Town of Wallingford
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The official copy of these minutes can be obtained at Wallingford Town Hall.

September 18, 2007  

RE: Dennis Smith - Application for Conditional Use at 2251 US Route 7 South  

Present:  Hans Huessy, Derek Farmer, Charles McClafferty, Lawrence Miller, Beth Sheehe  

Guests:  Dennis Smith, John Bloomer, Lisa Charbonneau, Karen Lamay, Jill and George Burkett, Robins and Clarice Best  

Chair Hans Huessy opened the meeting at 7:05 PM with a welcome to new and returning members.  

Mr. Bloomer opened his presentation saying that they don’t believe they really need to be before the ZBA for conditional use. He believes it falls under Professional Residence/Office within permitted uses. He believes the Planning Commission did not rule within 45 days so by default permit #07-23 for use of the front part of the building as an office was granted under “…other uses as approved by the appropriate municipal panel”. He said it could potentially be viewed as a public utility since that is the type of work LMS Construction does. Mr. Bloomer went over the original permit and all the exhibits attached to it and said he feels the use they are proposing complies with the general character of uses in the area.  

Mrs. Best spoke about the area being on the National Register of Historic Places and that VTel was already there before the Historic District designation. She mentioned that the logging business on Route 7 was more like a truck depot and that letting businesses like this get set up and then spread out unchecked was not good for the character of the area.  

Mrs. Burkett spoke about the March 2006 permit request on this property for an office for 2 or 3 employees and parking for utility type trucks and how the environmental court judge was very concerned about traffic in his ruling. She gave a definition of “detrimental” meaning “loss” pertaining to a loss of character of the area, and “injury” saying that this spot along Route 7 is an accident waiting to happen. She also questioned the request for 20 trips per day when the old permit when the trucks were part of it was asking for 24.  

Mr. Huessy said that this board has to focus on the use of the building for office space. He asked the Zoning Administrator to provide the Board members with copies of old permits pertaining to this property along with the judgment and auto dealer permit.  

Ms. Lamay stated that Kevin Brown never actually had an office at the site. He only used the building for storage.  

Mrs. Burkett said that her family has lived across from the property for seven years. She said that Mr. Smith has not rectified the conditions set by the earlier judgment. Mr. Burkett said that people drive along the gravel roadway in front of the north building and that this needs to be blocked off.  

Mr. McClafferty made and Ms. Sheehe seconded a motion to table the issue until the next public hearing, scheduled for October 10, 2007 at 7 PM. Motion carried 5-0.  

The Board will meet for a closed deliberative session on September 26 at 7 PM .  

Motion to adjourn by Mr. Miller. Second by Ms. Sheehe. Carried 5-0. Adjournment at 8:10 PM .

Respectfully submitted,

William Brooks, III
Zoning Administrator

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