Town of South Windsor, CT Agendas & Minutes Archive

ZBA 10-3-2002


	MEMBERS PRESENT: Chairperson Robert Warren, Stephen Wagner and Teri Dickey-Gaignat ALTERNATES PRESENT: Paul Oates sitting for Marjorie Anthony Sandy Jeski (arrived at 8:15 p.m.) Chairperson Warren called the meeting to order at 7:40 p.m. The Recording Secretary read the legal notice as published in the newspaper. Appl. #2555-02 Mr. Richard Marouski came before the Commission. He explained that the existing house is being taken by the State and there will be a new dwelling constructed on the property. Mr. Marouski would like to connect the existing garage with the new house by constructing a breezeway. This will enable Mrs. Marouski, who is 90 years old, to enter and exist the house to the garage without being exposed to the outdoor environment. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board, Mr. Marouski explained that the State would be demolishing the existing house, but not the garage. The garage already has a variance for its location, but there is no way to connect to the back of the garage because it is 3 With no further questions, the public participation portion of this appeal closed at 7:42 p.m. Appl. #2556-02 Mr. Peter DeMallie came before the Board to represent this application. He explained that the subject property is just short of the 40,000-sq. ft. minimum lot size requirement. Thirty one years ago, the Probate Court ordered the creation of this lot. The lot is suitable for building purposes, but was never brought before the Planning & Zoning Commission for subdivision approval. After review, the Director of Planning, Marcia Banach found that the requirement of 40,000 sq. ft. lot area was the same requirement in 1971 as they are today. Mr. DeMallie stated the following hardship or exceptional difficulty that would enable the Board to act favorably on this application: The lot was created by order of the Probate Court 31 years ago. The lot is nearly 99% of the required lot size. The Assessor The lot will readily support a house. The lot will stay in character with the neighboring lots. There is no available land to purchase. The present owner did not cause this situation. The lot, other than what is being requested, fully conforms to zoning. Mr. DeMallie explained that there is no apparent remedy available to the owner other than seeking a variance and without a variance, this lot could not be a building lot. The circumstances on this property are unique to this parcel and would not be setting any precedent. Chairperson Warren read a letter in favor of this application into the record (Attachment A). Mrs. Kathleen Faragosa of 19 Long Hill Road came before the Board to voice her concerns with this application. She explained that the lot is not an approved size. There is a lot of traffic on Burnham Street and if the trees are cut down on this lot, the privacy of the area presently will be destroyed and the traffic will be heard. Mrs. Faragosa also expressed her concern about the marketability of her property if this is an approved building lot and the trees are cut down. Mr. DeMallie suggested that a natural screening be kept up as an approval condition. This would give the neighbor privacy and screening from Burnham Street. With no further questions, the public participation portion of this appeal closed at 8:08 p.m. DELIBERATIVE SESSION ITEM: Appl. #2555-02 Motion to: Approve appl. #2555-02 Was made by Commissioner Wagner Seconded by Commissioner Oates The motion: carried The vote was as follows: unanimous Hardship: The existing garage is outside of the 50 The State of Connecticut took possession of the current house, which made it necessary for the present owner to construct a new house on the property. ITEM: Appl. #2556-02 Commissioner Wagner felt that the granting of this variance would not substantially hurt the neighbor. After a lengthy discussion, it was the general consensus of the Commission to leave vegetative screening on the northerly property line. This would give the adjacent property owner the screening for privacy and noise control. Motion to: Approve with conditions appl. #2556-02 Was made by Commissioner Dickey-Gaignat Seconded by Commissioner Oates The motion: carried The vote was as follows: unanimous Hardship: This situation is beyond the control of the present owner. The odd shape of the property creates difficulty to construct a building without acquiring more property or having a variance granted. Conditions: Approval is subject to subdivision approval by the Planning and Zoning Commission. A vegetative buffer to remain on the north side of the property. ITEM: Adjournment Motion to: adjourn the meeting at 8:30 p.m. Was made by Commissioner Wagner The motion: carried The vote was as follows ________________________________ Deborah W. Reid, Recording Secretary Zoning Board of Appeals