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AGENDA ZONING BOARD OF APPEALS VIRTUAL MEETING TO BE HELD VIA ZOOM DECEMBER 2, 2020 7:00 P.M. Individuals who wish to speak at or attend the virtual meeting must complete a Request to Speak form, available at https://manchesterct.seamlessdocs.com/f/RequestToSpeakPlanning, by 4:30 p.m. on the day of the meeting. These individuals will need to join the Zoom meeting and will be allowed to speak when directed by the Chairman. Zoom meeting information will be sent to individuals who complete a Request to Speak form. Only individuals who complete a Request to Speak form will be allowed to join the Zoom meeting. A. PUBLIC HEARINGS VICTORIA & EUGENE GRISHTAEV - application #2020-075 - Request variances of Art. II, Sec. 5.01.01 and Sec. 5.01.02 to allow a deck +/- 7.5 ft. from the east property line (9 ft. required), to allow the two side yards to total +/- 18.6 ft. (20 ft. required), and to allow a deck +/-22.6 ft. from the rear property line (26.3 ft. required) at 54 Rossetto Drive, Residence B zone. B. BUSINESS MEETING 1. Consideration of Public Hearings 2. Approval of Minutes October 28, 2020 Public Hearing, Business Meeting 3. Adoption of 2021 Meeting Schedule 4. Acceptance of New Applications 5. Other Business

AGENDA ZONING BOARD OF APPEALS VIRTUAL MEETING TO …planning1.townofmanchester.org › NewPlanning › assets...The Zoning Board of Appeals will hold a virtual public hearing on December

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  • AGENDA

    ZONING BOARD OF APPEALS

    VIRTUAL MEETING TO BE HELD VIA ZOOM

    DECEMBER 2, 2020

    7:00 P.M.

    Individuals who wish to speak at or attend the virtual meeting must complete a Request to Speak

    form, available at https://manchesterct.seamlessdocs.com/f/RequestToSpeakPlanning, by 4:30

    p.m. on the day of the meeting. These individuals will need to join the Zoom meeting and will

    be allowed to speak when directed by the Chairman. Zoom meeting information will be sent to

    individuals who complete a Request to Speak form. Only individuals who complete a Request to

    Speak form will be allowed to join the Zoom meeting.

    A. PUBLIC HEARINGS

    VICTORIA & EUGENE GRISHTAEV - application #2020-075 - Request variances of

    Art. II, Sec. 5.01.01 and Sec. 5.01.02 to allow a deck +/- 7.5 ft. from the east property

    line (9 ft. required), to allow the two side yards to total +/- 18.6 ft. (20 ft. required), and

    to allow a deck +/-22.6 ft. from the rear property line (26.3 ft. required) at 54 Rossetto

    Drive, Residence B zone.

    B. BUSINESS MEETING

    1. Consideration of Public Hearings

    2. Approval of Minutes

    October 28, 2020 – Public Hearing, Business Meeting

    3. Adoption of 2021 Meeting Schedule

    4. Acceptance of New Applications

    5. Other Business

    https://manchesterct.seamlessdocs.com/f/RequestToSpeakPlanninghttps://www.google.com/maps/place/54+Rossetto+Dr,+Manchester,+CT+06042/@41.8015753,-72.5315343,3a,75y,164.74h,90t/data=!3m7!1e1!3m5!1s3vNTkXhH3uMY_q2BBVGHjA!2e0!6s%2F%2Fgeo3.ggpht.com%2Fcbk%3Fpanoid%3D3vNTkXhH3uMY_q2BBVGHjA%26output%3Dthumbnail%26cb_client%3Dsearch.gws-prod.gps%26thumb%3D2%26w%3D86%26h%3D86%26yaw%3D164.73717%26pitch%3D0%26thumbfov%3D100!7i13312!8i6656!4m5!3m4!1s0x89e6578e306fb051:0x44cb7876acf2974f!8m2!3d41.8013747!4d-72.5314589https://www.google.com/maps/place/54+Rossetto+Dr,+Manchester,+CT+06042/@41.8015753,-72.5315343,3a,75y,164.74h,90t/data=!3m7!1e1!3m5!1s3vNTkXhH3uMY_q2BBVGHjA!2e0!6s%2F%2Fgeo3.ggpht.com%2Fcbk%3Fpanoid%3D3vNTkXhH3uMY_q2BBVGHjA%26output%3Dthumbnail%26cb_client%3Dsearch.gws-prod.gps%26thumb%3D2%26w%3D86%26h%3D86%26yaw%3D164.73717%26pitch%3D0%26thumbfov%3D100!7i13312!8i6656!4m5!3m4!1s0x89e6578e306fb051:0x44cb7876acf2974f!8m2!3d41.8013747!4d-72.5314589

  • TOWN OF MANCHESTER

    LEGAL NOTICE

    The Zoning Board of Appeals will hold a virtual public hearing on December 2, 2020 at 7:00

    p.m. to hear and consider the following application:

    VICTORIA & EUGENE GRISHTAEV - application #2020-075 - Request variances of Art. II,

    Sec. 5.01.01 and Sec. 5.01.02 to allow a deck +/- 7.5 ft. from the east property line (9 ft.

    required), to allow the two side yards to total +/- 18.6 ft. (20 ft. required), and to allow a deck +/-

    22.6 ft. from the rear property line (26.3 ft. required) at 54 Rossetto Drive, Residence B zone.

    At this virtual hearing interested persons may be heard and written communications received.

    Individuals who wish to speak at or attend the virtual meeting must complete a Request to Speak

    form, available at https://manchesterct.seamlessdocs.com/f/RequestToSpeakPlanning, by 4:30

    p.m. on the day of the meeting. These individuals will need to join the Zoom meeting and will

    be allowed to speak when directed by the Chairman. Zoom meeting information will be sent to

    individuals who complete a Request to Speak form. Only individuals who complete a Request to

    Speak form will be allowed to join the Zoom meeting. Individuals may also submit comments in

    writing to the Planning and Economic Development Department via email to

    [email protected], or by mail to the Planning Department, 494 Main Street, P.O.

    Box 191, Manchester, CT 06045-0191. All written comments will be presented and recorded as

    part of the hearing. Information about these applications will also be available online at

    http://planning.townofmanchester.org by the Friday before the hearing.

    James R. Stevenson, Chair

    Zoning Board of Appeals

    R:\Planning\ZBA\2020\12 - December 2\Legal Notices\Public Hearing Notice 02 DEC 2020.docx

    https://manchesterct.seamlessdocs.com/f/RequestToSpeakPlanningmailto:[email protected]://planning.townofmanchester.org/

  • TOWN OF MANCHESTER

    PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT

    TO: Zoning Board of Appeals

    FROM: Megan Pilla, Senior Planner

    DATE: November 25, 2020

    RE: Victoria & Eugene Grishtaev – Application #2020-075

    54 Rossetto Drive – Residence B zone

    Introduction

    The applicant is requesting variances of Art. II, Sec. 5.01.01 and Sec. 5.01.02 allow a deck +/-

    7.5 ft. from the east property line (9 ft. required), to allow the two side yards to total +/- 18.6 ft.

    (20 ft. required), and to allow a deck +/- 22.6 ft. from the rear property line (26.3 ft. required) at

    54 Rossetto Drive, Residence B zone.

    Variance Request

    Article II, Section 5.01.02, which outlines the area, height, and bulk dimensional standards of

    two-family dwellings in the Residence B zone, specifies the minimum required side yard setback

    is 8 feet with the two side yards totaling 20 feet. Article II, Section 5.01.01 specifies the

    minimum required rear yard setback is 25% of the lot depth, which equals 26.3 feet. The

    applicant is requesting a variance of the minimum side yard setback to allow a deck 7.5 feet from

    the east property line with the two side yards totaling 18.6 feet, and a variance of the minimum

    rear yard setback to allow a deck 22.6 feet from the rear property line.

    Attached to this memo are the ZBA application prepared by the applicant, a location map, plans,

    narrative and site photos provided by the applicant, and signatures of support from neighbors.

    Staff Review

    Town staff has reviewed the plans and documents submitted with the application and a report on

    the status of those comments will be provided to the Board at the December 02, 2020 meeting.

    mp/kw R:\Planning\ZBA\2020\12 - December 2\Packet\2020-075 Grishtaev - Memo.docx

    Attachments

  • TOWN OFIUANCHE,STERZONING BOARD OF APPEALSIrNSTr{UCTTONS ON REVtruSE SrDE]

    ffi VARIANCE - COMPLETE I through 5 (a, b, c) &.7

    I srnclAl ExcEpTION - COMPLETE 1 through 4,6 8L 7[] nnruAL FRoM ORDER - CoMpLE'f]l 1 ttirough 4, & 7I . Location of affected premises:

    Application No.

    Date:

    5,1 Err=s,-\[- ]r BNo. Street Zoning District2. ^ppti"-,t:@ aao."*,S4-fossrlt} $t.r-h,S\rg df @ll

    Ot ner of recordofland: Address: ( p,e*Agent/Atto*.V,' ddress:

    ibe request:

    4. List previous applications madc with respect to this property:

    Date(s):

    5. VARIANCFI of the following Scction(s) of thc Zoning Regulations is requested:

    rurrst,iff#S,; iblr.,t*h$.*frRion, would produce uND HARDSHIP becaus. e*-ra*s" ,r-,.**-" Qo.* [, r toHa *,- n*k- (*$ ,gr J hJ *,,- :.i-1

    (b) The hardship crcated is UNIQUE and not shared by all propcrties alike in the neighborhood because

    (c) The variance would not change the CIIARACTER oF THE NEIGHBoRH0oD because ,t ,^.,c,,.\ b,..r,

  • UNION POND

    HOCKANUM RIVERIndustrial

    Residence B

    Residence BRural Residence

    Rural Residence

    Rural Residence

    Rural Residence

    Residence B

    Planned Residence Development

    Rural Residence

    Rural Residence

    Residence C

    Residence C

    Industrial

    Planned Residence Development

    Planned Residence Development

    Residence C

    Residence C

    Residence B

    Residence B

    Industrial

    Residence B Residence B

    Residence B

    Residence B

    Planned Residence Development

    Residence B

    Rural ResidenceTown ofManchester, CTGeographic Information Systems

    DISCLAIMER:The Town of Manchester, CT assumes no legal responsibility forthe information contained in this map. This map is provided "AS IS"without warranty of any kind.NOTES:Planimetric and topographic information were compiled by stereophotogrammetric methods from photography dated April 24,1999 in accordance with ASPR accuracy standards for 1"=40'large scale Class I maps. Real property compiled from recorded deeds, subdivision plans and other public records. Utility networkscompiled from record plans, as-builts and/or field survey data. Aerial photography dated April 24, 1999..70 0 70 140 210 280FeetDate: 11/24/2020

    LEGENDTown BoundaryProperty LinesBridgesRoads

    1 inch = 300 feet

    Project Location

    Project Location Map54 Rossetto Dr.

  • FOUNDAI-ION SHOWNA5 LOCATED

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    BE.ING LOT 8 O N A MAP ENT ITLED PLOT P LANPROPC]SED "MALLARD VI EW" SUBDIViSICIN, SCALE.I".4O',DATE,D 5.26.8--7, REVIStrD TO O.IO.67 BY TU55 E O'NEILL, INC

    I HEREBY DE.CLARE TUAT THIS MAP I5SUBSI--ANTIALLV CORRECT AND'1-}.IAT NOZONING RE.GULA]-IONS ARE VIOLA-I.ED WITHRESPE,CT TO THE trOUNDATION LOCA.rIC)N

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    PLAN PREPARED PORBLANCHARD 1

    ROSSETTOROSSETTO DR. MANCHESTER. C

    REVISI

    VER. DATUMHOR, : lN.= aO FT.

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    72" off backof foundation

    40" off sideof foundation

    22.6' from rearproperty line

    7.5' from sideproperty line

  • MINUTES OF PUBLIC HEARING

    HELD BY THE ZONING BOARD OF APPEALS

    VIRTUAL MEETING HELD VIA ZOOM

    OCTOBER 28, 2020

    MEMBERS PRESENT: James R. Stevenson, Chair

    Robert Haley, Vice Chair

    Keshet Spadaccini, Secretary

    Edward Slegeski

    ALTERNATES PRESENT: Linda Harris, Sitting

    ABSENT: Albert Gionet

    Sandra DeCampos

    Jonathan Mitchell

    ALSO PRESENT: Megan Pilla, Senior Planner

    Katie Williford, Administrative Secretary

    The Chair opened the Public Hearing at 7:03 p.m. The Secretary read the legal notice for the

    application when the call was made.

    FORAN BROS. CONTRACTORS, INC. – Application #2020-071 – Request a variance of

    Art. II, Sec. 5.01.01 to construct an attached second family residence with a garage 9 feet from

    the rear property line (30 feet required) at 235 Union Street, Residence B zone.

    Mr. Anthony Foran, Foran Brothers Contractors, Inc., 694 Goodwin Street, East Hartford,

    introduced himself. Mr. Foran stated that he represented the owners of 235 Union Street, who

    wish to add an attached second family residence to the existing house. After discussions with the

    Zoning Enforcement Officer about the options of adding an in-law apartment or making the

    house a two-family, it was determined that the two-family would be a better option because the

    property is zoned to allow two-family houses, Mr. Foran said.

    Mr. Foran said the proposal meets all of the zoning requirements, except for the 30 ft. rear yard

    setback. He explained that the structure requires some considerations because of handicap use,

    which is the reason for the encroachment into the setback. Mr. Foran displayed the plot plan

    showing the existing building and proposed second family dwelling. The proposed garage would

    encroach on the rear yard setback, he said, noting that the encroachment would affect a parking

    lot on the abutting property, while the abutting residence is further away.

    Mr. Foran explained that a 24-ft. garage is needed to accommodate a handicap van that has a side

    entry with an 8 ft. ramp that comes out of the side of the van, so the garage is larger than a

    normal one-car garage.

    Mr. Foran displayed a floorplan, cross sections, and an elevation from Jefferson Street looking

    toward the property.

    DRAFT

  • ZBA – PH – 10/28/20 – 2

    The reason for the attached addition is that the family wants to be able to go into their daughter’s

    home, Mr. Foran said. There will be a passageway into the existing home.

    Mr. Stevenson asked if any members of the board had questions.

    Mr. Haley asked whether there will be a ramp coming out of the addition on the front door. Mr.

    Foran said that there would not. Mr. Haley asked how the handicapped person would get out if

    there were a fire in the garage. Mr. Foran said that the allowed lot coverage is 3,506 sq. ft. and

    only 3,210 sq. ft. are proposed, so a ramp could be added there. A ramp was not proposed there

    due to aesthetics, but Mr. Foran acknowledged that Mr. Haley raised a good point about a second

    means of egress. He asked if adding the ramp would require an approval through Building or

    Zoning. Ms. Pilla replied that it would be through the Building Department, because this

    application is for the variance for the rear yard setback.

    In response to a question from Mr. Haley, Mr. Foran confirmed that the addition would be within

    the setback limit without the garage.

    Mr. Slegeski asked for an explanation of the office shown on the floor plan. Mr. Foran said it

    was a home office for Irene Fitzgerald, who would be moving into the home with her husband.

    In response to questions from Mr. Slegeski, Mr. Foran explained that three people would be

    moving into the addition: The homeowner’s parents, one of whom is in a wheelchair, and the

    homeowner’s brother, who has special needs.

    Mr. Slegeski said he only saw one bedroom on the plans. Mr. Foran pointed out the second

    bedroom above the garage, which is for the homeowner’s brother.

    In response to questions from Mr. Slegeski, Mr. Foran explained that there is a combination

    kitchen and living room for the family next to the office, and the homeowners are also proposing

    a kitchen remodel in the existing house, which does not have any zoning issues.

    Ms. Spadaccini asked if there had been any responses from neighbors. Mr. Foran said they had

    not heard from any neighbors. Ms. Pilla confirmed that no comments were received from

    neighbors.

    Mr. Stevenson said he had questioned the stairs shown on the plans, because the application

    referred to “no stairs living,” but the explanation that another relative will live above the garage

    answered that question. He asked if there will be separate utilities and Mr. Foran confirmed that

    there will be. He explained that that was part of the reason for proposing a two-family instead of

    an in-law apartment, so the family has the asset of being able to sell it as a two-family in the

    future. The Zoning Enforcement Officer had explained that having an in-law apartment would

    restrict who could move in to that new addition.

    Ms. Irene Fitzgerald, 64 Walker Street, Manchester, thanked the board for their consideration

    and said she was available if anyone had questions related to her husband’s need. She said they

    wanted to improve his quality of life and socialization with his family.

  • ZBA – PH – 10/28/20 – 3

    Ms. Pilla said there were no outstanding Staff comments on the application itself. She had one

    comment on the site plan. Ms. Pilla explained that, because there is no existing plot plan, Mr.

    Foran used the GIS plan. In the process of reviewing the application, Staff found a discrepancy

    in the representation of the street line on the south side of Jefferson Street in the Town’s GIS,

    which is currently being addressed by Staff. Staff verified the monuments in the field, and the

    street line is further north than it is represented on the plan. The actual location of the street line,

    which is the property line, is approximately at the location of the existing fence on the property,

    Ms. Pilla said.

    The public hearing on application #2020-071 was closed and the public hearing portion of the

    meeting was closed at 7:25 p.m.

    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.

    kmw

  • MINUTES OF BUSINESS MEETING

    HELD BY THE ZONING BOARD OF APPEALS

    VIRTUAL MEETING HELD VIA ZOOM

    OCTOBER 28, 2020

    MEMBERS PRESENT: James R. Stevenson, Chair

    Robert Haley, Vice Chair

    Keshet Spadaccini, Secretary

    Edward Slegeski

    ALTERNATES PRESENT: Linda Harris, Sitting

    ABSENT: Albert Gionet

    Sandra DeCampos

    Jonathan Mitchell

    ALSO PRESENT: Megan Pilla, Senior Planner

    Katie Williford, Administrative Secretary

    The Chair opened the Business Meeting at 7:25 p.m.

    CONSIDERATION OF PUBLIC HEARINGS:

    FORAN BROS. CONTRACTORS, INC. – Application #2020-071 – Request a variance of

    Art. II, Sec. 5.01.01 to construct an attached second family residence with a garage 9 feet from

    the rear property line (30 feet required) at 235 Union Street, Residence B zone.

    MOTION: Mr. Haley moved to approve the variance. Ms. Harris seconded the motion.

    Mr. Haley said that there would not be an issue with the setback without the garage, and the

    garage is necessary for the person with special needs.

    Mr. Stevenson agreed with Mr. Haley. He added that the property is zoned for a two-family

    house, so they only need a variance for the garage. As testified, the impact on the neighbor is

    minimized by the small parking lot that is abutting that part of the property, Mr. Stevenson said.

    He noted that no comments were received.

    All members voted in favor of the motion.

    The hardship was the necessity of safety for a person with special needs.

    APPROVAL OF SEPTEMBER 23, 2020 MINUTES: PUBLIC HEARING AND

    BUSINESS MEETING:

    DRAFT

  • ZBA – BM – 10/28/2020 – 2

    MOTION: Mr. Slegeski moved to approve the minutes as written. Ms. Spadaccini seconded

    the motion and all members voted in favor.

    RECEIPT OF NEW APPLICATIONS:

    Ms. Pilla stated that there were no new applications to accept.

    OTHER BUSINESS:

    Ms. Harris said she had not received the email with the Zoom link for the meeting. Ms. Pilla

    said she would follow up next time to make sure members received the Zoom information.

    The meeting was adjourned at 7:31 p.m.

    I certify these minutes were adopted on the following date:

    ____________________________ __________________________________

    Date James Stevenson, Chair

    NOTICE: A DIGITAL RECORDING OF THIS BUSINESS MEETING CAN BE

    HEARD IN THE PLANNING DEPARTMENT.

    kmw

  • TO: Joseph V. Camposeo, Town Clerk

    FROM: Zoning Board of Appeals

    DATE: TBD

    RE: Proposed Meeting Schedule for the Zoning Board of Appeals

    February 2021 through January 2022

    The following is a list of public hearings to be held by the Zoning Board of Appeals. The

    meetings will be held at 7:00 p.m. in the Lincoln Center Hearing Room, 494 Main Street,

    Manchester, Connecticut. A business meeting will follow the close of the public hearings.

    February 24, 2021

    March 24, 2021

    April 28, 2021

    May 19, 2021

    June 23, 2021

    July 28, 2021

    September 22, 2021

    October 27, 2021

    December 1, 2021

    January 26, 2022

    The Zoning Board of Appeals approved this schedule on ____________________.

    , Chair

    Zoning Board of Appeals

    cc: Zoning Board of Appeals

    Customer Service

    R:\Planning\ZBA\2021\DRAFT 2021 calendar memo - ZBA.docx

    DRAFT

    2020-075 Grishtaev - Photos.pdf20201118_081359 - Rec 11-18-2020201118_081637 - Rec 11-18-2020201118_081711 - Rec 11-18-20