TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
July 10, 2003
PUBLIC HEARINGS:
· File #2003-10 – Hearing opened at 7:32 p.m. for application for a 21’ front line variance to
construct an extended addition to basement, kitchen/dining room on first floor, and master bedroom on second floor for property located at 136 Daleville Road.
Members present: C. Csiki, D. Brown, R. Maloney, R. Manaskie, and C. Deskus seated for R. Claus. Also present: Jim Cilfone.
Site Walk held on 7/8/2003 at 6:00 p.m. Present: R. Maloney, N. Wilson, C. Csiki, Jim and Ann Cilfone.
Mr. Cilfone presented project.
Mr. Csiki amended the application to say 17’ variance after measuring from center of road during site walk.
Mr. Csiki reported the Board is not in receipt of any written correspondence either for or against this application. No one was present at the meeting either for or against application.
Hearing closed 7:38
Mr. Csiki reported Board will make decision tonight.
· File #2003-09 – Hearing opened at 7:39 for application for a Special Exception under Section 13 of the Willington Zoning Regulations for property at 156 River Road. (Map 15, Lot 27, R80 Zone) Owner: Thomas Buccino; Applicant: Yong Sheng Chao.
Chairman Csiki recused himself and Vice Chairman R. Maloney took over hearing.
Members present: N. Wilson seated for C. Csiki, D. Brown, R. Maloney, R. Manaskie, and C. Deskus seated for R. Claus. Also present: Thomas Buccino, Yong Sheng Chao.
Mr. Chao explained that he would be the only employee in a computer based business and that at no time would the amount of people employed be more than three.
Mr. Maloney read into the record correspondence from:
Mr. Hisey, dated 7/10/03 in support of application 2003-09.
Mr. Hisey, dated 7/10/03 providing information regarding members of the
Board related to persons involved in a lawsuit against Mr. Buccino.
Mr. Buccino, dated 1/2/03 letter to Susan Dinallo regarding plowing of parking
spaces.
Mr. Buccino, dated 7/6/03 letter plus attachments concerning septic field put
into record.
S. Yorgensen, dated 6/27/03 memo regarding G. Jones’ letter of 6/30/03.
G. Jones, dated 6/30/03 letter reporting parking situation.
S. Yorgensen, dated 6/6/03 letter and attachments to Mr. Buccino outlining
what he would need to include in the ZBA application.
Mr. Buccino, dated 7/6/03 letter to ZBA Board requesting a waiver of septic
system plan.
Mr. Buccino, dated 6/11/03 letter to ZBA Board reporting occupancy and
businesses at Mill Works.
Mr. Buccino reported that the septic analysis done previously is in order.
Mr. Chao explained his perception of why his last application was denied. First, the septic tank, and secondly, Mr. Buccino rejecting request for site walk, while Mr. Chao had complied with a request and had showed the Zoning officers everything in the office space he rents.
Mr. Maloney asked if Mr. Chao was now working at the Mill Works, he said yes. Mr. Maloney asked, “even though it was against the Board”?
Mr. Chao admitted that he was, explaining he had given up his old lease. He stayed there, not as a business. No business was done, he reads books and plays with the computer.
Ms. Brown questioned why Mr. Buccino denied site walk.
Mr. Maloney read denial for File 2002-10 listed in the 10/10/02 ZBA minutes.
Mr. Buccino disagreed with denial.
Ms. Brown questioned dye test done by Mr. Jacobs and sent to Mr. Klei that Mr. Buccino mentioned about the condition of the septic system.
Mr. Maloney asked Mr. Buccino to request a letter from EHHD summarizing septic system and a letter from IWWC stating whether any activity is proposed within the regulated area.
Mr. Maloney asked how many employees were now working in the building.
Mr. Buccino stated for the record, 17 employees.
No further comments from members, hearing opened to anyone in favor.
Peter Latincsics spoke in favor of the application. He spoke highly of Dr. Chao and said the Mill Works was attracting a higher level of businesses that were good for the Town.
Robert Hisey explained that the application would bring in a business with no impact on Town services.
Hearing opened to anyone opposed.
Susan Danillo, not opposed to application, is concerned with parking problems, spaces allocated, that no spaces are available, and that all spaces are full every day. She is also concerned about septic system.
Mr. Buccino discussed parking spaces and showed pictures concerning plowing issues during last winter.
Mr. Maloney asked if there was legal action taken.
Mr. Buccino said no legal action was taken.
Ms. Danillo responded that they had plowed after the storms.
Mr. Maloney read into the record the Cease and Desist orders of 5/5/2003 for both Mr. Chao and Mr. & Mrs. Buccino.
EDDH memo of 10/9/2002 to S. Yorgensen regarding septic system for 156 River Rd.
Mr. Maloney asked how many parking spaces Mr. Buccino had, he responded 33-34.
Mr. Maloney and Mr. Manaskie said that on the layout it was reported 31.
Ms. Brown responded that a total of 34 spaces were around the building according to Gary Jones’ memo of 6/30/2003.
Mr. Maloney asked if anyone else was opposed? None.
The Board requested that current documentation be obtained from the IWWC and EHHD before the next meeting.
Mr. Buccino requested a waiver of the site plan.
Hearing closed 8:50 p.m.
Hearing 2003-09 continued until 8/7/2003 at 7:30.
· File #2003-11 – Hearing opened at 8:50 for application for variance for existing residential personal use garage under Section 21.01.03.01 of Town of Willington Zoning Regulations for property located at 47 Luchon Road (Map 14, Lot 57F, Zone R80) Owner/Applicant: Nikki Uppling.
Members present: Chairman Csiki recused himself and Vice Chairman R. Maloney took over hearing, N. Wilson seated for C. Csiki, D. Brown, R. Maloney, R. Manaskie, and C. Deskus seated for R. Claus. Also present were Mr. & Mrs. Uppling.
Site Walk held on 7/8/2003 at 8:00 p.m. Present: R. Maloney, N. Wilson, and K. Uppling.
Mr. Manaskie disclosed conversation on 5/8/03 with Mr. Uppling. Mr. Uppling asked what was meant by a hardship. Mr. Manaskie told him that the Board would better be able to explain.
Mr. Maloney amended application to read “based under Section 4.05 garage is in front of house. Ms. Uppling initialed amendment.
Ms. Uppling explained hardship as topographical, with well and septic also playing a part. Mr. Uppling provided a sketch.
Ms. Brown asked why they had not come before the Commission when garage was built?
Mr. Maloney read a letter from Atty. Branse regarding legal issues pertaining to whether or not the ZBA has legal jurisdiction/authority/responsibility to hear and act on this application.
Mr. Maloney read into the record an application for certificate of zoning compliance dated 2/3/02 stating conditions by Gary Jones, dated 3/5/02 and initialed by Ken Uppling stating: “connector required for garage – zoning compliance not valid for garage if connector is removed or not installed.”
Discussion about the front of house. Commission said front door is front of house. Town says from street the garage is in front of house.
Ms. Brown stated the Upplings agreed to the zoning compliance when the garage was originally built.
No one spoke for or against application.
Commission decided hardship is topographical and the only place garage could be constructed.
Decision would be made tonight. Hearing closed at 9:20 p.m.
· File #2003-13 – Application for a Special Exception for canine training at property on 16
Moose Meadow Road (Map 21, Lot 8, Zone R80) Owner: VFW; Applicant: Baywood Kennels, LLC.
Members present: C. Csiki, D. Brown, R. Maloney, R. Manaskie, and C. Deskus seated for R. Claus. Also present: Patricia Wright, Susan Gagnon.
Site Walk held on 7/8/2003 at 6:30 p.m. Present: R. Maloney, N. Wilson, C. Csiki, and P. Wright.
Chr. Csiki made note of correspondence regarding amended lease.
Read into record memo dated 7/10/2003 from G. Jones stating his recommendations regarding the training facility.
1. That both outdoor training areas be located on the side of the building closest to the kennel property to lessen the impact on any other residential property.
2. Driveway entrance and parking area be brought up to Town of Willington Driveway Standards.
3. Dog-waste disposal plan be submitted.
4. Site to be used for dog training only, no occupancy or other kennel activities allowed.
Ms. Wright explained need for dog training in this area. Closest facility is Manchester. She would employee 2 to 3 trainers, at most five. Most likely would not operate on Sundays, just evenings and Saturdays. Training would be held indoors. She would grade and put down crushed stone and bring driveway up to standards. Ms. Wright also stated that clients are responsible for the cleanup of their dogs. She agreed that the site would be used for dog training and training seminars and meetings.
N. Wilson saw no problems with the application.
E. Beebe said the road in front of the VFW has water problems and if an apron is installed it may cause more water problems.
No one spoke in opposition.
Ms. Susan Gagnon, trainer, spoke in favor of the application. She reported that there was a need for a training facility in Willington and that Ms. Wright was more than capable of filling that need.
No other comments from the Board.
Hearing closed at 9:47 p.m.
· File #2003-12 – Application for front line variance for one story addition to existing house on property at 137 River Road (Map 15, Lot 17, Zone R80) Owner/Applicant: John Bellman.
Members present: C. Csiki, D. Brown, R. Maloney, R. Manaskie, and C. Deskus seated for R. Claus. Mr. Bellman could not attend tonight’s hearing.
Site Walk held on 7/8/2003 at 7:00 p.m. Present: R. Maloney, N. Wilson, C. Csiki, and J. Bellman.
Mr. Maloney made presentation for Mr. Bellman. There was a need for a 24’ front line variance. Explained the need to put addition where it was planned.
No written correspondence either for or against.
Neighbor across the street, Amelia Hinchliffe had no problem with application.
Hearing closed at 9:54 p.m.
REGULAR MEETING:
Present: C. Csiki, D. Brown, R. Maloney, R. Manaskie, N. Wilson and C. Deskus
CALL TO ORDER: Opened at 9:56 p.m.
MINUTES: Mr. Maloney made a motion to approve minutes of 5/8/03 and 6/12/03. Mr. Wilson seconded. Vote: All in favor.
CORRESPONDENCE:
NEW BUSINESS:
OLD BUSINESS:
File #2003-12 – Mr. Maloney entertained a motion to approve a 17’ front line variance to construct an extended addition to basement, kitchen/dining room on first floor, and master bedroom on second floor for property located at 136 Daleville Road.
Ms. Brown seconded. Vote: All in favor.
File #2003-09 - Hearing continued until 8/7/2003 at 7:30.
File #2003-12 – Mr. Manaskie entertained a motion to approve a 24’ front line variance to construct a one story addition to existing house for property located at 137 River Road.
Ms. Brown seconded: Vote: All in favor.
File #2003-13 - Mr. Maloney moved to approve a Special Exception for a training facility with the decision that an A-2 survey was not needed at this time, if in the future Ms. Wright purchases the property, an A-2 survey would then be needed. Also to approve outdoor areas as stated, to be used as personal training for clients and their dogs.
Condition: Parking area to be upgraded by applicant and apron installed.
Mr. Manaskie seconded motion. Vote: All in favor
File #2003-11 – Mr. Wilson made a motion to approve a variance on the basis of topography of land and septic, underground utilities, and well.
Mr. Maloney read into record Atty. Branse’s letter of 5/16/03 explaining that Commission can act on variance.
Discussion of hardship.
Mr. Wilson thinks there is a hardship.
Mr. Deskus does not feel there is any other place to put garage.
Mr. Manaskie seconded motion.
Vote: Wilson, Deskus, Manaskie and Maloney voted yes. Ms. Brown voted no.
Motion passed.
DISCUSSION: Because a special meeting is being held on 8/7/03 the regular meeting of 8/14/03 is being cancelled.
ADJOURNMENT:
Motion made by C. Csiki to adjourn meeting seconded by D. Brown.
Vote: All in favor. Meeting adjourned at 10:32 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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