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Zoning Board of Appeals Action Minutes 01-03-2013
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