MEMBERS PRESENT: Chairperson Stephen Wagner, Marjorie Anthony, Thomas Berstene, Terri Dickey-Gaignat, and Sandi Jeski
ALTERNATES PRESENT: Paul Oates sitting for Terri Dickey-Gaignat
Tim Moriarty
GUEST: Robert Warren, former ZBA Chairperson
The meeting was called to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper.
ITEM: Other Business
It was the unanimous consensus of the Board to act on the Election of Officers at the beginning of the agenda.
Election of Officers
Motion to: Elect Stephen Wagner as Chairperson of the Zoning Board of Appeals.
Was made by Commissioner Anthony
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: Elect Thomas Berstene as Vice Chairperson of the Zoning Board of Appeals.
Was made by Commissioner Anthony
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Motion to: Elect Sandi Jeski as Secretary of the Zoning Board of Appeals.
Was made by Commissioner Anthony
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
ITEM: New Business
Appl. #2602-04 – Wendy Varley, request for two variances: 1) to section 17.8.7a -to allow a building sign not attached to a structure; and 2) to section 17.8.7b -to allow a second free standing sign 9 square feet in size, at 395 Buckland Road, RC zone.
Mr. Walter Mealy of 111 Dogwood Lane came before the Board to represent this application. Mr. Mealy explained that the applicant is requesting a free standing sign, which is 9 square feet, and a building sign that is not attached to the structure.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Ms. Varley explained that there is an existing freestanding sign on the premises, which displays two businesses at this location. There is also a temporary permitted sign displaying the salon. The temporary sign is presently located in the area where it is proposed to be permanently.
Michele Lipe, Assistant Planner came before the Board to clarify the variances being requested. She explained that the request is a two-part variance. The first request is for a second freestanding sign. The regulations clearly state that only one free standing sign is allowed. The second request is to allow a sign that is not attached to a structure.
Ms. Varley told Board members that there is not enough space on the freestanding sign to include her business. The sign would need to be modified extensively. The temporary salon sign is in a good location and has brought in fourteen new customers since it was erected.
With no further questions, the public participation portion of this appeal closed at 7:50 p.m.
Chairperson Wagner stated that the next item is a continuation from the November 6, 2003 meeting. The following Commission members will be sitting for this application: Commissioners Berstene, Wagner, Anthony, Oates and Jeski.
Appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, request for six variances: 1) a modification to a prior ZBA approval dated 9/2/76 to allow 5 oil trucks (2 oil trucks allowed), 7 service trucks (2 service trucks allowed), existing fuel oil storage tanks to remain, and a 4 bay garage addition; 2) a 50’ variance to section 4.3.10 to eliminate buffer (50’ required); 3) a 10’ variance to section 10.4a to allow a 40’ buffer along the west property line (50’ required), and a 40’ variance to allow a 10’ buffer along the north property line (50’ required); 4) a variance to section 3.A.2a to allow 2 driveways on subject property (1 driveway allowed); 5) a variance to section 3.10.7 to allow extension of a non-conforming use;
and 6) a variance to section 4.3 to allow a second house on a lot (1 house allowed) at 1199/1209 Sullivan Avenue, A-20 zone.
Mr. John Mitchell of 40 Windy Hill Drive came before the Board. He explained that he is the owner of property located at 1199/1209 Sullivan Avenue. Mr. Mitchell stated that he appeared before this Board twenty-seven years ago. The property had two non-conforming uses on it. At that time, the Board approved the request because it was felt that the use being proposed was not more objectionable than the prior non-conforming uses. The prior use on the property was for a business, which housed 24 school buses on the property since 1937. Mr. Mitchell stated that now twenty-seven years later, situations have changed.
A letter from Mrs. Pricilla Snow of 1019 Strong Road speaking in favor of this application was submitted into the record.
Mr. DeMallie reviewed the five variances that are being requested and explained that the request for a 40’ variance to allow a 10’ buffer along the north property line has been withdrawn. Clarifications and hardships that are felt to be related to this application were then reviewed:
If the Zoning Board of Appeals chooses to approve this application, a condition that the applicant shall upgrade fuel tanks would be consistent with e recommendations of The Connecticut Water Company. This would better protect the public water supply well.
Prior to Mitchell Fuel occupying the premises, Frank Bus Company was there and they had approximately 24 buses that were stored and serviced on the premises. These large commercial vehicles were visible from Sullivan Avenue, thus this site has a history of visible commercial use.
The construction of a four-bay garage will allow for overnight storage of fuel delivery trucks. This will be an aesthetic enhancement on the property and will also allow the trucks to be in an enclosed and secure environment, which is consistent with the recommendation of Home Land Security and other Federal and State agencies.
The construction of a four-bay garage will add to the commercial tax base of the Town of South Windsor.
The increase in the number of oil delivery trucks is due to the regulations of the IRS and other State and Federal agencies, which require that certain fuels necessitate a dye and other be in a clear form.
The existing shed along the northerly property line will be removed.
This proposal will have a net loss of two driveways, which is consistent with the goals and objectives of Access Management zoning regulations of this roadway. The significant reduction in driveway width and locations will accommodate new landscaping in front of the business, thus enhancing the frontage of the subject property and making it a little bit more residential in character.
A variance is necessary in order to save the historic residence at 1275 Sullivan Avenue. The only area this house could be relocated is to the north for a short distance, due to the power lines. Even if this were approved, there are other physical and economic obstacles that may arise to preclude the implementation of this proposal.
Mitchell Fuel has been operating from this location since 1973, and has operated from South Windsor since its founding in1957. It is a conforming commercial use in the A-20 residential zone.
The applicant proposes to convey 0.29 acres to Corner Meadow LLC in order to accommodate a shared driveway. The applicant and Corner Meadow LLC will be required to enter into a shared driveway agreement as required by the new Access Management regulations. This agreement will consist of future maintenance of the driveway.
The variance request associated with the buffer reduction to 0 feet is due to the requirement that the abutting Corner Meadow Senior Residence Development supply a full 35 feet landscaped buffer. This will provide a full screening effect between the residential uses to the south and Mitchell Fuel.
The Corner Meadow Senior Residence Development will be required to have a landscaped buffer along its north, west and southerly boundaries which will provide additional screening effects for the properties to the south.
The Corner Meadow Senior Residential Development will be providing substantial open space in the back part of the 11 acres and will be contiguous to the land preserve.
Vehicular access through the Mitchell property has been examined and will be satisfactory.
If the Zoning Board of Appeals chooses to approve this application, proposed garage addition, driveway modifications, parking modifications, common driveway and senior residence development will require subsequent site plan approval by the Planning & Zoning Commission. The senior residence development will require special exception approval by Planning & Zoning Commission, which requires a public hearing by State law.
Mr. DeMallie stated that it is believed the overall application, if granted, will provide for a more attractive Sullivan Avenue streetscape, improved driveway access and reduction in the off-site impacts that is visual, audio and environment for the existing commercial use. It is also felt that the residential character of the site has been reinforced. The proposal is still more objectionable than the prior Frank Bus Company approved by this Board in 1976.
Public
In favor
Mr. Robert Warren came before the Board to speak in favor of this application. Mr. Warren stated that back in 1976, the ZBA welcomed this application because the Bus Company was not very attractive and Mr. Mitchell had significantly improved the looks of the property. The number of trucks used at this facility have outgrown the number of bays, so it would be appropriate for the additional bays to be constructed in order to house the vehicles and keep the
property attractive. The proposed landscaping will be a significant improvement. The change in ingress and egress will be beneficial to the traffic operation on Sullivan Avenue.
Mr. James Throwe, 1330 Main Street, came before the Board to speak in favor to this appeal. He felt an existing oil company that has been in business for thirty years is seeking to improve their property.
Mr. Walter Mealy of 111 Dogwood Lane came before the Commission to speak in favor of this application.
Mr. Joel Gordon of 101 Windy Hill Drive came before the Board to speak in favor of this appeal. He stated that it is good to see a business prosper and grow. The additional bays will not only have an aesthetic value, but also will make the business more efficient.
Opposition
Mr. Paul Roulier, 1180 Strong Road came before the Board to speak in opposition to this appeal. The major concern in this area is an environmental issue. Mr. Roulier gave the Commission several dates and violations that he felt occurred.
April 6, 1981 – installed a 2,000-gallon storage tank for gasoline with a pump. This is a change of use on the property and was never approved by ZBA. There is no license with the Department of Consumer Protection to sell gasoline.
April 23, 1984 – installed a 1,000-gallon propane tank pump. This is a change of use on the property and was never approved by ZBA.
May 17, 1988 – installed a 1,000-gallon kerosene tank, which is a change of use and did not come before ZBA for approval.
The plan states a 275-gallon tank, but permit says 1,000 so there is a question regarding that.
December 22, 1998 – removal of a 2,000 underground tank, installed a different 2,000-gallon tank – never applied to the ZBA for change of use.
The DEP was not notified about any tanks being removed from this property. No soils have been tested to determine contamination of the site.
Mr. Roulier then summarized his concerns with comments regarding statements made by the applicants’ representative.
Mr. Mark Millward of 1200 Strong Road came before the Commission to speak in opposition to this application. He stated that he is concerned that no water testing has been done. There are wetlands to the rear of the property, which is part of the Major Michael Donnelly Preserve. The Town should be concerned about that area being contaminated. Mr. Millward also is concerned about the type of leak detection equipment that is installed on the tanks. There is a kerosene tank on the premises which is a change of use and was never applied for. It was stated at the
November 6, 2003 meeting that Mr. Mitchell sells diesel fuel and gasoline to a few customers, he does not have a retail sales permit. A 500-gallon underground gasoline storage tank was removed on March 3, 1999. DEP was not aware of this removal and there is no information provided that any type of soil testing was done. On December 22, 1998 there was a building permit issued to remove a 2,000-gallon underground storage tank. The permit is vague, does not tell the type of tank and there is no DEP data explaining any type of soil testing that should have been done. A letter dated December 23, 2003 states that Mitchell Fuel does not and will continue not to store chemicals outdoors, yet I have submitted pictures dated December 25, 2003
and January 7, 2004 which show approximately eight 55 gallon barrels in white bags on a pallet stored on the site. There were about five or six more also on the site. When Mitchell Fuel was originally approved by ZBA, he was allowed two service trucks, but now he has five. Mr. Millward believes this to be an expansion of this business.
Mr. John Mitchell came before the Commission to respond to concerns made. Mr. Mitchell stated that the company does use approximately 10,000 gallons of gasoline per month. This gasoline is delivered to commercial accounts. Mitchell Fuel uses 1,000-gallons for their own use. On April 6, 1981 there was a 2,000-diesel tank installed, not gasoline, because the majority of our vehicles are diesel. Mr. Mitchell explained that all business conducted on the premises has been through the permit process and has been done in the proper process. If there were a leak anywhere in the system, an alarm would sound.
Answering questions from the Board, Mr. DeMallie explained that it is the applicant’s intention to store five fuel delivery vehicles inside the garage. All except two of the seven-service delivery vehicles will go home with employees at night. The two other vehicles will be stored outside overnight. The two extra garage bays will be used for storage as they are presently.
Michele Lipe, Assistant Director of Planning told Board members that a variance would be necessary on the fuel tanks if they are generating a new use on the site. If there is an approval, the Board could condition it to make sure that new uses are not going to be from a result of those tanks.
Mr. Bruce DeVanney, Vice President of Environmental Services came before the Board. He submitted a form from the State of Connecticut, Department of Environmental Protection that documents the underground tanks on the property that are regulated. There is a 2,0000-gallon tank listed for diesel fuel and a 1,000-gallon tank listed for gasoline. They both exceed the current requirements with regards to leak detection. The wells spoken of earlier are monitoring wells, not ground water wells, so water testing could not be done in them. When tanks were replaced or removed, DEP put the onsite inspection onto the local Fire Marshall.
Commissioner Berstene verified the number of tanks at this site. There are three tanks that are used for the business. One is a 2,000-gallon tank, a 1,000-gallon tank and a 275-gallon above ground tank. The other two tanks are used for the heating for the buildings on the property.
Mr. Bruce DeVanney explained that the leak detection system will detect a leak from the tank and it meets the requirements of the regulations. Two tanks on the property that are not regulated are proposed to be removed.
Answering additional questions from the Board regarding the second house on the property, Mr. DeMallie explained that the applicant would like to preserve the Town’s history by moving this house. It is required that the frontage of where the house is proposed to be moved requires 150 feet. If in the future someone decided they would like to subdivide this property, an approval by the Town would be necessary.
The buffer would be required on the north side, west side and south side of the senior housing development.
With no further questions, the public participation portion of this appeal closed.
DELIBERATIVE SESSION
ITEM: Appl. #2602-04 – Wendy Varley, 395 Buckland Road, RC zone
Commission members discussed the signs on the premises. It was the unanimous decision of the Board that a 36 square foot sign could not properly advertise three businesses because of the speed in which traffic travels on the street.
Motion to: Approve appl. #2602-04 – Wendy Varley, a variance to section 17.8.7b to allow a second free standing sign 9 square feet in size, at 395 Buckland Road, RC zone.
Was made by Commissioner Berstene
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Hardship
1. There is not enough room on the existing signage to add a 3rd business to it.
2. Due to the speed of traffic on the road, a 36 square foot sign would not be large enough to read.
Motion to: Deny appl. #2602-04 – Wendy Varley, a variance to section 17.8.7a to allow a building sign not attached to a structure at 395 Buckland Road, RC zone.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Reason for Denial
The sign could be attached to the structure, would be in conformance to the regulations and have the same affect as the sign being requested.
Can not see the sign from the street at it is being proposed.
ITEM: Appl. #2596-03 – John J. Mitchell, 1199/1209 Sullivan Avenue, A-20 zone
Commissioner Oates stated that the variances for a modification to a prior ZBA approval dated 9/2/76 to allow 5 oil trucks (2 oil trucks allowed), 7 service trucks (2 service trucks allowed), existing fuel oil storage tanks to remain, and a 4 bay garage addition and a variance to section 3.A.2a to allow 2 driveway on subject property (1 driveway allowed) are all attempting to extend and modify the current use and add garage space. The business use has stayed the same, but regulations have changed, requiring more service vehicles. The variance requests for a 50’ variance to section 4.3.10 to eliminate buffer (50’ required) and a 10’ variance to section 10.4a to allow a 40’ buffer along the west property line (50’ required), and a 40’ variance to allow a 10’ buffer along
the north property line (50’ required) regarding buffer requirements and driveways are related to Access Management stipulations.
Commission members discussed the buffer requirement. It was stated that the buffer would be required if the Senior Residential Development is constructed. The buffer is required on both sides of the zone line (between residential & commercial zones) that is being established. There are three contingencies that will need to be placed on this application if it is approved. The property will need to be conveyed in order to accommodate a shared driveway; if that property is conveyed, then the buffer requirement will be necessary; and future site plan approval will be necessary by the Planning & Zoning Commission.
The Commission also discussed the second house being placed on the property. Commissioner Berstene quested whether the size of the property is big enough to warrant a hardship to put a second house on this lot? There needs to be a hardship associated with the property in order for the Commission to allow a second house on the lot.
Motion to: table appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, request for six variances: 1) a modification to a prior ZBA approval dated 9/2/76 to allow 5 oil trucks (2 oil trucks allowed), 7 service trucks (2 service trucks allowed), existing fuel oil storage tanks to remain, and a 4 bay garage addition; 2) a 50’ variance to section 4.3.10 to eliminate buffer (50’ required); 3) a 10’ variance to section 10.4a to allow a 40’ buffer along the west property line (50’ required), and a 40’ variance to allow a
10’ buffer along the north property line (50’ required); 4) a variance to section 3.A.2a to allow 2 driveways on subject property (1 driveway allowed); 5) a variance to section 3.10.7 to allow extension of a non-conforming use; and 6) a variance to section 4.3 to allow a second house on a lot (1 house allowed) at 1199/1209 Sullivan Avenue, A-20 zone.
Was made by Commissioner Berstene
Seconded by Commissioner Oates
The motion: carried
The vote was as follows: unanimous
The Commission scheduled a special meeting for Tuesday, January 13, 2004 at 7:00 p.m. The only item that will be discussed will be appl. #2596-03.
ITEM: Other Business
Commissioner Berstene reviewed the costs that are associated with the application process (Attachment A).
Motion to: increase the application fee to $150.00 in order to cover operating costs and State costs. This fee will be implemented for any applications received for the March 2004 meeting.
Was made by Commissioner Anthony
Seconded by Commissioner Berstene
The motion: carried
The vote was as follow: unanimous
ITEM: Old Business
Abutter Letters
Motion to: table discussion on abutter letters until the next scheduled meeting.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Size of “application pending” signs
The Commission decided that this subject would be discussed when the signs in stock are depleted and new signs will need to be ordered.
ITEM: Correspondence
Chairperson Wagner informed the Commission of two letters that he had received. One letter was from Commissioner Anthony, which stated that she is submitting her resignation from the Zoning Board of Appeals. She has been on the Board for 15 years. The resignation will be effective on February 12, 2004, (Attachment B).
The second letter is also from Commissioner Anthony addressing Mayor Havens and the Council members (Attachment C).
The Planning and Zoning Commission would like to meet with the Zoning Board of Appeals in February.
ITEM: Minutes
Motion to: table decision regarding minutes until the December 4, 2003 meeting.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 11:00 p.m.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows
________________________________
Deborah W. Reid, Recording Secretary
Zoning Board of Appeals
| 
