ZONING BOARD OF APPEALS
REGULAR MEETING
JUNE 23, 2004
I. CALL TO ORDER
Chairman Peter Stempien called the regular meeting of the Zoning Board of Appeals to order at 7:34 P. M. in the Main Meeting Room of Simsbury Town Hall. The following members were present: James Daley, Tom Horan and Katie Martin. Also present was: Lisa Arakelian, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairman Stempien appointed Katie Martin to serve for John Hampton.
III. PUBLIC HEARING - DISCUSSION AND POSSIBLE VOTE
A. 04-11 Application of Phyllis McGee Willis, Owner, requesting a front-yard variance to construct an addition, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 38 Mountain Road. R-15 Zone.
Phyllis McGee Willis explained that she is proposing a first floor master bedroom and full bath addition to her existing non-conforming home, which would require a seven-foot front yard variance. She further explained that the addition is necessary because of the difficulty she and her husband have in accessing the small first floor bathroom and second floor bedroom. Mrs. Willis claimed her hardships to be the placement of her home on the lot, and her own safety and limited accessibility.
Chairman Stempien opened the hearing to public comment. Hearing no comments, Chairman Stempien closed the public hearing.
A motion was made by Mr. Daley to approve the application because of the placement of the home on the lot, and the owner’s own safety risk and limited accessibility. The motion was seconded by Mr. Horan, and unanimously carried.
B. 04-12 Application of Scot P. Riley and Tracy L. Labonte, Owners, requesting a variance of the front yard requirement to rebuild the existing front porch, pursuant to Article 8, Section A of the Simsbury Zoning Regulations on property located at 11 Griffin Street. R-15 Zone.
Scot Riley explained that he is proposing to rebuild his existing non-conforming front porch and wrap the porch around to the home’s side entrance, which is being converted to be the new main entrance to the home. The side porch addition would be 5’ x 11’, all within the 35-foot front yard setback. He claimed his hardship to be the fact that the home predates zoning.
Zoning Board of Appeals
Regular Meeting
Minutes
6/23/04
Page 2
Chairman Stempien opened the hearing to public comment.
Keith Hollebone, 44 Massaco Street, expressed his concern that the proposed entire reconstruction of the house will make it very large and not in keeping with the neighborhood.
Steve Haas, 8 Griffin Street, agreed that the proposed house is very large and would not be appropriate for the neighborhood.
Chairman Stempien agreed that the proposed home is very large, but noted that the owner is within his right to do whatever he wants with his house as long as it remains within the building “envelope”, and that the Board can only consider the porch which is proposed to be built within the 35-foot front yard setback
Mr. Riley replied that there are other similar-sized existing houses in the neighborhood.
Hearing no further comments, Chairman Stempien closed the public hearing.
A motion was made by Mr. Daley to deny the application on the basis that the Board could not establish a hardship. There was no second. Motion failed.
A motion was made by Mr. Horan to approve the application because of the position of the home on the property, a safety issue with the side door adjoining the driveway, and the fact that the home pre-dates zoning. The motion was seconded by Ms. Martin. Ms. Martin, Mr. Daley, and Chairman Stempien were opposed. Motion failed.
B. 04-13 Application of Michael Marti & Lisa Gerlinde, Trustees, Owners, requesting a variance of the rear yard requirement to construct a garage, pursuant to Article 8, Section A of the Simsbury Zoning Regulations, on property located at Merrywood Bed & Breakfast, 100 Hartford Road. R-40 Zone.
Michael and Lisa Gerlinde Marti presented a topographical map of their property and explained that they are requesting a ten-foot rear yard variance to construct a three-car garage. Beyond the property line to the rear is an old road, originally known as King Philip Road, which is now used only as a right-of-way for abutting properties. Michael Marti further stated that this is the only possible location for the garage because of the topography of the land and the architecture of the house.
Chairman Stempien opened the hearing to public comment. Hearing none, Chairman Stempien closed the public hearing.
Zoning Board of Appeals
Regular Meeting
Minutes
6/23/04
Page 3
A motion was made by Mr. Daley to grant the variance on the basis of it being reasonable use of the property, there is a lack of suitable alternatives, and the topography of the land. The motion was seconded by Ms. Martin, and unanimously carried.
IV. APPROVAL OF MINUTES
A. May 26, 2004
A motion was made by Mr. Daley to approve the minutes of the May 26, 2004 meeting, as presented. Seconded by Ms. Martin, and unanimously carried.
V. ADJOURNMENT
A motion was made by Mr. Daley to adjourn the meeting at 9:08 P. M.
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Thomas Horan, Secretary
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