Simsbury, CT - Zoning Board of Appeals Minutes

Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:31 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: Ed Cosgrove, James Daley, Lou George, Thomas Horan, Craig MacCormac, and Katie Martin. James Daley and Andrew rose arrived at 7:38 P. M. Also present were Howard Beach, Zoning Enforcement Officer, Lisa Arakelian, Commission Clerk, and other interested parties.

A. 06-10 Application of Michael F. Kelly, Sr., and Karen Weiser-Kelly, Owners, requesting a variance to construct a second floor on an existing non-conforming structure, and a front yard variance for an “observatory”, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 51 Canal Street. R-15 Zone.

Karen Weiser-Kelly distributed photographs and blue prints and explained she is seeking a variance to construct a second floor addition on an existing non-conforming structure built into a hill adjacent to her home. She further explained that she plans to use the space as a den and art studio.

Mr. Horan asked why Ms. Weiser-Kelly is not constructing an addition to her home, which would not require a variance. Ms. Weiser-Kelly explained that the topography is prohibitive and trying to construct on it would create a financial hardship. Chairman Stempien replied that the Board cannot consider financial hardship.

Michael Kelly further explained that he has moved an observatory onto the property and is seeking a variance for the structure to remain there.

Mr. Cosgrove asked the Kelly’s what their hardship was. Ms. Weiser-Kelly replied that there is very little space in their present home and they need added space. She further stated that the topography of the land limits the placement of both the addition and the observatory.

Chairman Stempien opened the hearing to public comment and read letters in favor of the application from Amy Chanin (sp?) (53 Canal Street), Tracy Arcari (sp?) (47 Canal Street), and Gordon House (sp?) (52 Canal Street).

Richard Goldberg, 19 Deer Park Road, stated his opinion that the addition to the non-conforming structure would probably be okay, but that the observatory in its present location detracts from the value of neighboring properties. He also noted that the property is presently in poor condition and he would welcome improvements.

A motion was made by Mr. George to grant the variance for a second-story addition to the non-conforming structure, based on the hardships of the existing non-conforming structure and the grading of the back yard and the difficulty of getting equipment into the back yard to make reasonable use of it. The motion was seconded by Mr. MacCormac. Two members were in favor of the motion, four were opposed. Motion failed.

A motion was made by Mr. Cosgrove to approve the variance for the observatory to remain in its current position. The motion was seconded by Ms. Martin. All members were opposed. Motion failed.

B. 06-11 Application of Dawn Anderson-Seaman, Owner, requesting a rear yard and side yard variance to construct an in-ground pool, pursuant to Article 8, Section A of the Simsbury Zoning Regulations, on property located at 34 Old Stone Crossing. R-40 Zone.

Darren Rolicki (sp?), landscape architect, explained that the applicant is requesting rear and side yard variances to install an in-ground pool. He further explained that, because of the property’s topography, the location of the well, and drainage issues, the proposed location is the only suitable location for the pool.

Chairman Stempien opened the hearing to public comment and read a letter in favor of the variance from Robert and Maria Braverman, 32 Old Stone Crossing.

A motion was made by Mr. Daley to approve the variance based on the topography of the land and the lack of suitable alternatives. The motion was seconded by Ms. Martin. Motion passed.

A motion was made by Ms. Martin to approve the minutes of the June 14, 2006 meeting, as presented. The motion was seconded by Mr. Horan, and unanimously carried.

Bill Simansky, Bob Shagnon (sp?), and Michelle McFarland of Trinity Church of Tariffville, requested guidance regarding an adjoining piece of property which is owned by the church and on which church parking has partially infringed, but which the church would now like to offer for sale. The parties were seeking to have the property re-zoned to 9,000 square feet to allow the parking to remain on the church property and be able to sell the adjoining property without an easement.

The Board advised the parties that, since there is currently no zoning designation for a property of 9,000 square feet, it would be extremely difficult to establish a new zoning designation to fit the church’s needs.