TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 June 6, 2013
MEMBERS PRESENT: Thomas Berstene, James Kupchunos, Teri Dickey-Gaignat, Joseph Etter, Joseph Kennedy
ALTERNATES PRESENT: Wayne Kilburn sitting for Joseph Kennedy
Steven Carty
STAFF PRESENT: Pam Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the June 6, 2013 Public Hearing/Regular Meeting.
Chairperson Berstene called the public hearing to order at 8:00 pm in the Madden Room.
Commissioner Kennedy stated for the record that he was recusing himself as he had been the applicant’s mailman for fifteen years and wanted to prevent any possible conflict of interest. Commissioner Kennedy asked that Alternate Commissioner Kilburn sit for him.
The Recording Secretary read the legal notice as published in the Journal Inquirer into the record.
Public Hearing
Appl. 2770-13 – Satellite Tool & Machine Co., Inc. on behalf of Jan and Elizabeth Lukasik - request for two variances to Table 4.1.6 to allow: 1) a 0’ side yard setback (10’ required) for property located at 179 Commerce Way; and 2) a 0’ side yard setback (10’ required) for property located 185 Commerce Way, to allow for the construction of 22’ X 53’ roof covering between the two existing buildings, I zone.
Mr. Jan Lukasik, owner, and his son, Mr. Jack Lukasik, presented information regarding the application. The Lukasik’s indicated that they wanted to roof additional area of the connector between the two buildings for storage purposes with a dry, secure environment, with good accessibility. Other areas on the property would not be feasible due to deeply sloping topography in the rear, parking requirements, and close proximity to the 80 foot upland review area of abutting wetlands. The new roofing would match size and height of existing structure. Currently the material to be stored in the proposed area is in the building, but more room is needed for safety reasons under OSHA requirements. There will be an overhead door to secure the area as there has been some theft from the property of valuable items stored
outside.
Commissioner Etter inquired as to why the two parcels remain separate; why not combine them, which would eliminate the need for a variance. The Lukasik’s prefer to keep the parcels separate as their business is cyclical and this gives them the ability to use one building and lease the other to another business when they do not need the use of both buildings. If one parcel was sold, which they do not intend to do, the connector could be removed or locked.
Commissioners discussed the parking needs and requirements, the wetlands and upland review area, how deliveries and shipping are handled and the previous variance granted for the property. If this variance was granted and the property or properties were sold, the two buildings could be expanded to the property line and a common wall built between them at a length of 53 feet.
Commissioner Etter stated that he felt there were other places on the property where this structure could be placed and could not support this variance request without seeing the back of the building to determine whether or not there was room there.
Motion to: close public hearing at 8:47 pm
Was made by Commissioner Kilburn
Seconded by Commissioner Dickey-Gaignat
The motion: carried
Vote: unanimous
Deliberative Session
Appl. 2770-13 – Satellite Tool & Machine Co., Inc. on behalf of Jan and Elizabeth Lukasik - request for two variances to Table 4.1.6 to allow: 1) a 0’ side yard (10’ required) for property located at 179 Commerce Way; and 2) a 0’ side yard (10’ required) for property located 185 Commerce Way, to allow for the construction of 22’ X 53’ roof covering between the two existing buildings, I zone.
Commissioner Kupchunos stated that both properties fall within encroachment of the upland review area of the abutting wetlands and there is immediate sloping in the rear that cannot be filled to accommodate expansion.
Commissioner Etter again stated that he felt there were alternatives to this proposal.
Chair Berstene stated that there are alternatives available through Planning and Zoning.
Motion to: deny Appl. 2769-13 – Appl. 2770-13 – Satellite Tool & Machine Co., Inc. on behalf of Jan and Elizabeth Lukasik - request for two variances to Table 4.1.6 to allow: 1) a 0’ side yard (10’ required) for property located at 179 Commerce Way; and 2) a 0’ side yard (10’ required) for property located 185 Commerce Way, to allow for the construction of 22’ X 53’ roof covering between the two existing buildings, I zone. The Board concluded there was no hardship because there are alternatives for building on the site.
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried 4 - 1
Vote: 4 yea – Berstene, Kupchunos, Dickey-Gaignat, Etter; 1 nay - Kilburn
Approval of Minutes: Minutes from 5/2/2013 tabled to next meeting.
Old Business:
Commissioner Etter expressed a concern regarding some of the information in the Training Materials packet he received from the May 30, 2013 Training Session. Chair Berstene advised Commissioner Etter to discuss this concern with Michele Lipe, Town Planner.
New Business:
Chair Berstene emphasized the importance and necessity of including the most current, up to date site plans associated with each application in the ZBA packets sent to the Commissioners.
Per Commissioner Etter’s request, Chair Berstene asked that after the cutoff date, upon determination that a meeting is needed, notification and a copy of any applications be sent electronically to each Commissioner.
Adjournment:
Motion to: adjourn the meeting at 9:24 pm
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried
Vote: unanimous
Respectfully submitted:
Donna Thompson, Recording Secretary Approved: September 5, 2013
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