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ZBA 7-5-01

MEMBERS PRESENT:        Chairperson Marjorie Anthony, Robert Warren, Barbara Murray, Joel Nadel and Joseph Carino

Chairperson Anthony called the meeting to order at 7:30 p.m.  Michele Lipe, Assistant Director of Planning read the legal notice as published in the newspaper.

Appl. #2505-01
10.2 to allow a 15
required) at 194 Carriage Drive, A-30 zone.

Mr. Ingalls presented the application. He would like to put an addition on the eastern side of his house, however it would encroach 10
His hardship is the zoning restriction, which had been placed on his property, is no longer valid.

No one from the public spoke in favor or opposition to this appeal.

The Board members had the following questions:

Had he tried to acquire the land from the town, negating the need for a variance? The applicant stated at one time he had inquired, but it was many years ago.

Why was the applicant looking for such a large variance when the addition would only extend approximately 10 feet into the yard? The applicant responded that it was at the suggestion of the Planning Department that he request the 35 foot variance so that the entire building line would be like that of a side yard in that zone. Michele Lipe, Assistant Director of Planning commented that it was probably suggested so that any future uses, such as a shed placement, would not require a variance from this Board.

The Board expressed concern for granting a variance for anything more that was needed.  They also felt the applicant should approach the town again about purchasing the land.

With no further questions, this public hearing was closed

2.      Appl. #2506-01
Mr. McClellan started the presentation for the applicant. He distributed copies of his credentials (As a Sanitarian for the State) to the Board members (see Attachment A).  He spoke of his daughter
Megan McCellan spoke on her behalf.  She indicated her plan to raise the goats and care for them at their property. She hoped her younger brother, who was also in 4-H, would actively help her. She submitted a letter from the principal of Timothy Edwards School, (see Attachment C).

The chair asked for public comment.

Mrs. McClellan, mother of the Megan, spoke of Megan
Katie McClellan, sister of Megan, echoed her mother
The Board then stated their concerns.

It was the consensus of the Board that this type of application was more appropriately addressed through an application to the Planning and Zoning Commission for a temporary and conditional permit.

With no further questions, the public participation portion of this appeal closed.

Appl. #2507-01
10.2 to allow a garage to be 11
Niederwerfer Road, RR zone.

Mr. Rempel was present to discuss his request. He is proposing to construct a third bay onto his existing two-car garage.  The purpose for this garage would be for the storage of vintage vehicles that he owns.

No one from the public spoke in favor or opposition to this appeal.

Board members commented. Nadel had a concern with how many garages should be permitted on a house lot, specifically when there is not adequate room to meet the zoning requirements.

Carino felt that the location shown was the most realistic location for an additional garage bay.

With no further questions, the public participation portion of this appeal was closed.

Appl. #2508-01 - Mr. Jeffrey Squillante, P. O. Box 2211, Hartford, CT., request
for a variance to section 3.12.1.a to allow a restaurant to serve wine and beer
within 500' of a daycare and church, at property located at 464 Buckland Road,
RC zone.

Jeffrey Squillante, potential lessee was present to discuss this application.  He is hoping to establish a pizza restaurant at the property located at 465 Buckland Road, with the ability to offer beer and wine for sale. The boundary location of the property is within 500 feet a church and a daycare center. Other restaurants in the area include: Calamari
No one from the public spoke in favor or opposition to this appeal.

The Board questioned the hours of the operation. Mr. Squillante indicated that they planned to be open Monday through Friday until 10PM and possibly later on Saturday (depending on the business).

With no further questions, the public participation portion of this appeal was closed.

DELIBERATIVE SESSION

ITEM:   Appl. #2505-01 - Roy and Carol Ingalls, 194 Carriage Drive, A-30 zone

Motion to:      Approve appl. #2505-01
Was made by Commissioner Warren
Seconded by Commissioner Carino
The motion:  carried
The vote was as follows:  unanimous

Hardship:  There is no plan any longer for the construction of a roadway in the future, so it was felt that the proposed addition would not impact the intent of the zoning.

ITEM:  Appl. #2506-01 - Clifford and Pamela McClellan, 85 Foster Road, RR zone

Motion to:      Deny appl. #2506-01 - Clifford and Pamela McClellan, a variance to section
        4.1.4 e, to allow a 6' x 8' structure housing goats closer than 100' from lot lines, at 85 Foster Road, RR zone.

Was made by Commissioner Carino
Seconded by Commissioner Nadel
The motion:  carried
The vote was as follows:        unanimous

Reason for Denial:  This request would more appropriately be address through a temporary and conditional permit from the South Windsor Planning & Zoning Commission.

ITEM:  Appl. #2507-01 - Ernest and Laura Rempel, 15 Niederwerfer Road, RR zone

Motion to:      Approve appl. #2507-01 - Ernest and Laura Rempel, a 9' variance to section 10.2 to allow a garage to be 11' from the side property line at 15 Niederwerfer Road, RR zone.

Was made by Commissioner Carino
Seconded by Commissioner Murray
The motion:  carried
The vote was as follows:  4 to 1 with Commissioners Anthony, Carino, Warren and Murray voting in favor of approval and Commissioner Nadel voting against approval.

Hardship:  The slope of the land in the rear yard, limits the useable area of the backyard.

ITEM:  Appl. #2508-01 - Mr. Jeffrey Squillante, 465 Buckland Road, RC zone

Motion to:      Approve appl. #2508-01 - Mr. Jeffrey Squillante, P.O. Box 2211, Hartford, CT., a variance to section 3.12.1.a to allow a restaurant to serve wine and beer within 500
Was made by Commissioner Carino
Seconded by Commissioner Murray
The motion:  carried
The vote was as follows:  unanimous

Hardship:  This approval will give the restaurant owner more control over the consumption of liquor on the property.

ITEM:  Adjournment

Motion to:  adjourn the meeting at 9:20 p.m.

Was made by Commissioner Murray
The motion:  carried
The vote was as follows


________________________________
Deborah W. Reid, Recording Secretary
Zoning Board of Appeals