Ms. Marcia Banach came before the Board to represent this application. She explained that the zoning regulations currently require that a single family house have a garage. The lot is ¼ acre, which was subdivided in 1948. The house was built in 1953 located all the way to the inside of the lot, right up to the 10
Locate the garage behind the house which would compromise the utilities, propane gas and oil tank;
Locate the garage in the far corner of the lot away from both streets. This location would preclude accessing a garage with a driveway because you can not get by the house because there is only 10' on that side of the house.
Any other options would require a variance and would not be a practical location for a garage. The front and side of the garage would have double hung windows in order to look less like a garage. Ms. Banach explained the hardships as follows:
A very small corner lot.
The initial house placement on the lot precludes its location on the other side of the lot, if the garage is detached, the zoning regulations require it to be the quarter of the lot farthest away from both streets. This option would create an unpractical situation because the garage would be too far away from the house.
A conforming garage would need to be extended to the center of the lot destroying the already small rear yard. This would also complicate the existing utilities on this lot.
Mr. Peter DeMallie came before the Board to speak in favor of this application. He felt the only area to properly place a garage on this property is where the applicant has proposed it. This proposal also brings the property into conformity to the zoning regulations requiring a garage that this Town has enforced in the past.
No one from the public spoke in opposition to this appeal.
Answering questions from the Board, Ms. Banach explained that the existing driveway goes to the rear of the house. There will be a slight addition to the pavement and a curve of the pavement into the garage. There will be enough pavement in the rear of the house to turn around before exiting. The garage will be accessed to the house through the rear.
With no further questions, the public participation portion of this appeal closed at 8:12 p.m.
Appl. #2523-02 - Kathleen Charbonneau, request for an 11' variance to section 10.2 to allow a proposed two car garage and an addition 9' from the property line, (20' required) AT 871 Avery Street, RR zone.
Mr. Rich Prunier came before the Board to represent this application in Ms. Charbonneaus absense. He explained that the house presently is a two-bedroom cape without a garage. Ms. Charbonneau would like to construct an addition, which would include a garage and two bedrooms.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Prunier explained that Ms. Charbonneau is proposing a 28' wide two-car garage. Two bedrooms and a dining room are proposed to be constructed above the garage. The garage will be at the basement level and the proposed two-bedrooms and dining room will be level with the first story of the house. A retaining wall will be constructed at the end of the house where the addition is being proposed.
With no further questions, the public participation portion of this appeal closed at 8:20 p.m.
Appl. #2524-02 - RSK-Kellco, Inc., c/o Scott Kelley, request for a variance to section 10.2 and section I, Definitions, to allow a lot with less than the required lot frontage on the street right-of-way (90' required), at the end of Ordway Drive, A-20 zone.
Mr. Peter DeMallie from Design Professionals came before the Board to represent this application. Mr. DeMallie explained that 57 Ordway Drive, which the Kelley family owns, is a lot that was never made legitimate from a ZBA approval that goes back to 1968. The Kelley family corrected this problem, added acreage to the south and received subdivision approval on this lot. There is now a parcel, which consists of one acre at the end of Ordway Drive. The Kelley family would like to create this as a legal lot. They are requesting 0' frontage on the property line because the 90' of frontage required is not available. To the right of their property is lot #7, which is not owned by the Kelley family, and to the left is 57 Ordway Drive. The access will be through an easement to this
property. The hardship on this property is as follows: 1) the lot is twice as large as normally required on the A-20 zone; 2) the lot exceeds the frontage requirement a the building line; 3) there is no frontage available which can be used for this property.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. DeMallie explained that the larger parcel owned by the Kelley's will never be subdivided or have more houses than the existing house on it. The two lots at the end of the cul-de-sac could either have a shared or separate driveway. The lot looks like an interior lot, but you can not have an interior lot in this zone. The lot does not have the frontage on the street.
With no further questions, the public participation portion of this appeal closed at 8:50 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2522-02 - John G. & Nancy W. Bassilakis, 220 Laurel Street, A-20 zone
Motion to: Keep the public hearing open in order to re-advertisement the legal notice in the newspaper.
Was made by Commissioner Warren
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2520-02 - Eric R. & Joan M. Saucier, 63 Robert Drive, A-20 zone
Motion to: Approve appl. #2520-02 - Eric R. & Joan M. Saucier, a 3' variance to section 10.2 to allow a proposed carport 7' from the property line at 63 Robert Drive, A-20 zone.
Was made by Commissioner Berstene
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Hardship: The placement of the house and the narrowness of the lot makes it impossible to place the car port in any other area on the property.
ITEM: Appl. #2521-02 - Marcia A. Banach, 7 Ravine Road, A-20 zone
Commission members briefly discussed that they felt this applicant does not have any practical alternatives and also felt the location selected is a reasonable request. They also commented on the completeness of the application.
Motion to: Approve appl. #2521-02 - Marcia A. Banach, a 10' variance to section 10.2 to allow a proposed garage 5' from the property line at 7 Ravine Road, A-20 zone.
Was made by Commissioner Warren
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Hardship:
The required frontage placed on corner lots, makes it impossible to construct a garage that would be in conformance anywhere on the property.
No other practical alternatives are available.
The proposal of a garage will make the lot more conforming to the regulations.
ITEM: Appl. #2523-02 - Kathleen Charbonneau, 871 Avery Street, RR zone
Commissioner Warren expressed that he would have liked to see plans of what the house would have looked like after construction is complete.
Commissioner Berstene stated that the applicant is very limited in the ability to construct an addition on this property.
Motion to: Approve appl. #2523-02 - Kathleen Charbonneau, an 11' variance to section 10.l2 to allow a proposed two car garage and an addition 9' from the property line at 871 Avery Street, RR zone.
Was made by Commissioner Berstene
Seconded by Commissioner Warren
The motion: carried
The vote was as follows: unanimous
Hardship:
The narrowness of the lot makes it impossible to construct and addition in any other location on the property.
The proposal of a garage will make the lot more conforming to the regulations.
Michele Lipe, Assistant Director of Planning told Commission members that if there is any information the Commission may want from an applicant, the public hearing could be kept open and additional information can be requested to be submitted.
ITEM: Appl. #2524-02 - RSK-Kellco, Inc., c/o Scott Kelley, at the end of Ordway Drive, A-20 zone.
Commission members discussed at length the difference between an interior lot and the lot in question being in an A-20 zone in order to get a better understanding of the differences.
Motion to: Approve appl. #2524-02 - RSK-Kellco, Inc., c/o Scott Kelley, a variance to section 10.2 and section I, Definitions, to allow a lot with less than the required lot frontage on the street right-of-way at the end of Ordway Drive, A-20 zone.
Was made by Commissioner Warren
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Hardship:
No land available except deed right of way for utilities and driveway.
Multiple hardships of lack of right of way with the existence of acreage twice than what is required in this zone.
The circumstances of the previous owners not following through on the variance filing of this property in 1968.
ITEM: Minutes
Motion to: approve the minutes of December 6, 2001
Was made by Commissioner Warren
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Election of Officers
Motion to: Elect Robert Warren as Chairperson of the Zoning Board of Appeals
Was made by Commissioner Anthony
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Motion to: Elect Marjorie Anthony as Vice Chairperson of the Zoning Board of Appeals
Was made by Commissioner Warren
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Motion to: Elect Thomas Berstene as Secretary of the Zoning Board of Appeals
Was made by Commissioner Warren
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
ITEM: Correspondence
The Connecticut Federation of Planning and Zoning Agencies will be holding their 54th annual meeting on Thursday, March 21, 2002 at the Aqua Turf Country Club in Southington, CT. The event will begin at 5:00 p.m.
ITEM: Adjournment
Motion to: adjourn the meeting at 9:30 p.m.
Was made by Commissioner Warren
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows
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Deborah W. Reid, Recording Secretary
Zoning Board of Appeals
