MEMBERS PRESENT: Chairperson Robert Warren, Marjorie Anthony, Thomas Berstene, Teri Dickey-Gaignat and Stephen Wagner
ALTERNATES PRESENT: Sandi Jeski and Tim Moriarty
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. #2573-03 – Alan & Linda Hunter, a request for a 2’ side yard variance to section 10.2 to allow an addition and deck 8’ from the property line at 24 Greenfield Drive, A-20 zone.
Mr. Alan Hunter came before the Board to represent this application. He explained that he is requesting a 2’ variance on the side boundary line. He is proposing to construct a 16’ x 24’ addition onto the house. The addition cannot be constructed to the rear of the house because the septic field is there. If the addition were 14’ x 24’, rather than 16’ x 24’, it would make the room too narrow. The neighbors have no problem with this proposal.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Hunter explained that the leach field extends 17’ away from the foundation. If the addition were constructed to the rear of the house, the foundation would be 2’ away from the leach field, which is unacceptable to health codes. The addition can not go in the other direction because there is a 1,000-gallon tank. Mr. Hunter stated that every possibility has been investigated, but there is no possibility to construct an addition to the rear of the house.
With no further questions, the public participation portion of this appeal closed at 7:45 p.m.
Appl. #2574-03 – David & Ronna Goslin, P.O. Box 412, East Windsor Hill, request for a variance to section 3.10.3 to allow an addition to a non-conforming structure; and two variances to section 10.2: 1) a 50’ rear yard variance to allow an addition 0’ from the rear property line (50’ required) and 2) a 4’ side yard variance to allow same addition 16’ from the side property line (20’ required) at 1906 Main Street, A-40 zone.
Mr. David Goslin came before the Board to represent this application. He explained that he would like to request a variance to construct an addition to the rear of the house. Currently, the house is existing non-conforming. The house was built in 1760 and an addition was constructed in 1983. Mr. Goslin stated that the addition would accommodate access to the house, where a proposed driveway will be installed. The addition will also consist of an expansion of the existing kitchen. The Historic Commission has already given approval for this proposal.
Mr. Peter DeMallie came before the Board and spoke in favor of this application.
No one from the public spoke in opposition to this appeal.
Answering questions from the Board, Mr. Goslin explained that there is not enough room to construct a garage on the property. The property pre-exists all zoning. The design of the addition is no closer to the rear line then what the existing house currently is.
With no further questions, the public participation portion of this appeal closed at 7:50 p.m.
3. Appl. #2575-03 – Nicholas C. & JoAnn J. Sivo, a request for a 6’ side yard variance to section 10.2 to allow a proposed garage 9’ from the property line (15’ required) at 165 Avery Street, A-30 zone.
Mr. Nicholas Sivo came before the Board to represent this application. He explained he would like to construct a two-car garage and a breezeway 9’ from the property line. The addition can not be placed to the rear of the house because the house is tri-level with the lower level in the front and the second level in the rear. The rear yard is almost 3’ higher than the front yard, so excavating would be necessary. Excavating this close to the house could expose the foundation to possible frost damage. There was consideration to other locations on the property, but areas would result in other difficulties.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Sivo explained that he has owned the house since 1965. This application had been heard previously, but it had objections from the neighbor and was denied. The neighbor no longer lives there and Mr. Sivo has spoken with existing neighbors. There have been no objections to this addition.
With no further questions, the public participation portion of this appeal closed at 7:55 p.m.
Appl. #2576-03 –Fazlay Rabbi, request for a variance to section 17.8.8(a) to allow a second building sign 1’ x 7’ 8” and three canopy signs (one building sign allowed) for the Exxon Quick Stop at 180 Sullivan Avenue, I zone.
Mr. Mark Smith came before the Board on behalf of Fazlay Rabbi. He explained that Mr. Rabbi operates the Quick Stop on Sullivan Avenue and would like to request to be allowed to have five signs on the premises. Two of the signs would be on the building and three would be canopy signs. The property is pie shaped and the signs would give pedestrians from all locations visibility to see what is at this location.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Smith stated that he felt a condition of all other signs on the property to be taken down if this application is approved would be reasonable. Mr. Smith stated the hardship on the property as being the shape of the lot and the speed of motorists on Sullivan Avenue necessitating multiple signs on the canopy.
Commissioner Anthony asked if the applicant would have any objection to having two canopy signs and two building signs? Mr. Smith stated he felt that Mr. Rabbi would not have any objections to having two canopy signs instead of three.
With no further questions, the public participation portion of this appeal closed at 8:12 p.m.
Appl. #2577-03 – Roger M. Boisseau, 283 Long Hill Road, request for a 30’ rear yard variance to section 10.2 to allow a proposed house 20’ from the rear property line (50’ required) at 293 Long Hill Road, RR zone.
Mr. Roger Boisseau came before the Board to represent this application. He explained that his parents had bought the property in 1954. In 1957, the property was split and 2.2 acres were turned over to the Town to accommodate a baseball field at Pleasant Valley School. In 1966, there was a variance granted in order for an L-shaped house to be built. Unfortunately the house was never built, but the variance does still exist with the property. Mr. Boisseau stated that he moved to the house next door and had rented his parent’s house. The regulations have changed since 1966 and therefore there is a need to come back for approval of the new setbacks.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Boisseau explained that the house was going to be setback closer to the rear yard then what would be possible with today’s regulated setbacks. The property was never divided, so it is still considered one lot, but did receive a variance that would allow the frontage to be only 95.01.
Commissioner Jeski asked if the house could be moved forward? Mr. Boisseau explained that there is a necessity for the house to be where proposed because the parking spaces are required. The parking area needs to stay low so the cellar can be accessed.
Michele Lipe, Assistant Director of Planning explained that if this application were granted, Mr. Boisseau would have to show an area for reserve septic for the new house and existing house. Chairman Warren added that it would also need subdivision approval by the Planning & Zoning Commission.
With no further questions, the public participation portion of this appeal closed at 8:26 p.m.
Appl. #2578-03 – Saczawa Partnership, c/o Ellen S. Andrulat, 1370 Main Street, request for five variances to section 10.2: 1) minimum parcel area for parcels 1 and 2: 18,982 square feet proposed for parcel 1 and 17,585 square feet proposed for parcel 2 (five acres required); 2) minimum lot frontage: parcel 1 – 104.33 feet and parcel 2 – 95.53 feet (150 feet required); 3) maximum impervious coverage: parcel 2 – 82.1% (65% allowed); 4) minimum front yard: parcel 1 – 25.1 feet provided and parcel 2 – 30.3 feet provided (50 feet required); and 5) minimum side yard: parcel 1 – 14.6 feet proposed and parcel 2 – 10.4 (20 feet required), for property at 253 & 255 Chapel Road, I-291 Corridor Development
zone.
Chairperson Warren stated that he would like a motion from the Board to postpone appl. #2578-03 – Saczawa Partnership, c/o Ellen S. Andrulat to July 10, 2003.
Motion to: postpone appl. #2578-03 – Saczawa Partnership, c/o Ellen S. Andrulat to July 10, 2003.
Was made by Commissioner Anthony
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Appl. #2579-03 – Two J’s Realty, LLC, c/o Jack Maloney, request for a 21.3% variance to section 10.2 to allow impervious coverage of 86.3% (65% allowed) at 681 John Fitch Boulevard, GC zone.
Mr. Peter DeMallie from Design Professionals came before the Board to represent this application. Mr. DeMallie explained that his client owns two multi-occupant industrial buildings at 681 John Fitch Boulevard. One of the buildings can be seen from the street, but the other building is in the rear and can not be seen. The rear building has a total of 24,000 square feet, but has rented out only12,000 square feet. The Real Estate broker has recommended that these buildings be sold. The lot has been divided in such a way that the only necessary variance would be on lot #1 for impervious coverage.
Mr. DeMallie reviewed the comments he felt are important in order for the Commission to make their decision on this application:
Everything conforms to zoning except impervious coverage.
There will be no construction activity necessary.
Impervious coverage will not change physically.
There is no visible change to abutting property owners or to the general public.
This will greatly enhance the marketing potential of the rear building.
There will be a significant buffer.
There are no opportunities to reduce the amount of impervious coverage.
Parking is necessary.
No one from the public spoke in favor or opposition to this appeal.
After being questioned by Commissioner Wagner, Mr. DeMallie stated that his client would be willing to have a condition on this appeal stating “no additional impervious coverage in addition to what is shown on the plans submitted with this application is allowed on the site.”
Answering questions from the Board, Mr. DeMallie explained that the conservation easement proposed would be 160’ x 242’ along the rear of the property.
With no further questions, the public participation portion of this appeal closed at 8:45 p.m.
Appl. #2580-03 – Jacqueline Doyle, request for a 9’ side yard variance to section 10.2 to allow an above ground pool 11’ from the property line. (20’ required) at 59 Troy Road, RR zone.
Mr. David Doyle came before the Board to represent this application. He explained that he is requesting an above ground pool to be placed next to his garage. The rear yard can not be used because the septic system is back there.
No one from the public spoke in favor or opposition to this appeal.
With no further questions, the public participation portion of this appeal closed at 8:50 p.m.
DELIBERATIVE SESSION
ITEM: Appl. #2571-03 – Jerry McGuire – 24 Jessica Drive, A-30 Open Space zone
Michele Lipe, Assistant Director of Planning reviewed comments with the Board that the Town Attorney asked her to make:
The public hearing is closed, so no other correspondence should be taken.
There are four votes necessary to overturn the Zoning Enforcement Officers decision.
The Board is allowed 65 days to act on this appeal.
Motion to: postpone the decision on this application until the July 3, 2003 meeting.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
ITEM: Appl. #2579-03 – Two J’s Realty, LLC, c/o Jack Maloney, 681 John Fitch Boulevard, GC zone
Commission members discussed the different conditions that they felt should apply to this application.
Motion to: Approve with conditions app. #2579-03 – Two J’s Realty, LLC, c/o Jack Maloney, a 21.3% variance to section 10.2 to allow impervious coverage of 86.3% at 681 John Fitch Boulevard, GC zone.
Was made by Commissioner Wagner
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Hardship:
The location of the unpaved section to the rear of the lot creates the inability to subdivide the lot rationally without this variance.
Condition:
No additional impervious coverage in addition to what is shown on the plans submitted with this application is allowed on the site.
Approval is contingent upon subdivision approval by the Planning & Zoning Commission.
ITEM: Appl. #2574-03 – David & Ronna Goslin, 1906 Main Street, A-40 zone
Motion to: Approve appl. #2574-03 – David & Ronna Goslin, P.O. Box 412, East Windsor Hill, a variance to section 3.10.3 to allow an addition to a non-conforming structure; and two variances to section 10.2: 1) a 50’ rear yard variance to allow an addition 0’ from the rear property line and 2) a 4’ side yard variance to allow same addition 16’ from the side property line at 1906 Main Street, A-40 zone.
Was made by Commissioner Anthony
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Hardship
The property pre-dates the zoning regulations.
ITEM: Appl. #2573-03 – Alan & Linda Hunter, 24 Greenfield Drive, A-20 zone
It was noted that the neighbors have no objections to this appeal.
Motion to: Approve appl. #2573-03 – Alan & Linda Hunter, a 2’ side yard variance to section 10.2 to allow an addition and deck 8’ from the property line at 24 Greenfield Drive, A-20 zone.
Was made by Commissioner Berstene
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Hardship
Placement of the house on the property makes it impossible to construct an addition anywhere on the lot.
Placement of the septic system creates difficulty constructing an addition without the requirement of a variance.
ITEM: Appl. #2575-03 – Nicholas C. & JoAnn J. Sivo, 165 Avery Street, A-30 zone.
Chairperson Warren stated that last time this request was before the Board, a neighbor had many objections to this request. Since she no longer lives in the area and there are no other neighbors in opposition, the Board felt the request should be approved with conditions.
Motion to: Approve with conditions appl. #2575-03 – Nicholas C. & JoAnn J,. Sivo, a 6’ side yard variance to section 10.2 to allow a proposed garage 9’ from the property line at 165 Avery Street, A-30 zone.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
Hardship
Placement of the house on the property creates difficulty constructing an addition without the requirement of a variance.
The need for an additional garage.
The breezeway allows light into the house.
The grade of the existing lot slopes in such a way that it would be impossible to construct an addition in this area.
Condition
A buffer is to be erected on the northerly side of the property.
ITEM: Appl. #2576-03 – Fazlay Rabbi, 180 Sullivan Avenue, I zone.
The Board discussed the necessity for the signs, but felt one sign could be eliminated.
Motion to: approve appl. #2576-03 – Fazlay Rabbi, a variance to section 17.8.8(a) to allow a second building sign 1’ x 7’ 8” and two canopy signs for the Exxon Quick Stop at 180 Sullivan Avenue, I zone.
Was made by Commissioner Berstene
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Hardship
The shape of the lot creates difficulty for the traveling public to see the existing sign from each traveling location.
The flow of the traffic on each adjacent street makes it difficult to read the existing signs.
Conditions:
All other unauthorized signs to be removed from the property.
Placement of the canopy signs should be as follows: one is to be placed on the east side of Sullivan Avenue and the second is to be placed on the east side of Rye Street.
The building sign to be placed on the building as shown on the plans.
The total sum of all building signs shall not exceed 57 square feet.
ITEM: Appl. #2577-03 - Roger M. Boisseau, 293 Long Hill Road, RR zone.
The Board members discussed the parking situation at this location. The substantial buffer behind the proposed home was noted.
Motion to: Approve with conditions appl. #2577-03 – Roger M. Boisseau, 283 Long Hill Road, a 30’ rear yard variance to section 10.2 to allow a proposed house 20’ from the rear property line at 293 Long Hill Road, RR zone.
Was made by Commissioner Berstene
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Hardships
The size and shape of the lot creates difficulty in constructing a structure in a conforming area.
The placement of the septic and well creates difficulty in constructing a structure in a conforming location.
Condition
Approval is contingent on subdivision approval by the Planning & Zoning Commission.
ITEM: Appl. #2580-03 – Jacqueline Doyle, 59 Troy Road, RR zone.
Motion to: Approve appl. #2580-03 – Jacqueline Doyle, a 9’ side yard variance to section 10.2 to allow an above ground pool 11’ from the property line at 59 Troy Road, RR zone.
Was made by Commissioner Anthony
Seconded by Commissioner Wagner
The motion: carried
The vote was as follows: unanimous
Hardship
The shape of the lot makes it impossible to erect a pool in any other location of the property without the necessity of a variance.
ITEM: Minutes
Motion to: approve the May 1, 2003 minutes.
Was made by Commissioner Anthony
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 10:00 p.m.
Was made by Commissioner Wagner
The motion: carried
The vote was as follows
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Deborah W. Reid, Recording Secretary
Zoning Board of Appeals
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