Zoning Board of Appeals Minutes 06/28/2017
ZONING BOARD OF APPEALS
Regular Meeting Minutes
June 28, 2017
“Subject to Approval”
I. CALL TO ORDER
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 Tegan Blackburn, Dennis Fallon, and Chris Peterson. Also present were Robin Newton, Code Compliance Officer, and Leslie Brigham, Clerk.
II. ROLL CALL
1. Appointment of Alternates
Chairman Martin appointed Mr. Peterson for Mr. Horan.
Chairman Martin appointed Mr. Fallon to serve as Secretary.
III. APPLICATIONS
Mr. Fallon read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for June 28, 2017 that included the following applications:
1. Public Hearings
a. Application #17-03 of Adam Fiore, Applicant; Brett Dubow, Owner, for a variance to the side yard setback, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate an addition to the existing residence on the property located at 25 Winthrop Street (Assessor’s Map K03, Block 205, Lot 014). Zone B-1. (public hearing set to open 06/28/2017)
b. Application #17-04 of Adam Fiore, Applicant; Brett Dubow, Owner, for a use variance pursuant to Article Seven, Section E, of the Simsbury Zoning Regulations to allow a 2-family residence in the B-1, Restricted Business Zone, on the property located at 25 Winthrop Street (Assessor’s Map K03, Block 205, Lot 014). Zone B-1. (public hearing set to open 06/28/2017)
c. Application #17-05 of Michael F. Marti, Owner, for a variance to the front yard setback, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate the construction of a residential dwelling on the property located at Hartford Road (shown as Assessor’s Map H15, Block 1009, Lot 008, being located immediately east of 100 Hartford Road and across from 3 Cobtail Way). Zone R-40. (public hearing set to open 06/28/2017)
Chairman Martin explained to the applicants that the Zoning Board of Appeals does have quorum at this meeting with four members present; however, the applicants will need a unanimous four vote decision for their application to be approved. She offered the applicants to table their applications to a future meeting where more members would be present. No applicant tabled their application.
2. Discussion and Possible Action
a. Application #17-03 of Adam Fiore, Applicant; Brett Dubow, Owner, for a variance to the side yard setback, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate an addition to the existing residence on the property located at 25 Winthrop Street (Assessor’s Map K03, Block 205, Lot 014). Zone B-1. (decision must be rendered within 65 days of closing the public hearing)
Attorney Louis George, representing applicant Adam Fiore and Owner, Brett Dubow on Application #17-03, described the property at 25 Winthrop Street and what the current applicant and owner are trying to accomplish to improve this property. He also described what improvements have already been done on the property.
Attorney George explained the variance for the setback the applicant and owner are looking for on this property. He explained that the building on this property is located within one and a half feet of the boundary line on the east side and that anything done to the building will require variances.
Attorney George stated that the use variance is for a two-family dwelling and that this is in a B-1 Zone, which is not allowed. He did note that the building had been used as a two-family dwelling prior to the applicant purchasing this property but there was never any legal approval for a two-family dwelling.
Attorney George explained that the hardship for this property is that the side yard setback needs to go six feet into the setback to complete the building. He noted that the unique character of this property is that it is an 1850 building that was built right up to the property line, pre-existing any zoning. Attorney George estimated that it is a foot print of approximately188 sq. feet.
Board members asked various questions from Attorney George and Adam Fiore on this application. Mr. Fiore also explained some of the changes he will be making to the property.
Chairman Martin opened up the hearing to public comment for the expansion of the property on 35 Winthrop Street.
Mr. Roland Wolf, 7 Wyndemere Lane, Windsor, CT, (owner of property on Center Street, Tariffville, CT) described the property at 25 Winthrop Street and his history with the property. He stated that he is not against this variance. Mr. Wolf shared and explained pictures of his property line that abuts 25 Winthrop Street and noted that this property was never a two family dwelling that he knows of.
Board members discussed the pictures provided by Mr. Wolf and asked questions regarding this property to Ms. Newton.
Mr. John Nagy, 71 Winthrop Street, questioned the future size of the property and what it will look like when completed. He noted that he is not opposed putting something on the property but would like to see the architectural exterior of the building improved.
Ms. Wanda Coleman, 14 Main Street Extension, stated her support of the improvement of this property.
Mr. Scott Glazier, 60 Winthrop Street, voiced his concern for the expansion of this building, as he owns an abutting property. He stated that if the structure was expanded vertically, there would be an additional load to the structure. Mr. Glazier noted that this structure is very close to the foundation to his building and he is concerned about infestation moving to his building from 25 Winthrop Street. He would like to see responsible ownership to this structure to prevent any future problems. He would like to see a sharp improvement, if the decision goes forward, but stated he does not believe he will see that improvement.
Chairman Martin closed the Public Hearing on Application #17-03.
Chairman Martin opened up the Public Hearing on Application #17-04
b. Application #17-04 of Adam Fiore, Applicant; Brett Dubow, Owner, for a use variance pursuant to Article Seven, Section E, of the Simsbury Zoning Regulations to allow a 2-family residence in the B-1, Restricted Business Zone, on the property located at 25 Winthrop Street (Assessor’s Map K03, Block 205, Lot 014). Zone B-1. (decision must be rendered within 65 days of closing the public hearing)
Attorney George discussed Application #17-04 on the usage of the property at 25 Winthrop Street. He stated that they would like to change this from a single family residence to a two family dwelling. Attorney George noted that this property is in a Zone B-1 and, as it exists, it is non-conforming structure. He compared the neighborhood to this building and stated that a two-family would fit in well with the area.
Attorney George discussed what the applicant had tried to do with this property and also noted the uniqueness of the property compared to the neighboring properties, i.e. single family, multi-family and commercial use properties.
Chairman Martin asked Ms. Newton the history on the B-1 Zone. Ms. Newton noted that they researched the B-1 Zone back to 1947 and noted that this B-1 Zone has been in effect for 70 years. She also noted that the mix-use is not multi-family but actually retail on bottom and single family on top. She referenced a map she created noting the single-family, two-family, multi-family and mixed use properties.
Members asked questions and discussed this application and the B-1 Zone it is located in.
Mr. John Nagy, 71 Winthrop Street would like to see this as owner occupied property. He noted that a two family dwelling would be fine with him.
Ms. Wanda Coleman, 14 Main Street Ext., noted that she supports a two-family dwelling.
Ms. Sara Schultz, 28 Winthrop Street, stated that she appreciated the work completed on this building; however, she does oppose a two-family dwelling and would like to see it stay as a single family.
Chairman Martin read into the record a letter from Sara & David Schultz, 28 Winthrop Street, Tariffville, CT opposing a multi-family residence.
Attorney George explained the hardship of this application as being in a B-1 Zone and that there are already numerous multi-family residences.
Ms. Newton discussed the Zoning Regulations Statutes for this application, specifically a B-1 Zone.
Ms. Brett Fiore, 24 Harvest Hill Road, Owner of 25 Winthrop Street, voiced her frustration with the process of this property. She explained what their plan would be for this property and how good it would be for the community.
Ms. Sara Schultz, 28 Winthrop Street, expressed her concern of what a multi-family would do to the neighborhood with more renters and not owner occupied.
Chairman Martin closed the Public Hearing on Application #17-04.
Application #17-03
Ms. Tegan Blackburn made a motion to approve Application #17-03 requesting a six foot side yard variance in the South East corner for the purpose of adding 186 sq. feet to the existing non-conforming structure. Ms. Fallon seconded the motion.
Board members briefly discussed Application #17-03.
Board members voted 0 (zero) Yes and 4 (four) No. The motion has failed
Application #17-04
Ms. Blackburn made a motion to approve Application #17-04 requesting a use variance for the purpose of a two-family residence. Mr. Peterson seconded the motion.
Board members briefly discussed Application #17-04.
Board members voted 0 (zero) Yes and 4 (four) No. The motion has failed
c. Application #17-05 of Michael F. Marti, Owner, for a variance to the front yard setback, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations to accommodate the construction of a residential dwelling on the property located at Hartford Road (shown as Assessor’s Map H15, Block 1009, Lot 008, being located immediately east of 100 Hartford Road and across from 3 Cobtail Way). Zone R-40. (decision must be rendered within 65 days of closing the public hearing)
Attorney Phil Carigna, representing Michael Marti, Owner discussed Application #17-05. He discussed the proposed plan for this property and why the requested front yard setback is requested. Attorney Carigna also gave the history of this property.
Board members asked questions to Attorney Carigna on Application #17-05.
Ms. Newton noted her approval for this variance request subject to the plan that was provided. She discussed the hardship with the steep grade on the property.
Board members briefly discussed Application #17-05.
Chairman Martin closed the Public Hearing on Application #17-05.
Ms. Blackburn made a motion to approve Application #17-05 requesting two front yard setbacks with the first being seven (7) feet in the North East corner and the second is in the North West corner for 14 (fourteen) feet for the purpose of building a residential dwelling subject to the plan provided. Mr. Fallon seconded the motion.
Board members voted 4(four) Yes and 0 (zero) No. The motion has passed.
IV. OTHER MATTERS AS MAY PROPERLY COME BEORE THIS COMMISSION
No other matters discussed at this meeting.
V. GENERAL COMMISSION BUSINESS
This was not discussed at this meeting
VI. APPROVAL OF MINUTES of March 22, 2017
Mr. Fallon made a motion to approve the minutes for March 22, 2017.
Mr. Fallon made the following change to the March 22, 2017 minutes:
Page 2, Line 62 reads, “Ms. Horan seconded the motion”, should read “Mr. Horan seconded the motion.”
Mr. Fallon made a motion to approve the minutes for March 22, 2017 as amended. Mr. Peterson seconded the motion. Three (3) were in favor and one (1) abstained (Ms. Blackburn) and the motion passed.
Ms. Newton discussed an update on a Legislative Hot Topics meeting they recently attended with Board members.
VII. ADJOURNMENT
Mr. Fallon made a motion to adjourn the meeting at 9:25 p.m. Mr. Peterson seconded the motion. All were in favor and the motion passed.
Leslie Brigham
Clerk