Town of South Windsor, CT Agendas & Minutes Archive

ZBA 9/5/2002


	MEMBERS PRESENT: Vice Chairperson Marjorie Anthony, Thomas Berstene, and Teri Dickey-Gaignat ALTERNATES PRESENT: Paul Oates sitting for Robert Warren Vice Chairperson Anthony called the meeting to order at 7:40 p.m. The Recording Secretary read the legal notice as published in the newspaper. Appl. #2551-02 - Stacey Leclerc, request for a 9' variance to section 10.2 to allow an existing shed 6' from the property line (15' required) at 125 Carriage Drive, A-30 zone. Mr. Donald Leclerc came before the Board to represent this application. He explained that he would like to keep an existing shed in its current location. The right hand side of the property gets extremely wet during the spring months, which creates difficulty even mowing this area. He can not move the shed to the back of the property due to the drainage ditch that exists. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board, Mr. Leclerc explained that the right hand side of the property could not support any type of structure. Where the shed is presently, there are trees surrounding it, so there is no way to shift the shed in any direction. The shed has a gravel foundation. The trench in the rear yard goes from one side of the yard to the other and is approximately 2 ½' deep. With no further questions, the public participation portion of this appeal closed at 8:00 p.m. Appl. #2552-02 - Thomas & Deborah Lines, request for two variances to section 10.2: 1) a 15' variance to allow an above ground pool 5' from the rear property line (20' required) and; 2) a 15' variance to allow an above ground pool 5' from the side property line (20' required) at 43 Wedgewood Lane, AA-30 zone. Vice Chairperson read a letter into the record from Mr. & Mrs. Krutul who are abutting property owners (Attachment A). Mr. Tom Lines came before the Board to represent this application. He explained that he is seeking a 15' variance from both the north and east side of the rear yard in order to place an above ground pool in that location. There is currently a playscape where the pool is proposed to be placed, which will be taken down. The pool will be blocked from all locations by vegetation, sheds and fencing. There are four existing sheds and a pump station, which would be the closest structures to this pool. The closest house is approximately 90' away from the pool. The hardship in order to justify the proposed location for the pool is as follows: 1. If the pool were placed any closer to the center of the yard, it would impact the play area. 2. There are drainage issues on this property. The yard was not graded properly to allow correct run off. Mr. Lines told Board members that he received two Civil Engineers opinions regarding this property. The first opinion was from March 28, 1988 (Attachment B) and the second is from September 3, 2002 (Attachment C). The majority of the runoff comes from the Krutul Mr. Lines contacted neighbors on Wedgewood Lane, Cambridge Road, Abbe Road and Miller Road. The only person that could not be reached lives on the corner of Miller Road and Abbe Road. Mr. Lines discussed the pool location with the neighbors. Mr. and Mrs. Krutul do not want the pool more than 10', at the closest point, to their property. No one from the public spoke in favor to this appeal. Attorney Hal Cummings, 1610 Ellington Road came before the Commission. He explained he was present on behalf of William and Linda Beaudreau who are owners of property at 7Abbe Road. Mr. & Mrs. Beaudreau are abutting property owners to 43 Wedgewood Lane. Placing a pool against the rear line will probably effect the Beaudreau's the most in the neighborhood. The primary concern is there is no reason to deviate from the existing side yard under these circumstances. The regulations are in place to allow for a certain amount of buffering between lots. There is nothing unique or different about this property that would invoke a hardship or exceptional difficulty. Attorney Cummings stated that his clients feel the minimum side yard and rear yard setforth in the regulations should be maintained. Vice Chairperson Anthony read the letter from Mr. & Mrs. Beaudreau into the record (Attachment D). Mr. Lines felt that the Boundreault Answering questions from the Board, Mr. Lines explained the pool is as far away from the Beaudreau's property as it possibly can be. The pool is proposed to be 25-30' in diameter. Commission Oates stated that requiring the pool 20' from the side and rear property lines would move the pool closer to the Beaudreaus property. Attorney Cummings explained that his clients concern is the encroachment to the rear yard which has been designed to maintain a certain amount of spacing and buffering between properties and a precedence being set in this situation. This pool could be easily located in a conforming location because there are no extraordinary hardships on this property. Mr. Lines responded that he acquired a 17' variance in order to place his shed where it is located. With no further questions, the public participation portion of this appeal closed at 8:40 p.m. 3. Appl. #2553-02 - Route 5 Motor Cars, Inc., P.O. Box 161, request for a State Hearing under 14-55 of the General Statutes and section 3.13 of the zoning regulations to allow a used car license and a general repairers license at 1429 John Fitch Boulevard, I zone. Vice Chairperson Anthony read the withdrawl letter into the record (Attachment E). 4. Appl. #2554-02 - Lucien M. & Dorothy A. Grillo, 89 Clearview Drive, request for a variance to section 5.9.5a to allow reduction of the minimum lot area of a non-conforming property at 108 Ellington Road, I-291 Corridor Development zone. Attorney Ralph Alexander came before the Board to represent this application. He explained that this application is requesting a variance to further reduce a non-conforming residential property. Mr. & Mrs. Grillo own the residential property as well as the abutting property, which includes a restaurant. Over the years, there have been changes, which required the owners to incorporate part of the residential property for parking for the restaurant, but was not done legally. The restaurant has now been purchased and as part of the agreement Mr. & Mrs. Grillo will convey the parking area to the restaurant property. This will eliminate Mr. & Mrs. Grillo from being taxed on this portion of land. This brings the house into further non-conformance but the parking area is necessary for the restaurant to keep in compliance with the site plan as originally approved in 1975. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board, Attorney Alexander explained that the Grillo's were attempting to sell the house separately from the restaurant but was going to sell the paved portion (parking area) with the restaurant. Any other use other than residential would have to come before the Board to get approved because of the many zoning constraints on the property. Commissioner Berstene stated that the Board, if this application is granted, would be taking a non-conforming situation, making it more non-confirming in order to keep the property of the restaurant conforming. With no further questions, the public participation portion of this appeal closed at 8:53 p.m. DELIBERATIVE SESSION ITEM: Appl. #2551-02 - Stacey Leclerc, 125 Carriage Drive, A-30 zone Commission members discussed all the obstacles the applicant faces on the property which prevent them from placing the shed in a conforming location. Motion to: Approve appl. #2551-02 - Stacey Leclerc a 9' variance to section 10.2 to allow an existing shed 6' from the property line (15' required) at 125 Carriage Drive, A-30 zone. Was made by Commissioner Berstene Seconded by Commissioner Dickey-Gaignat The motion: carried The vote was as follows: unanimous Hardship: Inability to place the shed in any other location on the property due to septic, marshy area, leeching field and trees. ITEM: Appl. #2552-02 - Thomas & Deborah Lines, 43 Wedgewood Lane, AA-30 zone Commissioner Oates stated that he is trying to understand the opposition of the Beaudreau's because if the applicant moved the pool in a conforming area, the pool would be closer to them. Commissioner Anthony felt that the placing of the pool needs to be carefully planned. The area proposed has the least impact to drainage, as submitted by the Civil Engineers. Motion to: Approve appl. #2552-02 - Thomas & Deborah Lines, for two variances to section 10.2: 1) a 10' variance to allow an above ground pool 10' from the rear property line (20' required) and; 2) a 15' variance to allow an above ground pool 5' from the side property line (20' required) at 43 Wedgewood Lane, AA-30 zone. Was made by Commissioner Oates Seconded by Commissioner Dickey-Gaignat The motion: carried The vote was as follows: unanimous Hardship: Water issues on the site, as documented by two professional engineers, prevent the pool from being placed in a conforming location. ITEM: Appl. #2554-02 - Lucien M. & Dorothy A. Grillo, 108 Ellington Road, I-291 Corridor Development zone. Commission members discussed how the zoning regulations have changed over the years creating more difficulty for this property. Motion to: Approve appl. #2554-02 - Lucien M. & Dorothy A. Grillo, 89 Clearview Drive, a variance to section 5.9.5a to allow reduction of the minimum lot area of a non-conforming property at 108 Ellington Road, I-291 Corridor Development zone. Was made by Commissioner Oates Seconded by Commissioner Berstene The motion: carried The vote was as follows: unanimous Hardship: Property pre-dates the zoning regulations. ITEM: Minutes Motion to: approved the minutes of July 11, 2002 Was made by Commissioner Berstene The motion: carried The vote was as follows: unanimous ITEM: Adjournment Motion to: adjourn the meeting at 9:35 p.m. Was made by Commissioner Berstene The motion: carried The vote was as follows ________________________________ Deborah W. Reid, Recording Secretary Zoning Board of Appeals