Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
September 13, 2012
Minutes
Present:
Mark Masinda
Richard Maloney
William Bland
Brian Semprebon
John Prusak arrived at 7:37
Jack Rup
Excused:
Annemarie Poole
Jerry Lopes
Public Hearing opened at 7:31.
ZBA 2012-9 Application for a 27 foot and 2 foot front yard variance (zone and lot) of Willington Zoning Regulation 5.04.02 Section 8 for 34’ X 27.5’ addition for banquet seating at 39 Adamec Road (Map 24 Lot 040 Zone DC) Owner: Ricciadone Enterprises LLC Applicant: 39 Adamec LLC (Received September 12, 2012 Public Hearing September 13, 2012 decision within 65 days after close of P.H.)
A site walk was held on August 29, 2012.
Attorney Silver was present to speak for the applicant. He stated that the applicant would like to open a restaurant at 39 Adamec Road. The applicant is proposing an addition to have a 45 seat banquet room.
Russ Heinz was present to speak about the variance that it needed for the addition.
The applicant is requesting a 27 foot and 2 foot front yard (zone and lot) variance. The addition will be located on the east side of the property. The utility, septic and leach fields are located to the side and rear of the building.
The building is located in a DC zone.
M. Masinda asked if anyone present wanted to speak either for or against the application.
B. Wiecenski was present and spoke in favor of the application.
Janice Angrisani spoke in favor of the application.
Public Hearing closed at 7:41.
ZBA2012-6 Application variance of Willington Zoning Regulation section 11.20.04.06 (location of septic system to wetlands) 3 Polster Road (Map 46 Lots 16 & 17) Owner: Frank & Joseph Malack Applicant: Love’s Travel Stops & Country Stores, Inc (Received July 12, 2012 Public Hearing August 9, 2012 continued and will close September 13, 2012 Decision within 65 days after close of P.H.)
Public Hearing continued from August 9, 2012
Attorney Jacobs, Tom Galeoto from Fuss and O’Neil and Rick Shuffield are present to speak for the applicant. Attorney Jacobs stated that the variance requested is to locate a septic system within 50 ft of a wetland. The Zoning Regulations requires that the system be 200ft from wetlands.
Atty Jacobs stated that there was a full hearing at the last meeting and that he would summarize what was said at the last meeting. The IWWC approved the location. Because of the wetlands and steep slopes on the property they only have use of 23% of the property.
R. Maloney stated that a site walk was done on August 29, 2012. The Board Members looked at the proposed location of the septic system.
Ralph Tulis stated that he would like to go over some points he made in his letter to the Zoning Board of Appeals.
Discussion was held on putting the system in a different location.
Kathy Dermers Vice Chair for the Conservation Commission stated that she had submitted a letter to ZBA. They are concerned that the application will have significant impact to the wetlands. The letter will be added to the ZBA file.
R. Maloney asked how this application would affect a residential zone. Attorney Jacobs stated that most of the town is zoned residential and any commercial project would have to apply to PZC for a designed commercial zone. R. Maloney stated the he had concerns about approving a high impact system in a residential zone. Attorney Jacobs suggested that if approved a condition could be put with the variance that it is for this project only.
R. Maloney and B. Semprebon felt that they had created the hardship.
Attorney Jacobs stated that we are entitled to reasonable use of the property, the amount of wetlands and the steep slopes only allow use of 23% of the land. We feel that this creates a hardship.
B. Semprebon asks if the system was just for the water released from the restaurant and bathrooms. Where does the oil and fuel go? Tom Galeoto stated that no storm water drainage will go into the septic system.
Tom Galeoto explained to the Board Members how the system worked. He said the system will be monitored quarterly and have ground water monitoring walls, and if a problem occurred we would be aware of it long before the system failed.
Scott Wayne of Lohse Road spoke against the application.
Janice Angrisani of Lohse Road spoke against the application.
Mark Wojcik of Lohse Road asked about water usage.
Public Hearing closed at 8:26.
ZBA2012-8 Application variance of Willington Zoning Regulations section 4.04.02, 4.19, and 11.20.04.01.through 11.20.04.06 inclusive for construction of Dunkin Donuts and future use of existing building at 333 River Road (Map 30 Lot 17 Zone DC) Owner/Applicant: B & M Realty Trust, LLC (Received September 4, 2012 Public Hearing September 13, 2012 decision within 65 days after close of P.H.)
David Held of Provost & Rovero was present to speak about the application.
The site area is 3.2 acres in a designed commercial zone. We are requesting 3 variances of the zoning regulation. The variance is not just for the Dunkin Donut but also to allow the reuse of the existing building on the same lot.
The first variance is from section 4.04.02 minimum building area requirements.
The request is to reduce the required minimum buildable area to zero from the required 40,000 square feet and a new use on the existing building.
The property has steep slopes and the inclusion of easements and rights of way, a requirement that it be 150’ wide cannot be met and we cannot meet the 40,000 sq ft.
The second request is a variance of section 4.19, waste disposal systems location.
David Held explained the different areas that were tested to find an appropriate located for the septic system.
The most suitable location for the septic system is located within 150 ft of the wetlands.
A variance of 150’ is needed to place the septic system 50’ from the wetlands.
The type of system to be installed is called a soil air system.
A variance of section 11.20.04.01 thru 11.20.04.06 septic system design requirements is being requested. A Dunkin Donuts is considered high intensity use.
Some of the subsections deal with the requirement of perk tests and test pits. We are asking for a variance of these sections because of the extensive testing that has already been done. We worked with the town sanitarian so that we would conform to their requirements.
Site walk was done on August 29, 2012
Ralph Tulis ask about the railroad easement at the back of the property, and about the zero buildable areas.
Jennifer Avalon spoke against the application.
Kathy Dermers asking question about the wetlands.
Paul Wiegold asks how the black top would affect the property. D. Held explained how the water would move across the property.
Butch Littell a town resident and taxpayer, supports the application and feels the town needs the tax base.
J. Rup stated that he felt that the application is not specific in what they are asking for.
David Held explained what he is asking for:
150’ of relief on a 200’ requirement for the septic system
100’ of relief on the 150’ requirement for the septic system
Complete reduction of the buildable area requirement
With the condition that it is for what is on the submitted plan.
Public Hearing closed at 9:36
Regular Meeting was called to order.
Old Business:
ZBA 2012-9 Application for a 27 foot and 2 foot front yard variance (zone and lot) of Willington Zoning Regulation 5.04.02 Section 8 for 34’ X 27.5’ addition for banquet seating at 39 Adamec Road (Map 24 Lot 040 Zone DC) Owner: Ricciadone Enterprises LLC Applicant: 39 Adamec LLC (Received September 12, 2012 Public Hearing September 13, 2012 decision within 65 days after close of P.H.)
R. Maloney motion to approve a 27 foot and 2 foot front yard variance (zone and yard) as per Map titled Site Plan prepared for 39 Adamec Road, LLC 39 Adamec Road Willington, Connecticut Scale 1”=20” Revision 9-06-12 W. Bland seconded the motion. All voted in favor.
ZBA2012-6 Application variance of Willington Zoning Regulation section 11.20.04.06 (location of septic system to wetlands) 3 Polster Road (Map 46 Lots 16 & 17) Owner: Frank & Joseph Malack Applicant: Love’s Travel Stops & Country Stores, Inc (Received July 12, 2012 Public Hearing August 9, 2012 continued and will close September 13, 2012 Decision within 65 days after close of P.H.)
B. Semprebon motion to approve application ZBA2012-6 R. Maloney seconded the motion.
The Board Members discussed the hardship. They talk about the system being put in a different location. The members spoke about the size of the site.
B.Semprebon state that Section 21.01.03.01 states that the hardship must not be created by the owner. The Board Members discussed the issue of a high impact use in a residential zone. They discussed the issue that the Conservation Commission has with the site. The Member discussed what was seen on the site walk.
R. Maloney motion to table the application to the next meeting. W. Bland seconded the motion. All voted in favor.
ZBA2012-8 Application variance of Willington Zoning Regulations section 4.04.02, 4.19, and 11.20.04.01.through 11.20.04.06 inclusive for construction of Dunkin Donuts and future use of existing building at 333 River Road (Map 30 Lot 17 Zone DC) Owner/Applicant: B & M Realty Trust, LLC (Received September 4, 2012 Public Hearing September 13, 2012 decision within 65 days after close of P.H.)
B. Semprebon motion to approve the application limited to what is shown on plan titled “Conceptual Site Plan Proposed Dunkin Donuts Restaurant,” Prepared for B&M Realty Trust Prepared by Provost & Rovero, Inc. Dated 7/31/12, consisting of 1 sheet and as follows: R. Maloney seconded the motion. Board Members discussed what variances were to be given:
Variance to Section 4.04.02 (buildable area)
Section 4.19, 100’ Variance of the 150’ setback requirement for waste disposal systems from wetlands or watercourses
Section 11.20.04.06, 150’ Variance on 200’ requirement for the location of septic system to wetlands or watercourse when in sand and gravel soils.
All voted in favor
(No variance was given from sections 11.20.04.01, 11.20.04.02, 11.20.04.03, 11.20.04.04 or 11.20.04.05)
B. Semprebon motion to adjourn. W. Bland seconded the motion. All voted in favor.
Respectfully Submitted
M. DuPilka Recording Clerk
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