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ZBA 10-2-2003

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

ALTERNATES PRESENT:     Tim Moriarty sitting for Thomas Berstene
        Sandy Jeski

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. #2589-03 – Precision Motor Coach, LLC, request for a variance to section 17.8.8 to allow an additional 12 square feet to an existing second free standing sign (approved by ZBA variance in 1993) at 1281 John Fitch Boulevard, I zone.

Mr. Alan Desrosiers from Precision Motor Coach came before the Board to represent this application.  He explained that he would like to request a variance to allow him to attach a 12 square foot sign to an existing sign.  The building is set back approximately 150 feet from the road.  The business has been approved for the Connecticut Emission Testing Program and in order to have the public locate the building easier, the sign would be necessary.

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

Answering questions from the Board, Mr. Desrosiers explained that there is a building sign, but you can not see it from the road.  There is an existing sign by the road that says Myers Snowplows, the proposed sign would be attached to the top of this sign.  The proposed signage will help customers better locate the business.

With no further questions, the public participation portion of this appeal closed at 7:40 p.m.

Appl. #2590-03 – Paul Oates, request for a 20’ variance to section 10.2 to allow a proposed structure 0’ from the side property line at 935 Main Street, A-40 zone.

Mrs. Tracy Oates came before the Board to represent this application.  She explained that this request is to allow a garage along the south property line.  This property was subdivided and now contains parcel A & B.  The proposed garage would be 25’ from the neighboring property line.

The hardship on the property is that there is a flood zone that does not allow the garage to be placed next to the house or to the north of the house.  If the garage were placed to the west, it would block access to the rear yard.

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


Answering questions from the Board, Mrs. Oates explained that there is no intention presently of building on parcel B.  The garage would be constructed on parcel A and there would be 25’ from the proposed garage to the neighboring property, which could be used to access parcel B.  The proposed garage would consist of four bays and a workshop.  The existing canopy that houses the tractors will be removed.

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

Appl. #2591-03 – Lori Hart, request for a 14’ variance to section 10.2 to allow a proposed garage 6’ from the side property line (20’ required) at 459 Foster Street, AA-30 zone.

Terry & Lori Hart came before the Commission to represent this application.  Mr. Hart explained that there is presently five vehicles in his yard at one time.  His mother is 80 years old and he would like to erect a garage in order to give her easier access from her vehicle into the house.  The proposed garage would be positioned in front of an existing carport.

A letter was submitted that stated the abutting property owner has no objections to this proposal (Attachment B).

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

Answering questions from the public, Mr. Hart explained that the existing carport would still be used to house a vehicle.  The vehicle would have to go through the garage in order to access the carport.  The proposed structure would be 30 to 35 feet from the neighbors property line.

Commissioner Anthony asked the applicant if there is enough room to place the proposed garage where the carport presently stands.  Mr. Hart explained that if that were done, the garage would infringe on the side property line because the further you go back on this parcel the more narrow the property becomes.

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

Deliberative Session

ITEM:   Appl. #2589-03 – Precision Motor Coach, LLC, 1281 John Fitch Boulevard, I zone

Chairperson Warren felt that the business was in need of a sign to identify their location.

Motion to:      approve appl. #2589-03 – Precision Motor Coach, LLC, a variance to section 17.8.8 to allow an additional 12 square feet to an existing second free standing sign (approved by ZBA variance in 1993) at 1281 John Fitch Boulevard, I zone.

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

Hardship

The location of the building creates the necessity for additional signage

ITEM:   Appl. #2590-03 – Paul Oates, 935 Main Street, A-40 zone

The Board discussed the fact that they did not feel there was enough room to place the proposed garage in any other location because of the flood zone.  The Board then noted that the driveway for parcel B provides a visual buffer to the neighbors if the existing tobacco barn were removed.

Motion to:      approve appl. #2590-03 – Paul Oates, a 20’ variance to section 10.2 to allow a proposed structure 0’ from the side property line at 935 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 proximity of the house to the flood zone limits the available space the garage can be located.

ITEM:   Appl. #2591-03 – Lori Hart, 459 Foster Street, AA-30 zone

Chairperson Warren felt this variance would enhance the aesthetics of this property.  

Commission members discussed the irregular shape of the lot and the width of the lot.  Both items make it impossible to construct a garage in a conforming location.

Motion to:      approve appl. #2591-03 – Lori Hart, a 14’ variance to section 10.2 to allow a proposed garage 6’ from the side property line (20’ required) at 459 Foster Street, AA-30 zone.

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


Hardship:

The shape and narrowness of the parcel makes it impossible to construct an addition in any other location that would be in conformance to the regulations.

ITEM:  Minutes

Motion to:      approve the September 4, 2003 minutes.

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

ITEM:  Other Business

Motion to:      accept the meeting schedule for 2004

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

ITEM:  Old Business

Michele Lipe, Assistant Director of Planning informed Board members that the Zoning Board of Appeals would still be the authority for signing off on Motor Vehicle Licensing.

ITEM:  Correspondence

Chairperson Warren discussed the letter that was submitted by Deborah Haynes of 879 Avery Street who felt she was not properly notified regarding a variance at 871 Avery Street (Attachment B).  

Michele Lipe, Assistant Director of Planning explained that this Board could require an applicant to notify abutting neighbors of variance requests.  This requirement could be written into the Zoning Board of Appeals by-laws.

Commissioner Anthony suggested that the Zoning Board of Appeals use larger signs for the applicant to erect regarding variance requests.

Ms. Deborah Haynes came before the Board and voiced her concerns regarding the variance that was granted.


Chairperson Warren stated that the Board has no authority now that the variance has been approved.  He suggested that a discussion be held at the November 6, 2003 meeting regarding notification of abutters and changing the size of the sign.   These items will be placed on the agenda and will go under Old Business.

ITEM:  Adjournment

Motion to:  adjourn the meeting at 8:45 p.m.

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


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