Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
March 12, 2015 at 7:30
Minutes
Present:
Mark Masinda Chairman
Richard Maloney
Annemarie Poole
William Bland
John Prusak seated for John Rup
Excused:
John Rup
John Prusak
PUBLIC HEARING:
ZBA2015-1 Application for Variance from Sections 5.05.03.02 (landscaped buffer), 13.06.04 (landscaped parking islands), 18.07 (height of light poles) and 18.08 (landscaped parking islands and maximum capacity of parking area) upon properties at 328 and 350 Ruby Road in connection with the expansion of FedEx’s parking facilities. Applicant: FedEx Package System, Inc. Owner: Ruby Associates General Partnership (as to 328 Ruby Rd) and FedEx Package System, Inc. (as to 350 Ruby Rd)
Attorney Dorian Famiglietti from Kahan Kerensky & Capossela was present to represent FedEx Ground Package System. This application is for four different variances, which will affect the property at 328 & 350 Ruby Road. In the future 328 Ruby Road will be merged with the FedEx property. They are under contract to purchase between 4 and 5 acres of land from Ruby Associates to expand the parking lot. They will be removing the curbing and fencing around the existing parking lot and extend it to include the additional acreage. A lot line modification will be done for the Special Permit.
Attorney Famiglietti said in order to expand the parking area variances will be needed.
Section 5.05.03.02. to eliminate the requirement for a 25 foot landscaped buffer around the entire perimeter of the lot.
Attorney Famiglietti presented the Board Members with Aerial Perspective View of the area.
She said the area surrounding Ruby Lake is highly vegetated with lots of trees and thick vegetated cover. She said that with the trees and heavy vegetation the land has a natural buffer. The property is not visible from Ruby Road.
R. Maloney asked what the hardship is and if the property has any residential abutted.
Attorney Famiglietti said all the land in the area is Designed Industrial. She said the abutting property owner Ruby Associates G.P. has submitted a letter in support of the application. She stated that the topography of the land and the wetlands and watercourses are the hardship.
Attorney Famiglietti said we are also asking for a variance from
Section 13.06.04 and 18.08 is requiring landscaped islands in the parking lots and the maximum capacity of a single parking area. She said the islands are created to soften the view of large open parking lots. This area will not be visible from the public right of way; it will be used as a staging area for parking tractor trailers. Having islands will hinder the movability of the trucks. The existing parking area does not have landscaped islands.
The regulation (18.08) is asking for a maximum capacity of 75 cars per parking lot. She stated that the lot will not be visible to the public or from Ruby Road; the existing parking lot is all contagious.
She said we are not just looking at the hardship but the overall harmony with the regulations.
Section 18.07 (Illumination) Attorney Famiglietti said that they would like to increase the height of the poles from 30 ft. to 35 ft. She stated that the light poles in the existing parking lot are 40 feet in height. The lighting was approved to provide adequate, but not excessive, light levels without glare and with poles and fixture that were in scale with the buildings. This statement was read from the previous approval. They will do the same with the poles in the new parking lot; the poles will be adequate for the size of the buildings. If the poles are at 30 ft. they would have to put in more poles.
M. Masinda asked how many addition poles would have to be added in each section to meet the regulations.
Attorney Famiglietti showed the Board Members map C-22 showing the location of the poles.
Paul Brand from Baker Engineering said that eleven poles are proposed at this time. To meet the regulations we would need to have 19 to 20 poles. The spread of the light is greatly diminished at 30 ft. The more light poles that are used the less space that is available to use for operations.
M. Masinda asked how much leakage of light they would be. P. Brand said that with dark sky there is no leakage of light over the property line.
Paul Brand from Baker Engineering was present to speak about the underground detention system created for the project.
Further discussion was held on the Designed Industrial Zone, Conservation Easement, looking at other site for the expansion, the Wild Life Habitat and the 15 ft. average height of the retaining wall.
Attorney Famiglietti said that the hardship is the wetlands and the watercourses and the steep slopes of the land constrict the areas available for development in connection with the proposed parking expansion.
Attorney Famiglietti said that they are honoring the intent of the regulations so that it is esthetic pleasing as possible.
M. Maloney said that the abutter had been notified, the green cards for certified mailing are in the file. He asked if anyone present wanted to speak either for or against the application.
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A represented for Sophie Parizek was present to speak about the application. He said he feels the hardship is self-imposed. He stated that he has a look down position and that the lighting does leave the site. It creates an orange glow in the area.
Scott Wing from Lohse Road was present to speak about the application. He asked if any evaluation has been done on Ruby Lake dam.
Bob Shabot spoke about islands in the parking lots, he said that the islands are used to mitigate water and run off in parking lots. He asked if they had looked into different types of asphalt. P. Brand talked about the different types of asphalt and said the water would still have to be captured and go through the detention system.
Don Berg spoke about the light pole going from 30 ft. to 35 ft. and asked if increasing the wattage of the bulbs would make a difference. P. Brand said that currently on site the light bulbs are 750 watt, and the same will be used in the 30 ft. poles, but they are looking at other option with LED lighting which has less spillage depending on the fixture.
John Patton spoke in favor of the application he stated that the majority of FedEx property is in Wild Life Habitat and that the property they are expanding into is Designed Industrial. He said that the company has been good neighbors.
The Public Hearing is continued to April 9, 2015 and a site walk is schedule for March 31, 2015 at 6:00 PM.
ZBA2015-2 Application for a Special Exception per Section 9.03.01.02 (Non-Conforming Uses) of the Zoning Regulation at 187 Ruby Road (Map 38 Lot 25 Zone R80) Owner/Applicant: David Lytwyn (Received March 12, 2015 Public Hearing March 12, 2015 Decision with 65 days after close of P. H.)
Dave Lytwyn was present to speak about his application. He said he would like to increase the size of an existing barn. The barn is non-conforming, per the regulation it will need a Special Exception to increase the size. The increase in size will be less than 50% of the current size. The entrance will be in the rear of the barn.
R. Maloney said the application is complete.
The Public Hearing was closed.
ZBA2015-3 Application for variance from section 4.05 (Building in Front or Rear Yards) & 4.07 (Lots on Narrow Streets) at 187 Ruby Road (Map 38 Lot 25 Zone R80) Owner/Applicant: David Lytwyn (Received March 12, 2015 Public Hearing March 12, 2015 Decision within 65 days after close of P.H.)
Dave Lytwyn was present to speak about his application. He said that he needed a variance from section 4.05 to build an addition on the back of the barn. The hardship is that the building pre dates zoning. The variance needed is 90 ft.
Public Hearing closed.
Regular Meeting open at 9:22
The Board Members voted to add a pre application to the agenda.
Pre Application: Don Berg is requesting to speak with Board Members about using solar power at Button Hill Senior Housing.
Don Berg spoke to the Board Members about using Solar Power for heating at the new Senior Housing and the possible need for a 200 ft. buffer.
Old Business:
ZBA2015-1 Application for Variance from Sections 5.05.03.02 (landscaped buffer), 13.06.04 (landscaped parking islands), 18.07 (height of light poles) and 18.08 (landscaped parking islands and maximum capacity of parking area) upon properties at 328 and 350 Ruby Road in connection with the expansion of FedEx’s parking facilities. Applicant: FedEx Package System, Inc. Owner: Ruby Associates General Partnership (as to 328 Ruby Rd) and FedEx Package System, Inc. (as to 350 Ruby Rd)
The Public Hearing will remain open, next meeting is April 9, 2015 and a site walk is schedule for March 31, 2015 at 6:00PM.
ZBA2015-2 Application for a Special Exception per Section 9.03.01.02 (Non-Conforming Uses) of the Zoning Regulation at 187 Ruby Road (Map 38 Lot 25 Zone R80) Owner/Applicant: David Lytwyn (Received March 12, 2015 Public Hearing March 12, 2015 Decision with 65 days after close of P. H.)
A. Poole motion to approve the Special Exception to increase the size of the existing barn by less than 50% is only for the use on the application and as depicted in the sketch. W. Bland seconded the motion. All voted in favor.
ZBA2015-3 Application for variance from section 4.05 (Building in Front or Rear Yards) & 4.07 (Lots on Narrow Streets) at 187 Ruby Road (Map 38 Lot 25 Zone R80) Owner/Applicant: David Lytwyn (Received March 12, 2015 Public Hearing March 12, 2015 Decision within 65 days after close of P.H.)
A. Poole motion to approve a 90 ft. front Yard Variance per the sketch included in the application. W. Bland seconded the motion. All voted in favor.
M. Masinda motion to adjourn the meeting at 9:40. J. Prusak seconded the motion. All voted in favor.
Respectfully Submitted
M. DuPilka Recording Clerk
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