TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
July 14, 2005
PUBLIC HEARING
· File #ZBA2005-06 – Application for variance to construct a garage in front of house and larger than allowed by regulations on property at 11 Spak Road (Map 52, Lot 18) Owner/Applicant: Michael & Tina Holewa.
Hearing opened at 7:30 p.m.
Members present: R. Maloney, N. Wilson, J. Prusak, A. Poole, M. Masinda seated for P. Wright,. Also present: Michael & Tina Holewa.
Site walk was held July 11, 2005 at 6:00 p.m. Members present: A. Poole, N. Wilson, M. Masinda, P. Wright and owners Michael & Tina Holewa.
R. Maloney asked the Holewas to explain to the Commission what they felt was the hardship involved in keeping the proposed detached garage where they planned it.
Ms. Holewa explained that she did not want to disturb the grading for the septic system, that a favorite tree would have to be destroyed and that she and her husband felt it placing the garage where they planned would suit the property.
R. Maloney read memo from the sanitarian regarding a site visit
Commission members discussed size of proposed garage in regard to regulations stating garage can only be 50% of the square footage of living space of primary dwelling. That the lot was a non-conforming lot of 1.13 acres thus causing a hardship in the size of the proposed garage in relation to Table 7.01 of the Zoning Regulations. They also discussed having the garage constructed in front of the house.
It was suggested that a legal opinion could be requested regarding the variance aqnd what stipulations could be added to the variance.
No one was present either for or against the application.
R. Maloney made motion to close hearing, N. Wilson seconded. Vote: All in favor.
Hearing closed at 7:57 p.m.
REGULAR MEETING: Members present: Same as above.
CALL TO ORDER: 7:58 p.m.
MINUTES: A motion was made by A. Poole to approve the June 9, 2005 minutes, J. Prusak
seconded the motion. Vote: All in favor.
NEW BUSINESS:
CORRESPONDENCE:
OLD BUSINESS:
· File #ZBA2005-06 – Application for variance to construct a garage in front of house and larger than allowed by regulations on property at 11 Spak Road (Map 52, Lot 18) Owner/Applicant: Michael & Tina Holewa.
N. Wilson made a motion to treat each part of the variance (size and front lot) separately. J. Prusak seconded.
A. Poole felt placing garage where proposed was appropriate.
M. Masinda felt having to relocate the sump drain was not a hardship. That moving the proposed garage back would still have it situated in the front of the house.
N. Wilson asked what the intent was of the regulations regarding size of accessory structures in relation to size of lot and house and could having the size of house and lot non-conformity be used as hardships.
A. Poole made a motion to approve accessory building size based on section 7.01.03
and table 7.l of the zoning regulations. M. Masinda seconded motion. Vote: YES - J. Prusak and N. Wilson. NO - M. Masinda, A. Poole and R. Maloney.
A. Poole made a motion to approve an 11’ front line variance allowing construction of proposed garage as it conforms with the zoning regulations. N. Wilson seconded. Vote: All in favor.
DISCUSSION:
R. Maloney made a motion to cancel the August meeting. J. Prusak seconded. Vote: All in favor.
ADJOURNMENT: R. Maloney made a motion to adjourn, A. Poole seconded. Vote: All in favor.
Adjourned at 8:30 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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