Minutes
MOTION: To approve minutes of February 17, 2004.
By: Ellis Seconded: Nevers
Result: Motion passes unanimously.
H. Correspondence
1. Letter dated February 27, 2004 from Yorgensen to Joseph Halchek
re: 162 Village Hill Road, Willington
2. Letter dated February 20, 2004 from Yorgensen to All-Phase Enterprises
re: Violation #W2003-44, 315 Daleville Road, Willington
3. Letter dated February 20, 2004 from Yorgensen to Harold W. II and Rene Bruce
re: Violation #W2003-44, 315 Daleville Road, Willington
4. CT NEMO Newsletter, Spring 2004
5. Farming on the Edge – Meeting the Challenge, American Farmland Trust
6. Letter dated February 23, 2004 from the ZBA Chairman to Yorgensen
re: Zoning Regulations Enforcement
7. Letter dated February 23 from the ZBA Chairman regarding the authority of the Agent and Assistant Agent being compromised by being limited by the Commission.
Correspondence was discussed.
I. Staff Report and Discussion
The February 27, 2004 letter to Joseph Halchek was discussed.
Radell said if Yorgensen saw a violation that should be addressed; she could advise the Commission of it. He said perhaps in some circumstances a written complaint isn’t necessarily needed.
Yorgensen said that at a previous meeting when Latincsics said the Agent or Assistant Agent should not take action on violations without a written complaint that the Commission concurred and Radell had directed them to act accordingly.
To clarify this matter, Recording Clerk Nimerowski read from page 5 of the approved January 6 minutes:
The consensus of the Commission was that there should be no notices of violations or
orders unless there was a written complaint. Chairman Radell directed staff to only issue
violations when a written complaint was filed.
Commission members said that there was not necessarily a consensus at this meeting.
Ellis commented that a policeman does not have to ask Congress if he can make an arrest – he has that authority already because he is a policeman.
Radell strongly expressed his opinion that the Agent and Assistant Agent pursue “big” violations only and not “little” ones, after consulting with the Commission. The Consensus of the other Commissioners was that a violation was a violation and that Staff should do their job without consulting with the Commission.
As discussion concluded, Radell agreed that written complaints should be acted upon, but that Staff also take action on violations as they see fit.
J. Adjournment
MOTION: To adjourn at 9:25 p.m.
By: Nevers Seconded: Ellis
Result: Motion passes unanimously.
Respectfully submitted,
Susan S. Nimerowski
Recording Clerk
Yorgensen showed a letter she had received, dated February 23 from the ZBA Chairman. She said the Chairman was upset that the authority of the Agent and Assistant Agent had been compromised and limited by the Commission.
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