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ZBA 4-7-2005

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

ALTERNATES PRESENT:     Ronald Banks sitting for vacant seat
        Tim Moriarty

Chairperson Wagner called the meeting to order at 7:00 p.m.  The Recording Secretary read the legal notice as published in the newspaper

Chairperson Wagner stated for the record that application #2636-05 would not be going forward tonight because the Attorney’s briefs had not been received.  A special meeting would need to be scheduled in order to discuss this item.  The Board discussed possible dates to meet and it was decided that Wednesday, May 4, 2005 the Board would hold a special meeting.

Chairperson Wagner told Board members that Commissioner Nadel has resigned from the Zoning Board of Appeals.

Appl. #2639-05 – John & Alma Hernandez, 47 Hitchcock Way, Design Residence Zone

Ms. Alma Hernandez came before the Board to represent this application.  She explained that she would like to better utilize the current space she has.  The addition of the garage would be in line with the majority of the homes in the development.  There are two homes in the cul-de-sac that have an addition above the garage.  Affordability was the concern of the Planning & Zoning Commission at the time the development was approved.  In August a house in the development sold for $250,000, initially bought for $160,000.  In January another house sold for $240,000.  Affordability in this development is no longer a concern.

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

Answering questions from the Board, Ms. Hernandez explained that she does not have a specific hardship on the property, but would like the Board to realize that the majority of homes already have additional square footage and did not need a variance.  Ms. Hernandez stated that her property is approximately ¼ of an acre and is a pie shaped lot.  There is 8-10 acres behind the house that is not buildable and owned by the Town.  

When asked if she had considered constructing an addition above her existing one car garage, Ms. Hernandez stated that the additional garage bay is necessary and they would prefer to have the additional living space as requested.  


Michele Lipe, Assistant Planner explained to the Board that a Designed Residence Development has no lot lines.  This is not a subdivision, so lot lines are not recognized from a zoning perspective.  Zoning does recognize separating distances between structures which basically allows a development like this to own the land in common.  
This type of development was created to give first time homebuyers an opportunity to get into the market.  As development of this area got underway, there was a zoning amendment of the regulations, which allowed for developers to construct larger homes for tradeoffs, such as reduction in price of the “affordable” units.

With no further questions, the public participation and public hearing were closed at 7:20 p.m.

Appl. #2640-05 – Bernie’s Services, Inc., 11 Sea Pave Road, I-291 Corridor Development zone

Mr. Bernard Guay came before the Board to represent this application.  He explained that his business provides roadside assistance to all the Chevrolet and Dodge dealerships for the new cars that they have sold.  The vehicles get towed back to the dealerships, there are no vehicles that get towed to the shop.  Mr. Guay said that he did notice a letter of complaint regarding his business and stated that he would do anything possible to accommodate them.

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

A letter from George and Jacqueline Parsons was received speaking in opposition to this appeal, (Attachment A).

Answering questions from the Board Mr. Guay explained that he operates his business with three tow trucks.  The trucks are taken home at night by employees who in turn will get called if there are any vehicles that need to be towed.  There are six parking spaces that are provided for this business, but no vehicles are stored at this location.  There is one garage bay, which is 2,700 square feet.  No repairs will be done for the general public, but Mr. Guay stated he would like to maintain his own vehicles in the bay at this location.   

With no further questions, the public participation portion of this appeal and the public hearing closed at 7:40 p.m.

ITEM:   Appl. #2639-05 – John & Alma Hernandez, 47 Hitchcock Way, Design Residence zone

Commission members discussed at length that they felt there was no hardship on the property demonstrated that would allow them to approve this, but they did feel it should be denied without prejudice.

Motion to:      deny without prejudice appl. #2639-05 – John & Alma Hernandez, two variances:  1) a 3’ variance to section 4.5.3.F to allow a garage addition 17’ from an existing structures (20’ required); and 2) a variance to section 4.5.4.A to allow a 575 square foot addition – totaling 2,231 square feet, (1,400 square feet allowed) at 47 Hitchcock Way, Design Residence zone.

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

The Board denied this request because there was no hardship demonstrated.

ITEM:   Appl. #2640-05 – Bernie’s Services, Inc., 11 Sea Pave Road, I-291 Corridor Development zone

Commissioner Berstene felt that the engines of the tow trucks should be shut down at night if they need to go to the shop for any period of time.

Commissioner Dickey-Gaigant stated that there should be no repairs to the public, and there should be clarification of the correct address of this location.

Motion to:      approve with conditions appl. #2640-05 – Bernie’s Services, Inc., Bernard Guay, a State Hearing under section 14-55 of the General Statutes and section 3.13 of the zoning regulations to allow a general repairers license at 11 Sea Pave Road, I-291 Corridor Development zone.

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

Conditions:

Repairs are limited to vehicles that are owned by the company and are to be done only inside of the building.

No vehicles are to be left outside that are in disrepair.

No vehicles shall be left idling on the property from 7:00 p.m. to 7:00 a.m.

ITEM:   Approve of Minutes

Motion to:      table action on the minutes until the Special Meeting scheduled May 3, 2005.

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

ITEM:  Other Business

Election of Officers

Motion to:      Nominate Stephen Wagner as Chairperson for the Zoning Board of Appeals.

Was made by Commissioner Jeski
Seconded by Commissioner Banks

Motion to:      Nominate Thomas Berstene as Vice Chairperson for the Zoning Board of Appeals.

Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Banks

Motion to:      Nominate Sandi Jeski as Secretary for the Zoning Board of Appeals.

Was made by Commissioner Berstene
Seconded by Commissioner Banks

Motion to:      close the nominations for Officers.

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

The motion for all nominations:  carried
The vote was as follows:  unanimous

ITEM:  Old Business

Revised Information Sheet

Changes to the information sheet were discussed and will be brought to the next scheduled meeting to be reviewed further.

ITEM:  Adjournment

Motion to:      adjourn the meeting at 9:13 p.m.

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


________________________________
Deborah W. Reid
Recording Secretary