Zoning Board of Appeals Minutes 07/23/2014 ADOPTED
ZONING BOARD OF APPEALS
REGULAR MEETING
July 23, 2014
I. CALL TO ORDER
Acting Chairman Katie Martin called the regular meeting of the Zoning Board of Appeals to order at 7:01 P. M. in the Main Meeting Room at Simsbury Town Hall. The following members were also present: Carol Bingham, Paul Cocchi, Dennis Fallon, Thomas Horan, and Craig MacCormac. Also present were Michael Glidden, CFM, CZEO; Lisa Gray, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Acting Chairman Martin appointed Dennis Fallon to serve for Gregory Piecuch, Paul Cocchi to serve for Tegan Blackburn, and Thomas Horan to serve as Secretary.
III. PUBLIC HEARINGS
14-10 – Application of Robert Cave, Owner, for a Variance, pursuant to Article Eight, Section A6, of the Simsbury Zoning Regulations, to permit two existing principle residences on the property located at 18-20 Stratton Brook Road (Map F14, Block 103, Lot 007). Zone R-15.
Robert Cave explained that he purchased this property this year with the intention of using it as rental income property. He further explained that he is seeking a variance to allow the two existing rental residences to remain on the property. Mr. Cave noted that the two residences have been used as rental units for many years and, according to the Assessor’s records, has been taxed as two residences as far back as 1950. He stated that, if the variance is not granted, he will not be able to use his property as he intended.
Acting Chairman Martin asked how this came to the attention of the town. Mr. Glidden responded that the property had been available for sale through a foreclosure and Mr. Cave contacted the town about getting a Certificate of Occupancy.
Mr. Cocchi asked when the zoning law went into effect that did not allow two rental residences on one property. Mr. Glidden replied that that occurred in the late 1950s.
Mr. MacCormac asked if it was possible that the assessor didn’t realize this was actually one property. Mr. Glidden responded that, if that were the case, each residence would have been assigned a different record number, but, in this case, they both have the same record number.
Mr. Cocchi asked if the property can be subdivided. Mr. Glidden replied that the property is not large enough to be subdivided.
Acting Chairman Martin opened the hearing to public comment; hearing none, she closed the public hearing.
A motion was made by Ms. Bingham to approve a variance permitting two principle residences on one lot, based on the town’s long-standing oversight of its non-conforming use. The motion was seconded by Mr. Horon, and unanimously carried.
14-11 – Application of Michael and Michelle Cole, Owners, for a Front Yard Variance, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate an attached deck on the front of the residence on property located at 11 Parsons Drive (Map F16, Block 124, Lot 013). Zone R-30.
Michael Cole explained that he is seeking an eight-foot front yard variance to construct a 13-foot-wide front porch/deck with access to the home’s kitchen on this corner lot. He further explained that he had recently renovated his kitchen and installed a door exiting to the front yard with the understanding from the town building inspector that there would be no problem installing a deck. Furthermore, because of the location of sewer pipes to the rear of the home, this is the most feasible location for the deck.
Mr. MacCormac asked if the deck’s stair design could be modified to only extend to the side of the deck and not off the front. Mr. Cole replied that, yes, it could be modified, and that would eliminate three feet required for the variance, but Michelle Cole expressed her opinion that this wouldn’t be as safe for visitors approaching the front door and kitchen door.
Mr. Glidden noted that there is a ten-foot easement along Parsons Drive, essentially situating the home 65 feet from the curb.
A motion was made by Mr. MacCormac to approve an 8-foot front yard variance, based on the location of the town’s sewer pipes, safety concerns, and the fact that this property is encumbered by two front yard setbacks. The motion was seconded by Mr. Fallon, and unanimously carried.
IV. MINUTES
June 25, 2014
A motion was made by Mr. MacCormac to approve the minutes of the June 25, 2014 meeting, as presented. The motion was seconded by Mr. Cocchi, and unanimously carried.
V. ADJOURNMENT
A motion was made by Mr. Horan to adjourn the meeting at 7:57 P. M.
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Thomas Horan, Acting Secretary