A sketch of Wilson Lake Marina’s visual impact was presented by Wilton resident Peter Campion during the Thursday, June 17, Planning Board meeting. Residents have raised concerns that the proposed marina would negatively impact the view of the lake. Screenshot
WILTON — The owners of Wilson Lake Marina, LLP, filed a complaint against the Town of Wilton regarding its pending application on June 10.
The complaint was filed just ahead of Wilton’s annual town meeting Monday, June 14, where voters approved two ordinance amendments that would limit the owners of WLM at 10 Rowell Street to establish a marina business on Wilson Lake.
The complaint, filed by attorney Kendall A. Ricker, makes multiple requests, but most notably asks that the court make the new ordinance amendments “null and void, and of no effect” as a whole and also “as applied” to WLM.
The newly-approved amendments prohibit property owners on Wilson Lake from setting up a “marina” within 200 feet of a boat launch or designated swim area and from setting up more than one dock on a property that has less than twice the minimum shore frontage required. In the presentation of these amendments at the May 27 Planning Board public hearing, Code Enforcement Officer Charlie Lavin claimed that the latter amendment “brings the town ordinance into compliance with the State Model Shoreland Ordinance.”
These amendments were written with retroactive terms and directly impact WLM’s plans to establish a docking-system business at 10 Rowell Street, which is within 200 feet of the town’s boat launch next to Stinchcomb Lane.
The complaint also asks the court require “municipal officers who have not been able to participate impartially in the quasi-judicial decisions on the application…(to) recuse themselves from all further proceedings on the application” regarding WLM.
The complaint names, among others, Planning Board member Michael Parker as showing “bias” toward the project. It claims that he “introduced the marina amendment as a means to prevent the application from being approved.”
Many allegations are launched in the complaint. It is alleged that the Planning Board violated WLM’s “right to due process,” that the Planning Board “wrongfully delayed” the marina application and did not act on the application within the required 60 days, and that the zoning ordinance amendments were “discriminatory” and written “in bad faith.”
The complaint also alleges that communications between the town, municipal officers and third parties regarding the marina application have taken place outside public meetings. The property owners, including James Butler, claim they have not been informed of these communications or comments made by third parties.
Ultimately, the complaint states that the owners of WLM have “vested rights to pursue the project” because “the plaintiff has made substantial investments toward developing the project including conducting surveys and legal services related to preparation of the application” and that they already ordered a “dock system.”
Residents of the town have largely spoken out against the proposed marina. During the town meeting, five residents, including the president of Friends of Wilson Lake (FOWL), advocated for ordinance amendments. The approval of the ordinance amendments was nearly unanimous. At the June 17 Planning Board meeting, another five residents spoke against the application during public comment. Residents, including FOWL president Rob Lively raised concerns about the marina’s potential environmental and visual impacts.
In a phone interview, Ricker, Butler’s attorney, said “it’s not as though he started this project with an idea of picking a fight.”
“(Butler) has not even really had a chance…to provide other alternatives or work with the town for something that could be mutually beneficial,” Ricker said. “He’s really just looking for the opportunity to actually go through that process.”
Planning Board members and Lavin declined or did not respond to requests for comment.
Following a site review of 10 Rowell Street, the Planning Board tabled an agenda item to discuss Butler’s application in order to review a revised application that was submitted. An item to review Butler’s application will be on the Planning Board’s next meeting agenda.
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