01/25/2023 Zoning Board of Appeals Minutes
ZONING BOARD OF APPEALS – REGULAR MEETING MINUTES
Wednesday, January 25, 2023, at 7:00 P.M.
Public Hearing was web-based on Zoom
I. CALL TO ORDER – Commissioner Antonio called the meeting to order at 7:00 P.M.
II. ROLL CALL
Present: Laura Barkowski, Code Compliance Officer; Steven Antonio, Lawrence Boardman, Mark Freeman, JoAnn Hogan, Ram Kaza, and Joshua Michelson
Absent: Ali Rice, Sharon Thomas, and Stacey Walczak.
III. APPLICATIONS
1. Public Hearings
Application #22-12 Michael Caldwell, Owner/Applicant, for a variance pursuant to the Simsbury Zoning Regulations Sections 3.9 for the construction of an approximately 27 sq. ft. hatchway 2 feet within the rear yard setback of the property located at 11 Bickford Street (Assessor’s Map F11, Block 105, Lot 016). Zone R-15.
• Mr. Caldwell stated that his property is a small odd, shaped lot and has spent three years trying to create a plan that does not create a variance, but that has proven to be problematic.
• No matter where that hatchway is set it creates a variance. There is already a hatchway present, he would just be replacing it.
• Donald Tarinelli, of D. Tarinelli Architects, stated that the boundary map shows that the house is currently is roughly 80% noncompliant, and requires updates and more living space. Mr. Caldwell also needs the basement for this at-home business. Over the years they made multiple sketches, and all created a variance.
• Commissioner Antonio stated that a hatchway the second form of egress if there were a fire and would be needed for safety.
• Mr. Caldwell said he would be getting a clam hatchway, and is safe, energy efficient, has a low profile, and is ascetically pleasing.
MOTION: Commissioner Antonio made a motion, seconded by Commissioner Hogan, to close the public hearing for Application #22-12 Michael Caldwell, Owner/Applicant, for a variance pursuant to the Simsbury Zoning Regulations Sections 3.9 for the construction of an approximately 27 sq. ft. hatchway 2 feet within the rear yard setback of the property located at 11 Bickford Street (Assessor’s Map F11, Block 105, Lot 016). Zone R-15. The motion carried unanimously. (6-0-0)
1. Discussion and Possible Action
Application #22-12 Michael Caldwell, Owner/Applicant, for a variance pursuant to the Simsbury Zoning Regulations Sections 3.9 for the construction of an approximately 27 sq. ft. hatchway 2 feet within the rear yard setback of the property located at 11 Bickford Street (Assessor’s Map F11, Block 105, Lot 016). Zone R-15.
• Commissioner Antonio stated that it is minimally invasive, they tried to not have a variance, this is necessary for safety, and there is no other place to put it which would yield to less of a deviation than is allowed
• Commissioner Hogan stated that the low-profile version is easier to disguise, and the neighbors would not see it.
• Ms. Barkowski said that two letters from neighbors have showed support.
MOTION: Commissioner Hogan made a motion, seconded by Commissioner Michelson, to approve Application #22-12 Michael Caldwell, Owner/Applicant, for a variance pursuant to the Simsbury Zoning Regulations Sections 3.9 for the construction of an approximately 27 sq. ft. hatchway 2 feet within the rear yard setback in accordance with the plans titled, “Zoning Location Survey, B Survey,” by North Star Surveying and Engineering LLC 7/2/2022 of the property located at 11 Bickford Street (Assessor’s Map F11, Block 105, Lot 016). Zone R-15. This approval is subject to the following conditions: administrative zoning permit is to be obtained. The hardship stated is the irregular shaped lot with an already nonconforming property and no other options for this two-foot variance which allows emergency access from the dwelling. (5-0-1)
IV. GENERAL COMMISSION BUSINESS
Commissioner Antonio stated that ZBA Board members are required to have four hours of training every year. There are two opportunities: the Connecticut Land Use Law for Municipal Land Use Agencies, and UCONN CLEAR.
V. APPROVAL OF MINUTES
December 21, 2022
MOTION: Commissioner Kaza made a motion, seconded by Commissioner Freeman, to approve the December 21, 2022, Regular Meeting Minutes as written. The motion carried unanimously. Commissioner Hogan abstained. (5-0-1)
VI. ADJOURNMENT
MOTION: Commissioner Hogan made a motion, seconded by Commissioner Michelson, to adjourn the meeting. The motion carried unanimously. (6-0-0)
Commissioner Antonio adjourned the meeting at 7:29 P.M.
Respectfully Submitted,
Amanda Blaze
Commission Clerk