ZBA unanimously grants variance to restore canopy and preexisting signage at 271 Hop River Road

The Bolton Zoning Board of Appeals voted unanimously on Jan. 10 to grant a variance allowing the reestablishment of a gas station canopy and the property’s preexisting canopy signage at 271 Hop River Road.

The board’s motion, made by Commissioner Joshua Machnik and seconded by Morris Silverstein, said a variance was warranted to preserve the site’s existing signage entitlement while the applicant relocates the canopy to improve safety and access. Chairman Mark Altermatt was authorized to finalize the written decision language; the motion passed 5–0.

Counsel for the applicant, attorney Dory Famiglietti of Kahan Kerensky Capossela LLP, told the board the owner intends to reopen the property as a gas station and argued state and town rules protect the canopy and canopy sign as nonconforming structures. "The signage was painted over strictly at the instruction of CITGO to indicate that their gas was not being sold at that location," Famiglietti said, arguing that the paint-over did not demonstrate the owner intended to abandon the nonconforming use. She cited Connecticut zoning statute Sec. 8-2 and Bolton zoning provisions concerning nonconforming structures in support of that position.

Engineer Gregg Fedus said the Planning and Zoning Commission had approved the building portion of the site plan but declined to approve the canopy and signage, and told the ZBA the applicant was willing to move the canopy to a conforming location while retaining the previous amount of signage.

Board members debated whether repainting signage could be read as abandonment and whether the applicant needed to demonstrate hardship to receive the variance. Commissioner William Anderson and Commissioner Morris Silverstein expressed support for granting the variance and noted that moving the canopy farther from the road would improve safety. Chairman Altermatt said he was concerned the signage plan should have been presented earlier to the Planning and Zoning Commission and that any variance should be documented carefully.

The board’s final motion found it appropriate to grant a variance that preserves the preexisting signage entitlement in the context of relocating the canopy to a safer, more conforming position. The decision authorizes the applicant to maintain the previously existing signage amount; the board granted the chair authority to polish the decision wording.

The meeting also approved the Dec. 13, 2022 minutes by unanimous vote and adjourned at 8:36 p.m.