ZONING BOARD OF APPEALS
REGULAR MEETING
FEBRUARY 28, 2007
I. CALL TO ORDER
Chairman Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:38 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: Lou George, Thomas Horan, and Andrew Rose. Also present were Howard Beach, Zoning Enforcement Officer, Lisa Arakelian, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Stempien appointed Andrew Rose to serve for Katie Martin.
III. PUBLIC HEARING – DISCUSSION AND POSSIBLE VOTE
A. 07-02 Application of David and Maryellen Bailey, Owners, requesting a front yard variance to construct a two-story addition to their existing house, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 39 Pine Hill Drive. R-15 Zone.
David Bailey explained that he is seeking a ten-foot front yard variance to construct a two-story addition to accommodate their growing family. Mr. Bailey also stated that the addition has been approved by the Pine Hill Homeowner’s Association as being consistent with the design of the neighborhood. Mr. and Mrs. Bailey expressed their hardships as being the size of the lot, the existing non-conformity of the house, the topography, and the positioning of wetlands on the property.
Chairman Stempien opened the hearing to public comment. Kathy Creedon, 35 Pine Hill Drive, Michael Gans, 9 Middle Lane, and Maureen Williams, 37 Pine Hill Drive, voiced their opinions in favor of the variance.
Chairman Stempien closed the public hearing.
A motion was made by Mr. George to grant the variance, as requested, based on the configuration of the lot and the fact that the home is positioned over the building line and any modification to the home would require a variance. The motion was seconded by Mr. Horan, and unanimously approved.
B. 07-02 Application of Diana L. Kalamarides, Owner, John J. Kalamarides, Applicant, requesting a rear yard variance for the construction of a house, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 7 Up The Road. R-40 Zone.
Zoning Board of Appeals
Regular Meeting
Minutes
2/28/07
Page 2
John Kalamarides explained that this is a new application which is, basically, a revision of the application that was denied at the January 2007 meeting. He further explained that 7 Up The Road is a rear subdivision of 5 Up The Road, with which it shares a driveway. Mr. Kalamarides stated that he has repositioned the proposed location of the house so that it is positioned further to the north, thus requiring a 15-foot rear yard variance. He described his hardships as being the topography of the land, the existence of a conservation easement to the south of the property, and the restrictions placed upon the property by the Planning Commission. He further stated that the proposed location of the house is the most reasonable and creates the least negative impact on the property and/or its neighbors.
Chairman Stempien opened the hearing to public comment.
Mike Tilbor, 9 Up The Road, explained that his property is immediately north of 7 Up The Road and would prefer that the house be positioned as far south on the property as possible because there is nothing but wide open lawn space between his house and the proposed house. He further stated that he feels that he was deceived when the subdivision was proposed and approved because he was led to believe that any home constructed on the property would be farther away from his home to preserve his privacy.
Chairman Stempien read letters in favor of the variance from Thomas and Ellen Bowler, 8 Up the Road, Jeffrey and Robin Cowling, 4 Up the Road, Frank and Marjorie Belavacqua, 12 Up The Road, and John Jepson, 5 Up The Road.
Hearing no further comments, Chairman Stempien closed the public hearing.
A motion was made by Mr. Horan to grant the variance, as requested. The motion was seconded by Mr. George, and unanimously approved.
IV. APPROVAL OF MINUTES
A. January 24, 2007
A motion was made by Mr. George to approve the minutes of the January 24, 2007 meeting, as presented. The motion was seconded by Mr. Rose, and unanimously carried.
V. ADJOURNMENT
A motion was made by Mr. George to adjourn the meeting at 8:43 P. M.
_________________________
Peter Stempien, Chairman
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