TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
DECEMBER 7, 2009
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, December 7, 2009 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Tom Arcari, Christopher Davis and James Strempfer and Alternate Members José Giner and Tom Gudzunas. Also present was Robin Newton, Zoning Enforcement Official.
The meeting was called to order at 7:31 p.m. by Acting Chairman Tom Arcari. Mr. Giner read the legal notice as it appeared in publication. A quorum was established as three regular members and two alternates were present.
ELECTION OF OFFICERS:
Election of officers was tabled due to the fact that only three regular members were present. (The ZBA Rules of Procedure state that only regular members may vote for officers).
NEW HEARINGS:
ZBA #2009-18 - Application of Martha O’Donnell, Edward Benicak and Mary O’Donnell for property located at 13-15 Mill Street, for a variance of Section 401 Bulk & Area Requirements – Residential Districts, to allow the subdivision of a parcel having 2 primary residential structures into 2 lots, with less than the required frontage, lot width and side yard for 13 Mill Street and less than the required frontage and side yard for 15 Mill Street, owned by Martha O’Donnell and Edward Benicak. [B-2 zone]
Jay Ussery of J. R. Russo & Associates came forward along with the applicants, Mary O’Donnell and Edward Benicak. Mr. Ussery referred to plans and explained that this is a fairly good size parcel that has 2 residential homes located on this one piece of property. They would like to create two separate lots by creating a lot line between the two houses.
Mr. Ussery indicated that this property is in a B-2 zone but because of the residential use, they need to go by the R-2 regulations for setbacks, etc. He noted that the frontage requirement is 150 feet. They are proposing a frontage of 122.14 feet for 13 Mill Street and 133.62 feet for 15 Mill Street. The minimum requirement for lot width is 125 feet. The proposed width for 13 Mill Street is 120.5 feet. 15 Mill Street does meet the required lot width. The side yard requirement is 15 feet and they would need variances to allow 11 foot side yards for both lots.
Mr. Ussery said the hardship is that the houses were built in the 1920’s and predate all zoning in East Windsor. They would now have two separate structures on two separate lots. Mr. Giner asked if both houses were duplexes. Mr. Ussery responded that they were.
Mr. Arcari opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2009-18. Gudzunas / Giner / Unanimous
Discussion and Vote:
Mr. Gudzunas said that it is a smart thing that they are doing. The houses have been there forever; it is nonconforming. Mr. Giner said it preexists zoning and it is a legitimate hardship. He said in some ways it makes it more conforming, having two separate properties. Mr. Davis felt that it was a smart move since it existed since the 1920’s.
MOTION: To approve ZBA #2009-18 subject to conformance with the plans submitted with the variance request. Giner / Gudzunas / Unanimous
ZBA #2009-19 – Application of USA Hauling & Recycling, Inc., for property located at 3 Shoham Road, for Location Approval under Sec. 14-54 and 14-55 of the CGS for a used car dealer license. The property is owned by 3 Shoham Road, LLC. [M-1 zone]
Jay Ussery of J. R. Russo & Associates represented the applicant, Gerry Antonacci, who was also present. Mr. Ussery explained that they are seeking approval to apply to the DMV for a used car dealer’s license. He noted that 3 Shoham Road is the building directly behind Olenders’s Body Shop They purchased the building about 6 months ago. They will be doing some site improvements such as paving and drainage. Mr. Ussery said USA Hauling has a number of trucks in their fleet and they sometimes have trucks that they need to sell.
Mr. Ussery pointed out on the plans that they will have 5 parking spaces for display in the front. The access around the building will be paved. There is also a display area in the back with room for about 27 more trucks. The building is set up with a service area. There is some showroom space and an office area. He indicated that this is in an industrial zone and this is an allowable use. Mr. Giner asked if the entire site will be the limit of the license. Mr. Ussery said they want to license the entire property. The business has the ability to grow. He noted that they have a site plan pending with the Planning & Zoning Commission.
Mr. Arcari opened the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2009-19. Gudzunas / Giner / Unanimous
Discussion and Vote:
Mr. Gudzunas said this is a perfect place for the use. Mr. Davis said it is important to encourage business growth in town. He said it is good to see the motor vehicle industry continue. Mr. Giner said the uses on that street are compatible.
MOTION: To approve ZBA #2009-19. Giner / Gudzunas / Unanimous
ZBA #2009-20 – Application of Emil Demikat, for property located at 93 Rockville Road, for a variance of Section 401 Bulk & Area Requirements – Residential Districts, to allow the subdivision of a parcel into 2 lots with one of the lots having less than the required frontage. The property is owned by Emil, Carl L. and Linda A. Demikat. [A-1 zone]
Mr. Demikat came forward to explain his application. He said he has a 2-story older home on a 3-acre parcel that has become difficult to manage. He wants to subdivide into two parcels, a 2-acre piece and a 1-acre piece. He said a few years ago he subdivided two lots in the back. He said he was under the impression that they would have an 18 foot driveway. It will be 30 feet. He wants to build a modular home for himself. He is short 19 feet of frontage on one of the lots. They do meet the required 150 feet width for both parcels.
Mr. Demikat indicated that there is an alternative. He referred to plans (Proposal B) that show the two parcels with the required frontage. He said he would lose the driveway and would have to do an easement. He said he doesn’t want to go through the easement process. He would like to make it a lot cleaner and have a straight line.
Mr. Arcari said there is no technical hardship other than the fact that it is an older home. Mr. Demikat said it is difficult to maintain. He wants to get into something that is a lot easier to maintain. He said his family has owned the property since 1906. He was under the impression that he would have enough room. Mr. Giner said that to grant a variance is to show that they have no reasonable use of the property. He said Mr. Demikat has shown that he can meet the regulations with the alternative plan.
Mr. Arcari opened up the hearing to the public. No one wished to speak.
MOTION: To close the hearing on ZBA #2009-20. Gudzunas / Davis / Unanimous
Discussion and Vote:
Mr. Giner said he was sympathetic with Mr. Demikat but technically and legally there is no hardship. It is self-created. From the map there is a solution that wouldn’t require a variance. He said something like this wouldn’t stand up in court if there were neighbors opposing it. Mr. Gudzunas said Mr. Demikat got some wrong information. He had no objections to this. Mr. Strempfer said if he does the alternative he wouldn’t need a variance. He would need an easement. Mr. Davis said they can’t approve this on a personal and financial hardship. He said the easement would be the best solution.
MOTION: To approve ZBA #2009-20 Giner / Gudzunas
In Favor: Strempfer; Gudzunas
Opposed: Giner; Arcari; Davis
Application was denied.
ZBA #2009-21 – Application of Carlos Burgos, for property located at 202 South Main Street, for Location Approval under Sec. 14-54 and 14-55 of the CGS for a used car dealer license. The property is owned by TBK Ventures. [B-2 zone]
Mr. Burgos came forward to explain his application. He said he is applying for a dealer’s license at this location. He said it is currently being used for wholesale. He said he does mostly internet sales. Mr. Gudzunas asked where the vehicles will be displayed as it wasn’t indicated on the plans. Mr. Burgos pointed out that there will be 2 or 3 spaces in the front. The suggestion was made that the applicant have the areas identified on plans and come back. Mr. Arcari noted that he still has to go before the Planning & Zoning Commission. Details will be worked out by PZC. They are just voting on whether it would be an appropriate place for the motor vehicle license. He noted that the other businesses on the site are all auto uses.
Mr. Arcari asked if anyone in the audience wished to speak. No one came forward.
MOTION: To close the hearing on ZBA #2009-21 Giner / Gudzunas / Unanimous
Discussion and Vote:
Mr. Gudzunas said this goes with the area. Mr. Giner said it is a prevailing use in the area. He said the Planning & Zoning Commission can work out where the vehicles are going to be.
MOTION: To approve ZBA #2009-21. Giner / Davis / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of November 2, 2009. Gudzunas / Arcari
In Favor: Arcari; Gudzunas
Abstain: Davis; Giner; Strempfer
ADJOURNMENT:
MOTION: To adjourn. Giner / Gudzunas / Unanimous
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Marlene Bauer
Recording Secretary
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