MEMBERS PRESENT: Chairperson Marjorie Anthony, Robert Warren, Barbara Murray Joseph Carino, and Joel Nadel
ALTERNATES PRESENT: Thomas Berstene
Stephen Wagner
Chairperson Anthony called the meeting to order at 7:30 p.m. The Recording Secretary read the legal notice as published in the newspaper.
Appl. #2486-00 – Robert Craig, request for a 4’ variance to section 10.3 to allow a pool deck 6’ from the property line (10’ required) on property located at 209 Old Farm Road, A-30 open space zone.
Mr. Robert Craig came before the Board to represent this application. He explained tht he would like to request a 4’ variance for a pool deck. The proposed area of the deck would eliminate any blind spots from the house, which in turn would eliminate any unauthorized access into the pool. This would also increase their concerns for safety.
The pool is oval shaped and is placed towards the rear of the property. The proposed deck is L-shaped and enters the side yard setback.
The Board received a letter from Joseph and Roxanne Mongeon speaking in favor of this request, (Attachment A).
Answering questions from the Board, Mr. Mongeon explained that the house is on a corner lot. The pool is 18’ x 33’ with the deck on the side being 6’ wide. There is a gazebo which sits approximately 20’ from the pool.
Mr. Craig told Board members that at first he intended the deck to be constructed on the opposite side of the pool, but once he saw the blind spot that would be created, it was decided the other side of the pool would be better suited.
Commissioner Warren suggested to the applicant that he should take measurements of the gazebo because he may have a zoning violation.
With no further questions, the public participation portion of this appeal closed at 7:40 p.m.
Appl. #2487-00 – Donald and Helen Cantwell, request for a 15’ variance to section 10.2 to allow a proposed garage 5’ from the side property line, (20’ required), at 52 Dart Hill Road, A-40 zone.
Mr. Donald Cantwell came before the Board to represent this application. He explained that he would like to request a variance for a 24’ two-car garage attached to the house. There is only 29’ between the house and the property line and therefore a 15’ variance would be required.
Mr. Cantwell told Commission members that when he was looking at the original subdivision map, he noted that the house was supposed to be constructed 20’ from the opposite side line and for some reason the house was moved over 14’. If the house were built where it was originally anticipated, there would only be a need for a 1’ variance. Mr. Cantwell also stated that with the construction of this two-car garage, the house would be brought closer into conformity with zoning codes. This would also be an improvement to the house, as well as the neighborhood.
The Board received a letter from Robert & Mary Corcoran, who have no objections to this appeal, (Attachment B).
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Cantwell explained that he had purchased the property in 1957. His house sits 100’ from the front property line and the house is 38’ wide.
Michele Lipe, Assistant Planner informed the Board that the house is non-conforming, but she feels this subdivision was originally constructed in a different zone classification.
Commissioner Nadel felt that even if the house is centered on the lot, the applicant is entitled to a garage. Currently the regulations require new homes to have a garage. He also felt that the narrowness of the lot creates a hardship for the applicant.
Commissioner Berstene felt there was no problem with this request and stated that he supported it.
With no further questions, the public participation portion of this appeals closed at 7:50 p.m.
Appl. #2488-00 – Robert & Barbara Lavey, 1891 Main street, East Windsor Hill, CT., request for a variance to section 4.6.2.e, to allow a house located in front of the minimum width line within the access area on an interior lot, at 1668 Main Street, A-40 zone.
Mr. Bob Lavey came before the Board to represent this application. He explained that he would like to build a house in the rear lot of 1668 Main Street. The use of a 150’ wide building lot would be used for the access way to get to the rear of this property. The house will be 48’ x 59’ in width on a total of approximately 6 acres. The nearest property line is 75’ away.
Mr. Lavey told Commission members that he would like to place the house in the proposed location because he would like to preserve the rural atmosphere of Main Street, stay away from the wetlands on the property and allow for privacy on the property.
Mr. Lavey also would like to preserve the 1.29 acres, which is a legal building lot that has frontage on Main Street, as a pasture.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Lavey explained that the house will be located 600’ from Main Street. The area is presently mowed, but there is a small amount of trees along the Evans property line. The wetlands on the property is in the rear of the lot.
Michele Lipe, Assistant Planner explained the request to Commission members. She told them that when you propose an interior lot, one of the requirements is to have the width 1 ½ times lot width what is normally required for a particular zone. Mr. Lavey’s request is to place the house in front of the width line. She then showed members where the width line is located, where the house would need to be placed in order to be in conformance, the access area and where Mr. Lavey is proposing the construction of this house.
Commissioner Nadel felt the applicant would be asking for too large of a variance if this application is approved as presented. Michele Lipe suggested that if the Commission were to approve this, it could be approved as shown on the plan which is 55’ in front of the minimum width line.
With no further questions, the public participation portion of this appeal closed at 8:04 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2475-00 – Gardner Chapman
Commission members discussed the public hearing being kept open.
Motion to: remove appl. #2475-00 from being tabled
Was made by Commissioner Nadel
Seconded by Commissioner Murray
The motion: carried
The vote was as follows: unanimous
Michele Lipe, Assistant Director of Planning informed the Board that an agreement had been reached between the parties involved.
Motion to: Accept withdrawal of appl. #2475-00 – Gardner Chapman, 115 West Road, Ellington, CT., an appeal from the Zoning Enforcement Officer’s decision finding a violation of sections 3.1 and 3.4 of the South Windsor Zoning Regulations by the use of accessway at property located beyond the cul-de-sac of Kingsley Drive in South Windsor, zoned RR, to access owner’s land in Vernon, zoned for multi-family, to construct a multi-family facility, (tabled at 9/21/00 meeting).
Was made by Commissioner Warren
Seconded by Commissioner Murray
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2486-00 – Robert Craig, 209 Old Farms Road,A-30 open space zone.
Commission members discussed the alternatives that the applicant has and decided because of a safety issue and the house being on a corner lot, options are limited.
Motion to: Approve – Appl. #2486-00 – Robert Craig, a 4’ variance to section 10.3 to allow a pool deck 6’ from the property line (10’ required) on property located at 209 Old Farm Road, A-30 open space zone.
Was made by Commission Carino
Seconded by Commissioner Murray
The motion: carried
The vote was as follows: unanimous
Hardship: Safety issue aggravated by the restrictions put on a corner lot.
ITEM: Appl. #2487-00 – Donald and Helen Cantwell, 52 Dart Hill Road, A-40 zone
Commission members felt the addition of a garage would bring this lot closer to what the regulations require.
Motion to: Approve – Appl. #2487-00 – Donald and Helen Cantwell, a 15’ variance to section 10.2 to allow a proposed garage 5’ from the side property line, (20’ required), at 52 Dart Hill Road, A-40 zone.
Was made by Commissioner Murray
Seconded by Commissioner Nadel
The motion: carried
The vote was as follows: unanimous
Hardship:
House placement makes it impossible to construct a garage in any location on the property.
Narrowness of the lot makes it impossible to construct a garage in any location on the property.
The construction of a two-car garage will bring the property more into conformity.
ITEM: Appl. #Appl. #2488-00 – Robert and Barbara Lavey, 1668 Main Street, A-40 zone
Commissioner Nadel stated that there are a lot of wetlands in the rear of the property. The large access area seems to be the only location available to construct a house.
Motion to: Approve – Appl. #2488-00 – Robert and Barbara Lavey, 1891 Main Street, East Windsor Hill, CT., request for a variance to section 4.6.2.e, to locate a house 55’ in front of the minimum width line within the access area on an interior lot, at 1668 Main Street, A-40 zone.
Was made by Commissioner Nadel
Seconded by Commissioner Murray
The motion: carried
The vote was as follows: unanimous
Hardship: The extensive wetlands on the property prohibit the construction of a residential property on area that would be conforming to the regulations.
ITEM: Minutes
Motion to: approve the September 21, 2000 minutes.
Was made by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Motion to: approve the October 5, 2000 minutes.
Was made by Commissioner Carino
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Commissioner Nadel suggested that the Zoning Board of Appeals create a tracking system to keep track of applications that are in the application process.
Commission members discussed the letter sent by Mr. & Mrs. Conrad (Attachment C).
ITEM: Correspondence
Appl. #2489-00 – Richard S. Kelley and Stop & Shop Supermarket Co., 1725 Ellington Road, RC zone.
Chairperson Anthony told Board members that at tonight’s meeting, a decision on whether or not to hear this application on January 4, 2001 should not be made. A legal opinion will be forthcoming from Attorney Penny on whether or not the Zoning Board of Appeals should act on this application.
Motion to: Not officially receive this application due to lack of jurisdiction.
Was made by Commissioner Warren
The motion: Did not go forward due to no second of the motion
The Commission also discussed in length the extension of time the applicant has requested.
Motion to: request a 65-day extension of Statutory Regulations to hold a public hearing an additional 65 days from November 2, 2001.
Was made by Commissioner Nadel
Seconded by Commissioner Murray
The motion: carried
The vote was as follows: 3 to 2 with Commissioner Nadel, Anthony and Murray voting in favor of motion; and Commissioner Carino and Warren voting against the motion
Commissioner Warren stated that he felt the Commission does not have authority to act on this application.
Motion to: not hold a public hearing on appl. #2489-00 – Richard S. Kelley and Stop & Shop Supermarket Co., 1725 Ellington Road, RC zone.
Was made by Commissioner Warren
The motion: failed
The vote was as follows: 1 to 4 with Commissioner Warren voting in favor of the motion; and Commissioner Carino, Nadel, Murray and Anthony voting against the motion.
ITEM: Adjournment
Motion to: adjourn the meeting at 9:04 p.m.
Was made by Commissioner Murray
The motion: carried
The vote was as follows
Motion to: withdraw the motion to adjourn
Was made by Commissioner Murray
The motion: carried
The vote was as follows: unanimous
ITEM: Correspondence
Motion to: accept the 2001-meeting schedule as submitted (Attachment D)
Was made by Commissioner Carino
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 9:05 p.m.
Was made by Commissioner Murray
The motion: carried
The vote was as follows: unanimous
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Deborah W. Reid, Recording Secretary
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