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: James Daley, Lou George, Thomas Horan, Craig MacCormac, and Katie Martin. Also present were Hiram Peck, Howard Beach, Zoning Enforcement Officer, Lisa Arakelian, Commission Clerk, and other interested parties.

A. 07-16 Application of Todd and Megan Myers, Owners, requesting a side yard variance for an addition, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 425 Bushy Hill Road. R-25 Zone.

Todd Myers explained that he is seeking a 13-foot front yard variance to construct an addition. He further explained that the variance is necessary to maintain the historic character of the home while providing needed living space for his family. Mr. Myers stated that the layout of the home does not provide for an easy flow of the floor plan if the addition were to be built elsewhere. Mr. Myers also noted that he has contacted his neighbors and none of them are opposed to the variance.

Mr. Daley inquired as to Mr. Myers’ hardship. Mr. Myers replied that placing the addition in a position which would not require a variance would necessitate accessing the added bedroom through another bedroom, which would be considered a fire hazard. He also noted that the property is encumbered by two front yard setbacks, and because of the location of his well, he is further limited in possible locations to place the addition.

Chairman Stempien opened the hearing to public comment and read letters in favor of the variance from David Criser (5 Laddie Lane) and Fiona Rosenberg (neighbor across from the Myers’). Mr. Beach noted that neighbors have made inquiring calls to Town Hall, but none have had any objections.

A motion was made by Mr. Daley to grant the variance, as requested, based on safety issues, the position of the house on the property, the existence of two front yard setbacks, and lack of suitable alternatives. The motion was seconded by Mr. George. Motion passed.

Hiram Peck explained the nature of an FOI complaint that has been received against the Town and stated that the Town attorney has recommended that the Freedom of Information staff make a presentation at an upcoming ZBA meeting, and, in fact, that a presentation be made before all of the Town commissions.

A motion was made by Ms. Martin to invite a member of the Freedom of Information staff to make a presentation at a future ZBA meeting. The motion was seconded by Mr. Horan. Motion passed.

Chairman Stempien read an excerpt from the October 1, 2007 meeting of the Zoning Commission in which the Commission Chairman, Austin Barney, expressed displeasure toward two particular decisions that have been made by the ZBA at recent meetings. At the commission meeting, Mr. Barney recommended a seminar presentation to the ZBA regarding the determination of hardship.

Chairman Stempien requested that, if such a seminar was to take place, it be presented by a person well-versed in ZBA procedures, not just zoning procedures. Mr. Peck replied that he would contact the ZBA members to set up the seminar.

Chairman Stempien read a letter from Dr. Bruce and Madelyn Kaplan and a response letter from Fitzgerald’s regarding parking problems in the center of Simsbury during major events such as St. Mary’s Carnival, Septemberfest, Talcott Mtn. Music Festival, and others. These letters were presented as “information-only”.

A motion was made by Mr. George to approve the minutes of the September 26, 2007 meeting, as presented. The motion was seconded by Ms. Martin.