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ZBA 6-16-2005 (special mtg)
         
MEMBERS PRESENT:        Chairperson Stephen Wagner, Thomas Berstene and Teri Dickey-Gaignat

ALTERNATES PRESENT:     Tim Moriarty sitting for Sandi Jeski
        James Kupchunos sitting for Ronald Banks

Motion to:      go into Executive Session at 7:09 p.m. to discuss pending litigation.

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

Motion to:      adjourn Executive Session at 7:59 p.m.

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

Chairperson Wagner called the meeting to order at 8:00 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 move his business from East Hartford to this location at 524 Burnham Street.  The business will sell a few vehicles from this location.  This will accommodate the higher cost of this building compared to the one in East Hartford.

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

Answering questions from the Board, Mr. Fonseca explained that there will be no more than three vehicles for sale at any given time.  There will not be any banners or flags on the vehicles that are for sale.  The fenced in area can hold approximately thirty vehicles.  

The Board discussed in the length the variance that is being requested.   The Board felt the variance request unnecessary because it appears that this is a continuation of a nonconforming use, and has always been used in the same manner.

With no further questions, the public participation portion and public hearing closed at 8:30 p.m.



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

Commissioner Moriarty recused himself from these hearings because he is also a member of the Water Pollution Control Authority.

Mr. Fred Shaw, Superintendent of Pollution Control came before the Board to represent these applications.  He explained that he is seeking variances on existing pump stations at 1535 Ellington Road, 947 Pleasant Valley Road, and 372 Rye Street.  He would like to upgrade the equipment, some below ground equipment will be brought above ground, and have the pump stations look more residential by creating a house like effect.  There will be vinyl siding with a roof and a fence that will surround the structure.  

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

Answering questions from the Board, Mr. Shaw explained that he felt the hardships to be the size of the locations and also the fact that the pump stations can not be moved.  The Pleasant Valley pump station will look like it belongs with the condos and there will be landscaping around the building to make it look nicer.  

With no further questions, the public participation portion and public hearing closed at 8:45 p.m.

DELIBERATIVE SESSION

ITEM:  Appl. #2646-05 – Town of South Windsor, 1535 Ellington Road, RR zone

Motion to:      approve appl. #2646-05 – Town of South Windsor, 1549 Sullivan Avenue, three variances to section 10.2 for pump station improvements:  1) a 35’ variance to allow a structure 15’ from the front property line (50’ required); 2) a 14’ variance to allow a structure 6’ from the side property line (20’ required); and 3) a 43’ variance to allow a structure 7’ from the rear property line (50’ required), at 1535 Ellington Road, RR zone.

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

Hardship:

The size of the property creates difficulty upgrading or making any improvements to the pump station.
There is existing piping underground which dictates the area for the structure to cover.
This is a necessary municipal use.

ITEM:  Appl. #2647-05 – Town of South Windsor, 947 Pleasant Valley Road, MF zone

The Board would like the Town to work closely with the Condo Association regarding the appearance of the pump station.

Motion to:      approve appl. #2647-05 – Town of South Windsor, 1540 Sullivan Avenue, a variance to section 3.10.3 for pump station improvements to allow modification of an existing nonconforming structure at 947 Pleasant Valley Road, MF zone.

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

Hardship:

The size of the property creates difficulty upgrading or making any improvements to the pump station.
There is existing piping underground which dictates the area for the structure to cover.
This is a necessary municipal use.

ITEM:  Appl. #2648-05 – Town of South Windsor, 372 Rye Street, RR zone

Motion to:      Approve appl. #2648-05 – Town of South Windsor, 1540 Sullivan Avenue, two variances to section 10.2 for pump station improvements:  1) a 44’ variance to allow structure 6’ from the front property line (50’ required); and 2) a 16’ variance to allow structure 34’ from the rear property line (50’ required), at 372 Rye Street, RR zone.


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

Hardship:

The size of the property creates difficulty upgrading or making any improvements to the pump station.
There is existing piping underground which dictates the area for the structure to cover.
This is a necessary municipal use.

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

Motion to:      deny with out prejudice appl. #2650-05 – Paul Fonseca, 25 Earl Street, Vernon, CT., a variance to section 5.9.3 to allow an auto repair/sales business at 524 Burnham Street, I-291 CD zone.

Was made by Commissioner Moriarty

Reason for denial:      The Board deems this variance not necessary because it appears that this request is a continuous nonconforming use, which has not been abandoned.

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

Motion to:      approve with conditions appl. #2650-05 – Paul Fonseca, 25 Earl Street, Vernon, CT., 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 CD zone.

Was made by Commissioner Berstene
Seconded by Commissioner Dickey-Gaignat


Conditions:

Up to three parking spaces outside the fenced in area are allowed to display vehicles for sale; all other vehicles are to be stored inside of the fenced in area.
No vehicles shall be stored outside that are under repair or in disrepair, this would also include parts from any vehicles.
For sale signs are to be displayed on the vehicles only.

The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to:      adjourn the meeting at 9:20 p.m.

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


________________________________
Deborah W. Reid
Recording Secretary