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ZBA 12-07-00

MEMBERS PRESENT:        Chairperson Marjorie Anthony, Robert Warren, Barbara Murray Joseph Carino, and Joel Nadel

ALTERNATES PRESENT:     Thomas Berstene
                Stephen Wagner

Chairperson Anthony called the meeting to order at 7:30 p.m.  The Recording Secretary read the legal notice as published in the newspaper.

Appl. #2490-00 – Little Taste of Texas, request for a variance to Section 3.12.1.a to allow a restaurant to serve wine and beer within 500’ of a church, at property located at 19 Oakland Road, RC zone.

Mr. Danny Bell came before the Board to represent this application.  He explained he was present to request a variance to be allowed to serve wine and beer within 500’ of a church.  Mr. Bell sent a notice to all abutting property owners regarding this matter and has not heard anything from them.

No one from the public spoke in favor or opposition to this appeal.

Commission members informed Mr. Bell that the previous owner of the property had received a temporary and condition permit which allowed them to serve beer and wine.

Michele Lipe, Assistant Director of Planning explained that the temporary and conditional permit they had received has since expired.

Answering questions from the Board, Mr. Bell explained that customers would like to have beer or wine with their meal and he feels this is hindering the performance of his business.

Commissioner Nadel stated for the record that he feels Planning & Zoning Commission should be taking a look at this issue and consider changing the regulations as it relates to this.

Michele Lipe, Assistant Director of Planning said that Zoning Board of Appeals had previously sent the Planning & Zoning Commission a letter on this issue.  She would research this issue further.

With no further questions, the public participation portion of this appeal closed at 7:40 p.m.

Appl. #2491-00 – Glenn H. Huot and Douglas W. George, 135 Lamplighter Drive, Manchester, CT., request for a State Hearing under Sections 3.13 and 14-55 of the General Statutes to allow a used car dealership and auto body repair shop at 651 Sullivan Avenue, GC zone.

Mr. Douglas George came before the Commission to represent this application.  He explained that he presently runs his business from 681 John Fitch Boulevard, but rents the building.  He would like to buy his own building and operate his auto body shop.  They are requesting to have three spaces approved for sale of used vehicles.

Mr. Glen Huot who is the manager of this business and will become part owner of the company told Commission members that they would like to expand this business.

No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board Mr. George explained that the hours of operation will be from 8:00 a.m. until 4:30 p.m.  Saturday the business will be open from 8:00 a.m. until 12:00 p.m.  There will be a maximum of three cars for sale at any one time in the front property.  Temporary storage of vehicles will be in the back of the buildings, which will not be visible from the street.

The Board expressed concerns about “for sale” signs over the front of the property.  Michele Lipe, Assistant Director of Planning informed Commission members that through the regulations Mr. Huot is allowed one building sign and one free standing sign.  Mr. Huto stated that presently he will only be erecting a building sign.  He also explained that he reaches his customers through ads placed in the newspaper.

Commissioner Nadel reviewed the criteria of the State Statutes and the criteria in the Zoning Regulations.

With no further questions, the public participation portion of this appeal closed at 7:50 p.m.

Appl. #2492-00 – Pierre and Josephine Giroux, 555 Graham Road, South Windsor, CT., 1) requests variances to Section 3.2 and 10.2 to allow the road frontage at 290 Pierce Road to be reduced by approx. 10’ to 139.5’ (175’ required); and 2) a variance to Section 10.2 to allow the road frontage at 294 Pierce Road to be 100’ (175’ required), RR zone.  Both lots currently are non-conforming to lot frontage requirements.

Mrs. Josephine Giroux came before the Board to represent this application.  She explained that presently her parents live at 294 Pierce Road property which she owns and her aunt and uncle live at 290 Pierce Road property which her cousin owns.  They would like to give and take some land to one another in order to be allowed for a future expansion on their house at 290 Pierce Road.  This will also allow for the formal establishment of the property boundaries and established use of the land.  The houses have previously always been non-conforming to lot frontage.  

No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board, Mrs. Giroux explained that the property at 290 will be giving up 10’ of land.  Both properties will only be effected in the front yard setback.

With no further questions, the public participation portion of this appeal closed at 7:57 p.m.

DELIBERATIVE SESSION

ITEM:  Appl. #2490-00 – Little Taste of Texas

Commission members discussed the issue of a restaurant owner having the ability to control the alcoholic beverages in their restaurant.

Motion to:  Approve appl. #2490-00 – Little Taste of Texas, a variance to Section 3.12.1.a to allow a restaurant to serve wine and beer within 500’ of a church, at property located at 19 Oakland Road, RC zone.

Was made by Commissioner Warren
Seconded by Commissioner Murray
The motion:  carried
The vote was as follows:  unanimous

Hardship:

Approval for this use provides the restaurant with control of alcoholic beverages on the property.

ITEM:  Appl. #2491-00 – Glenn H. Huot and Douglas W. George

Commission members felt the site was suitable for a used car dealership and discussed the conditions they would like to see placed on the site.

Motion to:  Approve with conditions appl. #2491-00 – Glenn H. Huot and Douglas W. George, 135 Lamplighter Drive, Manchester, CT., a State Hearing under Section 3.13 and 14-55 of the General Statutes to allow a used car dealership and auto body repair shop at 651 Sullivan Avenue, GC zone.

Was made by Commissioner Nadel
Seconded by Commissioner Warren

Conditions:

Approval is subject to site plan approval by the Planning & Zoning Commission.


No more than three vehicles available for sale at any time.  The vehicles should be positioned in the front as shown on the plan submitted.
All work done on the vehicles, mechanical or body work, should be done inside of the building.
Temporary storage of vehicles is to be behind the building and should not be visible from the public street.

The motion:  carried
The vote was as follows:  unanimous

ITEM:  Appl. #2492-00 – Pierre and Josephine Giroux

Commission members discussed the unusual request of this application.

Motion to:  Approve appl. #2492-00 – Pierre and Josephine Giroux, 555 Graham Road, South Windsor, CT., variances to Sections 3.2 and 10.2 to allow the road frontage at 290 Pierce Road be reduced by approx. 10’ to 139.5’ (175’ required), RR zone.

Was made by Commissioner Nadel
Seconded by Commissioner Warren
The motion:  carried
The vote was as follows:  unanimous

Hardship:

Clarifies the legal boundaries for this property;
Separates use of common property;
Identifies legitimate owners of property; and
Adjusts frontage to make more usable for residential use.

Motion to:  Approve appl. #2492-00 – Pierre and Josephine Giroux, 555 Graham Road, South Windsor, CT., a variance to Section 10.2 to allow the road frontage at 294 Pierce Road to be 110’ (175’ required) RR zone.

Was made by Commissioner Nadel
Seconded by Commissioner Murray
The motion:  carried
The vote was as follows:  unanimous


Hardship:

Clarifies the legal boundaries for this property;
Separates use of common property;
Identifies legitimate owners of property; and
Adjusts frontage to make more usable for residential use.

ITEM:  Minutes

Motion to:  approve the November 2, 2000 minutes with suggested corrections.

Was made by Commissioner Warren
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Other Business

Commission members discussed Attorney Robert Fuller’s memo they received relating to extension of the timeframe to hold the public hearing for appl. #2489-00 Stop & Shop Supermarket & Richard S. Kelley. (Attachment A) and Attorney Penny’s legal opinion.  Chairperson Anthony set the public hearing for March 1, 2001.

ITEM:  Adjournment

Motion to:  adjourn the meeting at 8:45 p.m.

Was made by Commissioner Murray
The motion:  carried
The vote was as follows


________________________________
Deborah W. Reid, Recording Secretary
Zoning Board of Appeals