TOWN OF WALLINGFORD ZONING BOARD OF APPEALS SEPTEMBER 19, 2011 REGULAR MEETING MINUTES

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1 Zoning Board of Appeals 1 TOWN OF WALLINGFORD ZONING BOARD OF APPEALS SEPTEMBER 19, 2011 REGULAR MEETING MINUTES A regular meeting of the Wallingford Zoning Board of Appeals was held Monday, September 19, 2011 at 7:00 p.m. in Room 315 at Town Hall. Approximately 8 members of the public were in attendance. CALL TO ORDER: Chairman Glidden called the meeting to order at approximately 7:00 p.m. Present were: Michael Glidden (Chairman), William Birney (Vice Chairman), Alan Reed (Secretary), Tom Wolfer, Jeffrey Knickerbocker, Ron Souza (alternate), Ray Rys (alternate), Joe Rusczek (alternate), Town Planner Linda Bush, and Recording Secretary Sonja Vining. Absent: All materials submitted in accordance with the following applications are available in the Town Planner s Office at the Town Hall. Chairman Glidden announced that tonight s decisions would be published in the Record-Journal on Friday, September 23, The effective date of your variance will be Friday, September 23, 2011; the date a certified copy is recorded on the land records. The statutory 15-day appeal period will expire on Sunday, October 9, If you commence operations and/or construction during the appeal period, you do so at your own risk. The next regular meeting of the Board would be October 17, Chairman Glidden announced that the Board would be going into Executive Session pursuant to Connecticut General Statutes 1-200(6)(B) and (f) regarding strategy and negations with respect to the pending matter of Ridley v. Zoning Board of Appeals and possible action on Ridley v. Zoning Board of Appeals. MR. KNICKERBOCKER, TO GO INTO EXECUTIVE SESSION. UNANIMOUS The Board returned to Room 315. MR. KNICKERBOCKER, TO COME OUT OF EXECUTIVE SESSION. UNANIMOUS

2 Zoning Board of Appeals 2 READING OF THE MEETING LEGAL NOTICE: Chairman Glidden read the beginning of the published Legal Notice. # DEANTONIO variance request for a front yard of 0 ft. where a minimum of 30 ft. is required to construct a front porch at 404 Main Street. Mr. Reed, Secretary, read comments from Kacie Costello, Assistant Town Planner, dated Presenting the application was Lawrence DeAntonio, owner. Mr. DeAntonio presented a revised sketch showing the setbacks on the site. Mr. DeAntonio would like to add a front porch onto the existing house. The porch would not be enclosed. Ms. Costello noted that the actual proposed setback for the porch, per the zoning regulations, would be zero even though it is 72 feet back from the property line. No one from the public spoke in favor of or opposed to the application. MR. KNICKERBOCKER, TO APPROVE. BETTER USE OF THE PROPERTY WITHOUT ALTERING THE CHARACTER OF THE NEIGHBORHOOD. AND THE VARIANCE WAS APPROVED. # ISTAS variance request for a sideyard of 4.3 ft. where a minimum of 20 ft. is required to construct a garage attached to the house at 56 Mariot Circle. September 16, 2011 and comments from the Engineering Department dated September 6, 2011 and Presenting the application was Jeffrey Istas. Mr. Istas is proposing to build a two-car attached garage on the side of his home. He submitted photos of houses in the neighborhood with two-car garages. No one from the public spoke in favor of or opposed to the application. MR. KNICKERBOCKER, TO APPROVE.

3 Zoning Board of Appeals 3 BETTER USE OF THE PROPERTY WITHOUT ALTERING THE CHARACTER OF THE NEIGHBORHOOD. THIS IS A NARROW LOT WITH A LARGE R.O.W. THE REGULATIONS AFFECT THIS PARCEL DIFFERENTLY THAN OTHER PARCELS IN THE ZONE. MR. GLIDDEN AND THE VARIANCE WAS APPROVED. # TERAPANE variance request for total garage space of 2,276 sq.ft. to construct a 448 sq.ft. addition on the detached garage at 180 Pond Hill Road. Presenting the application was Surveyor Rosalind Page and the Applicant Tim Terapane. Ms. Page provided a packet of materials for the Board including a sketch from the builder and photos of the existing garage and property. Ms. Page stated that a Special Exception was granted last year to enlarge the garage. Mr. Terapane would now like to put a 448 sq.ft. addition on that garage. The addition would be in the style as the existing garage and would meet the height restrictions. Mr. Terapane collects antique farm equipment that he stores in the garage and needs more room. The garage would not be used for commercial use. Ms. Page stated that the use in this case is continuing as last time, to allow Mr. Terapane to store his antique equipment. There would be no traffic to the garage other than Mr. Terapane. Ms. Page stated that this addition would not impede the neighbors from using their property. She does not believe it would impact the value of the surrounding homes. Mr. Terapane maintains his property very well. Ms. Page stated that with the proposed addition the lot coverage would be approximately 8%. Chairman Glidden pointed out that this is a substantial size garage in comparison to the living dwelling. He is concerned with future use of this garage. Chairman Glidden asked how this would be considered customary and incidental according to the regulations. Ms. Page stated that some people like to have a big house. Mr. Terapane is not married and has no children. His hobby is collecting farm equipment so he would like to have a larger garage and smaller living dwelling. Speaking in favor of the application was Don Bellows, 14 Lincoln Avenue. Mr. Bellows stated that Mr. Terapane has done a great job with his property and garage. The lot is very well kept. Mr. Bellows pointed out that this area was once all farm land with working farms. He stated that this is just a personal collection of Mr. Terapane and it is not commercial in any way. Mr. Bellows pointed out that farming is a part of Wallingford and he should be allowed store his equipment and preserve the history of the town. No one spoke opposed to the application.

4 Zoning Board of Appeals 4 Chairman Glidden stated that this is a very, very large detached structure. He does not feel it is customary and incidental as stated in the regulations. Chairman Glidden doesn t believe that a garage of this size is in keeping with the neighborhood. He would not be in support of this application. MR. KNICKERBOCKER, TO DENY CONCERN FOR PROPERTY VALUES IN THE AREA. BOTHERED BY THE FACT THAT THIS APPLICANT WAS BEFORE THIS BOARD FOR A SPECIAL EXCEPTION FOR THIS SAME REASON. MR. GLIDDEN NO, MR. KNICKERBOCKER YES, MR. REED YES, MR. BIRNEY NO AND CHAIRMAN GLIDDEN YES. THE MOTION FAILED. MR. KNICKERBOCKER, TO APPROVE MR. GLIDDEN YES, MR. KNICKERBOCKER NO, MR. REED YES, MR. BIRNEY YES AND CHAIRMAN GLIDDEN NO. THE MOTION FAILED. THE SPECIAL EXCEPTION WAS NOT GRANTED. # ROBERTSON variance request for a front yard of 34 ft. 9 in. where a minimum of 40 ft. is required and a sideyard of 14 ft. 3 in. where a minimum of 20 ft. is required to construct an addition and a front porch at 43 Chimney Sweep Road. September 16, 2011 and comments from Erin O'Hare, Environmental Planner, dated September 16, Presenting the application was John and Stephanie Robertson. Mr. Robertson would like to build a front porch and a two-story addition onto the side of the existing home. Mrs. Robertson s father lives in the house with them and they need more living space. Due to wetlands they cannot place the addition to the rear of the garage. They are asking for a variance for 14 3 from the side yard and 34 9 from the front yard. Mr. Robertson provided photos of surrounding houses, most of which have added on living space. He also submitted a petition with neighbor s signatures indicating that they do not have an issue with the application.

5 Zoning Board of Appeals 5 Chairman Glidden asked if the Applicant would be agreeable to a condition that the existing pool would have to be removed prior to the issuance of a building permit. The Applicant had no issue with attaching that condition. Mr. Robertson indicated that they have looked into relocating a new pool. He understands that he would have to get the appropriate permits before that is done. Mr. Robertson stated that where the proposed addition would be, the ground levels out. The addition was placed where it would have the least impact on the Disbrow property. Speaking from the public was Jeff Disbrow, 41 Chimney Sweep. He expressed concern for drainage issues and erosion due to the proposed activity. Mr. Disbrow is also concerned about damage being done to his property during construction of the proposed addition. Ms. Costello indicated that the Engineering Department does see the agendas for these meetings and they did not request any further information regarding this application. She stated that if the Board would feel more comfortable they could attach a condition that the Engineering Department review the plan in terms of the drainage. MR. KNICKERBOCKER, TO APPROVE WITH THE CONDITION THAT NO BUILDING PERMIT BE ISSUED UNTIL THE SITE IS REVIEWED AND APPROVED BY THE ENGINEERING DEPARTMENT AND S&E CONTROLS ARE INSTALLED ALONG THE BROOK AND INSPECTED BY THE ENVIRONMENTAL PLANNER. BETTER USE OF THE PROPERTY WITHOUT ALTERING THE CHARACTER OF THE NEIGHBORHOOD. DUE TO THE ODD SHAPED LOT AND THE WETLANDS ON THE PROPERTY THE ZONING REGULATIONS AFFECT THIS PROPERTY DIFFERENT THEN OTHER PROPERTIES. AND THE VARIANCE WAS APPROVED. # WORKSTAGE-CONNECTICUT, LLC variance requests for sign area of 368 sq.ft. where a maximum of 256 sq.ft. is allowed, two (2) ground signs where one (1) is allowed and wall sign heights of 28 ft., 28 ft., and 42 ft. where a maximum of 15 ft. is allowed to install signage at 110 Leigus Road a/k/a 108 Leigus Road (Campus at Green Hill) Mr. Reed, Secretary, read comments from Kacie Costello, Assistant Town Planner, dated Presenting the application was Attorney Joan Molloy.

6 Zoning Board of Appeals 6 Attorney Molloy believes this application is significantly different than the application that was filed previously. She pointed out that the previous application requested five wall signs and this application is for three wall signs. The total area requested previously was 441 sq.ft.. This application is requesting sq.ft. of total area. This application includes specific dimensions on the ground signs proposed. This application also addresses the height requirements for the proposed signs. MR. KNICKERBOCKER, TO HEAR APPLICATION # ALL VOTING MEMBERS VOTED YES BY A VOICE VOTE AND THE APPLICATION WOULD BE HEARD. Attorney Molloy presented a packet of materials which included photos of the site with the proposed signage and a breakdown of square footage for the proposed signs. Attorney Molloy pointed out that this site fronts on four roads. The site is approximately 106 acres in total. The building signs are set back so far from the road that they would not look oversized. Attorney Molloy reviewed the photos showing the view of the building from the various roads surrounding the property. The ground sign off Liegus Road will be approximately 125 feet back from the road. The ground sign off Miles Drive would be closer to the road but that one is not in a residential area. Attorney Molloy discussed how sign area is calculated in the I-5 zone. She reminded the Board that this building was originally constructed for one tenant but now it will have multiple tenants. Attorney Molloy stated that if the sign height were lowered in accordance with the regulations some of the vegetation in the area would block the view of the signs. She submitted a portion of the landscaping plan showing that there is substantial vegetation planed for the area around the Liegus Road entrance. Attorney Molloy submitted elevations of the Miles Drive side of the building. The elevations were measured from the ground level due to the fact that there is a parking area under the building. There is a significant wetland area on the property that crosses between Miles Drive and the building. That wetlands area cannot be maintained by cutting down the trees so the signs have to be placed high enough so they can be seen above those trees and vegetation. Speaking in favor of the application was: Jim Wolfe, EDC, is in favor of this application. He stated that it is not about bringing in customers, it is about having this corporation here in town as part of the town. They will be bringing in many jobs which would also increase the revenue for the town. Mr. Wolfe feels this is a great thing for Wallingford. Celine Lheureux, 10 Coventry Court, asked about the placement of the sign on Liegus Road. Attorney Molloy stated that the sign would be approximately 125 feet off of Liegus Road.

7 Zoning Board of Appeals 7 Joe Mirra, EDC, stated that he has been following this project since the beginning. He feels that the signage proposed is tasteful and appropriate. He is in support of this application. No one from the public spoke opposed to the application. Attorney Molloy stated that this is a very unique piece of property which is unusual as to size, fronts on four different streets, the building is set back a substantial distance from all roads, and regulations require a second access to the property. The combinations of these items cause the need for the area and height of the proposed signs and create a hardship in this case. Mr. Wolfer stated that he was in favor of this application when it first came before the Board and he is still in favor of it. Chairman Glidden stated that he would be in favor of the ground signs. He would not be in favor of the area and height of the wall mounted signs. MR. KNICKERBOCKER, TO APPROVE THE SIGN AREA. FOR THE REASONS GIVEN BY ATTORNEY MOLLOY AND TO PREVENT THE CONSTRAINT OF TRADE. YES, MR. KNICKERBOCKER YES, MR. BIRNEY YES, MR. REED YES, CHAIRMAN GLIDDEN NO AND THE VARIANCE WAS APPROVED FOR THE SIGN AREA. MR. KNICKERBOCKER, TO APPROVE THE GROUND SIGNS. THE REGULATIONS FOR THIS PARTICULAR PROPERTY PRESENT AN UNDUE HARDSHIP IN THAT THEY ARE REQUIRED TO HAVE TWO ENTRANCES WITH THE PROPERTY HAVING FOUR FRONTAGES. TO PREVENT A CONSTRAINT OF TRADE. MR. GLIDDEN AND THE VARIANCE WAS APPROVED FOR THE TWO GROUND SIGNS. MR. KNICKERBOCKER, TO APPROVE THE SIGN HEIGHT FOR THE REASONS GIVEN BY ATTORNEY MOLLOY AND THE EDC AND TO PREVENT THE CONSTRAINT OF TRADE.

8 Zoning Board of Appeals 8 YES, MR. KNICKERBOCKER YES, MR. BIRNEY YES, MR. REED YES, CHAIRMAN GLIDDEN NO AND THE VARIANCE FOR THE SIGN HEIGHT WAS APPROVED. # BOMBARDIER variance request for a shed height of 13 ft. where a maximum of 10 ft. is allowed to permit a shed at 8 Albert Street. Presenting the application was Melissa Bombardier. Ms. Bombardier stated that her husband added a second story onto the shed before they separated. She indicated that she needs to keep that second floor for storage of valuable equipment. Ms. Bombardier stated that she has had property stolen in the past and needs the shed for a secure place to store her property. She stated that there is no other place to put another storage unit because the yard has a slope to it. No one from the public spoke in favor of or opposed to the application. MR. KNICKERBOCKER, TO APPROVE. BETTER USE OF THE PROPERTY WITHOUT ALTERING THE CHARACTER OF THE NEIGHBORHOOD. THE LOT IS ODD SHAPED AND HAS GRADING ISSUES SO IS AFFECTED DIFFERENTLY BY THESE REGULATIONS THEN OTHER PROPERTIES. Chairman Glidden stated that he sees this as a self created hardship. YES, MR. KNICKERBOCKER YES, MR. BIRNEY NO, MR. REED YES, CHAIRMAN GLIDDEN NO AND THE VARIANCE WAS NOT APPROVED. # NEGRO variance request for a front yard of 37.5 ft. where a minimum of 40 ft. is required to construct a front porch at 14 Bruce Lane. Presenting the application was Tom Negro. Mr. Negro stated that he would like to build a front porch on to his home.

9 Zoning Board of Appeals 9 No one from the public spoke in favor of or opposed to the application. MR. GLIDDEN, TO APPROVE. IT IS IN HARMONY WITH THE SURROUNDING NEIGHBORHOOD. MR. KNICKERBOCKER AND THE VARIANCE WAS APPROVED. APPROVAL OF MINUTES: August 15, 2011 Regular Meeting Mr. Reed indicated that his name was misspelled on Page 8. MR. REED, TO APPROVE THE MINUTES OF THE AUGUST 15, 2011 MEETING WITH THE NOTED CORRECTION. MR. SOUZA ALL VOTING MEMBERS VOTED YES BY A VOICE VOTE AND THE MINUTES WERE APPROVED. ADJOURNMENT:, MOTION TO ADJOURN MR. KNICKERBOCKER ALL VOTING MEMBERS VOTED YES BY A VOICE VOTE. The meeting adjourned at approximately 9:15 p.m. Respectfully submitted, Sonja Vining Recording Secretary Wallingford Zoning Board of Appeals

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