Town of Willington
Zoning Board of Appeals
Amended Minutes
October 10, 2002
Continued Hearing 2002-10. Called to order at 7:32. Seated for hearing is Chairman Csiki, D. Brown, C. Deskus seated for R. Claus, R. Maloney, N. Wilson seated for R. Manaskie. Present although not seated T. Smith. The record will show that the applicant Dr. Chao is 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 August 8, 2002.
Chr. Csiki asked if D. Brown and R. Maloney had listened to tapes of 8/8/02 meeting and felt they were informed enough to make a decision. Both responded yes.
Chr. Csiki responded to a question raised by Diane Becker on 8/8/02 concerning site walk notification. His statement was read into the record and made a part of file 2002-10.
Chr. Csiki also read into record correspondence from S. Yorgensen, Zoning Officer to T. Buccino listing request by Zoning concerning the property at 156 River Rd. Correspondence with attachments from R. Hisey to ZBA. Reply by T. Buccino to Ms. Yorgensen’s letter; and memo from J. McAllister, Eastern Highlands Health District Sanitarian to the ZBA concerning the subsurface sewage disposal system.
Chr. Csiki then clarified that submitted correspondence not pertaining to application submitted would be accepted but contents would be weighed by its validity. Also, if a person testifies concerning an application but does not want to submit to cross-examination by Board, their testimony would not hold any weight.
C. Deskus agreed that much of info submitted had no connection to application submitted.
Dr. Chao had no new information to add.
J. Patton responded to a statement that he participated in the hearing. He stated that he has not, other than now, participated as a board member nor did he speak to the application. He has simply been a member of the audience.
Peter Latincsics, 97 Trask Road, spoke in support of the application, explaining that high tech businesses are an asset to Willington.
Diane Becker, 186 Tolland Turnpike clarified statements made by Mr. Hisey concerning Ace Equipment. Ms. Becker stated that Ace Equipment is indeed an abutter to the 156 River Road property.
Jim Humphrey, Pres. Of Willington Fish & Game is concerned with the impact on the watercourses if something were to happen with the septic system. He feels a study should be done to determine what the system can handle. He would like reassurance that no problem with possible sewage into Willimantic Rive.
Brian Alton, member of WFGC wanted to know why the WFCG was not notified as an abutter and Chr. Csiki explained that for variances abutters are notified not for special exceptions.
Chr. Csiki asked Dr. Chao if he was engaging in business at the property. Dr. Chao said he has moved in and that he has a residential telephone installed.
Chr. Csiki asked for questions of the Board members and clarified for the members that the hearing will conclude tonight 10/10/02 and that if anyone had any questions to please state them now.
Mr. Maloney had no questions.
Mr. Deskus had no questions.
Mr. Smith had no questions
Mr. Wilson discussed what he felt was an unreasonable request of Mr. Buccino to have an engineer research the septic system when the occupants have not gone over the historic numbers of the building.
Mr. Maloney explained his view concerning the historic numbers of the building.
As a resident of Willington, Mr. Maloney stated he would like nothing better to do everything in his power to have Dr. Chao’s business up and running. The historical loading base of that building has now been met or very closely met.
Mr. Maloney asked the members to review Atty. Branse’s letter of 12/13/2001 in which he detailed specifically how critical it is for the board to explore that issue once that loading requirement meets a certain level. He also explained to the members that when the Board approved the previous application they were concerned about the septic system at that time.
Mr. Maloney also stated in response to Mr. Wilson’s question that it was Mr. Buccino’s responsibility to supply engineering data concerning the septic system.
Mr. Deskus asked Mr. Humphrey if, as an abutter, he felt the septic system was a nuisance.
Mr. Humphrey restated that he wanted reassurance that there was no problem with possible sewage seepage into the Willimantic River.
Mrs. Brown wanted to know when Mr. Buccino purchased the property.
Mr. Hisey replied that it was approximately 1967.
No others spoke in support or opposed to application 2002-10
Chr. Csiki closed the hearing at 8:47.
Regular Meeting: Present: Same as above.
Call to Order: Opened at 8:47 p.m.
Preapplication:
Application #2002-12 for a variance to add roof over existing deck and
enclose with glass to protect from elements under Section 8.03, Table 8.02 of the Willington
Zoning Regulations for property located at 72 Latham Road. (Zone R80, Map 9, Lot 19)
Owner/Applicant: Edward J. Conlan. (Received 10/10/2002, Hearing on 11/14/2002; Decision
before 1/9/03)
Mr. & Mrs. Edward Conlan explained the reason they wanted to build a roof over
the front deck. They also stated that the replacement deck and roof would be in the same footprint as the old deck. There would be no overhang of the roof beyond the footprint of the deck.
Chr. Csiki and the board members did not feel a variance would be needed. Chr.
Csiki stated he would discuss the application with the Zoning Department and if, indeed,
the variance was not needed the ZBA would refund the application fee.
Board tentatively scheduled a site walk for 11/9/2002 at 9 am.
Minutes: September 12, 2002 - Amended to read on page 2, R. Maloney asked Dr.
Chao if he had moved into the building…; Page 3, #3 the property owner, Thomas
Buccino, be requested to have the septic system inspected by a licensed professional
engineer experienced in subsurface sewage disposal systems.
Mr. Maloney entertained a motion to approve minutes with amendments,
seconded by Mr. Wilson. No discussion. Vote: All in favor.
Correspondence:
All correspondence read into record by Chr. Csiki.
Old Business:
Chr. Csiki made a motion to add Application 2002-10 to Old Business, Mr.
Maloney 2nd motion. Vote: All in favor.
Mr. Maloney made a motion to discuss the motion.
Mr. Maloney moved that application 2002-10 be denied based upon the
preponderance of evidence presented during the public hearing that represented an
application devoid of the critical elements necessary for approval.
1. The failure to allow zoning agents required and requested access to the premise.
2. That the addition of the applicant employees bring the total number of approved businesses and residence defined use to 33 by Mr. Buccino’s letter of 10/7/2002 and the one bedroom apartment reflects 7-8 employees. As the sewage load at present stands at 40-41 employees, the addition of applicant’s employees represents a substantial increase and requires the reasonable remedy requested by the board of the applicant on September 12, 2002.
Mrs. Brown seconded motion.
Discussion by members and recommendation to hold a special meeting on 10/23/02 at 7:30 pm.
Chr. Csiki asked that taped copies of tonight’s minutes be made for R. Manaskie and R. Claus.
A motion to table motion was made by Mr. Deskus, 2nd by N. Wilson. Vote: All in favor.
Discussion:
Adjournment: Motion to adjourn made by D. Brown, seconded by N. Wilson. Vote: All in favor. Meeting adjourned at 9:53.
Respectfully submitted, Andrea Jordan, Clerk for ZBA
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