MEMBERS PRESENT: Chairperson Thomas Berstene, Teri Dickey-Gaignat, Stephen Wagner, and Lavina Wilson
ALTERNATES PRESENT: James Kupchunos sitting for Sandy Jeski
N’Marie Crumbie
Chairperson Berstene called the meeting to order at 7:09 p.m.
Chairperson Berstene informed the Board that application 2674-06 would not be heard tonight. The necessary signage required to inform the public regarding this application being heard was not posted for the amount of time necessary. This application will be heard at the May 4, 2006 meeting.
ITEM: Executive Session
Motion to: go into executive session to discuss pending litigation on appl. #2635-06 – Marylou Kupchunos and Susan Kupchunos at 7:15 p.m.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaigant
The motion: carried
The vote was as follows: unanimous
Motion to: adjourn executive session at 7:49 p.m.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Motion to: approve and authorize Chairman Berstene to sign settlement agreement dated February of 2006 on the case between Marylou Kupchunos and Susan Kupchunos versus the South Windsor Zoning Board of Appeals.
The following members were in attendance and could vote on this agreement: Commissioners Wagner, Berstene, Dickey-Gaignat, Crumbie, and Wilson
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: New Business
Appl. #2672-06 – Ernest Reichle, 177 Rye Street, I zone.
Mrs. Nicole Reichle came before the Board to present this application. She explained that they have lived in the house since 1991 and approximately two years ago an addition was constructed to the rear of the house. There is presently a mud room on the side of the house which will be removed and replaced with the proposed screen porch abutting next to the home.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mrs. Reichle explained that the screen house is constructed off site and brought onto the property. The screen house will be one foot closer to the street than the original structure. Commission members discussed with the applicant the ability to place the screen house no closer to the road then the existing house is presently. It was decided that the applicant should explore options available to them regarding the different structures that could be placed at this location or a different location. The Board felt that having a nonconforming situation and requesting a larger nonconformity creates difficulty for the Board to approve. The applicant was asked to come back to the May 4, 2006 meeting to discuss other options or locations of placing the screen house on their property.
Motion to: table discussions on appl. #2672-06 to the May 4, 2006 meeting – Ernest Reichle, request for a variance to section 3.10.3 to allow expansion of a nonconforming structure and a 26.5’ variance to section 10.2 to allow a screen house 8.5’ from the front property line (35’ required), at 177 Rye Street, I zone.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Appl. #2673-06 – Erek Grohs, 63 Peach Tree Lane, A-20 zone
Mr. Erek Grohs came before the Board to represent this application. He explained that the house was constructed in 1959 and is a back to front split level. The proposed addition will go over the front building line by 6 feet. Other options were looked at, but because of other obstacles on the property, this was found to be the most feasible area for an addition.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Grohs explained that the front door will be relocated between the garage and house. The hardship is the layout of the land and house which does not permit the proposed addition anywhere else. There is only 10’ to the rear of the house and then the yard drops down an embankment.
With no further questions, the public participation portion and public hearing closed at 8:30 p.m.
Appl. #2675-06 – Donald Childree, 2680 Ellington Road, RR zone
Mr. Donald Childree came before the Board to represent this application. Mr. Childree explained that he has just purchased this property and would like to construct a garage attached to the house. The proposed garage would be over the setback line by 10 feet. The property is a corner lot which creates difficulty finding a location to place a garage. If the garage where constructed to the rear of the house, the driveway would have to be relocated as well as the elimination of trees. A two car garage would bring the property back into conformance with the regulations.
No one from the public spoke in favor or opposition to this appeal.
Answering questions from the Board, Mr. Childree explained that there would be a bonus room above the garage. The house is a one story home, but with the slope of the property, the bonus room will be level with the rest of the home. The septic tank and septic field are located to the rear of the house.
With no further questions, the public participation portion and public hearing closed at 8:38 p.m.
DELIBERATIVE SESSION
Appl. #2673-06 – Erek Grohs
Commissioner Kupchunos stated that the way the existing structure is situated, it does not seem feasible to go in any other location.
Chairperson Berstene felt the applicant proposed the addition in the best possible place it could go and also stated that this proposal will have no impact on the neighborhood.
Motion to: approve with conditions appl. #2673-06 – Erek Grohs, a 7’ variance to section 10.2 to allow a proposed addition 33’ from the front property line, (40’ required), at 63 Peach Tree Lane, A-20 zone.
The Board concluded the hardship to be as follows:
1. The placement of the house on the property and topography of the land creates difficulty placing the proposed addition in any other area.
2. The architectural design of the house, which is a front to back split level, creates constraints in placing an addition elsewhere.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Wilson
The motion: carried
The vote was as follows: unanimous
Appl. #2675-06 – Donald Childree
Commissioner Kupchunos stated that where the garage addition is proposed is the best suited area for the addition.
Motion to: approve with conditions appl. #2675-06 – Donald Childree, a 10’ variance to section 10.2 to allow a proposed garage addition 40’ from the property line, (50’ required), at 2680 Ellington Road, RR zone.
The Board concluded the hardship to be as follows:
1. The lay of the land requires the proposed garage to be constructed at a 45 degree angle, and thus the structure is closer to the property line then allowed by the zoning regulations.
2. The constraints on the property of the existing trees, nearby gully and wetland create the need to place the garage where proposed.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Minutes
Motion to: approved the January 5, 2006 minutes
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Kupchunos
The motion: carried
The vote was as follows: unanimous
Motion to: approve the March 6, 2006 minutes
Was made by Commissioner Kupchunos
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Request for a waiver of an application fee
Mr. Scott Kelley wrote a letter to the Commission requesting a waiver of an application fee for an application that was submitted on March 28, 2006. Mr. Kelley had previously been before the Commission with appl. #2669-06 and had been denied without prejudice.
After a brief discussion, the Board denied his request for a waiver of the application fee.
ITEM: Old Business
Review of the ZBA By-Laws
Chairman Berstene stated that he would like the review of the Zoning Board of Appeals By-Laws tabled until the May 4, 2006 meeting. This would give new members time to review the by-laws.
After a brief discussion, it was the unanimous decision of the Board to discuss and review the ZBA by-laws at the May 4, 2006 meeting.
Zoning Regulations
Any comments on the draft zoning regulations should be e-mailed to Michele Lipe, Assistant Director of Planning, as soon as possible.
ITEM: Adjournment
Motion to: adjourn the meeting at 9:13 p.m.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Respectfully submitted,
________________________________
Deborah W. Reid, Recording Secretary
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