Zoning Board of Appeals Minutes 07/22/2015

ZONING BOARD OF APPEALS

Regular Meeting Minutes

July 22, 2015

“Subject to Approval”

CALL TO ORDER

Chairman Gregory Piecuch called the regular meeting of the Zoning Board of Appeals to order at 7:03 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT.  The following members were also present:  Paul Cocchi, JoAnn Hogan, Craig MacCormac, Dennis Fallon and Katie Martin, Secretary.  Also present were Rachel Blatt, Assistant Town Planner and Leslie Brigham, Commission Clerk. 

APPOINTMENT OF ALTERNATES

Chairman Piecuch appointed Paul Cocchi for Tegan Blackburn, JoAnn Hogan for Carol Bingham and Dennis Fallon for Thomas Horan.

PUBLIC HEARING (s)

Ms. Martin read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting:

Application #15-03 of Joseph & Ann Marie Grella, Owners, for a variance pursuant to Article Five, Section F.1, of the Simsbury Zoning Regulations to allow for the construction of an accessory building without a primary use located on the same lot on the property located at 7 Firetown Road (Assessor’s Map G10, Block 104, Lot 002).Zone R-15.(received 7/22/2015; hearing must be opened by 9/25/2015)

Application #15-04 of James W. Gallagher, Owner, for a variance pursuant to Article Seven, Section I, of the Simsbury Zoning Regulations to allow for automotive use in an I-1 zone on the property located at 8 Herman Drive (Assessor’s Map I02, Block 439, Lot 012).Zone I-1.(received 7/22/2015; hearing must be opened by 9/25/2015)

Application #15-05 of Paul Nelson, Owner, for a Side Yard Variance pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate an existing addition on the property located at 36 Fernwood Drive (Assessor’s Map B18, Block 501, Lot 023).Zone R-25.(received 7/22/2015; hearing must be opened by 9/25/2015)

Chairman Piecuch noted that one application should be referred to the Zoning and Planning Commissions.

Ms. Martin made a motion to proceed to Item #2, Application #15-4 on the agenda.  Ms. Hogan seconded the motion.  All were in favor and the motion passed.

Chairman Piecuch noted that Article 12, Section C of the Zoning Regulations states that every application for variance from the Use Regulations as distinguished from the Height and Area Requirements shall be immediately transmitted to the Zoning Commission and Planning Commission, and on or before the public hearing, held by the Board (Zoning Board of Appeals), on such application for variance, the Zoning Commission and Planning Commission shall make a report of their recommendation.

T. J. Donahue, Attorney for Applicant James W. Gallagher for Application #15-04, would like to request that the Application #15-4 be referred to the Zoning Commission and Planning Commission.

Chairman Piecuch did not open the Public Hearing on Application #15-04.

Mr. MacCormac made a motion to receive this Application #15-04 and refer it to the Zoning Commission and Planning Commission in accordance with Article 12, Section C of the Zoning Regulations.  Ms. Martin seconded the motion.  All were in favor and the motion passed.

Chairman Piecuch opened the Public Hearing on Application #15-03.

Mr. Joseph Grella, 10 Firetown Road, discussed his Application #15-03 for a variance pursuant to Article Five, Section F.1, of the Simsbury Zoning Regulations to allow for the construction of an accessory building without a primary building located on the same lot on the property located at 7 Firetown Road (Assessor’s Map G10, Block 104, Lot 002).  Zone R-15. 

Mr. Grella read from a prepared statement regarding the variance for 7 Firetown Road to Board members.

Board members asked questions to Mr. Grella and Ms. Blatt regarding Application #15-03.

Ms. Jean Marecki, 6 Firetown Road discussed the issues with the property at 7 Firetown Road and her safety concerns.

Ms. Lisa Caesar, 45 Owens Brook Boulevard, discussed her safety concerns with 7 Firetown Road.

Ashley Mercer-Schwitter, 13 Firetown Road stated that the current garden, located on 7 Firetown Road, has enhanced the property and she is in favor of Application #15-03. 

Chairman Piecuch read into the record letters/statements from the following individuals in favor of Application #15-03:

Ashley Mercer-Schwitter – 13 Firetown Road

Tara and Jay Willerup

Jeremy Horsefield, 8 Firetown Road

Jamie Assaiante, 24 Firetown Road

Gary Barnhart

George R. Matt

Chairman Piecuch closed the public hearing on Application #15-03.   

Ms. Martin made a motion to approve Application #15-03 as stated on the Application with the hardship being that the lot is too small to build a residence.  Mr. Fallon seconded the motion.

Board members discussed their opinions on the above motion.

            Board members vote was unanimous of 0 Yes and 6 No.  The motion has failed to pass.

Board member Paul Cocchi and Kate Martin recused themselves from Application #15-05.

Chairman asked Attorney Donahue if he would like to proceed with four Board members.  Attorney Donahue stated that he would like to proceed and reserve their right to continue if it gets complicated.

T. J. Donahue, Attorney for Paul Nelson, discussed the variance for Application #15-05 of Paul Nelson, Owner, for a Side Yard Variance pursuant to Article Eight, Section A of the Simsbury Zoning Regulations to accommodate an existing addition on the property located at 36 Fernwood Drive (Assessor’s Map B18, Block 501, Lot 023).  Zone R-25. 

Board members asked Attorney Donahue questions on Application #15-05.  It was noted that the roof overhand was approximately 2 inches and was within the 4 ft. variance requested.

Chairman Piecuch called for public comment; no one spoke in favor or against.

Chairman Piecuch closed the public hearing on Application #15-05.  

Mr. MacCormac made a motion to grant the variance for Application #15-05 for a 4-ft side yard variance to accommodate the existing additional structure on the property on the eastern side at 36 Fernwood Drive; noting that the hardship is that the applicant relied in the building of this additional structure on an incorrect survey that was provided to them by the Town and in good faith tried to live within the Zoning regulations and that this includes a notation that granting this variance is a reasonable accommodation in accordance with the ADA due to the siting of the existing home; this is the only location this addition could be built.  Mr. Fallon seconded the motion.

Chairman Piecuch noted that the variance is only for that which is shown on a property survey prepared for Paul and Kimberly Nelson by Anchor Engineering Services, Inc. dated June 23, 2014, which plan is on file.

Board members vote was unanimous of 4Yes and 0 No.  The motion has passed.

DISCUSSION AND POSSIBLE ACTION

No other items discussed.

OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION

Nothing was discussed at this meeting.

APPROVAL OF MINUTES of April 22, 2015

Mr. MacCormac made a motion to approve the minutes of the April 22, 2015 regular meeting as presented.  The motion was seconded by Ms. Hogan.  Four Board members voted yes and Mr. Fallon abstained.  The motion passed.

Chairman Piecuch noted that there was a typographical error on the agenda and the minutes were not for June 24, 2015 but April 22, 2015 to be approved.

ADJOURNMENT

Mr. Fallon made a motion to adjourn the meeting at 8:32 p.m.  Ms. Hogan seconded the motion.   All were in favor and the motion passed.