Zoning Board of Appeals Minutes 07/24/2013 ADOPTED
ZONING BOARD OF APPEALS
JULY 24, 2013
MINUTES FROM REGULAR MEETING
I. CALL TO ORDER
Chairwoman Tegan Blackburn via teleconference called the Regular Meeting of the Zoning Board of Appeals to order at 7:00 p.m. in the Main Meeting Room at the Town Offices. Other members and alternates in attendance were: Jackie Battos, Katie Martin, Gregory Piecuch, Thomas Horan, Dennis Fallon, and Paul Cocchi, Jr.. Also present were: Howard Beach, Conservation Officer, Janis Prifti, Commission Clerk, and other interested parties.
II. APPOINTMENT OF ALTERNATES
Chairwoman Blackburn appointed Mr. Cocchi to serve for Craig MacCormac and Mr. Fallon to serve for Carol Bingham.
III. PUBLIC HEARING(s)
Carol Bingham joined the meeting at 7:05 p.m. Secretary Katie Martin read the legal notices into the record.
1. Application #13-03 of Carl T. Landolina, Agent for James Bosworth, Owner, for Side and Rear Yard Variances to accommodate an existing dock pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 4 Apple Lane (Map D08, Block 147, Lot 2). Zone R-40. (continued from June 26, 2013)
Application #13-03 was continued from the previous meeting and Board members who were not present confirmed they have read and are familiar with Application documents.
Today Mr. Beach received a letter from the Bosworths’ attorney indicating he could not attend tonight's meeting, waiving his rights to further presentation of material, and allowing the Board to close the Hearing and proceed to vote; the previously missing affidavit was also received.
Ms. Blackburn reviewed that the purpose of tonight's hearing is to take comments from the public and for the Applicants to present their Application. Ms. Blackburn reviewed that in order for a Variance to be granted, the affirmative vote of at least 4 commissioners is required, not a majority. Two conditions must be shown: 1) a literal enforcement of the regulations would cause an exceptional difficulty or unusual hardship affecting the land itself (not personal, financial or similar issues); and 2) if the variance is granted, it cannot disturb the fabric of the comprehensive plan in Town, including safety, health, property values, and things of that nature. It was requested that speakers tonight keep those concepts in mind.
Craig MacCormac joined the meeting at 7:10 p.m.
Public comment was invited. Application #13-03 to accommodate an existing dock was addressed by neighbor, Mr. Hixson. He summarized that the Bosworths’ attorney has acknowledged their Deed does not include land or water where a major portion of the Bosworths’ dock was constructed. Also, the Deeds and plotted engineering lines filed with the Town for both Apple Lane and Hop Hollow subdivisions confirm the property lines. Much of the dock constructed on the rear and side yards of 4 Apple Lane, without a permit, is on Hop Hollow property and has existed for over a year. He felt there was no hardship and requested the Application be denied and immediate removal of the illegal, objectionable structure from the subdivision properties be required without further delay. Further comment by the public was invited.
Mr. Piecuch moved to close the Public Hearing. The motion was seconded by Mr. Horan and unanimously carried.
Ms. Martin made a motion to approve the variance to accommodate an existing dock for the reasons stated in the Application. The motion was seconded by Mr. Horan.
Chairwoman Blackburn discussed focusing on the Board's clear statutory jurisdiction to determine the extent of a hardship and the extent it conforms to the comprehensive plan; a Court would have to decide legal issues. At least a portion of this dock is on the Applicants’ property and neither counsel at the last Hearing presented any challenge to the issue of standing. She recommended tonight focusing on discussion of the hardship stated to be the fact the property is located on a watercourse and a specific hardship that a dock is incidental and customary use of such properties. Also submitted to the Town was a Declaration prepared by the Association; the original developers of that parcel provided for privately regulating the watercourse via the Declaration, with the Applicant having a right to a dock, but speakers at the previous hearing stated the installed dock exceeded what was permitted.
The Board members discussed whether the hardship is specific enough to suggest something unique about this parcel to find a hardship exists for a moderate-size pond, not very deep, partially built on someone else's property, with many other parcels abutting the watercourse. The dock could have been constructed so that no Variance would be necessary for a dock considered incidental and customary. Granting such a Variance would have a broad impact where anyone abutting a watercourse would be entitled to put a dock in; such a request would have to be made to the Zoning Commission to change the regulation dealing with docks. Also the fact that this has gone on for over a year with the Town laws being ignored, the neighborhood being against it, and no one representing the Applicant is in attendance at this meeting.
Mr. MacCormac reviewed Mr. Hixon's written statement.
A vote was taken for Application #13-03 and all Board members were opposed. Motion failed.
Regarding how quickly the dock will be removed, Mr. Beach reviewed that a letter will be sent to the Applicants immediately that the dock remains in violation and the fine of $150/day running since 12/26/12 is now due and payable. If the Applicants requests a hearing, the Hearing Officer must hold a hearing in 15-30 days; if the fine is imposed or the dock is not removed, the Town would seek injunctive relief in Superior Court. A permit from the Conservation Commission is also required to remove the dock.
At 8 p.m. Chairwoman Blackburn left the meeting, appointing Mr. Horan to act as Chairman. Chairman Horan appointed Mr. Fallon to serve for Ms. Blackburn.
2. Application #13-07 of Laurel and Gregory McGee, Owners, for a Side Yard Variance to accommodate an addition to the dwelling pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 20 Browngate Lane (Map C04, Block 203, Lot 039). Zone R-80 OS.
The Applicants’ hardship is due to the location of the existing home on a steep hill on the 2-acre lot with the south side of the house only 40 feet from the property line. The kitchen was built in the middle of the south side and is only about 12x8 feet; anything opened in the kitchen blocks access/egress; people must move from the dining area to allow access/egress, there is no kitchen ventilation, with a cook top peninsula accessible from 3 sides and one child has burned fingers so far. They are requesting a 6-foot variance to move the dining area away from the kitchen to improve function. It is not possible to move all kitchen utility hookups to another side of the house without gutting the house, in order to stay within the 40-foot zone. Two letters of support from neighbors Rosa Quinn at 18 Browngate Lane and Susan Caldwell at 15 Browngate Lane were provided to the Board and read into the record. The house is not visible from any other property, with the extension going on an existing patio. An architect has been hired by the Applicant to maintain the character of the house and ensure the addition will not impact the neighborhood. The required one-page notarized Affidavit was provided to the Board. The audience was invited to comment.
Mr. Fallon made a motion to close the hearing. The motion was seconded by Mr. MacCormac and unanimously carried.
Ms. Bingham made a motion to approve Application #13-07 for a Side Yard Variance at 20 Browngate Lane, with the hardship being the topography, shape of the lot, and the safety issue.
The Board members discussed the multiple hardships for Application #13-07, including kitchen safety, topographical and utility issues, and the reasonableness of the design and community support.
Ms. Bingham amended the motion to add a six-foot variance in accordance with Application #13-07 to build what is in the plan submitted. The amended motion was seconded by Ms. Martin and unanimously carried.
3. Application #13-08 of Brenda J. Elder, Owner, for a Side Yard Variance to accommodate the construction of an attached one-car garage pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 71 Laurel Lane (Map E05, Block 301, Lot 003B). Zone R-80.
The Applicant provided the notarized Affidavit to the Board. She has owned this small cape-style house at 71 Laurel Lane since 1984 and is requesting a 23-foot Variance to build a 1-car attached garage on this thinly-shaped lot. Because Zoning Regulations have changed over the years, R-80 now requires 80,000-square foot lots, which is much larger than her lot. The Applicant discussed the impact of severe winters and clearing her car off which has begun to rust, the need for additional storage of yard equipment currently moved in and out of the basement on the other side of the house, and being the only house on the street without a garage. Topography of the land is flat and wooded. Mr. Beach confirmed that the variance requested is 13 feet from the initial structure with a 40-foot setback and the existing structure is currently 10 feet into the side yard setback. The Board reviewed the property and area layout and neighbor, Wes Wessy in attendance at the meeting, stated his support of the garage Variance and the added privacy it would provide his home. Three letters from neighbors supporting this Application were provided to the Board and read into the record from: Deb and Wes Wessy at 73 Laurel Lane, Richard and Jane Hall at 70 Laurel Lane, and Elizabeth and Stephen Smith at 71 Laurel Lane. The audience was invited to comment.
Mr. Piecuch made a motion to close the hearing. The motion was seconded by Mr. Fallon and unanimously carried.
Ms. Martin made a motion to approve the 23-foot Side Yard Variance, with the hardship being the non-conforming structure of the lot and additional safety hardships of having a car and other vehicles in the elements in the winter. The motion was seconded by Mr. Fallon.
The Board members discussed the unique size of the lot, the difficulty of removing heavy yard equipment to and from the basement, the impact of changing regulations over time, Mr. Beach's written review of the situation, and the reasonableness of this request.
A vote was taken for Application #13-08 and was unanimously carried.
IV. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
None.
V. APPROVAL OF MINUTES of June 26, 2013
Mr. Fallon made a motion to approve the June 26, 2013 minutes as written. The motion was seconded by Mr. MacCormac and unanimously carried.
VI. ADJOURNMENT
Mr. Martin made a motion to adjourn the meeting at 8:10 p.m. The motion was seconded by Mr. Piecuch and unanimously carried.
___________________________