MEMBERS PRESENT: Chairperson Stephen Wagner, Tom Berstene, Teri Dickey-Gaignat, Sandi Jeski and Joel Nadel
ALTERNATES PRESENT: Ronald Banks sitting for appl. #2627-04 and Tim Moriarty
Chairperson Wagner called the meeting to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper
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. #2623-04 – Elaine D. Gerlt, c/o Wayne C. Gerlt, Esquire, P.O. Box 1132, South Windsor, CT., request for the following variances to section 10.2 for proposed lot #2: a 15’ variance to allow lot frontage of 135’ (150’ required); and a 5,200 square foot variance to allow lot area of 24,800 square feet (30,000 square feet allowed) for property located at 318 Felt Road, AA-30 zone.
Attorney Wayne Gerlt came before the Board to represent this application. He explained that he would like to request that this subdivision be allowed to proceed through all of its phasing under the original plan and old regulations. In September of 1985, the Ridgefield subdivision was approved and it was stated that any other phases that are in the works should be done under the old regulations, even if there are 50 more phases. From that point future phases of the approved subdivision were complete under the old regulations. In 1993, there was a subdivision that had five lots that were constructed under the old regulations.
Attorney Gerlt explained that he would like to request a 15’ variance on the frontage along Felt Road. This lot will have 135’ instead of 150’. Lot width of 128’ would be provided rather than 150’. Also requesting an area variance of 25,165 square feet rather than the 30,000 square feet required. These requests are for one lot, the other two lots meet the necessary requirements.
Mr. Gerlt stated that if these variance requests were approved, it would not substantially effect the comprehensive plan and would be in harmony with the lots on Felt Road and most of the lots in the Ridgefield subdivision.
No one from the public spoke in favor or opposition to this appeal.
Public comments
Mr. Richard Mrugala, 37 Ridgefield Drive came before the Board to comment on this application. He stated that he feels the house being constructed is too close to the neighboring house. The variances being requested go beyond what a single-family residence should be. This is a very small subdivision.
Mrs. Janet Whitbeck of 25 Ridgefield Drive came before the Board to comment on the application. She expressed here concern about the size of the house that will be constructed on these parcels. There was also a concern about he buffer between the properties. Mrs. Whitbeck would like to see the buffer remain.
Answering questions from the Board, Attorney Gerlt explained that the Planning and Zoning Commission denied this request because they felt that the timeframe had expired, and it was not the same developer and applicant when approval was done previously. Attorney Gerlt stated that since approval in 1985, there have been two different developers that have constructed subdivisions under this approval.
Ms. Michele Lipe, Assistant Planner told Board members that there is subdivision approval timeframe that is under the State Statutes. The timeframe is five years and if the subdivision were not constructed in the five-year period, the developer would need to come back for subdivision approval. Attorney Gerlt stated that this five-year limitation has nothing to do with phasing. The Statute applies to completion of sewers, paving and improvements, etc. All of the improvements are done for this subdivision including these lots.
The Hardship is the way the current regulations are being applied to this parcel. This parcel should be under the old regulations as it was stated back in 1985.
Chairperson Wagner asked the Town Attorney what the stipulations are of overriding the Planning & Zoning Commissions’ decision? Attorney Guliano responded that he would answer that question at the next scheduled meeting.
Attorney Gerlt explained that he and his wife had purchased 1.95 acres of land. They were in the process of developing a subdivision plan based on the AA-30 open space regulations that were in effect prior to 1999. Because it is an open space subdivision, it was denied. The parcel at 318 Felt Road can not comply with the new open space regulations because it is not a big enough parcel.
Attorney Guliano explained the situation with this areas is that there is a subdivision approved, but the different phases had not all been approved. There is recent action by Legislature in response to the State Appellate Court decision in a case, which had to do with whether once a subdivision has been approved if any subsequent changes in
regulations can be applied to that subdivision. Attorney Guliano stated he would have more information on this for the Board at the next meeting.
Attorney Gerlt told Board members that he is planning on keeping the trees to the rear as a buffer. He does not want to put a conservation easement in that area because it would be too restrictive and prevent a property owner from even clearing dead branches from the area.
Motion to: continue the public hearing for appl. #2623-04 – Elaine D. Gerlt, c/o Wayne C. Gerlt, Esquire, P.O. Box 1132, South Windsor, CT., for the following variances to section 10.2 for proposed lot #2: a 15’ variance to allow lot frontage of 135’; a 22’ variance to allow lot width of 128’; and a 5,200 square foot variance to allow lot area of 24,7800 square feet for property located at 318 Felt Road, AA-30 zone, to the October 7, 2004 meeting.
Was made by Commissioner Berstene
Seconded by Commissioner Nadel
The motion: carried
The vote was as follows: unanimous
Appl. #2625-04 – Home Comfort Now, LLC, Mr. Todd Brewer, 13 Highland Street, East Hartford, CT., request for the following variances to section 10.2 for proposed lot #2: a 15’ variance to allow lot frontage of 135’ (150’ required); a 22’ variance to allow lot width of 128’ (150’ required); and a 5,200 square foot variance to allow lot area of 24,800 square feet (30,000 square feet allowed) for property located at 318 Felt Road, AA-30 zone.
Mr. Steven Thompson from Home Comfort Now came before the Board to represent this application. He explained that there was a previous variance granted on this property in February 1989, which consisted of a deck encroaching on the setback by 12’ . Tonight’s request is to enclose that existing deck, making it a sunroom. Mr. Thompson explained that the request would also consist of constructing an open deck adjacent to the sunroom. The deck would require a 12’ variance.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Thompson explained that because of the septic system in the front, the footing drains, and the layout of the house, there is no other location to place the proposed deck. The requested variance will not encroach any further than the existing deck already does.
With no further questions, the public participation portion of this appeal closed at 9:10 p.m.
Appl. #2626-04 – Jesse Marselli, 16 Ruops Road, Tolland, CT., request for a State Hearing under section 14-54 of the General Statutes and section 3.13 of the zoning regulations to allow a general repairers license at 179 Commerce Way, I zone.
Mr. Jesse Marselli came before the Board to represent this application. Mr. Marselli explained that he would like to request approval for a general repairer license at 179 Commerce Way.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Marselli explained that the business will employ one other individual beside him. The business will do general repairs on vehicles. Business hours will be Monday through Friday 8:00am to 5:00 pm and Saturday hours will be from 8:00 am to 12:00 pm. There will be three designated parking spaces to be used for customer’s vehicles waiting to be repaired or overnight storage of customer vehicles. There will be no sales of vehicles on this property. Mr. Marselli told Board members that he has been in the automotive industry for 15 years and has all of the required certifications.
With no further questions, the public participation portion of this appeal closed at 9:20 p.m.
Appl. #2627-04 – Timothy Moriarty, 90 Skyline Drive, request for two variances: 1) a 30’ variance to section 10.4.1 to allow a 20’ buffer on the northeasterly corner of the lot (50’ buffer required); and 2) a 5’ variance to section 13.4a to allow a parking lot area with no perimeter screening (5’ required) at 1000, 1006 & 1014 Sullivan Avenue, GC zone.
Commissioner Berstene recused himself from this application. Commissioner Banks sat for Commissioner Berstene
Mr. Peter DeMallie came before the Board to represent this application. He explained that Mr. Leonard who is the abutting property owner has agreed to convey 2,300 square feet of property to Mr. Moriarty. The house that sits on Mr. Moriarty’s property will be
removed, as well as a building on Mr. Leonard’s property (previously known as Sunnyside Market). Mr. Moriarty’s property consists of approximately one acre while Mr. Leonard’s property is approximately 1-½ acres. Mr. Moriarty is proposing to construct a two-story building that has 5,000 square feet. There will be a shared access driveway for both properties. The proposal for the buffer will create consistency between parcels, because the two pieces of property that Mr. Leonard owns already has a variance for the buffer. Mr. DeMallie stated that in order for parking to be the rear, a variance will be necessary.
The following are hardships or extreme difficulties that the applicants representative presented to the Board:
The Leonard and Moriarty properties are being developed in an integrated fashion.
The subject parking is servicing both properties.
Because Mr. Leonard has agreed to convey property to Mr. Moriarty, the building being erected on 1014 Sullivan Avenue will be aligned with the existing buildings.
Parking lots for both properties will be aligned due to the building at 1014 being removed.
The shared access drive from Sullivan Avenue will follow the regulations.
Granting of the parking perimeter variance will not undermine the intent of zoning.
The adjoining residential property zone includes an existing buffer.
The Leonard property already has a 20’ buffer (30’ variance).
Approval of this variance will be consistent wit the previously approved variance for the Leonard property, and in recognition of the joint layout,
shared parking, shared vehicle circulation, shared stormwater drainage and coordinates grading.
The existing house on 1014 Sullivan Avenue is presently nonconforming. With approval of what is being requested, the property will become more conforming.
It would be possible to construct the proposed building on the property without a variance, but there would not be a common driveway or parking.
Public in favor
Mr. Ralph Hall, 1024 Sullivan Avenue came before the Commission to speak in favor of this appeal. He explained that he likes the idea of having a shared driveway. Mr. Hall did request that the dumpster’s closest to his house not be used for discarding of food.
He also asked that landscaping be done in a manner not to interfere with his satellite dish.
Mr. Scott Leonard felt that the full project was good.
No one from the public spoke in opposition to this appeal.
Answering questions from the Commission, Mr. DeMallie explained that the area where a variance is being requested to eliminate the buffer, is only the common property line between the Leonard and Moriarty properties. These two properties, although they re separately owned, will be an integrated development with shared parking and shared access. The Board discussed the issue of placing a condition on this application that would state approval is contingent upon the conveyance of the portion of the Leonard property. Mr. DeMallie stated there is a total of 83 or 84 parking spaces between both properties, but some will be lost in order to accommodate interior landscaping requirements.
With no further questions, the public participation portion of this appeal closed at 10:15 p.m.
Deliberative Session
ITEM: Appl. #2627-04 – Timothy Moriarty, 1000, 1006 & 1014 Sullivan Avenue, GC zone
Commission members discussed the elimination of the buffer, and decided that it would make the subject property more consistent with the adjoining property as an integrated parcel.
Motion to: Approve with conditions appl. #2627-04 – Timothy Moriarty, 90 Skyline Drive, request for a 30’ variance to section 10.4.1 to allow a 20’ buffer on the northeasterly corner of the lot (50’ buffer required) at 1014 Sullivan Avenue, GC zone.
Was made by Commissioner Nadel
Hardship:
The buffer reduction will create more consistency with adjoining property as an integrated parcel.
Create a safety condition with the design of a shared access driveway.
Condition: Approval is contingent upon the conveyance of the portion of the Leonard property, as shown on the plans submitted, (plans prepared by Design Professional dated 7-12-04, job #1880).
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: Approve with conditions appl. #2627-04 – Timothy Moriarty, 90 Skyline Drive, request for a 5’ variance to section 13.4a to allow a parking lot area with no perimeter screening on the common boundary line at 1000, 1006 & 1014 Sullivan Avenue, GC zone.
Was made by Commissioner Banks
Hardship:
The buffer reduction will create more consistency with adjoining property as an integrated parcel.
Create a safety condition with the design of a shared access driveway.
Condition: Approval is contingent upon the conveyance of the portion of the Leonard property, as shown on the plans submitted, (plans prepared by Design Professional dated 7-12-04, job #1880).
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2625-04 – Home Comfort Now, LLC, Mr. Todd Brewer, 560 Miller Road, RR zone
Motion to: Approve appl. #2625-04 – Home Comfort Now, LLC, Mr. Todd Brewer, 13 Highland Street, East Hartford, CT., request for two variances to section 10.2: 1) a 12’ variance to allow an open deck 38’ from the rear property line, (50’ required); and 2) a 12’ variance to allow a sunroom on an existing deck 38’ from the rear property line (50’ required) at 560 Miller Road, RR zone.
Was made by Commissioner Jeski
Hardship: The placement of the house on the property due to the location of the septic system to the front, the wetlands to the east and the footing drain creates difficulty placing the addition in any other areas.
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2626-04 – Jesse Marselli, 179 Commerce Way, I zone
Motion to: Approve with conditions appl. #2626-04 – Jesse Marselli, 16 Ruops Road, Tolland, CT., request for a State Hearing under section 14-54 of the General Statutes and section 3.13 of the zoning regulations to allow a general repairers license at 179 Commerce Way, I zone.
Was made by Commissioner Berstene
Condition:
1. Vehicles to be parking in the three designated parking spots out front or inside of the building.
2. Approval is contingent upon site plan approval by the Planning and Zoning Commission.
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Minutes
July 1, 2004 – Regular Meeting
Motion to: approve the July 1, 2004 minutes.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Wagner
The motion: carried
The vote was as follows: unanimous
August 5, 2004 – Special Meeting
Motion to: approve the August 5, 2004 minutes.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
The Board had a brief discussion regarding the extension of nonconforming structures. It was decided to have a discussion regarding A-30 open space zones at a later time.
ITEM: Old Business
Discussion regarding revised “Information Sheet”
Changes were brought to the Recording Secretaries attention. These changes will be complete and discussed at the next schedule meeting.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:55 p.m.
Was made by Commissioner Berstene
Seconded by Commissioner Nadel
The motion: carried
The vote was as follows: unanimous
______________________________
Deborah Reid, Recording Secretary
| 
