TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
MAY 4, 2009
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, May 4, 2009 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, and Cliff Nelson. Also present was Robin Newton, Zoning Enforcement Official.
The meeting was called to order at 7:32 p.m. by Chairman Michael Ceppetelli. A quorum was established as 4 regular members were present. Mr. Nelson read the Legal Notice as it appeared in publication.
ZBA #2009-06 - Application of John Melnick, for property located at 45 Wells Road, for a variance of Section 401 Bulk & Area Requirements – Residential Districts, to allow an 8’ x 16’ shed to be located within the required front setback. [A-1 zone]
Robin Newton, ZEO, informed the Board that the applicant, John Melnick, withdrew his application.
ZBA #2009-07 – Application of Susan M. Clavette, for property located at 26 Elaine Drive, for a variance of Section 401 Bulk & Area Requirements – Residential Districts, to allow a 12’ x 24’ detached garage to be located within the required side setback. [R-1 zone]
Susan Clavette came forward to explain her application. She stated that her lot is a legal non-conforming lot. She explained that she would like to construct a garage12’ x 24’ adjacent to her home at the end of the existing driveway. Ms. Clavette explained that this would cause an encroachment into the side setback, leaving only a 5’ side yard setback.
Cliff Nelson stated that he was unhappy with the hand drawn plans and asked that staff in the future not accept them in the office. Ms. Clavette referred to Board to the GIS aerial print out.
MOTION: To close the hearing on ZBA #2009-07. Nelson / Arcari / Unanimous
Discussion and Vote:
Mr. Ceppetelli stated that the lot is a legal non-conforming lot as are all the other lots in the neighbor. With no further discussion, a motion was made.
MOTION: To approve ZBA #2009-07. Nelson / Arcari/Unanimous
ZBA #2009-08 - Application of Charles Hart for property located at 264-266 North Road, owned by Revays Properties, LLC, for a variance of Section 404 Permitted Accessory Uses – Residential Districts, to allow the retail sale of propane as an accessory to an existing greenhouse/garden center facility. [A-1 zone]
Jay Ussery from J.R. Russo and Associates was present with the applicant. Mr. Ussery explained that the Zoning Regulations are silent on the issue of propane sales. Mr. Ussery did give examples of other garden centers in Town which have propane sales as an accessory use to their garden business. Mr. Ussery showed the plans to the Board and the location of the proposed propane tank. Mr. Ceppetelli asked the size of the tank being proposed. It was stated to be 1,000 gallons.
There was discussion amongst the Board and the applicant regarding concerns about people parking in front of the tank and the location of the tank in reference to a manhole which connects to a septic system on the property. Mr. Ussery stated that the tank will sit on a concrete pad and is located approximately 15 feet from the parking area. There are proposed concrete bollards in front of the tank.
Mr. Ceppetelli asked if this location was truly the best location for the tank. Mr. Ussery explained that while the location is for convenience, it cannot be located further back due to the seasonal parking area and they did not want to place it close to the greenhouses.
It was stated that the Fire Marshal would have the final say as to the exact location of the tank.
Mr. Arcari stated he would like to have the Fire Marshal sign off on the location before any variance is granted. Mr. Ceppetelli and Mr. Nelson also expressed concerns with the location of the tank.
Marie DeSousa-10 Rice Road-stated that she has no issue with the propane tank being placed as part of the business expansion.
The Board and the applicant conversed as to whether or not the applicant would like a vote on the application tonight as there are only 4 members and all 4 members would need to a positive vote to approve. The Board stated it would feel more comfortable if the Fire Marshal signed off on the location first. Mr. Ussery stated that they could go to the Fire Marshal and have the location approved.
Ms. Buckley made a motion to continue the hearing to June 1, 2009. Thomas Arcari seconded the motion, motion was carried unanimously.
Vote on Appeal Period Time Frame
Cliff Nelson made a motion to set the appeals period time frame to 30 days for any person, department, or board aggrieved by a decision, order or requirement of the official charged with the enforcement of the zoning regulations. Mr. Arcari seconded the motion, motion was carried unanimously.
APPROVAL OF MINUTES:
MOTION: To approve the minutes of April 6, 2009 as written.
Nelson / Arcari/Unanimously
MOTION: To adjourn. Nelson / Arcari / Unanimous
The meeting was adjourned at 8: 10 p.m.
Robin M. Newton
Zoning Enforcement Official