03/23/2022 Zoning Board of Appeals Minutes
ZONING BOARD OF APPEALS – MEETING MINUTES
Wednesday, March 23, 2022
The public hearing was web-based on Zoom at https://us06web.zoom.us/j/2574297243
Meeting ID: 257 429 7243
I. CALL TO ORDER – Commissioner Antonio called the meeting to order at 7:02 P.M.
II. ROLL CALL
Present: Steven Antonio, Laura Barkowski, Mark Freeman, JoAnn Hogan, Ram Kaza, Josh Michelson, and Sharon Thomas
Absent: Ali Rice and Stacey Walczak
III. APPLICATIONS
1. Public Hearings
a. Application #22-04 of John Mayock, Owner/Applicant, for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of a garage addition that exceeds the maximum height limit and the construction of an exterior staircase within the side yard setback of the property located at 130 Terry’s Plain Road (Assessor’s Map J08, Block 128, and Lot 004C). Zone R-40.
- Mr. Mayock stated that the hardship is that he has very little space and in order to put a second story on his garage he needs relief from the height requirement because the garage is stepped up from being built on a bomb shelter. He is asking for 36 inches in height increase and if that cannot be granted the space would not be feasible.
- Mr. Mayock stated that with regard to the stairs he is asking to put them on the south side of the garage, which is 39 feet from the northern border.
- Ms. Barkowski stated that the setback is 40 feet.
- Commissioner Hogan inquired if the exterior stairs were the only ones that will go into the addition. Mr. Mayock responded yes, and that there is no room to put stairs inside.
- Commissioner Michelson stated that it is 18 feet from the ground to the ceiling of the second floor and roofing above that and inquired if the 15 feet measurement is to the peak of the roof line. Ms. Barkowski replied that they gage the roof by the midline. Commissioner Antonio commented that the midline is the middle between the top and the bottom of the actual roof.
- Commissioner Kaza inquired if it is a detached garage. Commissioner Antonio replied yes.
- Commissioner Antonio commented that the stairs Mr. Mayock is proposing would be built between the house and garage and he needs a variance on it because the whole structure is in the setback and are enclosed from any other vantage point.
- Commissioner Hogan inquired how high of a ceiling Mr. Mayock would get from the 36 inches. Mr. Mayock replied 7.5 feet.
- Commissioner Freeman commented that it appears Mr. Mayock has a lot of support from his neighbors with the letters they have written, and it does not look like the construction would impact anyone’s view.
- Molly Shakeri, 113 Terry’s Plain Road, one of the neighbors who wrote a letter, spoke in support of Mr. Mayock’s zoning application.
MOTION: Commissioner Antonio made a motion to close the public discussion on Application #22-04 of John Mayock, Owner/Applicant, for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of a garage addition that exceeds the maximum height limit and the construction of an exterior staircase within the side yard setback of the property located at 130 Terry’s Plain Road (Assessor’s Map J08, Block 128, and Lot 004C). Zone R-40.
Commissioner Thomas seconded the motion. The motion carried unanimously.
2. Discussion and Possible Action
a. Application #22-04 of John Mayock, Owner/Applicant, for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of a garage addition that exceeds the maximum height limit and the construction of an exterior staircase within the side yard setback of the property located at 130 Terry’s Plain Road (Assessor’s Map J08, Block 128, and Lot 004C). Zone R-40.
- Commissioner Hogan stated that the testimonials from Mr. Mayock’s neighbors should be considered and they are very supportive of this application and this speaks highly of his plan. Commissioner Thomas commented that having the neighbors write letters and show up to the meeting was a great thing.
- Comissioner Hogan stated that the fact that his garage is built on a bomb shelter it is not like he can use that space, and he is doing what he can with the property he has without impacting the neighbors.
- Commissioner Antonio stated that the hardship is the irregular shape of the lot that necessitates allowing this application to go forward because there is no alternative.
- Commissioner Freeman inquired what the actual height limitation is. Ms. Barkowski replied 15 feet for accessory structures, 35 feet for primary and dwelling.
MOTION: Commissioner Hogan made a motion to approve Application #22-04 of John Mayock, Owner/Applicant, for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of a garage addition that exceeds the maximum height limit and the construction of an exterior staircase within the side yard setback of the property located at 130 Terry’s Plain Road (Assessor’s Map J08, Block 128, and Lot 004C). Zone R-40. The hardship being with the applicant’s irregular lot shape he has made a plan that infringes on setback by 1 foot on the R-40 and 36 inches on the height requirement. The limitation is that any plan going forward would follow these specific guidelines that were discussed tonight.
Commissioner Kaza seconded the motion. The motion carried unanimously.
IV. GENERAL COMMISSION BUSINESS
Commissioner Antonio announced that Interim Town Planner, Tom Hazel, will be moving to a position in Middletown. George McGregor will be starting as Town Planner April 11th.
V. APPROVAL OF MINUTES of February 23, 2022 regular meeting
Commissioner Thomas made a motion to accept the February 23, 2022 regular meeting minutes as written. Commissioner Hogan seconded the motion. The motion carried unanimously. Commissioner Thomas abstained because she was not present.
VI. ADJOURNMENT
Commissioner Hogan made a motion to adjourn the meeting. Commissioner Freeman seconded the motion. The motion carried unanimously. The meeting adjourned at 7:23 P.M.
Respectfully Submitted,
Amanda Blaze
Commission Clerk