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ZBA 3-4-2004

MEMBERS PRESENT:        Chairperson Stephen Wagner, Thomas Berstene, Teri Dickey-Gaignat, and Sandi Jeski

ALTERNATES PRESENT:     Ronald Banks sitting for the vacant seat
        Joel Nadel
        Tim Moriarty

STAFF PRESENT:   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. #2606-04 – Getty Petroleum Marketing Inc., c/o Catapano Engineering, PC, 585 Broadhollow Road, Melville, NY, request for three variances to section 17.8.7:  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.

Commissioner Nadel did not participate in this public hearing.

Ms. Maria Ceccacci from Catapano Engineering returned to the Board representing Getty Petroleum Marketing, Inc.  She explained that she had appeared before the Board at the February 5, 2004 meeting, and she took into account the Boards recommendations and submitted revised plans changing the signage.  Ms. Ceccacci also explained that she drove by the site at night.  Heading west on Sullivan Avenue, it was noted that a large Angelo’s sign blocks the view of the canopy sign until you are almost on top of it.  Coming east there are trees that block the existing price i.d. sign.

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

Answering questions from the Board, Ms. Cecacci explained that she felt the u-haul advertisement, which is an industrial use, was not an issue.  If it is, it can be addressed.  The trees are not on Getty’s property.

Commissioner Berstene reviewed the signs that are being asked for.  The east and west elevations, the building sign, and the size and height of the existing free standing sign.  The existing free-standing sign will use the existing framework by replacing the plastic that will be lit up and the logo portion of the sign.

With no further questions, the public participation portion of this appeal closed at 7:45 p.m.

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.

Ms. Barbara Feehan, owner of Feehan Hearing Center came before the Board to represent this application.  She explained that the signs in question are the two wooden signs affixed to the building at 22 Morgan Farms Drive.  The previous tenant had both signs up for ten years.  The signs are in the same location and are the same size, but they have been repainted.

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

Answering questions from the Board, Ms. Feehan explained that she has been renting the property since September, 2003.  The second building sign has been there, it was just changed and then put back up.

Ms. Feehan told members that when she came into Town Hall to register a new business she said she was asked about signage.

Michele Lipe, Assistant Planner stated that the applicant is a new business in town and when she questioned the signage on the property, she was advised what the regulations allow.  When the Zoning Enforcement Officer was going to sign off on the permit, there were two signs rather than one.  Staff advised the applicant that if she wanted the second sign, a variance would be necessary.

Ms. Feehan stated that the signs would be necessary in order for her existing customers to find here safely.  There is a free-standing sign with multi tenants on it.  Ms. Feehan explained that her business name is being added to that sign. Commissioner Nadel asked that after her name is added to the free-standing sign, does she feel a sign would be necessary on the fascade facing Sullivan Avenue.  Ms. Feehan responded that the free-standing sign is very small and would create a traffic safety issue.

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

Appl. #2607-04 – Town of South Windsor, 1540 Sullivan Avenue, request for a 36’ variance to section 10.2 to allow a structure (sanitary sewerage pump station) 14’ from the front property line (50’ required) at 1055 Avery Street, A-30 zone.

Mr. Fred Shaw from the Town of South Windsor, Public Works Department came before the Board to represent this application.  Mr. Shaw explained that the town is requesting a 4’ setback for an existing wastewater pump station.  The Town is in the process of planning to upgrade all of the pump stations throughout the Town because the stations are 24+ years old.  The existing chemical building on the site will be removed.  A smaller building will be constructed to house the control panel board, a generator and a fuel tank.  The building will be made to look residential with vinyl siding, windows and gabled roof.  The intent is to upgrade in order to provide for the next 25 to 30 years of service.

No one from the public spoke in favor or opposition tot his appeal.

Commissioner Berstene suggested that the Town go to the Planning & Zoning Commission to ask for an amendment to the regulations regarding pump stations, since this is the second time before the Zoning Board of Appeals.

Answering questions from the Board, Mr. Shaw explained that the existing structure is presently 36’ into the 50’ setback.  A decorative pvc fence will replace the chained link fence around the pump station.  The control panel, generator and fuel tank will be housed within a smaller building enclosure which will look residential.  The proposed structure will be slightly larger.  The old equipment with be replaced with new equipment, and it will be moved to the right of the center of the property as shown on the plan.  The chemical building will be to the south west corner of the property, inside of the fence.

With no further questions, the public participation portion of this appeal closed at 8:05 p.m.

Appl. #2608-04 – Church of the Living God, 199 Deming Street, Manchester, CT., request for two variances:  1) to section 4.1.8(b) to allow 64% impervious coverage (50% allowed); and 2) to section 10.2 to allow lot coverage of 14%, (10% allowed) for church expansion from 21,400 square feet to 48,520 square feet, plus associated parking lot expansion at 750 Deming Street, RR zone.

Attorney Leonard Jacobs, 146 Main Street, Manchester came before the Board to represent this application.  Attorney Jacobs explained that the Town line goes right through this parcel on a diagonal basis.  The entire building is in South Windsor, and existing parking.  The access drive from Deming Street is in Manchester.  Previously on

this piece of property, there was a much larger commercial proposal, but with so much opposition, the area was never rezoned to commercial.  The denial of this zone change left this parcel in limbo.  The best use for this piece would be expansion of the church because it would then serve as a buffer between the commercial zone and residential zone.  In order for the church to expand, two variances are necessary.  The first variance being requested is to allow lot coverage of 14% where 10% is allowed and the second one is to allow 64% impervious coverage where 50% is allowed.  A hardship believed that exists is the split by a town line, which divides one parcel by two towns.  It is the applicants belief that this parcel should be looked at as one parcel.  The purpose of impervious surface and building lot coverage is to try to control the use on a single lot.  If this were considered as one parcel, the lot coverage variance would not be necessary.

Mr. Peter DeMallie came before the Board.  He explained the church was established in Farmington in 1983.  When the church relocated to Manchester in the early 1990’s, the congregation had grown to approximately 150 families.  In February 1992, at the present location, the site plan was approved with a 21,400 square foot building.  The whole building is on the South Windsor portion of the lot.  There is also a 5,400 square foot multi purpose building at this site and 199 parking spaces.  There is no available land that could be acquired in order to make this property conforming.  The proposed building addition footprint is estimated at 27,120 square feet and would include a sanctuary with seating for an additional 1200.  Parking would be expanded from 199 spaces to 494.  Mr. DeMallie reviewed the hardships and difficulties he felt applied to this application.

Attorney Jacobs concluded this presentation by stating if the variance is denied, the church will have two options.  One would be to stay at this location and suffer through with what they have and the other is to move to another location.  The acquired land would become available for sale and therefore could be developed commercially.  This is not what the church or the surrounding community would like to see happen.

Public in favor

Mr. Dave Mullen who is the Pastor of the church came before the Board.  He explained that the church was started in 1983 in South Windsor with eight members.  By the time the church moved to its existing location, it had grown to a congregation of 150 families.  Presently the congregation has grown to approximately 400 families.  There have been a number of instances where we had to close the parking lot and turn people away because there was not enough room.


Mr. Paul Bourque, 67 Brewster Road, South Windsor, came before the Board.  He stated that he has been attending the church for 8 or 9 years.  He also stated that at different times of the year, it becomes very difficult to get in and out of the church property.

Ms. Audrey Wasik of 29 Carman Road, South Windsor, came before the Board.  She explained that she is in the neighborhood and lives on the Town line with part of her property in South Windsor and part in Manchester.  Ms. Wasik stated that this proposal has the potential of limiting major infringements into the established adjacent residential areas.  Ms. Wasik felt this development would not have detrimental effects and hopes the Board will take these variances into consideration.

Mr. Gene Sullivan of 834 Pleasant Valley Road came before the Board.  He stated he has found the church to be a very caring and giving church.  The church is also a good neighbor.

Ms. Mary Peppin explained that she feels it is important to let the church grow because it is a responsible part of the community.  Allowing the church to grow is truly a win win venture.

Mr. Almo Kahe, 135 Valley View Drive told Board members that he has been a member of the church for three years.  He stated it is a wonderful place and hopes the Board goes along with the plan.

Ms. Jane Bickford, 42 Ivy Lane explained she has been a member of the church since 1985 and even moved to South Windsor in order to be close to the church.  There are outreach programs that the church would like to expand, but they lack the space within the facility to presently do that.

Ms. Kim Cox, 450 Foster Street, said she became a member of the church three years ago and it has had a great impact on her children.

Ms. Nicole Paulan, 25 Mohegan Trail, stated she enjoys the church.

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

Answering questions form the Board, Mr. DeMallie explained that the parking spaces will all be 9’ x 18’.  He also stated that .92 acres of the original piece of property was sold.  If 104 parking spaces were eliminated on the project, this project would probably not be able to be accomplished.

Mr. Alan Lamson, an Architect with FLB Architecture explained that the proposed sanctuary will have stadium seating and explained more of the architecture features of the building.

Ms. Karen Isherwood from Design Professionals explained how the drainage in this area would work.

Attorney Jacobs explained that the Commission could place conditions on the Manchester property as long as the applicant has offered the condition.  If the Town line were to be ignored, the South Windsor regulations state that a lot is a parcel of land under one ownership, which is the case here.

Pastor Mullen told the Board that if 3,000 square feet were eliminated from the proposed building, the church would lose a lot of functional square footage that they really need.

With no further questions, the public participation portion of this appeal closed at 9:35 p.m.

5.      Appl. #2609-04 – South Windsor Police Department, request for a variance to section 17.8.4.h to allow a second 27 square foot free-standing sign (one 32 square foot free-standing sign allowed) at 151 Sand Hill Road, RR zone.

Chief Gary Tyler from the South Windsor Police Department came before the Board to represent this application.  He explained that he is before the Board requesting a second sign that will identify the South Windsor Police Department.  The existing signs will be taken off of the brick and replaced with new wooden signs that will be on top of the existing brick.  The existing sign is in a V configuration and is considered two signs.  Also being placed on the sign is the street number to identify the property.

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

Answering questions from the Board, Chief Tyler explained that the background of the sign will be blue and the letters will be in gold.

Commission members discussed the V shape of the sign. It became the unanimous decision that the V shape is necessary in order for people traveling from all directions to be able to see the sign.


With no further questions, the public participation portion of this appeal closed at 9:47 p.m.


DELIBERATIVE SESSION

ITEM:  Appl. #2608-04 – Church of the Living God, 750 Deming Street, RR zone.

Motion to:      approve with conditions appl. #2608-04 – Church of the Living God, 199 Deming Street Manchester, CT, a variance to section 10.2 to allow lot coverage of 14%, (10% allowed) for church expansion from 21,400 square feet to 48,520 square feet, plus associated parking lot expansion at 750 Deming Street, RR zone.

Was made by Commissioner Berstene

Hardship:       The property is split between two towns.  If this were considered one lot, a variance would not be required.  However, since the building resides entirely on the South Windsor side, the property is not large enough in South Windsor to accommodate the building expansion and therefore a variance is necessary.

Conditions:

The variance will become effective once the two lots are combined into one legal lot.
The variance approval is contingent upon site plan approval by the South Windsor Planning & Zoning and Manchester Planning & Zoning Commission.

The approval is based on the plans presented at the public hearing which showed the footprint for the building in South Windsor with the associated parking in Manchester.

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

Commission members discussed the parking, and egress and ingress to this property.

Motion to:      approve with conditions appl. #2608-04 – Church of the Living Goad, 199 Deming Street, Manchester, CT, a variance to section 4.1.8(b) to allow 64% impervious coverage (50% allowed) at 750 Deming Street, RR zone.


Was made by Commissioner Berstene

Hardship:

The lot is setback from both streets approximately 200 feet, requiring 10,000 square feet of additional impervious coverage in access drives.
Lot configuration does not allow shifting of impervious coverage (parking) between South Windsor and Manchester.
The property is split between the two towns and would have come closer to meeting the basic requirements if the property were entirely in one town.

Conditions:

The variance will become effective once the two lots are combined into one legal lot.
The variance approval is contingent upon site plan approval by the South Windsor Planning & Zoning Commission Manchester Planning & Zoning Commission.
The approval is based on the plans presented at the public hearing which showed the footprint for the entire building in South Windsor with the associated parking in Manchester.

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

ITEM:   Appl. #2606-04 – Getty Petroleum Marketing Inc., c/o Catapano Engineering, PC, 569 Sullivan Avenue, I zone.

Motion to:      Approve with conditions appl. #2606-04 – Getty Petroleum marketing Inc., c/o Catapano Engineering, PC, 585 Broadhollow Road, Melville, NY, two variances to section 17.8.7:  1) to allow a 59 square foot free standing sign, 16’ 1.5” high (24 square feet, 10’ high allowed); 2) to allow two canopy signs of approximately 15.5 square feet each, at 569 Sullivan Avenue, I zone.

Was made by Commissioner Berstene

Hardship:       The signs must be visible so that motoring public can have ample time to make a safe and proper entrance into the facility.

Condition:      All other signs on the property must be in compliance.

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

ITEM:  Appl. #2607-04 – Town of South Windsor, 1055 Avery Street, A-30 zone

Motion to:      approve appl. #2607-04 – Town of South Windsor, 1540 Sullivan Avenue, a 36’ variance to section 10.2 to allow a structure (sanitary sewerage pump station) 14’ from the front property line (50’ required) at 1055 Avery Street, A03- zone.

Was made by Commissioner Berstene

Hardship:

The size and location of the lot.
It is not feasible to relocate the existing sewer lines.

Seconded by Commissioner Banks
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Appl. #2603-04 – Feehan Hearing Center, 22 Morgan Farms Drive, GC zone.

Commission members discussed the fact that a free standing sign for the business will be visible from Sullivan Avenue and therefore a second sign will not be necessary on the building.

Motion to:      deny appl. #2603-04 – Feehan Hearing Center, 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.

Was made by Commissioner Berstene

Reason for Denial:      There was no hardship related to the property.

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


ITEM:   Appl. #2609-04 - South Windsor Police Department – 151 Sand Hill Road,
        RR zone.

Motion to:      approve appl. #2609-04 – South Windsor Police Department, a variance to section 17.8.4.h to allow a second 27 square foot free-standing sign (one 32 square foot free-standing sign allowed) at 151 Sand Hill Road, RR zone.

Was made by Commissioner Banks

Hardship:       The property is at a three-way intersection, a second sign is necessary for public safety to gain access to the facility.

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

ITEM:  Minutes

Motion to:      approve with modifications - the minutes of February 5, 2004

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

Motion to:      extend the meeting past 11:00 p.m. to finish discussion on agenda items.

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


ITEM:  Adjournment

Motion to:  adjourn the meeting at 11:05 p.m.

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


________________________________
Deborah W. Reid, Recording Secretary
0Recording Secretary