MEMBERS PRESENT: Chairperson Marjorie Anthony, Robert Warren, Joel Nadel Barbara Murray, and Joseph Carino
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. #2498-01 – USI Limited Partnership, 6779 A Engle Road, Middelburg Heights, OH., request for a variance to section 10.2 to allow 91% impervious coverage (65% allowed) at 282 Chapel Road, I zone.
Mr. Emil Lucek came before the Commission to represent this application. Mr. Lucek explained that the property is located at 282 Chapel Road. The majority of the buildings on the site were approved and built in 1976. At that time the foundations were all built and all but one of the buildings were constructed. The applicant wants to construct a building on the last foundation. The existing impervious coverage is presently 91.7%. In order to be able to go to the Planning & Zoning Commission for site plan approval, a variance from this Board is needed first.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Lucek explained that the hardship on this property is that the change in the town impervious coverage regulations prohibit the applicant full enjoyment of the use of this property. The building will be used for customers to rent in order to store their personal belonging.
Mr. Lucek told the Commission that in 1976 the first six buildings were constructed and in 1987 the seventh building was constructed and the eighth foundation was built.
Michele Lipe, Assistant Director of Planning explained that in 1986 the regulation requirements read that 75% impervious coverage was allowed. This property had 74.8% impervious coverage at that time, but then one year later the impervious coverage was 91.7%.
Mr. Lucek explained that the property came to 91.7% coverage because previously there was an easement from the abutting property owner, which allowed a large area and retention pond to be computed into the overall property. Therefore, the impervious area was 74.8%. The detention pond easement can no longer be counted towards the impervious coverage calculated and brings the impervious coverage to 91.7%.
The present owners purchased the property in 1994. The foundations are made of concrete slabs. The building would be constructed on top of the existing foundation.
The roof run off goes onto the pavement and then into the system of storm drains between each building. If the eighth building were constructed, the water run-off will not change.
With no further questions, the public participation portion of this appeal closed at 7:53 p.m.
Appl. #2500-01 – Richard S. Kelley and Stop & Shop Supermarket Co., request an appeal from the Planning & Zoning Commissions February 20, 2001 decision denying a site plan application on property located at Town Center, 1725 Ellington Road, RC zone.
Chairperson Anthony read her statement and reason for recusing herself from this application into the record. Commissioner Wagner sat for Chairperson Anthony and Vice Chairman Warren chaired this application.
Vice Chairman Warren stated to the public that the Board has a jurisdictional issue before them. Attorney Penny is present to address the jurisdictional issues with this application and to answer any questions the Commission might have.
Attorney Penny, who is representing the Zoning Board of Appeals, came before the Commission and went through other court cases that have been similar to this situation. Attorney Penny stated that the South Windsor Zoning Board of Appeals regulations are much more limited then other towns regulations. Attorney Penny felt the appropriate action for the Board to take would be to deny this application on the basis that South Windsor Zoning Board of Appeals lacks the jurisdiction. A copy of Attorney Penny’s opinion is attached (Attachment A).
Attorney Sol Kerensky who is representing Stop & Shop Supermarket and Richard S. Kelley came before the Commission to express his opinion. Attorney Kerensky explained that if Stop & Shop Supermarket and Richard S. Kelley felt that the Zoning Board of Appeals had no jurisdiction, then they would not be before this Commission. Attorney Kerensky reviewed other similar cases and told Commission members that a plan of development approval is in the nature of enforcement and Zoning Board of Appeals has dealt with enforcement issues.
Attorney Michael Zizka, who is representing the Planning & Zoning Commission came before the Zoning Board of Appeals and presented, for the record, a copy of his letter he submitted (Attachment B).
With no further questions, the public participation portion of the appeals closed at 8:10 p.m.
Motion to: deny jurisdiction of appl. #2498-01 – Richard S. Kelley and Stop & Shop Supermarket Co., an appeal from the Planning & Zoning Commissions September 19, 2000 decision denying a site plan application on property located at Town Center, 1725 Ellington Road, RC zone.
Was made by Commissioner Nadel
Seconded by Commissioner Wagner
The motion: carried
The vote was as follows: unanimous
Reason for Denial – South Windsor Zoning Board of Appeals does not have the jurisdiction to receive, hear or act on this application.
Chairperson Warren declared the deliberative session closed and returned back to the public hearing.
3. Appl. #250101 – Clifford R. and Jeanette D. Gerich, 223 Brookfield Street, request four variances to section 10.2 for the following: 1) lot area of 26,429 sq. ft. (40,000 square feet required); 2) 40'’lot frontage (175'’required); 3) 167'’lot depth (200'’required); and 4) 11.63% lot coverage (10% allowed) at 1451 Ellington Road, RR zone.
Mr. Peter DeMallie from Design Professionals came before the Commission to represent this application. Mr. DeMallie explained that presently Mr. & Mrs. Gerich reside on Brookfield Street. They own property at 1451 Ellington Road and would like to construct a new home on this property. This lot was a created building lot starting in 1952 when Elizabeth Heritage owned this property and the adjoining property, but then split the property in two in order to create two building lots. Both lots then eventually had houses constructed on them. The house on 1451 was demolished some time in the 1970’s. There is an existing garage which services 1457 residence and is accessed by an easement over the 1451 parcel.
Mr. & Mrs. Gerich hired the following agencies/individuals:
John Ianni from Highland Soils to determine whether or not there are any wetlands on the property or any activity within the upland review area of any wetlands. Mr. Ianni concluded that the property is clear of any regulated wetlands or activity upland review area.
Mr. Robert Neusone was hired to design and build the proposed house. The residence will consist of 3,000 square feet with three bedrooms.
Design Professionals prepared a boundary survey (A-2 survey), topographic survey, utility survey and a plot plan for the building permit.
All the above mentioned items were complete when Mr. Gerich went to Town Hall to get a permit. He was told by Town staff that the lot was non-conforming to the RR standards. The lot will need the following:
The lot is undersized and does not meet the full requirements of 40,000 square feet.
Frontage is less than the required 175’.
Lot depth does not meet the 200’ depth.
Parcel does not meet the lot coverage requirement.
Mr. DeMallie felt the hardships on this property are as follows:
This parcel has been a building lot for many years containing a dwelling.
Parcel 1451 and 1457 have been owned separately, meaning they have had their own deeds and taxes have been paid on each parcel.
There is no ability to acquire any abutting property.
There is an existing curb cut that will be shared by both lots through an easement.
A letter was submitted in favor of this application (Attachment C-H)
Mr. Richard Kelley came before the Commission to speak in favor of this application.
Mr. John Samsel also came to speak in favor of this application.
No one from the public spoke in opposition to this appeal.
Answering questions from the Board, Mr. Gerich explained that only a little clearing has been done on the property. Mr. Gerich explained he acquired this property from his mother. His mother will retain the driveway by way of an easement and will allow him to drain onto her lot. Commissioner Nadel stated he is concerned that lot #1451 & 1457 are dependent on each other.
Mr. DeMallie told members that he had recommended to his client to put an easement on the deed in order legally establish the right of way.
Commissioner Carino stated he does not have a problem with undersized lots, but wanted to caution the applicant that because of the small lot, other outside uses will be limited on this property.
With no further questions, the public participation portion of this appeal closed at 9:00 p.m.
Appl. #250 -01 – Town of South Windsor, 1540 Sullivan Avenue, request for three variances to section 10.2 to allow improvements to the existing sewer pump station: 1) 27’ from the front property line (50’ required); 2) 5’ from the side property line (20’ required); and 3) 10’ from the rear property line (50’ required) at 450 Clark Street, RR zone.
Commissioner Carino recused himself from this application because he is a member of the Water Pollution Control Authority and the sewer system is under Water Pollution Control Authority. Commissioner Berstene sat for Commissioner Carino.
Mr. Fred Shaw, who works for the Town of South Windsor Public Works Department, came before the Board to represent this application. He explained that the existing pump station does not have the setback required through regulations. The Town is requesting 27’ front yard setback, 50’ is required; 5’ from the side property line, 20’ is required; and 10’ from the rear line, 50’ is required. Mr. Shaw explained that this is an existing pump station that has been operational since 1973. It serves the Town of South Windsor and eastern portion of the eastern portion of Manchester. This pump station is the largest in Town. Improvements will allow the pump station to meet future growth in Town and make the system more reliable.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Commission, Mr. Shaw explained that the engineering design is planned to be complete in May and construction is proposed to begin this summer. This pump station upgrades will address some of the development issues on Buckland Road.
With no further questions, the public participation portion of this appeal closed at 9:14 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2501-01 – Clifford R. and Jeanette D. Gerich, 1451 Ellington Road, RR zone
Commissioner Carino felt this lot to be very small and the regulations have changed over the years, which is a factor in the need for these variances.
Commissioner Nadel was troubled by the 40’ frontage and felt the hardship stated it did not constitute the granting of the variance.
Motion to: Approve appl. #2501-01 – Clifford R. and Jeanette D. Gerich, 223 Brookfield Street, request four variances to section 10.2 for the following: 1) lot area of 26.429 sq. ft. (40,000 square feet required); 2) 40’ lot frontage (175’ required); 3) 167’ lot depth (200’ required); and 4) 11.63% lot coverage (10% allowed) at 1451 Ellington Road, RR zone.
Was made by Commissioner Warren
Seconded by Commissioner Murray
The motion: carried
The vote was as follows: 4 to 1 with Commissioners Anthony, Murray, Carino and Warren
voting in favor of approval of this application and Commissioner
Nadel voting against approval.
Hardship: pre-existing lot that has had a building under ownership on it for 40 years
ITEM: Appl. #2498-01 – USI Limited Partnership, 282 Chapel Road, I zone
Commission members discussed what had been allowed previously on this site and the water run off on this site.
Commissioner Nadel was not comfortable granting this variance because of the extent in which is violates the regulations.
Motion to: approve with conditions appl. #2498-01 – USI Limited Partnership, 6779 A Engle Road, Middelburg Heights, OH., a variance to section 10.2 to allow 91% impervious coverage (65% allowed) at 282 Chapel Road, I zone.
Was made by Commissioner Carino
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Hardship: The property has existing buildings and foundation that has previously been approved by the Building Department
Condition: Approval is subject to site plan approval by the Planning & Zoning Commission
ITEM: Appl. #2502-01 – Town of South Windsor, 450 Clark Street, RR zone.
Commissioner Berstene sat for Commissioner Carino who recused himself.
Commission members discussed the fact that his is an existing pump station and could not be relocated.
Motion to: approve appl. #2502-01 – Town of South Windsor, 1540 Sullivan Avenue, request for three variances to section 10.2 to allow improvements to the existing sewer pump station: 1) 27’ from the front property line (50’ required); 2) 5’ from the side property line (20’ required); and 3) 10’ from the rear property line (50’ required) at 450 Clark Street, RR zone.
Was made by Commissioner Warren
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Hardship: The pump station currently exists and can not be relocated
ITEM: Minutes
Motion to: approve the March 1, 2001 minutes with amendments.
Was made by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Chairperson Anthony told Commission members that there will be an Education Workshop on Connecticut Land Use on May 22, 2001. Anyone interested should see Debbie Reid, Recording Secretary.
There will be a joint meeting of the Planning & Zoning Commission and Zoning Board of Appeals. There will be a speaker present to discuss wireless communication poles. The date and time will be scheduled at a later time and Commission members will be informed.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:00 p.m.
Was made by Commissioner Murray
The motion: carried
The vote was as follows
________________________________
Deborah W. Reid, Recording Secretary
Zoning Board of Appeals
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