Simsbury, CT - Zoning Board of Appeals Minutes

ZONING BOARD OF APPEALS MINUTES

I. CALL TO ORDER

Peter Stempien, Chairman, called the Regular Meeting of the Simsbury Zoning Board of Appeals to order at 7:30 p.m. in the Main Meeting Room of the Simsbury Town Offices. The following members were present: Thomas Horan, James Daley, Louis George, Katie Martin and Alternate Andrew Rose. Also in attendance were Howard Beach, Zoning Compliance Officer, Lois Laczko, Commission Clerk and other interested parties.

II. APPOINTMENT OF ALTERNATES

Thomas Horan read the Call.

III. PUBLIC HEARING(s) – DISCUSSION AND POSSIBLE VOTE

1. 06-05 Application of Craig Dubosar, Owner, requesting side yard variances to construct a garage, pursuant to Article 8, Section A of the Simsbury Zoning Regulation on property located at 246 Farms Village Road. B-3 Zone.

Craig Dubosar, Owner, spoke on behalf of his application. He would like to construct a 30-foot wide garage to be used for storage. The problem he has is that the side yard variance for this property is 40-feet. His whole lot is only 60-feet wide. Mr. Dubosar said that this property at one time was part of Tuller Farm. Mr. Horan asked what the garage would be used for. Mr. Dubosar replied said that he is an irrigation contractor and the garage would be used for equipment. The garage door will be on the front of the building facing the roadside. Mr. Daley asked where the proposed garage would be located relative to the mall. Mr. Dubosar said it would be up front and not parallel to the mall. He said that the building is going to be approximately 10-feet into the wetlands buffer and he has already been before the Inland Wetlands Commission and been approved. Chairman Stempien asked if the garage could be pushed forward to be out of the wetlands. Mr. Dubosar said if they go forward they would be too close to the septic system. He said that the space he would like to put the garage is far enough away from the septic system without it going too far into the wetlands. The garage will look like a barn with a cupola on it and possibly be a tan color.

Mr. Beach said that the Design Review Board is trying to keep the character of West Simsbury as rural as a setting as it is currently. The storage garage will look like a barn. Ms. Martin asked where the material is being stored at this time. Mr. Dubosar said in the carriage house, but there is limited room in that location. Mr. Daley asked what the height of the barn would be. Mr. Dubosar said that he is not at the height point yet, but it will not be as high as the barn that is next door.

Chairman Stempien opened the public hearing to public comment. No one in the audience spoke on this application.

Mr. George said that the variance request is for a 25-foot variance for each side. Ms. Martin said that she understands the need for the barn, but feels that the barn is big. She asked the applicant to explain what his hardship is. Mr. Dubosar said that when they work on their equipment they need to be able to drive it into a large garage. A standard size garage will not work as this is commercial equipment. Chairman Stempien asked if the public will have access to this garage. Mr. Dubosar said no as they do not sell retail.

Chairman Stempien closed the public hearing.

Mr. George moved to approve the application of Craig Dubosar, Owner, requesting 25-foot side yard variances as requested to construct a garage, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 246 Farms Village Road. The hardship is based upon the configuration of the lot and the requirements

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under the zoning regulations that do not fit the reasonable use of the property. The garage would be considered a reasonable use in the proposed location. The motion was seconded by Mr. Horan and passed unanimously.

2. 06-06 Application of James Scanlon, Owner, requesting a front yard variance to construct a covered porch along the front of the house, pursuant to Article 8, Section a of the Simsbury Zoning Regulations on property located at 7 Fairchild Road. R-15 Zone.

James Scanlon, Owner, spoke on behalf of his application. He would like to build a covered porch off the front of the house to cover the stairs and protect them from the ice and snow. He said that he has a tight setback on the front of the house. They only have three-feet allowed, and that is not even the width of the door opening out. Mr. Scanlon would like to cover the entrance and leave enough room for a landing on top and also wrap it around the side of the house where the driveway is located to cover the entrance to the garage. He is requesting a 5-foot variance, which would make the entrance to the house more accessible. Mr. Daley asked if the covered porch would extend over where the garage is or up to the garage. Mr. Scanlon said it would extend out in front of the overhang (shown on the picture provided). Mr. Scanlon spoke with the neighbors and said that no one has any problem with his variance request. Mr. Scanlon said that his driveway is two car widths, but the left lane only goes into the garage underneath the house. This is only a one car garage. He said that to the right of the garage is an excavated area that goes back by the house, and the covered porch would make this a covered area for a car. There will not be any doors.

Chairman Stempien opened the public hearing to public comment. No one in the audience spoke on this application.

Chairman Stempien closed the public hearing.

Ms. Martin moved to approve the application of James Scanlon, Owner, for a 5-foot front yard variance to construct a covered porch along the front of the house, pursuant to Article 8, Section a of the Simsbury Zoning Regulations on property located at 7 Fairchild Road. The hardship is based upon safety. The motion was seconded by Mr. Daley and passed unanimously.

3. 06-07 Application of Toni R. Fishman, Owner, requesting a rear yard variance, side yard variance and height variance to construct an addition, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 2 Talcott Mountain Road. R-80 Zone.

Toni Fishman, Owner, spoke on behalf of his application. He said that he is at the meeting requesting a variance for an addition to his home. Mr. Fishman said that this house is quite small, 2,500 square feet, and he would like to increase the size of this house. He said that his hardship is space and also he has a burden of slope rights with tremendous up keep costs of the bank, and also erosion issues. The only direction he can build is to the side and to the rear. Mr. Daley asked Mr. Fishman to show them a topography map. Mr. Fishman showed the Board members a white board showing the entrance to Talcott Mountain Road, and as it comes up the hill the delineations of height are noted on the board. He said that this is a very steep bank. Mr. Beach said that there is about a 40-foot to 50-foot rise from the street up to the house. Mr. Fishman said that they have a tremendous view of the Simsbury valley. Mr. Fishman showed the Board members elevation drawings and what the proposed addition would look like from the front and side.

Mr. Rose said that the drawing says existing garage to be removed where is the new garage going. Mr. Fishman said that the new garage would go in the same place as the existing garage, but will be a two car garage rather than a one car garage.

Chairman Stempien asked what the problem would be if he placed the addition in the front of the house instead of placing it in the rear. Mr. Fishman said that there is a wrap-around deck currently on the front of the house he had built several years ago. Also, the addition would be too close to the slope rights to the town and also would be moving in the direction of the septic field. Mr. Fishman said that there are also retaining walls around the home that

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are built out of fieldstone that prevents a tremendous amount of erosion around the home. There is also a storm drain easement around the property. Mr. Fishman said that the reason he would like to build a two car garage is that he has a recreation vehicle that he would be able to park inside.

Mr. Fishman asked the Board members to look at the plan and the layout of what the architects have actually designed. He said that another hardship is that they have spent quite a bit of money for this architect to come up with this design. Mr. Fishman said that between the site survey and some excavation, the design costs are significant.

Ms. Martin asked Mr. Fishman to show them where the other houses are located in that area. Mr. Fishman showed on the plan where the other houses are approximately located. He said that most all the homes on this street are over 4,000 square feet in size, some over 5,000 square feet. His home, with the addition, would be approximately 3,633 square feet (counting garage). Mr. Daley said that by adding this addition where Mr. Fishman wants it has less impact on erosion. Mr. Fishman said that they would not have to change the driveway layout. He said that if they had done anything on the other side, they would be completely ripping up a whole driveway and trying to figure out how to come across the front lawn. There is very little front lawn to start with and the septic system is located there. Mr. Fishman said that because of the lay of the land in association with the other homes around it he wanted to do something as aesthetically pleasing as possible.

Chairman Stempien opened the public hearing to public comment.

Herbert Fishman, Father of Toni Fishman, said that there is only one flat spot on this property and that is where Toni wants to build the addition. Mr. Fishman said that he is a civil engineer and he feels that this is the best site for Toni to add on to his home.

Dan, friend of Toni, said that he agrees that this spot is the only area that is level ground.

Chairman Stempien closed the public hearing.

Mr. Daley moved to approve the Application of Toni R. Fishman, Owner, requesting a 16-foot rear yard variance, and a 28-foot side yard variance per Site Plan L1 dated August 28, 2000, to construct an addition, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 2 Talcott Mountain Road. The hardship is based upon the topography and lack of suitable locations for this addition. The motion was seconded by Mr. George and passed with a 4-1 vote with Chairman Stempien voting nay.

4. 06-08 Application of Marek Wojtowicz and Nancy Hendryx, Owners, requesting a side yard variance to construct a second bay to a garage, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 27 Carver Circle. R-15 Zone

Ms. Hendryx, Owner, spoke on behalf of her application. She said that they only have a one car garage and would like to construct a second bay to the existing garage. Most of the homes in that area have been built with two car garages or have added a second bay. Ms. Hendryx said that she is asking for a five-foot side yard variance. She showed the Board members pictures of the site. The back yard of the property is steep and not useable. Mr. Daley said that it looks like it would get quite close to the next door neighbors house. The opening to the garage would be approximately 16-feet wide with a double door.

Chairman Stempien opened the public hearing to public comment.

Mrs. Mary Cooney, 29 Carver Circle, is the neighbor who would be closest to the garage addition. She said that she is in favor of this application as is, but did express concern about erosion as her property is lower than Ms. Hendryx’s property. Mr. Beach said that there is only a two foot drop. Ms. Hendryx said that she would tell the builder’s that they needed to put in good drainage on that side of the garage.

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Chairman Stempien closed the public hearing.

Mr. George moved to approve the application of Marek Wojtowicz and Nancy Hendryx, Owners, requesting a 5-foot side yard variance to construct a second bay to a garage, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 27 Carver Circle. The hardship is based upon the topography of the land and lack of other suitable space to expand for reasonable use of the existing garage. The motion was seconded by Ms. Martin and passed unanimously.

5. 06-09 Application of Mark and Andrea Pranaitis, Owners, requesting a front yard variance to relocate an existing shed, pursuant to Article 8, Section A and Article 8, Section B.1 of the Simsbury Zoning Regulations on property located at 26 Branch Brook Drive. R-15 Zone.

Mark Pranaitis, Owner, spoke on behalf of this application. He showed photographs of the back yard and also had letters from neighbors in favor of the application. The house is located at the corner of Branch Brook Drive and Richard Road. As they are a corner lot, the town considers both Branch Brook and Richard Road front yards. He would like a variance to move the existing shed (portable) approximately five-feet into the Richard Road side. The reason that they want to move the shed is that they eventually would like to put an above ground pool into their property (side yard). If they left the shed where it is now, the shed would be too close to the pool. Also, because they have telephone wires in their back yard, they would not want to put the pool under or near the wires. Mr. Pranaitis also showed in another picture where they staked out the existing sewer line routs around the back of the house. A pool also could not go in that location. Mr. Pranaitis showed on a plan where the shed is now located and where they want to relocate it. There is a fence now in the location where they propose to place the shed, but that would be taken down. Mrs. Pranaitis showed on the plan where the future swimming pool would be located.

Chairman Stempien read the letters from the neighbors all supporting this application.

Chairman Stempien opened the public hearing for public comment.

Tim Pranaitis, son, spoke on behalf of this application saying that the shed would help screen the future pool from the road.

Chairman Stempien closed the public hearing.

Mr. Horan moved to approve the application of Mark and Andrea Pranaitis, Owners, requesting a front yard variance to relocate an existing shed, pursuant to Article 8, Section A and Article 8, Section B.1 of the Simsbury Zoning Regulations on property located at 26 Branch Brook Drive. The hardship is based upon the problems with overhead lines, the placement of the sewer lines and the topography with no other suitable location. The motion was seconded by Mr. George and passed unanimously.

Mr. Beach told the Board that Mr. Jazlowiecki has appealed the decision of the Zoning Board of Appeals. It is now in the courts.

V. STAFF REPORTS

ZONING BOARD OF APPEALS MINUTES

VI. APPROVAL OF MINUTES of April 26, 2006

Mr. Daley moved to approve the Minutes of April 26, 2006 as presented. The motion was seconded by Mr. George and passed unanimously.

VII. ADJOURNMENT

Ms. Martin moved to adjourn the meeting at 9:15 p.m. The motion was seconded by Mr. Horan and passed unanimously.

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Thomas F. Horan, Secretary