TOWN OF WILLINGTON
ZONING BOARD OF APPEALS
MINUTES
May 10, 2007
Present:
Mark Masinda, Chairman
Brian Semprebon
Norm Wilson, Secretary
Annemarie Poole
John Rup, alt
Absent:
Rick Maloney, Vice Chairman
Christopher Deskus, alt
Donald Brown, alt
Public hearing:
The public hearing opened at 7:35 pm. for File # ZBA2007-04 Application for Special Exception 148 River Road (Map15 Lot 27) Owner: Kosowicz Family Trust Applicant: Glenn Andrew 660sq feet of main floor of brick building to be used as a cabinet makers shop (Received 4/12/07 Public Hearing 5/1/07, decision within 65 days after close of Public Hearing.)
Glenn Andrew was present to discuss his cabinet making business. He said that he is the sole employee, that the equipment he uses is of personal grade and that he does not dispose of waste on site, it is removed. He said that he runs a clean operation.
B. Semprebon asked if any refinishing or stripping of furniture would be done. G. Andrew said no, most is fresh virgin wood. He said some old pieces come in but it is usually painted over, and that he tries to keep it environmentally friendly.
A. Poole asked if he delivered or if clients came to his shop. G. Andrew answered that some clients do come to the shop but only to discuss design work, and that he delivers.
Chairman Masinda asked if there was anyone from the public who wanted to speak regarding the application. There were none.
Motion made to close public hearing at 7:39; all members voted in favor.
Regular Meeting called to order at 7:40 pm. John Rup seated for Rick Maloney
M.Masinda presented the minutes of April 12, 2007 and asked if any members had any corrections B. Semprebon and A.Poole asked to have corrections made before approving the minutes.
N. Wilson motion to have minutes corrected. A. Poole seconded. Vote: All in favor.
New Business
Motion make by B. Semprebon to change the order of the agenda and handle Old Business first motion seconded by J. Rup
Vote: All in favor.
Old Business:
1. File #ZBA2007-04 Application for Special Exception, 148 River Road (Map15 Lot27) Owners: Kosowicz Family Trust. Applicant: Glenn Andrew 660sq feet of main floor of brick building to be used as a cabinet makers shop (Received 4/12/07 Public Hearing 5/10/07, decision within 65 days after close of Public Hearing.)
Site walk done on May 7, 2007.
Discussion: N. Wilson stated it was the kind of business they wanted in town. A. Poole stated that it makes good use of the space.
N. Wilson made motion to approve. Motion seconded by B.Semprebon. Vote: All in favor. Application approved.
2. File #ZBA2007-01 Application for a variance at 6 Kollar Road (Map 24, Lot 21) for Area specifically Zoning Regulation Section 4.04.01& 4.04.02 for existing house and Section 4.04.02 for a new lot. Lee and Elizabeth Florian owner/applicants. Received 2/08/07 Public Hearing 3/08/07, continued to 4/12/07 Decision by 6/14/07
Discussion:
J. Rup stated that a variance is granted based on the uniqueness of the property. He said that the fact that you have wetlands and are infringing upon wetlands is not unique to property in Willington. He said that the board would be setting a precedent by allowing this.
J.Rup stated he did not see this as a hardship.
B.Semprebon stated that he does not see this as unique to this property, it is common to most property owners in town, the intended lot would not meet zoning regulations and he didn’t see this as a hardship. He also said he felt it would be a dangerous precedent to set.
A. Poole said she agreed with all the previous reasons stated by J.Rup and B. Semprebon. She said we have Town subdivision and zoning regulations and ZBA has no authority to vary the regulations specific to subdivision and/or special permits. She added that approving this request would set the town up for many challenges in the future.
N. Wilson stated he feels it is not a subdivision.
M. Masinda stated he felt they do have the right and the ability to vary these regulations, in order that a lot be usable, in this case, there is already a use of the lot and he noted that there is already one nonconforming situation there and we would be creating a second one.
B. Semprebon motioned to deny the application Seconded by A.Poole.
Vote: Four in favor, M.Masinda J. Rup A. Poole, B. Semprebon one opposed, N.Wilson and motion carried. Application denied
New Business:
1. File #2007-05 Application for 40 ft front yard Variance to increase the bulk by adding 2nd story livable area at 2 Ruby Road (Map 23, Lot 14,Zone R80 ) Owner /Applicant Phil Perron (Received May 10, 2007 Public Hearing by July 12,2007 decision within 65 days after close of public Hearing.) Public hearing set for 6/14/07.
Discussion:
The Board looked at the application and the building plan and set a site walk for 6/11//07 at 6:30.
B. Semprebon motioned to adjourn at 8:20pm and seconded by A. Poole unanimous
Respectfully Submitted
Margaret DuPilka
Clerk ZBA
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