TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
February 9, 2006
PUBLIC HEARING:
· File #2006-02 – Application for a 1.5’ & 3’ variance to a non-conforming structure at 16 Tolland Tpke. (Map 30, Lot 13, Zone DC) Owner/Applicant: Chace Realty, LLC. (Received 1/12/06, Public Hearing 2/9/06, Decision by 3/9/06)
Hearing opened at 7:30 p.m.
Members present: Mark Masinda, Chairman; Richard Maloney, Vice Chairman; Norman Wilson, Secretary, Annemarie Poole and Brian Semprebon. Also present: Jeff Smith, representing Chace Realty and Carol Rogers, from CME.
A site walk was held on February 6, 2006 at 5:30 pm. M. Masinda and N. Wilson were present.
Ms. Rogers submitted drawings of the proposed addition. She explained that there is now an open air barn for storage of supplies, a portion of which will be removed to make room for the construction of additional retail space. There will be 29 parking spaces (28 required), 2 loading zones and two floors for office space upstairs.
The hardship is the placement of the existing buildings, wetlands in the rear of the lot, the placement of the septic and well.
Members discussed the hardship.
No one was present to speak in favor of the project.
Jeff Pierce, 6 Tolland Tpke. explained that his house is 50’-60’ from the property line and is lower than the Chace property, any runoff from the roof causes water problems in his yard. He also asked if some kind of buffer could be planted against the back wall of the building.
Stuart Cobb explained that the wetlands had been filled in and there was a dump site in the back of the Chace property. He also said that the pin was 1’ inside the Chace warehouse. This was done by the previous owners.
Jeff Smith of Chace said that both dump sites had been cleaned up and will be maintained.
N. Wilson was concerned about the amount of run off from the metal roof and where it would go.
Mr. Pierce and Mr. Cobb said that any runoff will end up on Mr. Pierce’s property if some drainage was not installed.
R. Maloney made motion to close hearing, N. Wilson seconded. Vote: All in favor.
Hearing closed at 8:04 p.m.
· File #2006-03 – Application for a variance to construct a house on an existing non-conforming building now occupied by a trailer at 40 Baxter Rd. (Map 5, Lot 11) Owner/Applicant: Allen Patnode. (Received 1/12/06, Public Hearing 2/9/06, Decision by 3/9/06)
Hearing opened at 8:05 p.m.
Members present: same as above. Also present: Allen Patnode, owner and Ed Pelletier of Datum Engineer.
A site walk was held on February 6, 2006 at 5 p.m. M. Masinda, N. Wilson, R. Maloney and Allen Patnode were present.
Mr. Pelletier explained that the trailer would be demolished along with the existing garage.
He also explained that he had moved the house back on the property so that they would not need a front line variance. It would now be 52’ from the front property line. They would still need a 3’ side line variance on the west side and a 5’ side line on the east side.
The hardship would be the size and shape of the non-conforming lot.
No one spoke in favor of the project.
Kenneth and Faye Arnold of 44 Baxter Rd. were worried about the power utility pole that has lines running to their trailer. He does not have any power on in the trailer now but in the future he may want power and wants to know how that will be done when the pole is moved.
Todd and Ann York of 38 Baxter Rd. were concerned about how close the well will be to his shallow well. Mr. Pelletier said that two wells could be very close to each other but that septic systems had to be over 75’ from any well. Mr. Patnode’s present septic system is within the 75’ boundary and if anything that would be a concern with his water supply.
There was a discussion about turning the house or positioning it so that no variances were needed. Mr. Pelletier explained that because of the shape of the lot and the distances from side to side this was the only practical place for the house.
Hearing closed at 8:21 p.m.
REGULAR MEETING: Members present: Same as above.
CALL TO ORDER: 8:22 p.m.
MINUTES: A motion was made by R. Maloney to approve the January 12, 2006 minutes. N. Wilson seconded the motion. Vote: All in favor.
CORRESPONDENCE:
Memos were read into the record from S. Yorgensen the Wetlands Agent and J. Polhemus sanitarian for the Health District concerning Chace Realty.
NEW BUSINESS:
· File 2006-04 – Application for a 25’ variance to replace an existing garage with an addition and attached garage at 89 Lohse Rd (Map 46, Lot 2) Owner/Applicant: Keith Boyle & Lisa Jordan (Received 2/9/06, Public Hearing on 3/9/06) A site walk was scheduled for 3/6/06 at 6 p.m.
OLD BUSINESS:
· File 2006-01 – Modification of Special Exception to expand office space for ABC Group LLC at 165 River Rd.
R. Maloney made a motion to approve the modification, Mr. Wilson seconded. Vote: All in favor.
· File #2006-02 – Application for a 1.5’ & 3’ variance to a non-conforming structure at 16 Tolland Tpke. (Map 30, Lot 13, Zone DC) Owner/Applicant: Chace Realty, LLC. (Received 1/12/06, Public Hearing 2/9/06, Decision by 3/9/06)
R. Maloney made a motion to approve a 23 ½ ‘ side and 22’ back line variance for the construction of an addition. A. Poole seconded.
Members discussed the drainage and the closeness to the property line. They also felt that plantings should screen the back of building. The drainage of snow and water onto the neighbors property was discussed and it was decided that the IWWC would be the commission to handle the drainage.
R. Maloney amended the motion to include planting material to be installed on the west side of the building. It read: A 23 ½’ front line variance on the street side and a 22’ side line variance on the western side of the property to renovate and expand existing non-conforming structure at 16 Tolland Tpke. The added condition is that a landscape screen buffer must be planted along western side of property line and maintained.
Vote: Yes – R. Maloney, B. Semprebon, A. Poole, M. Masinda. Nay: N. Wilson. Motion carried.
· File #2006-03 – Application for a variance to construct a house on an existing non-conforming building now occupied by a trailer at 40 Baxter Rd. (Map 5, Lot 11) Owner/Applicant: Allen Patnode. (Received 1/12/06, Public Hearing 2/9/06, Decision by 3/9/06)
R. Maloney made a motion to approve a side line variance. B. Semprebon seconded.
Members discussed the elimination of Mr. York’s side line variance by moving the house. After much discussion concerning the placing of the house so as to eliminate a 3’ pie shaped piece of property A. Poole suggested that the alternative was a piece of property along the whole side of the house and it really didn’t matter.
A friendly amendment was made by R. Maloney and seconded by N. Wilson to grant a 3’ variance on the west side of the property and a 5’ variance to the east side of the property.
Vote: Yes- M. Masinda, R. Maloney, N. Wilson, A. Poole. Nay: B. Semprebon. Motion carried.
DISCUSSION:
ADJOURNMENT: R. Maloney made a motion to adjourn, A. Poole seconded. Vote: All in favor.
Adjourned at 9:15 p.m.
Respectfully submitted,
Andrea Jordan, Clerk for ZBA
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