MEMBERS PRESENT: Chairperson Thomas Berstene, Sandy Jeski, Matt Davis, Stephen Wagner, Teri Dickey-Gaignat
ALTERNATES PRESENT: Daniel Gentile
STAFF PRESENT: Kathy Middleton, Recording Secretary
Joy O’Connor, Zoning Enforcement Officer
GUESTS PRESENT: Town Attorney, Richard Roberts
Public Hearing
Chairperson Berstene called the public hearing to order at 7:04 p.m.
The recording secretary read the continued applications into the record as it was posted in the Town Clerk’s office on June 22, 2007.
1. Appl. #2693-07 – Norman Bolduc, appeal from the Zoning Enforcement Officer’s decision involving a cease and desist order dated 1/25/07 alleging a sign in violation of the zoning regulations on the property located at 297 Pleasant Valley Road, I zone
Joy O’Connor, ZEO stated that applicant and ZEO are in the process of negotiations and that the application has been taken off the agenda.
Chairperson Berstene stated that Commissioner Gentile would be seated for Commissioner Gaignat for appl. # 2697-07.
2. Appl. #2697-07 – Lindsey Limousine, Inc., appeal from the Zoning Enforcement Officer’s decision involving a cease and desist order dated 2/2/07 alleging a sign in violation of the zoning regulations on the property located at 170 Strong Road, I zone (continued from May 3, 2007)
Atty. Richard Roberts of Halloran & Sage and Joy O’Connor, Zoning Enforcement Officer came before the commission and gave an overview of the details of the May 3, 2007 public hearing.
Roberts stated that since the last hearing, Lindsey has ignored the ZEO’s order and letter requesting relocation of the mobile billboard vehicle and it has remained parked in front of the building. Roberts explained the definition of a portable as a sign that includes mobile billboards, like the one owned by Lindsey, as well as signs attached to or painted on vehicles parked in visible areas from the public right of way unless that vehicle is used in day to day operations of the business. Roberts stated that the intention of “day to day operations” permit contractors and other related businesses to have their names on the side of their business trucks and to allow business owners to have identifying data on their vehicles. Roberts stated that the interpretation of the zoning regulations is within the
zoning enforcement officer’s jurisdiction and was a preemptive enforcement designed to prevent billboard signs from being seen all over town.
Roberts stated that it was discussed at the May meeting that the town is no longer claiming that there was a violation of the off site sign regulation by virtue of it driving around. The only issue is parking the large mobile billboard signs in the front of the building. Roberts stated that at the May meeting it was suggested that the two parties meet to discuss a possible resolution. O’Connor requested that the billboard vehicle be placed behind the building. Lindsey claimed that it was impossible to put the vehicle behind the building. Roberts stated that there has not been much effort from Lindsey to address the issue, instead Lindsey went in front of the Planning and Zoning Commission and asked for a modification of the site plan to allow additional parking on the side of the building.
Roberts stated that the Planning and Zoning minutes don’t state exactly what the purpose of the parking was for, but the approval noted that the parking modification did not constitute approval of the mobile billboard.
Lindsey agreed that it was suggested that the two parties meet and said that he did not receive any correspondence from the town or the Town Attorney in effort to resolve the matter.
Lindsey stated that at the May meeting it was decided that the vehicle was not parked in a legal parking spot. Lindsey stated that in an effort to resolve that issue, an application was filed with the Planning Department for a change order and was granted an approval for 26 parking spaces which includes free form or variable size parking along the outside curb.
Lindsey stated that the vehicle is used in day to day operations. Lindsey said the vehicle is used to deliver and move products, supplies and equipment and therefore does not constitute being a portable sign. Lindsey stated that no complaint has been filed in reference to this case.
Mr. Lindsey stated that he drove through South Windsor and photographed other businesses in town that are in violation of zoning regulations. Mr. Lindsey presented a slide show as evidence. (Attachment A)
Chairperson Berstene asked if there was any public participation.
Dick Kelly of 49 Rosemary Lane and business owner of RSK Kellco Inc., 1744 Ellington Road came before the Commission. Kelly stated that he is not here to support Lindsey. Kelly stated that a couple of weeks ago he went to Planning and Zoning because the Chamber was involved in signs. Kelly stated that he feels the Town Government is out of control and stated that a few years ago the Town Council approved a Zoning Enforcement Officer because of blights. Blights that was primarily residential. Kelly stated that when new businesses (Uptown Consignment) come into town, they are not welcomed by the town instead they are told to take their sign down. Kelly stated that a lot of business’s in town are beginning to think that the Town Government is their enemy.
Cary Prague, of 60 Krawski Drive came before the Commission and stated that besides being a member of the Town Council he is the President elect of the Chamber of Commerce and has a lot of interaction with businesses on a daily basis and many are complaints about zoning regulations or sign enforcement. Prague stated that the Planning and Zoning’s instructions to the ZEO from the Planning and Zoning Commission are to investigate complaint based problems only. Prague stated that most of the enforcements are initiated by the Planning and Zoning Department themselves and feels that this is wrong. Prague also stated that he feels that it is wrong and illegal that Lindsey is in front of the Commission. Prague commented that he doesn’t like the idea that some one who has been in business for twenty years
with a dilapidated sign can keep it up, but new businesses have to have their signs one quarter of the size with muted colors. Prague stated that a sign can make this difference between profitability and going out of business.
Tom Stebbin, of 247 Felt Road and business owner of Stebbin Glass on Ellington Road came before the Commission. Stebbin stated that he isn’t here to sponsor Lindsey, although he did hear about his blight through some of the organizations that Lindsey belongs to and sponsors. Stebbin stated that he is disappointed at how adversarial this case has been and reminded the Commission that not only is it their responsibility to follow protocol, but also to embrace businesses.
Robert Ignagni of Walston & Ignagni PC on 1695 Ellington Road came before the Commission and stated that he has been a resident of South Windsor for twenty-two years and a business owner for eighteen years. Ignagni stated that he is also a recipient of a discriminatory rule. Ignagni’s office is in the Webster Bank building and is prevented by the zoning regulations to have a sign outside advertising his business. Ignagni stated that Lindsey is his client and that Lindsey’s business has grown substantially. Ignagni reiterated what Prague said and stated within a 10 town radius there is a pervasive attitude of business owners that South Windsor does not like business for a variety of reasons. Ignagni stated that because he is Lindsey’s accountant, Lindsey spoke with him when he was
considering purchasing the vehicle. Ignagni stated that Lindsey uses the vehicle three to four days a week for business purposes.
O’Connor handed out minutes from October 8, 1996 meeting that addressed the approval for Lindsey Limousine and additional information regarding mobile billboard trucks (Attachment B). O’Connor stated that the original approval was for seven vehicles and the business has since grown substantially requiring additional parking. O’Connor stated that Mr. Lindsey received approval from the Planning and Zoning Commission for twenty-six parking spaces some of which are on the side of the driveway.
Chairperson Berstene asked O’Connor if she has ever witnessed the vehicle being used to pick up parts, banking, or other daily operations to which a limousine would be inappropriate. O’Connor stated that she has not witnessed any of those activities. Berstene stated that Connecticut Motor Vehicle Department listed and licensed the vehicle as a truck and asked O’Connor if there was a specific designation for mobile billboard trucks. O’Connor said that she could not answer that question. Roberts stated that according to the zoning regulations, a portable sign is attached to or painted on vehicles.
Berstene stated that Lindsey showed that every vehicle that he photographed is in violation of the zoning regulations because they can be seen from the road. O’Connor stated that some of the vehicles have site plan approval and the ones that do not have site approval are in violation and will be addressed.
There was a lengthy discussion among the Chairperson, ZEO and Town Attorney as to whether the vehicle Lindsey is used in his day to day operations. Roberts stated that day to day operations mean a vehicle that is used in the normal functions of the business operations. Lindsey stated that the regulations say that if a vehicle is used in normal day to day operation then it is exempt. Lindsey stated that he has not seen any proof of a definition what a day to day operation is.
Wagner asked O’Connor if there was a complaint against Lindsey. O’Connor stated that there was no written complaint filed against Lindsey. Wagner stated that he drove around the back of the parking lot of Lindsey Limousine and stated that it did not seem impossible to park back there. Lindsey stated that the wide turns make it difficult to maneuver the vehicle. The discussion continued between Commission members as to what the term day to day operations means and whether or not it could be determined that Lindsey uses his vehicle in the day to day operations of his business. Roberts stated that the intent of the regulation is to cover things like delivery trucks, moving trucks, and oil trucks whose main business is conducted from the vehicle.
Jeski asked if there was any other signage on the front of the vehicle. Lindsey stated that the business’s website is on the front of the truck.
Gentile stated that he is trying to understand why Lindsey’s vehicle was targeted being on a side street as opposed any other business in violations. O’Connor stated that those businesses are also in violation and would be addressed.
Davis stated that the problem with the interpretation of day operations is a matter that the Planning and Zoning Commission needs to address.
Ignagni came before the Commission and stated that as Lindsey’s accountant, he could provide the Commission with a listing of office supply expenditures and small tools to prove that Lindsey uses the vehicle for business operations.
Public hearing closed at 8:56 pm.
3. Appl. #2701-07 – Robert Boucher, 590 Sullivan Ave- request for variance to section 6.1.2.7 to allow occupancy of house located at 590 Sullivan Ave as a residence in addition to the efficiency apartment on property located at 590 Sullivan Ave (regulations allow for one business related residential unit), I zone (continued from June 7, 2007)
Chairperson Berstene read the memo from Michele Lipe, Assistant Director of Planning.
Ø Enclosed in the memo are copies of the original building permit for the area that contains the apartment
o Permitted as an office area
o No building or zoning records that approved or permitted an apartment
o According to Assessor’s records area was never identified as being used residentially, there was notation about the apartments in the barn that have since been removed.
Ø Memo received from Dave Peters, Assistant Assessor relating to his site visit
o Went out to inspect, did not have access (tenant not in)
o Owner described as one room, shower stall, kitchenette, no stove
o Assessor’s office was not aware of the apartment
o No property files regarding the property
Berstene stated that Commissioner Gentile is sitting for Commissioner Dickey-Gaignat
Mr. Boucher came forward and pointed out where the apartment is located on the photograph that he submitted. He did not have any additional comments. Boucher stated that there wasn’t anything to add because nothing has changed on the application.
Berstene asked for questions and comments from the Commission.
Wagner asked what the status of the apartment was when the building was purchased. Boucher stated that the apartment that is occupied at the present time was empty at the time of purchase. The two apartments that were in the barn have been vacated and believe that there was zoning action taken on those before the property was purchased. Boucher stated that the apartments were occupied when he when he purchased the building.
Jeski asked Boucher if he resided in the house or apartment. Boucher stated that he lives in Ellington. Dickey-Gaignat asked if there is a separate access door from the monument office into the apartment. Boucher stated that there is an access door as well as a separate door.
Davis asked Boucher if he was aware of the records when the house was purchased. Boucher stated that he was aware because it was part of the closing.
Wagner asked Boucher what the hardship was. Boucher stated that the empty space cannot be utilized. Boucher stated that he tried to rent the space out. Berstene stated that the preexisting structure is the house itself because it predates regulations. Davis asked if it would be more practical to rent out the house aa a business space. Boucher stated that it would not be practical because the house was originally built in 1880 and wouldn’t lend itself to any type of business because the floor plan is so chopped up. It was determined that the hardship is that the preexisting house is non-conforming which creates the need for the apartment.
Public hearing closed at 9:20 pm.
ITEM: Deliberative Session
Appl. #2697-07 – Lindsey Limousine, Inc.
Motion to: overturn Zoning Enforcement Officer’s decision of enforcement on section 17.7J of the zoning regulations on appl. #2697-07 – Lindsey Limousine, Inc., appeal from the Zoning Enforcement Officer’s decision involving a cease and desist order dated 2/2/07 alleging a sign in violation of the zoning regulations on the property located at 170 Strong Road, I zone
Was made by Commissioner Davis
Seconded by Commissioner Gentile
The motion: carried
The vote was: unanimous
Appl. #2697-07 – Lindsey Limousine, Inc.
Motion to: uphold Zoning Enforcement Officer’s decision of enforcement on section 17.8.8G of the zoning regulations on appl.#2697-07 – Lindsey Limousine, Inc., appeal from the Zoning Enforcement Officer’s decision involving a cease and desist order dated 2/2/07 alleging a sign in violation of the zoning regulations on the property located at 170 Strong Road, I zone
Was made by Commissioner Davis
Was seconded by Commissioner Wagner
Davis withdrew his motion and Jeski withdrew her second.
Motion to: overturn Zoning Enforcement Officer’s decision of enforcement on section 17.8.8G of the zoning regulations on appl.#2697-07 – Lindsey Limousine, Inc., appeal from the Zoning Enforcement Officer’s decision involving a cease and desist order dated 2/2/07 alleging a sign in violation of the zoning regulations on the property located at 170 Strong Road, I zone
Was made by Commissioner Davis
Was seconded by Commissioner Wagner
The motion: failed (overturn request requires 4 affirmative votes)
The vote was as follows: 3 to 2 with Commissioners Gentile, Wagner, and Berstene voting in favor of the motion and Commissioners Jeski and Davis voting against the motion.
Appl.#2701-07 – Robert Boucher
Motion to: Approve with conditions appl.#2701-07 – Robert Boucher, 590 Sullivan Ave- request for variance to section 6.1.2.7 to allow occupancy of house located at 590 Sullivan Ave as a residence in addition to the efficiency apartment on property located at 590 Sullivan Ave (regulations allow for one business related residential unit), I zone
Was made by Commissioner Davis
Seconded by Commissioner Gentile
The motion: carried
The vote was: unanimous
The Board concluded the hardship is that the non-conforming residential home creates a need for a second apartment.
As a condition to approval, the applicant shall work with the town to obtain the necessary approvals. The applicant shall also limit the footprint to the area shown as office on the application.
ITEM: Minutes
Motion to: approve the June 7, 2007 minutes.
Was made by Commissioner Davis
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Chairperson Berstene stated that the application for Mitchell Fuel has been extended to the September meeting because it has the potential to be a lengthy meeting. Berstene asked O’Connor if she would assist in drafting a letter to Planning & Zoning regarding the protocol for enforcing a zoning violation. O’Connor stated that she would assist in drafting a letter. There was discussion regarding training for new zoning regulations. Commission members felt that they should receive some type of training. Berstene stated that he would ask Pat Kennedy, Chairperson of the Planning & Zoning Commission and Marcia Banach, Director of Planning for a for a training session on the changes that were made to the zoning regulations and also to express concerns of the Commission.
ITEM: Adjournment
Motion to: adjourn the meeting at 10:00 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Gentile
The motion: carried
The vote was as follows: unanimous
Respectfully submitted,
________________________________
Katherine J. Middleton
Recording Secretary
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