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ZBA 5-2-02

MEMBERS PRESENT:        Chairperson Robert Warren, Marjorie Anthony, Stephen Wagner and Teri Dickey-Gaignat

ALTERNATES PRESENT:     Sandy Jeski sitting for Thomas Berstene

Chairperson Warren called the meeting to order at 7:30 p.m.  The Recording Secretary read the legal notice as published in the newspaper.

Appl. #2538-02 - Christopher M. Rosa, request for an 8' variance to section 10.2 to
allow a proposed addition 12' from the side property line (20' required), at 775
Chapel Road, RR zone.

Mr. Christopher Rosa came before the Commission to represent this application.  He explained that he is applying for a variance in order to construct an addition on to his house.  His father-in-law is sick and will be coming to live at their house.  The existing living room will be turned into a bedroom.  Mr. Rosa explained he would like to construct an addition on the left side of the house.  On the right side of the house there is a well pump, so an addition could not be placed there.

A letter from Mr. Jin Liu of 785 Chapel Road was submitted into the record.  The letter spoke in favor to this appeal.

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

Answering questions from the Board, Mr. Rosa explained that this addition will be a two-story addition, but the second floor will be a walk in closet because the house was built in 1934 and has very little closet space.

With no further questions, the public participation portion of this appeal closed at 7:50 p.m.

Appl. #2539-02 - Paul & Kathy Bienkowski, request for a variance to section
3.10.3 to allow a proposed addition on a non-conforming structure; and a 33'
variance to section 10.2 to allow an addition 17' from the front property line (50'
required) at 2422 Ellington Road, A-30 zone.

Mrs. Kathy Bienkowski came before the Board to represent this application.  She explained that her house pre-dates zoning regulations and therefore is non-conforming.  They are requesting an addition to allow for a larger kitchen and to gain more living space.

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

Answering questions from the Board, Mrs. Bienkowski explained that her house is surrounded by three streets and Foster Street Extension had been moved closer to the house creating an even greater non-conforming lot.  They will not be going out closer to the road with this addition, it is the current building that is non-conforming so an addition can be constructed onto the house without a variance.

With no further questions, the public participation portion of this appeal closed at 7:55 p.m.

Appl. #2540-02 - William Scanlon, request for a 3' variance to section 10.2 to
allow a proposed garage addition 7' from the side property line (10' required) at
80 Diane Drive, A-20 zone.

Mr. William Scanlon came before the Commission to represent this application.  He explained that he has lived at this property for 38 years.  He needs extra space in order to store equipment.

A letter from Mr. Kenneth Bennett, 70 Diane Drive was submitted into the record.  The letter spoke in favor to this application.

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

Answering questions from the Commission, Mr. Scanlon explained that the current structure in the yard will be taken down if the garage is approved.  The garage can not be located on the other side of the house because a larger variance would be necessary.

With no further questions, the public participation portion of this appeal closed at 8:00 p.m.

Appl. #2541-02 - J. Stewart & Anne R. Johnston and Mary Lou Kupchunos, One
Christine Lane, request for an 11' variance to section 10.2 to allow a garage
addition 9' from the side property line (20' required) at 1025 Foster Street
Extension, RR zone.

Mr. Peter DeMallie from Design Professionals, Inc. came before the Board to represent this application.  He explained that his clients had recently purchased the house at 1025 Foster Street Extension and they are renovating it.  They would like to replace the one car garage with a new two-car garage.  The garage will be handicap accessible and will have an elevator lift.  There will need to be minor driveway widening in order for access to the second garage bay.  Other locations have been evaluated and it was found there are no other reasonable alternatives.  By constructing the addition on to this house there will be an improvement to property values in the surrounding neighborhood.  There is no development to the rear of this property.  To construct the garage, a 10.7
Three letters were submitted, all speaking in favor to this appeal.

Also submitted was a petition from all the abutting neighbors, all in favor of this application.

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

Answering questions from the Commission, Mr. DeMallie explained that they will try to retain the shrubs, but if it becomes impossible, something else will go up in that area.  The garage presently has a chimney on the inside of it, but will not be oversized.  The house is being renovated and will be occupied when it is complete.

With no further questions, the public participation portion of this appeal closed at 8:15 p.m.

Appl. #2542-02 - Michael R. & Susan R. Forcellina, request for a 13' variance to
section 10.2 to allow an addition 7' from the side property line (20' required) at
609 Foster Street, RR zone.

Mr. Peter DeMallie, Design Professionals, Inc. came before the Commission to represent this application.  He explained that the applicant would like to request a 13
Four letters were submitted, all are speaking in favor of this application

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

Mr. Robert Forcellina mentioned to the Commission that on the opposite side of the house there is a well in that area of the property.  Also there is a chimney in the garage.

Answering questions from the Commission, Mr. DeMallie explained that garage and addition would be 3
With no further questions, the public participation portion of this appeal closed at 8:30 p.m.

Appl. #2543-02 - Advanced Performance Glass, Inc., request for a variance to
section 10.2 to allow 88.9% impervious coverage (65% impervious coverage
allowed) at 26 Schweir Road, I zone.

Mr. Peter DeMallie from Design Professionals, Inc. came before the Commission to represent this application.  He explained that Advanced Performance Glass had purchased this property three years ago, with the intention to expand in the future.  While searching for an alternative, it was determined that an addition could not be constructed without a variance.  Mr. DeMallie told the Board members that his client is proposing to add a 5,000 square foot addition and to request a total of 88.9% impervious coverage (74% existing).

Six letters were submitted into the record all speaking in favor of this application.

No on from the public spoke in opposition to this appeal.

Answering questions from the Board, Mr. DeMallie explained that the addition will consist of 2 garage bays and a storage area.  There are 18 employees with 24 parking spaces.  Roof runoff presently drains to the rear of the building.  All storage outside of the building will be placed in the proposed storage area.

With no further questions, the public participation portion of this appeal closed at 8:53 p.m.

Appl. #2544-02 - KF Properties LLC, 175 Wheeler Road, request for a 3' variance
to section 4.1.12.g to allow a proposed deck 17' from an adjacent structure (20'
required) at Unit 204, Wheeler Estates SRD, Kebalo Lane, RR zone.

Mr. Walter Kebalo came before the Board to represent this application.  He explained that he is in the second phase of constructing housing designed for the senior population.  It was discovered that a 3
No one from the public spoke in favor or opposition to this appeal.

Answering questions from the Board, Mr. Kebalo explained that although this had happened previously in phase I, the rest of the units have been reviewed and are conforming.  The decks are all flush with the doorways in order to allow wheelchairs the capability to access to the outside.  All of the units will have a standard deck of 130 square feet.

With no further questions, the public participation portion of this appeals closed at 9:05 p.m.


DELIBERATIVE SESSION

ITEM:   Appl. #2541-02 - J. Stewart & Anne R. Johnston and Mary Lou Kupchunos, 1025 Foster Street Extension, RR zone

Commission members felt this to be a good design because there is not anything else you could do that would be in conformance to the regulations.

Motion to:      Approve appl. #2541-02 - J. Stewart & Anne R. Johnston and Mary Lou Kupchunos, One Christine Lane, an 11' variance to section 10.2 to allow a garage addition 9' from the side property line (20' required) at 1025 Foster Street Extension, RR zone.

Was made by Commissioner Wagner
Seconded by Commissioner Anthony
The motion:  carried
The vote was as follows:  unanimous

Hardship:

1.  The lot is presently smaller than the current zoning requirements, creating the necessity
        of  having a variance wherever an addition is proposed.

2.      Difficulty of accommodating a chimney inside of the garage, leaving less room then normal inside of the garage.

ITEM:   Appl. #2542-02 - Michael R. & Susan R. Forcellina, 609 Foster Street, RR zone

Motion to:      Approve with conditions appl. #2542-02 - Michael R. & Susan R. Forcellina, a 13' variance to section 10.2 to allow an addition 7' from the side property line at 609 Foster Street, RR zone.

Was made by Commissioner Anthony
Seconded by Commissioner Wagner
The motion:  carried
The vote was as follows:  unanimous

Hardship:       

1.      The frontage is deficient relative to the current zoning requirements for a RR zone.
2.      The house is placed diagonal on the lot.

Condition:  In-law apartment subject to approval by the Planning & Zoning Commission.

ITEM:   Appl. #2543-02 - Advanced Performance Glass, Inc., 26 Schweir Road, I zone

Chairperson Warren stated that it is the Town Engineers responsibility to make sure drainage on the property is adequate.

Motion to:      Approve with conditions appl. #2542-02 - Michael R. & Susan R. Forcellina, a 13' variance to section 10.2 to allow an addition 7' from the side property line at 609 Schweir Road, I zone.

Was made by Commissioner Anthony
Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  unanimous

Hardship:

1.      The storage of materials inside the building will improve the aesthetics of the lot and will also create a safer situation.
2.      Limited size of the property for the operation and supplies.

Conditions:  Subject to approval by the Planning & Zoning Commission.

ITEM:   Appl. #2544-02 - KF Properties LLC, Unit 204, Wheeler Estates SRD, Kebala Lane, A-20 zone

Commission members were concerned that the same variance request from the previous year should not have been required.

Motion to:      Approve appl. #2544-02 - KF Properties LLC, 175 Wheeler Road, a 3' variance to section 4.1.12.g to allow a proposed deck 17' from an adjacent structure at Unit 204, Wheeler Estates SRD, Kebala Lane, A-20 zone.

Was made by Commissioner Anthony
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

Hardship:

The deck is required to be handicap accessible.


ITEM:   Appl. #2538-02 - Christopher M. Rosa, 775 Chapel Road, RR zone

Motion to:      Approve appl. #2538-02 - Christopher M. Rosa, an 8' variance to section 10.2 to allow a proposed addition 12' from the side property line, at 775 Chapel Road, RR zone.

Was made by Commissioner Anthony
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:        unanimous

Hardship:  The house pre-dates zoning regulations.

Motion to:      Approve appl. #2539-02 - Paul & Kathy Bienkowski, a variance to section 3.10.3 to allow an addition on a non-conforming structure; and a 33' variance to section 10.2 to allow an addition 17' from the front property line at 2422 Ellington Road, A-30 zone.

Was made by Commissioner Wagner
Seconded by Commissioner Anthony
The motion:  carried
The vote was as follows:        unanimous

Hardships:

1.      The unusual shape of the lot creates difficulty constructing an addition that would be in conformance.
2.      Construction pre-dates zoning regulations.
3.      The road was repositioned which moved it closer to the house.

ITEM:  Appl. #2540-02 - William Scanlon, 80 Diane Drive, A-20 zone

Motion to:      Approve appl. #2540-02 - William Scanlon, a 3' variance to section 10.2 to allow a proposed garage addition 7' from the side property line at 80 Diane Drive, A-20 zone.

Was made by Commissioner Jeski
Seconded by Commissioner Anthony
The motion:  carried
The vote was as follows:  unanimous

Hardship:       There are no alternatives that are available for this property because the sidelines are too close.

ITEM:  Minutes

Motion to:  approved the minutes of April 4, 2002

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

ITEM:  Adjournment

Motion to:  adjourn the meeting at 9:40 p.m.

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


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