TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Action
Minutes 1 January 3, 2013
MEMBERS PRESENT: Thomas Berstene, Teri Dickey-Gaignat, Joseph Etter, Joseph Kennedy, James Kupchunos
ALTERNATES PRESENT: Wayne Kilburn
STAFF PRESENT: Pamela Oliva, Zoning Enforcement Officer
Donna Thompson, Recording Secretary
The following are motions made during the January 3, 2013 Public Hearing/Regular Meeting.
Chairperson Berstene called the public hearing to order at 7:37 pm in the Madden Room.
The Recording Secretary read the legal notice into the record.
Public Hearing
Appl. 2766-12 – Sign Pro Inc./Kyle Niles - request for a variance to Table 6.5.9A to allow a third sign on the Farmington Bank building on property located at 350 Buckland Road, Buckland Road Gateway Development zone (Continued from 12/6/2012).
Kyle Niles, Sign Pro Inc. and Ken Burns, Farmington Bank represented the applicant.
Public Hearing closed at 7:50 pm.
Appl. 2767-12 – Kelley Hedley - request for a variance to Section 2.14.C.1 and 20 ft variance to Table 3.1.2A for the expansion of a non-conforming structure to add an addition to the existing garage that will be 0 ft from the side property line (20 ft required); and variances to Section 7.1.4.A.1 and 7.1.4.A.2 to allow the expansion of an accessory building into a Detached In Law/Accessory Apartment that does not maintain required setback for a principle structure, on property located at 1139 Main Street, A-40 zone.
Kelley Hedley presented the application. Builder, David Place reviewed the plans for the Commissioners.
Two residents spoke in favor of the application.
Public hearing closed at 8:22 pm.
Deliberative Session
Appl. 2766-12 – Sign Pro Inc./Kyle Niles - request for a variance to Table 6.5.9A to allow a third sign on the Farmington Bank building on property located at 350 Buckland Road, Buckland Road Gateway Development zone.
Motion to: deny Appl. #2766-12 on the basis that there was no hardship
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried 4 - 1
Vote: 4 yea – Berstene, Kupchunos, Dickey-Gaignat, Etter; 1 nay - Kennedy
Appl. 2767-12 – Kelley Hedley - request for a variance to Section 2.14.C.1 and 20 ft variance to Table 3.1.2A for the expansion of a non-conforming structure to add an addition to the existing garage that will be 0 ft from the side property line (20 ft required); and variances to Section 7.1.4.A.1 and 7.1.4.A.2 to allow the expansion of an accessory building into a Detached In Law/Accessory Apartment that does not maintain required setback for a principle structure, on property located at 1139 Main Street, A-40 zone.
Motion to: deny variance to Section 2.14.C.1 on Appl. #2767-12 due to lack of hardship
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried 4 - 1
Vote: 4 yea – Berstene, Kupchunos, Dickey-Gaignat, Etter; 1 nay - Kennedy
Motion to: deny variance to Table 3.1.2A on Appl. #2767-12 due to lack of hardship
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried 3 - 2
Vote: 3 yea – Kupchunos, Dickey-Gaignat, Etter; 2 nay – Berstene, Kennedy
Motion to: approve variance to Section 7.1.4.A.1 on Appl. #2767-12, with conditions:
1. The expansion of the accessory building is for an in-law apartment not to exceed 800 square feet.
2. The site plan must be approved by PZC.
Was made by Commissioner Kupchunos
Seconded by Commissioner Dickey-Gaignat
The motion: carried 4 - 0
Vote: 4 yea – Berstene, Kupchunos, Dickey-Gaignat, Kennedy; 1 abstention - Etter
Motion to: deny variance to Section 7.1.4.A.2 on Appl. #2767-12 due to lack of hardship
Was made by Commissioner Kupchunos
Seconded by Commissioner Dickey-Gaignat
The motion: carried 4 - 1
Vote: 4 yea – Berstene, Kupchunos, Dickey-Gaignat, Etter; 1 nay - Kennedy
Approval of Minutes:
Motion to: approve minutes of 12/6/2012, as revised
Was made by Commissioner Etter
Seconded by Commissioner Dickey-Gaignat
The motion: carried 5 - 0
Vote: unanimous
Old Business:
Chairperson Berstene reviewed costs associated with processing ZBA applications, such as advertising and the State of CT fee as a preliminary step toward revising the application fee for a variance. For example: for each application there are three advertisements at $78.70 (minimum) equaling $236.10, plus the State fee of $60.00, totaling $296.10. The current application is $190.00. Chairperson Berstene will distribute information to Commissioners for use in determining a reasonable fee adjustment.
New Business:
Chairperson Berstene requested that each Commissioner submit their recommendations for by-laws revisions to the recording secretary for incorporation into a draft document that will be presented at the next meeting.
Adjournment:
Motion to: adjourn the meeting at 10:09 pm
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Kupchunos
The motion: carried 4 - 1
Vote: 4 yea – Berstene, Kupchunos, Dickey-Gaignat, Kennedy; 1 nay – Etter.
Respectfully submitted:
Donna Thompson
Recording Secretary
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