Zoning Board of Appeals—December 15, 2015

Middlefield Zoning Board of Appeals

December15, 2015

Minutes

(Approved April 26, 2016)

All corrections on minutes in red and italics

1. Meeting called to order by Chris Champagne at 7:03.

2. Roll Call:

Present were Chris Champagne-regular, Joe Angello-regular, Dave Glueck-regular, Charles Augur-regular, and Michael Janis-alternate. Michael Janis was seated as regular for this meeting

3. Agenda: no changes

Motion was made by Dave Glueck to approve the agenda as published. This motion was seconded by Mike Janis and approved by all members.

4. Minutes:

Motion to approve minutes of November 17, 2015 ZBA as published was made by Joe Angello seconded by Charlie Augur and approved by all members.

Motion to open the Public Hearing on 209 Main St. Building 4 Unit H3 was made by Chris Champagne, seconded by Dave Glueck and approved by all.

Mr. Champagne explained for this application they would be acting as agents of the State of Connecticut.

Mary Cavallo and Doug Palmieri spoke about their application. They explained they would be automobile wholesalers and what that means. There would be occasionally be some cars at the lot and an occasional repair would be done. The unit they are leasing would have 1 bay and space for up to 4 cars inside. If a condition were required Ms. Cavallo would be satisfied with a maximum of 6-8 cars on the property as expectable. Mr. Champagne asked Ms. Cavallo to go over some of the history of the property, included in the application.

Ms. Cavallo was asked about previous Planning and Zoning Meetings she attended to explain what the use would be and it was determined this use was already approved in in the past. Mr. Champagne asked about other conditions. No board members had any other questions.

Mr. Champagne opened the hearing up to the public.

Marianne Corona asked if they were applying for a used car dealership license. Ms. Cavallo stated they were applying for a locational permit for a used car dealership. Ms. Cavallo also explained the zone had mixed uses. Mr. Champagne explained this was HD2 zone and there was a letter of uses from 1990 written by Geoff Colgrove (Town Planner) included in the package. The discussion between Mrs. Corona and Ms. Cavallo continued.

Mr. Aresco from the audience asked if his property (in a residential area, same area) would be allowed mixed uses for his property. Mr. Aresco questioned the Zoning Regulations. Mr. Glueck said everything that comes before the board is case by case. Mr. Champagne clarified this application is to determine suitability for the activity in this specific spot.

Ms. Cavallo explained she went before the Planning and Zoning Commission twice and it was determined this was an acceptable use for this property.

Paul Pizzo asked if the approval would go with the applicant rather than the land itself. Mr. Champagne said it was for the applicant not the property. Any other use would have to go before the appropriate commissions.

Mr. Champagne clarified this is not a zone change. By giving a certificate of approval they will be getting a Certificate from the State of Connecticut. It will not amount to a zone change.

Discussions continued.

Ms. Cavallo spoke to the advantages of having a legitimate business on the property.

Mr. Champagne asked if there was anything else to be discussed. He said this approval if granted would go with the applicant and Unit 3 Building 4. He also asked if certain conditions would be acceptable. Ms. Cavallo said they would.

Motion to close the Public Hearing on 209 Main St Building 4 Unit # 3 was made by Mike Janis, seconded by Dave Glueck and approved by all.

5. Deliberations for 209 Main St Building 4 Unit H3

Mr. Champagne read part of the General Statute 14-54 (b). The application stated specifically Building 4 Unit 3 of 209 Main St (which has mixed uses)

This business will be a home office with no regular hours of operation. Mr. Glueck talked about the site visit and the uses that he saw presently existing whether they are legal/legitimate or not. This business would be a very small scope of the use.

Mr. Augur had a problem in the past with the non-compliance issues still pending on the property as a whole.

Mr. Glueck wanted to know if the board should consider the history of the property as part of their decision even though the applicant is only leasing 1 unit within the property. When he took his site visit his impression was the application is suitable for this property.

Deliberations continued. Mr. Champagne encouraged the board to act solely on the on the proposed application and not the past merits of the property. Mr. Glueck was comfortable with the narrow scope and application presented, going forward with conditions. Mr. Champagne felt comfortable going forward without council.

Deliberations regarding the property compliance continued.

The board took a short break.

The conditions for the approval were discussed. Exhibits were marked for the record.

Motion to approve a certificate of location approval for a license for dealing in or repairing motor vehicles pursuant to General Statutes 14-54(b) for Building 4, Unit H3 of the 209 Main Street Rockfall property as shown on Attachment B of Exhibit A, and subject to the following conditions:
1) The approval is limited solely to Unit H3 of Building 4 of the property.
2) If the applicants wish to expand operations, they shall file an additional location approval application with this Board pursuant to General Statutes 14-54(b).
3) Vehicles shall be delivered to, or picked up from, the property only on Monday through Friday from 8am to 5pm.
4) No more than 8 inventory vehicles shall be stored on the property at one time.
5) Inventory vehicles must be stored in the immediate vicinity of Unit H3.
6) The applicants shall comply with all zoning, inland wetlands and other regulations of the town of Middlefield.
7) The applicant shall obtain any and all necessary approvals from the town of Middlefield and its agencies.
8) This approval is personal to the applicants and shall not run with the land, and shall expire when the applicants cease operations at this location.

Motion was made by Mike Janis, seconded by Dave Glueck and voted 4 in favor 1 opposed, motion carried.

The next steps were explained to the applicant.

6. New Business: No new business. Ed Bailey newly appointed 1st Selectmen introduced himself and thanked the board for volunteering. He stated he would be available to support the Board.

7. Election of Officers

Motions to approve the same officers for 2016 was made by Dave Glueck, seconded by Joe Angello and approved by all members.

8. Chairman’s Report:

Mr. Champagne will draft a letter to the Planning and Zoning Commission and the ZEO to inspect the 209 Main St property due to unresolved issues brought to “light” during the Public Hearing.

9. Adjournment

Motion to adjourn at 9:58 was made by Joe Angello, seconded by Chris Champagne and all were in favor.

Prepared from CD by Nancy Davidson Page 3