TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
October 9, 2003
PUBLIC HEARINGS:
· File #2003-19 – Hearing opened at 7:33 p.m. for application for variances to construct a gazebo in front yard and construct an in-ground pool within 3’ of side yard on property at 36 Tolland Tpke. (Map 302, Lot 31, R80 zone) Owner/Applicant: Charles & Cheryl Woodworth.
Members present: R. Maloney, C. Deskus, N. Wilson seated for R. Manaskie, and T. Smith seated for R. Claus. Also present: Charles Woodworth.
A site walk was held on 10/4/03. Present for site walk:, T. Smith, N. Wilson and R. Manaskie.
Mr. Smith stated for the record that Mr. Woodworth called him at home to explain that the building height for the gazebo would be 13’.
Mr. Woodworth explained that he wanted to place a gazebo next to a small pond in his front yard and wanted to install an in-ground pool in his back yard. He explained that the hardship for the gazebo was lay of land and that there was no where else he wanted to put it.
Mr. Smith read the definition of hardship from the zoning regulations.
The board discussed whether or not a hardship was warranted.
Hearing closed at 7:55 p.m.
REGULAR MEETING:
Members present: R. Maloney, C. Deskus, N. Wilson seated for R. Manaskie, and T. Smith seated for R. Claus.
CALL TO ORDER: Opened at 8:02 p.m.
PRE-APPLICATION:
· File #2003-20 – Application for a Special Exception to use a free standing building as a
“By Appointment Only” kitchen cabinet showroom at property located at 148 River Road (Map 15, Lot 27, R80) Owner: Francis & Gina Kosowicz; Applicant: KJR Construction, Box 418, Stafford Springs, CT (Received 10/9/2003; Hearing 11/13/2003; Site walk 11/8/03 at 9:00 a.m. Decision by 1/8/2004)
Present: Karen Robinson and Bruce Boys of KJR Construction presented to the board the prospect of opening a kitchen cabinet showroom in a free standing building located over spillway on property at Hall Complex.
It was requested by the board that a site plan of the property, showing the building, and a designated parking plan be submitted by applicant before the public hearing. It was also requested that memos be received from the wetlands and health departments.
OLD BUSINESS:
File #2003-19 – Hearing opened at 7:33 p.m. for application for variances to construct a gazebo in front yard and construct an in-ground pool within 3’ of side yard on property at 36 Tolland Tpke. (Map 302, Lot 31, R80 zone) Owner/Applicant: Charles & Cheryl Woodworth.
Members present: Same as above.
A discussion by board as to definition of an accessory building and what could be placed in the front yard of a property led to the decision that the board could recommend to Mr. Woodworth to go back to Zoning and request a regulation change defining gazebos in the regulations and allowing property owners to put them into the front yard. It would require separating gazebo from accessory building definition and allow gazebos to be put in the front yard.
Mr. Smith made a motion and Mr. Deskus seconded, to deny a gazebo to be placed in front yard because no hardship was shown.
Mr. Maloney asked that a friendly amendment be added to move to deny a portion of application 2003-19 and that portion of the application goes to the accessory building, that the board believes that the accessory use is not allowed in the front half of that lot according to section 7.01.02 of the regulations. And there was not a hardship shown on the basis of the applicant to demonstrate that to the board. Mr. Deskus seconded the friendly amendment.
Mr. Maloney stated that the board was going to deny a portion of application 2003-19 for the request to place a gazebo in the front half of 36 Tolland Tpke. Vote: R. Maloney, C. Deskus and T. Smith – aye, N. Wilson – nay.
Mr. Wilson made motion to approve that portion of the application for a 3’ side line variance for the construction of an in-ground swimming pool. The basis of the hardship is the narrowness of the backyard and the configuration of the property. Mr. Deskus seconded motion.
Mr. Wilson also added that the variance would be for the proposed location of the pool as sited on the plan submitted to the board with the application. It was noted that the location of the pool had been changed by Mr. Woodworth but not noted on the map supplied. Mr. Wilson amended the location of the pool configuration and Mr. Wilson and Mr. Maloney initialed the change.
A discussion concerning the location of the pool came to the conclusion that if the pool is moved 3’ farther from the side line a variance would not be needed. It was also discussed that having the pool in the location sited on the plan was not a hardship.
The motion is to approve a 3’ side line variance. Vote to approve application 2003-19 part B a 3’ side line variance for a pool. Vote: all opposed.
MINUTES:
Mr. Deskus made motion to approve September 11, 2003 minutes as reported. Mr. Smith seconded. All in favor.
DISCUSSION: Mr. Maloney congratulated Mr. Deskus upon his appointment as a full member.
Mr. Csiki’s resignation effective January 1, 2004 was also discussed.
ADJOURNMENT:
Motion made by C. Deskus to adjourn meeting, seconded by N. Wilson.
Vote: All in favor. Meeting adjourned at 8:31 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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