TOWN OF EAST WINDSOR - ZONING BOARD OF APPEALS
MINUTES OF REGULAR MEETING
SEPTEMBER 14, 2009
The East Windsor Zoning Board of Appeals held a Regular Meeting on Monday, September 14, 2009 at the Broad Brook Elementary School, 14 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 Dan Noble. Also present was Robin Newton, Zoning Enforcement Official.
The meeting was called to order at 7:31 p.m. by Chairman Michael Ceppetelli. Mr. Nelson read the legal notice as it appeared in publication. A quorum was established as five regular members and one alternate were present. Mr. Ceppetelli noted that all five regular members would be voting.
ZBA #2009-12 - Application of Charles Hart for property located at 264-266 North Road, owned by Revays Properties LLC, for an amendment to a variance granted on 6/1/09 (ZBA #2009-08) to change the location of the propane filling station. [A-1 zone]
Jay Ussery of J. R. Russo & Associates came forward along with the applicants, Francis Revay and Charles Hart. Mr. Ussery presented plans to the board. Mr. Ceppetelli said that there were a number of questions at the last meeting regarding the actual dimensions. Mr. Ussery said that he was not at the last meeting. He explained that he had a meeting with Mr. Hart and went to the site to verify the dimensions including the tank, parking area and the manhole. He noted that the tank is located 37 feet from the manhole. He said they want to move the location of the tank essentially to the same location as when they had first started. He said Blaine Simpkins, Fire Marshal, had agreed that the location would be OK. It won’t impact the parking. Mr. Ussery said he
verified the dimensions and noted them on the plans. Mr. Ceppetelli said that Mr. Simpkins’ letter (submitted at the previous meeting) was vague. It didn’t reference a drawing. He said there have been at least 3 variations. Ms. Newton noted that the letter references the date on the plan as 7/7/09. She said the location that Mr. Ussery referred to has the same date on the plan.
Mr. Ceppetelli opened up the hearing to the public. No came forward to speak.
MOTION: To close the hearing on ZBA #2009-12.
Paleski / Arcari / Unanimous
Discussion and Vote:
Mr. Nelson said he still has the same feeling as with the first application. He didn’t feel that is the proper place for this. He said there have been a lot of things on the news lately, elderly people driving into buildings, etc. He didn’t think they have proven a hardship. They gave them the approval to move the tank in the back. He felt that having to walk 20 or 30 feet is not a hardship. He said last month there was discussion about seals that can be put on the sewer cover. He said he wanted to see what kind of seals they are. Mr. Ceppetelli said in looking at the map he didn’t see a reference to a seal. If they approve this without a condition, there is no guarantee that they will put a seal on it. Mr. Arcari said he is involved with the
fire department and he knows what kind of seals. He sees it all the time. He said as long as they use a seal it should be OK. He said if the Fire Marshal has no problem, he has no problem. Mr. Ceppetelli noted that there are a number of pylons around the tank. He said there they don’t have a detail of the tank itself and questioned whether it is on a pad. Mr. Hart said it would be on a concrete pad. Mr. Paleski said as long as they use a seal he had no problem with it. Mr. Ceppetelli made the recommendation that if they were to approve this, there should be a condition that a seal be used.
MOTION: To approve ZBA #2009-12 with the condition that they have a seal gasket with a bolted frame and cover on the manhole cover. Arcari / Buckley
In Favor: Arcari; Buckley; Paleski; Ceppetelli
ZBA #2009-15 - Application of Heavy’s Automotive, Inc. for property located at 38 Prospect Hill Road, owned by Dean A. and Caren E. Rasmussen, for a variance of Section 601.3h. 1 & 2, Parking Lot Design, to allow parking within the required front, side and rear parking setbacks. [M-1 zone]
Appearing for the applicant were Attorney Thomas Fahey, Jay Ussery of J. R. Russo & Associates and David Mikalonis and his sons, Dan Mikalonis and Sam Mikalonis, and the property owner Dean Rasmussen. Atty. Fahey presented an Affidavit stating that they had posted the public hearing sign as well as a Certificate of Mailing as proof that the abutters had been notified. Atty. Fahey referred to plans and pointed out that this property is located at the corner of Route 5 and Newberry Road. He said it is an unusually shaped site. There are several tenants in the building with a vacancy to the rear of the building. That is where they want to have a general repairer’s license and used car dealership. They will occupy about 3,100 sq. ft. of the building. As part of their operation they will
have U-Haul trucks that will be dropped off, serviced and picked up. Atty. Fahey said this is an ideal site. It’s in an industrial zone. The building and pavement already exist.
Mr. Ussery pointed out on the plans that on one side the right-of-way line for Prospect Hill Road is located 125 feet back from the edge of pavement and on another side it is 95 feet back from the edge of pavement. He said typically we’re used to seeing something that is 15 to 20 feet back. The required setback is 25 feet in the front yard. It is an existing nonconformity. Mr. Ussery said that Laurie Whitten suggested that they come in for a variance. He went on to say that a lot of the driveway and the existing parking is located in the State right-of-way in front of the building. He said they can locate all their required parking on the property, not within the State right-of-way. He referred to the parking schedule on the plans and showed the spaces that
will be used. Some are for display areas for the U-Hauls and the vehicles for sale. Mr. Ussery said they have a situation where they can’t meet that 25 foot setback. The building corner itself is only 5 feet off the State highway line. The parking area on the side and the back in some areas is paved right up to the property line, so it doesn’t meet the 10 foot requirement. They are asking for a variance to allow pavement essentially zero feet from the property line. Atty. Fahey indicated that they are not proposing any new pavement whatsoever. He said this is not self-created. Someone else would have the same issues. He said they still would need site plan approval from the Planning & Zoning Commission.
Ms. Buckley asked about parking for the other tenants. Atty. Fahey noted that all the other tenants have designated parking spaces. Dean Rasmussen, the property owner, said he has talked to all the tenants and they are happy to see this use.
Mr. Ceppetelli opened up the hearing to the public. No one came forward to speak.
MOTION: To close the hearing on ZBA #2009-15.
Nelson / Arcari / Unanimous
MOTION: To approve ZBA #2009-15. Nelson / Arcari / Unanimous
Mr. Nelson said they have proven their hardship. They are not adding anything new.
ZBA #2009-16 – Application of Heavy’s Automotive, Inc. for property located at 38 Prospect Hill Road, owned by Dean A. and Caren E. Rasmussen, for Location Approval under Sec. 14-54 and 14-55 of the CGS for a used car dealer license. [M-1 zone]
Attorney Thomas Fahey came forward along with David Mikalonis and his sons, Dan Mikalonis and Sam Mikalonis, and Jay Ussery of J. R. Russo & Associates, and the property owner, Dean Rasmussen.
Mr. Ceppetelli reminded the Board members that they are acting on behalf of the State to determine that this site is not near schools, churches, or other places that would be adversely affected by this use. Atty. Fahey said this is in an industrial zone and the use is permitted. He said this particular location at the intersection of Newberry Road and Route 5 is an ideal location. It is not near schools, churches or things of that nature. There is a traffic light and it is located near the highway ramp. They meet the parking requirements based on the zoning regulations and there is enough room to accommodate all the tenants.
Mr. Ceppetelli opened up the hearing to the public. No one wished to speak.
MOTION: To close the hearing on ZBA #2009-16.
Nelson / Paleski / Unanimous
Mr. Nelson said this is a good spot for this use. There are a lot of used car dealers in the area.
MOTION: To approve ZBA #2009-16. Nelson / Buckley / Unanimous
APPROVAL OF MINUTES:
MOTION: To approve the minutes of August 3, 2009 as written.
Nelson / Arcari / Unanimous
MOTION: To adjourn. Nelson / Paleski / Unanimous
The meeting was adjourned at 8: 10 p.m.