Zoning Board of Appeals Minutes 12/21/2016

ZONING BOARD OF APPEALS

Regular Meeting Minutes

December 21, 2016

“Subject to Approval”

I.  CALL TO ORDER

Chairman Katie Martin called the regular meeting of the Zoning Board of Appeals to order at 7:05 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT.  The following members were also present:  Steve Antonio, Tegan Blackburn, Dennis Fallon, JoAnn Hogan, Diane Madigan and Chris Peterson.  Also present were Robin Newton, Code Compliance Officer, Town Attorney Mr. Robert Decrescenzo and Leslie Brigham, Clerk. 

II.  ROLL CALL

Appointment of Alternates

Chairman Martin appointed Mr. Peterson for Mr. Horan.

Chairman Martin asked 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 December 21, 2016 that included the following application:

Public Hearings

Application #16-04 of Gerri L. Hatch, Owner, to appeal the decision of the Zoning Enforcement Officer regarding the construction of a deck (structure) without proper permits and in violation of Article Eight, Section A, Front Yard Setback Requirement for R-15 Zone on the property located at 40 Hazelmeadow Place (Assessor’s Map G13, Block 132, Lot 023).  Zone R-15.  (public hearing must be opened by 12/21/2016; must be closed by 01/25/2017)

  Discussion and Possible Action

Application #16-04 of Gerri L. Hatch, Owner, to appeal the decision of the Zoning Enforcement Officer regarding the construction of a deck (structure) without proper permits and in violation of Article Eight, Section A, Front Yard Setback Requirement for R-15 Zone on the property located at 40 Hazelmeadow Place (Assessor’s Map G13, Block 132, Lot 023).  Zone R-15.  (public hearing must be opened by 12/21/2016; must be closed by 01/25/2017)

Ms. Hatch stated that she is before the Zoning Board of Appeals to appeal the letter that was sent to her stating that she willfully and knowingly constructed a structure that was not approved by Zoning.  She discussed her original application that was before the Board in July, 2016, and discussed other options she thought she had.

Ms. Newton distributed and discussed a packet given to Board members which included the following items:

Exhibit A – F:  Photos taken on December 8, 2016 showing the deck

Exhibit G:  Minutes from the Zoning Commission meeting on 10/19/2015 showing Robin Newton appointed as the Zoning Enforcement Officer and Michael Glidden as the Assistant Zoning Enforcement Officer. 

Exhibit H:  A copy of Article Four – Definitions from the Simsbury Zoning Regulations effective 7/3/14, page 42, definition of a structure.

Exhibit I:  A copy of Article Three – Application of the Zoning Regulations from the Simsbury Zoning Regulations effective 7/3/14, page 10, A.1.

Exhibit J:  A copy of Article Eight – Height and Area Requirements from the Simsbury Zoning Regulations effective 7/3/14, page 73, Front yard Setback Requirements for R-15 zone.

Exhibit K:  Memorandum from Colleen Fenn, Building Department concerning her conversations with Ms. Hatch and the need to discuss her wood “patio” with the Zoning Department.

Exhibit L:  Letter dated December 9, 2016 Henry Miga, Building Official indicated what he tells people concerning deck structures and the need for building permits versus zoning permits.

Exhibit M:  Notes kept by me of all phone conversations.  A copy of the page which included my conversation with Ms. Hatch after her ZBA variance request.  This conversation was concerning the filing of her variance versus the need to file it if she decided to not build her deck.

Ms. Newton also discussed the history of the hearing on July 27, 2016 that Ms. Hatch was granted a two foot variance to her property. 

Board members asked questions of Ms. Hatch regarding her appeal as it relates to the application.  Members also discussed and asked questions of Ms. Hatch and Ms. Newton on what has been built on the property and to decide if it is to be considered landscaping or a structure.

Board members discussed the structure and that it would not meet the variance granted in July.  They discussed the building code for this structure and other options to correct the violation.

Ms. Martin closed the Public Hearing for Application #16-04.

Ms. Blackburn made a motion for purposes of discussion on Application #16-04 to reverse the Zoning Enforcement Officer decision based on her letter dated November 1, 2016.  Mr. Fallon seconded the motion.

Board members discussed their opinions on this application.

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

IV.  OTHER MATTERS AS MAY PROPERLY COME BEORE THIS COMMISSION

No other matters discussed at this meeting.

V.  GENERAL COMMISSION BUSINESS

  Commission Education/Workshop – Legal (Roles & Responsibilities)

This was not discussed at this meeting

VI.  APPROVAL OF MINUTES of September 28, 2016

                Ms. Blackburn made a motion to approve the minutes for September 28, 2016.  Mr. Fallon seconded the motion.  All were in favor and the motion passed.

VII.    ADJOURNMENT

                Mr. Fallon made a motion to adjourn the meeting at 8:00 p.m.  Ms. Hogan seconded the motion.  All were in favor and the motion passed.

Leslie Brigham

Clerk