Zoning Board of Appeals Minutes 04/22/2015
ZONING BOARD OF APPEALS
Regular Meeting Minutes
April 22, 2015
“Subject to Approval”
CALL TO ORDER
Chairman Gregory Piecuch called the regular meeting of the Zoning Board of Appeals to order at 7:01 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT. The following members were also present: Paul Cocchi, JoAnn Hogan, Thomas Horan, Craig MacCormac and Katie Martin, Secretary. Also present were Michael Glidden, Code Enforcement Officer, Rachel Blatt, Assistant Town Planner, Town Attorney Robert Decrescenzo and Leslie Brigham, Commission Clerk.
APPOINTMENT OF ALTERNATES
Chairman Piecuch appointed Paul Cocchi for Carol Bingham and JoAnn Hogan for Tegan Blackburn.
PUBLIC HEARING (s)
Ms. Martin read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting:
#15-01 of David Richman, Agent; HOP760 LLC, Owner; to appeal a decision of the Zoning Official regarding the property located at 760 Hopmeadow Street (Map G10, Block 104, Lot 002).Zones SC-1 and SC-2.
Application #15-02 of Timothy G. Martin, Owner, to appeal a decision of the Zoning Official regarding the property located at Lark Road (Assessors Map D03, Block 208, Lot 003A).Zone R-40.
Chairman Piecuch noted that the Zoning Board of Appeals received a letter dated April 22, 2015 from Attorney Houlihan on application #15-01. Chairman Piecuch read the letter into the record which requested this application be moved to the next meeting of the Zoning Board of Appeals.
Mr. Horan made a motion that the Zoning Board of Appeals will not be withdrawing application #15-02 but will be continued to the next meeting and the Public Hearing will not be opened at this time. Ms. Martin seconded the motion. All were in favor and the motion passed.
Chairman Piecuch opened the Public Hearing on Application #15-02.
Mr. Martin, 9 Dogwood Lane, applicant for Application #15-02, discussed his application to the Board members. He discussed what steps he has taken to date on his application.
Board members asked questions to Mr. Martin regarding his application and Map #3976.
Simsbury Town Attorney Robert Decrescenzo referenced the letter dated March 4, 2015 from the Zoning Enforcement Officer asking for specific information to be filed by the applicant within 30 days. He noted that the appeal was filed April 1, 2015 by the applicant.
Mr. Glidden, Zoning Enforcement Officer for the Town of Simsbury referenced Map #3976. He read into the record part of his letter of March 4, 2015 addressed to Mr. Martin. He discussed what is needed for an approved building lot in Simsbury as well as issues with this piece of property.
Board members asked questions to Mr. Glidden and Town Attorney Decrescenzo on the application requirements for the property.
Town Attorney Decrescenzo read into the record for the Zoning Regulations Ordinance 8-7 and discussed what is before the Zoning Board of Appeals decision. He noted why this application is before the Zoning Board of Appeals.
Attorney Decrescenzo also noted Article 4-B regarding the required frontage required for a building lot.
Mr. Martin responded to Mr. Glidden and Attorney Decrescenzo comments.
Mr. David Horowitz, 6 Hyer Drive, noted his concerns for the Lark Road application and how it could affect his property if this lot were approved for building.
Chairman Piecuch read three letters from concerned citizens and neighbors into the record.
Ms. Blatt noted that Mr. Martin has submitted the affidavit for Public Hearing on the property. Attorney Decrescenzo also noted issues regarding the process for dedication and acceptance of a public road as well as legal authority of Town employees.
Mr. Martin responded to issues regarding his comments earlier in the meeting to Board members.
Chairman Piecuch noted Map # C-1 was referenced in this meeting. Ms. Blatt noted the date of August 14, 2014 on this map.
Chairman Piecuch closed the public hearing on Application #15-02.
Ms. Martin made a motion to approve Application #15-02 of Timothy Martin to appeal a decision of the Zoning Official regarding the property located at Lark Road as specified on the agenda for April 22, 2015 meeting. Mr. Horan seconded the motion.
Board members discussed the opinions on the above motion.
Chairman Piecuch noted that Board members voting against the motion for the reason set forth in the March 4, 2015 letter from Mr. Glidden to Mr. Martin including the failure to have an approved public road with adequate frontage on the parcel D, failure to seek and obtain wetlands permits and failure to submit sufficient information to address site development details.
Board members noted their decisions for their vote:
Chairman Piecuch stated he is voting no to the motion due to the lack of 200 feet of frontage to the property, items noted in the March 4, 2015 letter, as well as the feedback letters received from other interested parties;
Board member Hogan stated she is voting no to the motion due to the lack of 200 feet of frontage to the property;
Board member MacCormac stated he is voting no to the motion due to the lack of 200 feet of frontage to the property, items noted in the March 4, 2015 letter, as well as the feedback letters received from other interested parties;
Board member Martin stated she is voting no to the motion due to the lack of 200 feet of frontage to the property, items noted in the March 4, 2015 letter, as well as the feedback letters received from other interested parties;
Board member Horan stated he is voting no to the motion due to the lack of 200 feet of frontage to the property, items noted in the March 4, 2015 letter, as well as the feedback letters received from other interested parties;
Board member Cocchi stated he is voting no to the motion due to the lack of 200 feet of frontage to the property;
Chairman Piecuch noted that the vote is unanimous of 0 Yes and 6 No. The motion has failed and the appeal fails the decision of the Zoning Enforcement Officer is abstained.
OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
Item was tabled to next meeting.
APPROVAL OF MINUTES of February 25, 2015
Ms. Hogan made a motion to approve the minutes of the February 25, 2015 regular meeting as presented. The motion was seconded by Ms. Martin and all were in favor and the motion passed.
ADJOURNMENT
Ms. Martin made a motion to adjourn the meeting at 8:35 p.m. Mr. Horan seconded the motion. All were in favor and the motion passed.