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ZBA 6-2-2005
         
MEMBERS PRESENT:        Vice Chairperson Thomas Berstene, Teri Dickey-Gaignat and Sandi Jeski

ALTERNATES PRESENT:     Ronald Banks sitting for vacant seat, Tim Moriarty and James Kupchunos

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

Appl. #2642-05 – Dealer Appearance Repair, LLC, 280-320 Sullivan Avenue,

Mr. Joe Luginbuh from Dealer Appearance Repair came before the Board to represent this application.  He explained that he is requesting to use the old Atlas Metal building for a used car general repair facility.  The business is a wholesale company, which repairs vehicles for Southern Auto Sales or other individuals who use the auction.  There would not be any vehicles for sale in the front of this location.

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

Answering questions from the Board, Mr. Luginbuhl explained that vehicles will be stored in the six parking spaces to the rear of the building, in the shed to the rear of the building and in the building. J There is a parking lot between the building and storage shed which can not be seen from the road.  The business takes in vehicles, fixes them and brings them back to be auctioned off.  There are approximately twenty vehicles that are worked on in a week.  There are presently myself, my partner, my wife and two part time employees that work at the facility.  Once the business is moved, two more employees may be hired.  Vehicles outside will be employees cars or ones that are complete.

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

Appl. #2643-05 – A & S Boats, Inc., 735 John Fitch Boulevard, GC zone

Mr. Mark Passeri came before the Board to represent his application.  He explained that he would like to request to be allowed to build a new shop facility for his employees.  Previously there was an approval for this on July 21, 2002, but the building was too small.  Recently more property, which surrounds this site was purchased and now the building can be constructed larger with the transfer of property.  The impervious coverage on the property will not change because even the new piece that will be transferred is paved.  Mr. Passeri also explained that he would like to request a used car license.  The business takes in vehicles and motorcycles for trade ins on

boats.  Without realizing this we have been doing this illegally and would like to be doing business legally.

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

Ms. Karen Bachelle of 206 Pleasant Valley Road came before the Board to express some concerns she has.  She stated that there seems to be a lot of used car license applications.  There was a stand of trees that have been taken down; the area has Eagles, Hawks and Owls; there has been crime on Rte. 5 and would hope that the applicant would keep his items behind locked gates; and the plants have not been maintained near the border of the property.

Vice Chairperson Berstene explained that although there are a lot of used car licenses being issued, a lot of them are strictly a repair facility.

Answering questions from the Board, Mr. Passeri explained that a part of lot #2 is being transferred to lot #1.  The restaurant on lot #2 will be staying until further decision have been made regarding it.  There was a strand of pine trees taken down, but was done after speaking with the Building Department.  Eventually the plan is to construct a storage facility on this property, which would be located behind the trees that were left on the property.

With no further questions, the public participation portion of this appeal and public hearing closed at 7:49 p.m.

Appl. #2644-05 – Unlimited Motor Sports & Paint, Inc., 701 Nutmeg road North, I zone

Mr. Chad Longo came before the Commission to represent this application.  He explained that this business is presently located at 665 Nutmeg Road North.  The business has outgrown its present location and would like to move to 701 Nutmeg Road North.  The building at 701 Nutmeg Road North is 14,000 square feet.

No one from the public came before the board to speak in favor or opposition to this appeal.

Mr. Rick Bamber of 315 Strong Road came before the Board to get more information regarding this business because his home is adjacent to this location.  Mr. Bamber asked that the following questions be answered:

Will this business be a day time operation?
What type of noise levels will there be?
Will the smell of the paint overlap the area?
Would like to know if the landscaping that faces his property will be taken care of?

Ms. Karen Bachelle stated that her residence is next to a commercial building and she has similar problems related to the noise on the weekends and landscaping that has not been taken care of.

Answering questions from the Board, Mr. Longo explained that he is currently located at 665 Nutmeg Road North which is a 7,500 square foot building.  The building that he will be relocating to is 14,000 square feet.  Mr. Longo would like to have no vehicles that are under repair parked outside at his new location.  The hours of operation will be 8:00 a.m. to 5:00 p.m.  Weekends consist of working on their own private racecars which are also raced on the weekend.

Mr. Longo stated that the noise level is kept under control.  The only machine that is used that could create noise is a dynamonitor, but is used on a seldom basis.  The paint odor should have no effect on the neighborhood because the business owns a state of the art spray booth that goes through a multi filtration system.  The whole business will be moved from 665 Nutmeg Road North to 701 Nutmeg Road North.

With no further questions, the public participation portion and public hearing closed at 8:05 p.m.

Appl. #2645-05 – Anthony J. Bonito, 80 John Fitch Boulevard, I-291 CD zone

Mr. Tony Bonito came before the Board to represent this application.  He explained that he purchased the station on April 11, 2005 and would like to remove six signs totaling 500 square feet and replace them with one sign totaling 264 square feet.  The sign would create a safer situation.  The price can be changed electronically from inside the building. J The sign will be able to be read more easily by the motoring public.

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

Answering questions from the Board, Mr. Bonito explained that he had placed the sign regarding the public hearing in the window of the store in order to keep it safe from weather conditions.

There was a discussion regarding the address of the store.  Mr. Bonito stated he would change the address on the front of the store to 280 John Fitch Boulevard.  The new sign would be installed where the present signage is located.  The old signage (six signs) will be removed.  The sign will be approximately twelve feet from the road.

Michele Lipe, Assistant Director of Planning explained that the Board would be taking a nonconforming situation and when a variance is granted, it become a legal situation.

With no further questions, the public participation portion and public hearing on this appeal closed at 8:16 p.m.

Appl. #2649-05 – Sullivan Town Homes, LLC, c/o Leonard Jacobs, Esquire, 20 Strawberry Lane and 40 Strawberry Lane, MF-AA zone

Mr. Sudhakar Nagardeelekar came before the Board to represent this application.  He explained that he would like to request a variance to section 10.2 to allow an addition within the required front yard and also a variance to section 3.10.3 to allow enlargement of an existing nonconforming building.

The following are reasons why the applicant feels the variances should be approved:

The existing residence at 1135 Sullivan Avenue is a historic building and predates existing zoning.
The historic residence can not be removed without exceptional difficulty.
In 2001 the Planning & Zoning Commission agreed that this residence should be saved.
The construction of a garage will bring this house into conformance with the regulations.
The house is presently nonconforming.  The addition will be no closer than the house Is presently.
Thee was a zone change which created nonconformities.
Other homes in the area are also nonconforming to the front yard setbacks.
The proposed garage addition conforms to 75’ front yard requirement, however because of the 25 foot buffer requirement, the garage setback is larger.

Mr. Frank Ferrero who is representative of the unit owners came before the Board and stated that there is no one in the complex objecting to this variance.

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

Answering questions from the Board, Mr. Nagardeelekar explained that at the end of construction the house will be turned into a sellable unit.

With no further questions, the public participation portion and public hearing closed at 8:27 p.m.

Appl. #2650-05 – Paul Fonseca, 524 Burnham Street, I-291 CD zone

Mr. Paul Fonseca came before the Board to represent this application.  He explained that he would like to relocate his business from East Hartford to 524 Burnham Street, South Windsor.  Mr. Bonseca stated that he would like to sell a couple of vehicles per year.

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

Answering questions from the Board, Mr. Fonseca explained that his sign was posted in the window of the building where he would like his business.

Commissioner members discussed at length the ability for another person to sign the application of the owner when the owner has recently passed away.  It was decided that the Board would like the applicant to bring to the next meeting a letter showing the person who signed the application has the authority to do so.

Ms. Lipe also voiced her concern about the sign being displayed in the window.  She suggested that the applicant place the sign on the grass facing the road.

Motion to:      continue the public hearing for appl. #2650-05 – Paul Fonseca, 25 Earl Street, Vernon, CT., request for a variance to section 5.9.3 to allow an auto repair/sales business and a State Hearing under section 14-55 of the General Statutes and section 3.13 of the zoning regulations to allow a used car dealers license, (which includes a general repairers license), at 524 Burnham Street, I-291 zone.

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

The following applications will be heard at the June 16, 2005 meeting:

        Appl. #2646-05 – Town of South Windsor
        Appl. #2647-05 – Town of South Windsor
        Appl. #2648-05 – Town of South Windsor

DELIBERATIVE SESSION

ITEM:   Appl. #2644-05 – Unlimited Motor Sports & Paint, Inc., 701 Nutmeg Road North, I zone

Commission members discussed the conditions they would like on this application.


Motion to:      approve with conditions appl. #2644-05 – Unlimited Motor Sports & Paint, Inc., 665 Nutmeg Road North, a State Hearing under section 14-55 of the General Statutes and section 3.13 of the zoning regulations to allow a used car dealers license, (which includes a general repairers license), at 701 Nutmeg Road North, I zone.

Was made by Commissioner Banks

Conditions

No more than six vehicles to be stored outside.
No vehicles are to be left outside that are under repair or in disrepair.
The license at 665 Nutmeg Road North shall be surrendered.
No activity shall be conducted on Sundays which involves running motors.

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

ITEM:   Appl. #2645-05 – Anthony J. Bonito, 80 John Fitch Boulevard, I-291 CD zone

Commission members felt the property would look better aesthetically by getting rid of six signs and only erecting one.  It was also stated that the sign that would be allowed at this property would be very small and could create safety hazards for motorists passing by.

Motion to:      Approve with conditions appl. #2645-05 – Anthony J. Bonito, a variance to section 5.9.5.d to allow a free standing two sided sign totaling of 267 square feet for property located at 80 John Fitch Boulevard, I-291 CD zone.

Was made by Commissioner Kupchunos

Hardship        Given the speed limit of 50 mph on John Fitch Boulevard and the size of the sign allowed by the regulations, the Board feels there would be a safety issue for those trying to see the sign, slow down and pull into the gas station.

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

ITEM:   Appl. #2649-05 – Sullivan Town Homes, LLC, 20 Strawberry Lane and 40 Strawberry Lane, MF-AA zone.

Commission members discussed the fact that you can not move the house and it does predate the zoning regulations.

Motion to:      Approve appl. #2649-05 – Sullivan Town Homes, LLC, c/o Leonard Jacobs, Esquire, 146 Main Street, P.O. Box 480, Manchester, CT., a 14’ variance to section 10.2 to allow an addition 86.5’ from the front property line (100’ required) and to section 3.10.3 to allow enlargement and extension of a nonconforming structure at 20 Strawberry Lane and 40 Strawberry Lane, MF-AA zone.

Was made by Commissioner Dickey-Gaignat

Hardship        The house is presently nonconforming, but with the addition of a garage the house will be more into conformance with the regulations.
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

ITEM:   Appl. #2642-05 – Dealer Appearance Repair LLC, 280-302 Sullivan Avenue, I zone

Commission members discussed the ability for this type of business to only be doing wholesale business.

Michele Lipe, Assistant Director of Planning stated that the intent is to not have used cars for sale sitting outside.


Motion to:      Approve with conditions appl. #2642-05 – Dealer Appearance Repair LLC, 200-202 South Main Street, P.O. Box 661, East Windsor, CT., request for a State Hearing under section 14-55 of the General Statutes and section 3.13 of the zoning regulations to allow a used car dealers license, (which includes a general repairers license), at 280-302 Sullivan Avenue, I zone.

Was made by Commissioner Banks

Commission members discussed the conditions they would like placed on this application.

Conditions

No more than six vehicles to be stored outside in the rear of the building, as shown on the plans.
No vehicles shall be stored outside that are under repair or in disrepair.
No retail sales at this location.

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

ITEM:   Appl. #2643-05 – A & S Boats, Inc., 735 John Fitch Boulevard, GC zone

Commissioner Banks expressed his concern with the second lot.  If they take the back half of the second lot which is not paved and put a building on the back they are heading towards 99% impervious coverage.   Commission members discussed this further and decided that a condition should be placed on this application to address this issue.

Motion to:      approve with conditions appl. #2643-05 – A & S Boats, Inc., two variances to section 10.2:  1) to allow building coverage of 36.3% (30% allowed); and 2) impervious coverage of 99% +/- (65% impervious coverage allowed) at 735 John Fitch Boulevard, GC zone.

Was made by Commissioner Banks

Conditions

Combined development of lot # 1 and 2 can not exceed maximum building & impervious coverage allowed in the zone.
Transfer of land must occur prior to variance taking effect.

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

Motion to:      approve with conditions appl. #2643-05 – A & S Boats, Inc., a Stated Hearing under section 14-55 of the General Statutes and section 3.13 of the zoning regulations to allow a used car dealers license, (which includes a general repairers license), at 735 John Fitch Boulevard, GC zone.

Was made by Commissioner Banks

Conditions

No more than two vehicles to be stored outside for sale at any time.
Motorcycles and/or automobiles being offered for sale must be within the enclosed fenced area.
No vehicles are to be left outside that are under repair or in disrepair.

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

ITEM:  Minutes

Motion to:      table decisions on minutes for March 3, 2005 and May 5, 2005 until the next scheduled meeting.

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

ITEM:  Adjournment

Motion to:      adjourn the meeting at 10:20 p.m.

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


________________________________
Deborah W. Reid
Recording Secretary