TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 April 5, 2012
MEMBERS PRESENT: Thomas Berstene, Stephen Wagner, Teri Dickey-Gaignat, James Kupchunos, Joseph Etter
ALTERNATES PRESENT: Edwina Futtner (left at 9:00 pm)
STAFF PRESENT: Jeff Folger, Sr. Environmental Officer
Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the April 5, 2012 Public Hearing/Regular Meeting.
Public Hearing
Chairperson Berstene called the public hearing to order at 7:41 pm in the Council Chambers.
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday, March 24, 2012 and Saturday, March 31, 2012.
Appl. 2467-12 – American Sign Inc., on behalf of CubeSmart – request for a variance to Table 6.5.8A to allow a sign 82.7 sf, 25.7 feet in height (24 sf, 5 feet in height allowed), on property located at 282 Chapel Road, Industrial zone.
Tony Lafo represented CubeSmart. The owner wants to replace the existing sign face with their business name of CubeSmart; no other changes are being requested. The sign is greater in height than permitted by regulation and may be considered an existing non-conforming sign. A variance would be needed before a permit could be issued to re-face the sign with CubeSmart. Mr. Lafo doesn’t understand why this is an issue now as the sign has been there for many years. It is unclear when the sign was originally erected. Documentation is limited to a variance granted in 1976 to allow a 6 ft x 6 ft free standing sign (36 sq ft). The board determined they need additional information and clarification from the Town Attorney before going forward with this application. The public hearing on Appl.
2467-12, American Sign Inc., was continued to the next scheduled meeting on May 3, 2012.
Appl. 2760-12 – Thomas Laflamme – request for a 1.95 foot variance to Table 3.1.2A for an existing accessory structure currently 18.05 feet from side property line (20 feet required) on property located at 1891 Main Street, A-40 zone.
Mr. Laflamme stated that he has been a resident of South Windsor for 12 years, is a member of the Historic Society, and purchased the property at 1891 Main Street in April 2011. Mr. Laflamme has made some minor improvements to the property and would like to begin work on the Pump House building, which raises the issue of a variance.
Peter DeMallie of Design Professionals presented background information on the property and reviewed the seventeen points from his narrative statement previously submitted to the Commissioners, referencing specific hardships, unique conditions, and peculiar circumstances in support of this variance request.
Attorney Harold Cummings represented the applicant and distributed a set of exhibits to each of the Commissioners in support of this application. Attorney Cummings presented some historical information on the property. Attorney Cummings stated that the Pump House was apparently not included when the original lot was subdivided into three lots in 1972, which necessitated the granting of variances for the undersized lots and setback infringements created at that time. Attorney Cummings stated that if it was known at the time of the subdivision that the Pump House was in violation of the side yard setback it would have been included with the other variances. Attorney Cummings stated that by approving the application in 1972 without a variance for the Pump House, the Pump House would have become non-conforming and would
have had to come down. Until recently, it was believed that the Pump House was twenty feet from the property line. Attorney Cummings presented fourteen letters of support. Nine of residents that wrote letters also attended the meeting and spoke in favor of the application. Two additional residents spoke in favor of the application at the meeting.
Attorney Mark Branse represented Mr. and Mrs. Cohn, 35 Ferry Lane, and Cynthia St. Cyr, 47 Ferry Lane. The properties abut and share a driveway with Mr. Laflamme’s property. Mrs. Cohn’s property is closest to the Pump House, which is the existing accessory structure in need of a variance. Attorney Branse presented exhibits in the form of photos, maps, copies of regulations and case law documentation.
Chairperson Berstene adjourned the meeting at 9:33 pm in order for the commissioners to take a short break. The meeting was reconvened at 9:40 pm.
Attorney Branse continued his presentation. Attorney Branse stated that the Pump House is a legal non-conforming structure, based on CT State Statute 8.13A. This was established when the property was divided in 1972. Whether or not the Pump House was specifically covered under the variances granted at that time, it became a legal non-conforming structure after three years. Attorney Branse stated that the request for a setback variance is not applicable. They would need to apply for a special exemption use as this is not a permitted use under Zoning Regulation 7.1.4A2 – rental of an accessory structure for commercial purposes is not a permitted use.
In addition to the Cohn’s, five residents spoke against the application. Two of these residents had also written letters unfavorable to the application. Dr. Bruce Burnham, 1909 Main Street, asked that his letter be submitted for the record.
Attorney Branse and Attorney Cummings reiterated their points of view and opinions of the facts related to this application. Attorney Cummings stating that a setback variance is appropriate and why; and Attorney Branse stating that the building is a legal non-conforming structure, doesn’t need a setback variance, but would need a change of use exemption. Attorney Cummings and Attorney Branse agreed that Zoning Board of Appeals would not be able to grant a use variance.
Time ran out prior to all the Commissioners having an opportunity to request clarification or additional information.
The public hearing on Appl. 2760-12 – Thomas Laflamme, was continued to the next scheduled meeting on May 3, 2012.
Adjournment
Motion to: adjourn the meeting at 10:53 pm
Was made by Commissioner Wagner
Seconded by Commissioner Kupchunos
The motion: carried
The vote was as follows: 4 yes: Berstene, Wagner, Dickey-Gaignat, Kupchunos
1 no: Etter
Respectfully submitted:
Donna Thompson
Recording Secretary
Approved: June 7, 2012
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