Zoning Board of Appeals Minutes 09/28/2016

Meeting date: 
Wednesday, September 28, 2016

ZONING BOARD OF APPEALS

Regular Meeting Minutes

September 28, 2016

“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:  Steve Antonio, Tegan Blackburn, Joseph Campolieta, Dennis Fallon, JoAnn Hogan, Thomas Horan, Diane Madigan and Chris Peterson.  Also present were James Rabbitt, Director of Planning and Community Development and Leslie Brigham, Clerk. 

 

 

II.            ROLL CALL

 

1.            Appointment of Alternates

 

No appointment of alternates.

 

 

III.           APPLICATIONS

 

Mr. Horan read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for July 27, 2016 that included the following applications:

 

a.            Application #16-02 of Alec Lawson, Owner, for a variance to the front yard setback, pursuant to Article Eight, Section A of the Simsbury Zoning Regulations to accommodate an expansion to the front porch on the existing residence on the property located at 28 Fairview Street (Assessor’s Map F08, Block 130, Lot 054).  Zone R-15.  (to be received 9/28/2016; public hearing must be opened by 12/02/2016)

 

b.            Application #16-03 of Kevin and Traci Lacroix, Owners, for a variance to the side yard setback, pursuant to Article Eight, Section A of the Simsbury Zoning Regulations to accommodate the installation of an in-ground pool on the property located at 54 Munnisunk Drive (Assessor’s Map G02, Block 405, Lot 043).  Zone R-40 OS.  (to be received 9/28/2016; public hearing must be opened by 12/02/2016)

 

 

1.            Public Hearings

 

a.            Application #16-02

Mr. Lawson discussed the application for a variance to the front yard setback on his property at 28 Fairview Avenue.  He explained the safety and size of the porch to Board members and also stated that they are planning additional work on the home.

 

 

2.              Discussion and Possible Action

 

a.            Application #16-02 of Alec Lawson, Owner, for a variance to the front yard setback, pursuant to Article Eight, Section A of the Simsbury Zoning Regulations to accommodate an expansion to the front porch on the existing residence on the property located at 28 Fairview Street (Assessor’s Map F08, Block 130, Lot 054).  Zone R-15.  (to be received 9/28/2016; public hearing must be opened by 12/02/2016)

 

Ms. Martin read into record two letters from the two neighbors in favor of this variance from the homeowner:

1.            Eric and Maureen Liljedahl, 150 Firetown Road

2.            Chris and Heather Savino, 27 Fairview Street

Ms. Martin also read into the record a letter from one neighbor, Mr. Robert Beinstein, 26 Fairview Street, stating his concern about the proposed project that included a condition in the variance if approved.

Board members asked questions to Mr. Lawson regarding his application. 

 

Mr. Rabbitt, Town Attorney DeCresanzo and Board members discussed the Ordinance and the current non-conforming porch on this property.  Town Attorney DeCresanzo also discussed the safety concerns of the homeowner as part of the hardship.  

 

Ms. Martin read, into the record, a portion of the memo dated September 21, 2016 from Robin Newton, Code Compliance Officer regarding this application.

 

Mr. Horan made a motion to keep the Public Hearing open on Application #16-02 to allow the homeowner to revise his application for the next Zoning Board of Appeals meeting on October 26, 2016.  Mr. Fallon seconded the motion.  All were in favor and the motion passed.

 

 

1.  Public Hearings

 

b.            Application #16-03

Mr. Lacroix discussed the application for a variance to the side yard setback on his property at 54 Fairview Avenue and noted the hardship to Board members.

 

2.  Discussion and Possible Action

b.   Application #16-03 of Kevin and Traci Lacroix, Owners, for a variance to the side yard setback, pursuant to Article Eight, Section A of the Simsbury Zoning Regulations to accommodate the installation of an in-ground pool on the property located at 54 Munnisunk Drive (Assessor’s Map G02, Block 405, Lot 043).  Zone R-40 OS.  (to be received 9/28/2016; public hearing must be opened by 12/02/2016)

 

Board members asked question to Mr. Lacroix on his application and discussed the hardship. 

 

Ms. Martin read into the record a portion of a memo from Aqua Pool company, dated August 4, 2016, who would be installing the pool for the applicant.  Ms. Martin also read into the record two letters from neighbors in favor of this variance.

1.            Drew and Ellen Hannah

2.            Marcy and Ryan French

 

Ms. Martin closed the Public Hearing for Application 16-03.

 

Mr. Fallon made a motion to approve Application #16-03 seeking an 8ft. variance into the north side yard setback for the purpose of installing an in-ground pool as shown on the application map plan submitted by the applicant due to the unusual characteristics of the property constituting a hardship of the inability to use the rear yard due to the septic system existence and placing the pool too close to electrical service of the e air-conditioning units.  Mr. Fallon seconded the motion.

               

Board members discussed their opinions on this application.

 

Board members voted 2 (two) Yes and 3 (three) No with 1 (one) abstaining.  The motion has failed.

 

 

IV.          OTHER MATTERS AS MAY PROPERLY COME BEORE THIS COMMISSION

 

No other matters discussed.

 

Ms. Blackburn made a motion to adjust the agenda to move the Approval of Minutes before the General Commission Business.  Mr. Horan seconded the motion.  All were in favor and the motion passed.

 

 

V.            VI.  APPROVAL OF MINUTES of July 27, 2016

 

                Mr. Horan made a motion to approve the minutes for July 27, 2016.  Mr. Fallon seconded the motion.  All were in favor and the motion passed.

 

 

V.            V.  GENERAL COMMISSION BUSINESS

 

1.            Commission Education/Workshop – Legal (Roles & Responsibilities)

 

2.            Approval of the Proposed 2017 Meeting Schedule

 

Ms. Hogan made a motion to approve the 2017 Meeting Schedule.  Ms. Blackburn seconded the motion.  All were in favor and the motion passed.

 

 

The Zoning Board of Appeals members entered into a workshop session at 8:22 p.m. with Attorney DeCrescenzo.  The clerk left at this time. 

 

 

VII.    ADJOURNMENT

 

 

 

 

 

Leslie Brigham

Clerk