TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES - DRAFT
March 8, 2001
The Willington Zoning Board of Appeals held a Public Hearing on March 8, 2001 at 7:30 at the Town Office Building, 40 Old Farms Road, Willington, CT
PRESENT ABSENT
Chr. C. Csiki N. Potvin, excused
Vice Chr. R. Maloney P. Enderle, Alt.
D. Brown
R. Claus
R. Manaskie, Alt.
S. Goodrich, Alt.
Also present: Attorney Eric Knapp
Chr. Csiki seated R. Manaskie for N. Potvin.
Chr. Csiki reconvened the public hearing for application #2000-17 at 7:30 p.m.
#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 noted the following documentation received since the January 11th meeting.
A package dated 2-8-01 containing public documents of Planning and Zoning Commission and Zoning Board of Appeals matters relating to 156 River Road.
A letter dated 1-31-01 to Bruce Rich, Ergonomic Products regarding parking at 156 River Road from Assistant Land Use Agent Gary Jones.
A letter dated 1-31-01 to Mark Roberts, CableLan Express, Inc. regarding parking at 156 River Road from Assistant Land Use Agent Gary Jones.
A letter dated 2-9-01 to Land Use Agent Gary Jones regarding parking at 156 River Road from Bruce Rich, Ergonomic Products.
The documentation was discussed in length.
Stephen Penny, Esquire, called attention to a letter received from CableLan dated 2/22/96 and talked about the law in Connecticut regarding abandonment.
Chr. Csiki read the letter dated 2-9-01 to Land Use Agent Gary Jones regarding parking at 156 River Road from Bruce Rich, Ergonomic Products.
Discussion regarding abandonment of the parking lot pursued.
Chr. Csiki asked the board if there were any questions or comments.
Eric Knapp asked why Mr. Buccino was not present.
Stephen Penny replied that Mr. Buccino was recovering in Florida.
A conversation about the 3 parking spaces followed.
Chr. Csiki asked if there were any more questions from the board. There was none.
Chr. Csiki asked if there was anyone present to speak in favor of application #2000-17. There was none.
Chr. Csiki asked if there was anyone present to speak in opposition of application #2000-17.
John Patton, Director of ACE Equipment and property owner spoke in opposition.
Chr. Csiki said he noted on one occasion, five vehicles were parked in front and the rear end of a red pick up truck was so close to the road. Chr. Csiki said “it’s a very dangerous situation”, and on 2-8-01 he noted four vehicles parked in the front and the same issue with the red pick up truck. Chr. Csiki said “it’s really a public safety issue”.
James Humprey spoke in opposition.
Stephen Penny defended comments on behalf of the affidavit submitted by Mr. Buccino.
Bruce Rich, from Ergonomic Products provided clarification of his letter and was present to answer any questions.
Chr. Csiki and Stephen Penny debated whether documentation (Mr. Buccino’s own document that shows only a loading dock, no parking [Attachment 1]) was ambiguous.
Stephen Penny said document is not a site plan – only a drawing of the building -- no parking is shown at all.
Chr. Csiki, hearing no other questions closed the public hearing for application #2000-17 at 8:05 p.m.
Vice Chr. Maloney reconvened the public hearing for application #2000-18.
#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
Seated; Vice Chr. Maloney, D. Brown, R. Claus, R. Manaskie, who was seated for Chr. C. Csiki, and S. Goodrich, who was seated for N. Potvin.
S. Goodrich, seated for N. Potvin was instructed to review the recording of the January 11, 2001 meeting and familiarize himself on the public hearing for application #2000-18.
Stephen Penny spoke and gave a brief synopsis of application #2000-18.
Stephen Penny read the letter from Mr. Buccino dated 2-26-01 regarding Appeal ZEO Cease and Desist Orders.
Vice Chr. Maloney entered Mr. Buccino’s document into the record as Appellant Exhibit #11.
Stephen Penny submitted, as evidence, a copy of Cummings v. Tripp.
Vice Chr. Maloney entered the document into the record as Appellant Exhibit #12.
Stephen Penny talked in length about the parking lot.
Vice Chr. Maloney submitted the following documents:
#1. Town of Willington Zoning Regulations dated 1987 pages 79, 80, and 81.
#2. Minutes from Planning and Zoning Commission dated 9-1-1987.
#3. State of CT DOT letter to T. Buccino dated 7-20-92 subject: State Highway
Encroachment Permit from Vincent Urban revoking permit.
#4. Minutes from Planning and Zoning Commission dated 9-20-1988.
#5. Letter from Thomas Buccino dated 4-22-92.
#6. Letter from Susan Yorgensen, ZEO and Chr. Planning and Zoning Commission to
Vincent Urban dated 6-1-92 regarding the parking lot.
#7. Letter from the Chr. Planning and Zoning Commission to Palmer S. McGee (Day,
Berry & Howard) dated 1-8-90 regarding the apartment at 156 River Road.
Eric Knapp and Stephen Penny discussed, at length, the regulations regarding the expiration/renewal of special permits.
Vice Chr. Maloney recessed the meeting for five minutes.
Vice Chr. Maloney reconvened the meeting at 8:48.
The discussion continued.
George Buck, a citizen of Willington spoke.
John Patton, Director of ACE Equipment, property owner, spoke in opposition of the parking lot.
Stephen Penny spoke in support of his client.
James Humprey spoke in opposition.
Jack Marasault spoke in opposition.
Vice Chr. Maloney asked if the board had any questions or comments.
Stephen Penny referenced Planning and Zoning Minutes dated 10-3-1989, page 2, and read item #3 into the record.
Vice Chr. Maloney marked the minutes dated 10-3-89 submitted by Stephen Penny as Appellant #13.
John Patton spoke again in opposition.
Stephen Penny called attention to the Planning and Zoning Minutes dated 9/1/1987 regarding the approval of the construction of the unpaved parking lot.
A lengthy discussion on the paving of the parking lot pursued.
Vice Chr. Maloney asked if there were any more questions from the board. There was none.
Vice Chr. Maloney asked if there was anyone present to speak in favor of application #2000-18. There was none.
Vice Chr. Maloney, hearing no other questions closed the public hearing for application #2000-18 at 9:18 p.m.
REGULAR MEETING
Vice Chr. Maloney turned the meeting over to Chr. Csiki.
Chr. Csiki called the regular meeting to order at 9:19 p.m.
Members seated; Chr. Csiki replaces S. Goodrich who was seated for the Chr. for application #2000-18, Vice Chr. Maloney, D, Brown, R. Claus, and R. Manaskie.
MINUTES
Minutes of 1/11/01 – Motion by Chr. Csiki to amended as follows: page 5, Election of Officers, reflect to show seconded by R. Claus. Seconded as amended by R. Maloney.
Minutes of 2/8/01 – approved as presented.
DISCUSSION
Chr. Csiki authorized payment of $75.00 for renewal of CT Federation of Planning and Zoning Agencies membership.
CORRESPONDENCE
The following correspondence was read.
1. Letter to Gary Jones dated 2/9/01 from B. Rich regarding parking at 156 River
Road.
2. CT Fed of P&Z Agencies Fall 200 newsletter.
OLD BUSINESS
Chr. Csiki was contacted by Recreation Director, Mike Eldredge regarding the summer series concerts and had a mixed discussion. Chr. Csiki indicated to Mr. Eldredge that the town should follow the regulations. Chr. Csiki stated that the recreation department will be applying for a special exception as in the past.
Al St. Louis spoke about reserve land.
Chr. Csiki reminded S. Goodrich to review tapes from the January meeting.
The board requested, and would appreciate any changes made in the regulations since 6-26-97.
ADJOURNMENT
A motion to adjourn was made by R. Claus, seconded by R, Manaskie at 9:34 p.m. All in favor.
Respectfully submitted,
Patricia Fabrycki, Clerk for ZBA ________________________
Approved
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