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Zoning Board of Appeals Revised Minutes 03-05-2009
MEMBERS PRESENT:        Vice Chairperson Stephen Wagner, Teri Dickey-Gaignat, N’Marie Crumbie, Sandy Jeski (arrived at 7:50 pm)

ALTERNATES PRESENT:     Philip Koboski (sitting for Thomas Berstene)
        
STAFF PRESENT:  Donna Thompson, Recording Secretary
        Michele Lipe, Assistant Director of Planning

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

Public Hearing

Vice Chairperson Wagner called the public hearing to order at 7:35 pm.

The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday, February 21, 2009 and Saturday, February 28, 2009.

Vice Chairman Wagner adjourned the public hearing at 7:45 pm to await the arrival of Commissioner Jeski.

Vice Chairman Wagner called the public hearing back to order at 7:50 pm upon the arrival of Commissioner Jeski.

1.  Appl. 2732-09 – KF Properties, LLC, 175 Wheeler Road, South Windsor, Ct- request for a 5’ variance to Section 7.17.4A to allow 35’ side yard setbacks (40’ required) on property to be known as 178, 180 & 182 Smith Street, A-20 zone.

Walter Kebalo presented the application on behalf of his himself and his brother (Cheryl Kebalo attending) stating that the reason for the application was due to having missed the deadline for re-application causing expiration of the original site plan granted in 2003.  Additionally, there is modification to the design, conforming to the originally required 35’ setback, but not conforming to the currently required 40’ setback.  In response to Vice Chairperson Wagner’s question regarding the amount of square footage over the 40’ setback, Mr. Kebalo calculated less than 70 sq ft (part of a hatchway, part of a deck, part of a 3 season room).  In response to Commissioner Jeski’s inquiry about sidewalks, Mr. Kebalo explained that due to the topography of the area it is not feasible for additional sidewalks along Smith Street.

The public hearing closed at 8:10 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.

Deliberation on this application was continued from the February meeting.  Since that time, the applicant has submitted an application to the PZC for approval of these apartments.  That application will be heard by the PZC on March 10, 2009.  The applicant has requested that we postpone action on this item until the April meeting (pending the outcome of his PZC application).

2.    Appl. Appl. 2732-09 – KF Properties, LLC, 175 Wheeler Road, South Windsor, Ct- request for a 5’ variance to Section 7.17.4A to allow 35’ side yard setbacks (40’ required) on property to be known as 178, 180 & 182 Smith Street, A-20 zone.

Commission Dickey-Gaignat requested clarification regarding the need for re-application, stating that the original 2003 special exception granted “stays with the land.”  Ms. Lipe explained that the re-application is for the site plan and that if the site plan mylar had been filed prior to 9/16/08 there would not be a need to apply to ZBA.  Commissioner Jeski felt that 2 condos would fit though not the 3.  Commissioner Koboski and Vice Chairperson Wagner agreed that if the lot was more uniform in shape there would be adequate buildable area.  

Motion to approve  Appl. 2732-09 – KF Properties, LLC, 175 Wheeler Road, South Windsor, Ct- request for a 5’ variance to Section 7.17.4A to allow 35’ side yard setbacks (40’ required) on property to be known as 178, 180 & 182 Smith Street, A-20 zone.

Hardship:  Administrative error of applicant – as is policy, original PZC approval letter dated 9/23/03 did not state expiration date (9/16/08), resulting in missed deadline by applicant to submit site plan/obtain building permit.  Plus, with the shape of the corner lot not being square, the buildable area is reduced.  The change in design and approval of a variance would not adversely affect neighboring properties.

Was made by Commissioner Crumbie
Seconded by Commissioner Dickey-Gaignat
The motion carried.
The vote was as unanimous.

ITEM:  Minutes

Prior to Commissioner Jeski’s arrival, Vice Chairperson Wagner tabled voting on the February 5, 2009 minutes due to lack of a majority.  Upon arrival of Commission Jeski, the February 5, 2009 Minutes were reviewed.

A Motion to approve the minutes of February 5, 2009.

Was made by: Commissioner Jeski
Was seconded by: Commissioner Crumbie

Vote:   Jeski, Crumbie, Dickey-Gaignat:  yes to approve
        Wagner, Koboski: abstained (absent from February 5, 2009 meeting)

The motion carried.

ITEM: Other Business

Commissioners discussed attending the luncheon for Length of Service Awards and Lifetime Achievement Awards at the Connecticut Federation of Planning & Zoning Agencies Annual Dinner to be held on March 19, 2009 at the Aqua Turf.  Wagner,  Dickey-Gaignat, Jeski, Crumbie will be attending, Koboski will respond to the recording secretary by March 17, 2009.

Vice Chairman Wagner tabled the by-laws requirement for the re-election of the Chairperson until the April meeting due to the absence of Chairperson Thomas Berstene.

ITEM: Correspondence

None

ITEM:  Adjournment

Motion to: adjourn the meeting at 8:25 p.m.

Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat

The motion carried.
The vote was as follows: unanimous.





________________________________
Donna Thompson
Recording Secretary