BOARD OF APPEALS MINUTES
Monday, June 23, 2008
7:00 p.m.
Present: Chairman, Lisa Beauvais, Secretary Christine Kumiega-Provost, and Alternate Chet Zymroz
Absent: Vice-Chairman Greg Neffinger and Alternate Jim Bodurtha
The Chairman called the meeting to order at 7:02 p.m.
2. Public Hearings
7:00 p.m. (7:03 p.m.) Gordon Colby (Variance) – application to amend an existing variance on the property known as 140 Baldwin Street in a Business B-1 (BB-1) zoning to allow for two additions to the existing warehouse. Continued from 4/28/08.
Ms. Beauvais moved to continue the public hearing to July 14, 2008, at 7:00 p.m.; Ms. Kumiega second. Two in favor; Mr. Zymroz abstaining.
Ms. Beauvais moved to grant a 30-day extension to the review period; Ms. Kumiega second. Two in favor; Mr. Zymroz abstaining.
7:05 p.m. (7:05 p.m.) Brian Cleland (Variance) – application to amend an existing variance on the property known as 865 Memorial Avenue in the
Business A (BA) zoning district.
Attorney Sypek explained the applicants run an establishment at 865 Memorial Avenue, Richard’s Grinders, and are here before the Board after a tragic fire occurred at the building causing extensive damage to their business. The property owner, Mr. Katsoulis is currently working with the town to reconstruct and reoccupy the site. They are in receipt of a letter from the Planning Department dated May 28, 2008, that says the cinder block extension would need to be removed and if it were to be reconstructed, it would need a variance from this Board. In 1973 there was a variance granted for two additions on this site. In 1980 they came back for the variance to expand the building. The building has a large footprint on an irregular shaped lot. The 1980 approval did
not include the concrete storage container, but the storage area has been in existence for 26 years. It is a freezer area and instrumental to the operation of Richard’s Grinders. The structure is 19 ½ x 26 feet, a little over 500 square feet. They need to go back to the 1980 variance to allow for the expansion of the building to include this bump out in the facility. In both previous variances, the arguments put forth were that the lot is irregularly shaped and Bramble Avenue comes right to the back of the building. This facility, as it exists, has an impact on the right-of-way. Connecticut Valley Block has their facility right behind these doors.
Ms. Beauvais asked if the 1980 plans did not include that piece of property and no permits were issued for the storage area? Attorney Sypek said that was correct. Ms. Beauvais asked if the structures were in Bramble Avenue? Attorney Sypek said Bramble stops behind the building short of Circuit Avenue. Connecticut Valley Block is predecessor in title and they have a right of ingress and egress. There is heavy equipment and vehicles stored out back. Ms. Beauvais asked if there is an easement in place, what are the implications of granting a variance under that? Attorney Sypek felt fine granting a variance to the property owner subject to an easement for a structure that has been there 26 years and no one has had an issue with it being there. All abutters
were notified of this meeting and no complaints were filed raising any concerns.
Ms. Kumiega said the other property could be sold and the new owner could want to exercise their rights over Bramble Avenue. Attorney Sypek said it does not extend the road, but the right to go across and connect if necessary. Ms. Kumiega said the current owners there do not have an issue but future owners may. Does the Town have a concern in granting this? Under 40A the Board has to be concerned with detriment to the public good. Attorney Sypek said access is there and will not effect the public at all. It has been used for 26 years. Ms. Kumiega asked if the container was a mobile container? Attorney Sypek said the existing unit will be removed and it would be reconstructed with cinderblock.
Ms. Beauvais asked for comments from the audience. No comments followed.
Ms. Beauvais moved to close the public hearing; Ms. Kumiega second. UAV.
Ms. Kumiega asked if the Board should get the opinion of Town Counsel regarding the easement. Maybe that is why it is a removable structure now?
Ms. Beauvais asked Mr. Werbiskis if a building permit would be necessary for a storage container. Mr. Werbiskis said yes permits are necessary.
Ms. Kumiega said the Board does not want to get into implications of what other property owners have in that right of way. It is entirely up to the property owners.
Ms. Beauvais said she was concerned if others have the right to use the easement, can a variance be granted to infringe on that easement right? It is easy to say there is enough access, but can we legally add a variance to an existing legal easement?
Ms. Kumiega said they need to be concerned about the public good. Can this be viewed as public good? We do not know the status of the title, but how does the Board consider that in the decision if we acknowledge the possible existence of private property lines. Ms. Beauvais said the building abuts the property line and the extension goes over the property line and into the right of way. Ms. Kumiega said the Board needs to acknowledge that yes, there is a potential private property owner with rights to that section of the property. If the Board makes a decision based on title matters, the Board needs to know what the title says.
Ms. Beauvais asked if the requirements for a variance have been met? The Health Department would like to see the building brought into compliance with all codes. The Town held meetings with regard to the reconstruction of the building and there are some outstanding Zoning, Health, and Building issues. One being the bump out area that was added without permits, handicap-parking issues, and Health Code requirements have changed and the building would have to be brought into conformity with all current codes.
Ms. Kumiega said the lot is odd-shaped and Bramble Avenue being in existence right there.
Ms. Beauvais asked if the Board felt there was a hardship?
Mr. Zymroz said in 1980 it was stated that they would not be able to conduct their business there and it is the same type of hardship at this point. Ms. Kumiega said she accepts that there is a substantial hardship and can rebuild under the same circumstances.
Ms. Beauvais moved to amend the existing variance at 865 Memorial due to the shape of the lot being unusual and the actual building thereon is uniquely shaped and the replacement of the additional rear structure is necessary due to there being a substantial hardship to the owners and they would be unable to continue their business due to the fire destroying their current business. The Board acknowledges an easement agreement that effects the abutting property owners, but the additional structure would be built within the confines of this property; Ms. Kumiega second. UAV.
3. New/Old Business
4. Date of Next Meeting
The next regular meeting of the Board will be a special meeting held on Monday, July 14, 2008, at 7:00 p.m. The meeting on July 28th will not be held.
5. Adjournment
Ms. Beauvais moved to adjourn the meeting at 7:35 p.m.; Ms. Kumiega second. The vote was unanimous.
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Christine Kumiega Provost
Secretary, Board of Appeals
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