TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
APRIL 6, 2009
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, April 6, 2009 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli, Tom Arcari, Mary Buckley, Cliff Nelson and Stan Paleski. Also present was Robin Newton, Zoning Enforcement Official.
The meeting was called to order at 7:32 p.m. by Chairman Michael Ceppetelli. A quorum was established as all 5 regular members were present. Mr. Nelson read the Legal Notice as it appeared in publication.
NEW HEARINGS:
ZBA #2009-04 - Application of Elzear Rodrigue, A-2-Z Self Storage, for a variance of Section 602.12.b – Prohibited Signs to allow a sign to be located at 12 South Main Street for a business located at 22 Wagner Lane, both properties are owned by TJL Investment Trust, LLC. (B-1 zone)
Elzear Rodrigue came forward to explain his application. He stated that he owns the A-2-Z Self Storage facility at 22 Wagner Lane and he also owns the property at 12 South Main Street. The two properties are contiguous. Mr. Rodrigue noted that there is an existing sign that was previously used for the driving range (which was located at 12 South Main Street) that went out of business a few years ago. He started using that sign for his storage facility.
Mr. Rodrigue said that he received a letter from Robin Newton in January stating that he was in violation. Ms. Newton explained that according to the Zoning Regulations you can’t advertise for a business that is not operated on that particular property. She said the storage facility sits back on Wagner Lane and there is no visibility from Route 5. She noted that the sign itself is conforming but not for that property.
Mr. Rodrigue said that he met with Laurie Whitten and Robin Newton to discuss this and they both suggested bringing this before the ZBA. Mr. Rodrigue said that advertising is the key; it makes the business more viable.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2009-04. Nelson / Arcari / Unanimous
Discussion and Vote:
Mr. Nelson said that the applicant has definitely proven a hardship. The sign was there for many years. He said it is good to have an administration that is looking at some of the violations around town. He said Mr. Rodrigue does own both properties. You can’t see the business from Route 5. He said especially in these economic times, anything we can do to help a business person out
without harming anyone, it is in our best interest to do so. Mr. Ceppetelli said he didn’t see a problem with the existing sign. He said they need to be cognizant of the fact that in the future someone else might want to put another sign on that property.
MOTION: To grant ZBA #2009-04. Nelson / Arcari / Unanimous
ZBA #2009-05 – 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 2 first floor commercial units into 2 residential units. [B-1 zone]
Peter Kalnenicks came forward. He referred to plans of the property and explained that he is proposing that the two commercial units on the first floor be converted to two separate 2-bedroom residential apartments. He noted that there is an existing 3-bedroom apartment on the second floor. Mr. Kalnenieks referred to Section 903.4 of the Regulations which talks about the need to demonstrate that there is no reasonable use of the property. He said that there was no reasonable use for commercial activity on this property.
Mr. Kalnenieks noted that entrances for the proposed apartments will be added to the rear of the building. Parking will be provided in the rear of the building. There will be 6 spaces to serve the 3 units. He said that parking in front had been used for the commercial activity. That will be eliminated. Access in the front will be for emergency egress only. Mr. Kalnenieks presented a petition that shows support of the proposed changes by the neighbors on 3 of the 4 sides of the property, which are currently 2-family structures. The fourth side is the Knights of Columbus hall.
Mr. Kalnenieks said that the lot non-conformances provide a hardship for commercial tenants to provide safe accessibility to customers. He felt that the parking and loading facilities are inadequate and provide risk to local commuters. Trucks loading supplies create blockages of Depot Street and Emily Road. He said this hardship is severe and unique to the building. He pointed out that when the petition was signed, several people on Emily Road were pleased because of the safety hazard of customers parking in areas that are not safe. He said this will reduce the traffic and felt that access in the rear is reasonable for residential use but not for commercial use.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2009-05. Nelson / Paleski / Unanimous
Discussion and Vote:
Mr. Ceppetelli said the Town of East Windsor has more rental properties than most of the adjoining towns. He questioned whether we want to continue the trend. He said he knew that
these are tough economic times but was concerned about taking this property off the commercial list. Mr. Nelson said he thought this was a great idea, especially in these times. He said he thought this was either a single-family or two-family house at one time. He felt that getting rid of the commercial property made more sense and this was a better fit for the neighborhood. Mr. Paleski agreed. The applicant is providing an entrance off the rear of the property and that gets it off Depot Street. Mr. Arcari said it fits the neighborhood.
MOTION: To approve ZBA #2009-05. Nelson / Arcari
In Favor: Nelson; Arcari; Buckley; Paleski
Abstain: Ceppetelli
OTHER BUSINESS:
Vote on Appeal Period Time Frame:
Ms. Newton explained that she has been going to CAZEO classes and it came up that the Planning and Zoning Commission does not have the authority to set the time frame for filing an appeal on an order or decision of the Zoning Enforcement Official. She said the ZBA has to vote on it to make it a legal time frame. She pointed out that currently the regulations say that an appeal shall be filed within 15 days. She said the state statutes say 30 days. After a brief discussion, the Board members agreed that they would go with 30 days. It was also decided that Ms. Newton will draft a motion for the next meeting.
APPROVAL OF MINUTES:
Mr. Ceppetelli pointed out some changes to be made to the January 5, 2009 minutes: On page 1, the 6th paragraph, last sentence (typo error), change from “he felt that is” to “he felt that it”; page 4, the first line, change to say “it was suggested that they come before the ZBA.”; and page 4, under Discussion and Vote, the second line should say “He didn’t agree that the property values would go down…”
MOTION: To approve the minutes of January 5, 2009 as amended.
Nelson / Buckley
In Favor: Nelson; Buckley; Ceppetelli
Abstain: Arcari; Paleski
ADJOURNMENT:
MOTION: To adjourn. Nelson / Paleski / Unanimous
The meeting was adjourned at 8: 16 p.m.
Respectfully submitted,
Marlene Bauer
Recording Secretary
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