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Zoning Board of Appeals 5-4-2006 Minutes

MEMBERS PRESENT:        Chairperson Thomas Berstene, Teri Dickey-Gaignat, Sandy Jeski, Stephen Wagner, and Lavina Wilson

ALTERNATES PRESENT:     Daniel Gentile and N’Marie Crumbie

Chairperson Berstene called the meeting to order at 7:04 p.m.  

ITEM:  New Business

Appl. #2672-06 – Ernest Reichle, 177 Rye Street

Mrs. Nicole Reichle came before the Board to present this application.  She explained that at the previous meeting the Board requested the screen porch to be pushed back from the street line two feet.  This will be able to be accomplished by taking the wall out, putting slider in the middle of the wall and move the heating elsewhere.  This will allow access to the screen porch from the house.

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

Answering questions from the Board, Mrs. Reichle explained that this request would be an expansion of a nonconforming structure.  

Michele Lipe, Assistant Director of Planning stated that this will not be creating a new front yard setback and it will be no closer to the road than the existing structure.  This request is increasing the nonconformity.

With no further questions, the public participation portion and public hearing closed at 7:15 p.m.

Appl. #2674-06 – Michael W. Bedell, 239 Graham Road

Mr. Michael Bedell came before the Board.  He explained that the previous sign that was erected in 1999 was in disrepair so it was taken down and replaced with a new attractive sign.  After the new sign was erected it was found to be up without approvals.  The sign is not intrusive to anyone driving.

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

Answering questions from the Board Mr. Bedell explained that there is no other way to display the sign for the daycare.   There is no room on the existing sign for the church and there are financial restraints for the design of one new sign for both the church and daycare.  

After a brief discussion, the Board felt this application should be tabled in order to find out when the sign was actually put up and the date of the violation notice.

Motion to:      table appl. #2674-06 to June 1, 2006 meeting – Michael W. Bedell, 34 Old Farm Road, request for a variance to section 17.8.4h to allow an additional entrance sign 16 square feet, on property located t 239 Graham Road, (Our Savior Lutheran Church), A-20 zone.


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

Appl. #2676-06 – Scott R. Kelley, 389 Slater Street

Mr. Scott Kelley came before the Board to represent this application.  He explained that he was present to request a variance which would be over the front yard setback.  The deck would be constructed to the front, side and rear of the house.  Mr. Kelley explained that he and his wife take foster children in and some of the children have medical disabilities.  The deck will give the children the ability to go from the inside of the house to outside and from the front to the rear of the house.    

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

Answering questions from the Board, Mr. Kelley explained that the deck would not allow access for the children from the driveway into the house, but would allow them access from the house to the front yard and rear yard.  The topography of the land makes it difficult for some of the children to negotiate the lawn area, therefore a deck would give them the ability to go outside.  The stone wall has a staircase going from the driveway to the rear yard.

With no further questions, the public participation portion and public hearing closed at 7:36 p.m.

Appl. #2678-06 – Christopher and Brenda Wilkos, 756 Main Street

Mr. Christopher Wilkos came before the Board to present this application.  They explained that an addition and deck was placed on the house in 2002 which required a building permit.  They would now like to construct a sunroom on the existing deck.  When they went to pull a permit for this procedure, they found out the existing deck was in violation.  The hardship on this request is that they had thought they were in compliance on the south side of the property and on the north side of the property there is the leach field and septic system.  If the deck were too made smaller, the sunroom would not be functional.

Public

Mr. J.E. Shepard an abutting neighbor came before the Board and stated that he did not have any problems with this request.

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

Answering questions from the Board Mrs. Wilkos explained that if they had been aware of the deck being nonconforming, they could have shifted the whole deck to the north and would have been in compliance with the regulations.

With no further questions, the public participation and public hearing closed at 7:50 p.m.

Appl. #2680-06 – K.D. Nutmeg Properties, LLC, 260 Nutmeg Road South

Mr. Peter DeMallie from Design Professionals, Inc. came before the Board representing this applicant.  The request is for an 8400 square foot building with 16 parking spaces.  There will only be one entrance curb cut for this parcel.  This request is for a 15’ variance to allow a 10’ rear yard where 25’ is required.  A sprinkler system will have to be installed in order to eliminate a driveway to be constructed to the rear of the building.  The hardship associated with this development is that the substantial wetlands, swale and configuration of the property restricts this area for land development.  This application will have to go before the Inland Wetland/Conservation Commission, the Planning and Zoning Commission and the Water Pollution Control Authority for site plan approval.

Public

Mr. Craig Stevenson, Economic Development Coordinator came before the Board.  He stated that he feels this application is in the best interest of the Town and community.  The Economic Development Commission supports this application and feels this lot is unique.

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

Answering questions from the Board Mr. DeMallie explained that other configurations and areas have been sought for this building, but the proposal before the Commission is the best suited configuration for the building and what the applicant wishes to have.  There will be no asphalt behind the building.  A sidewalk will be constructed for a pedestrian entrance.  If the building where to be relocated, there would be a need to request other variances.

With no further questions, the public participation portion and public hearing closed at 8:20 p.m.

ITEM:  Deliberative Session

Appl. #2676-06 – Scott R. Kelley, 389 Slater Street

Commission members felt that there was no hardship associated with the property to approve this and they also felt there were alternatives available to the applicant.

Motion to:      deny appl. #2676-06 – Scott R. Kelley, 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 Jeski
Seconded by Commissioner Wagner
The motion:  carried
The vote was as follows:  unanimous

Reason for Denial:  No hardship found associated with the property.

ITEM:  K.D. Nutmeg Properties, LLC, 260 Nutmeg Road South

Commissioner Wagner stated he had no problems approving this application because he feels in this kind of zone it is tough doing anything.

Motion to:      approve appl. #2680-06 – K.D. Nutmeg Properties, LLC, 8 Trevor Lane, East Granby, CT., a 15’ variance to section 10.2 to allow a 10’ rear yard (25’ required) for new construction on property located at 260 Nutmeg Road South, I zone.

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

Hardship:  The odd shape of the lot, reduced building area, large amount of wetlands, and the need for a swale make it difficult to place the building anywhere else on the property.

ITEM:  Appl. #2672-06 – Ernest Reichle, 177 Rye Street

Motion to:      approve appl. #2672-06 – Ernest Reichle, a variance to section 3.10.3 to allow expansion of a nonconforming structure and a 24.8’ variance to section 10.2 to allow a 12’ x 16’ screen house 10.2’ from the front property line, (35’ required), at 177 Rye Street, I zone.

Commission members were pleased that the applicant made the effort and was successful in moving the proposed screen porch no closer to the street than the existing structure.  

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

Hardship:       The nonconforming location of the existing structure and difficulty of building a screen house on any other side of the house.

ITEM:  Appl. #2678-06 – Christopher and Brenda Wilkos, 756 Main Street

Motion to:      approve appl. #2678-06 – Christopher and Brenda Wilkos, a 3’ variance to section 10.2 to allow a deck and proposed sunroom 17’ from the side property line, (20’ required), at 756 Main Street, A-40 zone.

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


Hardship:       The proposed location for the screen house is where an existing deck is located which had been previously approved by the Town Inspector, but found later to be in violation of code.
 
ITEM:  Minutes

Motion to:      approve the April 11, 2006 minutes as corrected.

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

ITEM:  Other Business

Town Wide Survey

The Town would like all Boards and Commissions to submit questions they feel should be used on the Town wide survey.  Commission members can submit question through e-mail to Michele Lipe.  The deadline for submittal is May 15, 2006.
ITEM:  Old Business

Zoning Board of Appeals By-Laws

Motion to:      approve the changes to the Zoning Board of Appeals by-Laws, (Attachment A).

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

ITEM:  Adjournment

Motion to:      adjourn the meeting at 9:09 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion:  carried
The vote was as follows:  unanimous

Respectfully submitted,


________________________________
Deborah W. Reid, Recording Secretary