TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
JUNE 1, 2009
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, June 1, 2009 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli and Tom Arcari and Alternate Members Tom Gudzunas and Dan Noble. Regular Member Mary Buckley arrived at 7:45 p.m. Also present was Robin Newton, Zoning Enforcement Official.
The meeting was called to order at 7:35 p.m. by Chairman Michael Ceppetelli. A quorum was established as 2 regular members and 2 alternate members were present. Mr. Ceppetelli explained that with 4 members, it would require a unanimous vote to grant a variance. It was noted that Ms. Buckley was on her way and would be arriving in about 10 minutes. Mr. Ceppetelli read the Legal Notice as it appeared in publication
Mr. Ceppetelli asked the first applicant (the continued hearing) if he would like to wait for the fifth member to arrive. The applicant agreed to wait.
MOTION: To take the new hearings out of order. Arcari / Noble / Unanomous
NEW HEARINGS:
ZBA #2009-09 - Application of Leontine Tougas for property located at 268 South Main 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 a first floor commercial unit into a residential unit. [B-2 zone]
No one was present to represent the applicant. Mr. Ceppetelli suggested that they could either open the hearing and continue it to the next scheduled meeting or deny it without prejudice which would mean that the applicant could re-file their application.
MOTION: To continue ZBA #2009-09 to the next regular meeting (June 1, 2009).
Arcari / Gudzunas / Unanimous
ZBA #2009-10 – Application of ACI Auto Group, LLC for property located at 187 South Main Street, owned by LCC Partnership, for Location Approval under Sec. 14-54 and 14-55 of the CGS for a used car dealer license. [B-2 & A-1 zones]
Jay Ussery, of J. R. Russo & Associates, came forward along with Peter Alberici, the applicant. Mr. Ussery explained that this application is for site approval for a used car dealership located at the corner of Route 5 and Stoughton Road, in front of the Railroad Salvage building. He said it was purchased by LCC Partnership, which is a subsidiary of Southern Auto. This building has been vacant for about 2 years. Mr. Ussery noted that they received site plan approval from the Planning and Zoning Commission to renovate the building and add some parking for a used car dealership. He said there had been some confusion as to who had the authority since the State has changed the requirements a few times. They found that they have to come before the ZBA.
Mr. Ussery indicated that the renovations have been completed. He said the applicant’s business is currently on Thompson Road and he would like to move to this location. Mr. Ceppetelli brought up the fact that this is surrounded on each side by car dealers. Mr. Noble noted that they made significant improvements to the building.
At this time, Mr. Ceppetelli opened up the hearing to the public.
Eleanor Deskis, of 10 Daniel Drive (Stoughton Ridge Condominiums), referred to a letter dated June 1, 2009 which she read to the Board members. It stated, in part, “Stoughton Road already has a volume of traffic due to the 7/11 store and Citgo service station on one corner, which happens to be directly across from the property at 187 South Main, and Southern Auto Auction whose vehicles cross over Stoughton Road from one property to the opposite property.” and “Trucks park on Stoughton Road to go into the 7/11 store for coffee.” “It is almost impossible to see around these vehicles for approaching vehicles. Plus, impossible to see if any vehicles are departing from the 7/11 Store onto Stoughton Road and/or vehicles turning from Route 5 onto Stoughton Road with an
immediate turn into the 7/11 store.” In conclusion, Ms. Deskis said that in her opinion this is the worst possible location on Route 5 to put such an endeavor. A copy of this letter was presented for the record.
John Crispino, of 9 Eileen Drive (Stoughton Ridge), said that it is hazardous enough just waiting for the light to change without trucks coming in and out of the gas station. He said now if they approve this application it is making it even worse.
At this time, Mary Buckley arrived at the meeting.
Dale Nelson, of 5l Omelia Road, stated that this town is in dire need of new businesses. She said the town needs people who are willing to contribute to the tax base. She felt that this property is well suited to this type of endeavor. She pointed out that if there is a concern regarding the safety and well-being of the town, it would be best to go to the Police Commission.
Mr. Ceppetelli asked the applicant if there is any location on his property where trucks could park. Mr. Alberici replied that there is no need for trucks and there wouldn’t be any car carriers. Mr. Ussery pointed out on the site plan that there is space in the back in the event that trucks needed to get in and there is enough room. He said this site could accommodate trucks but it is something that they have no need for. Mr. Ceppetelli asked how many people per day would be coming to this site. Mr. Alberici said maybe 8 to 10 customers. Mr. Ussery noted that there are 34 display spaces, a few customer spaces and a few employee spaces.
A person in the audience asked if a traffic study was done. Mr. Ussery said that a traffic study has been done. He said this property is part of the Southern Auto corporate umbrella and it has a State
Traffic Commission certificate. Mr. Ceppetelli noted that there have been businesses there before with a similar amount of traffic flow.
MOTION: To close the hearing on ZBA #2009-10.
Arcari / Noble / Unanimous
Discussion and Vote:
Mr. Gudzunas said he is all for this. There are car dealers in the area. Mr. Noble agreed. He said that is a good place for a car dealership. He said the appearance of Route 5 has improved with the renovation of the building.
MOTION: To approve ZBA #2009-10. Arcari / Gudzunas / Unanimous
MOTION: To go back in order to take ZBA #2009-08.
Arcari / Gudzunas / Unanimous
CONTINUED HEARING:
ZBA #2009-08 - Application of Charles Hart for property located at 264-266 North Road, owned by Revays Properties, LLC, for a variance of Section 404 Permitted Accessory Uses – Residential Districts, to allow the retail sale of propane as an accessory to an existing greenhouse/garden center facility. [A-1 zone]
Present for this application were Jay Ussery, of J. R. Russo & Associates, along with Francis Revay and Charles Hart of Revay’s Gardens. Mr. Ussery explained that the zoning regulations do not say anything about the retail sale of propane as an accessory use. They would like to do that in the garden center. Mr. Ussery referred to revised plans of the property and pointed out that they moved the tank over towards the northerly property line, to the north and east of the parking. It will be out of the way of the parking lot and it is away from the manhole that houses the sewer pump station. Mr. Ussery indicated that Blaine Simpkins, the Fire Marshal, felt that this was the best location for the tank. Mr. Arcari said he was happy with the new location.
Francis Revay stated that they are the only garden center in the area that does not have propane. He said it was a reasonable request. He said the Mobil station down the road used to sell propane but they closed down.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
Mr. Noble said it looks like a fine location. He said if the Fire Marshal was OK with it, he was also OK with it. Mr. Gudzunas said this goes hand in hand with everything they are doing there.
MOTION: To close the hearing on ZBA #2009-08. Arcari / Gudzunas / Unanimous
MOTION: To approve ZBA #2009-08. Arcari / Gudzunas / Unanimous
NEW HEARING:
ZBA #2009-11 - Application of Dianne Francis, for property located at 9 Mill Street, for a variance of Section 401 Bulk & Area Requirements – Residential Districts (lot coverage and rear setback), to allow a 17’ x 20’ attached garage which will exceed the maximum 15% lot coverage and will be located within the required rear setback. [B-2 zone]
Dianne Francis came forward to explain her application. She referred to plans and pointed out that she wants to put on a one-car garage connected to the house, with a room over the garage. There will be a breezeway connecting the garage to the house. The garage would be located 8 feet from the rear property line. She said this is a legal nonconforming lot. Mr. Ceppetelli said there are probably a number of houses in the area that are similar. Ms. Newton pointed out that the rear setback for a detached garage is only 10 feet, and for an attached garage it is 30 feet.
Mr. Ceppetelli opened up the hearing to the public. No one came forward.
MOTION: To close the hearing on ZBA #2009-11.
Arcari / Noble / Unanimous
Discussion and Vote:
Mr. Ceppetelli recommended that they put on a condition that no part of the structure be located closer than the 8-foot setback. Mr. Noble said he was comfortable with that. Mr. Gudzunas said they are limited as to what they can do. He pointed out that there weren’t any complaints from the neighbors.
MOTION: To approve ZBA #2009-11 with the condition that no part of the structure is closer than the 8-foot rear setback. Arcari / Gudzunas / Unanimous
APPROVAL OF MINUTES:
Mr. Ceppetelli noted 2 corrections to be made on page 1: The sixth paragraph, second line, put a space between garage and 12’; and the seventh paragraph, second line, should read: “Ms. Clavette referred the Board to the GIS aerial print out that she presented.”
MOTION: To approve the minutes of May 4, 2009 as corrected.
Arcari / Gudzunas / Unanimous
ADJOURNMENT:
MOTION: To adjourn. Arcari / Gudzunas / Unanimous
The meeting was adjourned at 8: 20 p.m.
Respectfully submitted,
Marlene Bauer
Recording Secretary
| 
