Town of Willington
Zoning Board of Appeals
Minutes
September 12, 2002
Reconvene Hearing 2002-09 – Application for a variance to erect a 26’ x 32’ detached garage under Section 4.05, 7.01, Tables 7.1, 8.01, 8.02 of the Willington ZBA for property located at 377 River Road. Owner/Applicant: Merritt and Linda Knight.
Seated for this meeting: Chr. C. Csiki, Alt. N. Wilson seated for R. Claus, Alt. C. Deskus seated for R. Manaskie, and Alt. T. Smith seated for R. Maloney. Mr. & Mrs. Knight were not present at hearing.
Application was read by Chr. Csiki. Chr. Csiki asked members of board if they had enough information supplied by Mr. Knight at last month’s hearing to make a decision when we come to that point in the hearing.
Mr. Wilson questioned the added footage of Mr. Knight’s house that was presented at the last meeting. Chr. Csiki explained that it was his understanding that the additional footage was non-existent.
Mr. Deskus wanted to know if the garage would be no more than what was presented by Mr. Knight.
Chr. Csiki read a possible motion to approve application 2002-09, granting a 26’ rear line variance for the purpose of building a two-story garage not to exceed 1.392 s.f. of floor area, gross.
Garage shall be built according to plans submitted to and approved by the Zoning and Building Departments. Said building shall be located as shown on survey dated June 30, 2001 as submitted by applicant.
The variance is granted as hardship has been demonstrated due to limitation of property on south side by septic system and limited usable property width on north side. Best location, use of land for proposed garage.
There was no written correspondence either in favor or in opposition to Application 2002-09. No one present spoke in favor or against Application 2002-09.
Hearing was closed on File #2002-09 at 7:30 p.m.
Reconvene Hearing 2002-10. Called to order at 7:39. Seated for hearing is Chairman Csiki, D. Brown, R. Claus, R. Maloney, R. Manaskie. Present although not seated are Alternates C. Deskus, T. Smith, and N. Wilson. The record will show that the applicant Dr. Chao is not present.
File #2002-10 – Application for a Special Exception under Section 13 of the Willington Zoning Regulations for property located at 156 River Road. Owner: Thomas Buccino; Applicant: Yong-Sheng Chao. This is a continuation of the hearing that was opened last month. Chr. Csiki described what Dr. Chao and his wife were going to do in the space. It was discussed that Dr. Chao would supply some information. Dr. Chao would supply a list of the chemicals he would use and how they would be disposed. The board also asked that Dr. Chao supply the board with documentation of what he did.
Chairman Csiki asked Mrs. Jordan to telephone Dr. Chao and request that he come to the meeting. Mrs. Jordan was able to reach Dr. Chao at the office in the Mill Complex.
Chr. Csiki asked for questions after presenting into the record all correspondence received since last month’s hearing regarding this application.
At last month’s hearing the Board requested that Dr. Chao gather additional information concerning this application. Dr. Chao did so immediately.
The Board also requested information from the owner, Thomas Buccino. He was uncooperative and unresponsive.
The Board requested that the Zoning Enforcement Officer and the Assistant Zoning Officer ascertain current status of the number of employees; parking spaces (who is assigned what spaces); and the septic system. The Board brought to the attention of Dr. Chao the memo that was sent by the Health Official regarding the necessity of knowing exactly how many people are employed at the Mill Works complex. Not having this information, the Health Official could not make a determination whether or not this goes under historical aspect or requires further study.
The Board explained to Dr. Chao that they would need more information before they could make a decision. Therefore, the Board felt that Dr. Chao should request an extension so that the Board could extend the hearing until October 10, 2002. (Dr. Chao then requested an extension, in writing, to the Board to extend the hearing until 10/10/02.) The Board would then have to have all the information requested, in their possession on that date, so that they could make a determination of the application.
The Board still wants to know:
a. Who is there, in the businesses.
b. Specifically where these people are parking.
c. Septic information.
Chr. Csiki explained to Dr. Chao that there were five regular members present at this hearing and three alternate members. The alternates could not vote but Chr. Csiki asked if they might be present to take part in the discussion. Dr. Chao said he would have no objection.
Chr. Csiki then opened the floor to discussion.
Mr. Manaskie voiced his concern about the septic and parking information given the Board by the owner, Mr. Buccino. He also asked Dr. Chao how many employees he would eventually have, Dr. Chao said five.
R. Claus said there should be information as to when the septic system was put in and what size, etc. Mr. Maloney explained that the Town did not have any of that information and that was why they were requesting the Health Department to analyze the current condition of the system and make recommendations. Mr. Claus also wanted to know if Mr. Buccino had records of when the system was pumped out.
N. Wilson and D. Brown agreed.
R. Maloney as Dr. Chao if he was moved into the building and was his telephone hooked up. Dr. Chao said yes, but he was not doing any business. Mr. Maloney also said it was unacceptable behavior by Mr. Buccino in response to Mrs. Jordan request to make an appointment so that the Zoning Enforcement Officers could inspect the premises. He was also concerned about the septic system being at its maximum capacity. The parking spaces across the street have not been designated with lines and maintained as requested in the previous application nor has the area been posted with the proper signage.
C. Deskus was concerned about the septic and Mr. Buccino’s behavior concerning Mrs. Jordan’s request for an appointment.
All members agreed that it would be in the owner’s best interest to supply this information so that once and for all there would be documentation concerning the building. All felt that the Mill Works is an asset to the community and could be filled to capacity if the proper steps were taken to guarantee compliance with all the various codes and regulations of the Town.
It is the consensus of the Board that:
1. To request, again, of the Zoning Enforcement Officer to conduct a field audit of the facility and to make a determination as to the current number of employees that are working there; the number and location of the parking spaces assigned to those employees.
2. The Board wants to know what is in the ground.
3. The property owner, Thomas Buccino, pay for the Health Department to inspect the system and make a recommendation from their findings.
4. That a layout of the building be made with the square footage of all spaces in the building noted. That the Zoning Officers have access to all spaces so that this determination is verified.
Chairman asked if there were any more comments.
Diane Becker, 171 Tolland Turnpike, Willington. Ms. Becker asked Dr. Chao where he lived, her concern being that he was living in the building. She also wanted to know where the “historic number of employees 45-48” came from, her concern was that Mr. Buccino had supplied that number. She also wanted to know about the 1 bedroom apartment. Was it verified and confirmed that it was indeed a one bedroom and not a 3-4 bedroom. Her last concern was that the club on the property was using the bathrooms whenever there were functions or meetings and that this information was not being calculated into the usage of the septic system.
Chairman Csiki read into the record the request by Dr. Chao for an extension.
Chr. Csiki then voiced his opinion concerning the condition of the septic system when the subject came up on the previous application of Nanocorp. He explained what Atty Branse, the Town attorney, had to say about the position of the Town concerning the power of the ZBA vs. the Health District. Chr. Csiki then read a proposal that should be attached to the current request of Mr. Buccino.
It reads as follows: Provide to the Board a complete analysis of the current septic system based on actual field investigation, soil characteristics, current condition of system, and capacity. Projected useable life of existing system, the systems ability to accommodate its present and future users. Identify any and all limitations of system if any are determined to be present, and any identifiable problems with adjacent watercourses. Such report shall be prepared by and certified to its accuracy by a licensed professional engineer qualified in sub-surface septic systems.
Chr. Csiki asked if the Board felt that the above statement should be submitted as a request to the owner. All agreed.
Mr. Wilson asked if a water meter could be installed as the Health Department recommended. He also wanted to know where the water came from. Chr. Csiki stated that there was a pump in the facility that pumps the water to the building.
Mr. Maloney suggested that the Board wait until all the information is in before any determination be made.
Chr. Csiki read into the record that: The Board requests that this document be forwarded to the owner by the Zoning office in addition to the information about the parking and the building occupants.
T. Smith requested clarification as to the weight the Town Sanitarian’s report is to the Town.
Chr. Csiki stated that the function of the Town Sanitarian is to enforce the Public Health Code not the Zoning Regulations.
Dr. Chao stated that he would do his best to encourage the owner to comply with the Town’s requests.
Chr. Csiki stated that if Mr. Buccino complied accurately, one time, then whenever someone left he would only have to notify the Town.
Hearing continued until October 10, 2002 at 7:30.
Regular Meeting: Present: Same as above.
Call to Order: Opened at 9:03 p.m.
Preapplication: Application #2002-11 for a variance to construct a 24’ x 24’ accessory building under Section 7.01, Table 7.1 of the Willington Zoning Regulations for property located at 11 Ridgewood Road (Map 14, Lot 65, Zone R80). Owner/Applicants: John & Dana Masse. Received on 9/12/2002.
Mr. Masse explained the reason he wanted to build a storage facility.
Chr. Csiki showed Mr. Masse the definition of “Hardship” as defined in the Glossary of Selected Legal Terms. Chr. Csiki then stated that upon review of the application, and based on what Mr. Masse had submitted so far, it would not meet the requirement of a hardship because it is self created and it is financial and the Board felt it had an obligation to explain that to Mr. & Mrs. Masse.
Chr. Csiki explained that according to the regulations and the assessor’s records Mr. Masse could have an accessory building up to 20% of his floor space of the house. He also mentioned that he had discussed this application with Ms. Jorgensen and she asked about a possible home occupation.
Ms. Masse explained that Mr. Masse does work through out the state. In order to do that he has his equipment at home instead of his place of employment so that he could more easily gather the necessary tools and go directly to the job site. She also stated that with lawn equipment and Mr. Masse’s tools there is no place to put everything undercover to protect it from theft and the weather.
Mr. Masse said that there was an existing out building on the property measuring 18’ x 22’ (396 s.f.) that is now being used to house the lawn equipment.
Chr. Csiki explained that Mr. Masse has every right to make an application but the Board wants to be honest and up-front with the applicant and explain that the application is $90 and based on what Mr. Masse explained as a hardship the Board could not grant a variance. He also explained that a variance goes to the owner’s deed not to the owner. That whenever the variance is granted it goes on the land record and it stays there forever. The Chairman told the Masse’s that they could submit the application but that in order to be approved they would have to convince the Board that the hardship was not self created and was not financial.
Mr. Masse contended that if he doubled the size of his house he could then have his out-building.
Chr. Csiki suggested that if Mr. & Mrs. Masse did not like the regulations they could go to the Zoning Commission and request a regulation change.
Chr. Csiki said that if the Masse’s wanted to go forward with the application and they after talking with Ms. Jorgensen withdraw it they could do so and their $90 would be refunded as long as the legal notices were not submitted for publication.
Hearing scheduled for October 10, 2002 at 7:30. No objection, no site walk is scheduled. If the application is withdrawn a written note should be submitted to the Board.
Minutes: August 8, 2002 - Amended to read on page 2, a rear-line variance instead of side line variance.
The Chair will entertain a motion to approve minutes by Mr. Maloney and seconded by Mr. Manaskie. No discussion. Vote: All in favor.
Old Business:
File #2002-09 – Merritt Knight requesting a variance. Seated will be Chr. Csiki, Alternates Mr. Wilson, Mr. Smith and Mr. Deskus will be seated for members Mr. Maloney, Mr. Manaskie and Mr. Claus.
Chair requests a motion to approve application 2002-09 granting a 26’ rear line variance for the purpose of building a two story garage not to exceed 1392 square footage of floor area gross. The garage shall be built in accordance with plans submitted to and approved by the Zoning and Building Departments. Said building shall be located as shown on survey dated July 30, 2001 as submitted by applicant. The variance is granted as hardship has been demonstrated due to limitation of property on south side by septic system and limited usable property width on north side. Best location, use of land for proposed garage. Motion made by T. Smith, seconded by N. Wilson. Vote: All in favor.
Discussion:
Adjournment: Motion to adjourn made by T. Smith, seconded by N. Wilson. Vote: All in favor. Meeting adjourned at 9:55.
Respectfully submitted, Andrea Jordan, Clerk for ZBA
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