Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
April 8, 2010 at 7:30
Minutes
Present:
Mark Masinda, Chairman
Jerry Lopes
Richard Maloney
Brian Semprebon
William Bland
Jack Rup
Absent:
Annemarie Poole, - excused
Public Hearing:
Mark Masinda called the continuation of the Public Hearing to order.
ZBA2010-1 Application for a variance of section 7.01.03 to construct a 7,410 sq ft horse stable/indoor riding area of which 1,140 sq ft is open but covered area and section 7.07.04.01 to allow fence to be put on property line at 1 Potter School Road (Map 49 Lot 2-0A Zone R80) Owner/Applicant: Earl & Michele Bancroft (Received January 14, 2010 Public Hearing March 11, 2010 continue to April 8, 2010 decision within 65 days after close of P.H.)
Attorney Jacobs was present to represent Earl & Michelle Bancroft and their family members.
Atty Jacobs stated that he was going to do a summary of the last meeting. He state that Two variance were applied for size of the assessor building and the fence. Atty Jacobs stated that they would withdraw the fence variance. A commitment was made that they would not have more than 3 horses on the property. It was agreed that it would not become a commercial facility.
R. Maloney stated that it would need a Special Permit and a Zone Change to become a commercial facility.
Atty Jacobs stated that they would consider removing the barn to reduce the amount of the variance.
Atty. Jacobs stated that the size of the assessory building is limited by the size of the principal building that exists on the property.
A variance of 6,201 sq ft is needed to build the stable and riding area.
Atty. Jacobs stated that the regulations do create a hardship for this application,
The hardship is in the wording of the regulation.
Atty Jacobs read an excerpt from Connecticut Land Use Law and Practice writer by Judge Fuller about hardships.
Atty Jacobs stated that the hardship does relate to the zoning regulation in the way it applies to this particular circumstance.
Atty Jacobs stated because the regulation ties the size of the assessory building to a house size rather than the size of the lot, is a hardship.
Atty Jacobs stated that the uniqueness of the building we are trying to build as a non commercial horse stable with an indoor riding area is unique. That there is not any building of this size in the area, does much to support the uniqueness of the application, and the piece of land that is large enough to support it.
Atty Jacobs read another excerpt from Connecticut Land Use Law Practice written by Judge Fuller that the granting of one variance cannot be used as a precedent for granting another variance.
Mr. Bancroft spoke about how the state is encouraging town to support agricultures land uses.
Atty Jacobs stated that the Zoning Board of Appeals has the power to look at each individual application.
R. Maloney asked if any of the Board Members had more question.
M. Masindia closed the P. H. at 8:20.
Regular Meeting
Mark Masinda called the meeting to order.
Old Business:
M. Masinda stated that he would like to have some discussion on the application to answer any question Board Member may have.
J. Rup stated that he was concerned about the definition of hardship, and the uniqueness of property, he states he felt the uniqueness was of the building not the property. J Rup stated that he would like to think about it for a while.
R. Maloney stated he was not ready to draft a motion. He felt he needed more time, and would like to look over some regulations.
M. Masinda stated that the variance goes with the land. That is one of his concerns.
R. Maloney made a motion to table the application until the next meeting.
J. Rup seconded the motion. All voted in favor
New Business:
ZBA2010-2 Application for a variance of section 8.01 to construction a deck and replace a window with a door to deck at 6 Kollar Road (Map 24 Lot 21 Zone R80) Owner/Applicant: William Jean (Received April 8, 2010 Public Hearing by June 10, 2010 Decision within 65 days after close of P.H.)
R. Maloney made a motion to receive application. Public Hearing was set for May 13th 2010.
M. Masinda seconded motion. All voted in favor
Minutes
M. Masinda asked to have a correction made to the minutes Jerry Lopz & William Bland were absent
B. Semprebon made a motion to accept the minutes with correction. R. Maloney seconded the motion. All voted in favor.
Correspondence
None
Adjournment
M. Maloney made a motion to adjourn at 9:18 PM. B.Semprebon seconded the motion. All voted in favor.
Respectfully Submitted
M. DuPilka, Recording Clerk
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