TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
AUGUST 3, 2009
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, August 3, 2009 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli, Mary Buckley, Cliff Nelson and Stan Paleski and Alternate Member Tom Gudzunas. Also present was Robin Newton, Zoning Enforcement Official.
The meeting was called to order at 7:31 p.m. by Chairman Michael Ceppetelli. A quorum was established as four regular members and one alternate were present.
NEW HEARINGS:
ZBA #2009-12 - Application of Charles Hart for property located at 264-266 North Road, owned by Revays Properties LLC, for an amendment to a variance granted on 6/1/09 (ZBA #2009-08) to change the location of the propane filling station. [A-1 zone]
Charles Hart and Francis Revay came forward. Mr. Hart explained that they are trying to get a site change for the propane filling station. He said when they first came before the Board there were problems with the location because it was too close to the manhole that houses the sewer pumping station. They changed the location and were approved at the next meeting. Mr. Hart said they looked into some companies to supply the propane and they thought it was too out of sight, too far away. They went back to the Town Planner to try to get a more feasible location. They also talked to the Fire Marshal and had Skip’s Septic Services come out to the site. There is a gasket that can be put on top to seal it off. Mr. Hart said the Fire Marshal looked into this and said that
would be fine with the gasket. Mr. Hart noted that it would be 50 feet away.
The Board members reviewed the most recent plans showing the new location and compared them to the previous plans. Mr. Hart said the Town Planner didn’t want them to lose any parking spaces. He said they are not losing any spaces; they are actually gaining one space. Mr. Hart said the Town Planner thought it would be fine but felt they should come back to the Board. He said it is similar to the first location, probably within 20 feet.
Mr. Ceppetelli read a letter from Blaine Simpkins, Fire Marshal, received 7/30/09, which states that he approves the new location of the tank.
Mr. Ceppetelli questioned why they had an approved location and all of a sudden another set of plans appeared in the Planning Office. Mr. Hart said when he talked with Jay at J.R. Russo, he felt that they got the variance for the use and not the location and was surprised when he found out that they had to go back to another meeting. Mr. Hart said the main issue was the manhole and he felt that they rushed it; they didn’t look into to how to seal the manhole.
Mr. Paleski questioned the distance from the propane tank to the greenhouse and if this location would meet building codes. Ms. Newton measured the distances on the plans with a scale. She said it is about 25 feet from the manhole. Mr. Hart said when they measured, it was 50 feet. Mr. Ceppetelli pointed out that they are professional engineers and should be accurate. Mr. Hart said they can go back and check on it.
Mr. Nelson expressed concern that a lot of senior citizens that shop at Revay’s could jump the curb and felt that a few 6 inch bollards are not going to prevent them from going into this location. It is right next to the parking.
Mr. Hart suggested that they come back to the next meeting with their engineer with answers to the questions.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
Mr. Ceppetelli said he was concerned about the location on the plans, 50 feet versus 25 feet. He questioned, can they be 50 feet from the manhole and 20 feet from the building? Some discussion was held as to whether to close the hearing or continue it. Mr. Hart felt there was a discrepancy; they need verification on the distances.
MOTION: To continue ZBA #2009-12 until the next meeting in order to resolve some drawing issues. Nelson / Buckley / Unanimous
ZBA #2009-13 – Application of Carl Johnson, for property located at 349 Scantic Road, for a variance of Section 401 Bulk & Area Requirements – Residential Districts (front setback) to allow a front porch to be located within the front setback [R-1 zone]
Carl Johnson came forward along with his cousin, Earl Davis. Mr. Johnson referred to plans and explained that he is looking to add an 8’ x 23’ front porch. It would be 7 feet over the front setback. Mr. Ceppetelli pointed out that the existing steps are 4 feet out already. He noted that the house is conforming. Mr. Nelson asked the applicant if he was the original owner. Mr. Johnson said the house was built in 1989 and he purchased it in 1993. Mr. Davis pointed out that the house is one foot from the front setback. Mr. Nelson said he went to the site and he felt that the applicant does have a hardship. He said he didn’t know why they didn’t build the house further back. He said there are a lot of older houses in the area that are closer to the
road.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2009-13.
Nelson / Gudzunas / Unanimous
Discussion and Vote:
Mr. Ceppetelli said the house should have been built back further. Mr. Nelson said if the applicant was the original owner he might think a different way but he is not the original owner. A lot of the houses in the area are a lot closer. Mr. Ceppetelli said this could add value to the house and improve the neighborhood. Mr. Paleski agreed with Mr. Nelson.
MOTION: To approve ZBA #2009-13. Nelson / Paleski / Unanimous
APPROVAL OF MINUTES:
Mr. Ceppetelli pointed out one typographical error on page 1, line 24, it should say: “..no one was present…”
MOTION: To approve the minutes of July 6, 2009 with one correction.
In Favor: Nelson, Buckley, Ceppetelli, Gudzunas
Abstain: Paleski
ADJOURNMENT:
MOTION: To adjourn. Paleski / Nelson / Unanimous
The meeting was adjourned at 8: 20 p.m.
Respectfully submitted,
Marlene Bauer
Recording Secretary
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