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Zoning Board of Appeals Minutes 09-03-2009
MEMBERS PRESENT:        Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat, N’Marie Crumbie

ALTERNATES PRESENT:               Kevin Ricker (sitting for Sandy Jeski )

STAFF PRESENT:  Donna Thompson, Recording Secretary
        Michele Lipe, Assistant Director of Planning

The following are motions made during the September 3, 2009 Public Hearing/Regular Meeting.

Public Hearing

Chairperson Berstene called the public hearing to order at 7:41 PM

The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday, August 22, 2009 and Saturday, August 29, 2009.

Appl. 2736-09 – Mitchell Property Group, LLC, 90 Brookfield Street, South Windsor, CT – request for a 13.5’ variance to Table 6.2.4A along southerly boundary (50’ required) and a 50’ variance to Table 6.2.4A along westerly boundary (55’ required) at 35 Ident Road, I zone.  Postponed until ZBA meeting on 10/01/2009 per request of applicant’s attorney.

Appl. 2735-09 – Laura D’Aiello, 1648 Main Street, South Windsor, CT - request for 2 variances to Table 3.1.2A to allow a house addition within front and side yard setbacks: 2’ side yard variance (20’ required) and 13’ front yard variance (50’ required) at 1648 Main Street, A-40 zone.

Laura D’Aiello presented the application.  Ms. D’Aiello stated that the addition was originally planned for the side of the house, but the Historic District Commission requested that it be built on the rear of the house.  Another consideration as to the placement of the addition is the location of the pond on the property.  The D’Aiello’s don’t want to cause any disturbance with the pond.  Ms. Lipe said that Inland/Wetlands has been consulted regarding the pond area.  Ms. D’Aiello discussed the addition with one abutting neighbor who has no problem with it.  The other abutting neighbor lives out of state.  One other consideration as to the location of the addition was a built up area that served as a drive-way and the D’Aiellos don’t want to “cut into“ that area.  Ms. D’Aiello presented photographs of the house and property where the addition will be.  Ms. D’Aiello stated that the addition will not be higher than the house.

After questions and comments from the Commissioners, Chairperson Berstene closed the public hearing at 7:59 pm.  

ITEM:  Deliberative Session

Appl. 2735-09 – Laura D’Aiello, 1648 Main Street, South Windsor, CT - request for 2 variances to Table 3.1.2A to allow a house addition within front and side yard setbacks: 2’ side yard variance (20’ required) and 13’ front yard variance (50’ required) at 1648 Main Street, A-40 zone.

Motion to:  approve Appl. 2735-09 – Laura D’Aiello, 1648 Main Street, South Windsor, CT - request for 2 variances to Table 3.1.2A to allow a house addition within front and side yard setbacks: 2’ side yard variance (20’ required) and 13’ front yard variance (50’ required) at 1648 Main Street, A-40 zone.

Hardship:  non-conforming location of house on property, location of pond on property and request by Historic District Commission to place the addition on the rear of the house

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

Regular Meeting

ITEM:  Minutes

Motion to approve the minutes of July 3, 2009.
Was made by: Commissioner Dickey-Gaignat
Was seconded by: Commissioner Ricker
The motion:  carried
The vote was as follows:  unanimous

ITEM:  Other Business

1.      Chairperson Berstene was concerned about minutes not being approved in a timely manner when meetings are cancelled.  Upon consultation with the Town’s Attorney, Duncan Forsyth, it was recommended that meetings be held on a quarterly basis.  Chairperson Berstene felt this would be appropriate in order to maintain due diligence even if there was no other business to address.
2.      Michele Lipe brought to the Commissioners’ attention that there is some confusion on the part of applicant’s regarding the sign checklist.  Chairperson Berstene agreed that Ms. Lipe should revise the wording of the checklist for the Commissioners’ review.
3.      Chairperson Berstene recommended deferring the ZBA’s election of officers to January of each year due to the timing of Town Council officer elections.  The Commissioners will discuss and decide at the next meeting.  

ITEM:  Correspondence

Chairperson Berstene asked if any other commissioners had received a letter from the Town regarding the construction on Kelly Road and Avery Street.  No one had.

Chairperson Berstene also asked if the other commissioners had received a letter from Bill Aman.  Everyone did receive this letter.

ITEM:  Adjournment

Motion to: adjourn the meeting at 8:14 p.m.
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Ricker
The motion:  carried
The vote was as follows:  unanimous

Respectfully submitted:


Donna Thompson
Recording Secretary


Approved:  October 1, 2009