Simsbury, CT - Zoning Board of Appeals Minutes

Chairman Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:35 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: Ed Cosgrove, Lou George, Craig MacCormac, Katie Martin, and Andrew Rose. Also present were Howard Beach, Zoning Enforcement Officer, Lisa Arakelian, Commission Clerk, and other interested parties.

A. 06-14 Application of Ron and Janey Bruehlman, Owners, requesting a side yard and rear yard variance to construct an in-ground pool, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 3 Woodchuck Hill Rd. R-40 Zone.

Ron Bruehlman explained he is seeking a variance to construct an in-ground pool because the positioning of the house on the lot prevents him from placing the pool anywhere else without requiring an even larger variance. A previous proposed placement was objectionable to a neighbor, but the present proposed site has received no objections.

Chairman Stempien opened the hearing to public comment. Mr. Beach stated that he received a telephone call from the neighbor on the west side of the property who indicated that he had no problem with the variance. Hearing no further comments, Chairman Stempien closed the public hearing.

A motion was made by Mr. George to grant the variance as requested due to the configuration of the lot in relation to the house, the well, and the septic system, and the fact that the rear yard is configured in a peculiar way. The motion was seconded by Ms. Martin. Motion passed.

B. 06-15 Application of William J. Selig, Jr., Owner, requesting a front yard variance and rear yard variance to reconstruct a front porch and to construct an addition to the barn and house, pursuant to Article 8, Section A, and Article 7, Section M.2, of the Simsbury Zoning Regulations on property located at 40 Riverside Road. FP Zone and R-15 Zone.

William Selig, Jr. explained that he recently purchased the property and is in the process of renovating it to restore it to the horse farm it once was. He is requesting a variance to allow an addition to be constructed one foot above the flood plain, as opposed to the regulations’ requirement of two feet, because the existing home is one foot above the flood plain.

He is also requesting a variance to add a front porch to the full width of the front of the house, replacing a smaller existing porch. Howard Beach noted that a front yard variance is necessary because the current setbacks were established in 1954, well after this house was built, and, in fact, this house sits farther back from the road than any other house on this part of the street.

Mr. Selig stated that the proposed addition to the barn requires a variance because of its farm status – no building is allowed to be constructed within 100 feet of a property line on a farm. The addition would bring the barn to approximately 91 feet from the rear property line.

Mr. Selig noted that a wetlands permit was granted for him to construct the addition to the barn earlier in September. He further stated that neighbors have been notified and have expressed no objections.

Chairman Stempien opened the hearing to public comment and read a letter in favor of the variance from Nancy and Stanton Wolfe, 109 Riverside Road. Hearing no further comments, Chairman Stempien closed the public hearing.

A motion was made by Mr. George to grant the three separate variances, as requested and shown on the map dated August 15, 2006, based upon the fact that the entire parcel is non-compliant and would render any improvements as a violation. This proposal is the least intrusive option and is reasonable given the fact that the property is in the floodplain and the owner has taken a reasonable approach to minimize the effect on the existing non-conformity. The motion was seconded by Ms. Martin, and unanimously carried.

C. 06-16 Application of Kimberly L. and Troy P. Baillargeon, Owners, requesting a front yard variance to construct a covered front entry, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 51 Simsbury Manor Drive. R-15 Zone.

Troy Baillargeon explained that he is requesting a three-foot front yard variance to construct a front entry and covered porch. He stated his hardship as being one of safety as, currently, a person has to step backward off the stoop and down the stairs to open the front door and enter the house. The new porch would eliminate this hazard.

A motion was made by Ms. Martin to approve the three-foot variance based on the fact that the current porch configuration is a safety hazard. The motion was seconded by Mr. MacCormac, and unanimously carried.

D. 06-17 Application of Gary F. and Carol A. Dornbush, Owners, requesting a side yard variance to construct a screened-in porch, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 24 Stafford Rd. R-80 Zone.

Gary Dornbush explained that he is seeking a side yard variance to construct an unheated screened porch. Due to the positioning of the house and the topography of the site, the proposed location is the least intrusive and most reasonable area on which to build.

A motion was made by Mr. George to approve the variance, as requested, based on the hardship being the configuration of the land and the lack of any reasonable alternative. The motion was seconded by Mr. Cosgrove, and unanimously carried.

A motion was made by Mr. George to approve the minutes of the August 23, 2006 meeting, as presented. The motion was seconded by Ms. Martin, and unanimously carried.

The Board also discussed a new regulation requiring applicants to be responsible for the expense of distributing a legal notice of zoning variance applications, prepared by Town staff, to neighboring properties.