WILLINGTON ZONING BOARD OF APPEALS
MAY 11, 2000
MINUTES
The Willington Zoning Board of Appeals held a public hearing at the Town Office Building, 40 Old Farms Road, Willington, CT at 7:30 p.m.
PRESENT ABSENT
C. Csiki, Chairman N. Potvin (excused)
R. Maloney, Vice Chr. S. Goodrich, alt., (excused)
D. Brown, Secretary P. Enderle, alt. (excused)
R. Claus
R. Manaskie
Chr. Csiki seated R. Manaskie, alt. for N. Potvin
PUBLIC HEARING
Chr. Csiki opened the public hearing for application #2000-05A and #2000-05B at 7:30 p.m.
2000-05A – Application for a Special Exception to Section 13 of the Willington
Zoning Regulations to hold 3 concerts at Center School, 12 Old Farms
Road. (Map 23 Lot 46 R80 Zone) Owner/Applicant: Willington
Recreation Department/Town of Willington (Received 4/13/2000, Open
Public Hearing by 6/8/2000)
2000-05B – Application for a Special Exception to Section 13 of the Willington
Zoning Regulations to hold 3 rain date concerts at Hall Memorial
School, 111 River Road. (Map 23 Lot 23 R80 Zone) Owner/Applicant:
Willington Recreation Department/Town of Willington (Received
4/13/2000, Open Public Hearing by 6/8/2000)
Chr. Csiki read the following documents into the record.
1. Memo dated 4/17/00 to ZBA Chairman from S. Yorgensen regarding PZC and
IWWC.
2. Memo dated 4/18/00 to ZBA from D. Potz, Willington Health Department
regarding the provision of satisfactory water supply and sewage facilities.
3. Letter to ZBA from Mike Eldredge, Rec. Dir., requesting a waiver from
Section 13.03.02.
Also submitted for the record: Willington School Facility Use Forms (three for each school), Sanitarian recommendations, and information on the bands participating in the summer concerts.
Mike Eldredge, Recreation Director, was present. He gave a description of each band to perform. He discussed the contract with Sani-Can, Inc., and said crowd control would be addressed, as needed by John Patton, First Selectman.
Chr. Csiki reviewed the conditions of approval for the previous applications for summer concerts.
Chr. Csiki asked if there were any questions from the board. There were none.
Chr. Csiki asked if there was anyone present to speak in favor or in opposition of application #2000-05A or #200-05B. There were none. There was no correspondence received for application #2000-05A or #2000-05B.
Chr. Csiki closed the public hearing for application #2000-05A and #2000-05B at 7:41 p.m.
Chr. Csiki called the public hearing for application #2000-06 to order at 7:42 p.m
2000-06 - Application for a side yard variance to construct a two -car garage,
bedroom and bathroom located at 111 Daleville School Road. (Map 12
Lot 18C Zone R80) Owner/Applicant: Chris and Teri Gareau (Received
4/13/2000, Open Public Hearing by 6/8/2000)
A site walk was conducted on April 26th at 6:45 p.m. Present were Chr. Csiki, Vice Chr. Maloney, D. Brown, R. Claus, N. Potvin, R. Manaskie, the applicants, and adjoining property owners Carl Stolle and Debra Kelly. The site walk determined that a 19’ sideline variance would be required.
Mr. and Mrs. Gareau were present. Mr. Gareau explained his wishes to build a two car garage with a master bedroom and bathroom as an extension to the house. Mr. Gareau requested a variance due to the property line being within the 25 foot sideline requirement.
When asked if the garage could be located on the other side of the house, Mr. Gareau said that the septic and leaching fields were located on the opposite side of the house.
Chr. Cski asked if the bedroom and bathroom were on the second floor and if you could walk through it to the house. Mr. Gareau said yes.
Chr. Csiki asked if there were any questions from the board. There were none.
Chr. Csiki asked if there was anyone present to speak in favor or in opposition of application #2000-06.
Carl Stolle, 102 Mason Road, asked Chr. Csiki for a definition of hardship.
Chr. Csiki responded that, basically, a definition of a hardship is ….. first of all, a variance is something that goes to a deed that goes to a property, not an individual. So therefore, a hardship ….. you to have a legitimate hardship for a variance and it can not be financial or self created. It has to be something that pertains to the topography of the land or something unusual about the land. A variance, once granted, by a board, attached to the deed and goes on forever and the only person who can give that up if the person who owns the property.
Chr. Csiki said, as an example, if you have a piece of property that predates Zoning Regulations (3/69)….when zoning went to 2-acre zoning, with 25’ sideline, 50’ front and rear-line clearances … property owners didn’t meet the requirements and when they wanted to put on a porch, etc., they are required to come and get a sideline variance. The hardship being that the house was built prior to Zoning.
Debra Kelly, residing at 102 Mason Road, expressed her concerns.
Chr. Csiki asked if there were anyone else present to speak in favor or in opposition of application #2000-06. There was no correspondence received for application #2000-06.
Chr. Csiki closed the public hearing for application #2000-06 at 7:59
2000-07 - Application for a variance for an installation of cellular antennas on an
existing sign located at 327 Ruby Road. (Map 42 Lot 45 R80 Zone)
Owner/Applicant: Royce Properties, LLC/Springwich Cellular, LP
(Received 4/13/2000, Open Public Hearing by 6/8/2000)
Keith Coppins was present on behalf of Springwich Cellular and discussed wireless telecommunication facilities in length. He submitted a booklet with the following information:
Section 1 – Search Area Map
Section 2 – Regulations Change
Section 3 – Inlands/Wetlands Permit
Section 4 – ZBA Application
Section 5 – Statement of Use
Section 6 – Propagation
Section 7 – Elevation View
Vice Chr. Maloney submitted two documents from Attorney Mark Branse.
1. Letter dated 9/27/95 to Susan Yorgensen, Zoning Enforcement Officer, re:
Giguere Truck Stop Signage – Stipulated Judgments – Variance from
Attorney Mark Branse.
2. Letter dated 2/5/99 to Susan Yorgensen, Town Planner, re: Proposal for
Antenna on Existing Non-Conforming Sign from Attorney Mark Branse.
Chr. Csiki asked K. Coppins if he had seen these two documents. K. Coppins stated he had not.
Chr. Csiki read portions of Section 9 – Non-Conforming Lots, Uses, Buildings, and/or Structures of the Zoning Regulations.
K. Coppins stated that he could not put up his antennas without physically altering the sign.
Chr. Csiki said the alteration of the sign doesn’t seem to be a concern, but the expansion of the non-conforming use is a concern.
Vice Chr. Maloney, stated, in his opinion, that correspondence from Attorney Branse was helpful to the applicant which indicicated that although you have a non conforming structure, based on drawings, the antenna don’t constitute expansion of the sign face, as that term is defined. He feels counsel is telling S. Yorgensen that this is not considered a structure.
Chr. Csiki feels that the sign is a structure.
D. Brown agrees.
A discussion followed.
K. Coppin requested time to look into options in response to Chr. Csiki’s question on whether they could work within the existing structure size.
A special meeting will be held on May 24th at 7:30 p.m. to continue the public hearing for application #2000-07 at the Town Office Building.
REGULAR MEETING
Chr. Csiki called the regular meeting to order at 8:43 p.m.
Members seated same as above.
PREAPPLICATIONS
2000-08 - Application for a front yard variance to enlarge second floor to include master bedroom, bedroom, and bathroom located at 72 Old Farms Road. (Map 17 Lot 3 R80 Zone). Owner/Applicant: Ken Fluet (Received 5/11/2000, Open Public Hearing by 7/13/2000)
A site walk is scheduled for May 24th at 6:00 p.m.
A motion to accept application #2000-08 was made by R. Claus, seconded by R. Manaskie. All in favor.
A public hearing will be held on June 8, 2000, at 7:30 p.m. at the Town Office Building.
2000-09 - Application for front yard variance for existing deck located at 137 River
Road. (Map 15 Lot 17 R80 Zone) Owner/Applicant: John and Flora
Bellman (Received 5/11/2000, Open Public Hearing by 7/13/2000)
A site walk is scheduled for May 24th at 6:30 p.m.
A motion to accept application #2000-09 was made by R. Claus, seconded by R. Maloney. All in favor.
A public hearing will be held on June 8, 2000, at 7:30 p.m. at the Town Office Building.
MINUTES
Minutes of April 13, 2000 amend as follow:
Page 4 Chairman Csiki turned meeting over to Vice Chr. Maloney before Old Business - Cormier application.
A motion to accept minutes as amended was made by R. Maloney, seconded by R. Claus. All in favor.
Chr. Csiki turned the meeting over to Vice Chr. Maloney.
OLD BUSINESS
2000-04 – Application for a side yard variance to construct an 8’ x 24’ breezeway
and a 30’ x 40’ two car garage located at 196 Turnpike Road. Map 44
Lot 7 R80 Zone. Owner/Applicant: Alfred N. J. Cormier (Received
3/9/2000, Hearing on 4/13/2000, Decision by June 8, 2000)
Vice Chr. Maloney discussed material submitted during public hearing.
A motion was made by D. Brown to deny application due to lack of hardship, seconded by R. Manaskie. All in favor.
Vice Chr. Maloney turned the meeting back over to Chr. Csiki.
2000-05A – Application for a Special Exception to Section 13 of the Willington
Zoning Regulations to hold 3 concerts at Center School, 12 Old Farms
Road. (Map 23 Lot 46 R80 Zone) Owner/Applicant: Willington
Recreation Department/Town of Willington (Received 4/13/2000, Open
Public Hearing by 6/8/2000)
2000-05B – Application for a Special Exception to Section 13 of the Willington
Zoning Regulations to hold 3 rain date concerts at Hall Memorial
School, 111 River Road. (Map 23 Lot 23 R80 Zone) Owner/Applicant:
Willington Recreation Department/Town of Willington (Received
4/13/2000, Open Public Hearing by 6/8/2000)
The following are conditions of approval: 1.) waiver of site plan requirement, 2.) crowd control as deemed necessary by First Selectman and, 3.) sanitary facilities as required [1 facility for each 100 women and 1 facility for each 200 men].
A motion to grant special exception with the above conditions was made by R. Claus, seconded by R. Maloney.
2000-06 - Application for a side yard variance to construct a two car garage,
bedroom and bathroom located at 111 Daleville School Road. (Map 12
Lot 18C Zone R80) Owner/Applicant: Chris and Teri Gareau (Received
4/13/2000, Open Public Hearing by 6/8/2000)
Vice Chr. Maloney stated that hardship has been demonstrated. The deck and pool would have to be moved. Abutting property owners not adversely affected.
A motion was made by R. Maloney, seconded by R. Claus to approve variance. All in favor.
CORRESPONDENCE
1. Account Detail
2. Conversation Plan of Development
3. Magazine Brochure
4. WinZip Article
DISCUSSION
Chr. Csiki stated that application #2000-3 has been withdrawn. The letter of withdrawal was read into the record.
ADJOURNMENT
A motion to adjourn was made by R. Claus, seconded by R. Maloney at 9:15 p.m. All in favor.
Respectfully submitted,
Patricia Fabrycki, Clerk for ZBA ________________________
Approved
D1-5/11/00Agenda
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