Zoning Board of Appeals Minutes 10/28/2015
ZONING BOARD OF APPEALS
Regular Meeting Minutes
October 28, 2015
“Subject to Approval”
I. CALL TO ORDER
Acting Chairman Katie Martin called the regular meeting of the Zoning Board of Appeals to order at 7:02 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT. The following members were also present: Paul Cocchi, Dennis Fallon, JoAnn Hogan, Thomas Horan and Craig MacCormac. Also present were Michael Glidden, Assistant Town Planner and Leslie Brigham, Commission Clerk.
II. APPOINTMENT OF ALTERNATES
Acting Chairman Martin appointed Paul Cocchi for Tegan Blackburn and Dennis Fallon for Gregory Piecuch. Ms. Martin asked Thomas Horan to serve as Secretary
III. PUBLIC HEARING (s)
Mr. Horan read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for October 28, 2015 that included the following applications:
- Application #15-08 of C-TEC Solar, Applicant; Dwight H. and Susan S. Merriam, Owners; for a variance to the side yard setback requirement pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate the installation of a ground-mounted solar array on the property located at 80 Latimer Lane (Assessor’s Map E16, Block 120, Lot 018). Zone R-40.
- Application #15-09 of Walter Dixon, 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 existing residence on the property located at 6 Walker Drive (Assessor’s Map E14, Block 114, Lot 002). Zone R-40.
- Application #15-10 of Jason Levesque, Applicant; Debra M. Schultz, Owner; for a variance to the side yard setback requirement pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate the placement of a generator on the property located at 7 Stillwood Chase (Assessor’s Map F14, Block 114, Lot 032). Zone R-40 OS.
Application #15-08
Acting Chairman Martin tabled this application until someone is present to speak on this application.
Application #15-09
Mr. Walter Dixon discussed his application #15-09 for a variance to accommodate the construction of an addition to the existing residence on the property located at 6 Walker Drive. The applicant’s architect also explained the structure that is to be built. Mr. Dixon noted that the two neighbors impacted by this variance are in favor of the variance. Mr. Glidden confirmed that he has received letters from these neighbors in favor of the application.
Mr. Dixon described the hardship for this application to committee members.
Board members asked questions to the applicant and Mr. Glidden.
Acting Chairman Martin opened Public Hearing on Application #15-09. There was no one seeking to comment.
Ms. Martin closed the Public Hearing.
Mr. Horan made a motion to grant the applicant his request, being that he is reducing the non-conformity with the additions he is proposing, with the hardship being an older home and the zoning was changed after the home was built and it became non-conforming with the change in the zoning. Mr. Fallon seconded the motion.
All were in favor and the motion passed.
Application #15-08
Ms. Hogan recused herself from the meeting.
Mr. Jeff Pipeling, C-TEC Solar, Applicant, distributed revised plans and a read a letter into the record from the homeowner, Dwight Merriam, dated October 28, 2015.
Mr. Pipeling explained what their plans are for the property for the solar array on the ground.
Ms. Martin read into the record a letter dated October 28, 2015 from Mr. Merriam to Mr. Glidden into the record.
Ms. Martin read into the record a letter dated October 26, 2015 from Mr. Agrawal, 78 Latimer Lane, to Simsbury Board of Appeals.
Board members asked various questions to Mr. Pipeling on the installation and placement of the ground panels.
Mr. Glidden discussed what conditions should be included in the motion which included the architectural drawings that were received referencing the total height of the panels not to exceed 10 feet and that it has to do with the screening that states that the applicant has to provide visual screening from the panels from the public right of way and from 78 Latimer Lane. The applicant also has to provide such screening plan to the Town staff for issuance of the building permit for construction of the panels.
Acting Chairman Martin opened Public Hearing on Application #15-08. There was no one seeking to comment.
Mr. Pipeling stated that they will agree to provide all documentation needed to the Town and stay within the guidelines if approved.
Ms. Martin closed the Public Hearing.
Mr. MacCormac made a motion to grant the Application #15-08 seeking a ten (10) foot variance to the side yard setback pursuant to Article 8 Section 8A to accommodate the ground structure solar array and stipulate the conditions for approval as: (1) not to exceed 10 ft. height; (2) screening to be installed to be complete visual screening from public right of way and from 78 Latimer Lane and applicant to provide staff a copy of the screening plan for issuance of the building permit. The hardship being that the lot does not accommodate a structure of this type anywhere else and this is the most logical place, given the fact that there are wetlands and large old grown vegetation preventing it from being placed elsewhere. Mr. Horan seconded the motion.
Board members and Mr. Glidden discussed the application which included the hardship.
Board members voted four (4) Yes and one (1, Mr. Cocchi) No. The motion passed.
Application #15-10
Mr. Jason Levesque, applicant, distributed a letter from the homeowner to Board members and discussed the requested variance and the hardship. Mr. Levesque provided pictures of the property and explained the layout.
Board members asked various questions to Mr. Levesque on his application and the requested setback. Mr. Glidden and Board members discussed decreasing the side yard setback requested to be placed closer to the house.
Ms. Martin opened the Public Hearing on Application #15-10. There was no one seeking to comment.
Ms. Martin closed the Public Hearing.
Mr. MacCormac made a motion modifying Application #15-10 to be a thirty-four (34) feet setback from the westerly property line on the side yard and to grant a six (6) foot variance from the house or thirty four (34) feet from the westerly side yard property line with the condition that the applicant provides to Town staff a revised A-2 survey showing exactly where they will plan to place this generator and that the purpose of the variance is to place a back-up stand-by generator in the location that is described in the variance and the applicant will provide in advance of proceeding. Hardship is the nature of this lot and the placement of the house on the lot makes it very difficult to find a location to have this equipment installed. Mr. Fallon seconded the motion.
Board members discussed the discussed the application and hardship.
All were in favor and the motion passed.
IV. DISCUSSION AND POSSIBLE ACTION
Update Rules and Procedures
Nothing was discussed.
2016 Meeting Calendar
Ms. Martin noted that the 2016 Meeting Calendar has been distributed to Board members.
Mr. Fallon made a motion to approve the proposed Zoning Board of Appeals 2016 Regular Meeting Calendar. Mr. MacCormac seconded the motion. All were in favor and the motion passed.
V. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
Ms. Martin noted the next elections coming up and the new configuration of the Board members will be in January, 2016. Mr. Glidden noted that there will be an election of officers in January.
VI. APPROVAL OF MINUTES of August 26, 2015
Mr. Horan made a motion to approve the minutes for August 26, 2015 as presented. Mr. Fallon seconded the motion. All were in favor and the motion passed.
VII. ADJOURNMENT
Mr. Horan made a motion to adjourn the meeting at 8:40 p.m. Mr. Fallon seconded the motion. All were in favor and the motion passed.