MEMBERS PRESENT: Chairperson Marjorie Anthony, Robert Warren (left meeting at 7:40 p.m.), Joseph Carino, and Joel Nadel
ALTERNATES PRESENT: Thomas Berstene sitting for Robert Warren
Robert Knapp sitting for Barbara Murray
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.
Motion to: change the order of the agenda.
Was made by Commissioner Nadel
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Appl. #2475-00 – Gardner L. 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).
Motion to: remove appl. #2475-00 from being tabled.
Was made by Commissioner Nadel
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Attorney Penny came before the Board to inform members that all parties involved are attempting to work out a settlement to this matter so additional time will be necessary.
Attorney Barry Guliano explained there is a settlement almost complete, so he would like to request that this application be tabled until the November 2, 2000 meeting. Attorney LaBelle sent a letter requesting this application be tabled (Attachment A).
Motion to: table appl. #2475-00 to the November 2, 2000 meeting.
Was made by Commissioner Carino
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Appl. #2477-00 – Steve Robinson, Chapel Main LLC, 588 Main Street, request for: 1) a variance to section 3.10.3 to allow an addition on a non-conforming structure; 2) a 13’ variance to section 10.2 to allow a proposed addition 12’ from the rear property line (25’ required); 3) a 4’ variance to section 10.2 to allow a proposed addition 6’ from the side property line (10’ required); 4) a 10’ variance to section 10.2 to allow a second proposed addition 15’ from the rear property line (25’ required); and 5) a variance to section 10.2 to allow 75% impervious coverage (65% allowed) at 240 Chapel Road, I zone, (continued from 9/21/00 meeting).
Chairperson Anthony informed Commission members that the applicant has requested to be put on the November agenda, but because of the timeframe under State Statute a decision will have to be made tonight on this application.
PUBLIC HEARING
Appl. #2481-00 – Charles & Kathleen Feltz, request for a variance to section 4.5.4.a, to allow a 210 square foot addition to bring total square footage to 1600 square feet, which exceeds the 1400 square feet maximum house size allowed in Designed Residence zones, for property located at 42 Austin Circle, DR zone.
Mr. Charles Feltz came before the Board to represent this application. He explained that he would like to increase his house size to 1600 square feet. Presently Mr. Feltz works out of his home utilizing the third bedroom. This request would allow the third bedroom to be used for its original intended purpose. When our home was being constructed, the builder informed us that our house could have an addition, which would allow the house to have a maximum of 1600 square feet. There are 30 to 40 houses in our development that presently are 1600 square feet.
Three letters were submitted speaking in favor of this appeal (Attachment B, C & D).
No one from the public spoke in opposition to this appeal.
Michele Lipe, Assistant Director of Planning came before the Commission. She explained that at the time Redfield Development was being constructed, the developer approached Planning and Zoning. The builder was allowed the larger units in return for reduction in prices of the moderate homes that were offered for sale in that development.
Answering questions from the Board, Mr. Feltz explained that the addition would consist of a 14’ x 15’ square foot family room. It would be one level addition with cathedral ceilings. The addition would be placed where the existing deck is presently located. The deck will not be replaced, instead a patio will be constructed.
With no further questions, the public participation portion of this appeal closed at 7:50 p.m.
Appl. #2482-00 – William & Kathleen Vedovato, request for a 27’ variance to sections 3.10.3 and 10.2 to allow a proposed garage addition 23’ from the front property line (50’ required) at 1286 Ellington Road, RR zone.
Mr. William Vedovato came before the Board to represent this application. Mr. Vedovato explained that he is requesting to construct a two-car garage, which would be attached to his house. The garage would be 27’ from the property line. This request is also for an addition on the second floor, which would consist of a bedroom. An old porch would be torn down and the new addition would take its place.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Vedovato explained that the house was built in 1932 or 1933. There is 2 acres of land, but the site is very long and narrow. The house is presently non-conforming in the front and on both sides.
With no further questions, the public participation portion of this appeal closed at 8:00 p.m.
Appl. #2483-00 – Robert Eisman, request for a 24’ variance to section 10.2 to allow a proposed garage 7’ from the property line (10’ required) at 26 Pond Lane, A-20 zone.
Mr. Robert Eisman came before the Board to represent this application. Mr. Eisman explained that because of the traffic speed and volume on Kelly Road, he would like to move his primary access from Kelly Road to Willow Street and construct a garage. The maximum request is 26’ from the present structure towards Willow Street and 4’ towards Kelly Road. There are similar variance in the neighborhood.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Eisman explained that he would like to keep both driveways if possible. The garage will be attached to the house, and this would be the only practical area to place the garage because of the topography and landscaping of the property.
Michele Lipe, Assistant Planner explained that usually when the primary access gets moved to a different street, the address usually changes, but because this area is established she was not sure what would happen. Special permission would need to be granted from the Town Engineer and the Director of Planning to allow two driveways.
Commissioner Wagner stated that his concern is that a car parking outside of the garage will be very close to the road, which would create an unsafe situation.
Chairperson Anthony stated that she felt the applicant should be more specific on the location of the proposed garage.
Commission members discussed driveway cuts being required to be 50’ back from an intersection. This would require the applicant to shift the driveway as far down Willow Street as possible.
With no further questions, the public participation portion of this appeal closed at 8:13 p.m.
Appl. #2484-00 – Brian Edwards, request for a 3’ variance to section 10.2 to allow a garage 7’ from the property line (10’ required) at 26 Pond Lane, A-20 zone.
Mr. Brian Edwards came before the Board to represent this application. He explained that he was present to request a 3’ variance in order to construct another garage bay onto his home. The abutting property owners have agreed to sell 10’ of their property in order to have this garage bay constructed, (Attachment D). This variance request will not affect any other zoning requirement.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Edwards explained that his house initially was 1500 square feet before the addition of a hallway and two-car garage bay were added onto his home. There are currently three bedrooms in the house. There were attempts to construct the garage smaller, but no other configuration would work.
Commissioner Nadel stated he would like to see the 10’ land acquisition conditioned on this application.
With no further questions, the public participation portion of this appeal closed at 8:20 p.m.
Appl. #2477-00 – Steve Robinson, Chapel Main LLC, 588 Main Street, request for: 1) a variance to section 3.10.3 to allow an addition on a non-conforming structure; 2) a 13’ variance to section 10.2 to allow a proposed addition 12’ from the rear property line (25’ required); 3) a 4’ variance to section 10.2 to allow a proposed addition 6’ from the side property line (10’ required); 4) a 10’ variance to section 10.2 to allow a second proposed addition 15’ from the rear property line (25’ required); and 5) a variance to section 10.2 to allow 75%impervious coverage (65% allowed) at 240 Chapel Road, I zone, (continued from 9/21/00 meeting).
Chairperson Anthony explained that Mr. Robinson is not present to represent his application. He had asked at the September 21, 2000 meeting to have his application carried over to the October 5, 2000 meeting.
Motion to: close the public hearing on appl. #2477-00 – Steve Robinson
Was made by Commissioner Nadel
Seconded by Commissioner Knapp
The motion: carried
The vote was as follows: unanimous
Motion to: re-open the public hearing in order to hear appl. #2485-00.
Was made by Commissioner Nadel
Seconded by Commissioner Knapp
The motion: carried
The vote was as follows: unanimous
Appl. #2485-00 – Leslie Richardson, request for a 10’ variance to section 10.2 and 3.10.3 to allow a deck to be constructed 40’ from the property line (50’ required) at 676 Foster Street, RR zone.
Mr. Leslie Richardson came before the Board to represent this application. He explained that he would like to request a variance in order to construct a deck on the rear of the house. The lot is an irregular shape with the house taking up most of the building area. Mr. Richardson stated he had previously been before this Board to request an addition onto the house, but was unaware a variance was necessary to construct a deck on the rear of the house.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Richardson explained that he previously had received a variance because his home is non-conforming. The proposed deck will be constructed off of his family room.
Commissioner Nadel stated that he felt the lot was particularly small for the RR zone. There is not much you could do on the lot because of the irregular shape of the lot.
With no further questions, the public participation portion of this appeal closed at 8:30 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2481-00 – Charles & Kathleen Feltz, 42 Austin Circle, DR zone
Commission members discussed the fact that this was the second time someone from this development came in and said the developer told them they could add on to their home to have a maximum of 1600 square feet. It was also stated that the Planning and Zoning Commission should look at this entire area.
Commissioner Carino stated that the agreement between the Town and developer was done to enforce a certain number of homes to be sold affordably. The applicants now have a choice of either selling their home or adding onto their home. Commissioner Carino feels there is adequate hardship to approve.
Commissioner Knapp stated that he is comfortable with the motion, however he does not feel reliance of what a builder has to say has any merit and does not create a hardship.
Motion to: Approve appl. #2481-00 – Charles & Kathleen Feltz, a variance to section 4.5.4.a, to allow a 210 square foot addition to bring total square footage to 1600 square feet, which exceeds the 1400 square foot maximum house size allowed in Designed residence zones, for property located at 42 Austin Circle, DR zone.
Was made by Commission Carino
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Hardship:
The regulation restricts sizes of the homes and was utilized by the developer and not available to the individual homeowner.
Total square footage will not exceed 1600 square feet, therefore, the applicant is complying with the intent of the Planning & Zoning Commission and what was approved for many of the units.
ITEM: Appl. #2482-00 – William & Kathleen Vedovato, 1286 Ellington Road, RR zone
Commission members discussed the irregular shaped lot and the house being turned at a peculiar angle.
Motion to: Approve appl. #2482-00 – William & Kathleen Vedovato, a 23’ variance to sections 3.10.3 an d10.2 to allow a proposed garage addition 27’ from the front property line (50’ required) at 1286 Ellington Road, RR zone.
Hardship:
The irregular shaped lot and house being turned in peculiar way restricts the ability to place a garage in an area to be in conformance.
The regulations now require homes to have a garage.
ITEM: Appl. #Appl. #2484-00 – Brian Edwards, 26 Pond Lane, A-20 zone
Commission members discussed that they felt the applicant made a good attempt by purchasing land from a neighbor in order to request as small of a variance as possible.
Commissioner Carino felt that the Planning and Zoning Commission should update zoning regulations. A comparison should be made of today’s standards versus when the lots were constructed.
Motion to: Approve appl. #2484-00 – Brian Edwards, a 3’ variance to section 10.2 to allow a garage 7’ from the property line (10’ required) at 26 Pond Lane, A-20 zone.
Was made by Commissioner Carino
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Hardship: The configuration of the lot and the location of the house creates a difficulty to construct an addition in an area that would be in conformance.
Condition: Approval contingent on acquisition of the 10’ strip from the abutting property owner.
ITEM: Leslie Richardson, 676 Foster Street, RR zone
Commission members discussed the undersized lot, and the irregular angle and shape of the rear property line.
Motion to: Approve appl. #2485-00 – Leslie Richardson, a 10’ variance to sections 10.2 and 3.10.3 to allow a deck to be constructed 40’ from the property line (50’ required) at 676 Foster Street, RR zone.
Was made by Commissioner Nadel
Seconded by Commissioner Knapp
The motion: carried
The vote was as follows: unanimous
Hardship:
The irregular shape of the rear property line and the undersized lot makes it impossible to place the deck in an area of conformity.
ITEM: Appl. #2483-00 – Robert Eisman, 68 Kelly Road, A-20 zone
Commission members discussed this application saying there are three different plans that the applicant discussed. Commission members would like the applicant to come back with one plan that includes the following:
A site plan.
Second driveway designed in accordance with the Town of South Windsor Public Improvement Specifications.
Both driveways identified on the site plan.
Placement of the proposed garage identified on the site plan.
Specific size of the garage identified.
Demonstrate that no other reasonable alternatives exist on the property.
Make sure the 50’ visibility from the intersection is not obstructed.
Motion to: Deny without prejudice – Appl. #2483-00 – Robert Eisman, a 24’ variance to section 10.2 to allow a proposed garage addition 16’ from the front property line (40’ required) at 68 Kelly Road, A-20 zone.
Was made by Commissioner Knapp
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Reason for Denial:
Inadequate description of hardship as to why garage had to be located where proposed.
Additional information required.
ITEM: Appl. 2477-00 – Steve Robinson, 240 Chapel Road, I zone
Motion to: Deny without prejudice – Appl. #2477-00 – Steve Robinson, Chapel Main LLC, 588 Main street, for: 1) a variance to section 3.10.3 to allow an addition on a non-conforming structure; 2) a 13’ variance to section 10.2 to allow a proposed addition 12’ from the rear property line (25’ required); 3) a 4’ variance to section 10.2 to allow a proposed addition 6’ from the side property line (10’ required); 4) a 10’ variance to section 10.2 to allow a second proposed addition 15’ from the rear property line (25’ required); and 5) a variance to section 10.2 to allow 75% impervious coverage (65% allowed) at 240 Chapel Road, I zone, (continued from 9/21/00 meeting) due to the expiration of the statutory timeframe to hold open public
hearings.
Was made by Commissioner Berstene
Seconded by Commissioner Knapp
The motion: carried
The vote was as follows: unanimous
Reason for Denial:
The Commission could no longer keep this application open due to time restrictions.
It was noted the applicant did not appear.
ITEM: Adjournment
Was made by Commissioner Carino
The motion: carried
The vote was as follows: unanimous
The meeting adjourned at 9:30 p.m.
________________________________
Deborah W. Reid, Recording Secretary
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