MEMBERS PRESENT: Chairperson Stephen Wagner, Thomas Berstene, Teri Dickey-Gaignat and Sandi Jeski
ALTERNATES PRESENT: James Kupchunos sitting for vacant seat
Chairperson Wagner called the meeting to order at 7:00 p.m. The Recording Secretary read the legal notice as published in the newspaper
Appl. #2668-05 DBB Management, LLC & McGuire Road Associates, LLC, 59 & 67 McGuire Road, GC zone
Attorney Harold Cummings came before the Board to present this application. He provided a brief history of the site. He explained that when I-291 exit ramp was constructed, the access from McGuire Road to Rte. 5 was closed off. DBB Management bought property across the street which is zoned residential. When approaching the Planning & Zoning Commission requesting a zone change for this property, it was denied because there were concerns about the traffic in a residential area. The Planning & Zoning Commission requested that the applicant find a way to access Rte. 5 directly. Three years later a solution has been found. DBB Management has acquired an access easement from the owners at 95 John Fitch Boulevard (Ten Pin Bowl) which will allow direct access to Rte. 5.
Mr. Peter DeMallie from Design Professionals came before the Board. Mr. DeMallie explained the location of each building on the site and the location of surrounding structures. The southwesterly building on the property is 28.42 feet from the property line. Zoning requires a side yard of 10 feet and a buffer of 50 feet. The building on the northwest corner of the site is 32.44 feet from the front property line. Zoning requires a 50 foot front yard as well as a 50 foot buffer. The buildings pre-date the zoning regulations and were built when site plans were not required. The buildings could not be reasonably relocated to conform to today’s standards. The access to the building, located on the northerly side of the property is through the area that would be the buffer. There is also a
driveway that goes along the westerly property line. A new access is proposed to be constructed that would give this property direct access to Rte. 5 and will alleviate neighbors concerns on King Street and McGuire Road. This driveway will be used as the primary access to and from this site.
The site has gone through zone changes, approval for the driveway, securing easements, creation of a site plan and acquiring property. All this was in an effort to bring the property as close as possible in compliance with the zoning regulations.
The hardships on these properties are as follows:
1. Property pre-dates zoning.
2. When this property was developed, there was no requirements for site plans to be filed with the Town.
3. Buildings are closer to the property lines than allowed in today’s standards.
Attorney Cummings added that the purpose of a buffer is to screen commercial property from residential property. The property to the west, although is zoned residential, it has industrial uses on it. The property to the north is owned by the applicant and is zoned residential, but there are no plans to develop this property.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Attorney Cummings explained that the Planning & Zoning Commission denied an application for a zone change for the property to the north. The applicant wanted to change the zone from residential to general commercial. Neighbors appeared at the hearing to complain about the truck traffic on King Road and McGuire Road. At that point, the Planning & Zoning Commission suggested that an alternate route be sought in order to access Rte. 5 directly. Attorney Cummings added that this is a unique situation and except for the buffer requirement and the buildings being nonconforming, all other rules and regulations can be met.
Michele Lipe, Assistant Director of Planning stated that previously there was a zone change from residential to commercial on this property. There also has been a use change on the property which requires site plan approval by the Planning & Zoning Commission. Ms. Lipe explained that every time a site plan is submitted for a new use on site, it must address the current regulations.
Attorney Cummings informed Board members that with the site plan application, the uses on the property will be identified and documented in accordance with the zoning regulations. He also explained that the elimination of the buffer between residential and commercial property zones does not relinquish the Zoning Board of Appeals jurisdiction. If the applicant wishes to make any changes to the properties, they would have to come before the Board because the buildings are in a nonconforming zone.
Explaining buffer requirements to the Board, Ms. Lipe stated that when applying a buffer to a property, the buffer is measured closest to the property line and then the required setback is calculated in. If in this zone the buffer were eliminated, a 10 foot setback would remain. No structures can be placed in a setback, however pavement is allowed.
Attorney Cummings told the Board that the new access will be a private access serving only the Brannon’s properties.
Mr. DeMallie explained that parking issues for this property will be subject to the Planning & Zoning Commission. The reason a 0’ buffer is being requested is because there is an access drive to the west of the buildings. If the residential property to the north were developed, the residential property would be required to install a buffer between the properties. The Zoning Board of Appeals could place this as an approval condition.
With no further questions, the public participation portion and public hearing for this appeal closed at 8:05 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2658-05 – Mitchell Property Group, LLC, 38 Ident Road, I zone
The Board discussed the ability to eliminate or reduce the buffer requirement. It was decided that a reduction would meet the applicants needs.
Motion to: approve with conditions appl. #2658-05 – Mitchell Property Group, LLC, a variance to section 10.4.1 to allow the reduction of the 25’ buffer to 10’ , (to coincide with the 10’ side yard setback), for approximately 130 feet along the southerly boundary, for property located at 38 Ident Road, I zone.
Was made by Commissioner Kupchunos
Seconded by Commissioner Dickey-Gaignat
Hardship: The placement of the building which is too close to the property line. The buffer restricts the ability to safely turn the buses into the garage.
Condition: No structures to be constructed within 35’ of the lot boundary.
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2665-05 – Mitchell Property Group, LLC, 38 Ident Road, I zone
Motion to: approve appl. #2665-05 – Mitchell Property Group, LLC, a 7’ variance to section 10.2 to allow a communication antenna 3’ from the property line, for property located at 38 Ident Road, I zone.
Was made by Commissioner Dickey-Gaignat
Hardship: The proposed location of the tower is best suited to ensure safety of other properties, roads and structures.
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2659-05 – Mitchell Property Group, LLC, 90 Brookfield Street, GC zone
Commission members discussed the necessity of the storage sheds on the property and the hardships associated with the property.
Motion to: approve with conditions appl. #2659-05 – Mitchell Property Group, LLC for variances to section 10.4.1 to allow: 1) the reduction of the boundary from 50’ to 18’ for approximately 40’ along the northwesterly corner; and 2) the elimination of the 50’ buffer for approximately 100 feet along the southwesterly corner, for property located at 90 Brookfield Street, GC zone.
Was made by Commissioner Berstene
Hardship: The location of the wetlands to the south and east of the property and the placement of other structures on the property leaves limited space to place the proposed sheds.
Conditions:
1. The applicant/owner of the property continues to eliminate the unnecessary trailers on the property in accordance with the Planning & Zoning Commission site plan approval.
2. The 200’ x 40’ shed and 100’ x 40’ shed be located on the property as shown on the plans prepared by Zuvic Associates, Inc., dated 7/8/2005.
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2664-05 – The Grillo Family Limited Partnership, 498 Buckland Road, Buckland Gateway Development zone
Commission members discussed the ability for the applicant to bring the structure closer into conformity since they are now wishing to take the entire structure down and start from scratch, other than saving what they can of the foundation. If it is found that the foundation is not structurally sound, the foundation will be replaced also. It was found that there are other obstacles that would not allow the building to be moved.
Motion to: approve with conditions appl. #2664-05 – The Grillo Family Limited Partnership, modification to the four variances granted previously with appl. #2613-04 – to allow construction of a dental office on property located at 498 Buckland Road, Buckland Gateway Development zone.
Was made by Commissioner Kupchunos
Seconded by Commissioner Berstene
A 13’ variance to section 10.2 to allow a side yard of 12’ (25’ required)
Hardship:
1) The placement of the original structure conformed at the time it was built and the re-zoning of the property to the Buckland gateway zone requires larger setbacks.
2) The property line is not perpendicular to the structure, making the expansion encroach further into the side yard.
3) The two government takings for road widening have created the existing structure to become significantly nonconforming, making it difficult to use the property in conformance with the Town’s comprehensive plan.
Conditions:
1) Approval is based on the updated plans prepared by Design Professionals, Inc., last revised 7/1/2005.
2) The use is subject to site plan approval by the Planning & Zoning Commission.
3) The use is subject to an approved use in the zoning regulations.
A modification to allow a 27.1’ variance to section 10.2 to allow the front yard setback of the new structure to remain at 37.9’.
Hardship:
1. The placement of the original structure conformed at the time it was built and the re-zoning of the property to the Buckland Gateway zone requires larger setbacks.
2. The two government takings for road widening have created the existing structure to become significantly nonconforming, making it difficult to use the property in conformance with the Town’s comprehensive plan.
Conditions:
1. Approval is based on the updated plans prepared by Design Professionals, Inc., last revised 7/1/2005.
2. The use is subject to site plan approval by the Planning & Zoning Commission.
3. The use is subject to a permitted use in the zoning regulations.
A variance to section 3.10.3 to allow expansion of a nonconforming structure and an 8.7’ variance to section 10.2 to allow 56.3’ setback for proposed addition are both variances were deemed no longer necessary due to the changes in the plan.
The motion : carried
The vote was as follows: unanimous
ITEM: Appl. #2668-05 – DBB Management, LLC, 59 & 67 McGuire Road, GC zone
Commissioner Berstene stated that the Board appreciates the effort the owner is going through to bring this property into conformance with current regulations and being a good neighbor to other residence of McGuire Road.
Motion to: approve with conditions appl. #2668-05 – DBB Management, LLC & McGuire Road Associates, LLC, c/o Harold R. Cummings, Esquire, 1610 Ellington Road, P.O. Box 667, South Windsor, CT., for variances to section 10.4.1 to allow the elimination of the 50’ buffer required along the northerly and westerly boundary at 59 McGuire Road and the elimination of the 50’ buffer required along the northerly boundary at 67 McGuire Road, GC zone.
Was made by Commissioner Berstene
Hardship:
1. Placement of the structures predating zoning.
2. The situation was exasperated by the closing of the McGuire Road entrance onto John Fitch Boulevard and the construction of the I-291 exit.
Condition: In the event that the property to the west is developed residentially, the owner at 59 McGuire Road will be required to provide screening along the westerly boundary.
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2663-05 – Jon D. Berman & Frank W. Russo, 819 Clark Street, RC zone
Commissioner members discussed the change in the current request versus the request from 1990.
Motion to: approve with conditions appl. #2663-05 – Jon D. Berman & Frank W. Russo, for two variances: 1) a 15’ variance to section 10.2 to allow an addition 50’ from the front property line; and 2) modify a condition of the variance previously granted on 2/90 to allow further alterations of the building on property located at 819 Clark Street, RC zone.
Was made by Commissioner Jeski
Hardship: The position of the historic building on the property
Conditions:
1) No new buildings allowed to be constructed on the property, but alterations to existing structures in accordance with the covenant are allowed.
2) Replace the original 28’ front yard variance granted in 1990 with the 15’ front yard variance requested.
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
ITEM: Old Business
2006 Meeting Schedule
Motion to: accept the 2006 meeting schedule with the change that the Board will meet in the Madden Room unless a large number of people are expected to attend the meeting.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Minutes
Motion to: approve the November 3, 2005 minutes with corrections.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
The September 8, 2005 minutes will be discussed at the next scheduled meeting.
ITEM: Other Business
Election of Officers
Motion to: nominate Thomas Berstene as Chairperson to the Zoning Board of Appeals.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: nominate Stephen Wagner as Vice Chairperson to the Zoning Board of Appeals.
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Motion to: nominate Teri Dickey-Gaignat as Secretary to the Zoning Board of Appeals.
Was made by Commissioner Jeski
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Review of the ZBA By-Laws
Motion to: remove any text concerning motor vehicle licensing in section VIII. The Board no longer has jurisdiction over the motor vehicle licensing.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Changes to Section II and Section XII will also be done and brought back to the Board for review.
ITEM: Old Business
ZBA Information Sheet
Motion to: adopt the final draft of the ZBA Information Sheet dated 9/8/2005.
Was made by Commissioner Kupchunos
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: ZBA Holiday Party
The Zoning Board of Appeals will hold their Holiday Party on Tuesday, January 3, 2006.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:16 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Respectfully submitted,
________________________________
Deborah W. Reid
Recording Secretary
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