TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 January 5, 2012
MEMBERS PRESENT: Stephen Wagner, Thomas Berstene, Sandy Jeski, Teri Dickey-Gaignat, James Kupchunos
ALTERNATES PRESENT: Karen Patterson
Stephen Lewis
STAFF PRESENT: Michele Lipe, Town Planner
Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the January 5, 2012 Public Hearing/Regular Meeting.
Public Hearing
Chairperson Wagner 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 Saturday, December 24, 2011 and Saturday, December 31, 2011.
Appl. 2759-11 – American Eagle Federal Credit Union – request for two variances: 1) a 55 foot variance to Table 4.2.11 C.3 to allow circulation 10 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 27.1 foot variance to Table 4.2.11 C.3 to reduce the front yard setback to 37.9 feet adjacent to Buckland Road (65’ required), on property located at 512 Buckland Road, Buckland Road Gateway Development zone.
Peter DeMallie, Design Professionals Inc., began the presentation for the application by introducing himself and other representatives of the applicant. Mr. DeMallie stated that this application would also have to be submitted to the Planning and Zoning Commission, Inland Wetlands Agency, Water Pollution Control Authority and Architectural Design Review Board.
Mr. Dean Marchesseault, American Eagle Federal Credit Union, gave background information on the credit union. It is the second largest in Connecticut.
Mr. DeMallie reviewed the sixteen items on the Narrative Statement he submitted referencing the specific hardships and circumstances supporting this application (see attached narrative).
Attorney Hal Cummings, representing the credit union, stated that due to zoning changes, wetlands regulations and multiple frontage takings by the Town all the properties in this area will require variances for development on the lots, which are small residential parcels. Attorney Cummings noted that two properties in this area have already received variances in order to establish their businesses – Dr. Grillo, and Crandal and Daughter. Attorney Cummings stated that the design and development are consistent with the other development in the area and that the variances are in keeping with the spirit of the zone, the neighborhood and future development needs.
Marilyn Dzen, 41 Oakland Road, an abutter to the rear of the subject property spoke in favor of the application. Ms. Dzen, a realtor, stated that the property has been for sale for five years and has been difficult to market due to the zone requirements and the shared driveway requirement. Ms. Dzen said that a bank would be a good use of the property and that without the requested variances the property will not be able to be used.
Attorney Wayne Gerlt , representing Karen Smith (Mr. Dodd’s daughter), stated that the need for the variances is only because of town requirements, nothing on the part of the owner of over 50 years, that the house has been in disrepair for many years and that this will be an enhancement to the neighborhood.
Attorney Ralph Alexander, representing abutting property owner Dr. Robert Grillo, stated that he does not object to the setback of the building, but to the intensity of development of the small site. He is very concerned about the drive-thru, and the amount of pavement which, with sidewalks will be too much impervious surface. He stated that the Town required Dr. Grillo to scale back his plans and feels this should be a smaller building also. He feels that this plan with vehicle traffic around the front of the building would have a negative impact for Dr. Grillo.
Commissioners questioned access management for existing properties to the North, distance of front circulation from Buckland Road, sidewalk placement, need for the number of drive-through/bypass lanes, number of parking spaces, hours of operation and expected traffic flow at peak times, change of design or placement of building, maintenance responsibility of shared driveway originally installed by Dr. Grillo, signage, lighting, obstruction of site line by landscaping. Mr. DeMallie responded to the Commissioners’ questions with input from the other representatives: utilizing existing driveway to the North; zone plan is for traffic light access for all properties to and from Buckland Road; sidewalk placement could be adjusted; number of lanes is current standard for financial institution – 1 driveup ATM/night drop, 2
drive-thrus, 1 bypass; a traffic study/engineering report will be done; design and placement of building is to allow traffic flow without obstruction of parking, driveway, etc and to disturb as limited amount of wetlands as possible; the number of parking spaces are needed to accommodate employees and customers and is based on historical data; the maintenance of the shared driveway will be determined by AEFCU and Dr. Grillo – Dr. Grillo was aware of this as a condition of approval for his building; the landscaping plan will address the lighting issue and will not obstruct the site line; and the signage will probably by on the building, but will be determined by Town requirements.
Commissioner Berstene stated that this application seems to be a self- incurred hardship because the applicant knew going in that the property is the way it is. Attorney Cummings stated that when the Dodd’s bought it, it was not this way, the changes were made since then. Zoning changes, Town takings of frontage, wetlands regulations have created the hardship and due to the parcel cannot be developed in any reasonable way without variances. Town Planner, Michele Lipe stated that with the re-zoning, the Town wanted to encourage consolidating of the small lots in this area.
Chairperson Wagner closed the public hearing at 9:48 pm.
Chairperson Wagner adjourned the meeting at 9:50 pm for a 10 minute break. Meeting was reconvened at 10:00 pm.
ITEM: Deliberative Session
Appl. 2759-11 – American Eagle Federal Credit Union – request for two variances: 1) a 55 foot variance to Table 4.2.11 C.3 to allow circulation 10 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 27.1 foot variance to Table 4.2.11 C.3 to reduce the front yard setback to 37.9 feet adjacent to Buckland Road (65’ required), on property located at 512 Buckland Road, Buckland Road Gateway Development zone.
Commissioners did not have a problem with the variance for the building setback, but were concerned about the variance for the circulation. They felt that the owner has a right to be able to do something with the property and that issues were created with the changes made since Mr. Dodd purchased it over 50 years ago. The Commissioners felt that any business would have the same issues. The Commissioners felt that the landscaping plan would have to address the blocking of vehicle headlights from Buckland Road traffic while not interfering with the site line. Commissioner Berstene felt that the Buckland Gateway Zone might not be appropriate for this area.
Motion to: approve with conditions, Appl. 2759-11 – American Eagle Federal Credit Union – request for two variances: 1) a 55 foot variance to Table 4.2.11 C.3 to allow circulation 10 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 27.1 foot variance to Table 4.2.11 C.3 to reduce the front yard setback to 37.9 feet adjacent to Buckland Road (65’ required), on property located at 512 Buckland Road, Buckland Road Gateway Development zone, as shown on the plans submitted November 9, 2011 for Project No. 3077 by Design Professionals Inc.
The condition applies to the approval of both variances, and is as follows: 1) The property be well screened with appropriate vegetation to block the headlights of vehicles using the drive-around from the view of northbound traffic on Buckland Road.
The Board concluded the hardships for both variances to be the same. The hardships are: 1) wetlands taking up 1/3 of the property; 2) taking of frontage by the Town for road improvements; 3) change of regulations in the fifty years of ownership which restricted the use of the land; 4) non-conforming frontage due to change in zoning to Buckland Road Gateway Development Zone.
Was made by: Commissioner Berstene
Seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous.
Regular Meeting
ITEM: Minutes
Motion to: approve the minutes of December 1, 2011.
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Election of Officers
Motion to: nominate Thomas Berstene as Chairperson
Was made by: Commissioner Jeski
Seconded by: Commissioner Kupchunos
The motion: carried
The vote was as follows: unanimous
Motion to: nominate Stephen Wagner as Vice Chairperson
Was made by: Commissioner Berstene
Seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: nominate Jim Kupchunos as Secretary
Was made by: Commissioner Jeski
Seconded by: Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Discussion of PZC meeting on the Plan of Conservation & Development
The Commissioners recommended wider lots, different setbacks, periodic review of regulations, more flexibility in development, reviewing the number of variances occurring in certain areas to possibly make changes, size limits on accessory structures, corner lot revisions, and further development or revitalization of certain shopping centers.
ITEM: Adjournment
Motion to: adjourn the meeting at 11:02 p.m.
Was made by Commissioner Berstene
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Respectfully submitted:
Donna Thompson
Recording Secretary
Approved: May 3, 2012
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