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ZBA 12-6-01

MEMBERS PRESENT:        Chairperson Marjorie Anthony, Robert Warren, Stephen Wagner and Thomas Berstene (replacing Joseph Carino)

ALTERNATES PRESENT:     Sandy Jeski sitting for vacant seat
        Teri Dickey-Gaignat

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. #2518-01 - KF Properties LLC, 175 Wheeler Road, request for a variance to section 4.1.12g to allow a deck 21.7' from the property line, at Unit 101, Wheeler Estates SRD, Wheeler Road, A-20 zone

Mr. Joe Luczka, from KF Properties came before the Board to represent this application.  He explained that presently Wheeler Estates is being constructed.  The development is a senior residence for individuals 55 and older.  One building of condos has been constructed, which consists of four units.  After completion, it was noted that the deck on the rear of unit 101 was encroaching on the setback by 3 ¼'.  The nearest residence, which is a single family home is 31 ½' from the deck and should be 35'.  The only alternative would be to take the deck down and place a patio in its place.  The complex is being developed for seniors and it was felt that the alternative would create an unsafe situation because of the deck size being smaller and the stairs would be necessary to negotiate.

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

Answering questions from the Board, Mr. Luczka explained that the deck is 2 ½
With no further questions, the public participation portion of this appeal closed at 7:45 p.m.

Appl. #2519-01 - Ranco Collision LLC, a State Hearing under section 3.13 of the zoning regulations and 14-55 of the General Statutes to allow a used car dealership and a general repairers license at 72 Commerce Way, I zone.

Mr. Andrew Hewitt came to represent this application.  He explained that he is constructing a new facility at 72 Commerce Way.  He is has been located at 105 Edwin Road for the past 7 years.  Mr. Hewitt told Commission members that he is applying for a used car dealer
No one from the public spoke in favor or opposition to this appeal.


Answering questions from the Board, Mr. Hewitt explained that he has no intention on displaying or selling vehicles from the site at 72 Commerce Way.  The license would enable him to purchase vehicles at wholesale price, fix them on site and then bring them to the auction to sell.

With no further questions, the public participation portion of this appeal closed at 7:55 p.m.

DELIBERATIVE SESSION

ITEM:   Appl. #2518-01 - KF Properties LLC, Unit 101, Wheeler Estates SRD, Wheeler Road

Commission members felt that with the buffer that is being proposed, there should not be any impacts to abutting property owners.

Motion to:      Approve appl. #2518-01 - KF Properties, LLC, 175 Wheeler Road, a variance to section 4.1.12g to allow a deck 21.7
Was made by Commissioner Warren
Seconded by Commissioner Wagner
The motion:  carried
The vote was as follows:  unanimous

Hardship:       The deck will enable a handicapped individual to exit safely to the rear of the premises to enjoy the outdoors and move safely around the deck.

ITEM:   Appl. #2519-01 - Ranco Collision LLC, 72 Commerce Way, I zone

Commission members discussed in great length, the conditions that would be necessary for this application to be approved.

Motion to:      Approve with conditions appl. #2519-01 - Ranco Collision LLC, a State Hearing under section 3.13 of the zoning regulations and 14-55 of the general Statutes to allow a used car dealership and a general repairers license at 72 Commerce Way, I zone.

Was made by Commissioner Warren
Seconded by Commissioner Berstene

A friendly amendment was made to change the proposed condition.


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

Condition:      Vehicles will not be displayed or offered for sale or sold on this site.

ITEM:  Minutes

Motion to:  approve the minutes of November 1, 2001

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

ITEM:  Adjournment

Motion to:  adjourn the meeting at 8:20 p.m.

Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows


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