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HomeMy WebLinkAboutTemporary and Conditional Permit (14) 1 APPLICATION FOR TOWN OF SOUTH WI N DSOR ZONING BOARD OF APPEALS 1. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. 3. Answer all items, with particular attention to Page 3. 4. Application must be delivered to Chairman or Secretary no later than 15 days prior to first Thursday of each month. Submit application as soon as possible because it will be returned if incomplete or not described satisfactorily. 5. The applicant or his representative must be present for the Board Meeting (time and place to be advised). TO BE COMPL TED BY BOARD V. Filed �. d. . /�. . . . . Applicant . . Q� �i ATE) � T� . . fop... . Fee . :�. : . . . . . . . . . . Mailing Address l fp Recei t No. /.al�y 7 d„ t I � Is applicant a corporation, co-partnership or individual? 1,o�1el'.&td AK,6 • • • • • • • • • • • • • If corporation list names of officers, if co-partnership — owners: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Is applicant owner, lessee or prospective tenant? . . . • • • • • • • • • • • • • • • • • • • • . . . . • • . . • . . Check one of the following: ❑REQUEST VARIATION OF ZONING ORDINANCE: To vary Article . . . . . . . . . . . . . . . Section . . . . . . . . . . . . toallow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ OR SPECIFIC EXCEPTION OR El APPROVAL UNDER Section• • • • • • • • • • • • • • • • • • • . • • • • • • " • • toallow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑OR AN APPEAL FROM THE BUILDING INSPECTOR'S DECISION INVOLVING . . . . . . . • • • • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ OR STATE HEARING UNDER 14-321 ❑ OR 14-54❑ OF THE GENERAL STATUTES FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �J OR TEMPORARY AND CONDITIONAL PERMIT . .?''ie. ..dam'.i -4W-AW `/'. +a• • • • g k . . . / 0.C i .•. . . . Zone.� ,�/ . on premises known as .�j�,� (STREET AND NUMBER) r Owner of property 77 'Dvetl.�ic•d• •o• •�' . • . . Address r.�G'r •» �'• •� —1— State the particular hardship or unnecessary difficulty that prompts this application: •... •..1r._}, „�„y ,.*'yr.'`�: ..«r�. '" �. .-.TY:11�•+i+°y'..,�.� ��. . .��...�wyr �, "�C�y�. ,/' �..w,+.r Z��. • ����� .�,. �` .G++'6./':"' rr1l'ry,',.e...^ ". .J. 'r ` "`ti„s-;; t""'t'• .y'" �y . . . . . . . . . (Continue on Page 4) Signature of applicant . . . . . „ . . . . . .', . r . . . or This application was executed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Attorney or Authorized Agent) in behalf of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Applicant) Liquor Outlets Within the Restricted Area Locations and Distance's from Location in Question-:- Liquor outlets l ibted . . . . . . . . . . . . . . . . . ,^: : : :'. . Date . . :': . . . . . :: : . . . . . Distances fisted Date ... = —2 - J ` Indicate plot by diagram, photographs and/or letters, in space below, showing streets, lot lines, building line, zone boundary lines, dimensions and buildings present and proposed. It is important to include adjacent properties with dis- tances from subject property. In case of structural changes or new structure blue print or drawing made to scale must be submitted with this application. ACTION OF THE BOARD at the meeting held on . . . . . . . . . . . . . . . . . . . . GRANTED DENIED . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . —3— TOWN OF SOUTH WINDSOR y - ZONING BOARD OF APPEALS Received from --------------------------- f --i------------------- ---`- ------ ------------------------------------------------------------- , - ----------------"--------f=-== - -------------------------of -----. ------------------------------- --------------------------------- ------------ Dollars fee for a hearing before the Zoning Board of Appeals. This hearing is to cover application number -------- ----------- --,for____________________________________________________ �. we. - .? y' .tom ..- -------------------------------------------------------------------------------.--___-__________-_______-_-_-_-_------_----_--_-------------------------------- Dated at South Windsor, Conn.,this-------- - ----------day of________----------------`------------------------------19 F Signed--- --------r------------------------------------- ------------------- SECRETARY May 23, 1978 Mr* Donald E. Cyr 125 Troy Road So. Windsor, Ct. Cf 074 Dear Mr. Cyr# Re: App. No. 1258-78 Your application to the South Windsor Zoning Board of Appeals will be heard at a public hearing on Thursday, June let, at 7130 pe m. , in the Council Chambers of the South Windsor Town Hallo You, or someone representing you, must be present. Enclosed is a receipt for the application fee of 34. Yours very truly, $g Robert W. Warren. Chairman enc. Zoning Board of Appeals i 135 Troy Road So. Windsor CT. 06074 May 25, 1976 Town of South Windsor Zoning Board of Appeals ATTN: Mr. Robert W. Warren, Chairman Dear Sir: In regard to the legal notices, of May 22nd and 24th, 19782 which appeared in the Journal Inquirer for the Town of South Windsor Zoning Board of Appeal, ;�1258-78, made by Mr. Donald E. Cyr, of 125 Troy Road, to park a trailer truck on his premises. We moved to South Windsor over sixteen years ago to avoid noises and pollution. Since the latter part of December 1977, we are awaken and startle by the noise made, when Mr. Cyr Starts his trailer truck in the wee hours of the morning and allows the engine to run for an hour before he leaves for his haul. Our bedrooms are located adjacent to his driveway where lie parks his trailer truck. The fumes creates nausea and caused a burning feeling in our throats. The black atwke coming out of the exhaust pipe is being blown against our home. This is causing an oily film on the windows, and is also damaging the paint on the house. If Mr Cyr is allowed to park his truck on his premises, it would be invading our privacy, hazardous to our health and damaging to our property, therefore his request to park a trailer truck on his premises should be denied. Mr. Cyr should have known he was moving into a residential area, If he was misled in the zoning classification when he purchased the property, we do not believe we should have to suffer with this inconvience. If the situation was reversed I feel they would also object to such a parking permit. Youurr�s truly, C f. s! s' V Patrick & Do is Lausier I hereby certify that to the best of my ability this is a true and accurate verbatim transcript of the public hearing held on June 1, 1978, regarding the temporary and conditional permit request of Donald E. Cyr, 125 Troy Road, to park a tractor trailer at said location. Vir,g intk S. Groey, Secretary Zoning Board of Appeals Transcript of portion of public hearing of Zoning Board of Appeals held on June 1, 1978, concerning application No. 1258-78, Donald E. Cyr. vlembers present: Eriksson, Murrin, Vitiello, Warren Alternates present: Steben (sitting for Cowles ) , Earley (not voting) . Marren: Next, I'll call application No. 1258-78, Donald Cyr, of 125 Troy Road. Cyr: Hello. I 'm Donald Cyr from 125 Troy Road. Just moved out of Hartford to South Windsor. Bought a home. I 'm an owner-operator on a tractor-trailer. I bought a house in South Windsor because of the education . . .educational system. I thought I found myself a good .. home, and, I, as an owner-operator got one truck. I'd like permission to park it in my yard. Because of the time that I have off, the only place I can work on it is in my yard. I got all my tools at home. Pairs. Graney : Excuse me. Would you let go of the microphone. We 're being recorded. Cyr: Oh, are we. I 'm sorry. As I say, it's -- all my tools are at home and I'd like permission to park just the tractor in the yard. When I bought the home in South Windsor, I was misinformed that that was commercial property and if I have to, I will move, but I 'd just like a little bit of time to give me time to sell my house. I'll find a new home, and make sure next time it is zoned commercial if I could not get permission to park my tractor in my yard. And, that's about it. I 've got to park it in my yard. I'm home a couple days a week and it's pretty hard for me to travel 100 12, 15, 20 miles, whatever it is, to get a wrench and it just cannot be done, and I would appreciate the help from the Board and hope that I can stay in South �'lindsor and get permission to park my truck in my yard. Or, get the zoning, changed, whatever. It was by -2- error that I did buy the property. I was misinformed. Warren: Thank you. Is there anyone who would like to speak in favor of this application? Yes?. Decker: I'm Dick Decker of Richards and Kehmna. Do you want me up there? Warren: No. From there is fine. Decker: I 'm Dick Decker from Richard and Kehmna Real Estate. I sold the Cyrs the house. There was some confusion apparently on the zoning between what I thought I had told them and what they had taken for information from the Town Hall. Part of the problem comes in that the zoning on the other side of the street is a different type of zoning which may allow this type of parking. They, in fact, moved out of Hartford, moved here. One of the primary considerations that they had is the education of the children, and I told him that South Windsor is the place to live. As he expressed, he's home about two, three days out of seven and I cerntainly hope that some consider- ation can be given to him. Long haul truckers, not only face a problem from the standpoint of what do they do with their tractors, but they also face the standpoint when they go to the bank to get a loan. If you sit down with any mortgage officer he can explain this to you. Their net income generally is not substantial enough to carry a mortgage. However, their gross income is more than enough to do it. In order for a long haul trucker to find a house, he needs 20 per cent or more down in order for the bank to consider them because (unintelligible - one word) will not consider them. So, it's a difficult fight all the way around, so I hope rr. Cyr will be accorded the usual courtesies and respect. Cyr: And, may I add one more thing? When I am home more -3- than couple, three days a week, something's wrong and I've got to work, you know, on my --- on my equipment. Warren: Thank you. Is there anyone else who would like to speak in favor of the application? Yes? McFarland: My name is Charles McFarland, and I live at 118 Troy Road, and I've only known Mr. Cyr for - since December, but so far, on the weekends, like he says, he comes home. I don't see any reason why he should fail to park there. He hasn't been a nuisance so far that I know of and most people think about trucks, tractors like that they make a lot of noise, but he's been very, very good about it, and when he leaves, he leaves early in the morning. On v:onday morning sometimes he has to leave, and there was no noise so to wake us up. It doesn' t bother us, so I feel you should honor his request. Warren: Thank you. Is there anyone else who would like to speak in favor of the application? Is there anyone who would like to speak opposed? Yes? Lausier: I'm Patrick Lausier and I live at 135 Troy Road. I think you have a letter that we mailed you last week because we were on vacation and we didn't think we'd be able to make it. Warren: Yes * Lausier: Can I add one more thing to the letter? 4e forgot to add that this would also depreciate our property, having a tractor-trailer parked on our back yard. Also, Mr. Cyr' s pleading hardship. The way I look at it, we did the same thing he did. We bought a home in South Windsor and we looked up it's education. It's a nice place to live. It's quiet. Now, Mr. Cyr says the same thing but he brings noise and pollution when he bought the house in -4- South Windsor. I don't have to stand here and tell you what a tractor-trailer does on the road. Just imagine what it does parked in your driveway. Now, on Troy Road, the lots are only a hundred feet wide. The homes take half of that and Mr. Cyr parks his tractor in his driveway. It's about 10 feet from our bedroom window and saying that it doesn't make any noise, I don't have to tell you that either because a tractor-trailer makes noise when you start it in the morning and have to warm it up. It takes an hour sometimes before he can take off with it. And, Mr. Cyr like he says, he's a businessman,:' What he should have done is come to Town Hall when he bought his property. Just a phone call. .they would have told him that Troy Road is not commercial, it's a residential areas And, if he was misinformed. by anybody, someone even from Town Hall, I don't think his neighbors should be. .should have to be imposed on this situation. Also, livr. Cyr, I see he only applied to park his truck on Troy Road and he came in and said he has to work on it and repair it on weekends. Now, some weekends his yard looks worse than the South Windsor garage on Route 5 in South Windsor. He's got vans and trucks and everything. He even has his friend back his tractor there and repair it also. Now, I'm not saying, this . .that have Mr. Cyr not have his friends and relatives over his house. But, with a permit like this, just imagine what it will bring from now on. So, on those conditions the permit should be denied. Also, when Mr. Cyr applied for the permit a few weeks ago, he was told by the building inspector that South Windsor does not approve any permits under this condition and as late as three months before this same Board has denied a permit like this in a residential area. But, he still insists he' s going, to get a permit. Now, I understand he owns his own rig and it's not even registered in -5- the State of Connecticut. He doesn't even pay taxes to the Town of South Windsor for this particular truck. Yet, he wants to. bring all this noise, noise pollution and pollution smoke pollution to our neighborhood, which is not fair. Like I say again, we should not be imposed to put up *with this, this type of condition.. So, I think on all these things that I've stated, plus the letter, this permit should be denied. After all, we moved. . .left the city like he did, to move in a nice, quiet neighborhood. This is what we have. All the residential neighborhood in South Windsor are quiet. We know about education. Everybody knows South Windsor is first, but the other people that move to South Windsor for the same reason do not bring a tractor-trailer to pollute the neighborhood with smoke and noise, and when they work on it in their neighborhood. So, under all these conditions, I would hope this Boardv+ould strictly deny this permit. Thank you. Warren: Thank you. Is there anyone else who would like to speak in opposition? Cyr: I'd like to say one more thing, please. Warren: We do have Mr. Lausier's letter, and I think the only point he makes that he did not make in his talk - we have all individually read the letter except for P►r. Vitiello, who will read it soon - and that is that the, that when Mr. Cyr starts his trailer-truck in the wee hours of the morning, he allows the engine to run for an hour before he leaves his home, it's a problem. I guess that's the only point not covered in Mr. Lausier's presentation. Cyr: I 'd like to say one more thin¢. Only one time since December I've left before 8 a. m. in the morning, and that was the week that I received a letter. I left at 4 a. m. I made sure my _6_ truck was warm through electricity which is plugged into a block which is called a block heater. I started the truck. I put the truck. . . . let me go back a little bit first. At this point I still thought that the property was zoned commercial. That night, I did back the trailer into my yard. I'll say to that. Which hasn' t happened since, and as far as my friend coming over, again I thought the property was zoned commercial and he only come in there for a couple hours and left. Now, that morning that I got up at 4 o' clock in the morning to go to work, I started my truck up as quietly as I could, hit the button and I did not rev up the engine or nothing. I idled out of the driveway as quietly as I possibly could. Like I say, at this point I still thought that the property was zoned commercial, and I had no idea, if I had had an idea the trailer wouldn't have been there and my friend with his tractor would never have been in there. Which it was to grease his truck from my. .with my grease gun. And then the letter that. . . . Warren: Is this the letter he's talking about? Cyr: This one here - I don't know. They've got it in parenthesis, tractors, and I kind of figured at that point that it was because a friend of mine had come over and did some work on his tractor, but, as I say, I thought at .that time the property. . that the property was zoned commercial. Warren: This is a certified letter dated Ttirtay 4th from the Zoning Enforcement Officer to Mr. Cyr. , Cyr: Right. _7- Warren: . .saying the property is in a residential zone which prohibits the use and parking of. . . . Cyr: Right, right. Warren: . . . . trucks and tractors at the address. (Two seconds - unintelligible) Marren: Are there any questions from the Board? Lausier: Can I say some more, please? Warren: Sure, we 'll try to be informal about it if you have another point. Lausier: Like I said before, this is a residential area. whether Mr. Cyr starts at 4 o' clock or seven in the morning, it' s ,y still noisy. We live in a nice, quiet neighborhood. He keeps repeating he didn't know. He should have known. When you're in business, you don't do things like that. You find out. This is my opinion. Now, the damage he's been parking his truck there. . * the damage our house already. Is he willing, or the Board, or the Town, going to pay for the damage it does to our property. . .the smoke, fumes and all that? When, what else? The health hazard we have. We're, after all, we' re 10 feet from the trailer. Whether, like I say, he starts it once or three times, whatever, it doesn't make any difference . Now, is anybody willing, or who's supposed to pay for damages that's going to be done from now on, that's already done? Tyr. Cyr doesn't specify whether he will or not. After all, smoke, like I said. I don't have to tell you what smoke from a tractor does to anything, to the Mass, to the paint, anything. Warren.- Thanks. We 'll take your remarks into consideration. Are there no questions? -8_ Vitiello : Sir. . .you'il look at this map here. Your own location is here? (About 4 seconds unintelligible) . This gentlemen's (unintelligible word) is right here. Where is he? Cyr: My driveway is right here. (Several unintelligible voices for about 8 seconds) . Tat iarren: We're just trying to place the specific location of the driveway. (Several unintelligible voises for about 5 seconds). Vitiello: Could you tell me (several unintelligible voices for approximately 12 seconds ). Warren.- Could you speak up if there are any facts we ought to get on the record? Vitiello: Oh, I'm sorry. I'm trying to get the location of the property in proximity to the R"itchell Trucking Company. I'm also trying to (about 14 seconds unintelligible - several voices at once) . Vitiello: But, he does have room over here? Lausier: Could I get a look at that also? Vitiello: Oh, sure. (3 or 4 seconds - unintelligible) Eriksson: This is your house, over here? Unidentified voice : Can you recognize on the map which one is yours? (About 10 seconds - several unintelligible voices at once) . Lausier: (About 2 seconds unintelligible) . No matter where he parks it - close to his house or my house - my bedroom, our bedrooms are there regardless of where he parks it. Vitiello: If he parks it on that side, it would still disturb you? -9- Lausier: It would still disturb . . . (unintelligible word or two ) , the noise, smoke. (About 19 seconds unintelligible - many voices speaking at once). Warren; We're missing out on the record. . . . . (about 10 seconds unintelligible, many voices) . Vitiello: ' 72 International. (About 15 seconds not recorded, while tape was being turned over) . Cyr: There's one other thing. About my registration with the State of Connecticut. I am leased to Frost Ways out of Detroit, Michigan. 141y registration is under Frost Ways in Detroit, Michigan, which they have a home office, let me think, in Seaford, Delaware, which I am registered in. T.'y truck is leased to them. I am the operator. In other words , they pay me for my truck and I get a wage. See, like he didn't understand that. But, that's why my truck is not registered in Connecticut. And, that's why I'm permanently leased to Frost Ways out of Detroit. Lausier: Can I say one more thing? I understand that, but I still say you're not being taxed in South Windsor on your truck. Warren: You've made your comments. Thank you. Any more questions from the Board? PiTurrin: Have you discussed the possibility of leasing with either T'Atchell Trucking or AA Trucking;, of their property? Cyr: No, no. I tried to get a hold of (unintelligible word) but I never did get a hold of anybody. Somebody was supposed to call me, and never did, and I went back, but I never did, but that's -10- not the point. The point is that it's too hard, too much running around for me to go park my truck over here and do my work over here. All my tools are at this point - it would be very difficult for me. If anybody knows me, knows the way I work, they would understand. I don't know if you people are familiar with an owner- operator. It's a tough business. When you go home, you like to drive in your driveway, park it. Murrin: I have a question on timetable. You started parking your truck on your lot as soon as you moved into the house? Cyr: Yes sir, December. (6 seconds unintelligible) . Mlaureen, what date in December? Maureen: December 6th, we moved in. Cyr: December 6,th. (unintelligible - 4 seconds ) Cyr: And, like I say, I'm as quiet as I can. Of course, sometimes I"m going to make a lot of noise. As far as family, I' ve got a lot of friends, lot of family. They come over to the house. It's a new house. I 've got a lot of help when I need it. When I need somebody to hold a screw, I_ got somebody to hold a screw. You know what I mean? So, that's the reason for all the cars and pick-ups. I try to be as nice as I can, try to be as friendly as I can, what do you get? So; I 'm just hoping you people will take me into consideration. I appreciate it. '+arren: Are there any other questions from the Board? Thanks . So, I 'll declare the public portion of this. . Cyr: Thank you very much, I appreciate it. warren: . . . . closed. ZONING BOARD OF APPEALS TOWN HALL THRUSDAY, JUKE 19 1978 SOUTH WINDSOR, CONNECTICUT 7: 30 P• M. " 1 I':'IEMBERS PRESENT : ERIKSSON, MURRIN, VITIELL09 WARREN ALTERNATES PRESENT : Steben {sitting for Cowles ) Earley (not voting) APPLICATION NO. 1256-78, J. Watson Beach Real Estate Company, ?50 Main Street, Hartford, requests a temporary and conditional permit for a sign larger than permitted on premises known as Sullivan Avenue at Hillside, Zone GC. Mr. James Wood appeared in behalf of J. Watson Beach Real Estate Company and stated they wished a temporary sign at Hillside and Sullivan Avenue, approximately 8' x 41 , with two poles . 8' in length, and about 1-1/2' in the ground. The sign will replace a sign previously on the premisesp and will be approximately 50 to 100' back from the curb. There is 510' frontage. No one spoke in favor or in opposition to this request. Upon questioning Mr. Wood stated the property previously had been owned by Roebacher, and he sold it to Evelyn M. Lehan, and the sign had been removed. They now wished to replace the sign, exactly as before. APPLICATION NO. 1257-78, Louise C. Neary, 1005 Ellington Road, requests a variance of Article 5. 2, Section 5, to place dwelling known as 1005 Ellington Road, in a conforming category, Zone A-20. Mrs, Louise Neary appeared before the Board and stated she recently had her home .surveyed and found that it was built in front of the t building line. The house was built in the 1930's and she wishes to sell it now, and wishes to get a variance so there will be no complications. The house predated exisitng zoning regulations. No one spoke in favor or in opposition to this request. Nir. Eriksson questioned whether the side lines conformed and Mrs. Neary stated they did. Mr. Eriksson questioned how much of a variance she required in front and Mrs. Neary thought it was 81 . Mr. Warren noted that the survey showed that a 10' variance was required. APPLICATION NO. 1258-78, Donald E. Cyr, 125 Troy Road, requests a temporary and conditional permit to be permitted to park a truck (tractor) for two years at premises known as 125 Troy Road, Zone RR. Mr. Donald Cyr appeared before the Board and stated he just moved to South Windsor from Hartford, and owns and operates a tractor trailer. He stated he bought in South Windsor because of its educational system and when he bought the house he was told it was in a commercial zone, and that if he can' t get permission to park his truck he will have to move. He said he's home on the average _2_ of two days a week, and has to make repairs to the truck, and keeps his tools at home. He said it would be difficult to have to travel 10-15 miles every time he needed a wrench, and that he was misinformed when he bought the property that it was commercial. Mr. Dick Decker of Richards & Kehmna spoke in favor of this application. He stated he sold the house to Cyr and there was some confusion on what he thought he told them regarding the zone, and what they had gotten from the Town Hall. Part of the problem is that the zoning on the opposite side of the street allows this type of parking. Mr. Decker stated the educational system of South Windsor prompted them to move to this area, and that Mr. Cyr is only home 2 or 3 days out of seven. * He stated that long haul truckers face a serious problem with banks in securing mortgages, and must usually have 20% down in order to be considered, and would have a difficult time if he had to move. Mr. Charles Nrc Farland of 119 Troy Road spoke in favor of this application. He stated he 's only known Mr. Cyr since December when he moved here, but he doesn't feel parking the truck at his home is a nuisance, and that there isn't too much noise, and it has never bothered him. Mr. Patrick Lausier of 135 Troy Road spoke in opposition to this request. He stated he had submitted a letter to the ZBA. Mr. Warren noted that the letter had been received and had been read by Board members. Mr. Lausier stated he moved to South Windsor sixteen years ago also because of its good school system and to avoid pollution and noise, and that the truck is parked 10 feet from his bedroom window, and that Cyr runs the truck for an hour to warm it up in early morning hours. He stated Mr. Cyr should have made it a point to be certain what type zone he bought his house in, and that on many weekends he has many friends and relatives over to work on the truck with their assorted pick up trucks and vehicles, and that the Board should note the truck is not even registered in this State and pays no taxes to South Windsor which is not fair. Mr. Lausier spoke at length about the pollution and noise caused by this truck. Mr. Cyr reiterated that the only time he ever left before 8 A. M. was once this past winter, and that he warmed the truck on that morning by plugging it into a block heater. He further stated that he leased the truck to Frostways in Detroit and Seaford, Delaware, and that he is the operator and. they pay him for the truck and also a wage to drive it. Mr. Eriksson questioned the exact location of where the truck is parked, and Mr. Vitiello questioned the location of the property in proximity to Mlitchell Trucking. i+fir. Murrin asked Pair. Cyr whether he had ever tried to rent space from r:itchell trucking or anyone else, to park the truck. -3- Nor. Cyr stated he had made initial contact with Mitchell but had not received a reply. Mr. Cyr again stated there would be t too much running around if he had to park the truck elsewhere and that -it would be too difficult to work on it. APPLICATION KO. 1259-78, Jacquelyn N. Covey, 949 Pleasant Valley Road, requests a variance of Section 4.7 to - allow a ceramic studio on premises known as 1277 John Fitch Blvd. , Zone I. Mr. Peter Winton of Strong Road appeared before the Board and stated he is the owner of theproperty in question, and wishes to lease it to Jacquelyn Covey. The area in question occupies 1/3 of the entire commercial building. For the record, Mr. Winton stated he came before this Board six years ago with a similar situation where the store was vacant and they had a tenant. In this case Mr. Winton stated he feels ceramics does involved manufacturing and should be allowed in this zone. He stated Ms. Covey will sell ceramics, and also have people into learn the process of making ceramics. No one spoke in favor or in opposition to this request. Mr. Steben questioned whether this property had been used indus- trially, and Mr. Winton stated it has always been used commercially, and that this particular section of the building has not been used f or six months or more. Mr. Winton stated he would like to have this situation clarified so that he will not have to keep coming before this Board. Mr. Warren explained that basically if he was conforming for six months, which means he was not using it for commercial purposes for six months , that he can't make it non-conforming by using it for commercial purposes. Mr. Warren also stated it' s a matter of interpretation of substantial change in non-conforming use. The Board further determined that there is no traffic problem, the section in question is 640 sq. ft. , the business would be operated in the afternoon and evening 'till 10 p. m. at the latest, and that there is no parking problem at this location. APPLICATION NO. 1260-78, Est. of Edna J. Sperry, c/o Carol R. Birden, Adm. , 1892 Main Street, E. Windsor Hill, requests a variance of Article 5.29 Section 5, to allow lot dimensions to conform to actual usage on premises known as 788 Plain Street, Zone A-40. Per. Bob Raymond who lives in West Hartford appeared before the Board and stated he is the brother of Carol Birden, who is administratrix of the Estate of. Edna J. Sperry, the owner of the land in question. -4- He stated that these two lots have been owned by the family for 80 or 90 years, and that the lots are long and narrow with houses in the front of the lot with a hedge behind the houses, and that the rear of the lots has been used as farm land for many years , mainly tobacco. He said the rear of the lots is only one acre, and no rent is paid for it, and they allow it to be farmed if they can find someone to farm it, so that it will be kept neat. The estate now wishes to sell the corner house, keep the second house, and keep the entire back area of both lots for the time-being, and possibly eventually sell the back lot as a house lot. The house they are keeping is over 200 years old, and Mr. Raymond stated the family is involved with the Wood Memorial Library and is very interested in the historical nature of the area and wish to keep it attractive. Mr. Raymond stated they would keep the back lot as long as they can find someone to farm it, so that it can be kept neat. No one spoke in favor of this request. Tr. Joseph Vibert of 1254 Main Street spoke in opposition to this request. PTr. Vibert stated that in 1893 this property was divided by Deed and is known as 998 and 988, and that the legal advertisement did not mentioned 998, and therefore, Mr. Vibert requested that the hearing being disqualified. Mr. Warren advised Mr. Vibert that the Board would consider his request, and asked if he objected to the requested variance. Mr. Vibert stated that he did and that he was representing his uncle who also opposed the variance. He stated his uncle, Horace C. Vibert and he owned the property on the back and side, and further stated that the corner lot is undersized to begin with, and only has a frontage of 102' and 150' is required in this zone. The square footage is only 37, 762 sq. f t. and 40,000 sq. f t. is required in this zone, and Mr. Vibert stated that the house has ten rooms, and that the second lot which is adjacent to him has a frontage of 110 f t. instead of the 150 f t.required. He further stated there is a drainage problem in the back lot and that there is an acre of water there in the spring, and that the children ice-skate there in the winter. Mr. Vibert presented a survey of his property to the Board showing the amount of land he owned which only has one house on it. Ti"r.Daniel P. Cavanaugh of Main Street spoke in opposition to this request. He quoted from Section 3.5.1 of the Zoning Regulations which specifically state that a group "of adjacent lots of record under the same ownership at the time of adoption of these regulations may be re-divided, in accordance with the requirements of the Subdivision Regulations of the Town, into larger lots. . . . " He noted that the regulations don' t allow re-dividing into smaller lots, and that there have been many cases in the past in this area where people have been refused permission, and feels this would be an unfortunate exception, since the area is already over-crowded. Mr. Calvin Lane of 870 Main Street spoke in opposition and stated that (1) there was no demonstration of hardship, and (2) granting this variance would set a precedent for future sub-dividing of Train Street, which would be detrimental to the quality of the street. -5- There was some discussion between Mr. Warren, the Board and Mr. Raymond as to whether or not this matter should have gone to the Planning & Zoning Commission for approval as a sub-division. Mr. Eriksson noted that the ZBA could establish a building line but couldn't create a third lot, and noted that the entire area is really not large enough for two lots, much less three. APPLICATION No. 1261-78, Ronald & Malgorzata Bruzik, 4.4 Hightower Road, requests a temporary -and conditional-permit for two years to keep chickens at premises known as 4.4 Hightower Road, Zone A-20. Ronald and Malgorzata Bruzik appeared before the Board and said they would like a permit for two years to keep chickens at their property. They stated the chickens are pets, that they take the chickens for rides in the car and even brought them to Mac Donald's once. Mr. Bruzik also stated he eats as many as half a dozen eggs every day, and the chickens keep his wife occupied as she is disabled. No one spoke in favor of this request. Mrs. Angela Vibert of 1254 Main Street spoke in opposition to this request. She asked why they wanted the permit for two years T and was informed by Mr. Warren that that is the maximum time for a temporary and conditional permit. Mrs, Vibert stated a half acre lot is too small and that she opposes this permit. ' Upon questioning by the Board, Mr. Bruzik stated they have 11 chickens, no roosters, and there is a man with a chicken farm around the corner from him. He said the chickens are kept in a coop which at present is about 15 or 20 feet from the neighbor's line, but that he is clearing a spot at the back of his yard and will move the coop. The Lot is 100 feet by 238' - about 1/2 acre. Mrs. Bruzik stated that under the Preamble to the Constitution she is guaranteed happiness, and that chickens are her happiness, and that the town shouldn't tell her how to live her life. She also informed the Board that it is legal to keep chickens in the City of Chicago, and also in New Britain. APPLICATION NO. 1262-78, Bernard T. Topper, Jr. , 21 Grace Road requests a variance of Article 5. 2, Section 5, to allow an above ground pool closer to the sideline than permitted on premises known as 21 Grace Road, AA-30 Zone. Mr. Bernard Topper appeared before the Board and stated he wishes to install an above ground pool. His yard has two septic systems and Mr. Topper stated this is the only spot in the yard to put the pool, and that the next door neighbors didn't object. No one spoke in favor or in opposition to this request. Upon questioning by the Board it was determined there was a large tree in the yard which Tr. Topper didn't wish to remove, that the pool was 24feet in diameter and 4 feet deep and that even if sewers came in, Tor. Topper didn't wish to move the pool once it's installed.. There is a buffer between the houses of bushes and trees, and Er. Topper needs a 16 foot variance. -6- APPLICATION NO. 1263-78, Day Garage, Inc. , 56 Mascola Road, requests a variance of Article 4.4 . 7, Section 4 .5, to allow a sign larger than permitted plus a second sign on premises at Mascola Road and John Fitch Blvd. , Zone GC. Mr. Darrell Chaloult of Day Garage, Inc. appeared before the Board and stated he was before the Board last month requesting this variance, but that the application had been rejected since the sign was too large. Mr. Chaloult said they had cut 2 feet from the width of the sign and had also lowered the sign by 2 feet. The height of the siLn from the ground was maintained because of safety reasons which were brought out in last month 's hearing. Mr. Chaloult presented the Board with photographs of similar signs and a plan of this particular sign, and further stated that if this sign was not acceptable to the Board, he would like the Board to tell him what is acceptable. Mr. Warren read a letter from the Economic Development Commission dated Mlay 2, 1978, signed by Roy Vander Putten, Chairman, in favor of this sign. No one spoke in opposition to this request. APPLICATIONE. K0. 126 - 8, Joseph A.Krawski, Jr. , c/o Atty. Harold R. Cummings , 1665 Ellington Road, South Windsor, requests a vari- ance of Article 5, Section 5.2, to allow building lot with less than the required width on premises known as Krawski Subdivision, Lot #1, Foster Street, Zone AA-30. . Attorney Harold R. Cummings appeared before the Board in behalf of Mr. Krawski and stated that this matter tied in with a matter before the Planning & Zoning Commission, and referred the Board to a copy of a letter from the P & Z Commission to Mr. Cummings which stated in Item No. 7 that Lot #1 is subject to approval from the ZBA for a frontage variance prior to a building permit being issued. A variance of 11.94 ft. is needed since Lot #1 only has a frontage of 138. 06 ft. The P & Z Commission stated that the Town wished an easement to be obtained by the subdivider so that it will have access to the detention area and town owned open space in the rear of this property and so that a 50 foot road stub directly across from Orchard Hill Drive could be aligned for a possible future road. APPLICATION; NO. 126 -78, International Transport, Inc. 651 John Fitch Boulevard, requests a variance of Article 4.4. 7 to allow a sign larger than permitted on premises known as 651 John Fitch Blvd., Zone I. Mr. Emil Lucek appeared before the Board and stated that he represented International Transport, Inc. , which is an international trucking firm operating a terminal, one of four in the country, in South Windsor. They need a sign so truckers can locate their premises. The sign in question will be 8 ft by 10 ft. , and will be green and yellow to match the company 's logo. It will be elevated on a single pilon, and will be lighted, but will not flash. Tvr. Lucek stated it's a definite hardship -7- not having a sign. No one spoke in favor or in opposition to this request. Upon questioning the Board learned the bottom of the sign will be 10 feet from the ground, it would be double-faced, lit by floodlights. Mr. Lucek pointed out on a map where the sign would be placed, and noted there are no residences in this area. APPLICATION NO. 1266-78, Michael & Fern Bell, 485 Foster Road, requests variance of Article 4.4 - 7, to allow a sign larger than permitted and a second sign on premises known as 84.5 Sullivan Avenue, Zone GC. Mr. Emil Lucek appeared and stated that Mr. & Mrs. Bell operated the Dairy Queen for many years. They have just moved into a new building which they do not lease, but own, and want to operate it as a family-type restaurant which serves full, inexpensive meals. In keeping with the new trend, he would like to have people place an order from their car via radio, and by the time they get around the building the order would be ready. Therefore, he needs a sign and an item called a menu board, which lists the price and type of meals 'f eatured. The sign at the top is a typical Dairy Queen sign. Mr. Lucek showed the Board a plan of the proposed sign, which will be illuminated, and the Dairy Queen logo is 8 ' x 121 , with a 5' x 8' reader. The sign is designated as PY8M on the plan of Dairy Queen signs submitted. No one spoke in favor or in opposition to this request. Mr. Eriksson asked if the company dictated the size of the sign and was told no. Mr. Lucek noted, however, that if the board wished to vary the size of the sign it would be preferable to stay with the sizes listed otherwise the cost would be prohibitive. There was a short discussion of the location of the sign, and the possible visibility problems on Sullivan Avenue. APPLICATION NO. 1267-78, Peter Yonika, 478 Strong Road, requests a variance of Article 5. 2. Section 5, to allow a building lot with less than the required square footage on premises known as 478 Strong Road, Zone RR. Tir. Emil Lucek appeared on behalf of Mr. & Mrs. Yonika, and stated that these people have lived at this location over 60 years. Mr. Yonika wishes to deed to his daughter a parcel of his land so that she can build a house. The entire lot is over 3 acres consisting of 113, 200 square .feet. Mr. Yonika originally had a tract 300 ft. by 160 ft. Years ago he went over the zoning regulations and purchased sufficient land to have what he thought would be three lots. At that time the zone was R-30, which required 30,000 sq. feet. He now wishes to give Lot #1 to his daughter and finds that the zone has been chantit. , ed to RR which required 40, 000 sq. ft. Lot #�1 has 31,900 sq. f t. , and, therefore, he needs a variance of 8,100 sq. ft. The lot does not have adequate depth either. At this point in their lives, it would be a hardship to have this land diminish in value. No one spoke in favor or in opposition to this request. -8- Upon discussion with the Board it was learned that this land is on the edge of an I zone, that the minimum depth required is 200 feet, and that there are no sewers in this area. Mr. yonika appeared and stated there is a tobacco barn in back of this property. APPLICATION NO. 1268--78, Lionel and Adelaide Ross , 304 Hilton Drive, requests a variance of Article 5. 2, Section 5, to allow construction closer to the sideline than permitted on premises known as 304 Hilton Drive, Zone A-20. Mr. Ross appeared before the Board and stated that he had appeared the previous month, and Mr. Warren noted that the Board would have to rule on whether the change was substantial enough to warrant a re-hearing. Mr. Ross stated that he had reduced the size of the garage by 2 feet, which means the garage would be 22 feet, and the breezeway 7 f t. He stated he needs a four foot variance, and that there are four cars in the family, with three teenagers, and that he couldn't possibly get the cars in the garage if the garage were smaller. He further stated that the neighbors across the street recently had a variance granted, and that there will be 26 feet between his structure and the next door neighbor. No one spoke in favor or in opposition to this request. WORK SESSION Application No. 1258-78, Donald E. Cyr Mr. Vitiello quoted from Zoning Regulation 11.4.1B, and said he feels this permit should be granted for one year, with perhaps allowing parking on the other side of the house, and feels there is reason to grant this permit. Mr. Warren said he 's concerned with setting precedents, and that as recently as last month the board denied permission to park a truck. Mr. Warren noted on the zoning map that the I zone begins 6 lots away, and that across the street is a GC zone. Mr. Vitiello said that Mitchell and A-1 Trucking is only two lots from this location, and felt that any objections from neighbors would be overcome by only permitting the truck -to park on the northeast side of the house. Messrs . Eriksson and Murrin feel that if he looked around he could find another place to park the truck, and PY1r. Eriksson stated he doesn't feel it serves the public convenience to grant this permit. The Board agreed that this should not be permanent, and that a year would be sufficient to make arrangements regarding the truck. Mr. Vitiello felt that he acted in Popleod faith n,bu in th house and th rhaps in a year the comp�ainiyhg a9bou the noise woWn object. -9- Mr. Vitiello moved that application No. 1258-78, Donald E. Cyr, 125 Troy Road, requesting a temporary and conditional permit to be permitted to park a truck (tractor) on premises known as 125 Troy RoaO, be granted, as it does not substantially alter the neighborhood welfare, property value or public convenience. Said permit is to be granted for one (1) year, for one (1) tractor trailer, which is to be parked on the east side of the premises, so that the appellant will .have suitable time to find garaging for this tractor trailer. Mr. Steben seconded the motion. Messrs. Vitiello, Steben, Eriksson and Murrin voted in favor. Mr. Warren voted against. Effective Dates June 14, 1978 Application No. 1263-789 Day Garage, Inc. Mr. Eriksson moved this matter be re-heard, and Mr. Steben seconded the motion. It was unanimously approved. -The Board agreed the sign was necessary, and Mr. Steben moved that application No. 1263-78, Day Garage, Inc. , requesting a variance of Article 4.4. 7, Section 4. 5, to allow a sign larger than permitted plus a second sign on premises at TyMascola Road and John Fitch Blvd. , Zone GC, be granted. Said sign will be in accordance with the plan submitted with this application. The Board feels that there is a definite need for a sign at this location, and that this sign is conducive to the area, and because of the safety factor the height is necessary. Mr. Vitiello seconded the motion and it was unanimously approved* Effective Date: June 14, 1978 tApplication No. 1268-78, Lionel and Adelaide Ross Mr. Eriksson moved that this matter be re-heard since there has been a substantial change. Mr. Vitiello seconded the motion and it was unanimously approved. Mr. Eriksson moved that application No. 1258-78, Lionel and Adelaide Ross, 304 Hilton Drive, requesting a variance of Article 5. 2, Section 5, to allow construction closer to the sideline than permitted on premises known as 304 Hilton Drive, Zone A-20, be granted, as it is consistent with the houses in the neighborhood, and will be an asset to the neighborhood. Mr. Steben seconded the motion and it was unanimously approved. Ef f ective Date: June 14, 1978 Application No. 12 6- 8 J. Watson Beach Real Estate .Com an Murrin moved that application No. 1256-78, J. Watson Beach Real Estate Company, 750 P?ain Street, Hartford, requesting a temporary and conditional permit for a sign larger than permitted 3 -10- on premises known as Sullivan Avenue at Hillside, Zone CC, be granted. Said sign will be 12 f t. by 8 f t. , in the same location as previously erected. Said permit will be for two years. Mr. Vitiello seconded the motion and it was unanimously approved, Effective Date : June 14, 1978 Application No. 1257-28, Louise C. Neary Mr. Steben moved that application No. 1257-78, Louise C. Neary, 1005 Ellington Road, requesting a variance of Article 5. 2, Section 5, to place a dwelling known as 1005 Ellington Road, in a conforming category, Zone A-20, be granted. The variance will be for 10 f t. on the building line. The Board feels this should be granted since the dwelling pre-existed zoning regulations. Mr. Eriksson seconded the motion, and it was unanimously approved. Ef f ective Date : June 14, 1978 I Application No. 1259-789 Jacquelyn M.-Covey Mr. Vitiello, moved that application No. 1258-78, Jacquelyn M. Covey, 949 Pleasant Valley Road, requesting a variance of Section 4. 7 to allow a ceramic studio on premises known as 1277 John Fitch Blvd. , Zone I, be granted, as this is consistent with previous uses. Mr. Eriksson seconded the motion and it was unanimously approved. Ef f ective Date : June 14, 1978 Application No. 1260-78, Est. of Edna J. Sperry Mr. Eriksson moved that application No. 1260-78, Est. of Edna J. Sperry, c/o Carol R. Birden, Adm. , 1892 Main Street, E. Windsor Hill, requesting a variance of Article 5. 2, Section 5, to allow lot dimensions to conform to actual usage on premises known as 788 Main Street, Zone A-4.0 be denied. The Board noted that these two lots presently are non-conforming. Section 3. 2 states that no lots shall be reduced, and the Board feels there is insuffi- cient square footage for a third lot, and that the actual { usage is not sufficient justification to create the degree of non-conformity that would exist in the front lots. Further the Board does not believe there is sufficient hardship. Mr. Vitiello seconded the motion and it was unanimously approved. Application No. 1261-78, Ronald & Malgorzata Bruzik TO Board dlscussid thin Wtgr at length and feels that since t is proper y is ocate te end o..`the street and there are no close neighbors who object, that there is no harm in letting -11- them keep the chickens. The Board agreed the number of chickens should be limited. Mx. Steben moved that application No. 1261-78, Ronald & Mlalgorzata Bruzik, 44 Hightower Road, requesting a temporary and conditional permit for two years to keep chickens at premises known as 44 Hightower Road, Zone A-20, be grantedg as the Board noted the uniqueness of the lot with the woods on the northerly and easterly boundaries. It was also noted the land to the rear is immediately adjacent to RR land which appears to be undevelop- able. Said permit is limited to no more than 11 chickens, and no roosters are permitted. Mr. Murrin seconded the motion and it was unanimously approved. Effective Date : June 14, 1978 Application No. 1262-78, Bernard T.. Topper, Jr. Mr. Eriksson noted that the Board has denied this type of variance in the past, and that this type of pool is considered to be a permanent structure, and that variances stay with the land. Mr. Warren said that the Board could restrict it to an above ground pool. Mr. Vitiello moved that application 1262-78, Bernard T. Topper, Jr. , 21 Grace Road, requesting a variance of Article 5.2, Section 5, to allow a n above ground pool closer to the sideline than permitted on premises known as 21 Grace Road, AA-30 Zone, be approved. Said variance will be for 16 feet, and will be limited to an above ground pool approximately 24 f t. by 4 ft. The Board noted the contour of the land and the septic system < make placing a pool in any .oth er location unfeasible. Mr. Steben seconded the motion and it was unanimously approved. Effective Date: June 14, 1978 Application No, 1264-78, Joseph A. Krawski, Jr. Mr. Eriksson moved that application No. 1264-78, Joseph A. Krawski, Jr. , c/o Atty. Harold R. Cum_mings, 1665 Ellington Road, South Windsor, requesting variance of Article 5, Section 5.2, to allow building lot with less than the required width on premises known as Krawski Subdivision, Lot #l, Foster Street, Zone AA-30, be approved. Said variance will be for 11.94 f t. on the front line of Lot #1 on the Subdivision 1471ap filed with this application. The Board felt that maintaining the 50 ft. right of way stub across from the existing Orchard Hill Drive created a hardship. rr. Murrin seconded the motion and it was unanimously approved. Effective Date : June 14, 1978 -12- No. 1265-78, International Transport, Inc. The Board discussed this matter at length and unanimously felt that although a sign at this location is warranted, this particu- lar sign is too large, especially in view 'of the green & yellow logo. Prr. Vitiello moved that application No. 1265-789 International Transport, Inc. , 651 John Fitch Blvd. , requesting a variance of Article 4.407. to allow a sign larger than permitted on premises known as 651 John Fitch Blvd. , Zone I, be denied, since the Board feels the sign was larger than necessary. The Board recognizes the need for a sign at this location, and f eel the location of the proposed sign is acceptable. Mr. Murrin seconded the motion and it was unanimously approved. No. 1266-78. Michael & Fern Bell- The Board unanimously agreed that the sign requested was too large and unnecessary in this location. It noted the various sized signs on the plan submitted with this application, and Mr. Vitiello moved that application No. 1266-78, Michael & Fern Bell, 485 Foster Road, requesting variance of Article 4.4. 7 to allow a sign larger than permitted and a second sign on premises known i as 845 Sullivan Avenue, Zone GC, be approved, however, the size of the sign s to be as follows : Sign PY-6 as designated on the plan of signs of Dairy Queen/Brazier Suns dated 6/28/72, Said sign has a Logo of 6' x 101 , Reader of. 2' x 7' , the heights are A 20. 6", B 14' 3" , and C 8 ' 0". The Board feels identification of the business is necessary. i Mr. Eriksson seconded the motion and it was unanimously approved. Effective Date : June 14, 1978 No. 1267-78. Peter Yonika Mr. Eriksson moved that application No. 1267-78, Peter Yonika, 478 Strong Road, requesting a variance of Article 5.21 Section 5 to allow a building lot with less than the required square footage on premises known as 478 Strong Road, Zone RR, be granted, since this is a classic example of land purchased prior to zoning with thoughts of eventually deeding to children. The Board feels there is a definite hardship. The variance is for 8,100 sq. f t. in area, and. 50 f t. in depth. Mr. Vitiello seconded the motion and it was unanimously approved. Effective Date : June 14, 1978 Robert W. Warren, Chairman Zonin¢ Board of Appeals Transcript of portion of public hearing of Zoning Board of Appeals held on June 1, 1978, concerning application No. 1258-78, Donald E. Cyr. Members present: Eriksson, Murrin, Vitiello, Warren Alternates present: Steben (sitting for Cowles ) , Earley (not voting) . Warren: Next, I'll call application No. 1258-78, Donald Cyr, of 125 Troy Road. Cyr: Hello. I 'm Donald Cyr from 125 Troy Road. Just moved out of Hartford to South Windsor. Bought a home. I 'm an owner-operator on a tractor-trailer. I bought a house in South Windsor because of the education . . .educational system. I thought I found myself a good home, and, I, as an owner-operator got one truck. I'd like permission to park it in my yard. Because of the time that I have off, the only place I can work on it is in my yard. I got all my tools at home. Mrs. Grapey : Excuse me. Would you let go of the microphone. We're being recorded. Cyr: Oh, are we. I 'm sorry. As I say, it's -- all my tools are at home and I'd like permission to park just the tractor in the yard. When I bought the home in South Windsor, I was misinformed that that was commercial property and if I have to, I will move, but I 'd just like a little bit of time to give me time to sell my house. I'll find a new home, and make sure next time it is zoned commercial if I could not get permission to park my tractor in my yard. And, that's about it. I've got to park it in my yard. I'm home a couple days a week and it's pretty hard for me to travel 10, 129 150 20 miles, whatever it is, to get a wrench and it just cannot be done, and I would appreciate the help from the Board and hope that I can stay in South Windsor and get permission to park my truck in my yard. Or, get the zoning changed, whatever. It was by orror that I did buy the property. I was misinformed. Warren: Thank you. Is there anyone who would like to speak in favor of this application? Yes? Decker: I'm Dick Decker of Richards and Kehmna. Do *ou want me up there? Warren: No. From there is fine. Decker: I 'm Dick Decker from Richard and Kehmna Real Estate. I sold the Cyrs the house. There was some confusion apparently on the zoning between what I thought I had told them and what they had taken for information from the Town Hall. Part of the problem comes in that the zoning on the other side of the street is a different type of zoning which may allow this type of parking. They, in fact, moved out of Hartford, moved here. One of the primary considerations that they had is the education of the children, and I told him that South Windsor is the place to live. As he expressed, he's home about two, three days out of seven and I cerntainly hope that some consider- ation can be given to him. Long haul truckers, not only face a problem from the standpoint of what do they do with their tractors, but they also face the standpoint when they go to the bank to get a loan. If you sit down with any mortgage officer he can explain this to you. Their net income generally is not substantial enough to carry a mortgage. However, their gross income is more than enough to do it. In order for a long haul trucker to find a house, he needs 20 per cent or more down in order for the bank to consider them because (unintelligible - one word) will not consider them. So, it's a difficult fight all the way around, so I hope Mr. Cyr will be accorded the usual courtesies and respect. Cyr: And, may I add one more thing? When I am home more -3- than couple, three days a week, something's wrong and I've got to work, you know, on my -- on my equipment. Warren: Thank you. Is there anyone else who would like to speak in favor of the application? Yes? McFarland: My name is Charles McFarland, and I live at 118 Troy Road, and I've only known Mr. Cyr for - since December, but so far, on the weekends, like he says, he comes home. I don't see any reason why he should fail to park there. He hasn't been a nuisance so far that I know of and most people think about trucks, tractors like that they make a lot of noise, but he's been very, very good about it, and when he leaves, he leaves early in the morning. On Monday morning sometimes he has to leave, and there was no noise so to wake us up. It doesn't bother us, so I feel you should honor his request. Warren: Thank you. Is there anyone else who would like to speak in favor of the application? Is there anyone who would like to speak opposed? Yes? Lausier: I'm Patrick Lausier and I live at 135 Troy Road. I think you have a letter that we mailed you last week because we were on vacation and we didn't think we'd be able to make it. Warren: Yes. Lausier: Can I add one more thing to the letter? We forgot to add that this would also depreciate our property, having a tractor-trailer parked on our back yard. Also, Mr• Cyr' s pleading hardship. The way I look at it, we did the same thing he did. We bought a home in South Windsor and we looked up it's education. It's a nice place to live. It's quiet. Now, Mr. Cyr says the same thing but he brings noise and pollution when he bought the house in South Windsor. I don't have to stand here and tell you what a tractor-trailer does on the road. Just imagine what it does parked in your driveway. Now, on Troy Road, the lots are only a hundred feet wide. The homes take half of that and Mr. Cyr parks his tractor in his driveway. It's about 10 feet from our bedroom window and saying that it doesn't make any noise, I don't have to tell you that either because a tractor-trailer makes noise when you start it in the morning and have to warm it up. It takes an hour sometimes before he can take off with it. And, Mr. Cyr like he says, he's a businessman/ What he should have done is come to Town Hall when he bought his property. Just a phone call. .they would have told him that Troy Road is not commercial, it's a residential area• And, if he was misinformed by anybody, someone even from Town Hall, I don't think his neighbors should be. .should have to be imposed on this situation. Also, Mr. Cyr, I see he only applied to park his truck on Troy Road and he came in and said he has to work on it and repair it on weekends. Now, some weekends his yard looks worse than the South Windsor garage on Route 5 in South Windsor. He's got vans and trucks and everything. He even has his friend back his tractor there and repair it also. Now, I'm not saying this . .that have Mr. Cyr not have his friends and relatives over his house. But, with a permit like this, just imagine what it will bring from now on. So, on those conditions the permit should be denied. Also, when Mr. Cyr applied for the permit a few weeks ago, he was told by the building inspector that South Windsor does not approve any permits under this condition and as late as three months before this same Board has denied a permit like this in a residential area. But, he still insists he' s going to get a permit. Now, I understand he owns his own rig and it's not even registered in -5- the State of Connecticut. He doesn't even pay taxes to the Town of South Windsor for this particular truck. Yet, he wants to bring all this noise, noise pollution and pollution smoke pollution to our neighborhood, which is not fair. Like I say again, we should not be imposed to put up with this, this type of condition. So, I think on all these things that I ' ve stated, plus the letter, this permit should be denied. After all, we moved. . .left the city like he did, to move in a nice, quiet neighborhood. This is what we have. All the residential neighborhood in South Windsor are quiet. We know about education. Everybody knows South Windsor is first, but the other people that move to South Windsor for the same reason do not bring a tractor-trailer to pollute the neighborhood with smoke and noise, and when they work on it in their neighborhood. So, under all these conditions, I would hope this Board%ould strictly deny this permit. Thank you. Warren: Thank you. Is there anyone else who would like to speak in opposition? Cyr: I'd like to say one more thing, please. Warren: We do have Mr. Lausier's letter, and I think the only point he makes that he did not make in his talk - we have all individually read the letter except for Mr. Vitiello, who will read it soon - and that is that the, that when Mr. Cyr starts his trailer-truck in the wee hours of the morning, he allows the engine to run for an hour before he leaves his home, it's a problem. I guess that's the only point not covered in Mr. Lausier's presentation. Cyr: I'd like to say one more thing. Only one time since December I've left before 8 a. m. in the morning, and that was the week that I received a letter. I left at 4 a. m. I made sure my -6- truck was warm through electricity which is plugged into a block which is called a block heater. I started the truck. I put the truck. . . * let me go back a little bit first. At this point I still thought that the property was zoned commercial. That night, I did back the trailer into my yard. I 'll say to that. Which hasn' t happened since, and as far as my friend coming over, again I thought the property was zoned commercial and he only come in there for a couple hours and left. Now, that morning that I got up at 4 o' clock in the morning to go to work, I started my truck up as quietly as I could, hit the button and I did not rev up the engine or nothing. I idled out of the driveway as quietly as I possibly could. Like I say, at this point I still thought that the property was zoned commercial, and I had no idea, if I had had an idea the trailer wouldn't have been there and my friend with his tractor would never have been in there. Which it was to grease his truck from my. .with my grease gun. And then the letter that. . . . Warren: Is this the letter he's talking about? Cyr: This one here - I don't know. They've got it in parenthesis, tractors, and I kind of figured at that point that it was because a friend of mine had come over and did some work on his tractor, but, as I say, I thought at that time the property. .that the property was zoned commercial. Warren: This is a certified letter dated May 4th from the Zoning Enforcement Officer to Mr. Cyr. , Cyr: Right. -7- Warren: . .saying the property is in a residential zone which prohibits the use and parking of. . . . Cyr: Right, right. Warren: . . . .trucks and tractors at the address. (Two seconds - unintelligible) Warren: Are there any questions from the Board? Lausiers Can I say some more, please? Warrens Sure, we'll try to be informal about it if you have another point. Lausier: Like I said before, this is a residential area. Whether Mr. Cyr starts at 4 o' clock or seven in the morning, it' s still noisy. We live in a nice, quiet neighborhood. He keeps repeating he didn't know. He should have known. When you're in business, you don't do things like that. You find out. This is my opinion. Now, the damage he's been parking his truck there. . . the damage our house already. Is he willing, or the Board, or the Town, going to pay for the damage it does to our property. . .the smoke, fumes and all that? When, what else? The health hazard we have. We're, after all, we' re 10 feet from the trailer. Whether, like I say, he starts it once or three times, whatever, it doesn't make any difference. Now, is anybody willing, or who's supposed to pay for damages that's going to be done from now on, that's already done? Mr. Cyr doesn't specify whether he will nr not. After all, smoke, like I said I don't have to tell you what smoke from a tractor does to anything, to the glass, to the paint, anything. Warren: Thanks. We 'll take your remarks into consideration. Are there no questions? -8- Vitiello : Sir. . .you'll look at this map here. Your own location is here? (About 4 seconds unintelligible). This gentlemen's (unintelligible word) is right here. Where is he? Cyr: My driveway is right here. (Several unintelligible voices f or about 8 seconds) . Warren: We're just trying to place the specific location of the driveway• (Several unintelligible voises for about 5 seconds ) . Vitiello: Could you tell me (several unintelligible voices for approximately 12 seconds ). Warren: Could you speak up if there are any facts we ought to get on the record? Vitiello: Oh, I'm sorry. I'M trying to get the location of the property in proximity to the Mitchell Trucking Company. I'm also trying to (about 14 seconds unintelligible - several voices at once) • Vitiello: But, he does have room over here? Lausier: Could I get a look at that also? Vitiello: Oh, sure. (3 or 4 seconds - unintelligible) Eriksson: This is your house, over here? Unidentified voice : Can you recognize on the map which one is yours? (About 10 seconds - several unintelligible voices at once) . Lausier: (About 2 seconds unintelligible) . No matter where he parks it - close to his house or my house - my bedroom, our bedrooms are there regardless of where he parks it. Vitiello: If he parks it on that side, it would still disturb you? -9- Lausier: It would still disturb . . . (unintelligible word or two ) , the noise, smoke. (About 19 seconds unintelligible - many voices speaking at once ) . Warren: We're missing out on the record. . . . O (about 10 seconds unintelligible, many voices) . Vitiello: ' 72 International. (About 15 seconds not recorded, while tape was being turned over) . Cyr: There's one other thing. About my registration with the State of Connecticut. I am leased to Frost Ways out of Detroit, Michigan. My registration is under Frost Ways in Detroit, Michigan, which they have a home office, let me think, in Seaford, Delaware, which I am registered in. My truck is leased to them. I am the operator. In other words , they pay me for my truck and I get a wage. See, like he didn't understand that. But, that's why my truck is not registered in Connecticut. And, that's why I'm permanently leased to Frost Ways out of Detroit. Lausier: Can I say one more thing? I understand that, but I still say you're not being taxed in South Windsor on your truck. Warren: You've made your comments. Thank you. Any more questions from the Board? Murrin: Have you discussed the possibility of leasing with either Mitchell Trucking or AA Trucking, of their property? Cyr: No, no. I tried to get a hold of (unintelligible word) but I never did get a hold of anybody. Somebody was supposed to call me, and never did, and I went back, but I never did, but that's -10- not the point. The point is that it's too hard, too much running around for me to go park my truck over here and do my work over here. All my tools are at this point - it would be very difficult for me. If anybody knows me, knows the way I work, they would understand. I don't know if you people are familiar with an owner- operator. It's a tough business. When you go home, you like to drive in your driveway, park it. Murrin: I have a question on timetable. You started parking your truck on your lot as soon as you moved into the house? Cyr: Yes sir, December. (6 seconds unintelligible ) . Maureen, what date in December? Maureen: December 6th, we moved in. Cyr: December 6jth. (unintelligible - 4 seconds ) Cyr: And, like I say, I 'm as quiet as I can. Of course, sometimes I"m going to make a lot of noise. As far as family, I' ve got a lot of friends, lot of family. They come over to the house. It's a new house. I've got a lot of help when I need it. When I need somebody to held a screw$ I. got somebody to hold a screw. You know what I mean? So, that's the reason for all the cars and pick-ups. I try to be as nice as I can, try to be as friendly as I can, what do you get? So. I 'm just hoping you people will take me into consideration. I appreciate it. Warren: Are there any other questions from the Board? Thanks. So, I'll declare the public portion of this. . Cyr: Thank you very much, I appreciate it. Warren: . . . .closed. I��OVI N S'4 04 O � T-Own, 0-/?S-Out/1 �a� ,y w 1540 SULLIVAN AVENUE • -SOUTH WINDSOR. CONN. 06074 so '. 0�'� AREA CODE 203/644-2511 June 8, 1978 Mr. Donald E. Cyr 125 Troy Road So. Windsor, Ct. 06074 Dear 1-.r. Cyr: Re : App. No. 1258-78 Your application to the South Windsor Zoning Board of Appeals requesting a temporary and conditional permit on premises known as 125 Troy Road has been approved for one year. The Board voted to approve this application for one year as it does not substantially alter the neighborhood welfare, property value or public convenience. Said permit is to park one tractor trailer, which must be parked on the east side of the premises, and will allow you suitable time to find garaging for this tractor trailer. This action is effective June 14, 1978. You- s very truly, vg Robert W. Warren, Chairman Zoning Board of Appeals CERTIFIED MAIL RICHARD M. RITTENBAND ATTORNEY AT LAW 1734 ELLINGTON ROAD SOUTH WINDSOR, CONNECTICUT 06074 AREA CODE.203 644-2456 June 27, 1978 Mrs. Virginia Graney Clerk, Zon img Board of Appeals South Windsor Town Hall 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re : Patrick A. Lausier, et ux vs. Zoning Board of Appeals Dear Ginny: The granting of a temporary and conditional permit to Donald E. Cyr, 125 Troy Road by the Zoning Board of Appeals (Application No. 1258-78) on June 1. 1978 is being appealed to the Court. Therefore, will you kindly send me the original and three copies of the Board's entire file on this matter, including an original and three copies of the transcript of the public hearing so that I may file same with my Answer and Return to the Court. Thank you. Very truly yours , Richard M. Rittenband South Windsor Town Attorney RMR/dds June 29, 1978 Richard NI. Rittenband, Esq. 1?34 Ellington Road So. Windsor, Ct. 06074 Dear Dick: Re: Lausier v. Zoning Hoard of Appeals In accordance with your phone call of. June 26th, and letter of June 27th, I am enclosing herewith the following, which constitute the Zoning Board of Appeal's entire records concerning the application of. Donald E. Cyr: 3 copies of Application No. 1258-78 filed by Donald Eo Cyr= 3 copies of the Minutes of the ZBA meeting on 6/1/78; 3 copies of the By-Laws of the 2LBA s and 4 copies of. the Zoning Regulations of the Town of. South Windsor. As I mentioned on the phone. I will be on vacation the first week of July and, therefore, will not be able to prepare the transcript of the public hearing held on June lst, until the week of July loth. Sincerely, vg Virginia Craney, Secretary to encs. Zoning 3oard of Appeals s July 170 1978 Richard M. Rittenband, Esq. 1?34 Ellington Rd. So* Windsor, Ct. 060?4 Dear Di oft s Rot Lausier v. Zoning Board, of Appeals As you requested, I as enclosing herewith four copies of the transcript of the public hearing held on June let in the above matters If there is any other information you need in this tatter, please let me know# Sincerely. Virginia Graney, Secretary Zoning Board of Appeals vg Ones. CCU Mr. Robert Warren, Chairman (Chairman) (Secretary) of the South h Windsor Zoning Board of Appeals hereby certify on the Zoning Board of Appeals granted the following j variance(s) — special exception to: For premises located at: and more particularly bounded and described as follows. Beginning at a point on Troy Road which point marks the Southwester) corner of said lot; o y thence at an interior angle of 92 39' 2011 Northerly along Lot No.l as shown on said map, 205.22 feet to a Point; thence at an interior angle of 870 0' 4011, Easterly along Plot A as shown on said map, 91.88 feet; thence at an interior angle of 800 21' 2011, 10.42 feet; thence at an interior angle of 2780 581, 10.35 feet; thence at an interior angle of 930 20' Sou herly along lan now or former- ; ly of Stozus .194.8 feetl thence at an interior angle of 87� „ Westerly along Troy Road, 100 feet to the lace or 20, 40 P point of beginning. 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