Zoning Board of Appeals Minutes 01/22/2014 ADOPTED

ZONING BOARD OF APPEALS

JANUARY 22, 2014

MINUTES FROM REGULAR MEETING

I.          CALL TO ORDER

Chairwoman Tegan Blackburn called the Regular Meeting of the Zoning Board of Appeals to order at 7:00 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were:  Jackie Battos, Katie Martin, Carol Bingham, Gregory Piecuch, Thomas Horan, Dennis Fallon, Craig MacCormac and Paul Cocchi, Jr.  Also present were:  Howard Beach, Planning Analyst, and other interested parties.

II.        APPOINTMENT OF ALTERNATES

All members were present; no alternates were seated.

III.       ELECTION OF OFFICERS

This was continued to the next meeting.

IV.       PUBLIC HEARING(s)

Application #13-12 of Marc Lubetkin of Red Stone Pub, Applicant; George Markatos, Owner; for a Rear Yard Variance pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate an awning over an emergency exit on the property located at 10 Jim Gallagher Way (Map G10, Block 227, Lot 001A+RR). Zone SC-3.

Secretary Katie Martin read Application #13-12 into the record.  The Applicant was welcomed and members of the public in the audience were invited to comment.  The audience was advised that on any variance application the vote of at least 4 commissioners is required, not a majority vote.  Two conditions must be shown to grant a variance:  1) a literal enforcement of the regulations would result in an exceptional difficulty or unusual hardship that relates to the land itself, not affecting a personal or financial type of hardship, and it must be unique to the lot or parcel; and 2) it must be shown that this variance would not disturb the fabric of the comprehensive plan, e.g. health, safety and property values.

The Applicant has a Site Plan Amendment application on file with the Zoning Commission for the expansion of his business, the Red Stone Pub, into the adjoining space. In presenting his request to the Zoning Commission, it was discovered that the Fire Marshal would require an additional emergency exit with an awning covering it. Given the proximity to the property line at this Northerly emergency exit, the awning cannot be affixed without encroaching on the property line. The Applicant has already been informed that he needs an easement from the abutting property owner, Bank of America, in order to proceed; but he requires a variance in order to place a structure up to (and possibly over) the property line.

The Public Hearing was closed.

Commissioner Bingham made a motion to approve the variance of no setback for the section of the property where the awning will be with the hardship being a life safety issue because the Fire Marshal has required a covered emergency egress.  The motion was seconded by Commissioner Piecuch.

The motion to approve Application #13-12 carried unanimously.

V.        DISCUSSION ON STANDARD MOTION WORDING

Chairwoman Blackburn and Mr. Beach presented documents with examples for standard motions. Given the difficulty in drafting a statement that would cover all scenarios, the standard motion wording will be revised and presented again at the next meeting.

VI.       OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION

There were none.

VII.     APPROVAL OF MINUTES of October 23, 2013

The Minutes for October 23, 2013, were approved as presented.

VIII.    ADJOURNMENT

A motion was made to adjourn the meeting at 8:05 p.m.  The motion was seconded and unanimously carried.

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Katie Martin, Secretary