TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
February 12, 2004
PUBLIC HEARINGS:
1. File 2003-22 – Application for a rear line variance for a wood shed on property located at 377 River Road (Map 29, Lot 1, R80) Owner/ Applicant: Merritt Knight. (Received 12/11/03; Site walk 1/3/04 at 2 p.m.; Hearing by 2/12/04, Decision by 4/8/04).
Hearing opened at 7:30 p.m. Present for meeting were members: R. Maloney, N. Wilson, T. Smith, P. Wright seated for R. Manaskie, A. Poole seated for C. Deskus, and applicant Merritt Knight . A site walk was held 1/3/04 with M. Knight, T. Smith, N. Wilson and R. Maloney present.
Mr. Knight explained the hardship of where the placement of the wood shed was due to the pond on left, septic on right and the right of way going through on the rear of property. He was asking for a 28’ rear line and 12’ side line variance per Sections 8.01 and 8.02 of the zoning regulations.
No abutters were present nor anyone from the audience spoke for or against this application.
Closed hearing at 7:44 p.m.
2. File 2004-01 – Application for a variance for a business at 93 Latham Road (Map 4, Lot 13, R80) Owner: Betty Cydylo, Applicant: Roland Savoir (Received 1/8/04, Site walk 1/17/04 at 3:00 p.m.; Hearing on 2/12/04; Decision by 4/8/04)
Hearing opened at 7:45 p.m. Present for meeting were members: R. Maloney, N. Wilson, T. Smith, P. Wright seated for R. Manaskie, A. Poole seated for C. Deskus, and applicants R. Savoir, B. Cydylo, J. Cydylo and Atty. Dorian Reiser . A site walk was held 1/17/04 with T. Savoir, T. Smith, N. Wilson, R. Maloney, P. Wright and A. Poole present.
Atty. Dorian Reiser presented reasons why a machine shop could be issued a variance at 93 Latham Road. She explained that the hardship was that the chicken coops were no longer being used as such. That the use was not prohibited in the Town, it did not violate the comprehensive plan of the Town, there would be only 2 employees, signage would be what is required by Town, no additional parking, the use would be in accordance with zoning regulations, would not affect health, safety or convenience and that they would request that operator live within 100’ of business.
She went on to explain that the chicken coops pre-existed zoning and that there would be no exterior changes to the building. Three cases were sited concerning similar applications within the state. Ms. Reiser will supply studies for our records.
Mr. Savoir explained that there would be no hazardous waste of any kind, the coolant used evaporates with the heat of the machines and the scrap metal was picked up in drums.
Mrs. Cydylo stated that during the site walk her daughter had not mentioned that there was a well and water for the building that only had to be hooked up.
After some discussion Ms. Reiser requested the hearing be continued until 3/11/04. R. Maloney stated ZBA will request council from Atty. Branse.
Hearing continued at 8:50 p.m. to 3/11/04.
3. File 2003-24 – Application to appeal ruling of Zoning Agent for home occupation at 364 Tolland Tpke. (Map 22, Lot 28A, R80) Owner/Applicant: Joseph M. Renzulli (Received 1/8/04; Site walk 1/17/04 at 2:30 p.m.; Hearing 2/12/04, Decision by 4/8/04).
Hearing opened at 8:50 p.m. Present for meeting were members: R. Maloney, N. Wilson, T. Smith, P. Wright seated for R. Manaskie, A. Poole seated for C. Deskus. No applicants present. A site walk was held 1/17/04 with T. Smith, N. Wilson, R. Maloney, P. Wright, J. Prusak and A. Poole present.
R. Maloney read a request by Atty. J. Paul to continue hearing to 3/11/04.
Members discussed site walk and condition of former Fenton River Gallery building, being concerned with foundation pilings and supposedly no house attached to property only a small cabin that was never intended for living space or issued a certificate of occupancy.
T. Smith stated for the record he had two conversations concerning this property with the Zoning and Assistant Zoning agents.
R. Maloney asked if anyone in the audience wanted to speak either for or against this application.
Shauna Shane, 40 Boston Tpke, Willington, CT. stated she lived in the cabin at the rear of the property for 9 years. The cabin is approximately 16’ x 28’ in size, it has a bathroom (in which she installed an egress window because there is only one door to the outside), a kitchen with running water to sink. She also stated that there was a cesspool that takes toilet waste. The gray water from both bathroom sink and tub and kitchen sink and washing machine goes onto the ground approximately 50’ from river. There is electricity in cabin and a propane furnace plus propane cook-top.
Ms. Shane also stated that while living in the cabin and operating the Fenton River Gallery the river came up at least three times to within inches of flooding the cabin and within 3’ of the underside of the gallery.
Donald Schoeck and Frank Dirrigl, Jr. of 361 Tolland Tpke. Were also present. Mr. Dirrigl, a member of the Willington IWWC, stated that the property was in a flood plain and the area was mostly wetlands.
R. Maloney continued the hearing at 9:15 p.m. to 3/11/04.
4. File 2003-23 – Application for a front yard variance to erect a 3-car detached garage on property located at 4 Hockla Farms Rd. (Map 22, Lot 25A, R80) Owner/Applicant: Patti Wright (Received 1/8/04; Site walk 1/17/04 at 2:00 p.m.; Hearing 2/12/04, Decision by 4/8/04)
Hearing opened at 9:15 p.m. Present for meeting were members: R. Maloney, N. Wilson, T. Smith, J. Prusak seated for R. Manaskie, A. Poole seated for C. Deskus. P. Wright recused herself from sitting on board. P. Wright as applicant was present. A site walk was held 1/17/04 with T. Smith, N. Wilson, R. Maloney, J. Prusak and A. Poole present. P. Wright as applicant was also present.
Ms. Wright explained that the hardship for the variance was that the terrain, position of well and septic and configuration of house on lot was such that the only place to construct the garage was where it is proposed on the plan.
There was some question by members as to how close to property line the garage would be constructed. Ms. Wright stated that the plan she had submitted showed parcels A and B, when in reality the plan had never been recorded in the town records and the entire acreage was contiguous.
No one present to speak either for or against application.
Hearing closed at 9:42 p.m.
REGULAR MEETING:
Members present: R. Maloney, N. Wilson, T. Smith, P. Wright seated for R. Manaskie, A. Poole seated for C. Deskus and J. Prusak not seated.
CALL TO ORDER: Opened at 9:42 p.m.
CORRESPONDENCE:
o Memo from M. Eldredge concerning legal counsel.
o Letter from Atty Branse concerning a rate increase in his fees.
o Letter of resignation from Robert Manaskie
o Letter confirming appointment by the Board of Selectmen of John Prusak as alternate.
o Memo from Board of Finance requesting annual reports for 2002-2003.
o Copy of budget request for year 2004-2005.
o Copy of letter to M. Eldredge regarding legal services and resume for Michael Zizka (copies to be sent to each ZBA member.
MINUTES:
P. Wright made motion to approve December, 2003 and January, 2004 minutes as presented. N. Wilson seconded. All in favor. Mr. Smith abstained from voting on January, 2004 minutes as he was not present at meeting.
NEW BUSINESS:
R. Maloney asked for motion to elect new officers.
T. Smith made a motion to elect R. Maloney to Chairman. P. Wright seconded. Vote: All in favor. Mr. Maloney accepted the position for one year stating each member should have an opportunity to serve.
R. Maloney made a motion to elect C. Deskus as Vice Chairman. T. Smith seconded. Vote: All in favor.
R. Maloney made a motion to elect N. Wilson as Secretary. T. Smith seconded. Vote: All in favor.
R. Maloney moved to accept R. Manaskie’s resignation. N. Wilson seconded. Vote: All in favor.
R. Maloney made a motion to request that P. Wright fill R. Manaskie’s position as a full member. N. Wilson seconded. Vote: All in favor.
OLD BUSINESS:
File #2003-22 – Application for a rear line variance for a wood shed on property located at 377 River Road (Map 29, Lot 1, R80) Owner/ Applicant: Merritt Knight.
N. Wilson proposed a change to approve only a back line variance. After some discussion T. Smith made a motion to add a friendly amendment to add 12’ side line variance and 28’ rear line variance. R. Maloney seconded.
Discussion concerning hardship regarding position of pond, septic and right-of-way T. Smith made an amendment that the hardship read: “Do to unique nature of the structure and existing infrastructure on site.” R. Maloney seconded. Vote: All in favor.
File #2003-23 - Application for a front yard variance to erect a 3-car detached garage on property located at 4 Hockla Farms Rd. (Map 22, Lot 25A, R80) Owner/Applicant: Patti Wright.
J. Prusak made a motion to grant a front yard variance to erect a 3-car detached garage with the hardship being terrain, position of well and septic and configuration of house on lot. A friendly amendment was made to add: “Variance pursuant to Section 4.05 of the Willington zoning regulations to put garage in front of house.” A condition was requested that a corrected drawing showing parcels A and B as one contiguous lot be submitted before variance is issued. Vote: All in favor.
DISCUSSION:
o Mr. Maloney stated that a letter would be sent to the First Selectman requesting P. Wright be accepted as full member.
o Discussion concerning whether to retain present legal counsel Mark Branse or Michael Zizka. T. Smith moved to table discussion until all members had a chance to read over Atty Zizka’s resume and letter concerning Atty Branse’s fees.
o R. Maloney stated he sent budget requests to Board of Finance and was scheduled to go before the board in March. He asked if any members would like to attend the meeting with him.
o R. Maloney will request the CT Federation of Planning and Zoning Agencies present plaques to C. Csiki (8/21/1995) and R. Claus (8/17/1987) as long time members and send to the First Selectman for a ceremony.
o T. Smith asked that a letter of thanks for services rendered be sent to R. Manaskie.
ADJOURNMENT:
Motion made by T. Smith to adjourn meeting, seconded by J. Prusak.
Vote: All in favor. Meeting adjourned at 10:18 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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