TOWN OF EAST WINDSOR – ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
OCTOBER 2, 2006
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, October 2, 2006 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Stan Paleski, Cliff Nelson and Mary Buckley; 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 Acting Chairman Stan Paleski. 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 #2006-13 – 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]
Jay Ussery of J. R. Russo & Associates represented the applicant. He referred to an aerial map of the property and reiterated from the previous meeting that this is the site of the former mushroom factory. He explained that there are two means of access to the property, one from Newberry Road and the other from Craftsman Road which is not a town road at that portion. He said the owner of the property wants to develop this property into 6 industrial lots fronting on a portion of Craftsman Road which they hope to become a town roadway. Mr. Ussery noted that in order to do this they need a front setback variance. The existing building corner is in close proximity to the front property line. When the building was built in the 1970’s, he felt
the driveway was built with the intent that it would eventually become a town road. In creating a right-of-way through there to create the frontage they need, the building corner ends up being about 33.8 feet off of what would become a town road. They are asking for a variance to allow them up to 30 feet.
Mr. Ussery said at the last meeting there was a question about the safety with regard to the building being that close to the road. At that time the board suggested getting an opinion from Len Norton, the Town Engineer/Public Works Director. Mr. Ussery made reference to a memo from Mr. Norton, dated 9-25-06, in which he recommends: 1) that the speed limit in this area be posted at 15-20 MPH; 2) guide rails on the outside curve; 3) a “Sharp Curve” sign; and 4) that the applicant try to negotiate with the westerly abutter to acquire a small triangle of property adjacent to the inside, or westerly edge, of the curve.
Mr. Ussery noted that the driveway has been there for 30 years or more. He said there has been a lot of traffic through there and he wasn’t aware of any accidents. With regard to the speed limit, installing guide rails, and the signage, he felt that the applicant wouldn’t have a problem with that. He pointed out that there are substantial wetlands on this property and trying to create new roadways within this property would be difficult. If they were to try to purchase the adjacent piece it could create a situation that would be harmful to the adjacent property owner with regard to what development he may be able to do on that corner. Mr. Ussery said they had a legitimate hardship in that they have considerable wetlands on the property which
pretty much block their other access from Newberry Road. He pointed out that there are currently other utilities in the existing roadway. They have sanitary sewer, water and gas. From a design standpoint, they would like to keep those within what would become the town right-of-way.
Mr. Paleski opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2006-13. Nelson / Gudzunas / Unanimous
Discussion and vote:
Mr. Nelson felt that they have proven their hardship. He felt that the adjacent property owner wouldn’t want to give up a corner of his land because of all the wetlands. The road is existing already and meets the town’s requirements. It will be a big improvement. He said he would recommend granting this variance with the stipulation that they have 15 to 20 mile per hour posted speed limit, that metal guard rails be put in place on the outside curve per DOT specs and a sharp curve sign be installed as approved by the town’s traffic authority. Mr. Gudzunas said he would agree that this has been there for years and he didn’t see a speeding problem. He suggested putting reflectors on the beam. Mr. Paleski said it is an existing
building. He said if they took a piece from the property across the street then they would be forcing undue hardship on that person. He didn’t have a problem with it and agreed with putting a guard rail and sharp curve sign and the recommended speed limit. Ms. Buckley agreed with the other board members. She asked about the lighting there. She suggested some type of lighting to light up the curve. Ms. Rudek noted that these issues will be addressed by the Planning and Zoning Commission when they come for site plan approval. Mr. Leone felt that this is a win/win situation for the town. They will be upgrading the road at their expense to make it a town road. Also, by building this road and the lots becoming available for development the town will get more tax revenue.
MOTION: To approve ZBA #2006-13 with the conditions that the speed limit sign be posted at 15 to 20 miles per hour, a sharp curve sign be posted per the town’s traffic authority and that DOT approved outside curve guard rails with reflectors be installed.
Nelson / Leone / Unanimous
NEW HEARINGS:
ZBA #2006-14 – Application of Homes by Guarino, for property located at 131 Tromley Road, for a variance of Section 18 Residential Bulk and Area Requirements to allow a variance of frontage and front yard setback for a proposed lot in the (A-1 zone)
Paul Guarino and his son, Paul Guarino, Jr. came forward. Mr. Guarino referred to plans of the property and explained that they do not want to impose on the wetlands. They are looking for a reduction in the frontage to allow 69.07 feet of frontage and a front setback of 40 feet. They meet the side and rear setback requirements. They are asking for an additional 10 feet of front setback to give them another 10 feet in the rear due to the wetlands. They don’t want to cross the wetlands. Ms. Rudek noted that it was recommended
by the town staff to have the biggest back yard possible because of the wetlands.
Mr. Paleski opened up the hearing to the public.
Patricia Ryan, who owns property at 133 Tromley Road, said that she was there twice recently and didn’t see a public hearing sign on the property. Mr. Guarino, Jr. said that the sign was there, on the front tree. It was noted that all of the abutting property owners had been notified of this application.
Mary Hayes, of 130 Tromley Road, said she lives directly across the street from this property. She said she is totally against any variance. There is no hardship. She said they have brought on their own hardship. Ms. Hayes said when they subdivided their property they had to comply with the regulations
Marie DeSousa, of 10 Rice Road, said that Patricia Ryan is her sister. Her sister has Lou Gehrig’s disease and is living in the house. She said when Mr. Guarino bought the property his original proposal was to build 3 houses. She said he did go to Wetlands and was denied being able to build the third house. She expressed concern about the wetlands being disrupted and getting into her sister’s house. She said it could cause mold and make her disease even more fatal.
Mr. Guarino said they never got denied by Wetlands. They withdrew. He said they proposed this as a lot but didn’t propose to build on it. It was always split up that way.
Richard Hayes, of 130 Tromley Road, said the frontage in the A-1 zone is supposed to be 175 feet. He felt that asking for 69 feet was ridiculous. He said it is not just wetlands; it is a swamp.
Mr. Nelson said he would like to table this until the next meeting to be able to check into this further.
MOTION: To table ZBA #2006-14 until the next regular meeting.
Nelson / Buckley / Unanimous
ZBA #2006-15 – Application of Marc Navaroli, for property located at 159 Tromley Road, for a
variance of Section 18 Residential Bulk and Area Requirements to allow a garage addition within the side yard setback in the (R-3 zone)
Marc Navaroli came forward. He referred to plans and explained that he is proposing to build a garage addition. The existing garage is 3 feet away from the property line. They want to extend it 15 feet back. He said they will not be going any closer to the property line than the existing structure. He wants to make it look symmetrical. Mr. Navaroli said he spoke with Mr. Allen, the neighbor on that side, and he didn’t have a problem with this.
Mr. Paleski opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2006-15. Nelson / Buckley / Unanimous
Discussion and vote:
Mr. Nelson said this house was on this land long before the current zoning regulations. He is not extending it any more than it already is. The other Board members agreed. Ms. Buckley pointed out that the neighbor is not complaining.
MOTION: To approve ZBA #2006-15. Nelson / Gudzunas / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of September 11, 2006. Leone / Buckley / Unanimous
ADJOURNMENT:
MOTION: To adjourn. Nelson / Gudzunas / Unanimous
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Marlene Bauer, Recording Secretary
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