Town of Willington
Zoning Board of Appeals
Special Meeting Minutes
October 23, 2002
Continuation of meeting held on October 10th for Application # 2002-10. Called to order at 7:30. Seated for the meeting is Chairman Csiki, D. Brown, C. Deskus seated for R. Manaskie, R. Maloney, N. Wilson seated for R. Claus. Present although not seated T. Smith.
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.
The first order of business was to entertain a motion to take off the table the
motion to deny application 2002-10. Motion was made by C. Deskus and 2nd by D.
Brown to take off the table the motion to deny application 2002-10. Vote: All in favor.
Before discussion began the Chair read into the record the following:
“At our last meeting held on Thursday, 10/10/02 during the discussion on a motion to deny application 2002-10, some comments were made by a new member of the board that I believe require comment and clarification. In doing so, I make these comments as an individual member and as chairman of the board, not for the board.
The remarks that I will address are as follows:
1. In part, quote, “Just because you can put somebody’s crackers in a vise you don’t have to do it.”
2. In part, quote, “He responded, not exactly as you wanted, but I’m sorry I just don’t think this is fair.”
3. In part, quote, “At some point you got to interject some common sense into this zoning stuff, process.”
From these remarks one could derive as a logical consequence that this board was acting in a manner exceeding it’s statutory and regulatory authority, acting unfairly and unreasonable. In my opinion nothing could be further from the truth.
For the record, I have served on the zoning board of appeals for the better part of the past 17 years, serving as both chairman and vice-chairman during that period.
During those years, from my experience serving on the ZBA, the board had always and consistently functioned as a practical board in carrying out its duties and responsibilities. Further, I have never observed the board engage in any activity that was an abuse of its authority.
It’s been my experience that the board has always performed its responsibilities in an impartial, fair and consistent manner fully cognizant of that delicate balance that must be achieved between the rights of the property owner/applicant and the public’s health, safety and welfare concerns. In doing so, rendering decisions that are in harmony with the general purpose and intent of the zoning regulations of the Town of Willington as required by law.
There is no doubt in my mind that a thorough review of this board’s past actions during that period will support the position that this board has adjudicated the matters before it exhibiting the highest degree of integrity and fairness that the public we serve expects and deserves.”
D. Brown asked that the motion be read again.
R. 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 critical elements necessary for approval including:
1. The failure to allow zoning agents required and requested access to the premise.
2. That the addition of the applicant’s employees bring the total number of approved businesses and residence’s 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.
N. Wilson felt Mr. Buccino had a legal right to refuse second request for a site walk. He also felt EHHD and Atty. Branse saw no further strain on the septic system.
R. Maloney clarified that the Board requested representatives to find out what uses were currently being made of the building through a visit to the site. He also stated that based on Atty. Branse’s letter, of 12/13/2001 on page 2, “In evaluating applications under Section 9.03.03, the Board can clearly inquire as to the adequacy of an existing septic systems and require the applicant to demonstrate that the general criteria of Sections 9.03.03 and 13.05.06 are met.” The Board had a right to request that information.
N. Wilson did not think Mr. Buccino should bear burden of expense to check septic system.
R. Maloney reiterated, “we have full authority as board to request that information”. He also went on to state Janet McAllister of the Eastern Highlands Health District was critical of the passage of previous application and did not support approval of this application.
N. Wilson wanted to know what kind of septic tank there was, steel or concrete.
D. Brown explained that the Board had requested that information on the last application and Mr. Buccino had not been forthcoming with that information.
C. Csiki as if there was any more discussion. He then asked that the motion be read again.
R. Maloney read the motion.
C. Csiki then explained that only a simple majority was needed to deny motion (3 votes to deny).
Vote to deny application 2002-10 was taken. C. Csiki, R. Maloney, C. Deskus, D. Brown voted yea. N. Wilson voted nay. Motion carried.
Adjournment: Motion to adjourn made by R. Maloney, seconded by N. Wilson. Vote: All in favor. Meeting adjourned at 8:08.
Respectfully submitted, Andrea Jordan, Clerk for ZBA
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