Portland Zoning Board Delays Decision On Garage And Deck Variances At Glastonbury Turnpike Property

PORTLAND, CT — The Zoning Board of Appeals voted unanimously Oct. 22 to continue a public hearing on three setback variances for a garage and second-story deck at 674 Glastonbury Turnpike, pending further review by legal counsel.

The application, submitted by Mygiabentley LLC, seeks relief from the town's zoning regulations for construction that does not meet required setbacks. The property is identified as Assessor's Map 91, Lot 10, in the R-25 zone.

The requested variances include:

• A rear yard setback of 38.68 feet instead of the required 40 feet for a garage.
• A side yard setback of 13.57 feet instead of the required 15 feet for the garage.
• A rear yard setback of 26.59 feet instead of the required 40 feet for a second-story deck and staircase.

Attorney George Law, representing the applicant, told the board that the property was purchased in 2024 and has undergone substantial improvements.

Law said plans were changed during construction to relocate a carport from the south side of the property toward the rear to improve access and circulation.

According to Law, the contractor began preparing the site and construction proceeded before the setback problems were discovered. Work stopped after the violations became known.

Law said the discrepancies would not have been apparent to an ordinary observer and that obtaining additional land from a neighboring property owner was not an option.

He argued that removing the completed construction would impose substantial financial hardship on the property owner.

Law also said the northern neighbor supported the application and that another adjoining parcel belonged to the state of Connecticut. He maintained that the variances would have little or no effect on neighboring properties, public health or property values.

Board member Michael Lastrina asked about a zoning violation issued for the property. Zoning Enforcement Officer Henry Colangelo said the violation concerned the deck and that the site map was revised after the problem was identified.

Board Chairman Kurt Peterson questioned why construction had deviated from the original plans and why the applicant had not returned to the board when the changes occurred.

Peterson said he was uncomfortable approving a hardship claim without first obtaining the positions of legal counsel and the appropriate town department.

Lastrina also raised questions about whether setback requirements should be applied differently to a foundation at ground level and an elevated structure.

Board member Jack Sterry observed that the construction was not readily visible.

Peterson said the board could not determine whether the setback violations had been intentional and indicated he would support postponing a decision until counsel reviewed the matter.

No members of the public spoke during the hearing.

Lastrina moved to continue the hearing, with Bob Casati seconding. The motion passed unanimously, with no opposition or abstentions recorded.

The board did not approve or deny the requested variances.

Board Approves Previous Meeting Minutes

In other business, the board unanimously corrected the date of its previous meeting minutes, changing the date listed on the agenda from May 26 to May 28, 2026.

The board then approved the May 28 minutes, with Chris Darby, Kurt Peterson, Barbara Sequenzia and Robert Wildermuth voting in favor. Bob Casati, Michael Lastrina and Jack Sterry abstained.

There was no new business or public comment during the regular meeting.

The meeting, held at 265 Main St., adjourned at 7:54 p.m.