AGENDA ZONING BOARD OF APPEALS LINCOLN CENTER HEARING ROOM JUNE 27, :00 P.M.

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1 AGENDA ZONING BOARD OF APPEALS LINCOLN CENTER HEARING ROOM JUNE 27, :00 P.M. A. PUBLIC HEARINGS AJ SIGNS - application # Request a variance of Art. IV, Sec to allow six tenant panels measuring sq. ft. and one measuring sq. ft. (6 sq. ft. sign area for each tenant permitted) at 210 Spencer Street, General Business zone. C-TEC SOLAR, LLC application # Request a variance of Art. II, Sec to allow a solar canopy structure 10 feet from the front property line at 161 Sanrico Drive, Industrial zone. B. BUSINESS MEETING 1. Consideration of Public Hearings 2. Approval of Minutes May 30, 2018 Public Hearing, Business Meeting 3. Acceptance of New Applications 4. Other Business R:\Planning\ZBA\2018\06 - June 27\Agenda 27 JUN 2018.docx

2 TOWN OF MANCHESTER LEGAL NOTICE The Zoning Board of Appeals will hold a public hearing on June 27, 2018 at 7:00 p.m. in the Lincoln Center Hearing Room, 494 Main Street, Manchester, Connecticut to hear and consider the following applications: AJ SIGNS - application # Request a variance of Art. IV, Sec to allow six tenant panels measuring sq. ft. and one measuring sq. ft. (6 sq. ft. sign area for each tenant permitted) at 210 Spencer Street, General Business zone. C-TEC SOLAR, LLC application # Request a variance of Art. II, Sec to allow a solar canopy structure 10 feet from the front property line at 161 Sanrico Drive, Industrial zone. CHRISTY, KELLY, & SHARON MORIN - application # Request a variance of Art. II, Sec to allow an indoor arena with a height of 25 ft. (18 ft. maximum height permitted), and a variance of Art. IV Section to allow a horse barn for boarding and riding lessons at 271 Bush Hill Road, Rural Residence zone. At this hearing interested persons may be heard and written communications received. Copies of these petitions are on file in the Planning Department and may be inspected during normal business hours. James R. Stevenson, Chair Zoning Board of Appeals R:\Planning\ZBA\2018\06 - June 27\Legal Notices\PH Notice 27 JUN 2018.docx

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14 MINUTES OF PUBLIC HEARING HELD BY THE ZONING BOARD OF APPEALS DRAFT LINCOLN CENTER HEARING ROOM MAY 30, 2018 MEMBERS PRESENT: James R. Stevenson, Chair Robert Haley, Secretary Edward Slegeski ALTERNATES PRESENT: Sandra DeCampos, Sitting Linda Harris, Sitting ABSENT: Albert Gionet, Vice Chair Bonnie Potocki ALSO PRESENT: Matthew Bordeaux, Acting Senior Planner James Davis, Zoning Enforcement Officer Nancy Martel, Recording Secretary The Chair opened the Public Hearing at 7:00 P.M. The Secretary read the legal notice for the application when the call was made. ZBA PH

15 KENNETH WICHMAN Application # Request a use variance of Art. II, Sec to allow the first floor to be used for massage therapy and similar therapeutic practices at 117 East Center Street, Residence C and Design Overlay zones. Mr. Kenneth Wichman, 117 East Center Street, Manchester, introduced himself. He explained that the property has been occupied by medical offices for many years and he has been approached by a massage therapist interested in renting space there. Massage therapy is a medical treatment, he stated, which fits with the use of the building. Therefore, Mr. Wichman explained, he is requesting a variance to allow massage therapy on the first floor of the building. Mr. Haley commented on the statement massage therapy and similar therapeutic disciplines. He questioned the meaning of similar disciplines. Mr. Wichman said he thought that the words similar disciplines had been stricken. He explained that reiki is considered a therapy, closely aligned with massage therapy. Mr. Haley asked if a tattoo parlor would be a possible use and Mr. Wichman replied it would not. Mr. Haley inquired about the hardship in this case. Mr. Wichman reported that there is vacancy in the building and, in his opinion, massage therapy is a valid medical therapy and should not be disallowed at the location. Mr. Slegeski asked for clarification of the applicant s statement that some wording had been stricken from the application. ZBA PH

16 Mr. Bordeaux read the original request as follows: Variance to permit first floor of property for use by therapists such as massage therapists and similar medical and therapeutic disciplines in addition to the current allowable use for doctors, lawyers, accountants, etc. Mr. Slegeski reiterated that there had been a statement by Mr. Wichman suggesting something had been changed. Mr. Wichman reported the application had been modified because it was felt to be redundant. Mr. Bordeaux explained the application was modified to include massage therapists and similar therapeutic disciplines, but not medical, because medical is already a permitted use in the zone. Mr. Wichman added that acupuncture could be another example of a similar therapeutic discipline. Ms. DeCampos asked about the definition of massage therapy. She recounted that a number of years ago after a car accident, she saw a chiropractor where she had massage therapy. Ms. DeCampos questioned whether the definitions should be updated. Mr. Davis explained that, historically, in the Town of Manchester, massage therapy and massage services have been considered personal service shops, as in previous use variance applications. Ms. Harris recounted Mr. Wichman s stated hardship of having vacant rental space, and questioned whether there is any other hardship. ZBA PH

17 Mr. Wichman responded that, in reference to the person who is seeking to rent the space, in his opinion, the discipline should not be excluded because it is a medical service. He noted that, if massage therapy was not considered a personal service, the therapist would be free to rent and he would be free to make the space available to others with similar disciplines. Mr. Stevenson attempted to clarify the applicant s statement of hardship, stating that the hardship is that massage therapy is consistent with other medical providers that have occupied the building. Mr. Wichman agreed and stated he does not feel massage therapy should be excluded according to the current Town definition. Mr. Haley requested to ask some questions of the massage therapist. Ms. Nicole Arel, 37 Love Lane, introduced herself. Mr. Haley asked what license Ms. Arel has. She explained that she is a licensed massage therapist, licensed by the State of Connecticut, and described her various association affiliations. She reported that she is a Board-certified massage therapist certified by the National Therapeutic Board of Massage and Bodywork. Ms. Arel noted she has maintained all licensures and certifications since graduating in December 2005 from the Connecticut Center for Massage Therapy (CCMT) in Newington. Mr. Haley questioned whether a massage therapist must be registered with the State. ZBA PH

18 Ms. Arel said that is correct, and explained that, at the time she was in school, the law stated that an individual was required to have 500 hours of classroom time with a COMTA-certified school, which CCMT is. She went on to explain the process she went through to get her license through the State. Mr. Haley inquired whether the Department of Health issues the license. Ms. Arel confirmed that was the case. Mr. Haley noted she is working in the health field through the State of Connecticut. He questioned whether she is paid by insurance. Ms. Arel reported she does not accept insurance, though other massage therapists do. Mr. Haley sought clarification that, in the field of massage therapy, there is health insurance coverage. Ms. Arel added that some clients request a receipt to submit to their HSA for reimbursement. Mr. Haley questioned Ms. Arel s hours of operation. Ms. Arel explained that she will be in the office on Tuesdays, Wednesdays, and alternate Fridays with an occasional Saturday or Sunday. She reported her earliest appointment is generally 8:30 to 9 A.M. and her last appointment is over at about 8 P.M. Mr. Haley asked whether a restriction on the closing hours would be a problem. Ms. Arel responded, if she could abide by her prior stated hours, she would not have a problem. ZBA PH

19 Mr. Haley inquired whether there will be any teaching at the site. Ms. Arel stated there will be no teaching; she will only be seeing clients. Ms. Harris questioned how often Ms. Arel must renew her license. Ms. Arel reported she must renew with the State of Connecticut every two years. She must perform continuing education hours in order to renew her license. Ms. Harris asked if the Department of Public Health performs inspections. Ms. Arel reported that, in the State of Connecticut, the Department of Public Health does not. She explained that the State has the right to perform inspections, but not the manpower. Earlier this year, she stated, she worked with the Town to pass the new Massage Therapy Establishment Permit, which is now in place. She described the reason why she is seeking to open the office in Manchester. Mr. Haley asked Mr. Wichman if it would be acceptable to him if the Board were to limit the space to licensed massage therapists. Mr. Wichman responded he would be able to accept that, though he did not understand why it should be restricted. Mr. Stevenson noted there were no members of the public present to comment. ZBA PH

20 Mr. Bordeaux reported the only Staff comment received was from the Chief Building Official, who noted that the Building Department should be consulted prior to any alterations to the space. He added that a massage therapist would have to register with the Town Health Department. Mr. Slegeski asked Mr. Bordeaux whether it would preclude other acceptable uses if the Board restricted the location to massage therapy. Mr. Bordeaux reported that restricting the location to massage therapy would certainly limit the space to massage therapy only. Mr. Stevenson assumed Mr. Haley sought to ensure the space would be restricted to a licensed massage therapist, not just a massage therapist. Mr. Davis clarified that the applicant would be allowed the permitted uses in Art. II, Sec. 6, though the use variance would be limited in scope to licensed professional massage therapists. Ms. Harris inquired whether the Board has permitted personal services in the Residence C zone. Mr. Davis explained the location is in a Residence C zone, which allows for business offices. Previously, in a similar location at 21 East Middle Turnpike, the owner had difficulty renting the lower level, and applied for and received a variance to allow massage therapy at the location. The public hearing was closed at 7:20 P.M. I certify these minutes were adopted on the following date: ZBA PH

21 Date James Stevenson, Chair NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN BE HEARD IN THE PLANNING DEPARTMENT. ZBA PH

22 MINUTES OF BUSINESS MEETING HELD BY THE ZONING BOARD OF APPEALS DRAFT LINCOLN CENTER HEARING ROOM MAY 30, 2018 MEMBERS PRESENT: James R. Stevenson, Chair Robert Haley, Secretary Edward Slegeski ALTERNATES PRESENT: Sandra DeCampos, Sitting Linda Harris, Sitting ABSENT: Albert Gionet, Vice Chair Bonnie Potocki ALSO PRESENT: Matthew Bordeaux, Acting Senior Planner James Davis, Zoning Enforcement Officer Nancy Martel, Recording Secretary The Chair opened the Business Meeting at 7:20 P.M. The Secretary read the legal notice for the application when the call was made. ZBA BM

23 KENNETH WICHMAN Application # Request a use variance of Art. II, Sec to allow the first floor to be used for massage therapy and similar therapeutic practices at 117 East Center Street, Residence C and Design Overlay zones. MOTION: Mr. Haley moved to approve the variance with the conditions that (1) the variance is only for licensed therapeutic massage, and (2) the hours of operation will be no more than 6 A.M. to 9 P.M. Ms. Harris seconded the motion and all members voted in favor. The hardship and reasons for the approval were that, although licensed therapeutic massage is not considered medical under the zoning regulations, it is close in nature to other medical professions, insurance is accepted for it, and it is regulated by the State of Connecticut Department of Public Health, so the use will fit in the location and will not change the character of the neighborhood or of the services provided in the building. Mr. Stevenson stated that he agreed with Mr. Haley, noting there had been a similar discussion for a similar application in the past. He reiterated that licensed therapeutic massage is close in nature to other medical professions and will not change the character of the neighborhood or of the services being provided in the building. APPROVAL OF APRIL 25, 2018 MINUTES: PUBLIC HEARING AND BUSINESS MEETING ZBA BM

24 MOTION: Mr. Haley moved to approve the minutes with the modification that the minutes be revised to reflect that Mr. Peak was not absent, as he resigned prior to the April 25 th meeting. Mr. Slegeski seconded the motion and all members voted in favor. RECEIPT OF NEW APPLICATIONS There were no new applications. A discussion was held regarding the procedure at the next ZBA meeting in Mr. Stevenson s absence. The business meeting was closed at 7:50 P.M. I certify these minutes were adopted on the following date: Date James Stevenson, Chair NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN BE HEARD IN THE PLANNING DEPARTMENT. ZBA BM