TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
October 12, 2000
The Willington Zoning Board of Appeals held a Regular Meeting on October 12, 2000 at 7:30 at the Town Office Building, 40 Old Farms Road, Willington, CT
PRESENT ABSENT
Chr. Csiki R. Claus (excused)
Vice Chr. R. Maloney, S. Goodrich, Alt. (excused)
D. Brown P. Enderle, Alt. (excused)
N. Potvin
R. Mananski, Alt., seated for R. Claus
Vice Chr. Maloney introduced himself, opened the meeting at 7:30 p.m. and stated that he was sitting in for Chr. Csiki .
Member seated Vice Chr. Maloney, D. Brown, N. Potvin, and R. Manaskie seated for R. Claus.
#2000-13 – Application for a Special Exception per Section 13 of the Willington Zoning Regulations for use of existing storage building for storage of fishing related equipment located at 156 River Road (map 15 lot 27A R80 zone) Owner: Thomas Buccino/Applicant: Hall Pond Flyfishing Club Inc.
Vice Chr. Maloney noted that a site walk was conducted on October 7, present D. Brown, S. Goodrich, and Vice Chr. Maloney.
Vice Chr. Maloney explained that a sign must be posted 7 days prior to a public hearing per Section 13.04.03.04 of the Willington Zoning Regulations. It was noted that the sign was not properly posted by 10-6-2000. The Board notified the public in the newspaper at its own expense, but the applicant failed to post sign.
Vice Chr. Maloney stated that the Board listed the requirements necessary to successfully complete an application and approval for a special exception. The list will be made part of the record and reviewed by anyone who wishes to do so.
The $10.00 filing fee required by statutes and requested by the town in a letter to the applicant dated 9-18-2000 has not been paid as required by the town.
Vice Chr. Maloney asked the Board move to deny 13.05.01 without prejudice to any complete future applications.
A motion was made by D. Brown to deny application #2000-13 without prejudice, seconded by N. Potvin.
Vice Chr. Maloney turned the meeting over to Chr. Cski who reconvened the public hearing section of the agenda at 815 p.m.
Member seated Chr. Csiki, Vice Chr. Maloney, D. Brown, N. Potvin, and R. Manaskie seated for R. Claus.
#2000-10 – 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 noted that prior to the meeting tonight, Mr. Caron, who is the owner, presented the Chr. with a request for a waiver for Section 13.03.03 through 13.03.07 and also submitted certified mail receipts.
Chr. Csiki also noted that a letter received on 10-12-2000 from an abutting property owner who said they were not notified and correspondence from the Town Sanitarian.
Site walk conducted on 9-9-00, present Potvin, Maloney, and Chr. Csiki and owner of East Rock.
Mr. Caron and the owner of East Rock were present to speak.
Mr. Caron explained that he would like to get a permit to legally run business for East Rock. Mr. Caron stated that he purchased the building two years ago and that Air Tox was already in building. East rock has been in the building for 8 months.
A discussion followed about the Zoning Regulations.
Chr. Csiki read a letter from Ed Windecker, Regional Manger, dated 7/25/2000 into the record describing business.
Mr. Windecker stepped forward and briefly described his business. Hours of operation is 8:00 a.m. – 5:00 p.m. 5 days a week with 6 employees.
Chr. Csiki noticed that during the site walk he saw machines and pieces of equipment stored. He expressed the concern of finding hydraulic fluid on ground.
Mr. Windecker reponded that oil pads are placed on the ground and around the machine. Repairs are done in shop. No repairs outside. Once or twice a year they dispose of oil in Cromwell.
Chr. Csiki read the following correspondence into the record:
1. Letter from Linda McKuch Calabrese, Rivers Edge Condo Association, Unit
1002 as an abbuter of 165 River Road regarding proper notification.
2. Memo from Dave Potz, Sanitarian to ZBA dated 10-5-2000 regarding
incomplete application.
3. Letter from D. Caron dated 10-10-2000 to ZBA regarding a waiver.
Chr. Csiki asked the board if they had any questions. There were none.
Chr. Csiki stated that documents from Inland Wetlands, Planning and Zoning regarding sedimentation and erosion, and the Sanitation are missing from the file.
Mr. Caron stated that D. Potz is scheduled to inspect the site next Tuesday at 9:30 a.m.
A discussion on the site plan request for waiver followed.
Vice Chr. Maloney requested parking details and the location of each business and the indication of all existing uses of the land, not requiring buildings or structures; location of existing wells, dimension of parking and loading and number of spaces. All other sections of the site plan requirements may be waived. All in favor.
Without objection, on behalf of the board, Chr. Csiki requested the owner of East Rock to provide explanation of any possible discharges and submit to the board (as part of section 13.05.03) indicating material discussed and the handling and the disposal of them…..hydraulic material on the soil….how do you take care of that.
There were no questions from the board.
Chr. Csiki asked if there was anyone present to speak on behalf of application #2000-10.
Jim Humprey, member of Willington Fish and Game Club - across the street spoke in favor of application #2000-10.
John Marsashault, from Willington Fish and Game Club stated that they were not notified but had no objection.
A discussion of adjoining property owner and the issue of legal notification raised.
Chr. Csiki said that the board would look into the issue.
Elliot Steele, president of the Rivers Edge Condo Association, was present and stated that he was not notified. The only person notified was Dan Wilde, (who just returned from Europe 3 days ago) …. 23 residents of the condo association were not notified.
Mr. Steel feels that he was not properly notified. He also had concerns about the well in which had bacteria present recently.
Mr. Caron discussed monitor wells and the location of the well on his property and the Rivers Edge Condo property.
Chr. asked Mr. Steele to submit a letter with his concerns.
Based on incompleteness of the application, Chr. Csiki said the public hearing would be continued to the November 9th meeting. If the legal notification is defective, the application will be denied and the applicant will need to start the re-application process.
No other correspondence received in favor or in opposition of application #2000-10.
Application #2000-10 was continued at 8:16 p.m. to November 9, 2000 at 7:30 p.m.
Chr. Csiki opened the public hearing for application #2000-11 at 8:20 p.m. Application #2000-11 pertains to the same location.
#2000-11 – 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 acknowledged that there was no one present from Impact Strategies
There were no questions from the board.
Chr. Csiki noted that the same documentation from application #2000-10 are deficient in application #2000-11.
Based on incompleteness of the application, Chr. Csiki said the public hearing would be continued to the November 9th meeting. If the legal notification is defective, the application will be denied and the applicant will need to start the re-application process.
Application #2000-11 was continued at 8:24 p.m. to November 9, 2000 at 7:30 p.m.
Chr. Csiki opened the public hearing for application #2000-12 at 8:30 p.m. Application #2000-12 pertains to the same location.
#2000-12 – 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 noted that the same documentation from application #2000-10 and #2000-11 are deficient in application #2000-12.
A employee was present to speak on behalf of Plassein which is the corporate headquarters with 6 employees and 2 consultants. They own 6 company’s around the country, manufacturing plastic and products performing general office type work. Business hours are Monday through Friday 8:00 a.m. – 5:00 p.m.
Chr. Csiki asked if there were no questions from the board.
N. Potvin, asked Mr. Caron what they were using the storage facility in the rear of the building for. Was it office space. Mr. Caron stated that building materials used for maintenance are stored in that building.
Chr. Csiki asked if there was anyone present to speak on behalf or in opposition of application #2000-12.
Jim Humprey, member of the Willington Fish and Game Club spoke in favor.
Mr. Steele had the same comments as in application #2000-10.
During the site walk, Chr. Csiki noted the following and requested Mr. Caron take care of:
1. an above ground wire located in the front of the building (where the lights are
located)
2. cover existing test well which is 12” above ground
3. steel tanks removal
Chr. Csiki reminded Mr. Caron that the site plan must have more detail.
Chr. Csiki noted that the same documentation from application #2000-10 and #2000-11 are deficient in application #2000-12.
Based on incompleteness of the application, Chr. Csiki said the public hearing would be continued to the November 9th meeting. If the legal notification is defective, the application will be denied and the applicant will need to start the re-application process.
Application #2000-12 was continued at 8:34 p.m. to November 9, 2000 at 7:30 p.m.
Chr. Csiki opened the public hearing for application #2000-14 at 8:35.
#2000-14 – Application for an 18’ side yard variance for existing patio with arbor, 20’ side yard variance for existing deck and a 25’ side yard variance for a proposed 24’ x 24’ two-car garage located at 36 Tolland Turnpike (map 30 lot 31 R80 zone) Owner/Applicant: Charles and Cheryl Woodworth
Members same seated as above.
Chr. Csiki noted the following documents in file:
Letter from Tarbell and Henitz, surveyors, a site map indicating structures and receipts of certified mail.
A site walk was conducted on 10-7-2000, present; S. Goodrich, D. Brown, R. Maloney and Chr. Csiki.
Mr. Woodworth was present and stated that he was not aware that he needed variances for his structures. He stated that he was notified by Mr. Jones and submitted his application.
Mr. Woodworth explained his request for a variance for a deck, arbor and proposed garage.
Chr. Csiki stated that during the site walk it was determined that a 1’ side line variance was necessary for the wood deck, a 17’6” side line variance for the brick patio and arbor, and a 20’ 6” side line variance for the proposed garage.
Chr. Csiki noted that Mr.Woodworth’s shed is under 10’ in height and does not require a variance.
Mr. Woodworth described his hardship being his septic system located in front of house and well is in back of house.
Vice Chr. Maloney asked Mr. Woodworth if his deck, arbor and garage could be located anywhere else on his property.
Mr. Woodworth replied no.
Bob Wiecenski spoke in favor of application #2000-14.
Chr. Csiki stated that there were no further questions from the board, no correspondence received in favor or in opposition of application #2000-14.
Chr. Csiki closed the public hearing for application #2000-14 at 8:43.
Chr. Csiki reconvened the regular meeting at 8:44 p.m.
Members seated same as above
Preapplication
#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 (map 55 lot 007-08 R80 zone)
Wendell Davis was present to speak on behalf of SBA.
Chr. Csiki noted the following documents in the file:
ZBA application.
Letter to Zoning Board of Appeals dated 9-15-00 from Wendell Davis regarding notice of appeal.
SBA site plan and survey concerning the property.
Mr. Davis explained that the Town and SBA are trying to work together to come to a resolution.
Mr. Davis said they filed the ZBA application due to statutory deadlines.
Chr. Csiki, without objection from the board, accepted application #2000-15 and deferred the application, to save on publication fees and based on what Mr. Davis explained, to the December 14th meeting.
NEW BUSINESS
#2000-14 – Application for an 18’ side yard variance for existing patio with arbor, 20’ side yard variance for existing deck and a 25’ side yard variance for a proposed 24’ x 24’ two-car garage located at 36 Tolland Turnpike (map 30 lot 31 R80 zone) Owner/Applicant: Charles and Cheryl Woodworth
A motion by D. Brown was made to grant 17’6” side line variance brick patio and arbor, a
1’ side line for wood deck and a 20’ 6” side line variance for proposed garage seconded by N. Potvin. All in favor, passed unanimous.
MINUTES
A motion to approve the minutes of September 14, 2000 was made by R. Maloney, seconded Mananskie. All in favor, passed unanimous.
CORRESPONDENCE
10TH Annual CT Commercial Real Estate Conference
DISCUSSION
Proper notification of adjoining land owners of record was discussed in length. It was suggested that the board obtain a clear definition.
Applicant’s responsibility to read the regulations, interpret, and apply it property.
ADJOURNMENT
A motion was made by Chr. Csiki to adjourn, seconded by R. Maloney to adjourn at 9:20 p.m.
Respectfully submitted,
Patricia Fabrycki, Clerk for ZBA Approved__________________________
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