MEMBERS PRESENT: Chairperson Thomas Berstene, Teri Dickey-Gaignat, Sandy Jeski, Stephen Wagner, and Lavina Wilson
ALTERNATES PRESENT: James Kupchunos, N’Marie Crumbie, and Daniel Gentile
Chairperson Berstene called the regular meeting to order at 7:10 p.m.
ITEM: Executive Session
Motion to: go into Executive Session at 7:10 p.m. to discuss pending litigations or claims on appl. #2623-04 – Elaine D. Gerlt, c/o Wayne C. Gerlt, Esquire, 318 Felt Road.
Was made by Commissioner Wagner
Seconded by Commissioner Gentile
The motion: carried
The vote was as follows: unanimous
Motion to: adjourn Executive Session at 7:48 p.m.
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Old Business
The Public Hearing began at 7:52 p.m.
Application #2690-06 – MLB, Inc. d/b/a Ful-Line Auto, 1546 John Fitch Boulevard, I zone (continued from 9/7/2006).
Attorney Hal Cummings from Cummings, Lanza & Purnhagen LLC came before the Commission to represent MLB, Inc. Attorney Cummings provided the Board with a map and clarified the request for the variance to section 3.10.5 to modify approvals in order to conform to the submitted plan. He also specify what variances are being sought/eliminated.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Attorney Cummings explained that the underground storage tanks have been removed from the site. The applicant would still sell used cars, but the sale of gasoline has been eliminated. The newly submitted plan would supercede what was approved previously. If in the future there are any changes proposed for this site, a new site plan would have to be prepared and approved.
With no further questions, the public participation portion and public hearing closed at 8:27 p.m.
ITEM: New Business
Appl. #2691-06 – Converse Renovations, Inc., 16 Kupchunos Drive, AA-30 zone
Mr. Kevin Yoreo from Converse Renovations, Inc. came before the Board to present this application to the Board. He explained that the applicant is seeking to construct an addition that would be 40’ from the property line, and therefore a 10’ variance is being requested. On the east side of the property there is a slope of the land and in the back of the property there is an existing in-ground pool. The area being proposed was the only feasible area on the property.
No one from the public spoke in favor or opposition to this appeal.
Mr. Al Kupchunos came before the Board to request clarification of this request. After hearing the clarification, Mr. Kupchunos stated that he had no objections.
With no further questions from the Board, the public participation portion and public hearing closed at 8:38 p.m.
ITEM: Deliberative Session
Appl. #2687-06 – Dr. Gregory Haroian, 1169 Ellington Road, A-20 zone
Ms. Michele Lipe, Assistant Director of Planner explained to the Commission that the old application number was referenced on the request. The two foot overhang is actually to the side yard, not the front.
Motion to: approve appl. #2687-06 – Dr. Gregory Haroian, for the following: 1) a 17’ variance to section 5.6.3 (i) to allow impervious coverage of 57% to correct the variance granted on 11/2/2005 (appl. #2661-05); and 2) a variance to section 3.7 to allow a 2’ overhang, on an existing nonconforming structure, on property located at 1169 Ellington Road, A-20 zone.
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
The Board concluded the hardships to be as follows:
1. The inability to meet parking requirements without the variance
2. The design of the property, size of the property and use of the building as nonconforming.
3. The inability to restore the building to its historic appearance without the variance.
4. The position of the building relative to the setback line.
Appl. #2690-06 – MLB, Inc. d/b/a Ful-Line Auto, 1546 John Fitch Boulevard, I zone
Motion to: approve with conditions appl. #2690-06 – MLB, Inc. d/b/a Ful-Line Auto, three variances: 1) to section 13.7.4 to allow parking of display vehicles within 10’ of the property line; 2) to section 13.4.a to allow parking without a five foot perimeter screening and no interior landscaping; and 3) to section 3.10.5 to modify prior approvals in order to conform to the submitted plan, at 1546 John Fitch Boulevard, I zone.
Was made by Commissioner Wilson
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Conditions:
1. The variances for parking spaces 1-20, inclusive, as shown on the attached plan are contingent upon continued lease of the area from the State of Connecticut.
2. The variances are further conditioned upon the closing of the northerly curb-cut, access to Route 5, as shown on the attached plan.
3. The variances are further conditioned on the requirement that there be no future sale of gasoline on the premises.
4. All other variances shall remain in effect unless specifically modified above.
Appl. #2691-06 – Converse Renovations, Inc., 16 Kupchunos Drive, AA-30 zone
The Board stated for the record that the abutting propery would not be adversely effected by this addition.
Motion to: approve appl. #2691-06 – Converse Renovations, Inc., 11 Overhill Road, Ellington, CT., a 10’ variance to section 10.2 to allow a structure 40’ from the property line, on property located at 16 Kupchunos Drive, AA-30 zone.
Was made by Commissioner Jeski
Seconded by Commissioner Wilson
The motion: carried
The vote was as follows: unanimous
The Board concluded the hardship to be that the location of the house on the property and the topography of the land create difficulty constructing the addition in any other location on the property.
The Board also noted for the record that the abutting property, which is town owned drainage area, will not be adversely affected by this addition.
ITEM: Other Business
Cost analysis of mailed ZBA packets and advertisement of legal notice
The Board discussed the application fee that is charged and would like to analyze if a larger fee is necessary. The dollar amount spent on application fees from the previous year was gathered, but the number of applications should be counted.
Draft ZBA Application
Commission members discussed a few changes they would like to have complete. Michele Lipe, Assistant Planner stated she would like to review the application with Commissioner Wagner and bring back changes to be discussed to the next scheduled meeting.
ITEM: Adjournment
Motion to: adjourn the meeting at 9:15 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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