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ZBA 4-4-02

MEMBERS PRESENT:        Chairperson Robert Warren, Marjorie Anthony, Thomas Berstene, Stephen Wagner and Teri Dickey-Gaignat

ALTERNATES PRESENT:     Sandy Jeski

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

Appl. #2533-02 - James H. Throwe, request for a variance to section 4.1.4.f to allow the storage of commercial vehicles exceeding the 3 ton limitation at 1330 Main Street, A-40 zone.

Mr. Peter DeMallie from Design Professionals came before the Board to represent this application.  He explained that the purpose of this application is to request the storage of a single commercial vehicle exceeding the 3 ton capacity limitation.  This vehicle would be stored in the furthest barn on the property, which is 380
Mr. DeMallie informed the Commission of the following information he felt pertinent to this application:

The vehicle will be stored entirely within the barn.  The vehicle is taken out sporadically
and seasonally.  There are times when the vehicle is not used and sits parked for weeks.
The applicant proposes to install 8 to 12 evergreen trees in order to obscure the barn from
their neighbors.  Main Street has many large vehicles housed along the area.  The property
exceeds most residential properties in Town.  The business associated with this commercial
vehicle is conducted completely off site.  The business is called Vans Sewer and Septic
Service.

Mr. Throwe came before the Commission.  He explained that his son had purchased this business 12 years ago and has the need for storage of the pumper truck that is used for his business.  It is important for this vehicle to be stored in a properly insulated/heated area.

Chairperson Warren said that the Commission has received a petition with thirteen of Mr. Throwe's neighbor's signatures on it stating they have no objections to granting this variance and urge this Board to approve his request.

Mr. & Mrs. James Engles also wrote a letter stating that they agree to the variance proposed by James Throwe, but would like trees planted in order to buffer the rear building and absorb any noise that may be created.

Mr. Tim Shepard came to speak in opposition to this appeal.  He explained that he would rather see Mr. Throwe receive a temporary and conditional permit for this request.  He does not want to see something granted which will remain forever with this property.

Answering questions from the Board, Mr. DeMallie explained that there are agricultural operations and there are also commercial operations of the landscaping variety on Main Street.

Mr. Throwe explained the hardship on this site is the requirement that you can not have a vehicle over 6,000 pounds stored on a residential zone.  This requirement would eliminate almost every commercial vehicle on the road today.

The barn was originally constructed with the idea to store the pumper truck.  The walls and ceiling are insulated in order to keep the truck protected during the colder months.  Mr. Throwe told the Board that his son
The primary part of this business is the installation of septic tanks and hooking individuals up to the Town sewers.  When people are hooked up to the city sewer, the old septic tank needs to be pumped out, this is where this vehicle would be used.  It is also used to clean out existing septic tanks.

With no further questions, the public participation portion of this appeal closed at 8:10 p.m.

Appl. #2534-02 - Thomas & Lisa Bengtson, a request for a variance to section
4.5.4.a to allow a 112 sq. ft. addition, increasing the house size to 1592 sq. ft.
(1400 sq. ft. allowed) at 12 Podunk Circle, DR zone.

Mrs. Lisa Bengston came before the Board to represent this application.  She explained that she and her husband are requesting a 112 square foot addition to their kitchen.  The kitchen currently is a 6' x 7' area, which accommodates a table with chairs.  When sitting at the table there is little room to move.  They are looking to add enough space to be able to sit comfortably in the kitchen.  When the house was purchased, they did not realize there were any restrictions on constructing an addition onto this home.  They would like to stay in South Windsor and in this current residence.

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

With no further questions, the public participation portion of this appeal closed at 8:14 p.m.

Appl. #2535-02 - Glenn & Randi Reichle, request for a variance to section
4.1.8.L.2 to allow seasonal storage and sales of mulch products at 97 Buckland
Road, GD zone.

Mr. Glenn Reichle came before the Commission to represent this application.  He explained that his family owns and operates the Corn Crib on Buckland Road. Presently the blueberries are mulched with woodchips.  Mr. Reichle said they would like to use mulch that has already been processed and in turn would like to offer the mulch for sale to the general public.

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

Answering questions from the Board, Mr. Reichle explained that some of the mulch that will be used is bark and some cedar.  There is a need to use a product which  will breakdown a little bit better than woodchips.  There is 12.9 acres that is used for the business, seven acres are used for blueberries and the remainder for growing vegetables.  The bins that the mulch is proposed to be stored in would be 4' high, 20' wide and 25' deep.  Mr. Reichle stated that the hardship on this application to be that he needs the material in order to mulch the berries.  He also told the Board that he will have the product on the property anyway, and the only thing he would like to request is to be able to sell it.

With no further questions, the public participation portion of this appeal closed at 8:25 p.m.

Appl. #2536-02 - The South Windsor Housing Authority, 1540 Sullivan Avenue
and The Metro Realty Group, LTD, 6 Executive Drive, Farmington, CT., request
for a 5' variance to section 4.1.11.2.d to allow a housing for the elderly project
with 95' of frontage on a town road (100; required) at 205 Oakland Road, AA-30
zone.

Mr. Peter DeMallie came before the Commission to represent this application.  He explained that the South Windsor Housing Authority in conjunction with The Metro Realty Group is proposing a housing development for senior citizens.  The development is proposed to have five buildings consisting of 102 units of high quality, below market, cost rental apartments especially designed for seniors.  There is a tremendous need for this type of housing in this community.  The purpose of this application is to request a variance of 4.02' because there is a requirement to have 100' of frontage.  The only frontage on this property is a strip on Felt Road, which is 95.98', and Oakland Road, which has 61.78'.

Mr. DeMallie went through a list that he felt are hardships on this project, they are as follows:

This parcel was created as part of a subdivision and is a very large building lot.  The parcel
frontages have remained unchanged for many years prior tot her subdivision approval.

The unique shape of the property allows for far greater setback than would normally be
required.

This site provides a transitional use between the commercial zones along Buckland and
Oakland Roads.

This site presents the best available site for elderly hosing in the entire Greater Hartford
area.

Ms. Christine Nassau, who handles the marketing and leasing for The Metro Realty, came before the Commission.  She told Board members that she had held an informational meeting at the Community Center regarding this project and two hundred people attended.  For two weeks in January, Ms. Nassau held additional informational meetings with 15-20 individuals at a time.  She has received a large number of applications and calls.  She stated that in her opinion there is clearly a need for affordable senior housing in South Windsor.  

Mr. DeMallie summarized his presentation saying that with all the factors and the uniqueness of this property he believes this is a reasonable request.

Chairperson Warren stated for the record that 23 letters all speaking in favor of this application had been submitted to the Board.

The following individuals came forward, all speaking in favor to this appeal:

Mr. John Sessions, 609 Sandstone Drive, South Windsor, CT
Ms. Georgiana Cutler, 39 Buckland Street, Manchester, CT
Ms. Suzanne Hansen, 39 Buckland Street, Manchester, CT
Mr. Joe Mongeon, 229 Old Farm Road, SouthWindsor, CT
Ms. Dianne Macca
Mr. Kenneth Gustason, Pastor at the Calvary church, 400 Buckland Road, South Windsor, CT
Ms. Edwin Futtner, 203 Sandstone Drive, South Windsor, CT

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

Answering questions from the Board, Mr. DeMallie explained that this request is for a variance for the frontage on Felt Road.

Ms. Christine Nassau explained to the Board that all of the housing that is built are governed under the low income housing tax credit program which is an IRS Federal program, administered locally by CHFA.  We must abide by HUD guidelines that are put forth yearly on both income and rental limits, which are based primarily at 60% of the median income in Hartford.  For a two bedroom unit at this site the cost will be approximately $750.00 and for a one bedroom $650.00.

Commissioner Wagner questioned the regulation that says no pavement, parking, or impervious area shall be allowed within the additional setback area?  Assistant Director of Planning explained that the access drive has never counted in the setback area.

With no further questions, the public participation portion of this appeal closed at 9:20 p.m.

Appl. #2537-02 - Q. D. Enterprises, Inc., request for variances to section 5.9.4 and
3.13 to allow a repair garage in the corridor development zone and within ½ mile
of another garage, and a State Hearing under section 14-55 of the General
Statutes for a used car dealership license at 518A Burnham Street, I-291 zone.

Mr. Dario Quinteiro came before the Board to represent this application.  He explained that he is owner and operator of Q.D. Enterprises.  The main reason for a repairer license is to be allowed to do municipality work.  He explained he can not have a wrecker tag without a repair facility.  The used car license will allow for proper disposal of vehicles through the auction.

Michele Lipe, Assistant Director of Planning added that the property had been re-zoned back in 1995 to the 291 corridor zone.  In the 291 corridor zone, this type of facility is prohibited.  The building was constructed in the early 1980's and to her knowledge has always been used for this type of repair facility.

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

Answering questions from the Board, Mr. Quinteiro explained that the longest period of time a vehicle will be on the property is 90 days.  There will be a maximum of 15 vehicles stored on this site.  Vehicles will be repaired at this facility it warranted by a customer.

With no further questions, the public participation portion of this appeal closed at 9:40 p.m.

DELIBERATIVE SESSION

ITEM:   Appl. #2533-02 - James H. Throwe, 1330 Main Street, A-40 zone

Commission members discussed the size of the vehicle and felt that is was not a problem, but did not want this property to allow all types of commercial vehicles to be stored in this area.

Motion to:      Approve with conditions appl. #2533-02 - James H. Throwe, a variance to section 4.1.4.f to allow the storage of commercial vehicles exceeding the 3 ton limitation at 1330 Main Street, A-40 zone.

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

Hardship:

1.      There is no adequate facility in which to properly store this type of vehicle in cold weather.

2.      If this vehicle were to freeze, a hazardous waste incident could be created.

Conditions:  A septic pumper truck is the only type of vehicle to be stored in this facility.

ITEM:   Appl. #2536-02 - The South Windsor Housing Authority, 1540 Sullivan Avenue and The Metro Realty Group, LTD, 6 Executive Drive, Farmington, CT, 205 Oakland Road, AA-30 zone

Motion to:      Approve appl. #2536-02
Was made by Commissioner Anthony
Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  unanimous

Hardship:       Inability to expand in the frontage.

ITEM:   Appl. #2537-02 - Q. D. Enterprises, Inc., 518A Burnham Street, I-291 Corridor Development zone

Motion to:      Approve appl. #2537-02 - Q. D. Enterprises, Inc., a variance to section 5.9.4.a and 3.13 to allow a repair garage in the corridor development zone and within ½ mile of another garage, and a State Hearing under section 14-55 of the General Statutes for a used car dealership license at 518A Burnham Street, I-291 zone.

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

Hardship:       Pre-existing use in this area.  It was also felt that this area was originally created for this type of facility and the building currently has other similar uses.

ITEM:   Appl. #2534-02 - Thomas & Lisa Bengtson, 12 Podunk Circle, DR zone

Motion to:      Approve appl. #2534-02 - Thomas & Lisa Bengtson, a variance to section 4.5.4.a to allow a 112 sq. ft. addition, increasing the house size to 1592 sq. ft. (1400 sq. ft. allowed) at 12 Podunk circle, DR zone.

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

Hardship:       The existing kitchen is inadequate in size and in order to enlarge this area, the only way to extend is to the rear of the house, exceeding the 1400 sq. ft. requirement.

ITEM:   Appl. #2535-02 - Glenn & Randi Reichle, 97 Buckland Road, GD zone

Commissioner Warren felt that this application should goto the Planning & Zoning Commission for a temporary & conditional permit.  No hardship has been demonstrated that would give this Commission authority to approve this request.

Motion to:      Deny appl. #2535-02
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion:  failed
The vote was as follows:        2 to 3 with Commissioners Warren and Wagner voting to deny this application and Commissioners Dickey-Gaignat, Anthony and Berstene voting against the denial of this application

Motion to:      Approve appl. #2535-02 - Glenn & Randi Reichle, a variance to section 4.1.8.L.2 to allow seasonal storage and sales of mulch products at 97 Buckland Road, GD zone.

Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Anthony
The motion:  failed
The vote was as follows:        3 to 2 with Commissioners Dickey-Gaignat, Berstene and Anthony voting in favor of approval of this application and Commissioners Wagner and Warren voting against approval of this application.

The motion failed (4 affirmative votes are required for approval) and this application was denied.

ITEM:  Minutes

Motion to:  approved the minutes of March 7, 2002

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

ITEM:  Adjournment

Motion to:  adjourn the meeting at 10:25 p.m.

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


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