TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 September 1, 2011
MEMBERS PRESENT: Thomas Berstene, Teri Dickey-Gaignat, Sandy Jeski, James Kupchunos
ALTERNATES PRESENT: Karen Patterson sitting for Stephen Wagner
STAFF PRESENT: Michele Lipe, Town Planner
Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the September 1, 2011 Public Hearing/Regular Meeting.
Public Hearing
Vice Chairperson Berstene called the public hearing to order at 7:40 PM
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday, August 20, 2011 and Saturday, August 27, 2011.
Appl. 2754-11 – Thomas Azzara dba Newberry Homes Co., Inc.– request for an 8 foot variance to Table 3.1.2A to allow a single bay extension of the garage 42 feet from the front property line adjacent to Wildwood Circle (50’ required), on property located at 56 Stonefield Trail, A-30 Residential zone.
Mr. Thomas Azzara, builder and owner of Newberry Homes, presented the application. Mr. Azzara stated that the addition would consist of a single bay garage with a bedroom above. The bedroom, which is needed for additional family members, will not encroach on the setback. Mr. Azzara stated that to keep all the bedrooms in the same area of the house, allow access to all the bedrooms, and maintain the architectural integrity of the home, the garage addition is necessary. Due to the property being a corner lot with two 50 foot front year setbacks, the variance is needed to accommodate the garage addition.
Vice Chairperson Berstene closed the public hearing at 7:55 pm
Appl. 2752-11 – RSK-KELLCO – request for two variances: 1) a 45 foot variance to Table 4.2.11 C.3 to allow parking 20 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 48 foot variance to Table 4.2.11 C.3 to allow circulation 17 feet from the front property line adjacent to Buckland Road/Deming Street (65’ required), on property located at 350 Buckland Road, Buckland Road Gateway Development zone.
Mr. Peter DeMallie, President of Design Professionals, presented the application. Mr. DeMallie familiarized the Commissioners with the area and referred to two letters in support of this application. The parcel is 9.94 acres. There would be 2 buildings totaling almost 19,000 sq ft of office space. The southerly most building is 16,912 sq ft, with the second floor being the largest and used for office space. The first floor will be retail space. The second building, on the northerly side – at the corner of Deming and Buckland, will be for a 2,000 sq ft financial institution with 2 drive-thrus and a bypass lane. The proposed building designs will be reviewed by the Architectural Design Review Board as part of the Planning and Zoning Commission site plan application process. The
proposed plans will also go before the Inland Wetlands Agency due to some minor impact on wetlands and the Water Pollution Control Authority for the sewer hook-up. The area to the east will remain undeveloped - that’s the plan. All the proposed development is restricted to the extreme westerly portion of the property, which is adjacent to Buckland Road. There are 2 entrances proposed: one off Buckland Road and one off Deming Street. The vast majority of the property cannot be utilized because it is wetlands. The proposed uses for the property (financial institution, office space, retail) are consistent with the Gateway Development Zone. The parking is consistent with the requirements for the proposed development. Mr. DeMallie stated that there are multiply hardships and circumstances that affect this property.
Berstene read into the record: 1) an email to Peter DeMallie from Phil Crombie, South Windsor Fire Chief, stating that after reviewing the ZBA plan provided to him, he determined that the flow through the drive and parking on the street side of the buildings will provide for reasonable fire apparatus access and requested to review the engineering drawings when available; 2) a letter from Attorney John Woodcock, 395 Buckland Road in support of this application; 3) a letter from John Finguerra, Managing Member, Evergreen Walk LLC in support of continued commercial growth of the area.
Attorney Hal Cummings, 1610 Ellington Road, representing Deming Plaza LLC, an abutter directly to the north of the subject property, stated that his client supports the application and requests that it is considered favorably.
Victoria Margiott, resident - 32 Sele Drive, stated that she opposes the application based on the amount of variance requested, that the circulation and parking are in wetlands, feels it is “too much, on too little land”. Ms. Margiott did not feel there is a unique hardship or lack of adverse impact on local residents. Ms. Margiott did not feel that the previous re-zoning of the property is a hardship; that the current owner knew the land was wet and had always been wet; that the previous takings of land for road easements is not a hardship for this application. Ms. Margiott felt that what’s being proposed to address access management regulations is not require a variance – the proposal is limited and would allow significant circulation available within the zone. Ms. Margiott suggested that a smaller
plan would not require a variance or disturb the wetlands, and that possibly this parcel should not be developed at all due to its undersize. Ms. Margiott stated that the traffic on Buckland Road is very heavy, which causes issues with turns off Buckland, and feels the proposed entrance off Buckland Road into this property is not a good idea. Ms. Margiott commented on the current unsightliness of the view along Buckland Road, which will increase with the addition of development on this parcel, and feels there is no landscaping possible to block the proposed 2 story building from her and her neighbor’s view.
Dick Kelley, a principal of RSK-Kellco, stated that there will be a significant landscaping plan presented to PZC, and feels Ms. Margiott will not be able to see the buildings from her home. Mr. Kelley also stated that there will be no more development on this site.
Commissioner Dickey-Gaignet asked if there will be sidewalks. DeMallie said there will be sidewalks within the site, but it is not known if sidewalks will be required along Buckland Road. Town Planner Michele Lipe stated that sidewalks are required in the Gateway Zone. Dickey-Gaignet expressed concern about the proposed entrance off Buckland Road, feels it is too hazardous, should be closed off and Deming Street be the entrance point. DeMallie stated that traffic studies will have to be done and that will determine how the entrance will be handled.
Commissioner Jeski stated that the tobacco shed on the property must remain. Jeski questioned whether there will be rear parking for the retail building – doesn’t seem like enough as proposed. DeMallie stated that there are 91 parking spaces proposed – the regulations require 94. A waiver from Planning and Zoning for 3 spaces would be needed for only 91, or a reduction in the size of the building if a waiver isn’t granted.
Commissioner Patterson questioned if the landscaping will be sufficient to screen the parking from Buckland Road? Bruce Kelley & DeMallie both indicated that it would be adequate and shown in the final plan.
Commissioner Dickey-Gaignat expressed a concern about lighting in the parking lot – will it be tall (24 ft) or the lower, residential style. DeMallie stated that a coordinated effort from the ADRC, PZC, applicant, and architect will determine which will be used. The right hooded luminar will shine light down not up.
Commissioner Berstene asked how will PZC accept a variance to the Gateway Zone? Lipe: unknown – not enough precedent. There is no question that this property has limited developable area. Berstene: If the wetlands were back another 20 ft, the driveway could go behind the building and a variance would not be needed. Lipe: Access Management is a critical aspect – that access to a traffic light for properties without direct access is created.
Vice Chairperson Berstene closed the public hearing at 9:04 pm.
Appl. 2753-11 – LinBob LLC – request for two 10 foot variances to Table 4.1.6A to allow an enclosed corridor connecting the two buildings to be constructed 0 feet from the side property lines (10’ required), on properties located at 66 Kimberly Drive & 80 Kimberly Drive, Industrial zone.
Peter DeMallie, presented the application for LinBob LLC. Attorney Hal Cummings represented LinBob LLC and Bob Delisle, principal of LinBob LLC and president of Metals Testing (tenant at 80 Kimberly Drive).
DeMallie: Metals Testing has outgrown building at 80 Kimberly Drive and needs to construct additional facility at 66 Kimberly Drive. The buildings must be kept separate due to nature of business, but there must be an enclosed environment maintained – thus the need for the 14 ft wide connecting corridor, which necessitates the requested variance. The connecting corridor will not by seen from street due to fencing and landscaping.
Berstene: In the future, could the two buildings be separated if needed. DeMallie: Yes – just take down the connector.
Jeski: The second building has not been built yet, the hardship is not clear. DeMallie: 80 Kimberly Drive is maxed out, at full capacity, cannot increase 80 Kimberly without numerous variances, must expand into 66 Kimberly. This would be the least intrusive. The enclosed environment will caused less impact on abutters.
Berstene: The existing lot with the existing building has been maximized and by expanding onto the adjacent property, an enclosed connector becomes necessary for safety of product and people, and to maintain the integrity of the structures.
Resident, Fenil Modi, 11 Fitch Meadow Lane, was concerned about future growth of the company and the resulting impact to abutters in that case. DeMallie: If the building should be expanded, zoning regulations would be complied with and buffers would be maintained. Berstene: The impact would be minimal.
Vice Chairperson Berstene closed the public hearing at 9:40 pm. Berstene granted a 10 minute break prior to the deliberative session. The meeting resumed at 9:50 pm.
ITEM: Deliberative Session
Appl. 2754-11 – Thomas Azzara dba Newberry Homes Co., Inc.– request for an 8 foot variance to Table 3.1.2A to allow a single bay extension of the garage 42 feet from the front property line adjacent to Wildwood Circle (50’ required), on property located at 56 Stonefield Trail, A-30 Residential zone.
Commissioner Patterson stated that the design of the garage conforms to the current architecture, with the frontal view aesthetically pleasing and conforming to the neighborhood, trees screen the Wildwood Circle side, and there are no adverse effects on the neighborhood.
Motion to: approve Appl. 2754-11 – Thomas Azzara dba Newberry Homes Co., Inc.– request for an 8 foot variance to Table 3.1.2A to allow a single bay extension of the garage 42 feet from the front property line adjacent to Wildwood Circle (50’ required), on property located at 56 Stonefield Trail, A-30 Residential zone, as shown on the plans submitted.
The Board concluded the hardship to be that the property is a corner lot with two 50 foot front yard setback requirements.
Was made by: Commissioner Jeski
Seconded by: Commissioner Dickety-Gaignat
The motion: carried
The vote was as follows: unanimous.
Appl. 2752-11 – RSK-KELLCO – request for two variances: 1) a 45 foot variance to Table 4.2.11 C.3 to allow parking 20 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 48 foot variance to Table 4.2.11 C.3 to allow circulation 17 feet from the front property line adjacent to Buckland Road/Deming Street (65’ required), on property located at 350 Buckland Road, Buckland Road Gateway Development zone.
Motion to: approve with conditions, Appl. 2752-11 – RSK-KELLCO – request for two variances: 1) a 45 foot variance to Table 4.2.11 C.3 to allow parking 20 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 48 foot variance to Table 4.2.11 C.3 to allow circulation 17 feet from the front property line adjacent to Buckland Road/Deming Street (65’ required), on property located at 350 Buckland Road, Buckland Road Gateway Development zone, as shown on the plans submitted.
The conditions are: 1) The property be well landscaped and screened with vegetation along the Buckland Road/Deming Street frontage; 2) The tobacco barn currently on the property is to remain and be well maintained. If the parcel on which the tobacco barn is located changes ownership, RSK-KELLCO Inc. is relieved of this obligation; 3) Site plan approval from the PZC and Inland Wetlands Agency is required.
The Board concluded the hardships to be: the re-zoning of the property requiring more restrictive setbacks; the extensive wetlands at the rear of the property; and access management zoning regulations which require an access drive be created along the front of the property to serve the property to the south.
Was made by: Commissioner Jeski
Seconded by: Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous.
Appl. 2753-11 – LinBob LLC – request for two 10 foot variances to Table 4.1.6A to allow an enclosed corridor connecting the two buildings to be constructed 0 feet from the side property lines (10’ required), on properties located at 66 Kimberly Drive & 80 Kimberly Drive, Industrial zone.
Motion to: approve with conditions, Appl. 2753-11 – LinBob LLC – request for two 10 foot variances to Table 4.1.6A to allow an enclosed corridor connecting the two buildings to be constructed 0 feet from the side property lines (10’ required), on properties located at 66 Kimberly Drive & 80 Kimberly Drive, Industrial zone, as shown on the plans submitted.
The Board noted that the conditions are: 1) Create a cross-travel easement to include the walkway; 2) A site plan must be submitted to the Planning and Zoning Commission for approval.
The Board concluded the hardship to be: the building and property at 80 Kimberly Drive is being used to the maximum extent possible and any change to the building would require numerous variances to accommodate further expansion on the lot; the alternative is to construct a building on the adjacent lot at 66 Kimberly Drive, thus requiring only two 10 foot variances to allow for the corridor connecting the 2 buildings.
Was made by: Commissioner Jeski
Seconded by: Commissioner Patterson
The motion: carried
The vote was as follows: unanimous.
Regular Meeting
ITEM: Minutes
Motion to approve the minutes of July 7, 2011.
Was made by: Commissioner Jeski
Was seconded by: Commissioner Patterson
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 10:21 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Patterson
The motion: carried
The vote was as follows: unanimous
Respectfully submitted:
Donna Thompson
Recording Secretary
Approved: November 17, 2011
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