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ZBA 7-7-2005
         
MEMBERS PRESENT:        Chairperson Stephen Wagner, Ronald Banks, Teri Dickey-Gaignat and Sandi Jeski

ALTERNATES PRESENT:     James Kupchunos sitting for Thomas Berstene for appl. #2652-05 and appl. #2653-05

Chairperson Wagner called the meeting to order at 7:03 p.m.  The Recording Secretary read the legal notice as published in the newspaper

Appl. #2651-05 – W. James & Christine Kupchunos, 1 Christine Lane, AA-30 zone

Mr. Jim Kupchunos came before the Board to represent this application.  He explained that he would like to request a 24’ variance in order to have a shed 26’ from the property line.  This is a corner lot, so 50’ is required.  The view of the shed will be blocked by trees from the street.  Although it is flat in the southeast corner of the property, there is a catch basin with easements on both sides of the property.  This area of the property gets very wet.

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

Answering questions from the Board, Mr. Kupchunos explained that one tree would need to be removed in order to place the shed where it is being proposed.  Mr. Kupchunos stated he will be supplementing to the area in order to buffer the shed more from the street.  The shed will be the same color as the house and will blend in with the woods.  Where the shed is being proposed, there is existing stone base where the shed can be placed.

With no further questions, the public participation portion and public hearing closed at 7:16 p.m.

Appl. #2652-05 – Town of South Windsor, 1492 John Fitch Boulevard, I zone

Mr. Fred Shaw, Superintendent of Pollution Control came before the Board to represent this application.  Mr. Shaw explained that the improvements to this pump station will bring some of the equipment from below ground to above ground.  The structure is approximately 11’ x 22’.

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

Answering questions from the Board, Mr. Shaw explained that this pump station is in a commercial zone and will have a commercial look.  The structure will be sided concrete that will look like brick and will not have a fence around it.


With no further questions, the public participation portion and public hearing closed at 7:25 p.m.

Appl. #2653-05 – Wesley and Rowena Sedlacek, 42 Daisy Lane, Designed Residence zone

Mrs. Rowena Sedlacek came before the Board to represent this application.  She explained that on June 7, 2005 her and her husband came to Town Hall to fill out paperwork, present the plans for a deck and pay the necessary fee for a building permit.  A building permit was approved by the Town and sent to them via mail.  On June 27, 2005 construction of the deck began.  On June 28, 2005 Mr. John Flannery came to inspect the holes for the deck.  It was approved to start pouring the concrete and was done so that afternoon.  The next morning the South Windsor Town Hall called to inform that construction of the deck need to be suspended due to the fact that the building permit should not have been issued because the Zoning Office had never reviewed or approved this construction of the deck.  It was discovered that the deck was being constructed 9’ 6” into the setback line.

The following are hardships the applicant feels are relevant to this application:

Denying this variance would cause a financial hardship because all the lumber has been bought; concrete pillars have been poured; and the lawn has been dug up.
The northern direction is the only area to place the shed because in the southern direction there are terraced steps and in the eastern direction there is a retaining wall.
Placing the shed to the north of the property is low impact to the property and is not visible by any public roads or private roads within Peach Brook.

Mrs. Sedlacek stated that her two closest neighbors have written letter speaking in favor of this appeal.

Public

Mr. Dick Boucher came before the Board to speak in favor of this appeal.  He stated that he is not only the applicants neighbor, but also the President of the Peach Brook Association.  As part of the Home owners Association, this plan was brought to a meeting and approved.  They have gone through the necessary process and have been approved by the Town also.  There are other residents that will come up with this same problem, should they be informed of this caveat?  Mr. Boucher then stated he hoped this Board would grant this variance.

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

Michele Lipe, Assistant Director of Planning explained that in this zone there is a 25’ buffer and then a 40’ setback area.  She stated to Mr. Boucher that all members should be made aware of these setbacks.

Answering questions from the Board, Mr. Sedlacek explained that if you look eastward out of the house, there is a steep decline to the brook.  The land rises up to another condo complex called Plum Ridge.  The area is protected by a retaining wall and dense woods around the river.  In the northern direction, there are woods before getting to the Police Department and Church.  Mr. Selacek stated that the deck was planned the way it is proposed due to sunlight that hits the deck.  Previously sun would hit the old deck for approximately two hours.  The proposed extension of the deck will enable the deck to get sun most of the day.  

With no further questions, the public participation portion of this appeal and the public hearing closed at 7:45 p.m.

DELIBERATIVE SESSION

ITEM:   Appl. #2652-05 – Town of South Windsor, 1492 John Fitch Boulevard, I zone

Motion to:      approve appl. #2652-05 – Town of South Windsor, 1540 Sullivan Avenue, a 31’ variance to section 10.2 for pump station improvements to allow a structure 4’ from the front property line, at 1492 John Fitch Boulevard, I zone.

Was made by Commissioner Banks

Hardship:

The size and dimension of the property creates difficulty upgrading or making any improvements to the pump station.
There is existing piping underground, which dictates the area for the structure to cover.
This is a necessary municipal use.

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

ITEM:   Appl. #2653-05 – Wesley and Rowena Sedlaceck, 42 Daisy Lane, Designed Residence zone

Motion to:      Approve with conditions appl, #2653-05 – Wesley and Rowena Sedlacek, a 10’ variance to section 4.5.3.d to allow for a deck to be placed 55 ft. from the property line, for property located at 42 Daisy Lane, Designed Residence zone.

Was made by Commissioner Banks

Hardship:       Topography of the property creates difficulty constructing a deck in any other location.

Condition:      Construction of the deck was approved as shown on the plans submitted with this application.

Seconded by Commissioner Jeski

Chairperson Wagner stated that this request has no impact to any adjacent properties and is consistent with the intent of the zoning regulations.

The motion:  carried
The vote was as follows:  unanimous

ITEM:   Appl. #2651-05 – W. James & Christine Kupchunos, 1 Christine Lane, AA-30 zone

Motion to:      Approve with conditions appl. #2651-05 – W. James & Christine Kupchunos, a 24’ variance to section 10.2 to allow a shed to be 26’ from the front property line, at 1 Christine Lane, AA-30 zone.

Was made by Commissioner Dickey-Gaignat

Hardship        

The setback line is larger because this is a corner lot.
In the southeast corner of the property there is an easement on both sides of the property along with a catch basin.  This creates a very wet situation in that area.
The two suitable corners within the proper setbacks to place the shed have drainage issues.

Seconded by Commissioner Jeski

Chairperson Wagner also stated that the trees will provide a visual shield so the shed will not be seen from the street.

Condition:      A vegetative screening must be maintained along the street in order to conceal the shed from the street.

The motion:  carried
The vote was as follows:  unanimous

ITEM:  Minutes

March 3, 2005

Motion to:      approve the minutes of March 3, 2005 as amended.

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

May 4, 2005

Motion to:      approve the minutes of May 4, 2005

Was made by Commissioner Banks

Corrections of these minutes were discussed.

Commissioner Banks withdrew his motion

The May 4, 2005 minutes will be corrected and a decision will be made on them at the September meeting.

Motion to:      approve the minutes of May 5, 2005

Was made by Commissioner Jeski
Seconded by Commissioner Kupchunos
The motion:  carried
The vote was as follows:  unanimous

June 2, 2005

Motion to:      approve the minutes of June 2, 2005

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

June 16, 2005

Motion to:      approve the minutes of June 16, 2005

Was made by Commisioner Kupchunos
Seconded by Commissioner Jeski
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Adjournment

Motion to:      adjourn the meeting at 8:25 p.m.

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


________________________________
Deborah W. Reid
Recording Secretary