BOARD OF APPEALS MINUTES
MEETING ON
Tuesday, May 27, 2008
7:00 p.m.
Present: Vice-Chairman Greg Neffinger, Secretary Christine Kumiega-Provost, and Alternate Jim Bodurtha
Absent: Chairman Lisa Beauvais and Alternate Chet Zymroz
The Vice-Chairman called the meeting to order at 7:02 p.m.
1. Acceptance of Minutes
Mr. Neffinger moved to table the minutes of April 28, 2008, until the next meeting of the Board; Ms. Kumiega second. UAV
2. Public Hearings
7:00 p.m. (7:04 p.m). W.H. Fenton Co. Inc. (Special Permit) – special permit from Section 4.21 to allow for the expansion of a non-conforming use by allowing for the expansion of the parking area at the property located at 112-120 Westfield Street in the Central Business District (CBD) and the Residence B (RB) zoning district.
Mr. William Fenton came forward to explain he would like to expand his parking area in the rear of the building located at 112-120 Westfield Street. This would enable the expansion of the vacant left side of the office building. The area to be used as parking is currently a grassed area. Mr. Fenton discussed his plan to expand the upstairs of his building in the next two years. The parking area is completely fenced with a storm drain. There is no exit from the rear of the property.
Mr. Neffinger asked if the drain was a catch basin? Mr. Fenton said it is a steel-grate basin tied into the city storm water system.
Mr. Neffinger asked if he had adequate parking now? Mr. Fenton said yes, but in order to expand the building, he would need to utilize the proposed parking area.
Mr. Bodurtha asked if the renovations would be internal with no new construction to the building? Mr. Fenton said yes, all work would be done inside the building.
Mr. Werbiskis explained the site has been used as a garage facility and as a professional office use with the entire rear yard paved for parking at one time. Mr. Fenton has made improvements to the building and a section of the rear parking was abandoned and grassed. He now needs to re-establish the parking in that area, which is in the Residence B zoning district and is considered a non-conforming use, thus the reason for the special permit before this Board. The parking lot expansion would enable the applicant to have complete occupancy of the building.
Mr. Bodurtha asked if there is fencing along the sides and rear of the property? Mr. Fenton said he would keep the fence up all around the building. Mr. Bodurtha asked Mr. Werbiskis if the applicant had kept the area paved as parking spaces, would he need this special permit? Mr. Werbiskis said the parking area had been discontinued for more than two years.
Mr. Neffinger asked for comments from the audience.
Mr. Fred Lafortune of 47 Mosher Street, said he lives on the side of the property in the rear and he would prefer a higher stockade fence, about 8 feet in height, and the existing fence repaired where necessary. Mr. Werbiskis said the maximum fence height allowed under zoning in a residential area is 6 feet. Mr. Werbiskis suggested a planting of arborvitae trees that could provide an additional buffer to the residents. The fence height can only be exceeded through the issuance of a variance.
The Board discussed the areas of 8-foot fencing and 6-foot fencing on the property. Mr. Werbiskis noted some residents on Mosher wanted to be sure that no access would be allowed to Mosher Street.
Ms. Kumiega asked if a condition should be made regarding the storm drainage system on site? Mr. Werbiskis said an oil and gas separator may be required to comply with the current standards with the upgrade of the parking lot expansion. (See DPW letter dated April 23, 2008).
Ms. Kumiega moved to close the public hearing; Mr. Bodurtha second. UAV.
Ms. Kumiega said the plans meet the criteria for a special permit, with the additions of conditions as discussed.
Mr. Bodurtha moved to approve the special permit with the conditions that
Vehicular access to Mosher Street shall be prohibited; and the lot shall not be developed, regraded or altered in any manner that will increase surface water drainage to abutting streets or properties and the use of on-site infiltration of storm water is strongly encouraged; and the storm water management system shall be brought into conformity with the requirements of the Department of Public Works as outlined in a memo from James Lyons, Town Engineer, dated April 23, 2008; and the six-foot high wood stockade fence located along the property boundary of 47 Mosher Street shall be replaced with new fence of similar height and style. An arborvitae landscaped buffer, five feet in height and six feet on-center shall be planted along the length of the fence within the applicant’s property; Mr.
Neffinger second. UAV.
7:05 p.m. (7:30 p.m.) – R.M.E. Enterprises, Inc. (Variance) – variance from Table 9-1 of the Zoning Ordinance that requires one parking space for every two employees on the largest shift at the property located at 1422 Elm Street in the Business A (BA) zoning district.
Mr. Werbiskis explained due to a conflict with two Board members present and the applicant’s attorney, the applicant is requesting the hearing be opened and continued to a special meeting of the Board on June 17, 2008.
Mr. Neffinger moved to continue the public hearing to June 17, 2008, at 7:05 p.m.; Ms. Kumiega second. UAV.
3. New/Old Business
a. Southworth Street Special Permit extension request – Mr. Werbiskis said the applicant is requesting a six-month extension to the special permit to reconstruct a church at 23 Southworth Street. The original special permit was granted on February 2, 2007. The extension would expire on August 2, 2008.
Ms. Kumiega said she did not see any problem with granting this request.
The Board discussed the criteria with special permits expiring and extending them.
Ms. Kumiega moved to grant the six-month extension from February 2, 2008 to expire on August 2, 2008; Mr. Neffinger second. UAV.
b. Mr. Werbiskis asked the Board to check their availability to hold a special meeting in July to handle the variance hearing for 140 Baldwin Street that was continued to the June 23rd meeting. Mr. Neffinger will not be available to attend that meeting, so the Board has three options; continue or extend the variance 100-day review period, deny the project or take no action and it would automatically be approved, or hold a special meeting.
4. Date of Next Meeting
There will be a special meeting of the Board on June 17, 2008, at 7:00 p.m. and the next regular meeting of the Board will be held on Monday June 23, 2008, at 7:00 p.m.
5. Adjournment
Ms. Kumiega moved to adjourn the meeting at 7:45 p.m.; Mr. Neffinger second. The vote was unanimous.
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Christine Kumiega Provost
Secretary, Board of Appeals
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