TOWN OF EAST WINDSOR – ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
MARCH 6, 2006
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, February 6, 2006 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli, Cliff Nelson and Stan Paleski; and Alternate Members Tom Arcari and Dan Leone. Nancy Rudek, Zoning Enforcement Official, was also present.
The meeting was called to order at 7:33 p.m. by Chairman Michael Ceppetelli. A quorum was established as three regular members and two alternates were present. Mr. Nelson read the Legal Notice as it appeared in publication.
CONTINUED HEARING:
ZBA #2006-01 Application of Loretta Stankiewicz for an appeal of the Zoning Enforcement Official decision regarding Cease & Desist Order issued for 177 Windsorville Road [R-3 zone; Map 36, Block 60, Lot 19A]
Ms. Stankiewicz came forward along with Richard Venable, of 184 Windsorville Road. Mr. Ceppetelli asked her if she had any additional information since the previous meeting. Ms. Stankiewicz referred to a permit and CO from 2003. Ms. Rudek pointed out that those were for a tobacco shed. Ms. Stankiewicz felt that it was fortunate that she was able to find those documents and suggested that the CO for the mobile home is missing from the records. Mr. Venable questioned why the Building Official wasn’t present for this meeting. Mr. Ceppetelli felt that the issue wasn’t with the Building Official; the issue was with the Zoning Enforcement Official because there is no CO. Mr. Paleski pointed out that the Zoning Regulations from 1953 state that
the only place that you can have a mobile home is in a mobile home park.
Ms. Rudek explained that the former Zoning Enforcement Official received a complaint in July of 2000 about someone living in the trailer. She said when she came into the position in January of 2001 she was asked to follow it up. She referred to an enforcement letter that was issued in February, 2001. In response to that, a letter was received from Attorney Walter Bass stating that the tenants in the trailer at that time would be evicting someone that was living in the front house and that once the tenants in the house were evicted, they would be moving into the house. Ms. Rudek said it was brought to her attention again in September when Mr. Stanley went out there to do an electrical inspection and the Health Department went out there to issue a permit for a
well. In correspondence from the North Central District Health Department it states that the well was approved for agricultural purposes only and could not be tied into the barn or trailer.
Mr. Venable questioned why she was granted electrical permits if there was no CO. Mr. Paleski noted that the only electrical permit was for the service change which stated that it was for a single-family dwelling. Ms. Stankiewicz said the electrical and water were coming from the house and then the house was sold and the electrical had to be rerouted. Mr. Paleski explained that when the trailer was put there they should have had a permit along with a plot plan. There should be something on record to indicate that this was allowed.
Mr. Ceppetelli opened up the hearing to the public.
Emery Berube, of 181 Windsorville Road, said that he was there when they came to dig the well, and Ms. Stankiewicz told them that it was to be used for domestic purposes. He questioned why they would dig a well that deep for irrigation purposes. Mr. Ceppetelli said that what she worked out with the well digger has no bearing on what was actually granted and what we have on record.
Judy Venable, of 184 Windsorville Road, questioned that why after she has been living there for so long, is it now not appropriate for her to be there. Ms. Rudek again brought up the fact that a letter had been sent to her in 2001 and the former Zoning Enforcement Official was out there in 2000. Mr. Ceppetelli said that she has been living there illegally, according to the Zoning Regulations.
Mr. Venable asked what can be done to solve this. Mr. Rudek said that they cannot issue a CO for this trailer. The regulations do now allow this. She said they would be willing to work with her while she made alternate plans.
MOTION: To close the hearing on ZBA #2006-01. Nelson / Arcari / Unanimous
Discussion and Vote:
Mr. Nelson said we are not attorneys. He said their charge is to determine whether the Zoning Enforcement Official made a mistake on her ruling with the information that she had to issue a cease and desist. He said he would like to see something worked out. Mr. Arcari said they have to follow the regulations. Mr. Paleski said he would like to see some form of reconciliation between the applicant and the Planning and Zoning to be able to come to an agreement. He said again they are just asked to decide whether the ZEO was correct. Mr. Leone felt that the ZEO’s position is justified, however it is unfortunate that the applicant is in this position. He said the ZEO’s point of view is defined by the regulations; she was only doing her
job and did it correctly. Mr. Ceppetelli said their task is to determine whether the Zoning Enforcement Official is correct in her decision. Everyone in town has to live by the regulations.
MOTION: To approve ZBA #2001-01. Nelson / Arcari
In Favor: None
Opposed: Unanimous
NEW HEARING:
ZBA #2006-02 Application of KGS Realty, Inc. for property located at 24 Newberry Road, for a variance of Section 9.2.1 Buffer Zone to allow a 20’ buffer zone between an industrial zone and a residential zone where 100’ is required. [M-1 zone; Map 14, Block 18, Lot 6]
Tim Coon of J. R. Russo & Associates came forward along with Sam Karaginas, representing KGS Realty. Mr. Coon referred to plans and pointed out that this property is located on the south side of Newberry Road, to the west of Thompson Road. He said this property is currently zoned M-1 as well as the property to the south. The area to the west is zoned SDD (multi-family) where the Greenwoods condominiums are located. Other lots adjacent to Newberry Road are zoned B-2 and the property across the street is zoned B-2. Mr. Coon noted that this property is currently occupied by a single building that is 16,900 sq. ft, with access off Newberry Road. Ceco Door Products is the current
tenant. The rear of the parcel has a lot of wetlands. The plan is to add on to the existing building with additional parking and paved areas. They are also proposing a 27,200 sq. ft. building. Mr. Coon explained that in order to do the proposed expansion of the site they are requesting a variance to allow a 20 foot buffer where a 100 foot buffer is required. He noted that the 100 foot buffer is only required along the SDD area. He pointed out that the Green Woods site was originally zoned B-2, and a zone change was obtained in 1982. Mr. Coon referred to a zoning map and pointed out that this is the only residential zoned property in the area. It was noted that there is no buffer required between a B-2 and M-1 property. The area where the 100-foot buffer applies is adjacent to a recreational parking area. The nearest condominium to the property line is over 400 feet away.
Mr. Ceppetelli opened up the hearing to the public.
Richard Schweitzer, of 28 Newberry Road, was concerned that they would be putting a road near his property. Mr. Coon said there are no plans for a road.
Mr. Ceppetelli referred to a letter (which was read by Cliff Nelson) from Sue Agan, 222 Adams Hill Way, which suggested that they consider a 50-foot buffer. It also suggested planting evergreens along the boundary between the two properties.
Mr. Nelson asked the applicant if they could do more than 20 feet. Mr. Karaginas said they need room to allow the trucks to go in and make a turn. Mr. Coon said they can provide additional evergreen plantings. Mr. Paleski suggested that the evergreens go to the front of the building. Mr. Ceppetelli asked who would be occupying the new building. Mr. Karaginas said he didn’t have a tenant yet.
MOTION: To close the hearing on ZBA #2006-02. Nelson / Arcari / Unanimous
Discussion and Vote:
Mr. Nelson said the condos are so far away. He saw no problem as along as they do some planting of evergreens. Mr. Arcari said it is only 60 feet of building that will be exposed at the condo area. The B-2 doesn’t need a buffer. He said the condos are over 400 feet away. There is a wetlands that separates them. Mr. Ceppetelli brought up the issue of hardship. He said the building doesn’t have a client; it is a speculative thing. Mr. Paleski said they have only 60 feet of building showing. He said he would like to see a row of evergreens starting from the front of the building all the way back to the disturbance line. Mr. Leone said that outside
of the one letter, there is very little opposition from the homeowners. He said the town will receive the benefit of the tax dollars and future employment. He felt it would have a minimal impact on the abutting property owners. Mr. Ceppetelli said we don’t know what the proposed use will be of that building. He said if they deny this application, the applicant can still go forward with the addition and then come back with the new structure when he finds a client
MOTION: To approve ZBA #2006-02 with the stipulation that 4 foot evergreens are planted on the west side of the property, from the front of the building to the edge of the parking area.
Nelson / Arcari
In favor: Nelson, Arcari, Paleski, Leone
Opposed: Ceppetelli
OTHER BUSINESS:
Mr. Ceppetelli referred to a memo he received from the Charter Revision Commission asking for any kind of input. It was agreed that there is nothing that has to do with the Zoning board of Appeals.
ELECTION OF OFFICERS:
MOTION: To nominate Mike Ceppetelli as Chairman and Stan Paleski as Vice Chairman.
Nelson / Arcari / Unanimous
MOTION: To nominate Cliff Nelson as Secretary. Ceppetelli / Arcari / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of February 6, 2006. Nelson / Arcari / Unanimous
ADJOURNMENT:
MOTION: To adjourn. Nelson / Arcari / Unanimous
The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Marlene Bauer, Recording Secretary
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