Zoning Board of Appeals Minutes 03/26/2014 ADOPTED
ZONING BOARD OF APPEALS
REGULAR MEETING
MARCH 26, 2014
I. CALL TO ORDER
Chairman Tegan Blackburn called the regular meeting of the Zoning Board of Appeals to order at 7:02 P.M. in the Main Meeting Room of the Simsbury Town Hall. The following members were also present: Carol Bingham, Paul Cocchi, Dennis Fallon, Thomas Horan and Greg Piecuch. Also present were Howard Beach, Planning Analyst and other interested parties.
II. APPOINTMENT OF ALTERNATES
Thomas Horan was appointed to serve as Secretary. Paul Cocchi was appointed to serve for Katie Martin and Dennis Fallon was appointed to serve for Craig MacCormac.
III. PUBLIC HEARING(s)
- Application #14-03 of Michael and Amanda Garner, Owners, for a Front Yard Variance pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate a covered porch addition on the front of the house on the property located at 29 White Oak Lane (Map G09, Block 202, Lot 006). Zone R-15.
The Secretary read Application #14-03 into the record. The Applicant was welcomed and members of the public in the audience were invited to comment.
Chairman Blackburn explained to the applicant and anyone speaking on behalf of the application to keep in mind that, as the Board is making a decision and discussing what is involved in their application, the Boards decision would be based on two factors: 1) whether there is a hardship with respect to what the applicant is requesting on the property that relates to the land itself; and 2) if the Board finds that there is a hardship that is consistent with the overall comprehensive zoning plan of the town.
Mr. Garner, the applicant, explained that they are in the process of remodeling a room on their house and they also want to add a wrap-around farm porch. Mr. Garner stated that when his contractor went to pull a permit for the porch, he realized that the plot plan showed that there was only an additional foot to build off the house. Mr. Garner hired a surveyor to write up several reports to submit a variance for an additional seven feet. The applicant would like to build an eight foot front porch with a roof to be consistent with their remodeling.
Chairman Blackburn noted that the variance was accepted into the file and all of the Board members have received copies.
Mr. Piecuch confirmed with Mr. Beach that the original setback to the property was 25 feet and was later adjusted to 10 feet by Zoning. The Town had not yet adopted sub-division regulations and, therefore, there were very few standards in place when the setback was adjusted.
Mr. Garner stated that he requested support for this variance in a letter to his neighbors. He stated that he received support from the majority of his neighbors and the Board has received copies of these.
Chairman Blackburn read the following names for support of the variance:
- Meredith and Michael Taylor, 10 White Oak Lane
- Mala Matacin, 2 White Oak Lane
- Janis Cayne, 31 White Oak Lane
- Faye Tomasello, 30 White Oak Lane
- Carol and Arthur Sanfilippo, 32 White Oak Lane
- Michael Becconsall, 18 White Oak Lane
- Elizabeth Kennly, 23 White Oak Lane
- James and Paula Gallagher, 27 White Oak Lane
- Joanna and Robert Gaucher, 14 White Oak Lane
- William and Judy Longhi, 5 White Oak Lane
- Bob and Elsie Holloway, 22 White Oak Lane
- Kelle and Jon, 24 White Oak Lane
Mr. James Gallagher, 27 White Oak Lane, stated that he is a neighbor of the applicant and that he has no problem with Mr. Garner building the front porch to 29 White Oak Lane.
Mr. Beach provided an Affidavit for the applicant to sign stating that he posted notice of this variance. Mr. Garner signed the Affidavit.
Mr. Piecuch made a motion to close the Public Hearing. The motion was seconded by Mr. Horan and it was unanimously approved.
Mr. Piecuch made a motion to approve Application #14-03 and grant a seven foot front yard variance to accommodate a covered porch on the property located at 29 White Oak Lane as shown on the variance plan dated March 5, 2014, which is in the file, with the hardship being the shape of the lot, the location of the house and the fact that the front yard setback was increased by 10 feet subsequent to the building of that house. The motion was seconded by Mr. Horan and it was unanimously approved.
IV. APPROVAL OF MINUTES
A motion was made by Ms. Bingham to approve the minutes of the February 26, 2014 meeting as amended. The motion was seconded by Mr. Fallon and was unanimously carried.
V. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
Mr. Beach distributed a letter dated January 22, 2014 from the Town’s attorney regarding Zoning Board of Appeals: Participation By Alternates in ZBA Proceedings. He stated that the issue regarding participation in Board proceedings by unseated alternates has come up a couple of times in the past and this letter explains the rules. Chairman Blackburn noted that alternates may participate in public hearings but may not participate in the deliberation following the close of the public hearing unless and until they are seated.
VII. ADJOURNMENT
A motion was made by Mr. Cocchi to adjourn the meeting at 7:25P.M. The motion was seconded by Mr. Horan and it was passed unanimously.
Thomas Horan, Acting Secretary