MEMBERS PRESENT: Chairperson Thomas Berstene, Teri Dickey-Gaignat, Sandy Jeski, Matt Davis, and Stephen Wagner
ALTERNATES PRESENT: None
STAFF PRESENT: Michele R. Lipe, Assistant Director of Planning
Elizabeth Locicero, Recording Secretary
NEW BUSINESS:
Legal Notice was read as it was published in the Journal Inquirer on Wednesday, April 11, 2007.
1. Appl #2694-07 – Gary and Lori Bouchard – request for a variance to Section 3.10.7 of the zoning regulations to allow for the expansion of a non-conforming use (a bedroom addition to a house in the industrial zone) on property located at 334 Strong Road, I zone
Lori Bouchard stated this addition is required by the family because they cannot afford to move into a larger home. The Bouchards run small businesses out their house. They are one of several houses on the north side of Strong Road that were built in the 1950’s.
No from the public spoke in favor of or against this application.
Discussion ensued among the Commission members with the following comments and concerns. Replies will be in Italics.
· Neighbors notified. Yes.
· House is well maintained.
· House built? 1952.
· Any discussion of moving zone line. Industrial north and south; never has been a discussion point.
· Type of house. Basic cape with 6 rooms.
· Requesting a non conforming use. Building is not non conforming, use is.
· Hardship. Pre-existing residential home in existing industrial zone.
· Standards that would apply. Minimum house size, there are no maximum house sizes.
· Possibility of raising height of house. No.
· Survey done? Yes, to assure no encroaching.
· Hatchway? Is placed between the porch and the addition.
· Old zoning maps indicate this was industrial.
· Age of surrounding houses. 50’s – not pre-existing to zoning regulations – could have been a mechanism at that time.
· Proposed construction of the addition Stick frame, red vinyl to blend with the brick.
Berstene closed the public hearing at 7:19 p.m.
2. Appl #2695-07, DBB Management, LLC, 111 Farm Brook Lane – request for a variance to Section 10.2 of the zoning regulations to allow 0’ buffer on property located at 36 McGuire Road, RR zone
Peter DeMallie, Design Professionals, Inc. and representing the applicant had the following comments:
o If ZBA approves this request then the applicant will have to appear before PZC.
o Applicants are applying for a duplex residence; PZC recently adopted a zoning amendment allowing duplexes as transitional uses between commercial and residential areas.
o Submitted a copy of the plot plan, architectural elevation and the floor plan (3600 sf) with a 2 car garage underneath.
o Lot pitches towards the rear of the property.
o Submitted letters of support.
o Proposal requests a variance to buffer because neighboring house is on a non conforming lot.
o Subcommittee of PZC is working on new zoning regulations regarding buffers which will go to public hearing on June 12th. The unknown is when it will conclude, the nature of the language of it, or when it will be adopted. Item was discussed approximately 9 months ago and there was no one unfavorable toward it.
o Submitted a letter from Karen Isherwood, Engineer with Design Professionals, in support, i.e. 90 x 90 square analysis of lot – house could shift slightly to the east; if placed anywhere else it would go over the property line or the 15% slope.
o Site contains 1.3 acres.
o Commercial zoning along frontage; balance RR zone; closest building to the property frontage is a barn (across street).
o Balance of activities/businesses – Hartford Truck Equipment (Rt. 5) along with 5 multiple uses and other businesses beyond the barn to the south.
o Property was purchased originally for commercial use. Applicant met with neighbors, indicated no longer interested in changing to commercial zone – requested residential; concern with neighbors was truck traffic.
o An easement was purchased through property of 10 Pin Bowl to allow trucks through by Hartford Truck and not go through residential area, neighbors supported this idea, property was upgraded, received site plan, approved road is open to private traffic.
o House cannot be placed on this property without a variance.
o House will be serviced by septic system.
o Intent is to keep as many trees as possible – keep residential and retain privacy.
o Hardship is the unique triangular shape, abuts I291/entrance ramps, house would be situated in the narrowest point of the site, changes have been attempted to change to commercial – PZC determined to remain RR zone, proposal has support from the neighborhood, quality of life for the residential neighborhood has been enhanced by moving the truck traffic and other traffic away from property; most commercial activities are away from the site; when PZC approved zone change resulting in the zone line went through buildings; frontage to King Street is residential; house to be placed towards the front of the property; submitted document from Marcia Banach; applicant cannot meet the
90 x 90 square other than in the area to be developed – only if variance is granted; other duplex to the west is closer to the street.
No one spoke in favor of or against this application.
Berstene read into the record a letter from the Chase Family; also acknowledged remainder of letters submitted in ZBA packet. It was indicated that the people who wrote the letters do not abut the property.
Discussion ensued among the Commission members with the following comments and concerns and comments. Replies will be in Italics.
· Intent of buildable square. Intent is to allow the lot to have some usable area.
· Dark green areas on map? Lighter green area where property cleared is septic, applicant will save as many trees as possible – initial clearing will be kept at a minimum.
· Reason applicant is building in this location. Applicant owns it, important to have family members close for security purposes, attempted to change the property to commercial which failed because of opposition in the neighborhood, purchased the King property and expanded into the commercial zone, original intent was to use the property for office headquarters
· Problem with I-291 ramp. No zoning issues.
· Screening. Evergreens will be utilized for screening if required.
· Wetlands. No.
Berstene closed the public hearing at 8:11 p.m.
2. Deliberative Session
Appl #2694-07 – Gary and Lori Bouchard – request for a variance to Section 3.10.7 of the zoning regulations to allow for the expansion of a non-conforming use (a bedroom addition to a house in the industrial zone) on property located at 334 Strong Road, I zone
Wagner made a motion to approve the above referenced application. Jeski seconded the motion. The motion carried and the vote was unanimous.
The Board concluded the hardship to be that this is an existing residential house in an industrial zone and this request is consistent with the character of the neighboring properties.
Appl #2695-07, DBB Management, LLC, 111 Farm Brook Lane – request for a variance to Section 10.2 of the zoning regulations to allow 0’ buffer on property located at 36 McGuire Road, RR zone
Wagner made a motion to approve the above referenced application. Dickey-Gaignat seconded the motion. The motion carried and the vote was unanimous.
The Board concluded the hardship to be the unique triangular shape of the property combined with the limited building area available (once other zoning requirements are met) making it difficult to provide both a buffer and front yard setback that is required. It was noted that this variance is in keeping with the character of neighboring properties.
3. Minutes
Berstene made a motion to approve the March 1, 2007 minutes. Dickey-Gaignat seconded the motion. The motion carried and the vote was unanimous.
Adjournment
Dickey-Gaignat made a motion to adjourn the meeting at 8:43 p.m. Jeski seconded the motion. The motion carried and the vote was unanimous.
_______________________ respectfully submitted,
Date Approved
Phyllis M. Mann
Recording Secretary
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