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Zoning Board of Appeals Minutes 1-11-01
DRAFT MINUTES TO BE APPROVED MARCH 8, 2001

TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
January 11, 2001


The Willington Zoning Board of Appeals held a Public Hearing on January 11, 2001 at 7:30 at the Town Office Building, 40 Old Farms Road, Willington, CT  

PRESENT                                         ABSENT

Chr. C. Csiki                                           S. Goodrich, Alt.
Vice Chr. R. Maloney,                                   P. Enderle, Alt.
D. Brown
R. Claus                                                
N. Potvin                                               
R. Mananski, Alt.                                       

Chr. Csiki opened the public hearing at 7:37 p.m.

PUBLIC HEARING

                #2000-17 – Application to appeal the ruling of the Zoning Enforcement Officer
                regarding the increase in parking at 156 River Road (map 15 lot 27A R80 zone)
                Owner/Applicant:  Thomas D. and Irma L. Buccino  

Chr. Csiki read application #2000-17.  

Chr. Csiki noted the following documents in file for application #2000-17:

1.  Notice of appeal from order of Zoning Enforcement Officer to the Zoning
     Board of Appeals dated11-10-2000 from Stephen T. Penny, Esquire.
2.  Appeal of Zoning Enforcement Officer Decision to Zoning Board of Appeals
     from Stephen T. Penny, Esquire dated 11-21-00 re: Thomas Buccino.
3.  Documents from Susan Yorgensen, Zoning Agent re: Appeal #2000-17 dated
     1/11/01 to ZBA

Chr. Csiki turned the meeting over to Stephen T. Penny, Esquire, representing Thomas & Irma Buccino.

Stephen Penny stated that he would be representing Mr. Buccino, who would not be attending the meeting due to the fact that he is in Florida.  He discussed the non-conformity, the parking area, and presented his case.

Stephen Penny submitted the following:

Appellant Exhibit #1  Copy of Quit Claim Deed
Appellant Exhibit #2  photo of parking spaces in front and side of building dated
          12/00
Appellant Exhibit #3  photo of parking spaces in front of building dated 12/00
Appellant Exhibit #4  Affidavit dated 1/9/2001 from Thomas Buccino

Chr. Csiki stated that the board would need to review the submitted documents.

Chr. Csiki stated that the board is not in receipt of any correspondence in favor or in opposition of application #2000-17.

Chr. Csiki asked if there was anyone present to speak in opposition of application #2000-17.

John Patton, adjoining property owner spoke in opposition.

A member of the fish and game club spoke in opposition.

Stephen Penny responded to comments.

The issue of public safety was discussed.  

Chr. Csiki noted that there was no one present to speak in favor of #2000-17.

There were no questions from the board.

Chr. Csiki said the board would need to review  the documents submitted and that the public hearing would be continued on February 8, 2001 at 7:30 p.m.
Chr. Csiki excused himself from application #2000-18.  

Members seated:  Vice Chr. Maloney, D. Brown, R. Claus, N. Potvin, and R. Mananski.

Vice Chr. Maloney opened public hearing for application #2000-18 at 8:15 p.m.

                #2000-18 – Application to appeal the ruling of the Zoning Enforcement Officer
                regarding the parking lot on west side of River Road (map 15 lot 9 R80 zone)
        Owner/Applicant:  Thomas D. and Irma L. Buccino  

Vice Chr. Maloney read application #2000-18.

Vice Chr. Maloney noted the following documents in file for application #2000-18:

1.  Notice of appeal from order of Zoning Enforcement Officer to Zoning Board
    of Appeals dated 11-10-2000 from Stephen T. Penny, Esquire
        2.  Appeal of Zoning Enforcement Officer Decision to Zoning Board of Appeals
    from Stephen T. Penny, Esquire dated 11-21-00 re: Thomas Buccino.
        3.  Documents from Susan Yorgensen, Zoning Agent re:  Appeal #2000-18 dated
    1/11/01 to ZBA
        4.  Memo from Susan Yorgensen, Zoning Agent to Kevin O’Brien re: River Rd
     (map 15 lot 9) installation of street light.

Vice Chr. Maloney turned the meeting over to Stephen Penny.

Stephen Penny submitted the following and presented his case:

Appellant Exhibit #1   copy of warranty Deed
Appellant Exhibit #2   Town of Willington Zoning Regulations - page 75, Article VI
Appellant Exhibit #3   minutes of Planning and Zoning Commission dated 9/1/87
Appellant Exhibit #4   Town of Willington Zoning Regulations (adopted 11/24/70,
Effective 12/15/70, amended to 7/1/89 - page 86, Article VI
Appellant Exhibit #5    RJ Chamberlain’s – Blue Diamond Paving contract dated
9/7/89 signed by Thomas Buccino
Appellant Exhibit #6   photograph
Appellant Exhibit #7   photograph
Appellant Exhibit #8   photograph
Appellant Exhibit #9   photograph
Appellant Exhibit #10 Affidavit dated 1/9/2001 from Thomas Buccino

Stephen Penney asked the board to review Appellant Exhibit #2 - Section 6.33 Article VI and  Appellant Exhibit # 3 - the minutes of the Planning and Zoning Commission dated 9/1/87.

Vice Chr. Maloney asked Stephen Penny to give a synopsis of the documents.

A lengthy discussion regarding the exhibits followed.

Vice Chr. Maloney stated that the board is not in receipt of any correspondence in favor or in opposition of application #2000-18.

Vice Chr. Maloney asked if there were any questions from the board.

There were none.

Vice Chr. Maloney asked if there was anyone present to speak in favor of application #2000-18.

There were none.

Vice Chr. Maloney asked if there was anyone present to speak in opposition of application #2000-18.

John Patton spoke in opposition.

Vice Chr. Maloney said the board would need to review the documents submitted and that the public hearing be continued on February 8, 2001 at 7:30 p.m.

Vice Chr. Maloney turned the meeting over to Chr. Csiki  for applications #2000-19,  #2000-20, and #2000-21

Chr. Csiki reminded the board that application #2000-19, #2000-20, and #2000-21 were heard in October, and that due to defective legal notification to adjoining property owners, the applicant, Mr. Caron had to re-apply to the Zoning Board of Appeals.

Chr. Csiki read application #2000-19.  

#2000-19 - Application for a Special Exception per Section 13 of the Willington Zoning Regulations for an office and for storage of equipment for East Rock, Inc. located at 165 River Road (map 15 lot 8 R80 zone).  Owner and applicant:  165 River Road LLC  

Chr. Csiki received the following documents for application #2000-19:

1.  updated plans - dated 12/11/2000.
2.  receipts of notification mailed to adjoining property owners

Chr. Csiki asked if there was anyone present from East Rock.

There was no one present.

Chr. Csiki told Mr. Caron that he had requested Mr. Windecker, Regional Manager of East Rock to submit a document explaining the handling and disposal of the hydraulic materials.  

Chr. Csiki asked Mr. Caron if he fixed the above ground wire that was located in the front of the building.  Mr. Caron replied that the wire was taken care of.

Chr. Csiki asked about the removal of the existing test well.  Mr. Caron replied that the well has not been taken care of.

Chr. Csiki asked about the removal of the steel tanks.  Mr. Caron replied that the steel tanks have not been removed.

Mr. Caron said that the well and the removal of the tanks would be taken care of in the spring.

Vice Chr. Maloney and Mr. Caron discussed parking spaces for each business.

An adjoining property owner asked about the well in which recently had bacteria present.  

Chr. Csiki read the letter submitted by the Town Sanitarian, dated 10-3-2000 from Janis McCarroll, Water Supplies Section, State of Connecticut regarding the monthly bacteriological sampling.

Chr. Csiki said that the public hearing for application #2000-19 would be continued on February 8, 2001 at 7:30.  He asked Mr. Windecker to be present and submit the requested document.  

Chr. Csiki read application #2000-20.

#2000-20 – Application for a Special Exception per Section 13 of the Willington Zoning Regulations for an office for Impact Strategies located at 165 River Road (map 15 lot 8 R80 zone).  Owner and applicant:  165 River Road LLC  

Chr. Csiki read a fax received 1/11/01 from Tisha Loukas, Vice President, Impact Strategies indicating that Jonathan Pelto may not be able to attend meeting.   The fax included a bit of information on Impact Strategies.

Chr. Csiki requested that someone from Impact Strategies be present at the next meeting.

Chr. Csiki said that the public hearing for application #2000-20 would be continued on
February 8, 2001 at 7:30.  

Chr. Csiki read application #2000-21

#2000-21 – Application for a Special Exception per Section 13 of the Willington Zoning Regulations for an office for Plassein Corp. located at 165 River Road (map 15 lot 8 R80 zone).  Owner and applicant:  165 River Road LLC  

Chr. Csiki requested that someone from Plassein Corp. be present at the next meeting.

Chr. Csiki said that the public hearing for application #2000-21 would be continued on
February 8, 2001 at 7:30.  

REGULAR MEETING

Chr. Csiki reconvened the regular meeting at 9:27 p.m.

Members seated same as above.

CORRESPONDENCE

        1.  Letter for Susan Yorgensen dated 10-3-2000 from Janis McCarroll, Water
     Supplies Section, State of Connecticut regarding the monthly bacteriological
     Sampling at Riversedge Condominiums.
2.  Chronicle publication fee increase.
        
NEW BUSINESS

                #2000-15 – Application to appeal the ruling of the zoning agent for an access
road to an adjacent lot under the same ownership for a proposed telecommunications tower and facility located on an adjacent lot in Stafford, Connecticut, located on Potter School Road

Chr. Csiki set the public hearing for application #2000-15 for February 8, 2001 at 7:30.  Chr. Csiki stated that if a fax is received before publication notice, the Chr. will cancel the hearing.  A motion was made by R. Maloney, seconded by R. Claus to set public hearing for February 8 and to authorize Chr. Csiki to cancel.  All in favor, passed unanimously.

Annual Budget - A motion was made to approve annual budget as submitted to board was made by R. Claus, seconded by R. Maloney.  All in favor, passed unanimously.

Election of Officers – R. Maloney made a motion to keep officers as they exist.  C. Csiki, Chairman, R. Maloney, Vice Chairman, and D. Brown, Secretary.


MINUTES

A motion was made to approve the minutes of December 14, 2000 by R. Claus, seconded by N. Potvin.  All in favor, passed unanimously.

ADJOURNMENT     

A motion to adjourn at 9:35 p.m. was made by R. Maloney, seconded by R. Claus.  All in favor, passed unanimously.
                                

Respectfully submitted,
Patricia Fabrycki, Clerk for ZBA                        Approved _____________________
        
D1-1/11/01mins