Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
March 11, 2010 at 7:30
Minutes
Present:
Mark Masinda, Chairman
Jerry Lopes
Richard Maloney
Annemarie Poole, Secretary
Brian Semprebon
William Bland
Jack Rup
Mark Masinda called the Public Hearing to order.
Public Hearing:
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 decision within 65 days after close of P.H.)
Attorney Jacobs was present to represent Earl & Michelle Bancroft and their family members. He stated that Russ Heintz had drawn up the site plan for the application. Atty. Jacobs explained that the property is over 5 acres and contained a house, barn and a small paddock. The barn housed 3 horses. The variance being applied for is of section 7.01.03 assessory building and a variance to allow a fence to be on the property line. The new stable and riding area would be considered an assessory building.
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 said the hardship is straight forward he stated that his client own a 5 acre lot a house that is over 4000 sq ft. To comply with Town regulation they would have to own a 12,000 sq ft house to build the stable. Because 80 percent of the 12 thousand would be 96 hundred which would allow his client to build the stable.
M. Maloney state that a letter from the Gary Jones the assistant Zoning agent will be added to the file. The memo is dated March 2nd 2010.
M. Maloney said that in pre application meeting with Mr. Bancroft. They had suggested that they go before P & Z and have the regulation amended.
Atty Jacobs stated that this is a unique situation. The owner should be able to use the 5 acres.
J. Rup stated that most people have lots that are larger than 3 acres so in the Town of Willington it is not unique to own a 5 acre lot. If you come to the ZBA the hardship should be specific to the uniqueness of the property. A 5 acre lot is not unique in Willington.
J. Rup stated that he felt they might be better off to request a change to the regulation.
Atty. Jacobs stated that the regulations do create a hardship for this application,
The hardship is in the wording of the regulation.
R. Maloney asked Atty. Jacobs if he could supplement the record with case law that indicated the regulations can be hardships.
Atty. Jacobs stated the hardship is contained in the wording of the regulation.
Atty. Jacobs said the reason for the new riding stable is for horse safety. The stable has to large enough so that the horses can go around safely.
Atty. Jacobs stated that a letter from the Veterinary Center will be submitted to add to the application.
Earl Bancroft spoke to the Board Member about his application.
M. Bancroft spoke about her love of horses. She read letters from David Mordasky DVM and Jessica Morgan DVM to be added to the application.
Atty. Jacobs read a letter for the Pradkeans, an abutting property owner who were in support of the new stable. The letter will be added to the application.
Richard Passardi spoke in favor of the application.
Mr. Debski said that there are 2 variance s being applied for. One about fences on the property line, he does not have a problem with the fence on the property line but he does not agree that a variance is needed for it. Mr. Debski spoke in favor of the stable.
J. Tanguay stated she was not opposed to the application be would like to see it limited to 3 horses.
M. Masinda asked if the garage was attached to the house. M. Brancoft stated it was a separate structure.
J. Rup spoke about the need of a hardship and the Regulation in Willington.
M. Maloney asked Atty. Jacobs if he wanted to continue the P.H.
J. Rup asked Atty. Jacobs to clarify what is the hardship. Jacobs stated because the regulation ties the size of the assessory building to a house size rather than the a lot size, it is a regulation that within itself is creating a hardship which makes it impossible for this property to be used in a sensible manner.
M.Maloney continued the P. H. to April 8, 2010.
Regular Meeting
Mark Masinda called the meeting to order,
New Business:
Minutes
Annemarie Poole made a motion to approve the minutes of January 14, 2010. M. Maloney seconded the motion. All voted in favor.
Correspondence
Letter from Connecticut Federation of Planning & Zoning Agencies
Letter from Aspen Square Management about Notice of Violation at Cedar Ridge Apartment.
Adjournment
- Poole made a motion to adjourn. R. Maloney seconded the motion. All voted in favor
Respectfully Submitted
M. DuPilka, Recording Clerk
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