Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
September 10, 2015 at 7:30
Minutes
Present:
Mark Masinda Chairman
Annemarie Poole
John Prusak seated for Richard Maloney
John Rup
William Bland
Excused:
Richard Maloney
Chairman M. Masinda called the Public Hearing to order at 7:30 PM. Board Members present as above.
PUBLIC HEARING:
1. ZBA2015-6 Application for a 3 ft. side yard variance to build 14’X18’ accessory building at 94 Village Hill Road (Map 42 Lot 19 Zone R80) Owner/Applicant: Gerald Gordon (Received July 9, 2015 Public Hearing September 10, 21015 Decision within 65 days after close of P. H.)
Site walk set for September 8, 2015 at 6:30 PM
Gerald Gordon was present to speak about his application. G. Gordon said that he has an existing 22’X28’ garage and would like to add 14’X18’ work shop in the rear of the garage. He said that he would need a 3’ side yard variance. He said that the existing building was constructed prior to the present zoning requirements. A site walk was done on September 8, 2015. M. Masinda asked if anyone present wanted to speak either for or against the application. No comments were made. Application is complete. Public Hearing Closed.
2. ZBA2015-7 Notice of Appeal of a Cease and Desist Order issued by Zoning Agent at 380 Daleville Road (Map 2 Lot 001 Zone R80) Owner/Applicant: Willington
Oaks, LLC c/o Steven Miles (Received June 29, 2015 Public Hearing September 10, 2015 Decision within 65 days after close of P. H.)
Steve Miles was present to speak about his applications. He said that he is one of three partners who own Willington Oaks Apartment complex. Willington Oaks consists of twelve buildings with 16 units in each building; it is over a thousand feet from Daleville Road.
S. Miles explained to the Board Members that when he purchased the property the DEEP had issued a Consent Order to the previous owner to upgrade the wastewater system. He said that they had done extensive work on the septic system.
S. Miles said he was not sure what to apply for so he applied for three different applications.
S. Miles presented five items that will be mark as exhibit:
#1.Two google maps showing an aerial view of Willington Oaks Apartments and the surrounding area
#2. A letter from Hrica Associates LLC address to G. Marco Chairman of the Planning & Zoning Commission was submitted.
#3. Maps title Septic Tank replacement plan Tanks #2-1 & 2-2 Willington Oaks Apartment Date 09/03/2015 and Map titled Existing Conditions Map Willington Oaks Apartments Dated 8/21/2015about the wastewater system
#4. Four pictures of the apartments and the modular
#5. A proposed plan to add a porch to the trailer
All documents and pictures will be added to the file.
S. Miles said that they wanted to use the office that is built to the same classification standards as a building. It is not on wheels, it is on cement blocks. The trailer is sitting on a concrete pad that at one time held an oil tank.
S. Miles said the present managers and rental office is located in one of the apartments. The area residents have complained about the car lights and noise because of residents stopping to pay rent or dropping off notices for repairs at all hours of the day and night.
M. Masinda asked about the Cease and Desist Order.
S. Miles said the Cease and Desist Order was his fault he did not realize you had to have permits to put a trailer on the property.
S. Miles said that when he received the Cease and Desist order he moved the employees out and back into an apartment office.
M. Masinda said the letter for the Cease and Desist Order sent to the applicant shows violations of section 4, 5, 9, 11.20 and 20 of the Town of Willington Zoning Regulation.
The Board Members look at the regulations that applied to the violations.
S. Miles said that he was here for the application for the Special Exception. The Board Members read the regulation 11.18.05 Application Conditions for Trailers.
M. Masinda opens ZBA2015-8 and ZBA2015-9 so the Board Members could discuss all the applications.
3. ZBA2015-8 Application for a Special Exception to place an office on the premises at 380 Daleville Road (Map 2 Lot 001 Zone R80) Owner/Applicant: Willington
Oaks, LLC c/o Steven Miles (Received June 29, 2015 Public Hearing September 10, 2015 Decision within 65 days after close of P. H.)
Site walk set for September 8, 2015 at 6:30 PM
4. ZBA2015-9 Application for a variance to place a office on the premises at 380 Daleville Road (Map 2 Lot 001 Zone R80) Owner/Applicant: Willington Oaks, LLC c/o Steven Miles (Received June 29, 2015 Public Hearing September 10, 2015 Decision within 65 days after close of P. H.)
Site walk set for September 8, 2015 at 6:30 PM
A. Poole read a part of the Cease and Desist order:
1. Altering the building without zoning approval.
2. Placing a trailer for office use without zoning approval.
3. Increasing the non-conformity of the property.
Ralph Tulis said the non-conformity is that Willington Oaks was built prior to the existing zoning regulation. By putting a modular/trailer on the site it has increase the non-conformity of the property. If the building is capable of being moved it falls into the trailer classification.
The Board Members review and discussed the regulation 11.18 Trailers.
The Board Members look at the regulation to see when a trailer could be used.
11.18.03 Construction field office 11.18.04 Temporary Emergency Trailer for Damages/Destroyed Residence
S. Miles said that he had talked to S. Yorgensen and she said trailers were not allowed in Willington.
M. Masinda said that he felt S. Miles should be seeking a variance from the non-conformity for the property
.
M. Masinda said that they would keep the Public Hearings open so that they could get more information and clarification from Staff.
Regular Meeting:
Chairman M. Masinda called the regular meeting to order. Members present as above.
Old Business:
1. ZBA2015-6 Application for a 3 ft. side yard variance to build 14’X18’ accessory building at 94 Village Hill Road (Map 42 Lot 19 Zone R80) Owner/Applicant: Gerald Gordon (Received July 9, 2015 Public Hearing September 10, 21015 Decision within 65 days after close of P. H.)
Site walk set for September 8, 2015 at 6:30 PM
A. Poole motion to approve ZBA2015-6 for a 3’ side yard variance. J. Prusak the motion. All voted in favor.
Minutes
A. Poole motion to approve the minutes of July 9, 2015. W. Bland seconded the motion. All voted in favor.
A. Poole motion to adjourn. J. Rup seconded the motion. All voted in favor.
Meeting was adjourned at 8:40.
Respectfully Submitted
M. DuPilka Recording Clerk
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