Simsbury, CT - Zoning Board of Appeals Minutes

Chairman Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:32 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: Edward Cosgrove, Lou George, Thomas Horan, Katie Martin, and Andrew Rose. Also present were Howard Beach, Zoning Enforcement Officer, Lisa Arakelian, Commission Clerk, and other interested parties.

A. 07-11 Application of Steven B. and Jacqueline M. S. Sloan, Owners, requesting a variance to create an in-law apartment, pursuant to Article 7, Section C9.2 of the Simsbury Zoning Regulations on property located at 46 Great Pond Road. R-40 Zone.

Bob Hamberry, contractor for the owners, explained that the applicant is requesting a variance of 64 square feet to utilize an existing living space, which was created around 1950, in a detached barn. The regulations stipulate that an accessory living space cannot exceed 1,000 square feet, and the existing structure is 1,064 square feet. Mr. Hamberry noted that, in order to comply with the regulations, the owners would have to demolish a portion of the building.

B. 07-12 Application of Brian S. Hall, Owner, requesting a side yard variance to construct a porch, pursuant to Article 8, Section A of the Simsbury Zoning Regulations, on property located at 36 Winthrop Street. B-1 Zone.

Brian Hall and Mr. Barney, his “agent”, explained that Mr. Hall is seeking an extension of a non-conforming use and a variance of 17 feet to construct a porch across the length of the rear of his home. Mr. Barney further stated that, as the construction of the home pre-dates zoning and is completely non-conforming, any moderation to the home would require a variance. In addition, even though the property has never been used as anything but a residence, it is zoned B-1, requiring a 20-foot setback, as opposed to an R-15, requiring only a 12-foot setback.

A motion was made by Mr. George to approve the variance, as requested, based on the hardship being that the house predates zoning and any configuration would initiate some violation of the present regulations, and the fact that the property is zoned B-1 makes the owner’s reasonable use more difficult. The motion was seconded by Ms. Martin. Chairman Stempien was opposed. Motion passed.

C. 07-13 Application of Michael L. Yakemore, Owner, 10 Winslow Place, Simsbury, LLC (The Riverview), Applicant, requesting a variance to place a site identifier sign, pursuant to Article 10, Section C3.g, of the Simsbury Zoning Regulations on property located at 348 Hopmeadow Street. R-40 Zone.

Chairman Stempien stated that he has spoken with Mr. Yakemore regarding this property and would recuse himself from the meeting if anyone had an objection based on this fact. There were no objections.

Rich Correia, agent, explained that the applicant is seeking a variance to place signage at Winslow Place and Routes 10/202 (Hopmeadow Street), not contiguous to the property where the business is located at 10 Winslow Place. Mr. Correia further stated that the applicant intends to purchase the property on which the sign will be placed. He defined the hardship as being a safety issue in that emergency vehicles and members of the public would have difficulty locating the business if signage is only allowed at the business property location.

Chairman Stempien opened the hearing to public comment. He read a letter in opposition to the variance from Austin Barney, Chairman of the Town of Simsbury Zoning Commission.

Andrew Yakemore asked Chairman Stempien to expand on the idea of changing the street name. Chairman Stempien described the procedure that the applicant would have to follow to change the name of the street.

A motion was made by Ms. Martin to approve the variance to place a site identifier sign, as requested, on the condition of receiving a signed affidavit from the property owner, based on the hardship being various safety concerns and the unique nature of the intersection involved. The motion was seconded by Mr. Horan. Chairman Stempien was opposed. Motion passed.

D. 07-14 Application of Marc Lubetkin, Owner, requesting a side yard variance for a shed, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 107 East Weatogue Street. R-30 Zone.

Adam Janucek, representing Mr. Lubetkin, explained that Mr. Lubetkin is seeking a 13-foot side yard variance to allow an existing shed. He further explained that the shed was originally erected with town approval based on the site plan provided to Mr. Lubetkin by the Building Department, but it was later determined that the site plan was incorrect and the shed, in fact, requires a variance. Mr. Janucek also stated that, in consideration of the home being located in a historical district, the owner has received approval for placement of the shed from the Historical Commission.

Chairman Stempien opened the hearing to public comment. Mark Shipman, attorney for neighbors Mr. and Mrs. David Duffy, spoke at length in opposition to the application, basically stating that the property owners should have known what the correct plot plan was, and there is no hardship justifying the granting of a variance to allow the shed to remain where it has been placed.

Walter Markastel, 112 East Weatogue Street, stated that he warned Mrs. Lubetkin a week before construction began on the shed that it looked like the gravel had been laid incorrectly within the setback lines.

A motion was made by Mr. Cosgrove to approve the variance. The motion was seconded by Mr. George. One member was in favor, five were opposed. Motion failed.

E. 07-15 Application of Christopher and Carolyn Lech, Owners, requesting a side yard variance for a porch, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 7 Woodleigh Place. R-40 Open Space Zone.

Christopher Lech explained that he is seeking a 2-foot side yard variance to allow construction of a porch. He stated his hardships to be the facts that he has 25% less buildable land than a comparable R-40, an odd shaped lot, irregular topography, and three front yard setbacks.

A motion was made by Mr. Rose to approve the variance, as requested, with the hardships being the irregular topography and awkward layout of the property, as well as the reduced buildable land area. The motion was seconded by Mr. Horan. Motion passed.

A motion was made by Mr. Rose to approve the minutes of the May 23, 2007 meeting, as presented. The motion was seconded by Ms. Martin and unanimously carried.