TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 December 1, 2011
MEMBERS PRESENT: Stephen Wagner, Thomas Berstene, Sandy Jeski,
Teri Dickey-Gaignat (arrived at 8:05 pm)
ALTERNATES PRESENT: Steve Lewis sitting for James Kupchunos
STAFF PRESENT: Michel Lipe, Town Planner
Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the December 1, 2011 Public Hearing/Regular Meeting.
Regular Meeting
Motion to: move Agenda Items 3 (Approval of Minutes) and 4 (Other Business) to before Item 1 (Public Hearing)
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Minutes
Motion to: approve the minutes of November 17, 2011
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Other Business
Motion to: accept the draft of the 2012 Meeting Schedule with one change: the 7/5 meeting will be moved to 7/12 due to Independence Day
Was made by: Commissioner Jeski
Was seconded by: Commissioner Wagner
The motion: carried
The vote was as follows: unanimous
Motion to: accept the draft of the ZBA report to be included in the 2010-2011 Annual Report
Was made by: Commissioner Berstene
Was seconded by: Commissioner Wagner
The motion: carried
The vote was as follows: unanimous
Chairperson Wagner adjourned meeting at 7:45 pm to await arrival of Commissioner Dickey-Gaignat. Meeting reconvened at 8:00 pm.
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday, November 19, 2011 and Saturday, November 26, 2011.
Motion to: hear application #2759-11 before application #2758-11
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Chairperson Wagner stated that the change in order of the applications was to address an issue with application #2759-11 regarding the posting of signs. Wagner reported that several commission members had noted the sign was not posted as required. Attorney Hal Cummings and Peter DeMallie from Design Professionals, both representing the applicant, stated that the sign had been posted appropriately and that the sign posts were still there, but could not confirm that it was still there after the latter part of last week or at all this week prior to tonight’s meeting. Options for dealing with this issue were discussed and the Board determined that it would be appropriate to postpone this application until January.
Motion to: grant the applicant’s request to postpone application #2759-11 American Eagle Federal Credit Union – request for two variances: 1) a 55 foot variance to Table 4.2.11 C.3 to allow circulation 10 feet from the front property line adjacent to Buckland Road (65’ required); 2) a 27.1 foot variance to Table 4.2.11 C.3 to reduce the front yard setback to 37.9 feet adjacent to Buckland Road (65’ required), on property located at 512 Buckland Road, Buckland Road Gateway Development zone, until the January 5, 2012 meeting,
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Public Hearing
Chairperson Wagner called the public hearing to order at 8:16 pm.
Appl. 2758-11 – Deborah L. Cortese – requests two (2) variances: 1) a 21 foot variance to Table 3.1.2 A to allow the installation of a pre-manufactured house (mobile home) twenty-nine (29) feet from the front property line (50’ required); and 2) a variance to Section 7.19.F to allow the installation of a pre-manufactured house (mobile home) on property located at 22 Main Street, RR zone.
David Palmberg, land surveryor, presented the application. Palmberg stated that Mrs. Cortese owns a single width mobile home located at the mobile home park across the street from 22 Main Street. Cortese would like to move the mobile home onto her property at 22 Main Street, which next door to her residences at 28 Main Street. Palmberg stated that due to the flood plain designation on the rear of the property the best use of the lot would be to place the mobile home 29 feet from the front property line, thus the need for the 21 foot variance. The second variance is for the mobile home itself. By regulation, single width mobile homes are not permitted. Palmberg presented photos of the mobile home to the Board. The location chosen is the most efficient use of the lot – to avoid the flood plain
area and to not encroach on the side yard setback. The driveway will be shared with the existing driveway at 28 Main Street.
Commissioners questioned whether the orientation of the structure could be changed, if the structure could be placed where the garage is proposed and what else could be put on the lot if not the mobile home. The orientation of the structure can not be changed due to the location and extent of the Flood Plain. The only other location for the structure would be where the garage is proposed. A small single family residence could be built on the property other than a single width mobile home.
Chairperson Wagner closed the public hearing at 8:46 pm
Deliberative Session
Appl. 2758-11 – Deborah L. Cortese – requests two (2) variances: 1) a 21 foot variance to Table 3.1.2 A to allow the installation of a pre-manufactured house (mobile home) twenty-nine (29) feet from the front property line (50’ required); and 2) a variance to Section 7.19.F to allow the installation of a pre-manufactured house (mobile home) on property located at 22 Main Street, RR zone.
The Commissioners determined that there is a hardship to justify the variance regarding the front yard setback. That no matter what was proposed to be built on the property, a variance would be needed. The Commissioners also determined that there is no hardship for use of a mobile home on the property because there are other alternatives to the mobile home.
Motion to: approve 2758-11 – Deborah L. Cortese – a 21 foot variance to Table 3.1.2 A for a structure twenty-nine (29) feet from the front property line (50’ required) on property located at 22 Main Street, RR zone.
The Board concluded the hardship to be the size and design of the property, and the existance of the 100 year flood plain on the rear of the property.
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
Motion to: deny Appl. 2758-11 – Deborah L. Cortese – request for a variance to Section 7.19.F to allow the installation of a pre-manufactured house (mobile home) on property located at 22 Main Street, RR zone.
The Board concluded there was no hardship because there are alternatives for building on the site other than a mobile home.
Was made by: Commissioner Berstene
Was seconded by: Commissioner Jeski
The motion: carried
The vote was as follows: unanimous
ITEM: Adjournment
Motion to: adjourn the meeting at 9:02 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Berstene
The motion: carried
The vote was as follows: unanimous
Respectfully submitted:
Donna Thompson
Recording Secretary
Approved: January 5, 2012
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