AGENDA ZONING BOARD OF APPEALS LINCOLN CENTER HEARING ROOM OCTOBER 24, :00 P.M.

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1 AGENDA ZONING BOARD OF APPEALS LINCOLN CENTER HEARING ROOM OCTOBER 24, :00 P.M. A. PUBLIC HEARINGS BB&K application # Request a variance of Art. II, Sec to change the building from commercial and residential to all residential at 73 West Center Street, Business II and Design Overlay zones. B. BUSINESS MEETING 1. Consideration of Public Hearings 2. Approval of Minutes September 26, 2018 Public Hearing, Business Meeting 3. Acceptance of New Applications LENARDO HENVILLE application # Request a variance of Art. II, Sec to occupy an existing accessory building on a residentially zoned property with two residential units at 93 Wells Street, Residence B zone. 4. Other Business R:\Planning\ZBA\2018\10 - October 24\Agenda 24 OCT 2018.docx

2 TOWN OF MANCHESTER LEGAL NOTICE The Zoning Board of Appeals will hold a public hearing on October 24, 2018 at 7:00 p.m. in the Lincoln Center Hearing Room, 494 Main Street, Manchester, Connecticut to hear and consider the following application: BB&K application # Request a variance of Art. II, Sec to change the building from commercial and residential to all residential at 73 West Center Street, Business II and Design Overlay zones. At this hearing interested persons may be heard and written communications received. A copy of this petition is on file in the Planning Department and may be inspected during normal business hours. James R. Stevenson, Chair Zoning Board of Appeals R:\Planning\ZBA\2018\10 - October 24\Legal Notices\PH Notice 24 OCT 2018.docx

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5 Town of Manchester, CT Manchester GIS, CRCOG Town of Manchester, CT DISCLAIMER: This map is compiled from other maps, deeds, dimensions and other sources of information. Not to be construed as accurate surveys and subject to final changes as a more accurate survey may disclose. NOTES:Original planimetric and topographic data were compiled by stereophotogrammetric methods from photography dated April 1999 in accordance with ASPR accuracy standards for 1inch = 40ft large scale Class I mapping. The updating of the GIS data is performed by the GIS/Maps & Records Unit on a continual basis utilizing the best and most appropriated sources available. 1 inch = 165 feet Author: µ Date: 10/17/2018

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8 MINUTES OF PUBLIC HEARING HELD BY THE ZONING BOARD OF APPEALS LINCOLN CENTER HEARING ROOM SEPTEMBER 26, 2018 DRAFT MEMBERS PRESENT: ALTERNATES PRESENT: ABSENT: ALSO PRESENT: James Stevenson, Chairman Robert Haley, Secretary Edward Slegeski Bonnie Potocki Sandra DeCampos, Sitting Albert Gionet, Vice Chair Linda Harris John Topping Matthew Bordeaux, Senior Planner James Davis, Zoning Enforcement Officer Nancy Martel, Recording Secretary The Chair opened the Public Hearing at 7:00 P.M. The Secretary read the legal notice for the application when the call was made. JEFFREY R. SNYDER Application # Request a variance of Art. II, Sec to allow an A/C condenser 8.5 ft. from the side property line (10 ft. required) at 39 Green Manor Road, Residence A zone. Mr. Jeffrey Snyder, 35 McGrath Drive, Middletown, CT, introduced himself. He stated that the condenser was installed 8.5 ft. from the property line, 1.5 ft. closer than the zoning regulations allow, and was placed using his best judgment. The condenser was placed between the homeowner s garage and the neighbor s garage, he reported, as it was his opinion that was the best location. Mr. Snyder went on to describe the surrounding areas of the property, which precluded an alternative placement for the condenser. Mr. Stevenson questioned whether a permit was pulled for the work. Mr. Snyder replied affirmatively. Mr. Stevenson asked if the location of the condenser was noted on the application. Mr. Snyder explained that, in other towns that he works in, the process is significantly different, and thus he used his best judgment. He noted that the mechanical inspection was approved, and after the unit was installed, he learned of the issue with its location. Mr. Stevenson asked Mr. Davis whether the location of the condenser was on the application. Mr. Davis reported the application was before him. He explained that Mr. Snyder stated he would maintain the 10 ft. distance from the left property line. However, Mr. Davis noted, based on the scaling of the best available mapping, there appeared to be 12 ft., and the applicant ZBA PH 9/26/18 1

9 showed the condenser at that location. After the Building Official made his approval, the subsequent inspection failed, as the condenser was 8.5 ft. from the property line, according to Mr. Davis. Ms. Potocki asked if there was discussion with the abutting property owners about the property lines. Mr. John Michael King, 39 Green Manor Road, introduced himself. He reported that the neighbor agreed to the location. Ms. Potocki questioned whether the neighbor would be willing to submit a statement for the file. Mr. King stated he was sure the neighbor would. Mr. Stevenson inquired whether the abutters had been notified of the application. Mr. Bordeaux stated they had been, and reminded the members that an amendment to the zoning regulations to require the placement of signs for public hearings was recently approved. Ms. Potocki questioned whether the Planning Department received notification that the certified letters had been received. Mr. Bordeaux assumed they had, though he had nothing in the file. Ms. Potocki asked if there is a proof of mailing. Mr. Bordeaux stated it does not appear to be in the file, though he was certain they had been mailed. Ms. Potocki suggested that in the future there should be proof of mailing for applications. Mr. Haley asked Mr. King whether his hardship would be the size of his lot. Mr. King agreed. Mr. Bordeaux stated there were no outstanding comments from Staff, and reported that a note in the file states that letters were sent on September 14 th. Mr. Bordeaux posted the sign himself at that location, he said. There were no members of the public to speak on the application. CHAD MALONE Application Request a variance of Art. II, Sec to allow a deck 7 ft. +/- from the side property line (15 ft. required) and 33 ft. +/- from the front property line (50 ft. required) at 395 Highland Street, Rural Residence zone. Mr. Chad Malone, 395 Highland Street, introduced himself. Mr. Malone explained the variance is to improve the deck on his home. He noted he has made many improvements to his home and the deck would be his next project. As the deck is currently constructed, he stated, it is too narrow to be very useful. Mr. Malone stated the home was built in 1876, well before the advent of the zoning requirements. He stated the current location of the house is a hardship. ZBA PH 9/26/18 2

10 Mr. Slegeski reported he had visited Mr. Malone s property. He questioned whether Mr. Malone would change some of the lumber that exists if he builds the new deck. Mr. Malone stated that, in his opinion, the existing lumber could remain, as he did not want to make it a larger project than necessary. Mr. Slegeski asked if Mr. Malone knew the age of the current decking. Mr. Malone stated he was not sure. Mr. Haley asked if there would be a roof on the deck, and Mr. Malone reported that there will not be. Mr. Haley questioned whether the railings on the current deck would be retained. Mr. Malone noted that he will remove the current railings. Mr. Haley said he assumed the hardship is the fact that the house was built prior to zoning. Mr. Malone explained that the house s location on the property makes it very difficult to replace the deck. He reported he had been given letters by his neighbors, who approve of the plan. Ms. Potocki asked if the neighbors letters were in the file. Mr. Bordeaux reported that he had received four letters signed by neighbors at 427 Highland Street, 646 Porter Street, 363 Highland Street and 544 Porter Street. Mr. Stevenson asked Mr. Bordeaux to read the names into the record. Mr. Bordeaux read the names as William Fogma, Rita Borden, Tim Bonin, and Amy Dougan. Mr. Dick Borden, 646 Porter Street, introduced himself. Mr. Borden reported that his property s south boundary abuts Mr. Malone s property. He stated that Mr. Malone has done a fine job of cleaning and improving the property. Mr. Borden reported that he had been to Mr. Davis s office to review the plans, and Mr. Bordeaux explained the plans in detail. The proposal would be an improvement to the property and he has no objection, he said. Mr. Borden stated that the variances are very minor and he recommended the members approve the variance. Mr. Bordeaux reiterated that the home predates the dimensional requirements. The side yard variance, he noted, would not increase the non-conformity. I certify these minutes were adopted on the following date: Date James Stevenson, Chair NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN BE HEARD IN THE PLANNING DEPARTMENT. ZBA PH 9/26/18 3

11 MINUTES OF BUSINESS MEETING HELD BY THE ZONING BOARD OF APPEALS LINCOLN CENTER HEARING ROOM SEPTEMBER 26, 2018 DRAFT MEMBERS PRESENT: ALTERNATES PRESENT: ABSENT: ALSO PRESENT: James Stevenson, Chairman Robert Haley, Secretary Edward Slegeski Bonnie Potocki Sandra DeCampos, Sitting Albert Gionet Linda Harris John Topping Matthew Bordeaux, Senior Planner James Davis, Zoning Enforcement Officer Nancy Martel, Recording Secretary The Chair opened the Business Meeting at 7:25 P.M. CONSIDERATION OF PUBLIC HEARINGS: JEFFREY R. SNYDER Application # Request a variance of Art. II, Sec to allow an A/C condenser 8.5 ft. from the side property line (10 ft. required) at 39 Green Manor Road, Residence A zone. MOTION: Mr. Haley moved to approve the variance. Ms. DeCampos seconded the motion and all members voted in favor. The hardship and reason for the approval are the small size of the lot and that this is the best available location for the A/C condenser. CHAD MALONE Application Request a variance of Art. II, Sec to allow a deck 7 ft. +/- from the side property line (15 ft. required) and 33 ft. +/- from the front property line (50 ft. required) at 395 Highland Street, Rural Residence zone. MOTION: Ms. Potocki moved to approve the variance. Ms. DeCampos seconded the motion and all members voted in favor. The hardship and reasons for the approval are that the dwelling predates zoning, the proposal is in harmony with the neighborhood, and there would be a slight increase in nonconformity. REQUEST FOR EXTENSION: ZBA BM 9/26/18 1

12 CHRISTY, KELLY & SHARON MORIN - REQUEST FOR EXTENSION Application # Request a variance of Art. II, Sec (a) to allow an indoor arena with a height of 25 ft. (18 ft. maximum height permitted), a variance of Art. IV, Sec to allow a horse barn for boarding and riding lessons, a variance of Art. IV, Sec to keep up to 30 horses in the rear yard (10 horses permitted), and a variance of Art. IV, Sec to allow a stable 20 ft. (60 ft. required) from the building line of any abutting undeveloped lot at 271 Bush Hill Road, Rural Residence Zone. Mr. Bordeaux explained that members of the family are undecided about whether to pursue the application, because of the number of variances and neighbors concerns. This request for extension would put them at the limit of their statutory timeline, according to Mr. Bordeaux, and he has explained that to the applicants. MOTION: Ms. DeCampos moved to approve the request for extension until October 24, Ms. Potocki seconded the motion and all members voted in favor. APPROVAL OF MINUTES: MOTION: Mr. Haley moved to approve the minutes as written. Ms. DeCampos seconded the motion and all members voted in favor. RECEIPT OF NEW APPLICATIONS: BB&K Application # Request variances of Art. II, Sec and to change the building from commercial and residential to all residential at 73 West Center Street. MOTION: Mr. Haley moved to adjourn the meeting. I certify these minutes were adopted on the following date: Date James Stevenson, Chair NOTICE: A DIGITAL RECORDING OF THIS PUBLIC HEARING CAN BE HEARD IN THE PLANNING DEPARTMENT. ZBA BM 9/26/18 2

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