Zoning Board of Appeals Minutes 12/16/2015

ZONING BOARD OF APPEALS

Regular Meeting Minutes

December 16, 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 7:03 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT.  The following members were also present:  Steven Antonio, Tegan Blackburn, Dennis Fallon, JoAnn Hogan, Thomas Horan, Diane Madigan and Chris Peterson.  Also present were Michael Glidden, Assistant Town Planner, Robin Newton, Code Enforcement Officer and Leslie Brigham, Commission Clerk. 

II.            ROLL CALL

1.            Appointment of Alternates

Acting Chairman Martin noted that there is a full Board and no alternates are needed.  Ms. Martin asked Thomas Horan to serve as Secretary.

III.           ELECTION OF OFFICERS

This has been tabled until the next meeting.

IV.          PUBLIC HEARING (s)

Mr. Horan read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for December 16, 2015 that included the following applications:

  1.  Application #15-13 of Joseph T. Huber, Owner, for a variance to the front yard setback pursuant to Article Eight, Section A of the Simsbury Zoning Regulations to accommodate a front porch addition on the existing residence on the property located at 4 West Point Terrace (Assessor’s Map J04, Block 129, Lot 008).  Zone R-15.  (received 11/18/2015; public hearing must be opened by 01/22/2016)

  2.  Application #15-14 of Adam J. Girard, Owner, for a variance to the front 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 48 Chriswell Drive (Assessor’s Map F06, Block 304, Lot 026).  Zone R-15.  (received 12/16/2015; public hearing must be opened by 02/19/2016)

  3.  Application #15-15 of Carolyn A. Parker, Cumberland Farms, Inc., Applicant; Thomas R. Evans, Owner, for a variance pursuant to Article Ten, Section C.3.h., of the Simsbury Zoning Regulations, regarding the lighting of signs, to accommodate the installation of LED pump toppers on the existing gas pumps on the property located at 155 Hopmeadow Street (Assessor’s Map F17, Block 201, Lot 002A).  Zone I-1.  (received 12/16/2015; public hearing must be opened by 02/19/2016)

1.            Application #15-13

Mr. Joseph Huber discussed his application for a variance to front yard setback on his property at 4 West Point Terrace.   He explained to Board members the miscommunication between his builder and himself and why a variance is now being applied for after construction has already begun on his property. 

Mr. Huber explained the hardship for this application to Board members. 

Ms. Martin asked if anyone from Public audience wanted to speak on this application. 

Ms. Jackie Battos, 15 August Road, spoke in favor of the applicant’s application.

Ms. Martin read into the record a letter signed by the following seven neighbors in favor of Mr. Huber’s application:

•             Mr. Steven Militoriu – 2 West Point Terrace

•             Beth Gerber – 6 West Point Terrace

•             Judith Latin – 3 West Point Terrace

•             Brian Sylvester – 1 West Point Terrace

•             Joshua Falco – 1 Hartland Road

•             Rowena York – 69 Elm Street

•             John Cashman – 75 Elm Street

Board members asked Mr. Huber questions on his application.

Ms. Martin closed the Public Hearing on Application #15-13.

Ms. Blackburn made a motion for approval of Application #15-13 seeking an 8’ front yard variance for the purpose of a front porch with the hardship that applicant has stated that there is no shade, house looks plain and would be a good enhancement.  Mr. Fallon seconded the motion.

Board discussed their opinions on this application.

                Board members voted five (5) Yes and one (1, Ms. Blackburn) No.  The motion passed.

2.            Application #15-14

Mr. Adam Girard discussed his application for a variance to a front yard setback on the property located at 48 Chriswell Drive.  He provided letters from two neighbors in support of his application that would be affected by this variance. 

Mr. Girard explained the hardship for this application to Board members. 

Board members asked questions to Mr. Girard on his application.

Ms. Martin read two letters into the record from neighbors of Mr. Girard in favor of his application.

Mr. Glidden confirmed the setback variance requested to Board members.

Acting Chairman Martin opened the Public Hearing on Application #15-12.  There was no one seeking to comment.

Ms. Martin closed the Public Hearing on Application #15-14.

Mr. MacCormac made a motion to approve Application #15-14 seeking a 20’ variance in a front yard setback for the purpose of installing a garage addition shown on the application and the plans submitted by the applicant due to the unusual characteristics of the property consisting of the topography and shape of the lot with the front yard being on Robin Road.  Mr. Horan seconded the motion.

Board discussed their opinions on this application.

Board members voted zero (0) Yes and six (6) No.  The motion has failed.

3.            Application #15-15

Application #15-15 has been tabled until the next meeting.

V.            DISCUSSION AND POSSIBLE ACTION ON ANY AGENDA ITEM.

Nothing discussed.

VI.          OTHER MATTERS AS MAY PROPERLY COME BEFORE THIS COMMISSION

Nothing was discussed at this meeting.

VII.         GENERAL COMMISSION BUSINESS

1.            Commission Education/Workshop

Mr. Glidden noted that Mr. Rabbitt is advising an education program for the Boards and they will eventually be offering some education opportunities for Zoning Board of Appeals as well as the Zoning Commission.

Mr. Glidden discussed the Superior Court Judicial District of Hartford decision on Timothy Martin V. Simsbury Zoning Board of Appeals.

New Board members asked questions regarding serving on the Zoning Board.

VIII.        APPROVAL OF MINUTES of November 18, 2015

Amendment to Page 2, line 68 to read:  impervious “service” to “surface” at 38%

                Ms. Hogan made a motion to approve the minutes as amended for November 18, 2015.  Mr. Fallon seconded the motion.  Seven voted in favor and the motion passed. (Ms. Blackburn abstained)

IX.           ADJOURNMENT

                Mr. Fallon made a motion to adjourn the meeting at 8:17 p.m.  Ms. Tegan seconded the motion.   All were in favor and the motion passed.