02/24/2021 Zoning Board of Appeals Minutes
Subject to Approval
ZONING BOARD OF APPEALS-MEETING MINUTES
WEDNESDAY, FEBRUARY 24, 2021
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER - Mr. Antonio called the meeting to order at 7:00pm. Mr. Antonio led the meeting due to Ms. Martin’s absence.
II. ROLL CALL
1. Appointment of Alternatives: Ali Rice
Present: Steven Antonio, Joann Hogan, Mark Freeman, Ali Rice, Joshua Michelson, Thomas Hazel
Absent: Katie Martin and Ram Kaza
III. ELECTION OF OFFICERS
• Mr. Antonio discussed the election of officers due to Ms. Martin’s departure from the Board. Mr. Antonio expressed interest in chairing the Zoning Board of Appeals. There was no further interest in this position from any other members. Ms. Hogan made a motion to nominate Mr. Antonio as the new chair of the Zoning Board of Appeals. Mr. Michelson seconded the motion.
MOTION: Four in favor, Mr. Antonio abstained, no opposed (4-1-0)
• Mr. Antonio nominated Ms. Hogan for the position of secretary. There was no further interest in this position from any other members. Mr. Antonio made a motion to nominate Ms. Hogan as the new secretary of Zoning Board of Appeals effective immediately. Ms. Rice seconded.
MOTION: Four in favor, Ms. Hogan abstained, no opposed (4-1-0)
IV. APPLICATIONS
1. Public Hearings
A. Application #21-02: of William A. Campbell, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 10’ x 12’ shed within the front yard at the property located at 2 Cricket Lane (Assessor’s Map C19, Block 511, and Lot 002) Zone R-40)
• Mr. Campbell presented his application. This will be a Kloter Farms drop shed. Mr. Campbell obtained signatures from his neighbor’s agreeing to this application and construction of the drop shed. This lot is odd shaped and contains two front yards and two backyards. Mr. Campbell received the assistance and guidance of Mr. Hazel prior to submitting this application. Mr. Campbell is planning for the shed to be 9 feet tall. The shed will be between trees at the end of his driveway to house snow removal equipment. Mr. Campbell reported his hardship as access and reported feeling there is nowhere else to put the shed close to his driveway. Due to the size of the shed being under 250 sq feet, Mr. Campbell’s set back is within the 10 foot range thus the only request is for the front yard variance. Mr. Hazel visited the property and explained that Mr. Campbell does have a slight stone wall in the rear yard which makes access difficult. Mr. Hazel and Mr. Campbell explored all option prior to the submission of this application. Ms. Hogan clarified that this is just a height issue and a front yard issue. Mr. Hazel agreed and further explained that the height is 15 feet and however, he recommended that the application be conditioned to be under 15 feet. No further questions for Mr. Campbell. Ms. Hogan made a motion to approve application #21-02 of William A. Campbell, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 10’ x 12’ shed within the front yard at the property located at 2 Cricket Lane (Assessor’s Map C19, Block 511, and Lot 002) Zone R-40) contingent upon it being 15 feet or under and placed in the plot outline in the diagram and that it maintains the 10 foot boundary to the side setback. Mr. Freeman seconded the motion.
B. Application #21-03: of 15-39 Simsbury Turnpike Realty, LLC/Owner and Dunkin Donuts/Applicant c/o Russo & Rizzio, LLC for a variance of the Simsbury Zoning Regulations Section 9.2 & 9.3 to permit two (2) 21.6 SF menu order boards which change screens and allow light to project through the face of the sign at existing fast food drive-thru restaurants located at 15-39 Albany Turnpike (Assessor’s Map A20, Block 901, and Lot 001 (Zone B-3).
• Prior to the start of the application Mr. Hazel requested to clarify that section 9.2 part of the variance has been rectified by the town which was specific to temporary signage. The application is now in compliant with the town’s Zoning Regulations. They are seeking 3 variances under section 9.3. Mr. Russo presented his application. Mr. Russo reminded the members that a couple of months ago they presented a similar application to the Board for McDonalds. They are looking to place a little over 21 sq foot menu order board to replace the existing menu board. Mr. Russo clarified that this application is only for replacing the one current menu board at Dunkin Donuts and not for two as stated in the application. Mr. Russo shared the site plan by sharing his screen with the members. The current sign is a static menu board sign. The sign will be a smaller sign and allow Dunkin Donuts to display what they are offering at the time. The sign will be primarily facing the words with no neighbor neighbors which it would affect. The two variances are with regard to how far the sign is from the ground, only 16 inches in comparison to the required 24 inches, and the overall height, regulations have a limit of 10 feet but this sign is slightly over the regulation. The sign starts lower so that it is visible to those sitting in their cars and stops at 52 inches. Dunkin Donuts includes a clearance bar with the signage thus the conflict with the regulation. Mr. Russo provided a google maps view of the sign to show the lack of visibility and impact the sign has to others. The third variance is for the lights that are internal to light up the sign. Mr. Hazel explained the town staff’s standpoint; the height off the ground is lower than town standards with the canopy being slightly higher than the town standards and the light projection for the sign; 9.3 c and 9.3 h. There is fencing behind the sign and woods to the rear of the sign, facing the side of another building. Ms. Hazel got clarification that the sign that is there now is not a lit sign. Mr. Michelson asked how many times the sign will change per day. The sign will only change up to 3 times per day at max. It was clarified that the sign will only change when the menu changes and as stated by Mr. Russo, Dunkin Donuts offers about the same thing throughout the day. No further questions. Hearing closed by Mr. Antonio.
2. Discussion and Possible Action
A. Application #21-02: of William A. Campbell, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 10’ x 12’ shed within the front yard at the property located at 2 Cricket Lane (Assessor’s Map C19, Block 511, and Lot 002) Zone R-40)
• The members agreed that Mr. Campbell is hemmed in by two front yards and doesn’t have much of a backyard as it is very shallow. Mr. Antonio agreed to the hardship and felt the Mr. Campbell was asking for the bare minimum. Ms. Rice agreed and felt that where he is placing it, there are trees around it as well as the neighbors being in agreement, so she has no concern. Mr. Michelson had no concerns to the variance being requested. Ms. Hogan made a motion to approve application #21-02 of William A. Campbell, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 10’ x 12’ shed within the front yard at the property located at 2 Cricket Lane (Assessor’s Map C19, Block 511, and Lot 002) Zone R-40) contingent upon it being 15 feet or under and placed in the plot outline in the diagram and that it maintains the 10 foot boundary to the side setback; The hardship is that the lot shape does not provide a backyard space and the large front yard becomes the front yard so the logical place to put it is next to the driveway. Mr. Freeman seconded the motion.
MOTION: All in favor, no opposed, no abstentions (5-0-0)
B. Application #21-03: of 15-39 Simsbury Turnpike Realty, LLC/Owner and Dunkin Donuts/Applicant c/o Russo & Rizzio, LLC for a variance of the Simsbury Zoning Regulations Section 9.2 & 9.3 to permit two (2) 21.6 SF menu order boards which change screens and allow light to project through the face of the sign at existing fast food drive-thru restaurants located at 15-39 Albany Turnpike Lane (Assessor’s Map A20, Block 901, and Lot 001 (Zone B-3).
• Mr. Antonio provided understanding to the hardship and stated what is being asked for is only .0625 inches over. Mr. Antonio suggested that they don’t address drive through signs with the code. Mr. Hazel suggested they could review the zoning regulations with the Zoning Commission and Mr. Glidden. Mr. Antonio and Mr. Freeman found no issue with the sign being a lit sign as there is no one living next door and it is not facing the street. Ms. Hogan found concern with the lighting of the sign but felt more comfortable with the fact that it does not show from the road. Ms. Rice noted that Dunkin Donuts closes earlier than McDonalds and since it has a fence and faces the words, she doesn’t find a specific issue. Mr. Michelson had nothing to add. Mr. Antonio made the motion to approve application #21-03 of 15-39 Simsbury Turnpike Realty, LLC/Owner and Dunkin Donuts/Applicant c/o Russo & Rizzio, LLC for a variance of the Simsbury Zoning Regulations Section 9.2 & 9.3 to permit two (2) 21.6 SF menu order boards which change screens and allow light to project through the face of the sign at existing fast food drive-thru restaurants located at 15-39 Albany Turnpike (Assessor’s Map A20, Block 901, and Lot 001 (Zone B-3), section 9.3 the sign will be allowed to go up to an elevation of 10 feet 1 inch which is a deviation of about 1 inch from code, section 9.3 the minimum height from the ground to the bottom of the sign will be 16 inches versus the 24 inches in code to facilitate a more comfortable viewing from a car and section 9.3 h which would allow the sign to be internally lit and that it must always be facing the wall or the woods. The hardship is that there is nowhere else on the lot to put the sign for it to be a functioning drive-thru and expedite the service of the customers and inhibiting backup onto the roadways. Ms. Hogan seconded the motion.
MOTION: All in favor, no opposed, no abstentions (5-0-0)
V. APPROVAL OF MINUTES of the WEDNESDAY January 27, 2021 special meetings
• Ms. Rice noted she was listed as present but was not present. She also noted that it says that Ms. Martin proposed but did not have her listed as present at the meeting. Mr. Hazel will make the amendments. Mr. Antonio made a motion to accept the Zoning Board of Appeals special meeting minutes as amended; with Katie Martin been shown as present and Ali Rice as absent. Mr. Michelson seconded.
MOTION: Four in favor, no opposed, one abstention Ms. Rice (4-0-1).
Mr. Antonio reflected on a past conversation the members had about switching the title Secretary to Vice Chair. Mr. Hazel felt it would be a bi law change they could vote upon but he will double check. There is an open position however, Mr. Hazel clarified that it is an elected position. He went on to state that once Ms. Martin puts in her resignation, her political party will have a time period to appointment someone to the position.
V. ADJOURNMENT : Ms. Hogan made a motion to adjourn the meeting. Ms. Rice seconded the motion. The meeting adjourned at 7:42pm.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
Respectfully Submitted,
Amanda Werboff
Commission Clerk