MEMBERS PRESENT: Chairperson Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat
ALTERNATES PRESENT: Daniel Gentile sat for Sandy Jeski
Jim Kupchunos sat for vacant position
STAFF PRESENT: Kathy Middleton, Recording Secretary
Michelle Lipe, Assistant Director of Planning
Public Hearing
Chairperson Berstene called the public hearing to order at 7:23 p.m.
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on September 22, 2007 and September 29, 2007
1. Appl. #2705-07 – Martin Fiori – request for 3 ½ foot variance to Table 3.1.2A to allow one corner of a shed to be located 36 ½ feet from front property line (40 feet required) on property located at addressStreet12 LeFoll Blvd., A-20 zone
Mr. Fiori came before the Commission requesting a 3 ½ foot variance to allow one corner of the shed to be located 36 ½ feet from the front property line. Fiori stated that the shed is a pool shed and it is located 55 feet from the road and cannot be seen from the street or by neighbors. Fiori stated that he was under the impression that the builder pulled a permit for the shed. Fiori stated that the hardship is that it is the best location for the shed because there isn’t any other location in the yard to put it.
Wagner asked if Fiori obtained a building permit. Fiori stated that the shed was built at the same time as the pool and the deck and he assumed that the permit had been pulled. Fiori stated that when the inspector asked if he had paperwork, he said he did and then found out that he did not have permits for the pool, shed or deck. When Fiori first pulled the permit he was rejected because the shed wasn’t in the furthest quadrant. Lipe stated that that particular regulation has since changed and now the variance he is looking for is the front yard setback.
Public hearing closed at 7:40 PM
2. Appl. #2709-07 – John J. Mitchell –request for a 10 foot variance to Table 3.1.2A to allow a gazebo to be located 10 feet from the side property line (20 feet required) on property located at 40 Windy Hill Drive, AA-30 zone
Mr. Mitchell came before the Commission to request a 10 foot variance to allow a 12 x 12, 144 square foot vinyl gazebo to be 10 feet from the property line. Mr. Mitchell stated that there have not been any complaints expressed by neighbors. Mitchell described the shape of his lot as a pie shape with the narrow edge being on the southeast corner and stated that the hardship is that the shape of the lot and the way the property slopes upward to the east. Mitchell stated that the plans will include walkways with landings and plantings. Mitchell submitted a signed statement from an abutting neighbor in favor of Mitchell’s application. Chairperson Berstene read the letter into the record (Attachment A).
Wagner stated that he notice the upward slope in the back of the property and asked if there was a flat area above where the gazebo would go. Mitchell stated that it is the location where the gazebo will go and there will be a retaining wall. Gentile asked if that is the only flat area to put the gazebo. Mitchell stated that is the only flat area and the lay of the land doesn’t allow for it to be placed anywhere else.
Public hearing closed at 7:49 PM
3. Appl. #2710-07 – Garfield W. Vaughn - request for 5 foot variance to Table 3.1.2A to allow a detached two car garage to be located 45 feet from front property line (50 feet required) on property located at 63 Foster Street, RR zone
Mr. Vaughn came before the Commission requesting a five foot variance to allow a 24’ x 24’ detached two car garage to be located 45 feet from the front property line. Vaughn stated that the hardship is the age of the home and that the rear of the property drops quickly and there are wetlands to the left of the property. Vaughn stated that if he were to put the house any further back, he would be encroaching on the wetlands.
Wagner asked if the well would be removed. Vaughn stated that the well would be removed.
Wagner stated that it would be helpful to have a map of the wetlands when there is a variance request that involves wetlands.
Public hearing closed at 7:56 PM
Motion to move application # 2712-07-Town of placeSouth Windsor up on the agenda
Was made by: Commissioner Gentile
Was seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous
5. Appl. #2712-07 – Town of CityplaceSouth Windsor- Water Pollution Control Facility – request for variance to section 2.14.C.1 for the expansion of a non-conforming structure on property located at addressStreet1 Vibert Road, A-40 zone.
Fred Shaw, Superintendent of Pollution Control came before the Commission seeking a variance to allow expansion of a non-conforming structure. Shaw stated that the hardship is that this is an expansion of a building that is forty years old and it was constructed in a residential area. Shaw also stated that there really isn’t another area in which to expand due to underground tanks and pipes.
Public hearing closed at 8:04 PM
Motion to suspend public hearing and enter deliberation
Was made by: Commissioner Dickey-Gaignat
Was seconded by: Commissioner Gentile
The motion carried
The vote was unanimous
ITEM: Deliberative Session
1. Appl. # 2705-07 - Martin Fiori – request for 3 ½ foot variance to Table 3.1.2A to allow one corner of a shed to be located 36 ½ feet from front property line (40 feet required) on property located at 12 LeFoll Blvd. A-20 zone
Motion to: Approve - Appl. # 2705-07 - Martin Fiori – request for 3 ½ foot variance to Table 3.1.2A to allow one corner of a shed to be located 36 ½ feet from front property line (40 feet required) on property located at 12 LeFoll Blvd. A-20 zone
Was made by Commissioner Gentile
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was: unanimous
The Board concluded the hardship to be that the existing structures do not allow for the shed to be located anywhere else and the impact of moving the building is not outweighed by the impact of having the building remain three and a half (3 ½) feet over the building line.
2. Appl. #2709-07 – John J. Mitchell –request for a 10 foot variance to Table 3.1.2A to allow a gazebo to be located 10 feet from the side property line (20 feet required) on property located at 40 Windy Hill Drive, AA-30 zone
Motion to: Approve - Appl. #2709-07 – John J. Mitchell –request for a 10 foot variance to Table 3.1.2A to allow a gazebo to be located 10 feet from the side property line (20 feet required) on property located at 40 Windy Hill Drive, AA-30 zone
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was: unanimous
The Board concluded the hardship to be the extreme slope of the land and that there is not another suitable location for the gazebo.
3. Appl. # 2710-07 – Garfield W. Vaughn - request for 5 foot variance to Table 3.1.2A to allow a detached two car garage to be located 45 feet from front property line (50 feet required) on property located at 63 Foster Street, RR zone
Motion to: Approve – Appl. #2710-07 – Garfield W. Vaughn - request for 5 foot variance to Table 3.1.2A to allow a detached two car garage to be located 45 feet from front property line (50 feet required) on property located at 63 Foster Street, RR zone
Was made by Commissioner Dickey-Gaignat
Was seconded by Commissioner Gentile
The motion: carried
The vote was unanimous
The Board concluded the hardship to be the location of the house and the lay of the land in line with the wetlands. It is the only area to put the garage (to the back right of the house) because of the age of the home. The existing well will be removed.
Credit was given from the Commission to the applicant for adding a garage to the house.
5. Appl. # 2712-07 – Town of CityplaceSouth Windsor- Water Pollution Control Facility – request for variance to section 2.14.C.1 for the expansion of a non-conforming structure on property located at addressStreet1 Vibert Road, A-40 zone.
Motion to: Approve - Appl. # 2712-07 – Town of CityplaceSouth Windsor- Water Pollution Control Facility – request for variance to section 2.14.C.1 for the expansion of a non-conforming structure on property located at addressStreet1 Vibert Road, A-40 zone.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was: unanimous
The Board concluded the hardship to be the placement of existing structures and tanks and the limited room for expansion.
ITEM: Public Hearing (continued)
4. Appl. #2711-07 – Forrest C. Symmes III and Joanne S. Symmes -request for 4 foot variance to Table 3.1.2A to allow a front porch to be located 46 feet from front property line (50 feet required) on property located at 111 Natsisky Farm Road, A-30 zone
Mr. Symmes came before the Commission requesting a 4 foot variance to allow a front porch to be located 46 feet from the front property line. Symmes stated that the house was built 20 years ago and at the time they didn’t have the money to build a porch and the builder told him that they could build one later. When the time came for them to build a front porch, they found out that they were a few feet short and would require a variance. Symmes stated that the hardship is that some of the other houses on the street are closer to the road than his. He also stated that his wife is suffering from severe arthritis and a front porch would allow her to enjoy being outside.
Symmes handed out copies of the plans from the contractor for the record (Attachment B).
Joanne Symmes stated that the builder did not listen to them when the house was being built and put the house closer then what they requested. Symmes stated that the only difference is that bushes will be replaced with a porch.
Public hearing closed at 8:34 PM
ITEM: Deliberative Session (continued)
4. Appl. #2711-07 – Forrest C. Symmes III and Joanne S. Symmes -request for 4 foot variance to Table 3.1.2A to allow a front porch to be located 46 feet from front property line (50 feet required) on property located at 111 Natsisky Farm Road, A-30 zone
Motion to: Approve - Appl. # 2711-07 – Forrest C. Symmes III and Joanne S. Symmes -a 3 foot variance to Table 3.1.2A to allow a front porch to be located 47 feet from front property line (50 feet required) on property located at 111 Natsisky Farm Road, A-30 zone
The board discussed the application and it was felt that a three foot variance would allow them ample room for a porch.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Gentile
The motion: carried
The vote was: unanimous
The Board concluded the hardship to be the placement of the house on the lot and a builder error in not providing room for a porch as requested.
ITEM: Minutes
Motion to approve the minutes of July 12, 2007 with corrections.
Was made by: Commissioner Gentile
Was seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous
Motion to approve the minutes of September 6, 2007 with corrections.
Was made by: Commissioner Wagner
Was seconded by: Commissioner Gentile
The motion carried
The vote was unanimous
ITEM: Other Business
Michele Lipe requested a transfer of $200.00 from the printing account to the equipment account to purchase a laptop for use by recording secretaries. Lipe stated that the WPCA, Town Council, Planning & Zoning, Inland Wetland and Zoning Board of Appeals Commissions would pitch in money to pool together to purchase one laptop computer to be used by the recording secretaries.
Motion to: Transfer $200.00 from printing account to equipment account for the purchase of a laptop.
Was made by: Commissioner Kupchunos
Was seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous
ITEM: Old Business
Lipe stated that the meeting to talk with Planning & Zoning to discuss the new zoning regulations will be scheduled after the elections. There was discussion among Commission members about board appointments.
Lipe stated that the next Leadership Roundtable will be held the second Thursday of December and letters will be sent out around the second week in November.
Berstene stated that if a Commission member cannot attend a meeting they should notify Kathy Middleton as soon as possible. There was discussion regarding moving the meeting time back to 7:30 PM. The matter will be discussed further at the Annual Business Meeting held in December.
ITEM: Adjournment
Motion to: adjourn the meeting at 9:09 p.m.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Gentile
The motion: carried
The vote was as follows: unanimous
________________________________
Katherine J. Middleton
Recording Secretary
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