Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
June 12, 2014 at 7:30
Minutes
Present:
Mark Masinda Chairman
Richard Maloney Vice Chairman
John Prusak
John Rup arrived 7:40
Jerry Lopes
William Bland
Brian Semprebon
Excused:
Annemarie Poole
PUBLIC HEARING
Mark Masinda opened the Public Hearing at 7:30
Rick Maloney motion to change the order of the application on the agenda
Bill Bland seconded the motion. All voted in favor
ZBA2014-5 Application for variance of Section 4.04.02.01Buildable area slopes greater than 20% Luchon Road (Map 18 Lot 8B Zone R80) Owner/Applicant: Pamela J. Mallory et at (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after close of P.H.)
Stephen Filip, land surveyor was present to speak about the application. He stated the hardship is the topography of the land and the unique shape of the property. The total acreage of the property is 36.46 acres. The property has ledge and wetland throughout. Any crossing of the wetlands will be made at the shortest point. The driveway grade varies from 2% to 11.9%. S. Filip showed the Board Members on the map the buildable area where the variance is needed.
R. Maloney said the request you are asking for is the minimum buildable area with slopes greater than 20%. S. Filip said that was correct.
R. Maloney asked if anyone present wanted to speak either for or against the application. Ralph Tulis stated he was supporting the application, but wanted to know what the existing slope is. Bob Shabot asked about the grading. He was told that minimal grading will be done in the buildable area. A site walk was done. M. Masinda closed the P.H.
ZBA2014-7 Application Special Exception for unit #2105 1,560 sq ft for diagnostic lab testing at 156 River Road (Map 15 Lot 27A Zone R80) Owner: Thomas Buccino Applicant: James A. Bento (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after close of P.H.)
James Bento, Nelson Landrau, Wendy Steinhiber and Tom Buccino were present to speak about the application. J. Bento said that they would like to lease space 2105, which is 1560 sq ft the space has 2 existing offices. He said they would be building additional walls to put in a micro biologic lab, storage space for chemicals and waste, and a safe. The name of the company is Relief Therapeutics. The lab will be meeting the State requirement for a medical marijuana testing laboratory. The lab is an analytic lab, testing organic and inorganic material. A list of lab equipment and chemical to be used were presented to the Board Members. J. Bento stated that they have approval from Eastern Highland Health District. The company has an application in with the State of Connecticut for a control substance testing license. R. Maloney asked how
many employees. J. Bento said they will have 2 employees. R. Maloney asked what the employee would be doing, he said they would be breaking down the product and running it through the machines to see if it meets the State requirements. B. Semprebon asked if they would be marijuana quality testing site. He said yes.
R. Maloney asked about the current parking requirements. Tom Buccino said that currently 30 parking spaces are being use with 20 occupants in the Mill. The applicant will need 3 parking spaces. B. Bland asked about the State requirements .J. Bento said it is a State requirement to do the testing of the Connecticut grow within the State.
The waste is collected and disposed of offsite which is regulated by the EPA.
R. Maloney asked if anyone had any question. Scott Wing from 68 Lohse asked the Board if the Fire Marshal and Fire Chief were aware of the chemicals being used. R. Maloney asked if there is any certification that is require for Fire Marshall approval, Wendy Steinhiber said that they are working with the Fire Marshal. M. Masinda closed the P.H.
ZBA2014-8 Application for a 46’ front yard Section 8 & Table 8.2 and Section 4.05 building in front yard variance for14’ X 36’ Kloter Farms garage at 15 Ruby Road (Map23 Lot 9 Zone R80) Owner/Applicant: Heather Abiera (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after close of P.H.)
Mark Masinda was at the site walk on June 4, 2014. Heather Abiera was present to speak about her application. H. Abiera said that she would like to put in a 14’X 36’ garage and gravel drive. The hardship is the topography of the land and the house was built prior to the current Zoning Regulation. M. Masinda closed the P.H.
ZBA2014-6 Application for site suitability hearing per Section 21.01.04 for 3 Polster Road (Map 46 Lots 16, 17 Zone DC) Owner Frank & Joseph Malack et al Applicant: Love’s Travel Stops & Country Stores (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after P.H.
M. Masinda asked if anyone on the Board has spoken either for or against the application at a Public Hearing. B.Sempboran said that he had, and recues himself from the current applicant.
Attorney Leonard Jacobs said that he is representing Love Travel Stops and will speak about the applicant Also present is Tom Galeota the site engineer from Fuss & O’Neill, Mark Bertucci is the traffic engineer and Josh Wilson wetland expert. Rick Sheffield is the owner of Loves Travel Stop. Attorney Jacob stated that the site is a short distance from the highway. The property is located on Polster Road. The site plan has been approved by the Planning Zoning Commission. The site is within the Plan of Conservation and Development.
Attorney Jacobs said that at a site suitable hearing the Board is acting as an agent for the State of Connecticut. You are acting under a statute that says a business selling gasoline must obtain a license from the State. The Statute says we have to come to the Zoning Board of Appeals to ask for Site Suitability Hearing. The suitability of the site for it intended purpose.
Attorney Jacobs stated that both the Wetland Commission and the Planning and Zoning Commission have approved the applications. Planning and Zoning approved a Zone Change and a Special Permit.
Several residents spoke to the Board regarding their opinions on the use, and the traffic issues and other issues that come with Truck Stops. Melissa Miller spoke regarding the proximity to the brook and Nipmuck forest and traffic. She submitted a letter as evidence as well as Ralph Tulis, PE who spoke regarding the particular use not being suitable here because of the geometry of the area roads and submitted a letter regarding site suitability.
Attorney Jacobs submitted
Exhibit # 1 Planning and Zoning Minutes dated September 17, 2013
Exhibit # 2 Traffic Impact Study
Exhibit # 3 Wetland Assessment Report
Exhibit # 4 Supporting Documents
Exhibit # 5 Stormwater Management Report
Letters submitted from Residents
Exhibit # 6 Letters from Ralph Tulis
Exhibit # 7 Letters from Melissa Miller
Board Members will review the material submitted at the next meeting.
M. Masinda closed the Public Hearing,
Regular meeting called to order
B. Semprebon was reseated for the regular meeting.
ZBA2014-5 Application for variance of Section 4.04.02.01Buildable area slopes greater than 20% Luchon Road (Map 18 Lot 8B Zone R80) Owner/Applicant: Pamela J. Mallory et at (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after close of P.H.)
J. Rup motion to approve a variance from section 4.04.02.01 minimum buildable area with slopes over 20%. To allow the area to have slopes greater than 20%. M. Masinda asks for discussion on the application. M. Masinda stated that he was at the site walk and that test pits were being done by EHHD. The application did not have approval from EHHD in the file.
B. Bland seconded the motion. All voted in favor.
ZBA2014-7 Application Special Exception for unit #2105 1,560 sq ft for diagnostic lab testing at 156 River Road (Map 15 Lot 27A Zone R80) Owner: Thomas Buccino Applicant: James A. Bento (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after close of P.H.)
B. Semprebon motion to approve the application for a special exception for unit # 2105 1,560 sq ft for a diagnostic lab at 156 River Road J. Rup seconded the motion. All voted in favor.
ZBA2014-8 Application for a 46’ front yard Section 8 & Table 8.2 and Section 4.05 building in front yard variance for14’ X 36’ Kloter Farms garage at 15 Ruby Road (Map 23 Lot 9 Zone R80) Owner/Applicant: Heather Abiera (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after close of P.H.)
B.Semprebon motion to approve a 46’ front yard variance from section 8 Table 8.2 and section 4.05 building in front yard for a garage per map title Zoning Location Survey prepared for Heather M. Abiera 15 Ruby Road Willington, Connecticut scale 1” = 20’ May 16, 2014 Sheet 1 of 1 Prepared by Filip Associates Land Surveying. J. Rup seconded the motion. All voted in favor
ZBA2014-6 Application for site suitability hearing per Section 21.01.04 for 3 Polster Road (Map 46 Lots 16, 17 Zone DC) Owner Frank & Joseph Malack et al Applicant: Love’s Travel Stops & Country Stores (Received May 8, 2014 Public Hearing June 12, 2014 Decision within 65 days after P.H.)
Public Hearing was closed. The application was tabled until the next meeting.
Prusak motion to adjourn the meeting. M. Masinda seconded the motion. All voted in favor
Respectfully Submitted
M. DuPilka Recording Clerk
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