MEMBERS PRESENT: Chairperson Thomas Berstene, Teri Dickey-Gaignat, Sandi Jeski and Stephen Wagner
ALTERNATES PRESENT: James Kupchunos sitting for vacant seat
Chairperson Berstene called the meeting to order at 7:05 p.m. The Recording Secretary read the legal notice as published in the newspaper
ITEM: Executive Session
Motion to: go into executive session at 7:06 p.m.
Was made by Commissioner Kupchunos
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: adjourn executive session at 7:28 p.m.
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: New Business
Appl. #2669-06 – Scott R. Kelley, 389 Slater Street, AA-30 zone
Mr. Scott Kelley came before the Commission to present this application. He explained that he would like to construct a deck onto the front of his house which would extend around to the rear of the house. This would create the appearance that the front door is in the center of the home. The house is currently 46 feet from the front property line and Mr. Kelley stated he is requesting that the deck be 40’ from the front property line. This house can not be moved and Mr. Kelley feels this is the best course of action in order to improve the aesthetics of his home
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board. Mr. Kelley explained that the deck will create an access into the rear of the house, as well as create the appearance that the front door is in the center of the house. The deck will not be covered. There will be stairs coming off of the rear of the deck which will lead to the patio. The walkway from the house to the garage will be 4 feet which conforms with ADA regulations. The hardship is created because the house can not be moved away from the road.
With no further questions, the public participation and public hearing closed at 7:36 p.m.
Appl. #2671-06 – Finn-Daniels
Attorney Stephen Penny came before the Board acting as Special Counsel for the Zoning Board of Appeals with respect to a lawsuit that is pending in the Hartford Superior Court by the title O’Connor vs. South Windsor Zoning Board of Appeals.
The Board had a discussion regarding Attorney Penny being special counsel to the Board, as well as representing the applicant in this particular situation. It was decided a motion should be made to waive the Zoning Board of Appeals By-Laws.
Motion to: waive the Zoning Board of Appeals By-Laws requesting the applicant to represent themselves.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Attorney Steve Penny gave the Board background of the variance that was granted in January of 2005. In October 2004 the Planning and Zoning Commission had amended the zoning regulations to allow additional signage for the development of the Evergreen Walk on Buckland Road. Finn-Daniels acting on behalf of “Christopher and Banks” who are tenants in Evergreen Walk came before the Board to request an additional 10 square feet of signage. They were granted this variance in January 2005. This decision was appealed by the Town Planner and Zoning Enforcement Officer of the Town. They took the position that because the zoning regulations had been amended as a result of discussion between the community and the developer to meet the requirements of the developer and therefore the variance was out of line.
If the Board were to revoke the variance that was granted in January 2005, the plaintiff’s are prepared to withdraw the lawsuit assuming that a judge of the Superior Court in Hartford approves this settlement.
No one from the public spoke in favor or opposition to this appeal.
With no further questions, the public participation portion and public hering closed at 7:43 p.m.
DELIBERATIVE SESSION
ITEM: New Business
Appl. #2669-06 – Scott R. Kelley, 389 Slater Street, AA-30 zone
The Board stated that they could not find a hardship for this request and wanted Town staff to research the property in order to find out if there have been any zone changes, state takings, etc. and the actual location of the street line.
Motion to: table the decision on appl. #2669-06 to the February 2, 2006 meeting – Scott R. Kelley, request for a 10’ variance to section 10.2 to allow a proposed deck 40’ from the front yard property line, (50’ required), at 389 Slater Street, AA-30 zone.
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Appl. #2671-06 – Finn-Daniels Architects, 101 Evergreen Way, Unit #103, Buckland Gateway Development zone
Motion to: Approve with conditions appl. #2671-06 – Finn-Daniels Architects, 2145 Ford Parkway, Suite 201, St. Paul, MN 55116, revocation of a previously granted variance to section 17.8.5 which had allowed additional storefront signage for the “Christopher and Banks” store located at 101 Evergreen Way, Unit #103 in the Shops at Evergreen Walk, Buckland Gateway Development zone, granted under zoning application appeal #2635-04.
Condition: Upon the Plaintiff in the case of O’Connor versus the South Windsor Zoning Board of Appeals withdrawing their action and withdrawal being approved by a Judge in the Hartford Superior Court.
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Minutes
September 8, 2005
Motion to: approved with corrections the September 8, 2005 minutes
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
December 1, 2005
Motion to: approve with corrections the December 1, 2005 minutes
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Old Business
Review of the ZBA By-Laws
Motion to: approve the changes on the Zoning Board of Appeals By-Laws, draft 12/19/05.
The Board approved changes (see Attachment A), but would like Board members to review again, especially section IV (B) and IV (C) and bring the By-Laws back for further decisions.
Was made by Commissioner Kupchunos
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 8:21 p.m.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Respectfully submitted,
________________________________
Deborah W. Reid, Recording Secretary
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