ZONING BOARD OF APPEALS
REGULAR MEETING
APRIL 28, 2004
I. CALL TO ORDER
Chairman Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:31 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: James Daley, Richard Derr, Katie Martin, and Moira Wertheimer. Lou George arrived at 7:34. Also present were: Laurie Whitten, Zoning Enforcement Officer, Lisa Arakelian, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Stempien appointed Katie Martin to serve for Thomas Horan, and Richard Derr to serve for John Hampton.
Chairman Stempien asked to amend the agenda to go into Executive Session at 7:32 P. M. The Board came out of Executive Session at 7:38 P. M.
III. PUBLIC HEARING - DISCUSSION AND POSSIBLE VOTE
A. 04-01 Discussion regarding conditions imposed upon the application of Steve Skaret and Ellen McGrath Skaret, Owners, requesting a front yard variance to construct an addition, pursuant to Article 8, Section A of the Simsbury Zoning Regulations, on property located at 8 Village Road. R-15 Zone.
Attorney Ron Sherlock, representing the owners, reminded the Board that a setback variance had been issued for this property in February 2004, but that conditions were imposed that were not related to the variance requested. He cited case law showing that this was improper and stated that the owners are requesting that the conditions be removed from the variance.
Hearing no further comments, Chairman Stempien closed the public hearing.
A motion was made by Mr. Daley to remove the conditions from the variance granted for 8 Village Road on February 25, 2004. Seconded by Ms. Martin, and unanimously carried.
B. 04-04 Application of Janina B. Cummings, Owner, requesting a front yard variance to relieve the requirement of two street frontage for a corner lot, pursuant to Article 8, Section B,1 of the Simsbury Zoning Regulations on property located at 499 Firetown Road. R-40 Zone. (Tabled at 3/24/04 meeting)
Chairman Stempien recused himself from this hearing because of a conflict of interest, and appointed James Daley to act as Chairman.
Acting Chairman Daley opened the public hearing.
Zoning Board of Appeals
Regular Meeting
Minutes
4/28/04
Page 2
Attorney T. J. Donohue showed a map, dated in 1987, depicting the 80,000-square-foot lot’s division into two 40,000-square-foot lots. He further explained that one lot has an existing farmhouse on it and his client, Janina Cummings, is proposing to construct another home on the second lot. He noted that the Zoning Enforcement Officer stated in her memo to the ZBA, dated March 17, 2004, that “the parcel qualifies for a first cut of right to divide it into two parcels, except for the fact that it does not meet minimum current zoning standards with respect to street frontage for corner lots.” He restated that current regulations require a minimum of 200 linear feet on all abutting streets, but that this parcel has existed in this configuration since at least October 1947, and the current zoning regulations
were enacted in 1974. The applicant is requesting a 158.93 linear foot frontage variance.
Matt Koch, 492 Firetown Road, distributed a letter, dated March 19, 2004, which was signed by most property owners within 500 feet of the property, objecting to the requested variance and listing the reasons for their objection.
Kathy Martin, 500 Firetown Road, clarified the difference between this case and the “Jonnycake” case referenced by Attorney Donohue in his opening remarks, and asked that the variance be denied.
Attorney Donohue responded that this is a case of total confiscation of a 40,000-square-foot property, that a hardship was created by the enactment of the Zoning Regulations, and that the owner is being denied full use of her property.
Robert Cassot, 488 Firetown Road, stressed that all of the people who signed the letter presented by Matt Koch, and who attended the meeting feel that they will be adversely affected if this variance is granted and he asked the Board to consider this in making their decision.
Denise Hammick, 494 Firetown Road, expressed her concern for safety because of increased traffic on Old Farms Road, stating that she has had several vehicles crash onto her property as they came off Old Farms.
Hearing no further comments, Acting Chairman Daley closed the public hearing.
A motion was made by Mr. George to grant the variance for 158.93 feet of frontage on Firetown Road, on the basis that the rights to the property existed prior to the Zoning Regulations coming into effect and, thus, have changed the rights of the landowner with regard to her use of the property. The motion was seconded by Ms. Wertheimer. Mr. Daley, Mr. Derr, and Ms. Martin were opposed. Motion failed.
C. 04-06 Application of Steven T. Antonio, Stardust LLC - Owner, requesting a variance for use of neon signs on property at 2 St. Johns Place/28-30 Tariffville Road, B-1 Zone.
Zoning Board of Appeals
Regular Meeting
Minutes
4/28/04
Page 3
Steven Antonio distributed historical photos depicting neon signage used by previous businesses housed on this property, and explained that he is requesting a variance from the zoning regulation that prohibits the use of neon signs. He further stated that, since this property is located off of the main highway (10/202), he feels that the neon signs are necessary for visibility and to attract business off the main highway.
Chairman Stempien suggested that the applicant may wish to appeal the decision of a violation by the Zoning Enforcement Officer, rather than seeking a variance, so that the Board is not required to find the existence of a hardship.
Chairman Stempien opened the hearing to public comment.
Ann Nelson, Simsbury Landing, asked to see what the proposed signs look like. The Board showed her and Nancy Thompson, another neighbor, that the applicant is simply proposing to replace two existing neon signs with signs of similar design and size.
Hearing no other comments, Chairman Stempien closed the public hearing.
A motion was made by Mr. George to grant the variance, with the condition that the new signs remain the same size and in the same location as the existing signs. Seconded by Ms. Wertheimer. All members were opposed. The motion failed.
V. APPROVAL OF MINUTES
A. March 24, 2004
A motion was made by Mr. George to approve the minutes of the March 24, 2004 meeting, as presented. Seconded by Mr. Daley, and unanimously carried.
VI. ANNOUNCEMENTS
Laurie Whitten announced that she has accepted a position with the Town of East Windsor, and her final day with the Town of Simsbury will be May 19, 2004.
VII. ADJOURNMENT
A motion was made by Mr. George to adjourn the meeting at 9:40 P. M.
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James Daley, Acting Secretary
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