TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 May 3, 2012
MEMBERS PRESENT: Thomas Berstene (arrived at 7:42 pm), Stephen Wagner, Teri Dickey-Gaignat, James Kupchunos, Joseph Etter
ALTERNATES PRESENT: Steve Lewis
Wayne Kilburn
STAFF PRESENT: Michele Lipe, Town Planner
Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the May 3, 2012 Public Hearing/Regular Meeting.
Public Hearing
Vice Chairperson Wagner called the public hearing to order at 7:36 pm in the Madden Room and conducted the meeting until Chairperson Berstene’s arrival ay 7:42 pm.
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on Saturday, April 21, 2012 and Saturday, April 28, 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. Continued from 4/5/2012.
Michele Lipe, Town Planner, had provided the Commissioners with a copy of the legal opinion (see attached) from Town Attorney, Kari Olsen regarding whether the current sign at 282 Chapel Road is considered legally non-conforming when considering CGS 8-13a. Attorney Olsen’s opinion is that the sign does not meet the criteria for being legally non-conforming and the variance application for this sign must follow standard procedure in determining whether there is a unique hardship that is not economical or self-created.
Brian Lafo represented American Sign Inc as the applicant for CubeSmart’s request for a sign re-face. Mr. Lafo stated that the current sign has been in this location for a long time, there have been no complaints about the sign and that they are just trying to change the name on the sign to reflect the new owner.
Commissioner Etter asked how would making it conform be a hardship? Mr. Lafo stated that it would entail taking down the current sign and replacing it with a smaller sign, and felt that the smaller sign would potentially block a neighboring business’ sign.
Lipe stated that there is a variance that has already been granted for signage on this property that the current applicant could take advantage of. She stated she would be willing to assist Mr. Lafo with more information.
Public Hearing closed at 7:49 pm.
Appl. 2761-12 – Wendy and Joseph Goudreault - request for a 14 foot variance to Table 3.1.2A and to modify a previous variance granted (App. #544- granted 6/10/66) to allow a second floor addition on the existing garage, six feet from the property line (20 required), at 321 Abbe Road Ext., AA-30 zone.
Mr. and Mrs. Goudreault presented the application. They are seeking a modification of the existing variance that was granted for the one story garage to add rooms above. They want to add two bedrooms above the existing garage and will not be changing the footprint of the structure. The roof of the garage would be raised to the level of or slightly above the existing roofline of the house. They feel the hardship is the existing patio, screened in porch and the above-ground pool currently located in areas where addition could be proposed in conformance with the setbacks. There is also a sewer line and oil tank to be considered.
The Board discussed the application. Questions were raised as to what the appearance of the addition would be and how it would impact the neighborhood.
Public Hearing closed at 8:05 pm.
Appl. 2762-12 – Thomas Westbrook, 2401 Mill Pond Drive - request for 2 variances to Table 3.1.2A and Section 2.14.C.1 for additions resulting in the expansion of a nonconforming structure: 1) a 2.5 ft variance to allow the addition 7.5 ft from side property line (10 ft required); 2) an 18 ft variance to allow an enclosed front porch 22 ft from front property line (40 ft required), on property located at 11 Mountain View Road, A-20 zone.
Thomas Westbrook’s daughter-in-law, Marie Westbrook, presented the application, with Mr. Westbrook in attendance. The side yard setback variance would be for a 43 ft x 24 ft addition to accommodate an in-law apartment for Mr. Westbrook and the addition of a second level above the existing garage. The front yard setback variance would be for an 8 ft x 12 ft enclosed front porch. They feel the hardship is the rock ledges, topography of the lot and the setup of the existing structures. Due to the setup of the house and yard, the new living space would be one level, attached to the rear of, and in line with, the existing garage. The house is set on a double lot.
The Board discussed the application. There are three considerations involving the application for variances: addition of 8 x 12 ft front porch, change a non-conforming structure (raise garage roof for extra space); and addition of living space to accommodate an in-law apartment to rear of garage.
Public Hearing closed at 8:32 pm.
Motion to: move Agenda Item #3 (Approval of Minutes) to before Item #2 (Deliberative Session)
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
Motion didn’t carry. Vote: 1 yes: Etter
4 no: Berstene, Wagner, Dickey-Gaignat, Kupchunos
Deliberative Session
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.
Motion to: deny Appl. 2467-12 due to lack of hardship
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
Vote: unanimous
Appl. 2761-12 – Wendy and Joseph Goudreault - request for a 14 foot variance to Table 3.1.2A and to modify a previous variance granted (App. #544- granted 6/10/66) to allow a second floor addition on the existing garage, six feet from the property line (20 required), at 321 Abbe Road Ext., AA-30 zone.
Commissioners determined the need for additional, more specific information, especially in regard to the elevation of the roofline and the location of the sewer line. The commissioners did not feel that the pool was a hardship. Since the public hearing had already been closed and the commissioners needed more information, the Board discussed denying the application without prejudice to allow them to come back with this information. The Goudreault’s will not be charged another application fee should they decide to re-apply for this variance.
Motion to: deny without prejudice Appl. 2761-12
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried
Vote: Unanimous
Appl. 2762-12 – Thomas Westbrook, 2401 Mill Pond Drive - request for 2 variances to Table 3.1.2A and Section 2.14.C.1 for additions resulting in the expansion of a nonconforming structure: 1) a 2.5 ft variance to allow the addition 7.5 ft from side property line (10 ft required); 2) an 18 ft variance to allow an enclosed front porch 22 ft from front property line (40 ft required), on property located at 11 Mountain View Road, A-20 zone.
Commissioners agreed that the addition of the enclosed porch would enhance the appearance of the house and have no adverse effect on the neighborhood.
Motion to: approve Appl. 2762-12, #1 – request a variance to Table 3.1.2A and Section 2.14.C.1 for additions resulting in the expansion of a nonconforming structure, a 2.5 foot variance to allow addition 7.5 feet from side property line (10 feet required), understood to include 43 x 24 foot in-law apartment and second story above the garage, on property located at 11 Mountain View Road.
Hardship being the position of the structure on the property dating before subdivision regulations, difficulty adding apartment on any other location on property and consideration that addition will have minimal impact due to distance from neighboring house and it being located behind the structure.
Was made by Commissioner Wagner
Seconded by Commissioner Kupchunos
The motion: carried
Vote: unanimous
Motion to: approve Appl. 2762-12, #2 – request a variance to Table 3.1.2A and Section 2.14.C.1 for additions resulting in the expansion of a nonconforming structure, an 18 foot variance to allow an enclosed 8 x 12 foot front porch 22 feet from front property line (40 feet required), on property located at 11 Mountain View Road.
Hardship being the change in zoning regulations and the original non-conforming position of the house on the property. The small porch enhances the appearance of the house and the neighborhood.
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
Vote: unanimous
Approval of Minutes: 1/5/2012 and 4/5/2012
Motion to: approve minutes of 1/5/2012
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Kupchunos
The motion: carried
Vote: unanimous
Postponed vote on minutes from 4/5/2012. Commissioner Etter requested verification of some wording. Recording secretary will research. Minutes from 4/5/2012 will be re-submitted at the June 7, 2012 meeting.
Adjournment
Motion to: adjourn the meeting at 9:38 pm
Was made by Commissioner Wagner
Seconded by Commissioner Kupchunos
The motion: carried
Vote: unanimous
Respectfully submitted:
Donna Thompson
Recording Secretary
Approved: June 7, 2012
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