TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
Amended MINUTES
August 5, 2004
PUBLIC HEARINGS: Members seated: R. Maloney, Chr., N. Wilson, Secy., P. Wright, C. Deskus, Vice Chr.
Hearings opened at 7:45 p.m.
1. File 2004-03 – Application for a Special Exception at 165 River Road. Owner: 165 River Road, LLC; Applicant: ABC Group. Continued from July 8, 2004 meeting. Present: Thomas Kuhns and David Caron partners of 165 River Road LLC. Rents suite of three rooms) Mr. Burrows sent a narrative explaining what exactly his company does (property management of apartments and condos), how many employees (5 employees, 2 full-time in office), hours of operation (8-5) and parking (4-5 spaces).
2. File 2004-04 – Application for a Special Exception at 165 River Road. Owner: 165
River Road, LLC; Applicant: Northeast Realty. Present: Thomas Kuhns and David Caron partners of 165 River Road LLC. Rents 1 office, only 1 employee, Mr. Michael Jameson comes into the office about three times a month at various times between 8-5 pm. Takes one parking space.
3. File 2004-05 – Application for a Special Exception at 165 River Road. Owner: 165
River Road, LLC; Applicant: World Class Wire & Cable, Inc. Present: Thomas Kuhns and David Caron partners of 165 River Road LLC. Mr. Kuhns said World Class Wire and Cable had moved out of the building.
4. File 2004-06 – Application for a Special Exception at 165 River Road. Owner: 165
River Road, LLC; Applicant: Cooksey Keepsakes. Present: Thomas Kuhns and David Caron partners of 165 River Road LLC. Cooksey Keepsakes has home parties where portraits are taken, digital development is done off-site. There are 3 full time employees and they rent a 3-room suite. Hours are 8-5.
5. File 2004-07 – Application for a Special Exception at 165 River Road. Owner: 165
River Road, LLC; Applicant: Municipal Information System. Present: Thomas Kuhns and David Caron partners of 165 River Road LLC. Rents one office, 1 employee, on the road mostly, when in the office it’s during the hours of 8-5.
6. File 2004-08 – Application for a Special Exception at 165 River Road. Owner: 165
River Road, LLC; Applicant: Sue Chen. Present: Thomas Kuhns and David Caron partners of 165 River Road LLC. Ms. Chen brings international corporate clients together. Rents one office, one employee, hours 8-5.
Mr. Kuhns explained reasons why tenants could not come to meeting. He also showed parking plan that shows 27 parking spaces with a large grassy area on other side of building.
Mr. Maloney asked about signage. Mr. Kuhns said that he would come before the board at a later date and request signage.
Mr. Maloney asked Mr. Kuhns to submit a request a waiver of the sewage disposal plan. Mr. Kuhns submitted a letter at the meeting.
Mr. Kuhns also stated that 165 River Rd, LLC furnishes all the offices with 1 desk, credenza and hook ups for computer and internet.
No one spoke either for or against applications and no written material was received.
Hearings closed at 8:10 p.m.
7. File 2004-10 – Request to amend File #1996-14 to construct deck on property at 88 Luchon Rd. Owner/Applicant: Michael S. Findlay.
Hearing opened 8:10 p.m. Members present – same as above. Michael Findlay applicant also present.
A site walk was held July 20, 2004, N. Wilson, P. Wright, A. Poole, D. Brown, T. Smith, R. Maloney and M. Findlay were present.
Mr. Findlay explained the situation concerning the construction of a deck stemming from the variance approved in 1996.
Hearing closed at 8:14 p.m.
8. File 2004-11 – Application for an 11’ side line variance to construct a 23’ x 10’ deck
and 15’ x 30’ above ground pool at 69 St. Moritz Circle. Owner/Applicant: Donna McGuinness.
Hearing opened at 8:15 p.m. Members present – same as above. Also present Donna McGuinness. Mr. Maloney stated for the record that Mr. McGuinness had done some work on Mr. Maloney’s home.
A site walk was held July 20, 2004, N. Wilson, P. Wright, A. Poole, D. Brown, were present.
Ms. McGuinness explained that the hardship of placing the pool and deck anywhere else would infringe on septic and wetlands.
Mr. Wilson reported that a measurement from the stream to septic is 100’.
No one spoke in favor of applicant.
Susan Gifford of 73 St. Moritz Circle spoke against the application stating noise levels and profanity were cause for concern, she does not want pool and deck so close to property line.
Susan and Reed Dione abutters to rear of property said they had no problems since they learned that placement was not close to their property line.
Mr. Wilson stated that if pool were placed further to rear of property it would be closer to wetlands.
Ms. Wright suggested that Ms. McGuinness measure further back along the property line, stating that if the pool were placed 14’ from the property line 25 to 50 away from Ms. Gifford’s house the noise level would not be as great.
Mr. Deskus stated that neighbors should get along and if a equitable solution could be made things would go more smoothly.
Mr. Maloney suggested that the hearing continue until the September 9, 2004 meeting so that Ms. McGuinness could submit an application for a wetlands permit and also get the measurements requested by the board.
The members did not feel another site walk was needed but Ms. Gifford requested another one when all the information is in concerning final placement of pool and deck.
Hearing continued 8:34 p.m.
REGULAR MEETING:
Members present: Same as above
CALL TO ORDER: Opened at 8:35 p.m.
OLD BUSINESS:
1. File 2004-03 – Application for a Special Exception at 165 River Road. Owner: 165 River Road, LLC; Applicant: ABC Group.
Continued to 8/5/2004.
2. File 2004-04 – Application for a Special Exception at 165 River Road. Owner: 165 River Road, LLC; Applicant: Northeast Realty.
Continued to 8/5/2004.
3. File 2004-06 – Application for a Special Exception at 165 River Road. Owner: 165 River Road, LLC; Applicant: Cooksey Keepsakes.
Continued to 8/5/2004.
4. File 2004-07 – Application for a Special Exception at 165 River Road. Owner: 165 River Road, LLC; Applicant: Municipal Information System.
Continued to 8/5/2004.
5. File 2004-08 – Application for a Special Exception at 165 River Road. Owner: 165 River Road, LLC; Applicant: Sue Chen
Continued to 8/5/2004.
P. Wright made a motion to approve applications for 165 River Road. N. Wilson seconded.
A friendly amendment was made to accept the sanitary waste disposal site waiver and to reference the historical limit of people in the building and deduct from that base line with each new applicant.
Vote: All in favor.
6. File 2004-10 – Request to amend previous variance #1996-14 to construct deck on
property at 88 Luchon Rd.
Mr. Wilson made motion to amend original approval so that a 14’ x 20’ deck with stairway be constructed. P. Wright seconded. Vote: All in favor.
MINUTES: Approval of minutes would be made at 9/9/04 meeting.
CORRESPONDENCE:
NEW BUSINESS:
DISCUSSION:
R. Maloney discussed T. Smith’s resignation and asked if any of the members had any recommendations for new members. C. Deskus mentioned that Mark E. Masinda of 216 Luchon Road had been interested. Mr. Maloney said he would write a letter to the selectmen and recommend Mr. Masinda for the vacancy.
ADJOURNMENT:
Motion made by R. Maloney to adjourn meeting, seconded by C. Deskus.
Vote: All in favor. Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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