MEMBERS PRESENT: Chairperson Stephen Wagner, Teri Dickey-Gaignat, Sandi Jeski and Joel Nadel
ALTERNATES PRESENT: Tim Moriarty sitting for Thomas Berstene, Ronald Banks and James Kupchunos
Chairperson Wagner called the meeting to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper
Motion to: go into Executive Session at 7:40 p.m. to discuss pending and potential litigation.
Was made by Commissioner Nadel
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Motion to: adjourn Executive Session at 8:45 p.m.
Was made by Commissioner Nadel
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: New Business
1. Appl. #2624-04 – Myles & Barbara O‘Reilly, request for the following variances: two variances to section 12.1a to allow a recreation vehicle 15’ from the side property line (20’ required); to allow a recreation vehicle 35’ from the front property line (50’ required) and a variance to section 12.1e to allow a recreation vehicle 32’ in length (maximum 27’ in length allowed), at 73 Palmer Drive, AA-30 zone.
Chairperson Wagner explained that Mr. & Mrs. O’Reilly had opted to continue their application to the December 2, 2004 meeting due to the length of time it will take to discuss the continued application #2623-04 – Elaine D. Gerlt, c/o Wayne C. Gerlt Esquire.
Motion to: continue appl. #2624-04 until the December 2, 2004 meeting – Myles & Barbara O’Reilly, request for the following variances: two variances to section 12.1a to allow a recreation vehicle 15’ from the side property line (20’ required); to allow a recreation vehicle 35’ from the front property line (50’ required) and a variance to section 12.1e to allow a
recreation vehicle 32’ in length (maximum 27’ in length allowed), at 73 Palmer Drive, AA-30 zone.
Was made by Commissioner Nadel
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
2. Continued 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); 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.
Chairperson Wagner reviewed the questions raised by the Board with Michele Lipe, Assistant Director of Planning (Attachment A).
Chairperson Wagner then asked to hear from Marcia Banach, Director of Planning, who had spoken with Attorney Gerlt at the beginning of this process. Ms. Banach came before the Board and explained that she could not remember all aspects of the conversation but knows she would never guarantee to anyone that they would receive an approval from a Commission. She was in agreement that the parcel showed up regularly on the concept plans. Ms. Banach said she would not doubt that she would have told Attorney Gerlt about the five lots across the street, that had been approved in the early 1990’s.
Attorney Gerlt stated that after reviewing regulations that he received from Town staff, he realized they were old regulations. He then reviewed new regulations and knew he would need a variance. The property was purchased in January of 2003 after discussions with Town staff. This parcel is the only one in Town that could go under the old regulations. The proposed lots will be in harmony with the other lots in the Ridgefield Subdivision.
Commission members discussed further the size of the homes being proposed versus the homes in the area. It was also suggested that development be reduced from three lots to two lots. Attorney Gerlt felt that development of a ¾ acre parcel is almost the same as development of a 1 acre parcel and the suggestion of only constructing two houses would create an undue hardship on this parcel. This would also not allow development as it was previously done with every parcel in the subdivision. This parcel is part of the original subdivision and the old regulations should apply.
Michele Lipe, Assistant Director of Planning stated that she would ask the Assessor what the value of the parcel would be if subdivided into two lots versus three lots.
Chairperson Wagner asked the applicant about the time gap in the development of this subdivision.
Attorney Gerlt informed Board member that this parcel was on conceptual plans that were approved but the parcel had never been subdivided.
Attorney Guliano stated that confiscation could constitute a hardship, but the issue of whether the Planning & Zoning Commission’s actions were arbitrary was not really a Zoning Board of Appeals issue.
Public
Mr. Richard Mrugala of 37 Ridgefield Drive came before the Board to speak in opposition to this appeal. He stated that the average size house in the subdivision is 2400 square feet on a one acre parcel. Mr. Mrugala feels that two house lots would be adequate, but three house lots would not be acceptable. Attorney Gerlt explained that two of the lots are fully conforming to the current conventional subdivision regulations.
Ms. Janet Whitbeck of 25 Ridgefield Drive came before the Board to speak in opposition to this appeal. She explained that the houses being proposed are too large for the subdivision and will look crowded. Attorney Gerlt responded that the houses in the Cornerstone subdivision are larger than what he is proposing.
No one from then public spoke in favor of this appeal.
With no further questions, the public participation portion of this application and the public hearing cosed at 10:10 p.m.
3. Appl. #2632-04 – Q. D. Enterprises, Inc., d/b/a Connecticut Auto Rescue, request for a State Hearing under section 14-55 of the General Statutes and 3.13 of the zoning regulations to allow a used car license at 522 Burnham Street, I-291 Corridor Development zone.
Mr. Dario Quinteiro came before the Board to represent this application. He explained that he would like to request a used car license. His business is presented located at 518 Burnham Street.
No one from the public spoke in favor of opposition to this appeal.
Answering questions from the Board, Mr. Quinteiro explained that he is moving his business to a better facility. His company presently has three rescue vehicles that will get dispatched out to help people that are having car problems. Any vehicles that are abandoned are taken back to his facility and ultimately sold if they remain unclaimed.
The Board discussed the number of vehicles that could be parked at the facility. It was decided not to restrict the business owner, but felt all vehicles should be stored out of sight in the fenced in area or in the building.
With no further questions, the public participation portion of this appeal closed at 10:40 p.m.
Motion to: extend the meeting to 11:20 p.m. in order to finish the agenda items.
Was made by Commissioner Nadel
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
4. Appl. #2633-04 – Robert Michalak & Cydnae M. Lopes, request for a 40’ variance to section 10.2 to allow a proposed garage 10’ from the front property line, (50’ required) at 465 Niederwerfer Road, RR zone.
Mr. Robert Michalak came before the Board to represent this application. He explained that he would like to construct a 28’ x 30' garage no closer than 10’ from the front property line. There is a large amount of wetlands on the property, which prevents placement of the garage in other locations. He also explained that the septic system and reserve area further impacts where a garage can be located.
Public
Mr. Eric Lopes who is the adjacent property owner explained that the garage would be 10’ from his property line and he would rather see it approximately 25’. He felt placing the structure 25’ away from the property line would not place it in the wetlands.
No one from the public spoke in favor to this appeal.
Answering questions from the Board. Mr. Michalak explained that the garage would be used for his cars which is a hobby for him. The only other land available is where the septic tank is located as well as the reserve septic. The rest of the property is too close to wetlands. The size of the garage was chosen in order to acquire the necessary space needed for the future. Mr. Michalak stated that the garage would be approximately 260’ from the neighbors house.
Michele Lipe, Assistant Director of Planning told the Board that Jeff Folger, the Town’s Environmental Planner, went to this site and helped locate the area for the garage.
Commission members discussed in length the neighbors concern and wetland concerns. It was decided that the Board would like more information from Jeff Folger regarding how far off the property line the structure could be placed before the public hearing is closed.
Motion to: continue the public hearing until the December 2, 2004 meeting for appl. #2633-04 - Robert Michalak & Cydnae M. Lopes, request for a 40’ variance to section 10.2 to allow a proposed garage 10’ from the front property line, (50’ required) at 465 Niederwerfer Road, RR zone, to the December 2, 2004 meeting.
Was made by Commissioner Banks
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: extend the meeting to 11:30 p.m. in order to finish the agenda items.
Was made by Commissioner Nadel
Seconded by Commissioner Jeski
The motion: carried
The vote was follows: unanimous
DELIBERATIVE SESSION
Motion to: approve with conditions appl. #2632-04 – Q.D. Enterprises, Inc., d/b/a Connecticut Auto Rescue, a State Hearing under section 14-55 of the General Statutes and 3.13 of the Zoning Regulations to allow a used car license at 522 Burnham Street, I-291 Corridor Development zone.
Was made by Commissioner Moriarty
Condition: All vehicles to be stored inside the fenced area or inside the building.
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Motion to: approve the meeting schedule for 2005.
Was made by Commissioner Nadel
The motion: failed (no second)
Motion to: Amend the 2005 meeting schedule to begin the meeting at 7:00 p.m. rather than 7:30 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Moriarty
Commission members decided they would like to discuss this issue further at the next scheduled meeting in order to have all regular members present to make a decision on this.
Motion to: Table discussion regarding the 2005 meeting schedule.
Was made by Commissioner Moriarty
Seconded by Commissioner Nadel
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Annual Report
The annual report was distributed to Commission members. Chairperson Wagner stated that he would review the annual report and have changes for the December 2, 2004 meeting.
ITEM: Adjournment
Motion to: adjourn the meeting at 11:30 p.m.
Was made by Commissioner Nadel
Seconded by Commissioner Moriarty
The motion: carried
The vote was as follows: unanimous
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Deborah W. Reid, Recording Secretary
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