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ZBA 7-11-02

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

ALTERNATES PRESENT:     Paul Oates

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. #2548-02 - Kerin & Kerin, LLC, P.O. Box 330910, West Hartford, CT.,
request for five variances:  1) to section 13.3 to allow parking spaces smaller than
required; 2) to section 10.4.1 to allow 0' buffer width (25' required); 3) to section
10.2 to allow impervious coverage of 74% (50% allowed); 4) a 27' variance to
section 10.2 to allow a structure 23' from the front property line (50' required);
and 5) to section 5.3.4.4 to allow off-street parking at 4.5 spaces per 1,000 square
feet rather than 1 space per 150 square feet at 1530 Sullivan Avenue, RO zone.

Chairperson Warren recused himself from this application, Commissioner Paul Oates sat for this application.

Mr. Peter DeMallie came before the Commission to represent Kerin & Kerin LLC.  He explained that he is seeking five variances.  The first one is to allow parking spaces in the rear of the building to remain 8' wide.  The regulations require 9' wide spaces.  Handicap spaces at this site are presently 13' wide, 15' wide spaces are what is required for today's standards.  The second variance is to request 0' buffer where a 25' buffer is required.  That number could be varied but it would need to be as it presently exists.  The third variance is to allow 74% impervious coverage as it exists, 50% impervious coverage is required in this zone.  The forth variance is to allow the front yard setback to remain 27' versus the 50' requirement.  The last variance is to allow off-street parking at 4 ½ spaces per 1,000 square feet of building.

Mr. DeMallie stated the following as hardships on this property:

1.      The property is undersized with a 7,871 square feet building.
2.      The property was subject to a reduction in size in order to accommodate road improvements.
3.      The existing site was developed as a post office and therefore exempts from all zoning requirements at the time.
4.      The building can not be moved in any other location.
5.      Any man made features can not be reasonably relocated.
6.      Section 5.3.4.4 requires parking at a rate of 1 space per 150' of building area, which conflicts with the requirements of section 13.4.  Mr. DeMallie felt the P & Z Commission wanted a town standard on parking, but the RO standard was overlooked at the time the regulations were changed.
7.      The property can not be occupied by anything but the Federal Government if these variances are not granted.
8.      The residential zone surrounds the property.
9.      Imposition of a 50' buffer around the perimeter of this property would eliminate the use of this site because there would not be the amount of parking necessary.
10.     The applicants are proposing to refurbish the interior of the building for office use, which is more conforming to the restricted office zone than the prior use of this property was.
11.     The zoning was changed from RR to RO zone.
12.     Even Municipal use of this site would likely require the variances to be granted.
13.     The proposed office use is a far less intense of a use than the post office, because office use will not generate the amount of traffic that was previously produced.

Mr. DeMallie felt that the property to the north should have additional landscaping planted.  He also stated that there is no reason to screen the building from the public view.  In conclusion, Mr. DeMallie stated that without these variances, no one would be able to occupy this building, except the federal government.

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

Answering questions from the Commission, Mr. DeMallie explained that presently the owners of the property do not intend to connect the two parking lots, but if it were to happen, it would reduce parking spaces.  If the variance for parking were granted, there would be 36 parking spaces, which is the minimum required by zoning.  The problem is it would not support most tenants.  If the Commission would like additional plantings between the short vegetation and the tall vegetation on the north side of the property, there could be something planted that will create more screening.

There is currently 74% impervious coverage on this site.  The impervious coverage would need to remain in order to allow enough parking for a potential tenant.  These variances would also allow better marketability in order to sell this property.

With no further questions, the public participation portion of this appeal closed at 8:30 p.m.

Appl. #2549-02 - South Windsor Development Company, P.O. Box 248,
Manchester, CT., request for a variance to section 17.8.7 to allow a 370 sq. ft. free
standing sign (36 sq. ft. sign allowed) at 965 Sullivan Avenue, GC zone.

Mr. Dan Brock came before the Board to represent South Windsor Development Co.  He explained that South Windsor Development Co. owns the Geisslers Plaza on Sullivan Avenue.  They would like to request the enlargement of their present sign  from 316-sq. ft. and 28 feet height to 370-sq. ft., 28 feet in height.  There is a new tenant in one of the vacant spots and there is a 6,000-sq. ft. area, which may be split into two areas.  There is not enough area on the present sign to include signs for these tenants.

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

Answering questions from the Board, Mr. Brock explained that the height and width of the sign would remain as it is presently.  Four spaces will be added to the bottom of the sign.

With no further questions, the public participation portion of this appeal closed at 8:35 p.m.

Appl. #2550-02 - A & S Boats, Inc., request for two variances to section 10.2:  1) to
allow building coverage of 34.1% (30% maximum allowed); and 2) to allow
existing impervious coverage of 99+/-% (65% allowed) at 735 John Fitch
Boulevard, GC zone.

Mr. Mark Passeri, owner of A & S Boats on Rte. 5 came before the Board to represent this application.  He explained that the business has been in the Town since 1984.  This request would create the necessary facility to enable mechanical work indoors instead of outdoors as they do presently.

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

Answering questions from the Board, Mr. Passeri explained that the property between this site and McDonalds is for sale.  He has tried to purchase a couple of acres, but the owner of that area will only sell all 9 acres together.  There are boats on the front property in order to display them for sale.  The boats do not cause any visibility problems for people driving by this site.  Items in the rear lot will be cleaned up.  The building is 8200 square feet on a one-acre parcel.  The inside of the building consists of a showroom, accessories area, pro shop, a parts department, and a repair area in the rear of the building.

The hardship on the property is that there is no land in the area that can be purchased at an affordable rate.  Also, this addition would allow employees to work inside of the building instead of working outside in all different weather conditions.

The site is presently 99% impervious coverage.  The addition is being proposed for an area that is currently asphalt, so the site will not be changed.

Michele Lipe, Assistant Director of Planning suggested that if this application is approved, a condition that states no more pavement will be created then what currently exists on the site.

With no further questions, the public participation portion of this appeal closed at 8:59 p.m.

DELIBERATIVE SESSION

ITEM:   Appl. #2548-02 - Kerin & Kerin, LLC, 1530 Sullivan Avenue, RO zone

Motion to:      Approve appl. #2548-02 - Kerin & Kerin, LLC, P.O. Box 330910, West Hartford, CT., a variance to section 13.3 and 13.4 to allow parking spaces 9' x 18'; and a variance to section 5.3.4.4 to allow off-street parking at 4.5 spaces per 1,000 square feet rather than 1 space per 150 square feet at 1530 Sullivan Avenue, RO zone.

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

Hardship:  Existing site conditions

Condition:      Approval is conditioned on site plan approval by the Planning & Zoning Commission.

ITEM:   Appl. #2548-02 - Kerin & Kerin, LLC, 1530 Sullivan Avenue, RO zone

Motion to:      Approve appl. #2548-02 - Kerin & Kerin, LLC, P.O. Box 330910, West Hartford, CT., a variance to section 10.4.1 to allow 0' buffer width at 1530 Sullivan Avenue, RO zone.

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

Hardship:  Existing site conditions.

Conditions:

1.      Approval is based on map presented by Design Professionals, Inc. dated 5/13/02.
2.      Additional screening should be planted on the northerly side of the property and shown on the landscape plan.
3.      Approval is conditioned on site plan approval by the Planning & Zoning Commission.

ITEM:   Appl. #2548-02 - Kerin & Kerin, LLC, 1530 Sullivan Avenue, RO zone

Motion to:      Approve appl. #2548-02 - Kerin & Kerin, LLC, P.O. Box 330910, West Hartford, CT., two variances to section 10.2 to allow a structure 23' from the front property line; and to allow impervious coverage of 74% at 1530 Sullivan Avenue, RO zone.

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

Hardship:       Existing site conditions.

Conditions:     Approval is conditioned on site plan approval by the Planning & Zoning Commission.

ITEM:  Appl. #2549-02 - South Windsor Development Company, 965 Sullivan Avenue, GC zone

Commission members stated that there is no other space for additional signage.

Motion to:      Approve appl. #2549-02 - South Windsor Development Company, P.O. Box 248, Manchester, CT., a variance to section 17.8.7 to allow a 370 sq. ft. free standing sign at 965 Sullivan Avenue, GC zone.

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

Hardship:  No other space for additional signage.

ITEM:  Appl. #2550-02 - A & S Boats, Inc., 735 John Fitch Boulevard, GC zone

Commission members discussed the fact that the area is already covered by black top, stone and concrete.

Motion to:      Approve with conditions appl. #2550-02 - A & S Boats, Inc., two variance to section 10.2:  1) to allow building coverage of 34.1%; and 2) to allow existing impervious coverage of 99+/-% at 735 John Fitch Boulevard, GC zone.

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

Hardship:  Existing area is presently impervious coverage.

Conditions:

1.      Percentage of bituminous pavement can not be expanded beyond what is currently existing on site.  That percentage must be calculated and placed on the plans.
2.      Approval is conditioned upon site plan approval by the Planning & Zoning Commission.

ITEM:  Minutes

Motion to:  approved the minutes of June 6, 2002

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

ITEM:  Adjournment

Motion to:  adjourn the meeting at 9:40 p.m.

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


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