Zoning Board of Appeals Minutes 08/26/2015
ZONING BOARD OF APPEALS
Regular Meeting Minutes
August 26, 2015
“Subject to Approval”
I. CALL TO ORDER
Chairman Gregory Piecuch called the regular meeting of the Zoning Board of Appeals to order at 7:07 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT. The following members were also present: Dennis Fallon, JoAnn Hogan, Thomas Horan and Craig MacCormac. Also present were Rachel Blatt, Assistant Town Planner, Michael Glidden, Code Enforcement Officer and Leslie Brigham, Commission Clerk.
II. APPOINTMENT OF ALTERNATES
Chairman Piecuch appointed Dennis Fallon for Carol Bingham and JoAnn Hogan for Tegan Blackburn. He appointed Thomas Horan to serve as Secretary for this meeting.
Chairman Piecuch made a motion to proceed to item # VI for Approval of the Minutes of July 22, 2015. Mr. MacCormac seconded the motion. All were in favor and the motion passed.
VI. APPROVAL OF MINUTES of July 22, 2015
Mr. MacCormac made a motion to accept the July 22, 205 minutes. Mr. Fallon seconded the motion. All were in favor and the motion passed.
III. PUBLIC HEARING (s)
Chairman Piecuch read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for August 26, 2015 at 7:00 p.m.:
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) (continued from 07/22/2015)
Application #15-06 of Thomas Kazukynas, Owner, for a variance to the front yard setback requirement pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate the construction of an addition to the home on the property located at 9 Stebbins Brook Lane (Assessor’s Map G12, Block 109, Lot 003).Zone R-15.(received 8/26/2015; hearing must be opened by 10/30/2015)
Application #15-07 of Timothy Martin, Owner, for a variance pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to allow for a reduction in the frontage requirement for a building lot on the property located at Lark Road (Assessor’s Map D03, Block 208, Lot 003A).Zone R-40.(received 8/26/2015; hearing must be opened by 10/30/2015)
1. Application #15-04
T. J. Donahue, Attorney for applicant James W. Gallagher for Application #15-04, discussed the application for 8 Herman Drive, which is located in Simsbury as well as East Granby. Attorney Donahue described the property and its use to Board members. He noted that they have gone before the Zoning and Planning Commissions on this variance and discussed the outcome of these meetings.
Board members asked questions to attorney Donahue and Ms. Blatt regarding this variance application.
Chairman Piecuch opened public hearing on this application. There was no one seeking to comment.
Chairman Piecuch closed the public hearing.
Ms. Hogan made a motion to vote the application to approve with the hardship being the division of the square footage being partially in Simsbury and partially in East Granby and bringing those into agreement and the use that the variance is being granted for is automotive repair only and does not include the selling of fuel, automobile sales or automobile storage and that a conditional approval will be that a plan outlining the square footage will be recorded along with the variance that is consistent with Exhibit 4 of the application. This will also include the condition that no outdoor storage material related to the automotive repair facility shall be permitted in the portion that falls within Simsbury. Mr. MacCormac seconded the motion.
All were in favor and the motion passed.
2. Application #15-06
Mr. Thomas Kazukynas, owner, discussed his application #15-06 for a variance to his property at 9 Stebbins Brook Lane with Board members.
Board members asked questions to Mr. Kazukynas and discussed his application.
Chairman Piecuch opened the public hearing.
Mr. Daniel Diodato, 12 Middle Lane and Dawn Peterson, 11 Stebbins Brook Lane stated their support for this application.
Chairman Piecuch read into the record two letters of support for this application from Barbara Conroy, 8 Middle Lane and Marco Posadas, 10 Middle Lane.
Mr. Kazukynas asked additional questions on his application from Board members.
Chairman Piecuch closed the public hearing.
Mr. Fallon made a motion to approve application #15-06 seeking a 9 foot variance for the purpose of installing an enclosed porch, as shown on the application maps submitted by the applicant, due to the unusual characteristic smallness of the property constituting the hardship. Mr. Horan seconded the motion.
Board members vote was unanimous and the motion passed.
3. Application #15-07
Chairman Piecuch opened the public hearing on the application #15-07.
Mr. Timothy Martin, Owner, 9 Dogwood Lane discussed his application with Board members for the variance on his property located on Lark Road. He described and distributed various exhibits to Board members.
Chairman Piecuch noted for the record that they are reviewing 30, 57 and 58 Zoning Regulations.
Ms. Jean Gazzola, 9 Briarwood Drive spoke against the variance and her concern if the variance was approved.
Chairman Piecuch read a letter submitted from Steve and Mary Perkins against this variance application.
Ms. Blatt read the definition of a street in Simsbury to Board members.
Robert Decrescenzo, Town Attorney, briefly spoke on this application.
Mr. Martin voiced his displeasure on the process of his application for the property on Lark Road and discussed a letter that was submitted against his variance.
Chairman Piecuch closed the public hearing.
Exhibits, introduced by the applicant, have been initialed and handed to staff to be included in the file.
Mr. Fallon made a motion to approve application #15-07 seeking a 150 foot variance to the easterly side of the lot on Lark Road to accommodate the property to become a buildable residential lot with the hardship being the access to the lot for building purposes. Mr. MacCormac seconded the motion.
Board members discussed their opinions on the application.
Board members voted 0 Yes and 5 No. The motion has failed to pass.
Chairman Piecuch noted their denial for the variance is due to insufficient evidence of hardship and that there is no other alternative but to grant a full variance in this case and no plan was filed showing the intended improvements. All members were in agreement with this statement.
IV. DISCUSSION AND POSSIBLE ACTION
Update Rules and Procedures
No other items discussed.
V. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
Mr. MacCormac noted that this will be Chairman Piecuch last meeting and thanked him for his leadership and time. Board members briefly discussed the process for his replacement.
VII. ADJOURNMENT
Mr. Fallon made a motion to adjourn the meeting at 8:39 p.m. Ms. Hogan seconded the motion. All were in favor and the motion passed.