TOWN OF EAST WINDSOR – ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
JANUARY 7, 2008
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, January 7, 2008 at the East Windsor Town Hall, 11 Rye Street, Broad Brook, Connecticut. The following members were present: Regular Members Michael Ceppetelli, Tom Arcari, Mary Buckley, Cliff Nelson and Stan Paleski; and Alternate Member Tom Gudzunas. Katie Bednaz, Zoning Enforcement Official, was also present
The meeting was called to order at 7:30 p.m. by Chairman Michael Ceppetelli. A quorum was established as 5 regular members and 1 alternate were present. Mr. Nelson read the Legal Notice as it appeared in publication.
Applications of Calafiore Enterprises, LLC, for property located at 276 Main Street, East Windsor as follows:
ZBA #2008-01 –Variance of Sections 303 Non-Conforming Uses & Structures; 501 Bulk & Area Requirements (front setback); and 601 Off-Street Parking. [B-1 zone]; and ZBA #2008-02 – Location Approval under Sec. 14-54 and 14-55 of the CGS for a used car dealer license
Mr. Ceppetelli noted that these applications can be heard together but they need to be voted on separately.
Jay Ussery, of J. R. Russo & Associates, came forward along with Sal Calafiore, the applicant. Mr. Ussery referred to plans of the property and explained that 276 Main Street is the old Mobil station, located at the intersection of Main Street and South Main Street (Route 5) and across from Thompson Road. He said the Mobil station has been closed for about 5 or 6 years. The applicant wants to open a used car dealership. He does business with Southern Auto. Mr. Ussery noted that the site is a pie-shaped lot surrounded by roads – Route 5 on the east side, Main Street on the west side and on the north side is the unnamed cut-through road which the state uses for their plow trucks to turn around and which allows you to take a right-hand turn on
southbound Route 5 to get over to Main Street. You end up with a lot that has 3 front yard setbacks. The front yard setback requirement is 50 feet. Mr. Ussery pointed out on the map the available building area that is about 175 square feet. He said this building was built in 1962 by Mobil Oil and owned by them until Mr. Calafiore purchased it. Mr. Ussery indicated that they are looking for a variance to allow the expansion of a nonconforming structure. The applicant intends to add a second story to the building for office space.
Mr. Ussery referred to some architectural drawings showing what the addition will look like. He said they are essentially doubling the square footage of the building. They are also asking for a front yard setback of 23 feet where 50 feet is required. In regard to paving, Mr. Ussery said the site is almost totally paved now. It has been dug up due to remediation work being done with the DEP. He said the site was 68.2% impervious coverage with four curb cuts, two on Route 5 and two on Main Street. The
pavement overlapped right over the street line. There are almost no islands at all in terms of landscaping. Mr. Ussery noted that they would like to plant a screen of 5 feet set back from the proposed pavement from the street line. He said that will bring it to 65% impervious coverage which is the requirement. The regulations say that they have to have 25 feet from the pavement to the property line. Although they have created less impervious coverage, they still need a variance to allow a 5 foot setback to the paving. The section of the regulations that talks about paving in proximity to a building requires a 10 foot setback. What they are proposing on the westerly side is a handicap space that will be within approximately 4 feet of the
In terms of hardship, Mr. Ussery said the parcel predates the current regulations. The 50-foot setback requirements essentially leave them with nothing in terms of buildable area. The setback for paving leaves very little for parking.
Mr. Ussery explained that the other application is for approval of the site for a motor vehicle used car dealer license which is required by the State statutes. He noted that if the variances are granted, they will still need to go to the Planning and Zoning Commission for site plan approval.
Mr. Paleski asked about the type of landscaping they will have. Mr. Ussery said it will be something that is low growing. They don’t want to hide the vehicles. Ms. Buckley asked how many entrances they will have. Mr. Ussery responded that they will have only two entrances. There are four now, and they are going to close the two that are closest to the intersection. Mr. Ceppetelli asked about the number of parking spaces. Mr. Ussery said they are required by the square footage to have 10 spaces and that is what they will have.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2008-01. Nelson / Arcari / Unanimous
ZBA #2008-01 - Discussion and Vote:
Mr. Nelson said that out of all the applications that have been before this board over the years, he couldn’t remember one that meets the hardship any more closely than this one. He said it is unique piece of land with three different roads. The property was before our current zoning regulations. He felt they would be putting up a nice building and it would be an improvement. Mr. Arcari said they are not doing anything different. The use was stopped for a number of years. Mr. Paleski said they have certainly proven their hardship. Ms. Buckley agreed that this is a unique piece of property.
MOTION: To approve ZBA #2008-01. Nelson / Arcari / Unanimous
ZBA #2008-02 – Discussion and Vote:
Mr. Ceppetelli said that they are required to act as an agent of the State for the car dealership approval. He pointed out that they need to look at proximity to schools, churches, etc., and this is not near any of that. Mr. Nelson said that this will conform with the Plan of Development.
MOTION: To close the hearing on ZBA #2008-02. Nelson / Arcari / Unanimous
MOTION: To approve ZBA #2008-02. Nelson / Arcari / Unanimous
Election of Officers
MOTION: To maintain all the current officers: Mike Ceppetelli as Chairman, Stan Paleski as Vice Chairman and Cliff Nelson as Secretary.
Nelson / Paleski / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of December 3, 2007.
Nelson / Arcari / Unanimous
MOTION: To adjourn. Nelson / Paleski / Unanimous
The meeting was adjourned at 8: 01 p.m.