Town of Willington
Zoning Board of Appeals
40 Old Farms Road Lower Level
Willington, CT. 06279
October 8, 2015 at 7:30
Minutes
Present:
Mark Masinda ~~Chairman
John Prusak seated Annemarie Poole
John Rup
Richard Maloney
Excused:
Annemarie Poole
William Bland
Jerry Lopes
Chairman M. Masinda called the Public Hearing to order at 7:30 PM.
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PUBLIC HEARING:
1. 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.)
2. 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
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3. ZBA2015-9 Application for a variance 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
M. Masinda opens ZBA2015-7 ZBA2015-8 and ZBA2015-9 so the Board Members could discuss all the applications.
Richard Maloney stated for the record that he had listened to the tape of the September 10, 2015 meeting and was familiar 380 Daleville Road.
M. Masinda said that the Board had received a letter from Attorney Branse Office, written by Caleb F. Hamel, Esq. and would take a few minutes to read it.
Meeting was restarted at 7:40 PM.
The letter will be added to the applications.
After reading the letter from the Attorney Branse office R. Maloney asked if the applicant Steven Mile would like to withdraw any of his applications.
The Board Members discussed the removal of the trailer and the possibility of adding an addition to one of the building to house a new office.
Steven Miles said that at the last Public Hearing a discussion was had on the possibility of making it a permanent structure by putting it on a foundation.
Jack Rup said in an email dated 9/10/2015 sent by Attorney Branse stating that in Section 8-2 of the Connecticut General Statutes, if the modular home is a “manufactured home having as its narrowest dimension twenty-two feet or more and built in accordance with manufactured home construction and safety standards, “then the town can’t impose “substantially different.. conditions and requirements [from those] imposed on single family dwellings…”
M. Masinda said the structure is 14’X18’.
J. Rup continued and said the last paragraph in the letter received at the meeting October 8, 2015 from Attorney Branse says. “Since the use of a trailer as an office is forbidden in the Town of Willington, it is unlikely that this so. If the trailer were replaced with a permanent building, that building would still need to comply with all of the requirements and standards of Section 13.”
Willington Oaks Apartment is a non-conforming site in a zone is R80.
M. Masinda said that the applicant would have to prove a hardship. He said he would need to get a variance to add a new structure to the property, the property is non-conforming and any addition to the property would increase the non-conformity. He said it he did not know if the trailer would ever conform to the current regulations.
Ralph Tulis was present and spoke about trailers and the no-conforming use. He said that Willington Oaks is non-conforming because we now have in our regulations a zone for multi-family housing. Willington Oaks is in a R80 zone which is single family housing zone. He said if the trailer, when put on a foundation and met all the building codes having it on a foundation would take it out of the trailer category.
J. Rup in reviewing the letter from Attorney Branses office said that he was not familiar with a use variance. In the letter he read the basic standards for granting a use variance are the same as the standards for grating any, other variance: unique hardship, plus harmony with the general purposes and intent of the zoning regulations. In the case of a use variance, however, the “unique hardship” standard requires an applicant to prove that the property cannot be used for any of the uses permitted in the current zone, and therefore their only potential relief from a regulatory taking would be a variance to allow their requested use.
The Board Members discussed the fact that the property is non-conforming they also talked about applying for a zone change, and or a special permit application.
S. Miles said he would like to keep the office separate from the apartment to keep the noise away from the tenants.
S. Mile said that he would withdraw the ZBA2015-9 application for a variance and ZBA2015-8 application for Special Exception.
R. Maloney move to table the Notice of appeal
Regular Meeting:
Chairman M. Masinda called the regular meeting to order. Members present as above.
Old Business:
Minutes
R. Maloney to motion to approve the minutes of September 10, 2015. J. Rup seconded the motion. ~All voted in favor.
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John Prusak motion to adjourn the meeting. 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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