AGENDA

ZONING BOARD OF APPEALS

LINCOLN CENTER HEARING ROOM

JUNE 27, 2018

7:00 P.M.

A. PUBLIC HEARINGS

AJ SIGNS - application #2018-050 – Request a variance of Art. IV, Sec. 13.10.05.03 to

allow six tenant panels measuring 11.87 sq. ft. and one measuring 10.83 sq. ft. (6 sq. ft.

sign area for each tenant permitted) at 210 Spencer Street, General Business zone.

C-TEC SOLAR, LLC – application #2018-058 – Request a variance of Art. II, Sec.

16.11.01 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

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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 #2018-050 – Request a variance of Art. IV, Sec. 13.10.05.03 to allow

six tenant panels measuring 11.87 sq. ft. and one measuring 10.83 sq. ft. (6 sq. ft. sign area for

each tenant permitted) at 210 Spencer Street, General Business zone.

C-TEC SOLAR, LLC – application #2018-058 – Request a variance of Art. II, Sec. 16.11.01 to

allow a solar canopy structure 10 feet from the front property line at 161 Sanrico Drive,

Industrial zone.

CHRISTY, KELLY, & SHARON MORIN - application #2018-059 - Request a variance of

Art. II, Sec. 1.03.04 to allow an indoor arena with a height of 25 ft. (18 ft. maximum height

permitted), and a variance of Art. IV Section 14.01.01 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

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ZBA – PH – 5-30-18 – 1

MINUTES OF PUBLIC HEARING

HELD BY THE ZONING BOARD OF APPEALS

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.

DRAFT

ZBA – PH – 5-30-18 - 2

KENNETH WICHMAN – Application #2018-044 – Request a use variance of Art. II, Sec. 6.01

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 – 5-30-18 – 3

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 – 5-30-18 - 4

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 – 5-30-18 – 5

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 – 5-30-18 - 6

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 – 5-30-18 – 7

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 – 5-30-18 - 8

_________________________________ ____________________________________

Date James Stevenson, Chair

NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN

BE HEARD IN THE PLANNING DEPARTMENT.

ZBA – BM – 5-30-18 – 1

MINUTES OF BUSINESS MEETING

HELD BY THE ZONING BOARD OF APPEALS

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.

DRAFT

ZBA – BM – 5-30-18 - 2

KENNETH WICHMAN – Application #2018-044 – Request a use variance of Art. II, Sec. 6.01

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 – 5-30-18 – 3

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

25th

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.