TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
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).
Chairperson Berstene stated that the Commissioner wishing to review the bank’s plans filed in the Planning Department had done so.
Kyle Niles, Sign Pro Inc., and Ken Burns, Farmington Bank, represented the applicant.
Mr. Burns stated that the hardship is due to the shape and angle of the lot in relation to Buckland Road and that the third sign on the south elevation is necessary because of the access management regulations that will be bringing traffic through the development from the entrance off Buckland Road. The two signs already on the building face Deming and Buckland. These signs are necessary identifiers also.
Mr. Niles stated that Farmington Bank usual has a free standing sign for their building and this would eliminate the need for additional building signage. But in this case, the development will have the free standing sign and this prevents Farmington Bank from having one.
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.
Ms. Hedley stated that the apartment would be for the use of her mother due to physical and health issues; that the property line is between two properties that belong to her; she can’t combine the two properties at this time due to a loan on the land lot; that expanding in the opposite direction would pose a safety concern for the horses due to blocking visibility to the paddock/barn area from the house; and had not considered expanding to the rear of the existing building which would put all the rooms in a straight line.
Two residents spoke in favor of the application. Jonathan Singer, 1155 Main Street and Denise Douglas, 1139 Main Street.
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
Approved: April 4, 2013
| 
