Zoning Board of Appeals 10/24/2012 ADOPTED
ZONING BOARD OF APPEALS
REGULAR MEETING - ADOPTED MINUTES
October 24, 2012
I. CALL TO ORDER
Acting Chairman Thomas Horan called the regular meeting of the Zoning Board of Appeals to order at 7:00 P. M. in the Main Meeting Room at Simsbury Town Hall. The following members were also present: Jacqueline Battos, Carol Bingham, Tegan Blackburn, Paul Cocchi, Craig MacCormac, Katie Martin, and Greg Piecuch. Also present were: Lynn Charest, Zoning Compliance Officer; Lisa Gray, Commission Clerk; and other interested parties.
II. APPOINTMENT OF ALTERNATES
Acting Chairman Horan appointed Katie Martin to serve as Secretary.
III. PUBLIC HEARING
A. 12-16 Application of John D. Ritson, Member of RC Connectors. LLC, Owner, for a side yard variance to accommodate a garage, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 146 Hopmeadow Street. (Map F17, Block 154, Lot 008). Zone B1.
John Ritson explained that he is seeking a 5-foot side yard variance for construction of 16 one-car garages for future apartment dwellers along the northern property line of this parcel, abutting Hartford Life Insurance Company. He further explained that sufficient space is required for the turnaround and backing up of cars, and stated that wetlands regulations and requirements inhibit alternative placement of the garages on the property.
Acting Chairman Horan opened the hearing to public comment.
Tom Evans, an abutting neighbor, spoke in favor of the application, stating the garages would have no effect on his property or The Hartford.
Judy Rabinowitz, 126 Hopmeadow Street, spoke against the application.
Bob Hafner, 126 Hopmeadow Street, expressed concern about drainage. Mr. Ritson replied that, in accordance with Wetlands Commission requirements, water will drain through the parking area and into a retention pond, and will not affect neighboring Talcott Acres.
Pat Carbone, 126 Hopmeadow Street, asked if additional garages would be constructed in the future. Mr. Ritson replied that he does not anticipate any additional construction.
Hearing no further comments, Acting Chairman Horan closed the public hearing.
A motion was made by Ms. Martin to approve the variance based on the uniqueness of, and the existence of wetlands on, the property, creating an infringement on usable space. The motion was seconded by Mr. Piecuch, and unanimously carried.
B. 12-17 Application of Bill and Sandy Selig, Owners, for a front yard variance to accommodate an existing porch, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 40 Riverside Road. (Map G12, Block 107, Lot 033). Zone R-15.
Bill Selig, Jr. explained that he is seeking a 2.5-foot front yard variance to allow for an existing front porch. He further explained that a 10-foot front yard variance was granted on September 27, 2006, but the porch was constructed an additional 2.5 feet into the setback. Mr. Selig stated that the mistake happened because the builder mistakenly measured the distance from the road to the porch instead of from the property line to the porch.
Acting Chairman Horan opened the hearing to public comment; hearing none, Acting Chairman Horan closed the public hearing.
A motion was made by Ms. Martin to approve the variance based on the builder’s mistake and the position of the house on the lot. The motion was seconded by Ms. Bingham. Ms. Martin withdrew her motion.
A motion was made by Mr. Piecuch to approve the variance based on the shape of the property and the location of the pre-existing non-conforming house on the property. The motion was seconded by Ms. Blackburn, and unanimously carried.
C. 12-18 Application of Yiqun Ma, Owner, for a side yard variance to accommodate a garden shed, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 6 Hallview Drive. (Map 109, Block 106, Lot 012). Zone R-80.
Yiqun Ma explained that he is seeking a 25-foot side yard variance for placement of a shed. He further stated that the steep topography, location of well and septic, and a 50-foot right-of-way behind the home prevent placement behind the dwelling. A lengthy drainage swale, beginning at the right of way and extending the length of the driveway, further restricts alternative placement of the shed.
Board members agreed that it was difficult to tell from the topo map and the submitted photos if there were any alternative locations for placement of the shed.
Acting Chairman Horan opened the hearing to public comment and read an e-mail in favor of the variance from Ted and Suzanne Frigon, 4 Hallview Drive.
Hearing no further comments, Acting Chairman Horan closed the public hearing.
A motion was made by Ms. Bingham to approve the variance based on the topography of the lot and the existence of the swale. The motion was seconded by Ms. Martin.
After extensive discussion, Mr. Ma requested that his application be tabled to allow him time to research alternative locations and possibly return with a reduced variance request.
A motion was made by Mr. Piecuch to table this application until the next regularly scheduled meeting. The motion was seconded by Mr. MacCormac, and unanimously carried.
D. 12-19 Application of Jack and Debra Schmetterling. Owners, for a side yard variance to accommodate a shed, pursuant to Article Eight, Section A of the Simsbury Zoning Regulations, on property located at 28 Harvest Hill Road. (Map D10, Block 133, Lot 069). Zone R-40.
Jack Schmetterling explained he is seeking a 22-foot side yard variance for placement of a shed. He further stated that other properties in the neighborhood have similar sheds. He claimed his hardships to be the steep topography, location of septic and leaching field, and existing mature trees on the property.
Mr. Piecuch asked if the position of the shed could be turned so as to reduce the amount of the variance. Mr. Schmetterling replied that it would be more aesthetically pleasing if the door of the shed were facing out toward the front, as he has proposed.
Acting Chairman Horan opened the hearing to public comment and read letters in favor of the variance from Edward McAusher, 29 Harvest Hill Road; Jessica Wollmar, 30 Harvest Hill Road; Robert and Lyn Lauben, 33 Harvest Hill Road; Duane Royce, 26 Harvest Hill Road; Jane Erie, 35 Harvest Hill Road; Jetaun Dobbs, 31 Harvest Hill Road; and Susan Tourtillotte, 20 Harvest Hill Road.
Debbie Bernard, 26 Metacom Dr., spoke in favor of the variance.
The Board discussed several possible alternatives for placement of the shed which would reduce the amount of the variance required, but Mr. Schmetterling felt any alternative would reduce the functionality of the shed.
Acting Chairman Horan offered the applicant the option of tabling the application to the next meeting, but he declined.
Hearing no further comments, Acting Chairman Horan closed the public hearing.
A motion was made by Ms. Blackburn to approve the variance based on the topography of the lot, and the location of septic and leaching fields, and mature trees on the lot. The motion was seconded by Mr. Piecuch, and unanimously carried.
E. 12-20 Application of Zafar Rashid, Owner, for a side yard variance to accommodate a two-car garage, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 23 Metacom Drive (Map J06, Block 128, Lot 012). Zone R-80.
Zafar Rashid explained that he just purchased this home and he is seeking a 15-foot side yard variance for construction of a two-car garage to be attached to an existing two-car garage. He further explained his hardship to be the location of the home on the property.
Mr. Rashid mentioned that he has made attempts to contact the neighbors but, since he has not yet moved into the house, it has been difficult to make contact.
Acting Chairman Horan opened the hearing to public comment.
Debbie Bernard, 26 Metacom Dr., wondered how much of the new garage would be visible from the road and from neighboring properties. Mr. Rashid replied that final design has not yet been determined, but the maximum height would be 14 feet.
Ms. Bingham asked Mr. Rashid if he had contacted his neighbors, Mr. and Mrs. Ballentine, and he replied that he has attempted to but has not been successful. Ms. Bingham expressed concern that the Ballentines have not been contacted when they are the neighbors most likely to be affected by the variance.
Hearing no further comments, Acting Chairman Horan closed the public hearing.
A motion was made by Mr. MacCormac to approve the variance based on the unique topography and the position of the home on the lot. The motion was seconded by Ms. Martin. Mr. Piecuch, Ms. Bingham, and Ms. Blackburn were opposed. Motion failed.
F. 12-21 Application of Michael Cassetta, Agent for Avon Marketplace Investors, LLC, Owner, for a variance to accommodate an internally-lit sign for BurgerFi Restaurant, pursuant to Article Ten, Section C.7(d), of the Simsbury Zoning Regulations, on property located at 530R Bushy Hill Road. (Map B20, Block 508, Lot 002A). Zone B-3.
Michael Cassetta explained that he is seeking a variance for an internally-lit sign at his proposed restaurant to be located behind Bertucci’s in Avon Marketplace. He stated the sign is necessary because the property is set 475 feet back from the main road and in a corner of the shopping center, making visibility difficult. He informed the Board that the sign has been approved by the Design Review Board and is in keeping with the design of signs on neighboring businesses.
Acting Chairman Horan opened the hearing to public comment.
Kyle Niles, Program Manager, spoke in favor of the variance.
Hearing no further comments, Acting Chairman Horan closed the public hearing.
A motion was made by Mr. Piecuch to approve the variance based on the exceptional distance between the business and Route 44 and the actual location of the business in the shopping plaza. The motion was seconded by Ms. Blackburn, and unanimously carried.
IV. DISCUSSION
A motion was made by Mr. MacCormac to nominate Tegan Blackburn to serve as Zoning Board of Appeals Chairman. The motion was seconded by Ms. Piecuch, and unanimously carried.
A motion was made by Ms. Martin to nominate Thomas Horan to serve as Zoning Board of Appeals Chairman. The motion was seconded by Mr. Piecuch, and unanimously carried.
Upon voting, six members were in favor of Tegan Blackburn and two were in favor of Thomas Horan. Therefore, Tegan Blackburn was elected Chairman.
A motion was made by Mr. Horan to nominate Katie Martin to serve as Zoning Board of Appeals Secretary. The motion was seconded by Mr. Piecuch, and unanimously carried.
Upon voting, all were in favor of Katie Martin serving as Secretary and she was, therefore, elected.
V. APPROVAL OF MINUTES
A. September 19, 2012
A motion was made by Mr. Piecuch to approve the minutes of the September 19, 2012 meeting, as presented. Mr. MacCormac suggested the following revision: Page 2, Item IV., the date of the next regular meeting should read October 24, 2012. The motion, as amended, was seconded by Ms. Blackburn, and unanimously carried.
VI. ADJOURNMENT
A motion was made by Mr. Piecuch to adjourn the meeting at 9:56 P. M.
___________________________
Katie Martin, Acting Secretary