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ZBA 5-6-2004

MEMBERS PRESENT:        Chairperson Stephen Wagner, Thomas Berstene, Teri Dickey-Gaignat, and Joel Nadel

ALTERNATES PRESENT:     Tim Moriarty sitting for Sandi Jeski

STAFF PRESENT:   Michele Lipe, Assistant Director of Planning and Debbie Reid, Recording Secretary

The meeting was called to order at 7:36 p.m.  The Recording Secretary read the legal notice as published in the newspaper.

ITEM:  Regular Meeting

Motion to:  move to Executive Session at 7:05 p.m. to discuss potential litigation.

Was made by Commissioner Nadel
Seconded by Commissioner Berstene
The motion:  carried
The vote was as follows:  unanimous

Motion to:  move to recess from Executive Session at 7:32 p.m.

Was made by Commissioner Berstene
Seconded by Commissioner Nadel
The motion:  carried
The vote was as follows:  unanimous

ITEM:  New Business

Appl. #2614-04 – 651, LLC, d/b/a Strong Auto Care, 394 Graham Road, request for a State Hearing under section 14-55 of the General Statutes to allow a used car dealer license, (which includes a general repairers license), at 651 Sullivan Avenue, GC zone.

Mr. Richard Strong came before the Commission to represent this application.  He explained that he is applying for a used car dealership license, which includes a general repairer’s license.

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

Answering questions from the Board, Mr. Strong explained that he has a deposit on the property, but is waiting for environmental tests to be complete before the purchase is final.  Vehicles will be for sale on the property but the primary use of the property will be repairing of vehicles as well as bodywork.

The Commission discussed with the applicant the previous conditions that were placed on this location in 2000.  Mr. Strong was under the assumption that the rear of the property could contain vehicles for sale.  Commissioner Nadel read the condition as written, “no more than three vehicles available for sale at any time”.

Michele Lipe, Assistant Director of Planning came before the Board and stated that if Mr. Strong would like to sell vehicles in the rear of the property, he would need to return to Planning & Zoning Commission for site plan approval because this is a change from the previous occupants site plan approval.

Mr. Strong stated he would have no problems abiding by the remaining conditions placed with the previous approved.  Mr. Strong also informed the Board that the business would operate Monday through Friday from 7:30 am to 6:00 p.m.


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

Appl. #2615-04 – Stanley R. Plezia, request for a 6’ variance to section 10.2 to allow a proposed garage 4’ from the property line (10’ required), at 55 Elizabeth Street, A-20 zone.

Mr. Stanley Plezia came before the Commission to request a one-car garage addition which would be attached to his existing garage.  Mr. Plezia explained that he has recently had a knee replacement done and would benefit with the additional bay.  Presently he has three vehicles and only one existing garage bay.

A letter speaking in favor of this request was submitted into the record, (Attachment A).

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

Different areas of the property were reviewed with the applicant to determine if there was another area on the property where the garage would conform.  The applicant indicated there was significant landscaping throughout the yard.

With no further questions, the public participation portion of this appeal closed at 8:10 p.m.


Appl. #2616-04 – K. Chris & Debbie Denfeld, two variances:  1) to section 3.10.3a to allow expansion of a non-conforming structure; and 2) an 8’ variance to section 10.2 to allow a proposed front porch 42’ from the front property line (50’ required), at 643 Strong Road, RR zone.

Mrs. Debbie Denfeld came before the Commission.  She explained that the house is presently closer to the street line than allowed.  She is proposing to relocate the front door and construct a porch.  The house is 47 years old.

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

Answering questions from the Board, Mrs. Denfeld explained that there is no porch presently at this location.  The porch in the rear of the home is concrete.  Mrs. Denfeld had an illustration for the Commission to view of what the front of the house would look like after the porch is relocated.

With no further questions, the public participation portion of this appeal closed at 8:16 p.m.

Appl. #2617-04 – Paul & Kim Foote, a variance to section 10.2 to allow a third story addition to an existing house (two and a half stories allowed), at 77 Gail Lane, A-20 zone.

Paul & Kim Foote came before the Board to represent this application.  They explained that they would like to construct a second story onto their raised ranch.

Four neighbors wrote letters in support of this appeal, (Attachment B, C, D and E).

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

Answering questions from the Board, Mr. Foote explained that the house is presently 1300 square feet with a kitchen, living room, dining room, three bedrooms and 1-½ bathrooms.  The proposed addition will consist of bedrooms.  The existing dining room will become part of the kitchen, the existing living room will become the dining room, the two bedrooms in the front of the house will become a family room and the bedroom in the rear will become a study.  After construction is complete, the house will be 2600 square feet.  The house was built in 1982 and purchased by Mr. & Mrs. Foote in 1997.  An addition could not be constructed to the rear of this house because the area is too wet.

With no further questions, the public participation portion of this appeal closed at 8:40 p.m.


DELIBERATIVE SESSION

ITEM:   Appl. #2615-04 – Stanley R. Plezia, 55 Elizabeth Street, A-20 zone

Commission members raised the issue that placing the garage addition on either side of the house would require a variance.

Motion to:      Approve with conditions appl. #2615-04 – Stanley R. Plezia, a 6’ variance to section 10.2 to allow a proposed garage 4’ from the property line, for property located at 55 Elizabeth Street, A-20 zone.

Was made by Commissioner Dickey-Gaignat

Hardship:

Placement of the house on the property creates difficulty placing an additional garage on the property that would be in conformance to the regulations.
Although the houses in this subdivision had a choice of a two-car garage versus a family room when they were built, the present owner was not the original owner and therefore did not have a choice.  The applicant has a present need for a two-car garage.
There is an inability to construct a garage to the rear of the house due to existing vegetation on the property.

Conditions:     The garage should be built to the specifications and location as shown on the plot plan submitted with this variance request. The roofline in the front and rear should match the existing house.

Seconded by Commissioner Nadel
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Appl. #2617-04 – Paul & Kim Foote, 77 Gail Lane, A-20 zone

Commission members did not feel this would change the character of the neighborhood.

Motion to:      Approve with conditions appl. #2617-04 – Paul & Kim Foote, a variance to section 10.2 to allow a third story addition to an existing house, for property located at 77 Gail Lane, A-20 zone.


Was made by Commissioner Nadel

Hardship:       The standing water from the pond and stream prevents placing an addition to the rear of the existing house.

Conditions:     Approval is contingent upon the addition being consistent with the architectural elevation drawing submitted with the application.

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

ITEM:   Appl. #2613-04 – The Grillo Family Limited Partnership, 498 Buckland Road, GD zone

Motion to:      remove appl. #2613-04 – The Grillo Family Limited Partnership from the table.

Was made by Commissioner Nadel
Seconded by Commissioner Berstene
The motion:  carried
The vote was as follows:  unanimous

The Commission wanted to allow the building to be used affectively.

Motion to:      Approve appl. #2613-04 – The Grillo Family Limited Partnership, 379 Main Street, a 27.1’ variance to section 10.2 to allow the front yard setback of the existing structure to remain at 37.9’, for property located at 498 Buckland Road, GD zone.

Was made by Commissioner Nadel

Hardships:

The placement of the original structure conformed at the time it was built and the rezoning of the property to the Buckland Gateway zone requires larger setbacks.

2)      The two government takings for road widening have created the existing structure to become significantly nonconforming, making it difficult to use the property in conformance with the Town’s comprehensive plan.


Conditions:

1.      Approval is based on the plans prepared by Design Professionals, Inc. dated 2/26/04.
The use is subject to site plan approval by the Planning & Zoning Commission
The use is subject to a permitted use in the zoning regulations.

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

ITEM:   Appl. #2614-04 – 651 LLC, d/b/a Strong Auto Care, 651 Sullivan Avenue, GC zone

Commission members stated that they want only three vehicles for sale in the front at a time.

Motion to:      approve with conditions appl. #2614-04 – 651 LLC, d/b/a Strong Auto Care, 394 Graham Road, a State Hearing under section 14-55 of the General Statutes to allow a used car dealer license, for property located at 651 Sullivan Avenue, GC zone.

Was made by Commissioner Nadel

Hardship:

Approval is contingent on the current or future site plan approval by the Planning & Zoning Commission.
All work done on the vehicles, mechanical or bodywork should be done inside of the building.
Temporary storage of vehicles to be behind the building and should not be visible from the public streets.

Seconded by Commissioner Berstene
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Appl. #2616-04 – K. Chris & Debbie Denfeld, 643 Strong Road, RR zone.

Commission members felt that by relocating and enlarging the front porch, this would improve egress and ingress.


Motion to:      approve appl. #2616-04 – K. Chris & Debbie Denfeld, two variances:  1) to section 3.10.3a to allow expansion of a non-conforming structure; and 2) an 8’ variance to section 10.2 to allow a proposed front porch 42’ from the front property line, for property located at 643 Strong Road, RR zone.

Was made by Commissioner Berstene

Conditions:

The property pre-dates the zoning regulations.
The new entrance will provide safety to the occupants.

Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as following:  unanimous

ITEM:  Minutes

Motion to:      approve with corrections the March 4, 2004 minutes.

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

Motion to:      approve with corrections the April 1, 2004 minutes.

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

ITEM:  Other Business:

Motion to:      add suggested revised information sheet as an agenda item.

Was made by Commissioner Berstene
Seconded by Commissioner Moriarty
The motion:  carried
The vote was as follows:  unanimous

Zoning Board of Appeals by-laws

Motion to:      make the proposed changes to the South Windsor Zoning Board of Appeals by-laws, Section IV-Applications.

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

Abutter Letters

Commission members discussed having applicants send abutter letters out.

Motion to:      require the applicants to notify abutters with certified letters regarding their application, effective for the July, 2004 meeting.

Was made by Commissioner Berstene
Seconded by Commissioner Moriarty
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to:  adjourn the meeting at 10:53 p.m.

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


________________________________
Deborah W. Reid, Recording Secretary
Recording Secretary