TOWN OF EAST WINDSOR – ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
DECEMBER 3, 2007
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, December 3, 2007 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli, Tom Arcari, Cliff Nelson and Stan Paleski. Katie Bednaz, Zoning Enforcement Official, was also present
The meeting was called to order at 7:53 p.m. by Chairman Michael Ceppetelli. A quorum was established as 4 regular members were present. Mr. Nelson read the Legal Notice as it appeared in publication. Mr. Ceppetelli explained to the applicant that since only four members were present it would take a unanimous vote to approve this application. He gave the applicant the option of continuing to the next meeting. The applicant indicated that he would like to go forward at this meeting.
NEW HEARING:
ZBA #2007-08 – Application of Peter Kalnenieks, for property located at 34 Depot Street, for a variance of Section 502 (6) Permitted Uses in Business & Industrial Districts and Section 903.4 Additional Requirements For Use Variances to allow the conversion of first floor commercial space (Unit C) to a residential unit. [B-1 zone]
Mr. Kalnenicks came forward to explain his application. He indicated that he had purchased this property about 5 years ago. He referred to a plot plan of the property and pointed out that he wants to convert the first floor vacant commercial space at 34C Depot Street into a 2-bedroom apartment, containing about 900 sq. ft. He pointed out that this was Len Norton’s old office. Mr. Kalnenicks noted that this is across the street from the Knights of Columbus hall and is bordered on the other 3 sides by residential properties.
He said that one of the hardships is the nonconforming frontage. As soon as you step out of the front door you have a few steps and then meet on-coming traffic on Depot Street. He said that poses an unusual hardship, not only for the spaces in question but also for the other apartment on the second floor. He went on to say that the unique building and land configuration poses a hardship. There are actually 2 parcels of land. The building is on one and the additional parking is across Emily Road. Customers have to either cross Emily Road to enter the building or park right on Depot Street in order to park in front of the building. He felt that this poses a hardship and safety hazard. Mr. Ceppetelli asked if there is parking in the back of
the building. Mr. Kalnenicks answered that there is some parking in the back of the building but there are not enough parking spaces for 2 commercial units. Mr. Nelson asked where the people from the apartment upstairs park. Mr. Kalnenicks said they park either behind the building or in front of the building.
Mr. Nelson questioned what would make it any better with an apartment downstairs. He said children could run into the road and felt that would be more of a safety concern. Mr. Kalnenicks said as part of the building plans it involves adding a door in the back of the first floor unit. He said with multiple commercial tenants, such as the existing hair salon, there will be more traffic. He said he lived upstairs for 2 years and is familiar with the type of traffic you can get from a hair salon. Mr. Nelson asked what has changed in 5 years, what is the hardship now that didn’t exist 5 years ago. Mr. Kalnenicks said the hardship is the trend in the direction that businesses can’t survive on that street. He said although it is zoned business,
there are mostly 2-family residential structures in the neighborhood.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2007-08. Nelson / Arcari / Unanimous
Discussion and Vote:
Mr. Nelson didn’t believe that the applicant had proven a hardship other than a financial one. He also pointed out that there are new additional requirements in the regulations that prohibit use variances. Mr. Paleski said this would fall under Section 903.4. It is expanding, adding a first floor apartment where only a second floor apartment is allowed. Mr. Arcari said the applicant bought the property knowing that it is a commercial business. He said it has been there for many years and he didn’t feel it is a hardship.
MOTION: To approve ZBA #2007-08. Nelson / Arcari
In Favor: None
Opposed: Unanimous
Mr. Ceppetelli asked the board members to give their reasons for denial. Mr. Nelson said the applicant bought this 5 years ago and nothing has changed in 5 years. The zoning regulations say that they shouldn’t grant variances on this type of application. He didn’t feel there was a hardship. Mr. Arcari said no hardship was proven. It hasn’t changed in many years. The regulations say you wouldn’t put residential there for safety reasons. Mr. Paleski said that 903.4 says they shouldn’t grant use variances. It is an expansion of a nonconforming use. Mr. Ceppetelli said he felt that the reasons for denial had been adequately stated. He said while the site is somewhat challenging it has been business
for a number of years.
OTHER BUSINESS:
Election of Officers
Mr. Ceppetelli suggested that they postpone the election of officers until the full board is present.
MOTION: To table the election of officers until the next regular meeting, January 7, 2008. Nelson / Arcari / Unanimous
2008 Meeting Schedule:
MOTION: To approve the 2008 meeting schedule.
Paleski / Arcari / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of September 10, 2007.
Nelson / Paleski / Unanimous
ADJOURNMENT:
MOTION: To adjourn. Nelson / Paleski / Unanimous
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Marlene Bauer
Recording Secretary
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