Letter of the week, 9/15/08: Hardship? What hardship??

[David]

What hardship? ZBA duped!
Editor:

As a former Meriden Zoning Board of Appeals commissioner, I was both amazed and appalled at the ZBA’s recent decision to approve Mark Development’s third attempt to build John Orsini’s auto extravaganza on Murdock Avenue. There is absolutely no way that a legitimate hardship exists.

For a variance to be approved, a definitive “hardship” must exist and cannot be created or self-imposed by the property owner. Hardship cannot be “invented” by a savvy attorney. If that were the case, any property owner or attorney looking to beat the zoning regulations need only fabricate a hardship. Clearly, the only hardship that exists is the one John Orsini imposed on himself when he purchased the property.

One has to consider that Mr. Orsini is an intelligent, smart businessman who owns a considerable amount of property on Wallingford’s Rt. 5. He’s no stranger to zoning. With deep pockets and his investment at risk, he’s come back time and again attempting to wear down the local residents and/or the ZBA.

Guess who he wore down?

Quite obviously, the ZBA overlooked or ignored the square footage of the proposed buildings. Orsini’s “showroom” is 36,000 sq. ft.; his “car wash/detailing center” is 12,000 sq. ft. and his “service center” is 19,000 sq. ft. If he’s truly building a used car dealership, how many cars does he plan to sell with those enormous buildings? And 1,300 parking spaces? Orsini’s entire car dealership is 25,000 sq. ft. in total. Has the ZBA ever seen a used car dealership anywhere near 67,000 sq. ft.?

This facility will NOT be a typical used car lot in any sense of the word. It will be, or soon become, by any other name, an auto auction. Mark Development, John Orsini and Atty. Dennis Ceneviva have slickly duped the ZBA with their sideshow variance appeal. If, as Chamber of Commerce president Sean Moore says, the zoning on the property IS the hardship, then it must be changed by the City Council, not the ZBA.

Mark Development and Atty. Ceneviva should have the courage to bring their argument before the City Council and petition them to change the zoning. I strongly urge the ZBA to rescind their decision. It pains me to write this letter because I consider the members of the ZBA friends. However, as a concerned citizen and a resident within close proximity to the property in question, if the ZBA does not take such action quickly, I support the City of Meriden taking appropriate legal action against the ZBA.

I’m sorry to say, the ZBA grossly overstepped their authority.

James Burt, Meriden

[madundertaker]

What hardship? ZBA duped!
Editor:

As a former Meriden Zoning Board of Appeals commissioner, I was both amazed and appalled at the ZBA’s recent decision to approve Mark Development’s third attempt to build John Orsini’s auto extravaganza on Murdock Avenue. There is absolutely no way that a legitimate hardship exists.

For a variance to be approved, a definitive “hardship” must exist and cannot be created or self-imposed by the property owner. Hardship cannot be “invented” by a savvy attorney. If that were the case, any property owner or attorney looking to beat the zoning regulations need only fabricate a hardship. Clearly, the only hardship that exists is the one John Orsini imposed on himself when he purchased the property.

One has to consider that Mr. Orsini is an intelligent, smart businessman who owns a considerable amount of property on Wallingford’s Rt. 5. He’s no stranger to zoning. With deep pockets and his investment at risk, he’s come back time and again attempting to wear down the local residents and/or the ZBA.

Guess who he wore down?

Quite obviously, the ZBA overlooked or ignored the square footage of the proposed buildings. Orsini’s “showroom” is 36,000 sq. ft.; his “car wash/detailing center” is 12,000 sq. ft. and his “service center” is 19,000 sq. ft. If he’s truly building a used car dealership, how many cars does he plan to sell with those enormous buildings? And 1,300 parking spaces? Orsini’s entire car dealership is 25,000 sq. ft. in total. Has the ZBA ever seen a used car dealership anywhere near 67,000 sq. ft.?

This facility will NOT be a typical used car lot in any sense of the word. It will be, or soon become, by any other name, an auto auction. Mark Development, John Orsini and Atty. Dennis Ceneviva have slickly duped the ZBA with their sideshow variance appeal. If, as Chamber of Commerce president Sean Moore says, the zoning on the property IS the hardship, then it must be changed by the City Council, not the ZBA.

Mark Development and Atty. Ceneviva should have the courage to bring their argument before the City Council and petition them to change the zoning. I strongly urge the ZBA to rescind their decision. It pains me to write this letter because I consider the members of the ZBA friends. However, as a concerned citizen and a resident within close proximity to the property in question, if the ZBA does not take such action quickly, I support the City of Meriden taking appropriate legal action against the ZBA.

I’m sorry to say, the ZBA grossly overstepped their authority.

James Burt, Meriden

I live just around the corner from this parcel of land. I can understand both sides of the story. But I do not know enough about zoning and the things that go with it. On one side, I can understand the frustration of people who are against an auto auction/dealership being built here. But on the other side, Mr. Orsini does have a right to build whatever he chooses to on his own property. Last I checked, we still live in a free country. The city suing itself would be a complete waste of taxpayer money. Like I said before, I do not really understand all of the zoning issues, but if he owns the land, can he do what he wants with it?

[hoyt31]

I sure it is a great park and I can't wait to go to a game there. Perhaps the investments should have been made in education instead of the athletics. We certainly don't produce many professional athletes from Meriden but with one of the worst school systems in the state I can see how it makes sense.

[David]

Please note that the two previous posts were removed because they contained vulgar content, one of which amounted to an ad hominem attack upon a contributor to this forum.

We welcome a robust discussion here and take no pleasure in deleting posts. Let's stay focused on the topics at hand and not include content which is crass or which attempts to berate another person.

Your participation is encouraged and welcomed, but let's keep it civil. Thank you, all.

[fenway422]

I live just around the corner from this parcel of land. I can understand both sides of the story. But I do not know enough about zoning and the things that go with it. On one side, I can understand the frustration of people who are against an auto auction/dealership being built here. But on the other side, Mr. Orsini does have a right to build whatever he chooses to on his own property. Last I checked, we still live in a free country. The city suing itself would be a complete waste of taxpayer money. Like I said before, I do not really understand all of the zoning issues, but if he owns the land, can he do what he wants with it?

When Mr. Orsini purchased this property he knew it was not zoned(RDD) for an auto use/dealership/auction. He also purchased the property accross the street in Wallingford to do the same thing. Wallingford did not want the business in their town the property was not zoned for the use Orsini wants. So he is tried to get Meriden to change the zoning to suit his purpose & Meriden was not going to approve the zone change so Orsini w/drew his app. He went to the ZBA for a variance seeking a hardship which the ZBA granted but does not have the authority to do. You live around the corner? Do you really think this type of business belongs in this area? It will be in my back yard & I don't want it. I'm sure if it was in your back yard vs, around the corner you may think differently. Your property value will go down along with the quality of life that you are accustomed to. Call an appraiser & let them know that an auto auction will be going in & see what you will be able to sell your home for. Let them know that there will be parking for over 1300 cars. I'm very happy that City Council voted to sue the ZBA. I also hope that the variance gets pulled.

[madundertaker]

When Mr. Orsini purchased this property he knew it was not zoned(RDD) for an auto use/dealership/auction. He also purchased the property accross the street in Wallingford to do the same thing. Wallingford did not want the business in their town the property was not zoned for the use Orsini wants. So he is tried to get Meriden to change the zoning to suit his purpose & Meriden was not going to approve the zone change so Orsini w/drew his app. He went to the ZBA for a variance seeking a hardship which the ZBA granted but does not have the authority to do. You live around the corner? Do you really think this type of business belongs in this area? It will be in my back yard & I don't want it. I'm sure if it was in your back yard vs, around the corner you may think differently. Your property value will go down along with the quality of life that you are accustomed to. Call an appraiser & let them know that an auto auction will be going in & see what you will be able to sell your home for. Let them know that there will be parking for over 1300 cars. I'm very happy that City Council voted to sue the ZBA. I also hope that the variance gets pulled.

Was the former Saab Company and Flexo on this parcel, and could the town impose strict guide lines that would limit truck traffic and noise for this buisness? I'm just trying to figure out how this land could be used to generate tax revenue without making everyone upset. Could he possibly build something else there other than the auto auction/dealership that he want's to put there? I'm not trying to ruffle feathers, just trying to understand.

[hoyt31]

The current zoning on the property allows for several type of commercial use. Just ones that aren't as profitable to him as his proposed business. The one thing people need to be leary of in terms of looking for tax revenue is urban sprawl. This area is mostly residential and on the outskirts of town. The infastructure for this area would drastically need to change to support business. Roads widen and maintained more. These roads also have old drainage pipes and electrical line under them. More heavy truck traffic equals more pressure on these systems. Potential cost for repair. Expect more of a presence from the police and other town agencies. These things will all cost tax dollars. I am not opposed to business in this area just the right type of business. The town needs to do business with individuals who respect our citizens and the laws of our town. This does not seem to be the case with this group. I think the town's Plan for Conservation and Development Steering comittee is on the right track with their intial draft. We shall see how long it takes to get mocked up.

[fenway422]

So the answer is yes, Orsini can build other businesses on that property so there is no hardship. He built other businesses on Wallingord's side with the hopes that Meriden would approve his land use. Notice the type of buildings he has other there with the large garage doors. Potenital car bays?? Saab & Flexo is light manufactuing not a car dealership/auto auction.

[alwaysright]

dump 'em all. Orsini and Ceneviva have them in their pockets.