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Zoning Board of Appeals Minutes 2-5-2009
MEMBERS PRESENT:        Chairperson Thomas Berstene, Sandy Jeski, Teri Dickey-Gaignat, N’Marie Crumbie (arrived at 7:40 pm)

ALTERNATES PRESENT:     Kevin Ricker (sitting for Steve Wagner)
        
STAFF PRESENT:  Donna Thompson, Recording Secretary
        Michele Lipe, Assistant Director of Planning

The following are motions made during the February 5, 2009 Public Hearing/Regular Meeting.

Regular Meeting

ITEM:  Minutes

Motion to approve the minutes of January 8, 2009.

Was made by: Commissioner Jeski
Was seconded by: Commissioner Dickey-Gaignat
The motion carried
The vote was unanimous

ITEM: Old Business

None

ITEM: Correspondence

Commissioners received a copy of the invitation to submit nominations for Length of Service Awards and Lifetime Achievement Awards at the Connecticut Federation of Planning & Zoning Agencies Annual Conference to be held on March 19, 2009.

Public Hearing

Chairperson Berstene called the public hearing to order at 7:38 PM

The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday January 24, 2009 and Saturday, January 31, 2009.

1.  Appl. 2730-08- John C. Carmon, 807 Bloomfield Ave, Windsor, Ct- request for a variance to Table 4.1.1A to allow a second efficiency apartment (one unit allowed), on property located at 419 Buckland Road (Samsel & Carmon Funeral Home), RC zone.

John Carmon presented the application on behalf of himself.  Stating the need for a second efficiency apartment was due to coverage being necessary in emergency situations 24 hours a day, that it is a change to the existing apartment only and would not affect the property outside of the building.  One resident spoke in favor of this application.  In addition, a letter was received and read into the record by Chairman Berstene in support of this application (Exhibit A). The Commissioners had comments and questions.

The public hearing closed at 8:10 PM.

2.  Appl. #2731-09 –Robert Michalak & Cydnae M. Lopes, request for a 30’ variance to table 3.1.2A to allow structures 20’ from the front property line, (50’ required) and to modify the certain conditions of variance #2633-04, granted on 11/4/04 at 465 Niederwerfer Road, RR zone.

Robert Michalak presented the application on behalf of himself and Cydnae Lopes.  Mr. Michalak stated the request was to modify his existing variance to eliminate the requirement for additional plantings because of the fullness of existing foliage.  He was also requesting to modify the previous approval to allow a 20’ front yard setback for all structures (not just the garage as originally approved).  The Commissioners had comments and questions.

The public hearing closed at 8:25 PM.

ITEM:  Deliberative Session

1.  Appl. 2730-08 - John C. Carmon, 807 Bloomfield Ave, Windsor, Ct- request for a variance to Table 4.1.1A to allow a second efficiency apartment (one unit allowed), on property located at 419 Buckland Road (Samsel & Carmon Funeral Home), RC zone.

Motion to postpone a decision until the ZBA meeting scheduled for March 5, 2009 to allow for further research was made by Commissioner Dickey-Gaignat.

Seconded by Commissioner Jeski.
The motion:  carried
The vote was as follows: unanimous.

2.  Appl. #2731-09 – Robert Michalak & Cydnae M. Lopes, request for a 30’ variance to table 3.1.2A to allow structures 20’ from the front property line, (50’ required) and to modify the certain conditions of variance #2633-04, granted on 11/4/04 at 465 Niederwerfer Road, RR zone.

Motion to approve modifications to variance #2633-04 (originally granted on 11/4/04) with conditions, to allow a 30’ variance to table 3.1.2A establishing a 20’ front yard setback and elimination of  the planting requirement, at 465 Niederwerfer Road, RR zone was made by Commissioner Dickey-Gaignat.

Seconded by Commissioner Jeski.

Hardship:  Extensive wetlands on property, topography and location of septic system (and septic reserve area) reduce the buildable area of the lot.

Conditions:  Any additional structures proposed will be subject to approval by the Inland Wetlands Agency and Health Department prior to issuance of a building permit.

The Board recognized that there was no need for additional plantings due to existing foliage.
The motion:  carried.
The vote was as follows: unanimous.


ITEM:  Adjournment

Motion to: adjourn the meeting at 8:40 p.m.

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





________________________________
Donna Thompson
Recording Secretary