Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
April 9, 2015 at 7:30
Minutes
Present:
Mark Masinda Chairman
Richard Maloney
Annemarie Poole
John Prusak seated for William Bland
John Rup
Excused:
William Bland
PUBLIC HEARING:
Chairman Masinda called the hearing to order at 7:30 PM. Members present as above.
ZBA2015-1 Application for Variances 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 site walk was attended by John Prusak, William Bland, Annemarie Poole and Mark Masinda.
Attorney Dorian Famiglietti from Kahan Kerensky & Capossela was present to represent FedEx Ground Package System. She said the Public Hearing was continued from March 12, 2015 a site walk was done on March 31, 2015. Attorney Famiglietti gave a recap of the previous Public Hearing.
A memorandum from Fuss and O’Neil was submitted as exhibit # 1 about Ruby Lake Dam, to be added to the application. Philip Forzley from Fuss & O’Neil gave brief presentation about the Dam and the underground detention system.
Attorney Famiglietti said that she wanted to address questions that can up at the last meeting. The existing site has 40 ft. light poles that were approved. The current site will have 35 ft. light poles with metal halite that are dark sky compliant. The new light will not have the nuisance factor that the existing facility has now.
John Rup asked about the number of poles. Thirteen poles will be used at a height of 35 ft. instead of 21 poles at a height of 30 ft.
M. Masinda asked how many existing pole will be replaced with the 35 ft. poles. There are three 40 ft. poles along the wall. All three poles will be replaced with the 35 ft. poles and becoming dark sky compliant.
Attorney Famiglietti stated that the change in the poles would be bringing the non-complaint property more in compliant with the Regulations.
Attorney Famiglietti said that the hardship is the wetlands and the watercourses and the topography of the land and that the land constricts the areas available for development in connection with the proposed parking lot expansion.
M. Masinda asked what the hardship would be for the landscape buffer. Attorney Famiglietti said the existing topography and the highly vegetated area make for a natural buffer. The intent of the regulation is to provide screen from the public view and any abutters.
B. Shabot asked about the retaining wall. The engineer said that it will be colored concrete block units.
Attorney Meghan Hope representing Ruby Associate was present to speak in support of the application. A statement of support was submitted, and will become part of the application.
R. Tulis had comments about the existing Special Permit and if ZBA has the authority to grant variance to what will be a Modification of a Special Permit, the screening buffer, and if the variance was for the whole parcel or just the additional land being acquired and he also said a variance has to have a unique hardship and be relative to the land.
Attorney Famiglietti said that the modification of a Special Permit and site plan will be going to the Planning and Zoning Commission but that Planning and Zoning cannot approve it unless it comply with the regulations or a variance has been granted.
J. Prusak motion to close the Public Hearing. R. Maloney seconded the motion. All voted in favor.
Regular Meeting:
Chairman called the regular meeting to order. Members present as above.
Old Business:
ZBA2015-1 Application for Variances 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 Board Members decided to act on each section of the Regulation.
Section 5.05.03.02 R. Maloney motion to approve a variance of section 5.05.03.02 which requires a minimum 25 ft. buffer around the entire perimeter by 15ft. for the proposed expansion of the Parking Area (now requiring 10 ft. instead of 25). J. Prusak seconded the motion. Voting in favor M. Masinda, R. Maloney, J. Rup, & J. Prusak. The Board Members discussed the natural buffer, industrial zones, location of the expansion, and wetland on the property. A. Poole did not think the existing tree and vegetation block the view from Ruby Road. A. Poole voted against motion. All others voted in favor. The motion was passed.
Section 13.06.04 R. Maloney motion to approve a variance, to eliminate the requirement for landscaped islands in the Fed Ex parking area expansion. As stated in the narrative dated February 20, 2015. J. Rup seconded the motion.
The Board Members discussed the regulation in regard to industrial zone and the regulations on parking lots.
All voted in favor.
Section 18.07 R. Maloney motion to approve a variance for the increase in maximum height of light poles from 30 ft. to 35 ft. as defined in narrative dated February 20, 2015 on the area of expansion for the parking lot. J. Rup seconded the motion. All voted in favor.
Section 18.08 J. Rup motion to approve a variance to eliminate the requirement of the following from section 18.08 for the expansion of the parking lot at FedEx;
“Specifically, all parking and loading areas shall utilize landscaped islands to define and separate parking rows, maneuvering lanes, and access driveways to prevent random vehicular movement and the appearance of large areas of uninterrupted pavement. Capacity of any parking area shall not exceed seventy-five (75) spaces, and where more parking is required, two or more parking areas shall be provided, separated by a minimum of fifteen (15’) feet of landscaped area.”
R. Maloney seconded the motion. All voted in favor.
R. Maloney motion to approve the minutes of March 12, 2015. J. Prusak seconded the motion. All voted in favor.
Meeting was adjourned at 10:10.
Respectfully Submitted
M. DuPilka Recording Clerk
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