Zoning Board of Appeals Minutes 11/18/2015
ZONING BOARD OF APPEALS
Regular Meeting Minutes
November 18, 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 7:00 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT. The following members were also present: Paul Cocchi, 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. 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 November 18, 2015 that included the following applications:
1. 1. Application #15-11 of Bislim Gjonbalaj, Owner, for a variance to the maximum coverage pursuant to Article Eight, Section A; and a variance to the parking setback pursuant to Article Ten, Section E.3, of the Simsbury Zoning Regulations on the property located at 564 Hopmeadow Street (Assessor’s Map G12, Block 132, Lot 036). Zone B-1. (received 10/28/2015; public hearing must be opened by 01/01/2016)
2. 2. Application #15-12 of James E. Rubidoux, Jr., Applicant; Karen Gersten and Scott Birrell, Owners; for a variance to the rear yard setback requirement pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate the installation of a standby generator on the property located at 20 Hunting Ridge Drive (Assessor’s Map J09, Block 106, Lot 010). Zone R-80. (received 10/28/2015; public hearing must be opened by 01/01/2016)
1. Application #15-11
Mr. Brian Denno, Denno Land Surveying & Consulting, LLC, explained Application #15-11 for a variance to the maximum coverage and the parking setback for the property at 564 Hopmeadow Street known as Benny’s.
Board members asked questions to Mr. Denno and Mr. Bislim Gjonbalaj, Owner, which included the additional parking spaces requested in the application. Mr. Glidden explained why additional parking spaces are required and noted that if a third apartment is added, two additional parking spaces will be required.
Mr. MacCormac questioned if the applicant will need to go before the Wetlands Commission. Mr. Glidden stated that they will be required to go before the Wetlands Commission for their next step.
Mr. MacCormac asked what the hardship is for consideration for the variance. Mr. Denno noted that he did not complete the application but discussed the needs of this growing business. Board members discussed the hardship issue with Mr. Denno and Mr. Gjonbalaj.
Mr. Glidden noted the safety of customers coming and going into the business and the need to formalize the parking. He also suggested a rear entrance into the restaurant for the safety of the customers.
Mr. Glidden discussed with Board members the different surfaces that could be used for parking as well as the safety of the patrons.
Acting Chairman Martin opened Public Hearing on Application #15-11.
Ms. Evelyn Goldman spoke on behalf of the applicant and supported the variance requested in Application #15-11.
Ms. Martin closed the Public Hearing on Application #15-11.
Ms. Hogan made a motion to accept Application #15-11 variance to increase the parking for impervious service at 38% and for the variance to the setback for parking spaces on the northern side yard which would grant a 10 ft variance to accommodate additional parking. The hardship being the comfort and safety of the patrons being able to come and go from his business and to accommodate the increase traffic that he is experiencing as a result of improving the business. Mr. Horan seconded the motion.
Board members asked questions to Mr. Denno and discussed the application.
Board members voted five (5) Yes and one (1, Ms. Martin) No. The motion passed.
2. Application #15-12
Mr. James Rubidoux, discussed the Application #15-12 for a variance to the rear yard setback requirement to accommodate the installation of a standby generator on the property located at 20 Hunting Ridge Drive. He noted that the hardship for the variance is due to the plowing of snow on the driveway covering the generator in a snow storm. He stated that if the generator gets covered, it will not start in a power outage.
Mr. Birrell, Owner, explained the addition added to the home prior to his purchase of the property.
Mr. Glidden note, for the record, that he has received letters from the abutting neighbors that they have no objections to this variance. Letters received from Liz and Michael Brantley, 18 Hunting Ridge Drive and Margaret and Steven Libera, 17 Hunting Ridge Drive.
Acting Chairman Martin opened Public Hearing on Application #15-12. There was no one seeking to comment.
Ms. Martin closed the Public Hearing on Application #15-12.
Mr. MacCormac made a motion to grant the variance for Application #15-12 specific variance being granted for a 5 ft. into the 50 ft. setback to the rear of the lot with the specific hardship that the alternative location for a generator would be less than idea given the location of the driveway and the snow plowing patterns. This is the safest and most practical place to locate where the applicant has requested the setback. This variance is for a standby power generator only and the location as depicted in Exhibit 3 in the packet from the applicant.
All were in favor and the motion passed.
IV. DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM, INCLUDING:
Nothing discussed.
V. OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION
Mr. Glidden noted that there will be meeting in December.
VI. APPROVAL OF MINUTES of October 28, 2015
Mr. MacCormac made a motion to approve the minutes for October 28, 2015 as presented. Mr. Horan seconded the motion. All were in favor and the motion passed.
VII. ADJOURNMENT
Mr. Martin made a motion to adjourn the meeting at 8:00 p.m. Mr. Horan seconded the motion. All were in favor and the motion passed.