MEMBERS PRESENT: Chairperson Stephen Wagner, Marjorie Anthony, Thomas Berstene, Terri Dickey-Gaignat, and Sandi Jeski
ALTERNATES PRESENT: Ronald Banks
Paul Oates sitting for Terri Dickey-Gaignat for appl. #2596-03
STAFF PRESENT: Town Attorney Barry Guliano, Michele Lipe, Assistant Planner and Debbie Reid, Recording Secretary
The meeting was called to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper.
ITEM: New Business
Appl. #2603-04 – Feehan Hearing Center, request for a variance to section 17.8.7 to allow a second building sign, 24 sq. ft. (one building sign allowed), at 22 Morgan Farms Drive, GC zone.
Chairperson Wagner explained that the required signs were not posted and therefore the hearing on this application would need to be heard at the next scheduled meeting.
2. Appl. #2604-04 – John & Kathleen Maura, request for an 8’ variance to section 10.2 to allow a porch to be 32’ from the building line, (40’ required) at 165 Judy Lane, A-20 zone.
Mr. Don DiFiore, a contractor for the applicant came before the Board to represent this application. He explained that the applicant would like to move the front door of their house over 3 feet. When the permit was sought to build a larger landing, it was found that the existing landing is already in violation. The applicant would like a larger landing so that the existing sidewalk will go up to the steps of the proposed landing.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. DiFiore explained that eventually the applicant would like to construct a roof over the landing. The landing will be made of the trex artificial decking and the railing will be made of vinyl. The hardship stated was that there is a need for a landing.
With no further questions, the public participation portion of this appeal closed at 7:45 p.m.
Appl. #2605-04 – Paul Oates, request for a 20’ variance to section 10.2 to allow a shed 0’ from the side property line (20’ required) at 935 Main Street, A-40 zone.
Mr. Paul Oates came before the Board to represent this application. He stated that he would like to locate a 12’ x 16’ shed up to 0’ from the property line. This would allow for the right of way to be maintained. There is a flood plain in the rear of the property. After getting permission to place the shed in the flood plain from the Wetland Enforcement Officer, it became evident that the area is too wet to locate a shed.
No public spoke in favor to this appeal.
Mr. Joel Nadel of 135 Edgewood Road came before the Board to make a couple of points that the Commission should take into consideration. First he noted that the application was not signed by the applicant. He questioned if the applicant had been the individual who had subdivided the property. If this was subdivided by the applicant, Mr. Nadel stated that the applicant then created his own hardship. Mr. Nadel felt that a 12’ x 16’ shed would not prevent access to the rear of the property from the driveway as stated by the applicant.
Answering questions from the Board, Mr. Oates explained that the driveway will be extended so there is not an opportunity to place the shed behind where the current driveway is listed. The desire is to place the shed toward the side of the property in order to maintain the view of the property. To place the shed behind the house, or towards the north, would locate the shed in the flood plain. Directly behind the house there are two large trees, and it is not level there. If the shed were located towards the front of the property, it would impact the character of the neighborhood. The house was built in 1740.
Chairperson Wagner asked the applicant if there was any distance the applicant could provide away from the boundary? Mr. Oates estimated between 5 to 10 feet from the line.
With no further questions, the public participation portion of this appeal closed at 8:05 p.m.
Appl. #2606-04 – Getty Petroleum Marketing, Inc., c/o Catapano Engineering, PC, 585 Broadhollow Road, Melville, NY, request for three variances to section 7.8.7: 1) to allow a 59 square foot free standing sign, 16’ 1.5” high (24 square feet, 10’ high allowed); 2) five building signs totaling 60.6 square feet of building signage (one sign of 34 square feet building signage allowed); and 3) to allow canopy signage: a) two illuminated signs approximately 15.5 square feet each; and b) one non-illuminated sign approximately 10 square feet, at 569 Sullivan Avenue, I zone.
Michele Lipe, Assistant Director of Planning informed the Board members that the reference number used for this variance should have been 17.8.8 not 17.8.7.
Ms. Maria Ceccaci of Catapano Engineering came before the Board to represent Getty Petroleum Marketing, Inc. Ms. Ceccaci explained that Getty is looking to rebrand a large portion of their stations to Luke Oil Stations. The arrows are part of the logo. The free-standing sign will have no change in the square footage. The west and east canopy signs are illuminated and both sides to be visible driving on Sullivan Avenue, which will be used for safety of the consumer. The north elevation will have the same affect as the west and east elevation, but will not be illuminated.
No one from the public spoke in favor to this appeal.
Mr. Joel Nadel came before the Board. The first item he brought to the Boards attention was that #6 on the application was left blank. Presently at the subject property there are six signs. According to the application, they are requesting nine signs. It is stated on the application that gasoline service stations are unlike any other retail business. Mr. Nadel did not agree with this statement. The Commission will need to seriously consider the impact nine signs would have. The regulations only allow one free-standing sign and one building sign.
Michele Lipe, Assistant Planner explained that some of the signs, specifically the arrow signage, are part of the Luke Oil logo and considered a sign per the regulations.
Answering questions from the Board, Ms. Ceccaci explained that the use at this facility will not change the station will be cleaned up. Any signage that is not there by variance will be taken down. Ms. Ceccaci told Board members that she could take comments made by the Board back to Getty Petroleum and return to the next scheduled meeting with revised plans. Ms. Ceccaci then explained that she could probably have eliminated the canopy sign on the north elevation, and the two building signs on the east and west elevation. The illuminated canopy signs are desired because they catch the customers eye better than the free-standing sign. From the site plan, it looks like the building is back behind the canopy, therefore the Mini Market sign is not visible.
Motion to: continue the public hearing on appl. #2606-04 – Getty Petroleum Marketing Inc., c/o Catapano Engineering, PC, 585 Broadhollow Road, Melville, NY request for three variances to section 17.8.8: 1) to allow a 59 square foot free standing sign 16’ 1.5” high (24 square feet, 10’ high allowed); 2) five building signs totaling 60.6 square feet of building signage (one sign of 34 square feet building signage allowed) and 3) to allow canopy signage: a) two illuminated signs approximately 15.5 square feet each; and b) one non-illuminated sign approximately 10 square feet, at 569 Sullivan Avenue, I zone.
This would allow the applicant the ability to come back to the Board with an updated proposal.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Town Attorney Barry Guliano recommended that the applicants representative come back to the next meeting with all the necessary information on the application filled out.
With no further discussion, this application was continued to the next scheduled meeting at 8:27 p.m.
ITEM: Minutes
Motion to: approve the January 8, 2004 minutes
Was made by Commissioner Anthony
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Motion to: approve the January 13, 2004 minutes
Was made by Commissioner Anthony
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Motion to: approve the January 29, 2004 minutes
Was made by Commissioner Anthony
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
DELIBERATIVE SESSION
Motion to: deny without prejudice appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a variance to section 4.3 to allow a second house on a lot 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
Reason for denial: The applicant failed to show a hardship on the property which was not self imposed.
Motion to: approve appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a modification to a prior condition to a variance, approval dated 9/2/76, to allow 5 fuel delivery trucks to be garaged overnight on the premises (2 fuel delivery trucks allowed) at 1199/1209 Sullivan Avenue, A-20 zone.
Commission members felt this does not change the character of the neighborhood.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Hardship: Changes in Federal regulations governing the subject business rendered the conditions set as unreasonable and unenforceable.
Motion to: approve appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a modification to a prior condition to a variance, approval dated 9/2/76, to allow 2 service trucks to be parked outside of the garage on the premises during non-working hours; and a maximum of 7 service trucks may be parked on the premises during working hours (6:00 a.m. to 7:00 p.m.) at 1199/1209 Sullivan Avenue, A-20 zone.
Commission members discussed inlength the hardship they felt was associated with this request.
Was made by Commissioner Berstene
Seconded by Commissioner Oates
The motion: carried
The vote was as follows: unanimous
Hardship: Reasonable expansion of the business.
Motion to: approve with conditions appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a modification to a prior condition to a variance, approval dated 9/2/76, to allow a four bay garage extension to the current building at 1199/1209 Sullivan Avenue, A-20 zone.
Commission members acknowledged that the trucks could be fenced or garaged. Given the interest of surrounding neighbors to maintain their property values, it was felt that the trucks should be placed in a garage versus an open fenced area.
Was made by Commissioner Berstene
Seconded by Commissioner Oates
The motion: carried
The vote was as follows: unanimous
Hardship: Homeland Security requirements stipulate how said trucks must be stored, which caused the 1976 conditions to be unreasonable and unattainable with the current three bay garage.
Condition: Approval is contingent upon site plan approval by the Planning & Zoning
Commission.
Motion to: deny without prejudice appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a modification to a prior condition to a variance dated 9/2/76, to allow the number of fuel oil storage tanks to remain on the property.
Was made by Commissioner Berstene
Seconded by Commissioner Oates
The motion: carried
The vote was as follows: unanimous
Commission members noted that since 1976, the fuel oil storage tanks have been changed and/or upgraded in accordance with Town and State regulations.
Reason for denial: No hardship related to the property was present and the use of these tanks should be reviewed with the Town Attorney and Zoning Enforcement Officer to ensure that their continued use complies with regulations as varied.
Motion to: approve with conditions app. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a variance to section 3.A.2 (a) (1) to allow two driveways on the subject property at 1199/1209 Sullivan Avenue, A-20 zone.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Hardship: The layout of the current commercial use and the existing house creates a need for the second driveway. The second driveway will separate the commercial traffic from residential traffic.
Condition: Approval is contingent upon site plan approval by the Planning & Zoning Commission.
Motion to: deny without prejudice appl. #2596-03 – John J. Mitchell, 1209 Sullivan Avenue, a 50’ variance to section 4.3.10 to eliminate buffer (50’ required) at 1199/1209 Sullivan Avenue, A-20 zone.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Reason for denial: A buffer is not required by the zoning regulations (no variance required).
Motion to: approve appl. #2504-04 – John & Kathleen Maura, an 8’ variance to section 10.2 to allow a porch to be 32’ from the building line, (40’ required) at 165 Judy Lane, A-20 zone.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Hardship: Because the house is physically placed 2’ from the setback, there is not enough room to allow safe egress from the house without the appropriate steps or landing.
Motion to: approve appl. #2605-04 – Paul Oates, a 20’ variance to section 10.2 to allow a shed 0’ from the side property line (20’ required) at 935 Main Street, A-40 zone.
Was made by Commissioner Anthony
The motion: was not seconded
Motion to: approve appl. #2605-04 – Paul Oates, a 10’ variance to section 10.2 to allow a shed 10’ from the side property line (20’ required) at 935 Main Street, A-40 zone.
Commission members felt that a shed should be at least 10 feet from the property line.
Was made by Commissioner Anthony
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Hardship: The topography of the land and the wetland location prevents the shed from being placed further back on the property.
ITEM: Old Business
Discussion regarding abutter letters
After a brief discussion the Board proposed to review and make the necessary changes to the ZBA by-laws in conjunction with making a decision on the abutter letters.
Motion to: table discussion regarding abutter letters.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
ITEM: Correspondence
The Connecticut Federation of Planning & Zoning Agencies will be holding their annual meeting at the Aqua Turf Country Club on Thursday, March 18, 2004. The event will begin at 5:00 p.m. and dinner will be served at 6:00 p.m. The following members have voiced their interest in attending: Marjorie Anthony, Stephen Wagner, Theresa Dickey-Gaignat and Sandra Jeski.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:50 p.m.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows
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Deborah W. Reid, Recording Secretary
Recording Secretary
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