Zoning Board of Appeals Minutes 05/28/2014 ADOPTED

ZONING BOARD OF APPEALS

REGULAR MEETING

May 28, 2014

I.          CALL TO ORDER

Chairman Tegan Blackburn called the regular meeting of the Zoning Board of Appeals to order at 7:04 P. M. in the Program Room at Simsbury Public Library.  The following members were also present:  Jacqueline Battos, Carol Bingham, Paul Cocchi, Dennis Fallon, Thomas Horan, Katie Martin, and Greg Piecuch.  Also present were Michael Glidden, CFM, CZEO; Lisa Gray, Commission Clerk; and other interested parties. 

II.        APPOINTMENT OF ALTERNATES

Chairman Blackburn appointed Dennis Fallon to serve for Craig MacCormac.

III.       ELECTION OF OFFICERS

A motion was made by Mr. Horan to amend the agenda and move this item to the end of the meeting.  The motion was seconded by Mr. Piecuch, and unanimously carried.

IV.       PUBLIC HEARING

14-05 – Application of Brian Jeffrey D. Hartwell, Applicant; David Granger, Owner; for a Side Yard Variance, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate an addition and generator on property located at 15 Orchard Lane (Map D16, Block 419, Lot 038).  Zone R-40.

Ms. Martin recused herself from this hearing because of her association with the property owner.  Chairman Blackburn appointed Paul Cocchi to serve in her absence.

Jeffrey Hartwell explained that the owner is seeking side yard variances for the construction of a kitchen addition and placement of a generator.  He further explained that the home is currently non-conforming on the side yards, as are most of the homes in the neighborhood, because the plot plans for the homes were drawn with 25-foot setbacks despite them being zoned R-40.  Mr. Glidden confirmed that a mistake was made in the approvals of this subdivision in the 1990s.

Mr. Piecuch asked about the size of the addition and the size of the generator.  Mr. Hartwell replied that the addition will be 10’ x 21’ and the generator will be about 3’ x 6’.

Mr. Piecuch asked if the owner will require the full 15 feet variance requested.  Mr. Hartwell replied that he will not, but he is not sure exactly how much will be required.

A motion was made by Mr. Piecuch to table this public hearing to the next regularly scheduled meeting.  The motion was seconded by Mr. Horan, and unanimously carried.

14-06 – Application of Leon and Cheryl Haydon, Owners, for a front yard variance, pursuant to Article Eight, Section A of the Simsbury Zoning Regulations, to accommodate a garage, on property located at 201 Westledge Road (Map A06, Block 203, Lot 001A).  Zone R-160

Katie Martin returned to the meeting.

Leon Haydon explained that he is seeking a variance to construct a 14’ x 28’ garage/shed in the front of his property.  He further stated that, because of the property’s topography and location of the leaching field, the proposed location of the garage is the only feasible site on which it can be placed.  The structure will be screened by vegetation except in the winter.  Mr. Haydon noted he has spoken with the only neighbor who will be in view of the garage and the neighbor had no objections.  He also submitted for the Board’s viewing another photograph of the property.

Joanne Bassett, the neighbor to the rear, stated she has no problem with the variance.

A motion was made by Mr. Piecuch to close the public hearing.  The motion was seconded by Mr. Fallon, and unanimously carried.

A motion was made by Mr. Piecuch to grant a variance for placement of a 14’ x 28’ shed, not to exceed 35 feet in front of the dwelling, based on the topography and presence of ledge on the site.  The motion was seconded by Ms. Martin, and unanimously carried.

14-07 – Application of 16 Albany Turnpike, LLC, Owner, for side and front yard variances, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate the construction of a proposed bank on the property located at 16 Albany Turnpike (Map A20, Block 003, Lot 001).  Zone B-3.

Attorney T. J. Donohue explained that the applicant is seeking six variances to parking and building setbacks to allow for construction of a bank building at this site of a former gas station.  He further explained that the proposed building must be sited as shown on the plans in order to preserve McDonalds’ sight lines and comply with the easement for parking given by McDonalds.  If the project is not approved as presented, it will not proceed. 

Mr. Piecuch asked if it would be possible to reduce the square footage of the proposed building.  Attorney Donohue replied that it cannot be reduced because it is already 3,000 square feet smaller than a standard-sized bank building.  Attorney Donohue also noted that the proposed building footprint is smaller than that of the former gas station.

A motion was made by Mr. Piecuch to close the public hearing.  The motion was seconded by Mr. Horan, and unanimously carried.

 A motion was made by Mr. Piecuch to approve the following variances to the building setbacks:

28 feet to the northern 40-foot side yard setback

19 feet to the western 40-foot side yard setback

and variances to parking setbacks:

19 feet to the 25-foot front yard setback along Bushy Hill Road

11 feet to the 25-foot front yard setback along Albany Turnpike

15 feet to the northern 15-foot side yard setback

15 feet to the western 15-foot side yard setback

As shown on the site plan prepared by Milone & MacBroom, dated May 6, 2014, based on the unique size, shape and location of the lot; traffic concerns; and the need to eliminate safety concerns.  The motion was seconded by Ms. Martin, and unanimously carried.

14-08 – Application of Pauline Salter of 121 West Street, LLC, Owner, for a variance, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to increase the impervious coverage on property located at 121 West Street (Map F11, Block 103, Lot 015A).  Zone B-2.

Galen Semprebon, P.E., explained that Salter’s Express is requesting a variance to the 40% maximum coverage regulation to increase the impervious coverage on this site from 71.2% to 78.5%, in order to better manage stormwater runoff pollution, in compliance with CT DEEP General Permit requirements.

Mr. Semprebon distributed aerial photos of the site and explained that the Stormwater Pollution Prevention Plan involves the installation of catch basin sumps and a hydrodynamic separator to filter water before it discharges to neighboring wetlands.  Because there are neighboring wetlands, Mr. Semprebon informed the Board that the owner has received approval from the Conservation Commission for all proposed activity.

Mr. Semprebon further informed the Board that, without a zoning variance, Salter’s Express would be in violation of the DEEP mandate and would no longer be allowed to operate.

A motion was made by Mr. Piecuch to close the public hearing.  The motion was seconded by Mr. Horan, and unanimously carried.

A motion was made by Ms. Martin to approve the increase of impervious coverage, as described in the application, for safety purposes and to bring the property into compliance with CT DEEP mandates.  The motion was seconded by Mr. Fallon, and unanimously carried.

V.        OTHER BUSINESS

Chairman Blackburn announced Howard Beach’s retirement and thanked him for his years of service to the Zoning Board of Appeals.

VI.       MINUTES

April 23, 2014

A motion was made by Mr. Piecuch to approve the minutes of the April 23, 2014 meeting, as presented.  The motion was seconded by Mr. Horan, and unanimously carried.

VII.     ELECTION OF OFFICERS

Ms. Bingham nominated Greg Piecuch to serve as Chairman of the Zoning Board of Appeals. The nomination was seconded by Ms. Martin, and unanimously carried.

Mr. Piecuch nominated Katie Martin to serve as Secretary to the Zoning Board of Appeals.  The nomination was seconded by Mr. Fallon, and unanimously carried.

VIII.    ADJOURNMENT

            A motion was made by Ms. Martin to adjourn the meeting at 8:58 P. M.

___________________________

Katie Martin, Secretary