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Zoning Board of Appeals Minutes 10-01-2009
MEMBERS PRESENT:        Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat, N’Marie Crumbie, Sandy Jeski

ALTERNATES PRESENT:     Phil Koboski, James Kupchunos

STAFF PRESENT:  Donna Thompson, Recording Secretary
                        Michele Lipe, Assistant Director of Planning

The following are motions made during the October 1, 2009 Public Hearing/Regular Meeting.

Public Hearing

Chairperson Berstene called the public hearing to order at 7:33 PM

The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Tuesday, September 22, 2009 and Saturday, September 26, 2009.

Appl. 2736-09 – Mitchell Property Group, LLC, 90 Brookfield Street, South Windsor, CT – request for a 13.5’ variance to Table 6.2.4A along southerly boundary to allow the buffer to be 36.5 feet (50’ required) and a 20’ variance to Table 6.2.4A along westerly boundary to allow the buffer to be 30 feet (50’ required) at 35 Ident Road, I zone.

Attorney Wayne Gerlt represented the applicant.  Atty Gerlt had submitted a change to the original plan, indicating the planting of a pine tree buffer and stockade fence on the southerly boundary.  The parking lot will be used for employees only – passenger cars, not buses.  The parking lot would not be paved, but chip stone will be used as a cover.  There is no change of use associated with this application – use is permitted within the I zone.  Atty Gerlt stated that the westerly boundary is completely grown in with vegetation – it will not be cleared.  Atty Gerlt also stated that there are no changes anticipated in hours of operation, traffic or number of employees at this time.  Without the variance, 29 parking spaces would be not be able to be constructed.

Tomak Grajewski, Engineer - Zuvik Associates, reviewed details of the site plan for the Commissioners.  Mr. Grajewski stated that runoff from the parking lot would not be directed toward wetlands – that drainage will follow existing natural contours.  Mr. Grajewski also stated that a new 6 foot stockade fence would be built to replace existing fencing and screen property on south side, along with fast growing pine trees.  Mr. Grajewski stated that lighting will be directed downward where cars are parked and people cross the road to get to where the buses are parked.

Chairperson Berstene read into the record 2 e-mails from residents Peter and Leah Ingersol, 119 Ident Road.  (Attachment A)  The Ingersol’s had some questions regarding the proposed parking lot.  Attorney Gerlt responded to each of the issues presented by the Ingersol’s as follows:  the usage of 38 Ident Rd. will not change; the building will continue to be well maintained as will the proposed parking lot at 35 Ident Rd.; the size of the proposed employee lot is more than needed now, but could be needed in the future; the drainage issue has been addressed by Mr. Grajewski – sheet flow will continue as is; all neighbors have been notified of the proposal; safety concerns will be addressed by advising employees to check both ways before moving into traffic, a convex mirror if required, although not desirable, a crosswalk for employees; the effect on property values would most likely be positive and the area will be more attractive and well maintained; if traffic is abusive, contacting police would be proper recourse; the site plan indicates 80 parking spaces proposed for the lot – the lot will not be paved and there will not be lines, so some of the spaces will not be used.

Resident, Max Scheller, 81 Ident Road, stated that he was not in favor of the proposed parking lot.  Mr. Scheller had concerns with pollution from vehicle exhaust and increased traffic.  Mr. Scheller would like the entrance to the lot on Strong Road.  Mr. Scheller did say that he feels that the property at 38 Ident Road has been well maintained.

Attorney Geoffrey Nabb, 295 E. Center St., Manchester, representing James and Lee Ann Keefe, 47 Ident Road, stated that the Keefe’s would no longer have any objection if the ZBA approved this application as revised: a 6 foot (not 8 foot) fence between 47 Ident Rd. and 35 Ident Rd., Mitchell has the well on 47 Ident Rd. tested prior to construction, and the lighting does not shine in their house on 47 Ident Rd.

Cary Prague, 60 Krawski Drive, as a resident, spoke in favor of the application. Prague stated that property values generally increase when the use of a property is known – 35 Ident Rd. would no longer be just an empty lot.  Prague also stated that Mitchell’s are very responsible, have received beautification awards and do what they say they will do. He noted that there could be fewer buses involved due to the current policy of more students walking.

Commissioner Wagner questioned the parking setup of the lot.  Mr. Grajewski stated that there would be wheel stops and that parking is for passenger cars only.

In addressing Commissioner Dickey-Gaignat’s concerns, Mr. Grajewski stated that the handicap parking versus regular parking ratio is 1 to 25, and that the 2 original handicap spaces will remain at 38 Ident Road, with 3 additional handicap spaces included at the proposed site.  Mr. Grajewski also state that there will be grading to manage runoff, that wheel stops will control parking, and that there will be no light pollution outside the property - lighting on at dusk, off at dawn.  Mr. Grajewski also stated that the boundary will be more fully screened from light and noise by planting the fast growing pine trees 8 feet apart to start and thinning them in the future.

Ms. Lipe stated that the lighting will be reviewed by Planning and Zoning.

Chairperson Berstene closed the public hearing at 8:49 pm.

Appl. 2737-09 – Kathryn A. Marra, 90 Crystal Springs Drive, Tolland, CT - request for a variance to Table 6.5.8A to allow a 3rd freestanding sign, 24 sf in size at 1330, 1340, 1350 Sullivan Avenue (Westgate Professional Center), RO zone.

Ms. Marra presented the application.  She had discovered that there was never a permit for the sign at 1350 Sullivan Avenue.  Signs are needed at this location due to the entrance being off Sand Hill Road to the rear of the buildings, not off Sullivan Avenue. It is difficult to locate the businesses at 1330, 1340 and 1350 because there is no entrance to the property on Sullivan.  There is a directory for businesses after entering driveway off Sand Hill Road.  Would like all signs to be uniform – same color scheme, no roofs over signs, same lighting, building numbers on signs, size would be slightly different due to number of businesses in each building.  This sign at 1350 Sullivan would be 24 sq ft.

Commissioners needed little clarification/explanation due to the thoroughness of Ms. Marra’s presentation.

Chairperson Berstene closed the public hearing at 9:01 pm.  

ITEM:  Deliberative Session

Appl. 2736-09 – Mitchell Property Group, LLC, 90 Brookfield Street, South Windsor, CT – request for a 13.5’ variance to Table 6.2.4A along southerly boundary to allow the buffer to be 36.5 feet (50’ required) and a 20’ variance to Table 6.2.4A along westerly boundary to allow the buffer to be 30 feet (50’ required) at 35 Ident Road, I zone.

Motion to:  approve Appl. 2736-09 - Mitchell Property Group, LLC, 90 Brookfield Street, South Windsor, CT – request for a 13.5’ variance to Table 6.2.4A along southerly boundary to allow the buffer to be 36.5 feet (50’ required) and a 20’ variance to Table 6.2.4A along westerly boundary to allow the buffer to be 30 feet (50’ required) at 35 Ident Road, I zone, with the following conditions:  

1.      a 6 ft stockade fence be placed on 47 Ident Road as shown on plan;
2.      buffer trees must be placed as shown on plans and must be maintained over time to provide completely screened boundary;
3.      crosswalk to be shown on plan at time submitted to Planning and Zoning Commission;
4.      wheel stops as shown on the plan to ensure conformity to the buffer as varied;
5.      well at 47 Ident Road be tested prior to construction to establish a baseline of water quality;
6.      approval of site plan by Planning and Zoning Commission and Inland Wetlands Agency.

Hardship:  extent of wetlands and required buffer for wetlands; imposition of regulation 50 ft buffer as stated would severely restrict amount of parking.

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

Appl. 2737-09 – Kathryn A. Marra, 90 Crystal Springs Drive, Tolland, CT - request for a variance to Table 6.5.8A to allow a 3rd freestanding sign, 24 sf in size at 1330, 1340, 1350 Sullivan Avenue (Westgate Professional Center), RO zone.

Motion to:  approve Appl. 2737-09 – Kathryn A. Marra, 90 Crystal Springs Drive, Tolland, CT - request for a variance to Table 6.5.8A to allow a 3rd freestanding sign, 24 sf in size at 1330, 1340, 1350 Sullivan Avenue (Westgate Professional Center), RO zone, with the following condition:  post building numbers on signs.

Hardship:  shape of the property; where the buildings are located on the property and the entrance to the property not being on Sullivan Ave; difficulty in locating each building address and the businesses contained therein; additional signage will help traffic safety.

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

Regular Meeting

ITEM:  Minutes

Motion to approve the minutes of September 3, 2009.
Was made by: Commissioner Dickey-Gaignat
Was seconded by: Commissioner Wagner
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Old Business

1.      After reviewing the Town Charter, Chairperson Berstene recommended reviewing the by-laws in November and changing the election of officers to December to be consistent with the Town Charter.  
2.      Chairperson Berstene stated that the revisions to the checklist are progressing and will be presented to the Commissioners for their review as soon as possible.
        
ITEM:  Adjournment

Motion to: adjourn the meeting at 9:38 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Crumbie
The motion:  carried
The vote was as follows:  unanimous

Respectfully submitted:


Donna Thompson
Recording Secretary


Approved:  January 7, 2010