TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
January 12, 2006
PUBLIC HEARING:
· File #ZBA2005-09 – Application for a 3’ variance to construct an extension on garage at 25 Navratil Rd (Map 14, Lot 57K) Owner/Applicant: Christopher James (Received 12/8/05, Site Walk 1/7/06 at 10 a.m.; Public Hearing 1/12/06; Decision by 3/9/06)
Hearing opened at 7:42 p.m.
Members present: Richard Maloney, acting Chairman, Norman Wilson, Mark Masinda, and John Prusak seated as regular member. Also present: Christopher James.
A site walk was held on January 7, 2006 at 10 am. M. Masinda, N. Wilson, J. Prusak and C. James were present.
Mr. James explained the original garage was built on an angle and the addition would encroach 3’ in a triangular shape into the side yard. He also explained that the subdivision was started in 1979 and his house was built in 1983.
Mr. James also explained he had a T2 survey done on his property and it was discovered that a shed he owns is on his neighbor’s property. He stated that he is going to move it onto his property.
Mr. Wilson made note that the variance included the overhang.
Mr. James explained that the hardship is site design of original subdivision.
There was no one at the hearing either for or against the application.
Mr. Maloney read a memo from the Eastern Highlands Health District approving the proposal.
R. Maloney made motion to close hearing, N. Wilson seconded. Vote: All in favor.
Hearing closed at 7:55 p.m.
REGULAR MEETING: Members present: Same as above.
CALL TO ORDER: 7:56 p.m.
NEW BUSINESS:
· File #ZBA2006-01 – Application for Modification of Special Exception to expand space in existing building to include 2 offices at 165 River Road (Map 15, Lot 8) Owner: 165 River Road LLC; Applicant: Robert Barrows – ABC Group LLC. (Received 1/12/06, Public Hearing scheduled for 2/9/06.
· File #ZBA2006-02 – Application for a 1.5’ & 3’ Variance to a non-conforming structure at 16 Tolland Tpke. (Map 30, Lot 13, Zone DC) Owner/Applicant: Chase Realty, LLC (Received 1/12/06, Site Walk Monday 2/6/06 at 5:30 pm; Public Hearing scheduled 2/9/06).
Jeff Smith was present for Chace Realty and Carol Rogers was present for CME Associates the Engineering firm representing Chace.
Mr. Maloney explained that an EHHD approval was needed, a letter from Susan Yorgensen Wetlands Agent, a parking plan stating how many parking spaces there would be and also how many employees there were. All of the abutters needed to be contacted and a list submitted to the board, making sure all are current and correct.
R. Maloney said that because of the non-conforming use and expansion of the existing structure a Special Exception was also needed because of the expansion. He also told Jeff Smith that a plan of the loading area, parking, exterior design and floor plan was needed.
· File #ZBA2006-03 – Application for a variance to construct a house on an existing non-conforming building lot now occupied by a trailer at 40 Baxter Road (Map 5, Lot 11) Owner/Applicant: Allen Patnode (Received 1/12/06, Site Walk Monday 1/30/06 at 5 pm; Public Hearing 2/9/06)
Allen Patnode was present and explained that he was going to tear down the non-conforming trailer and construct a new house. Because of the non-conformity of the lot he would need a front and side line variances.
The commission explained that Mr. Patnode would have to prove a hardship. They also wanted the distances of the front line and side lines.
OLD BUSINESS:
· File #ZBA2005-09 – Application for a 3’ variance to construct an extension on garage at 25 Navratil Rd (Map 141, Lot 57K) Owner/Applicant: Christopher James.
A motion was made by N. Wilson to discuss 3’ side line variance, seconded by J. Prusak.
N. Wilson stated he had asked C. James during the site walk if the garage could be jogged so that it did not infringe on the 25’ side yard. He stated that Mr. James did not want to jog it.
It was also discussed that the boundary line was corrected with the new survey and that the shed would be moved.
M. Masinda questioned the hardship stating that the garage could be added to, both in front and on the back, and still have the square footage Mr. James wanted without infringing on the side yard. It would still not come forward enough to be in front of the house.
There was a discussion concerning hardship defined in the Regulations.
J. Prusak made a motion to approve a 3’ side line variance, N. Wilson seconded. Vote: J. Prusak yes; N. Wilson, M. Masinda and R. Maloney No. Motion Denied.
DISCUSSION:
R. Maloney recommended having A. Jordan write the Selectman recommending Brian Semprebon and David Pallanck for the ZBA Commission replacing Pat Wright and Donald Brown (his resignation would be forthcoming).
A motion was made by R. Maloney to replace P. Wright as Chair with M. Masinda. N. Wilson seconded. Vote: YES – R. Maloney, N. Wilson and J. Prusak. M. Masinda abstained.
MINUTES: A motion was made by R. Maloney to approve the December 8, 2005 minutes. N. Wilson seconded the motion. Vote: All in favor.
ADJOURNMENT: R. Maloney made a motion to adjourn, N. Wilson seconded. Vote: All in favor.
Adjourned at 8:55 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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