Zoning Board of Appeals Minutes 10/23/2013 ADOPTED

ZONING BOARD OF APPEALS
OCTOBER 23, 2013
MINUTES FROM REGULAR MEETING

I. CALL TO ORDER

Chairwoman Tegan Blackburn called the Regular Meeting of the Zoning Board of Appeals to order at 7:05 p.m. in the Main Meeting Room at the Town Offices.  Other members and alternates in attendance were:  Jackie Battos, Katie Martin, Carol Bingham, 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

Jackie Battos was appointed to serve for Craig MacCormac.

III. PUBLIC HEARING(s)

1. Application #13-11 of Craig DiGiacomo, Owner, for a Side Yard Variance pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate a shed on the property located at 14 Weatherly Road (Map F05, Block 301, Lot 045). Zone R-40.

The Secretary read Application #13-11 into the record.  The Applicant was welcomed and members of the public in the audience were invited to comment.  The audience was advised that on any variance application the vote of at least 4 commissioners is required, not a majority vote.  Two conditions must be shown to grant a variance:  1) a literal enforcement of the regulations would result in an exceptional difficulty or unusual hardship that relates to the land itself, not affecting a personal or financial type of hardship, and it must be unique to the lot or parcel; and 2) it must be shown that this variance would not disturb the fabric of the comprehensive plan, e.g. health, safety and property values.

The Applicant, a recent Town resident, apologized for putting the shed in without a permit and has now filed for a permit and variance.  A good portion of the property is wetland and it is believed the shed is in the best location hidden behind some trees.  It was stated the Applicant contacted neighbors, they have no problem with the shed, and two letters were provided from immediate neighbors.  The lot is at an angle with one end of the shed at 40 feet and the other at 30 feet.  The shed is 12x20 and matches the white house with black roof and shutters.  A 10-foot paver walkway has been installed from the new driveway to the shed.  The property owner has made significant investment to add value to the property.  Town Staff confirmed that moving the shed further back would place it in the wetland easement area.  The property owner wanted his family to have easy and safe access to the shed and, therefore, kept it a distance from the driveway.

Regarding whether the shed could be moved westerly toward the driveway to minimize the amount of variance requested, the homeowner has installed irrigation and a walkway in that area, and rock.  Some fill was used around the edge of the driveway to prevent cracking.  The topography where the shed is located has not changed and is a flat area.  Regarding locating the shed in the rear of the property, the homeowner did not believe that was feasible because it was very wet and too far from the house with the yard sloping down.  It was explained any backyard location would be difficult due to the sprinkler heads and driveway location.  The Board liked the shed being somewhat hidden from the street.

A member of the public commented that the existing shed was erected without a permit, hardship is not evident, ignorance of the law is no excuse, and the request for a variance should be denied.  Letters were submitted from residents of 13 Weatherly Road and 15 Weatherly Road indicating they have no issue with the shed.

The Applicant is working with the Town Conservation Officer and Wetlands Commission on restoration and improvements, including a vernal pool and the addition of native shrubs.  There is currently an empty lot next to the property.  The property was purchased in the spring with the homeowner moving in last summer with a lot of work performed in a short time.

Mr. Piecuch moved to close the Public Hearing.  The motion was seconded by Mr. Horan.

Ms. Martin made a motion to approve the variance of 14 feet to accommodate an existing shed with the hardship being the existence of wetlands and topography in the rear of the yard.  The motion was seconded by Mr. Horan.

The Commissioners discussed whether the hardship had been met, including the effect on the wetlands of the shed location, topography of the land sloping down in back, the effect of moving the shed on neighbors who approve of its current location, whether removing the shed would cause more damage, safety of the family in using the shed, and that the property owner is now working with Wetlands to rectify areas of grading that eliminated a section of wetlands.  It was noted that wetlands being 10-feet off the driveway is limiting.  Town Zoning regulations have been revised to allow sheds under 200 sq. ft. located behind the rear wall of the house can be 12-feet from the property line allowing a much bigger area to work with.  In this case, the shed is over 200 sq. ft. and the 40-foot side yard requirement remains.   However, the homeowner is limited in that the shed cannot come forward nor go to the rear because of the Conservation Easement and wetlands; it could only be removed or moved to the edge of the driveway.

The motion to approve Application #13-11 carried with 4 Board members in favor and 2 opposed.

IV. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION

Town Staff will draft information applicable to motions and approvals for discussion at next month's meeting in order to assure:  1) the record shows if a 12-foot variance is granted in the 40-foot setback exactly, where the building is on the property; 2) to be specific about what it is for, e.g. a 20-foot addition on the house; and 3) to mention the hardship or reason for approving the variance.  While the Application goes in the file, when the approval letter is issued it must then be filed by the Applicant with the Town Clerk to become effective, so the letter must be clear in its content for correct filing to occur.

V. APPROVAL OF MINUTES of July 24, 1013, August 28, 2013

It was noted the July 24, 2013 minutes were previously approved.

Ms. Martin made a motion to approve the August 28, 2013 minutes as written.  The motion was seconded by Mr. Piecuch and unanimously carried.

2014 Regular Meeting Dates:

Mr. Piecuch made a motion to amend the Agenda to include adoption of 2014 Regular Meeting Dates.  The motion was seconded by Mr. Fallon.

Mr. Piecuch made a motion to adopt the 2014 Meeting Schedule with the only change the November 26th meeting being moved to November 19th.  The motion was seconded by Ms. Martin, and unanimously carried.

VI. ADJOURNMENT

Mr. Horan made a motion to adjourn the meeting at 8:00 p.m.  The motion was seconded by Ms. Bingham and unanimously carried.

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