TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Minutes 1 November 1, 2012
MEMBERS PRESENT: Thomas Berstene, Teri Dickey-Gaignat, Joseph Etter, Joseph Kennedy, James Kupchunos - stated that he listened to the tape from the 9/6/2012 ZBA meeting and is prepared for this case; he is sitting for Steve Wagner, who resigned from ZBA effective 9/14/2012.
ALTERNATES PRESENT: Wayne Kilburn
Steve Lewis
Edwina Futtner
STAFF PRESENT: Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the November 1, 2012 Public Hearing/Regular Meeting.
Public Hearing (continued from 9/6/2012)
Chairperson Berstene called the public hearing to order at 7:31 pm in the Madden Room and welcomed new ZBA Commissioner Joseph Kennedy.
Appl. 2764-12 – J.E. Shepard Co./Tim Shepard - request for 39.2 foot variance to Table 3.1.2A to allow lot widths of 160.8 feet (200 ft. required) for properties located at 140 Pleasant Valley Road and 156 Pleasant Valley Road, A-40 zone.
Tim Shepard (156 Pleasant Valley Road) presented additional information regarding the application, with input from Dorothy Pysh (140 Pleasant Valley Road). Both Mr. Shepard and Ms. Pysh stated that they have no financial interest or gain associated with changing the boundary line between their properties. Mr. Shepard stated that a hardship was created in 2003 when the Town allowed one lot to be split into two undersized lots – this should not have been allowed. The property line was based on a natural barrier of Hemlocks, which have since been removed due to disease. Mr. Shepard felt straightening the property line would be the right thing to do at this point. Mr. Shepard and Ms. Pysh felt it would be better for the line to be straighter for conformity, aesthetics and privacy. Their concern is
having the neighbors at 156 Pleasant Valley Road, actually being in the backyard/behind the house of 140 Pleasant Valley Road with the way the line is at present. Ms. Pysh stated that when she purchased 140 Pleasant Valley Road she did not know of the existing variances nor how crooked the property line was until the diseased trees were taken down.
The Commissioners questioned and discussed a number of options in order to determine if there was any possible hardship associated with this variance request.
The public hearing was closed at 8:49 pm.
Chairperson Berstene adjourned the meeting for a break until 9:00 pm.
Deliberative Session:
Appl. 2764-12 – J.E. Shepard Co./Tim Shepard - request for 39.2 foot variance to Table 3.1.2A to allow lot widths of 160.8 feet (200 ft. required) for properties located at 140 Pleasant Valley Road and 156 Pleasant Valley Road, A-40 zone.
Commissioners eligible to deliberate and vote: Thomas Berstene, Teri Dickey-Gaignat, James Kupchunos, Stephen Lewis and Wayne Kilburn.
The Commissioners determined that the reasons the applicant stated for changing the property line did not constitute a hardship.
Motion to: deny Appl #2764-12 as stated, due to no hardship being demonstrated.
Was made by Commissioner Kupchunos
Seconded by Commissioner Kilburn
The motion: carried
Vote: unanimous
Approval of Minutes:
Commissioner Etter stated that his name is Joseph, the correction will be made. Commissioner Etter suggested a modification of the wording on page 1, third sentence of fourth paragraph under Public Hearing to read The applicant stated that their…
Motion to: approve minutes of 9/6/2012, as amended
Was made by Commissioner Berstene
Seconded by Commissioner Lewis
The motion: carried
Vote: yes - Berstene, Dickey-Gaignat, Kilburn, Lewis. Commissioners Etter, Kupchunos, Kennedy and Futtner abstained due to their absence from the 9/6/12 meeting.
Other Business: Election of Vice Chairperson
Chairperson Berstene nominated James Kupchunos for Vice President – 5 yes votes
Commissioner Etter nominated Teri Dickey-Gaignat for Vice Chairperson - 2 yes votes
Commissioner Kupchunos nominated Teri Dickey-Gaignat for Secretary – 7 yes votes
New Zoning Board of Appeals Officers effective November 1, 2012: James Kupchunos, Vice Chairperson and Teri Dickey-Gaignat, Secretary.
New Business:
Commissioner Etter stated that the recording technology for meetings is outdated and copies of tapes are very poor quality. He feels that it is important to have this technology updated/improved as soon as possible. Chairperson Berstene will make the recommendation/request to the Town Planner for follow-up with the Town Manager/Town Council.
Adjournment:
Motion to: adjourn the meeting at 9:33 pm
Was made by Commissioner Kilburn
Seconded by Commissioner Lewis
The motion: carried
Vote: unanimous
Respectfully submitted,
Donna Thompson
Recording Secretary Approved: December 6, 2012
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