Zoning Board of Appeals Minutes 08/27/2014 ADOPTED

ZONING BOARD OF APPEALS

REGULAR MEETING MINUTES

August 27, 2014

I.          CALL TO ORDER

Chairman Greg Piecuch called the regular meeting of the Zoning Board of Appeals to order at 7:05 P. M. in the Main Meeting Room at Simsbury Town Hall.  The following members were also present:  Carol Bingham, Paul Cocchi, Thomas Horan, 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 Paul Cocchi to serve as a full member for Craig Maccormac.

III.       PUBLIC HEARINGS

14-12 – Application of Robert Hazen, Applicant; Benjamin and Aimee Heaton, Owners, for a Side Yard Variance, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate the construction of an addition to the existing residence on the property located at 6 Forest Lane (Map E12, Block 125, Lot 021).  Zone R-30.

Benjamin Heaton explained he is seeking a 6.8-foot side yard variance to construct a bedroom addition to the rear of his home.  He further explained that the property’s septic tank, outside basement access, and garage locations limit placement of the addition in any other location.

Mr. Glidden noted that Susan Hitt, 21 Woodside Circle, visited his office for information on the application, but did not voice any objections.

Chairman Piecuch noted that it appears that the original setback on the home, when it was built in 1947, was 15 feet, but was changed to 30 feet at a later time.  Mr. Glidden confirmed that that was true.

Chairman Piecuch opened the hearing to public comment; hearing none, he closed the public hearing.

A motion was made by Ms. Martin to approve a 6.8-foot side yard variance to the northern side of the house, to construct a one-story addition, based on the non-conforming structure, the position of the home on the lot, and the zone change after the home was built, making it difficult to build on any other area of the property.  The motion was seconded by Ms. Bingham, and unanimously carried.

14-13 – Application of Andrew Veselak, A & B Homes, LLC, Owner, for a Side Yard Variance, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate the construction of an addition to the existing residence on property located at 63 Woodchuck Hill Road (Map A10, Block 420, Lot 009).  Zone R-40.

Andrew Veselak explained that he was granted a 15-foot variance to construct an addition at the Zoning Board of Appeals meeting held on April 24, 2013, but the completed construction encroached an additional six inches into the setback, which was not discovered until he applied for a Certificate of Occupancy.  He further stated that he is seeking the additional variance to legalize the completed addition.

Mr. Glidden informed the Board that one unidentified neighbor visited his office and expressed favor for the variance.

Chairman Piecuch opened the hearing to public comment; hearing none, he closed the public hearing.

A motion was made by Ms. Bingham to approve a 15.8-foot southern side yard variance to legalize an existing addition, based on the placement of the house on the property and the unusual shape of the lot.  The motion was seconded by Ms. Martin, and unanimously carried.

14-14 – Application of Chen & Gao Realty, LLC, Owner for Front and Side Yard and Max Coverage Variances, pursuant to Article Eight, Section A; Parking and Circulation Drive Minimum Setback Requirements to Side and Rear Property Lines Variances, pursuant to Article Ten, Section E.8; and Parking Ratio Requirements for Restaurants Variances, pursuant to Article Ten, Section E.4, of the Simsbury Zoning Regulations to accommodate the construction of a mixed-use building housing a restaurant on the first floor and two two-bedroom apartments on the second floor on the property located at 568 Hopmeadow Street (Map G12, Block 132, Lot 037).  Zone B-1.

Ed Lally, Engineer, gave a brief history of this property and stated that this is one of the smallest non-residential properties on Hopmeadow Street.  In fact, it is so small that only 35% of the lot is legally buildable without any variances.  Mr. Lally further explained that the owner is seeking approval for several variances in order to construct a new building to house a restaurant on the first floor and two two-bedroom apartments on the second floor.  He also noted that the owner of the property operates the neighboring restaurant, Green Tea, and is currently in negotiations with that property owner to purchase the property.

Mr. Lally stated that conversations with the town building department indicated that the town does not want parking in the front of the proposed building or the proposed dumpster area opening to the street.  These modifications further hinder construction within the buildable area.  Mr. Lally also stated that there are several non-conformances currently on the property which the owner is hoping to utilize in the new plan.

Ms. Martin noted that the trellis depicted on the plans should be included in the variance because it is a structure attached to the building.  Mr. Lally confirmed that the trellis was not included in the variance and corrections will need to be made to include it.

Mr. Lally reviewed the applicant’s hardships as outlined in his narrative included with the application.

Mr. Glidden noted that a study showed that there are only two other properties of similar size in the area and both of those properties have structures on them.  He also noted that the property’s existing non-conformances have been abandoned because the previous owner did not rebuild within one year of the original building’s demolition.

Ms. Martin asked if there is an ability to share parking with the neighboring Green Tea property.  Mr. Lally replied that the applicant is in negotiations to purchase that property, so it may be a possibility in the future.

Mr. Lally asked to table this application to the next regularly scheduled meeting to allow time for the applicant to complete negotiations for the purchase of the neighboring Green Tea property.

Mr. Glidden informed the Board that the owner of the neighboring property to the south, Benny Gjonbalaj, visited his office to express that he is in favor of the application.

A motion was made by Mr. Horan to table this application to the next regularly scheduled meeting.  The motion was seconded by Ms. Martin, and unanimously carried.

IV.       MINUTES

July 23, 2014

A motion was made by Mr. Horan to approve the minutes of the July 23, 2014 meeting, as presented.  The motion was seconded by Mr. Cocchi, and unanimously carried.

V.        ADJOURNMENT

            A motion was made by Ms. Martin to adjourn the meeting at 8:10 P. M.

____________________________

Katie Martin, Secretary