Zoning Board of Appeals Minutes 06/25/2014 ADOPTED

ZONING BOARD OF APPEALS

REGULAR MEETING

June 25, 2014

I.          CALL TO ORDER

Chairman Gregory Piecuch called the regular meeting of the Zoning Board of Appeals to order at 7:04 P. M. in the Main Meeting Room at Simsbury Town Hall.  The following members were also present:  Paul Cocchi, Dennis Fallon, Thomas Horan, Craig MacCormac, and Katie Martin.  Also present were Michael Glidden, CFM, CZEO; Lisa Gray, Commission Clerk; and other interested parties. 

II.        APPOINTMENT OF ALTERNATES

Chairman Piecuch appointed Dennis Fallon to serve for Katie Martin during the first hearing, as she recused herself.  Chairman Piecuch also appointed Paul Cocchi to serve for Carol Bingham and Thomas Horan to serve as Secretary.

III.       PUBLIC HEARINGS

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.(continued from 5/28/14).

David Granger explained that he is seeking a side yard variance to accommodate an addition to his home.  He also reminded the Board that his home is non-compliant, 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. Granger also submitted a letter in favor of the application from several of his neighbors.

Jeffrey Hartwell stated that an 8-foot variance is needed and, though the original application was requesting an additional variance for placement of a generator, that additional variance is no longer required.   

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

A motion was made by Mr. MacCormac to approve an 8-foot variance to the northern side yard setback to permit the construction of a 4’ x 21’ addition to the existing residence, per the plans dated June 5, 2014, based on the property’s non-conformance and the unique shape of the lot.  The motion was seconded by Mr. Fallon, and unanimously carried.

14-09 – Application of Jennifer Berry-Peatfield, Owner, for a Side Yard Variance, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate an above-ground pool and deck on property located at 164 Terry’s Plain Road (Map I07, Block 103, Lot 001F).  Zone R-40.

Katie Martin returned to the meeting.

Jennifer Berry-Peatfield submitted letters in favor of the application from Karen Elliot (162 Terry’s Plain Road), Ben and Marilyn Winarski (160 Terry’s Plain Road), and Laurie Bertrand (27 Quarry Road), and explained that she is seeking a 30-foot side yard variance to construct an above-ground pool.  She further explained that, due to the present non-conforming status of the property, the location of the septic system/leaching field and well, and the existence of large trees, the proposed location is the most feasible.

Jason Berry stated that a lesser variance would be possible.

Mike Glidden asked if Farmington Valley Health District has been contacted.  Ms. Berry-Peatfield said that FVHD has been contacted and their authorization has been received.  Mr. Glidden expressed concern about the pool being located so close to the forced main depicted on the plot plan.  Ms. Berry-Peatfield agreed that the pool could be moved further away from the forced main and closer to the existing patio.

Ms. Berry-Peatfield submitted an additional photo depicting an inflatable pool in the same proposed position as the above-ground pool.

Mr. MacCormac sketched a proposed location on the map that would position the pool ten feet closer to the existing patio, thereby reducing the required variance to 20 feet.  Chairman Piecuch accepted the sketch into the record and labeled it “Exhibit C”.

Chairman Piecuch opened the hearing to public comment; hearing none, a motion was made by Mr. Horan to close the public hearing.  The motion was seconded by Mr. Fallon, and unanimously carried.

A motion was made by Mr. MacCormac to approve a 20-foot variance to the southeastern side yard setback to construct a 15’ x 24’ above-ground pool as depicted on Exhibit C, based on the uniqueness of the property and change in zoning regulations since the home was constructed. The motion was seconded by Ms. Martin, and unanimously carried.

IV.       UPDATE OF RULES AND REGULATIONS

Chairman Piecuch appointed a subcommittee consisting of Thomas Horan and Paul Cocchi to work on updating/modifying the Board’s Rules and Regulations.

V.        MINUTES

May 28, 2014

A motion was made by Ms. Martin to approve the minutes of the May 28, 2014 meeting, as presented.  The motion was seconded by Mr. Horan.  Mr. MacCormac abstained.  Motion passed.

VIII.    ADJOURNMENT

            A motion was made by Mr. Fallon to adjourn the meeting at 8:02 P. M.

___________________________

Katie Martin, Secretary