01/27/2021 Zoning Board of Appeals Minutes
Subject to Approval
ZONING BOARD OF APPEALS-MEETING MINUTES
Wednesday, January 27, 2021 - 7:00pm
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER Chairman Martin called the meeting to order at 7:00pm
II. ROLL CALL
1. Appointment of Alternatives: Ram Kaza promoted to a full voting member. Mark Freeman appointed to secretary due to Steven Antonio’s initial absence.
Present: Thomas Hazel, Ram Kaza, Ali Rice, JoAnn Hogan, Joshua Michelson, Mark Freeman, Steven Antonio, Laura Barkowski
Absent: Sharon Thomas and Stacey Walczak, Katie Martin
III. ELECTION OF OFFICERS
• Chairman Martin proposed to table the election of officers tonight. Chairman Martin is planning to step down from this Board along with the Chairman position. She expressed hope that one of the current members would step up to fill the position.
• Ms. Hogan made a motion to table the election of officers for ZBA until a later meeting. Mr. Michelson seconded the motion.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
Legal notice read into record by Mr. Freeman.
IV. APPLICATIONS
Legal notice read into the record by acting secretary, Mr. Freeman.
1. Public Hearings
A. Application #20-01 of Tiffin True, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 24’ x 24’ detached garage at the property located at 23 Latimer Lane (Assessor’s Map D15, Block 402, and Lot 099). Zone R-40
• The applicant’s current property has a carport which is rotting and needs to be replaced. The applicant explained that where the carport is currently located is at the front of the house to the right side. The request is to have the carport a little father to the right because the carport is open with visibility from the house. If a garage is put directly where the carport is currently, the applicant reported it will block visibility from the house. The other issue is the property is on a slopping hill so there is no other place not he proper where it could be built. There is an issue with the side property and the applicant stated that while developing the plot land she found out that her property goes up into her neighbor's property. The solution found was to do a land swap which gave her the 40 foot clearance on the side while allowed the applicant to move the carport a little more to the right of the house. Chairman Martin explained that it is the job of the Board to reduce the amount of variance approved. She sated having fewer variances makes it cleaner for the Board. In terms of the application, the variance is for having the structure in the front yard. Chairman Martin noted that there was already a carport structure in the location where the request for the garage is so there is no concern from the Board regarding the neighbors or neighborhood. There was one correspondence from the neighbors who live at 19 Latimer Lane; these are the neighbors who did the property swap. The correspondence read in favor of the proposed placement. Ms. Hogan asked for the specific location of where the garage will be in relation to where the carport is now. The applicant explained that as you are looking at the house, the carport is flushed to the right side of the house however she is proposing that the garage be about 9 feet to the right of the house making it less in front of the house. Ms. Hogan asked if there are any plans drawn up for the garage in which the applicant confirmed she has received one quote and plans on keeping the current aesthetics of the house. Mr. Antonio asked Mr. Hazel about the 15foot height restriction he has written in his notes. Mr. Hazel explained that the regulation is at the midpoint of the roof to the median height of the ground and based upon the quote that this applicant has received Mr. Hazel stated it complied with the regulation. The topography is the main hardship due to the lack of available places to put the garage. The applicant confirmed she also spoke with her neighbor on the other side, who newly purchased their house, and they were comfortable with the applicant’s plan to build a garage. Ms. Barkowski has received no public comments for this application.
• Mr. Antonio made a motion to approve application #20-01 of Tiffin True, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 24’ x 24’ detached garage at the property located at 23 Latimer Lane with the following conditions acknowledged; the height of the detached garage should not exceed 15 feet on average and approval is based off of the plan entitled Lot 9 adjustment map prepared for Tiffin True by Dufour Surveying LLC dated December 12, 2020. The hardship is the topography of the land as well as the general placement is the safest plan for visual sightline to see people entering and exiting the premises. Mr. Michelson seconded the motion.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
2. Discussion and Possible Action
A. Application #20-01 of Tiffin True, Owner/Applicant for a variance of the Simsbury Zoning Regulations Section 3.5.1 to construct a 24’ x 24’ detached garage at the property located at 23 Latimer Lane (Assessor’s Map D15, Block 402, and Lot 099). Zone R-40
• Chairman Martin and Ms. Hogan felt the application is pretty straightforward. Ms. Hogan agreed it is better to have a garage rather than a carport for safety along with the value of the property.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
V. APPROVAL OF MINUTES of September 23rd, 2020 regular meeting
• Chairman Martin was unsure if she saw the minutes. Mr. Antonio had reviewed the minutes and reported many, if any changes, were insignificant but stated there was 4 spelling errors.
• Mr. Antonio made a motion to approve the minutes from the 9/23/2020 minutes. Ms. Hogan seconded the motion.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
VI. GENERAL COMMISSION BUSINESS
A. Proposed 2021 Meeting Schedule
• Mr. Hazel stated in talking with Michael Glidden, the Director of Planning and Zoning, he noticed that they have started including January of the following year so that they do not have to hold a special meeting to get a schedule settled. Since the ZBA meetings are dependent upon applications this allows them additional time without setting up a special meeting. Ms. Barkowski explained that this is why this meeting is a special meeting instead of a regular meeting is that they did not have the schedule set up beforehand.
• Ms. Hogan made a motion to approve the proposed 2021 meeting schedule as written. Mr. Freeman seconded the motion.
MOTION: All in favor, no opposed, no abstentions (6-0-0)
Chairman Martin informed Mr. Antonio, who was not present at the start of the meeting, that she plans on stepping down and resigning from the Board soon. She noted that Ms. Hogan and Mr. Antonio have the most experience. Chairman Martin expressed her gratitude for the Board members serving their town. Mr. Hazel noted that himself and Ms. Barkowski can inform all alternates that there is an opening on the regular Board. Mr. Kaza was informed that he may be able to be a regular instead of an alternate. Mr. Kaza expressed his interest but was told by Mr. Hazel he has to go through the clerk's office for the exact process. Mr. Hazel did explain that who is appointed to this opening often depends of the makeup of the Board as they cannot be party heavy one way or the other along with the makeup of the Board of Selectman as that dictates the balance. There are three alternates with two being democrats and one republican. Chairman Martin holds the seat as a democrat.
Ms. Barkowski received an application today so there is an anticipation for a February meeting.
VII. ADJOURNMENT made a motion to adjourn the meeting. Mr. Freeman seconded the motion. The meeting adjourned at 7:27pm.
MOTION: All in favor, no opposed, no abstentions. (6-0-0)
Respectfully Submitted,
Amanda Werboff
Commission Clerk