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, James Daley, Lou George, and Thomas Horan. Also present were Lynn Charest, Zoning Compliance Officer, Howard Beach, Zoning Compliance Officer, Lisa Arakelian, Commission Clerk, and other interested parties.

A. 07-17 Application of Brian West, Owner, requesting a height variance to construct a new garage in the existing garage’s footprint, pursuant to Article 9, Section D.1 of the Simsbury Zoning Regulations on property located at 48 Church Street Extension. R-15 Zone.

Brian West explained he is seeking to rebuild his existing garage which was damaged in an accident. The new garage would be built on the same footprint as the existing garage, but would include a new second half-story, making the new structure six feet taller than the existing structure. Mr. West further explained that he has informed his neighbors of his plans and he has encountered no objections. Because of existing utility easements on the property, he feels that there are no suitable alternatives for placement of the garage

A motion was made by Mr. Daley to grant the variance, as requested, based on the fact that multiple easements on the property have created a uniqueness that does not allow suitable alternatives. The motion was seconded by Mr. Horan. Mr. Cosgrove was opposed. Motion passed.

B. 07-18 Application of Scott R. McClure, Owner, requesting a rear yard variance to install a shed, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 6 Hawks Lane. R-40-OS

Scott McClure explained that he is seeking a 28-foot variance to place a shed. Because of the pie shape of the lot, he is having difficulty siting the shed elsewhere. He noted that the shed could be sited within the setback next to the garage, but it would be fully visible from the street and the neighbor to the west, and would require significant removal of trees.

Chairman Stempien suggested that, if the shed was placed next to the “turnaround”, it would require the removal of trees, but would not require a variance.

Chairman Stempien opened the hearing to public comment and read letters in favor of the variance from Kirk and Sheila Hischman, 5 Hawks Lane, and Noel and Mary Ann Moran, 32 Winterset Lane. Hearing no further comments, Chairman Stempien closed the public hearing.

A motion was made by Mr. George to grant the variance based on the configuration of the lot, the difficulty of the setback lines, and the lack of options for relocation of the shed to another area. The motion was seconded by Mr. Daley. All members were opposed. Motion failed.

C. 07-19 Application of Thomas J. and Lisa Nicholson, III, Owners, requesting a rear yard and side yard variance to install a shed, pursuant to Article 8, Section A, of the Simsbury Zoning Regulations on property located at 30 Beldenwood Road. R-40-OS Zone.

Thomas Nicholson, III, explained he is requesting a 25-foot rear yard and 3-foot side yard variance to locate a 10’x16’ shed. Due to the topography of the site and setback restrictions, Mr. Nicholson feels that he is limited in placement alternatives, except that the shed could be placed forward of the proposed location, but it would then be in full view of neighbors and would reduce the usability of the rear yard.

The Board suggested that, because of the configuration of the rear of the lot, if Mr. Nicholson simply repositioned the shed three feet out of the side yard, it would eliminate his need for a variance. Hearing this, Mr. Nicholson agreed to move the shed three feet out of the side yard, and withdrew his application.

A motion was made by Mr. George to approve the Zoning Board of Appeals 2008 Regular Meeting Schedule, as presented. The motion was seconded by Mr. Horan. Motion passed.

A motion was made by Mr. Daley to approve the minutes of the October 24, 2007 meeting, as presented. The motion was seconded by Mr. George. Motion passed.

Chairman Stempien welcomed the new Board members and recognized James Daley’s 15 years of service to the Board, thanked him for his contributions, and wished him well in his future service to the Town. Mr. Daley expressed his pleasure with having served on the Board and thanked his fellow Board members for their service, as well.