Zoning Board of Appeals 11/28/2012 ADOPTED

ZONING BOARD OF APPEALS
REGULAR MEETING - ADOPTED MINUTES
November 28, 2012

I. CALL TO ORDER

Chairman Tegan Blackburn called the regular meeting of the Zoning Board of Appeals to order at 7:04 P. M. in the Main Meeting Room at Simsbury Town Hall.  The following members were also present:  Jacqueline Battos, Carol Bingham, Paul Cocchi, Dennis Fallon, Craig MacCormac, and Katie Martin.  Also present were Lynn Charest, Zoning Compliance Officer; Lisa Gray, Commission Clerk; and other interested parties. 

II. APPOINTMENT OF ALTERNATES

Chairman Blackburn appointed Dennis Fallon to serve for Thomas Horan and Jacqueline Battos to serve for Greg Piecuch.

III. PUBLIC HEARINGS

A. 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. (Continued from October 24, 2012 meeting.)

Yiqun Ma explained that, as requested by the Board at their October 24, 2012 meeting, Lynn Charest and Howard Beach visited his property to determine the location of a swale and drainage pipes as indicated on the site plan dated November 12, 2004.  He also stated that, prior to their visit, Mr. Beach discovered a revised site plan dated May 3, 2005.  This revised plan shows the location of the existing swale, the foundation drain outlet pipe, and the yard drain.  Upon their visit, Mr. Beach and Ms. Charest confirmed the placements of the swale, pipe, and drain, and discussed options with Mr. Ma to relocate the shed further out of the regulated area.  Mr. Ma informed the Board that he was able to relocate the shed five feet to the south, thereby reducing his requested variance from 25 feet to 20 feet.

Mr. Beach explained to the Board the necessity for, and purpose of, the swale, outlet pipe, and yard drain.

Mr. Ma reminded the Board that his neighbors are all in favor of the variance and have not expressed any objections.  He also, once again, claimed his hardship to be the property’s steep topography, the location of the septic system and well, and the existing 50-foot utility right-of-way and the aforementioned swale, drain outlet pipe, and yard drain.

Chairman Blackburn opened the hearing to public comment; hearing none, she closed the public hearing.

A motion was made by Mr. MacCormac to approve a 20-foot variance, based upon the hardships stated in the application.  The motion was seconded by Ms. Martin, and unanimously carried.

B. 12-20 Application of Lawrence Rubin, Agent for Melissa Rubin, Owner, for a side yard variance to accommodate a generator, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, on property located at 92 Seminary Road (Map F08, Block 116, Lot 004).  Zone R-15.

Lawrence Rubin explained that he is seeking a five-foot side yard variance for placement of a generator.  He further stated that the property is zoned R-15, with only 12-foot side yard setbacks, and that his house is situated just 13 feet from the side property line.  He explained that the generator must be placed three feet from the house and near existing utilities, thereby limiting its placement options on the property.

Mr. Rubin stated that he has discussed the need for the variance with his neighbors and he received no objections. 

Chairman Blackburn opened the hearing to public comment; hearing none, she closed the public hearing.

A motion was made by Ms. Martin to approve a five-foot side yard variance, based on the requirement to locate the generator near existing utilities.  The motion was seconded by Mr. Fallon, and unanimously carried.

IV. DISCUSSION

A. Proposed 2013 Meeting Schedule

A motion was made by Ms. Bingham to adopt the proposed 2013 Meeting Schedule, as presented.  The motion was seconded by Mr. Fallon, and unanimously carried.

V. APPROVAL OF MINUTES

A. October 24, 2012

Ms. Martin recommended the following revision to the minutes of the October 24, 2012 meeting:

Page 5, Item IV. DISCUSSION, the first motion should be revised to read that it was seconded by Mr. Piecuch, not Ms. Martin.

A motion was made by Ms. Martin to approve the minutes with the recommended revision.  The motion was seconded by Mr. MacCormac, and unanimously carried.

VI. ADJOURNMENT

  A motion was made by Ms. Martin  to adjourn the meeting at 7:34 P. M.

_________________________
Katie Martin, Secretary