TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
December 14, 2000
The Willington Zoning Board of Appeals held a Public Hearing Meeting on December 14, 2000 at 7:30 at the Town Office Building, 40 Old Farms Road, Willington, CT
PRESENT ABSENT
Chr. Csiki D. Brown, (excused)
Vice Chr. R. Maloney, S. Goodrich, Alt.
R. Claus P. Enderle, Alt.
N. Potvin R. Mananski, Alt.
Chr. Csiki opened the public hearing at 7:36 p.m.
PUBLIC HEARING
#2000-16 – Application to appeal the ruling of the Zoning Enforcement Officer and request a variance for a proposed single family dwelling to be constructed in the rear of an existing non-conforming building located on Cemetery Road (map 52 lot 27 R80 zone) Owner: Bridgette Doty/Applicant: Sara Duga
Present; Leslie Doty, Sara Duga, Dennis Duga, and Attorney Dorian Reiser.
Attorney Reiser presented her case and interpretation of the Zoning Regulations, to appeal the ruling of the Zoning Enforcement Officer.
A lengthy discussion regarding the regulations followed.
Chr. Csiki read the following documents into the record:
1. Affidavit dated 11-3-00 from Brenda A. Draghi
2. Memo dated 11-15-00 from Gary Jones
3. Affidavit dated 11-30-00 from Dorian L. Reiser
It was noted that a site walk was conducted with the Doty’s present on December 2, 2000 at 9:00 a.m.
Chr. Csiki stated that there were no further questions from the board, no one present to speak in favor or in opposition, and no correspondence received in favor or in opposition of application #2000-16.
Chr. Csiki closed the public hearing for application #2000-16 at 8:40.
Chr. Csiki opened the regular meeting at 8:41 p.m. Members seated same as above.
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PREAPPLICATION
#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 (Received 12/1/00, Public
Hearing by 2/8/01)
A motion to accept application #2000-17 was made by R. Maloney, seconded by R. Claus. All in favor.
A public hearing is scheduled for January 11, 2001 at 7:30 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 (Received 12/1/00, Public
Hearing by 2/8/01)
A motion to accept application #2000-18 was made by R. Maloney, seconded by R. Claus. All in favor.
Chr. Csiki noted that site walks would not be necessary for application #2000-17 and #2000-18 due to the fact that the location was known by all members.
A public hearing is scheduled for January 11, 2001 at 7:30 p.m.
#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 (Received 12/11/00, Public Hearing by 2/8/01)
A motion to accept application #2000-19 was made by R. Maloney, seconded by R. Claus. All in favor.
A public hearing is scheduled for January 11, 2001 at 7:30 p.m.
#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 (Received 12/11/00, Public Hearing by 2/8/01)
A motion to accept application #2000-20 was made by R. Maloney, seconded by R. Claus. All in favor.
A public hearing is scheduled for January 11, 2001 at 7:30 p.m.
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#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 (Received 12/11/00, Public Hearing by 2/8/01)
A motion to accept application #2000-21 was made by R. Maloney, seconded by R. Claus. All in favor.
A public hearing is scheduled for January 11, 2001 at 7:30 p.m.
Chr. Csiki noted that site walks would not be necessary for application #2000-19, #2000-20 and #2000-21. Members are familiar with the location.
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 (map 55 lot 007-08 R80 zone) Owner: J. Miahliak/Applicant: SBA.
Chr. Csiki said the applicant for application #2000-15 are working on an agreement and SBA has requested a 65 day extension. If no agreement has been made by 2/8/01, a public hearing will be held.
CORRESPONDENCE read into record.
1. Letter from Board of Finance dated 11-16-00 regarding the 1999-2000 Annual
Report
2. Letter from Board of Selectman dated 12-5-2000 regarding the re-appointment of
Dorothy Brown as a regular member.
3. Letter from Board of Selectman dated 12-5-2000 regarding the re-appointment of
Paula Enderle as an alternate member.
4. CT Fed of P & Z Agencies Quarterly Newsletter
5. Zoning Bulletin Page 6-7 November 10, 2000
6. Trail subscription notice of Noise Regulation Report
The board recessed for 10 minutes at 8:45 p.m.
Reconvened at 8:55 p.m.
MINUTES
A motion to accept the minutes of November 9, 2000 as amended, was made by R. Maloney as follows: Page three, just above “minutes” Vice Chairman Maloney made a motion to deny application #2000-11, this should be #2000-12.
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OLD BUSINESS
#2000-16 – Application to appeal the ruling of the Zoning Enforcement Officer and request a variance for a proposed single family dwelling to be constructed in the rear of an existing non-conforming building located on Cemetery Road (map 52 lot 27 R80 zone) Owner: Bridgette Doty/Applicant: Sara Duga
It was decided, after listening to testimony presented by Attorney Reiser, that a motion be made, that the interpretation of the ruling of the Zoning Enforcement Officer be rescinded and that Section 4.05 was not applicable in this case.
Vice Chr. Maloney moved that the applicant’s appeal of Assistant Zoning Enforcement Agent, Gary M. Jones’ ruling that the applicants proposed building does not conform to Section 4.05 is overturned and the Board finds that the applicant is not in violation of Section 4.05 and Section 7 of the Willington Zoning Regulations.
This was discussed and the board accepted a friendly amendment by Chairman Csiki to add to the above, and the applicant is not required to comply with Section 4.05 of the Willington Zoning Regulations. All in favor, passed unanimously.
Chr Csiki and Vice Chr. Maloney thanked Mr. Jones for his careful interpretation of the Willington Zoning Regulations and indicated that if they were put in Mr. Jones position their decision would have been the same.
ADJOURNMENT
A motion to adjourn at 9:37 was made by R. Claus, seconded by Vice Chr. Maloney. All in favor, passed unanimously.
Respectfully submitted,
Pat Fabrycki, Clerk for ZBA Approved _____________________
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