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September 11, 2006 Minutes
TOWN OF EAST WINDSOR – ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
SEPTEMBER 11, 2006


The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, September 11, 2006 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut.  The following members were present: Regular Members Michael Ceppetelli, Mary Buckley and Stan Paleski; and Alternate Members Tom Gudzunas and Dan Leone.   Nancy Rudek, Zoning Enforcement Official, was also present.

The meeting was called to order at 7:30 p.m. by Chairman Michael Ceppetelli.  Mr. Paleski read the Legal Notice as it appeared in publication.  A quorum was established as three regular members and two alternates were present.  


NEW HEARINGS:
 
ZBA #2006-12Application of Michael DeLuca, MJD Home Improvements, LLC, for property located at 30 Elaine Drive, for a variance of Section 18 Residential Bulk and Area Requirements (front & side setbacks) to allow the rebuilding of a house on the existing foundation, to be located 26.5’ from the front property line, with the proposed garage to be located 27’ from the front property line, where 35’ is the minimum required, and 11’ from the side property line, where 12.5’ is the minimum required.  [R-1 zone]

Michael and Charles DeLuca came forward.  Charles DeLuca referred to plans of the property and explained that a fire occurred at this site and the house had been condemned.  He noted that there was a garage at the rear of the property that was condemned because of the fire.  The house and garage have been taken down.  Mr. DeLuca said that in order to stay within the existing requirements they are proposing to build a two-level house with a garage adjacent to the house rather than at the back of the property.  There was a driveway that went to the old garage, and they plan to remove that.  They plan to use the space over the garage as additional living space.  Michael DeLuca explained that they need the variance at the back corner of the garage.  He noted that the property adjacent to where they want to build the garage is vacant land.   It was noted that the previous house was nonconforming and predated current zoning.  

Mr. Ceppetelli opened up the hearing to the public.  No one came forward.  

MOTION: To close the hearing on ZBA #2006-12.           Paleski / Buckley / Unanimous

Discussion and Vote:

Mr. Ceppetelli said that it was a nonconforming structure prior to the fire.  There are no adjacent structures on the side of the property where they are seeking the variance.  Ms. Buckley had no problem with it.  She pointed out that no one showed up to contest it.  

MOTION: To grant ZBA #2006-12.                  Paleski / Arcari / Unanimous


ZBA #2006-13 – Application of East Windsor Limited Partnership, for property located at 96 Newberry Road, for a variance of Section 18 Commercial & Industrial Bulk and Area Requirements (front setback) to allow the construction of a proposed town roadway connecting Newberry Road and Craftsman Road, resulting in a front setback for the existing building of 30’ where 60’ is the minimum required.  [M-1 zone]

Tim Coon of J. R. Russo & Associates came forward to explain this application.  He referred to an aerial view of the property and pointed out that the property, which is known as the mushroom factory, is located on the south side of Newberry Road at the end of Craftsman Road.  It consists of approximately 81.4 acres.  Mr. Coon indicated that when Craftsman Road was constructed it was terminated at the property line and what currently exists is a paved road which then comes to a 50 foot strip which was reserved as a right-of-way.  The plan is to convert this road into a town road in order to allow the development of the parcel.  In order to do that they need a variance.  The existing building does not conform to the required front setback for a town road.   

Mr. Coon explained that the hardship is that a town road is required for a reasonable development of this parcel.  The through street is required not only for public safety but also will reduce the impact to wetlands.   He pointed out that the frontage of the property along Newberry Road is very wet and to develop this property would require significant wetland crossings.  

Mr. Coon said they discussed the potential for cul-de-sacs but based on the lengths of the cul-de-sacs, that is not a favorable option for public safety.  Mr. Arcari expressed concern about someone coming around the corner and crashing into the building.  He suggested making it a 90-degree angle or putting in a stop sign.  Mr. Ceppetelli said they need some type of guardrail to protect the building.  Mr. Coon said that with a 90-degree turn it could be a problem for tractor trailors.  Mr. Paleski asked if they are planning to develop the entire parcel.  Mr. Coon responded that they are planning 5 industrial lots.  Mr. Arcari asked about having the Public Works Director come to the next meeting.  He felt that it would be good to get his input.  Ms. Rudek pointed out that he will be reviewing this when it comes to the Planning and Zoning Commission for site plan approval.   Mr. Ceppetelli felt that there will be increased traffic for the Craftsman Road area from people cutting through to get to Route 5.

Mr. Ceppetelli opened up the hearing to the public.

Roland Cote, Jr., of 119 Chamberlain Road, pointed out on the plans where he owns property on Newberry Road.  He said they have owned the property for 12 years.  He said he was in favor of this application.  This is the place for industrial development.  He said he understood why this was a private road but the need for that is long gone.

Keith Urbon, of 32 Somers Road, Enfield, pointed out the property owned by his wife (Natalie Smith) on Newberry Road. He said their property has been land-locked for a long time.  He questioned whether they would also be allowed access to their property.  Mr. Coon pointed out that his property would now have frontage on the town road if this was developed.   Mr. Urbon said that was his only concern.

Mr. Ceppetelli felt that it was a good idea to have Len Norton comment on increased traffic flow on Craftsman Road as well as what can be done about the corner and the building location.

MOTION: To table ZBA #2006-13 until the next scheduled meeting. 
Paleski / Arcari / Unanimous


APPROVAL OF MINUTES:

MOTION: To approve the minutes of August 7, 2006.               
                                                        Paleski / Buckley / Unanimous
  

ADJOURNMENT:

MOTION: To adjourn.                                     Paleski / Arcari / Unanimous    

                        
The meeting was adjourned at 8:00 p.m.


Respectfully submitted,



Marlene Bauer, Recording Secretary