Town of South Windsor, CT Agendas & Minutes Archive

ZBA 6-6-02


	MEMBERS PRESENT: Chairperson Robert Warren, Thomas Berstene, Stephen Wagner and Teri Dickey-Gaignat ALTERNATES PRESENT: Sandy Jeski sitting for Marjorie Anthony Chairperson Warren called the meeting to order at 7:35 p.m. The Recording Secretary read the legal notice as published in the newspaper. Appl. #2545-02 - Kurt & Kathleen Petersen, request for a variance to section 3.10.3 to allow an addition to a non-conforming structure; and a 10' variance to section 10.2 to allow a structure 10' from the side property line (20' required) at 1401 Main Street, A-40 zone. Mr. Kurt Petersen came before the Board to represent this application. He explained he would like to request an L-shaped addition, which would connect the house to the existing garage. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board, Mr. Petersen explained that the existing fence is approximately 10' from the property line and will be taken down with the construction of the addition. The house is 252 years old and going through the records, Mr. Petersen noted that there were two previous variances that were granted on this property. One variance was for the expansion of a non-conforming structure and garage 10' from the property line. With no further questions, the public participation portion of this appeal closed at 7:45 p.m. Appl. #2546-02 - William A. Haun, request a 6' variance to section 10.2 to allow a shed 9' from the side property line (15' required) at 43 Stevens Road, A-30 zone. Mr. William Haun came before the Commission to represent this application. He explained that he is requesting a variance in order to keep his shed 9' 2" from the property line. When the shed was delivered, the truck could not place the shed where it was proposed because of the trees and topography of the land. The shed would need to be moved 10' forward or approximately 10' to the right if it were to be placed in a conforming area. In doing so, two trees will need to be removed. Mr. Haun said he spoke with his neighbor and he has no problem where the shed is located. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board, Mr. Haun explained that the shed could possibly be moved approximately 3' further away from the property line than proposed. Although that would allow the trees to remain, it would create a problem with the doors of the shed being fully opened. Mr. Haun also voiced his concern with the trees growing larger and closer to the shed. With no further questions, the public participation portion of this appeal closed at 7:50 p.m. Appl. #2547-02 - Nancy Yario, request for two variance to section 10.3: 1) a 35' variance to allow a shed 15 2' variance to allow a structure 8' from the side property line (10' required) at 20 Andreis Trail, A-30 Open Space zone. Mrs. Nancy Yario came before the Commission to represent this application. She explained that they are having difficulty with the design strength of their foundation. Around the entire house, excavating will need to be done, so there has been a decision made to add to the rear of the house. The hatchway will need to be removed and relocated, and with the limited space, a variance will be necessary. Mrs. Yario also told the Board that they would like to place a shed at the rear of the yard which is considered to be in the front yard setback because her property abuts two different streets. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board, Mrs. Yario explained that there were four core samples taken in different locations of the house and it was found that the house is under design strength, which will be fixed. The wall where the chimney is located has already been wrapped in concrete. The hatchway will be removed where the addition is proposed and will be relocated 8' from the property line. With no further questions, the public participation portion of this appeal closed at 7:55 p.m. Appl. #2548-02 - Kerin & Kerin, LLC, P.O. Box 330910, West Hartford, CT., request for five variances: 1) to section 13.3 to allow parking spaces smaller than required; 2) to section 10.4.1 to allow 0' buffer width (25'required); 3) to section 10.2 to allow impervious coverage of 74% (50% allowed); 4) a 27' variance to section 10.2 to allow a structure 23 and 5) to section 5.3.4.4 to allow off-street parking at 4.5 spaces per 1,000 square feet rather than 1 space per 150 square feet at 1530 Sullivan Avenue, RO zone. Chairperson Warren told Board Members that this application would not be heard because the signs were not posted for the necessary amount of days. DELIBERATIVE SESSION ITEM: Appl. #2545-02 - Kurt & Kathleen Petersen, 1401 Main Street, A-40 zone Commissioner Berstene voiced his concern explained that everything on the property has been squeezed into one area. Chairperson Warren said he does not have a problem with this request because it is not making the situation any worse. He also stated that because this area is a non-conforming lot, a variance would be necessary anywhere a variance is requested. Motion to: Approve appl. #2545-02 - Kurt & Kathleen Petersen, a variance to section 3.10.3 to allow an addition to a non-conforming structure; and a 10' variance to section 10.2 to allow a structure 10' from the side property line (20' required) at 1401 Main Street, A-40 zone. Was made by Commissioner Jeski Seconded by Commissioner Wagner The motion: carried The vote was as follows: unanimous Hardship: 1. The house pre-dates the zoning regulations. 2. There are no other alternatives available for the expansion of the house. ITEM: Appl. #2546-02 - William A. Haun, 43 Stevens Road, A-30 zone. Commissioner Berstene felt that the applicant has alternatives and therefore a hardship on the property does not exist. Motion to: Deny appl. #2546-02 - William A. Haun, a 6' variance to section 10.2 to allow a shed 9' from the side property line (15' required) at 43 Stevens Road, A-30 zone. Was made by Commissioner Berstene Seconded by Commissioner Dickey-Gaignat The motion: carried The vote was as follows: unanimous Reason for Denial: 1. No hardship was demonstrated on the property. 2. Commission members felt that the applicant has alternatives available to locate the shed in a conforming area. ITEM: Appl. #2547-02 - Nancy Yario, 20 Andreis Trail, A-30 Open Space zone Motion to: Approve appl. #2547-02 - Nancy Yario, a 2'variance to section 10.3 to allow a structure 8' from the side property line (10' required) at 20 Andreis Trail, A-30 Open Space zone. Was made by Commissioner Berstene Seconded by Commissioner Wagner The motion: carried The vote was as follows: unanimous Hardship: Placement of the house on the property and the shape of the lot makes it impossible to construct an addition in conformance to the regulations. Commissioner Wagner felt that the shed should be further away from the road than what is being proposed. Commission members discussed where they felt the best distance from the road would be. It was decided that a 15' variance would be adequate and would allow the shed to be 35' from the property line. Motion to: Approve with conditions appl. #2547-02 - a 15' variance to section 10.3 to allow a shed 35' from the front property line (50' required) at 20 Andreis Trail, A-30 Open Space zone. Hardship: The shape of the lot creates the necessity to request a variance. Conditions: Commission members felt a 35' variance would be too large and felt a 15' variance request was reasonable for this property. ITEM: Minutes Motion to: approved the minutes of May 2, 2002 Was made by Commissioner Jeski The motion: carried The vote was as follows: unanimous ITEM: Other Business There will be Sexual Harassment training on Thursday, June 13, 2002 at 7:00 p.m. in the Town Council Chambers at the South Windsor Town Hall. ITEM: Adjournment Motion to: adjourn the meeting at 8:40 p.m. Was made by Commissioner Dickey-Gaignat The motion: carried The vote was as follows ________________________________ Deborah W. Reid, Recording Secretary Zoning Board of Appeals