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04/27/2022 Zoning Board of Appeals Minutes

Meeting date: 
Wednesday, April 27, 2022

ZONING BOARD OF APPEALS – MEETING MINUTES

Wednesday, April 27, 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 7:00 P.M. 

 

II. ROLL CALL

 

            Present: George McGregor, Town Planner; Steven Antonio, Mark Freeman, JoAnn          Hogan, Ram Kaza, Josh Michelson, Ali Rice, and Sharon Thomas

           

            Absent: Stacey Walczak

 

III. APPLICATIONS

 

            1. Public Hearings

                        a.    Application #22-05 of Steve Feldman, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of two 14’ x 6’ sheds in the front yard within the front yard setback of the property located at 90 Riverside Road (Assessor’s Map H11 Block 107 Lot 043). Zone R-15.

  • Mr. Feldman stated that he heats his home with wood and would like to replace the pallets that his wood pile is currently on with woodshed to hold the wood. The shed would be behind the hedges and open towards the driveway facing the house.
  • Mr. Feldman stated that he has Parkinson’s Disease, and his wife has metabolic myopathy, and that it is safer for them to retrieve their wood from the front yard as opposed to the unleveled backyard which is difficult to move through the snow to get to.
  • Commissioner Antonio commented that the proposed sheds would be higher than the hedges, and the current pallets are lower than the hedges.
  • Commissioner Hogan added that it is 14’ x 6’, a total of 28 feet across.
  • Mr. Feldman responded that it is proposed to have a peak at 9 feet but can be customized to be made shorter.
  • Commissioner Hogan expressed concern about setting a precedent for having sheds in the front yard. The permanence of the shed and the lack of permanence of the screening with the hedges is an issue to grant variance.
  • Commissioner Freeman stated that Mr. Feldman has support from his neighbors and that should have weight.
  • Commissioner Kaza inquired if these sheds would be fixed to the ground and Mr. Feldman responded that they would be moveable but will be staked down because they are in the wetlands.

MOTION: Commissioner Antonio made a motion to close the public hearing on Application #22-05 of Steve Feldman, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of two 14’ x 6’ sheds in the front yard within the front yard setback of the property located at 90 Riverside Road (Assessor’s Map H11 Block 107 Lot 043). Zone R-15.

Commissioner Hogan seconded the motion. The motion carried unanimously.

                        b. Application #22-06 of Michael and Tonia Gugliotti, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5, 3.9, and 7.4 for the construction of a 24’ x 20’ attached garage within the front yard setback for the property located at 12 Spring Brook Lane (Assessor’s Map E14 Block 114 Lot 008) Zone R-40.

  • Mr. Gugliotti stated that he wants his elderly mother to move in with him and would like to convert his current garage into her living quarters. He also wants to tear down the bump out part of the house and build a garage there.
  • Commissioner Antonio inquired if he was planning on having two driveways or transferring the driveway.
  • Mr. Gugliotti responded that he would have a small parking space where the current driveway is and that will lead to the front walkway.
  • Mr. Gugliotti stated that the hardship is that the house is nonconforming to the setbacks as it is. The bump out was poorly designed and built, it’s leaning, and the roof is sagging.
  • Commissioner Hogan inquired if there was enough room where the driveway is now to add a garage.
  • Mr. Gugliotti responded that there was not.
  • Commissioner Antonio inquired if the steps were a handicap.
  • Mr. Gugliotti responded yes.
  • Commissioner Antonio inquired if the new garage entrance would be flush to the ground.
  • Mr. Gugliotti responded yes.
  • Commissioner inquired if the current garage door on the proposed living space would be coming off.
  • Mr. Gugliotti responded yes and that it would be closed off.
  • Commissioner Hogan inquired what the increase in the encroachment would be.
  • Mr. Gugliotti responded that for the front yard on Deerfield Lane it would be 3 feet.

MOTION: Commissioner Antonio made a motion to close the public hearing on Application #22-06 of Michael and Tonia Gugliotti, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5, 3.9, and 7.4 for the construction of a 24’ x 20’ attached garage within the front yard setback for the property located at 12 Spring Brook Lane (Assessor’s Map E14 Block 114 Lot 008) Zone R-40.

Commissioner Hogan seconded the motion. The motion carried unanimously.

            2. Discussion and Possible Action

                        a.    Application #22-05 of Steve Feldman, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of two 14’ x 6’ sheds in the front yard within the front yard setback of the property located at 90 Riverside Road (Assessor’s Map H11 Block 107 Lot 043). Zone R-15.

  • Commissioner Hogan stated that she is thinking of the future of what this can result in visually, and what this can lead to with other residents building sheds in their front yards.
  • Commissioner Antonio stated that at least one corner of the proposed structure must be behind the front wall of the existing structure. This scenario requires a substantial amount of footage in front of the existing structure, and they have never granted a variance of that extent.
  • Commissioner Freeman stated that the resident’s medical situation, the possibility of customization of the shed, and the support of neighbors makes him comfortable with approval.
  • Commissioner Thomas stated that she recognizes the resident’s medical hardship as a hardship and inquired if the Board could do something to grant this variance but protect the future from building of sheds in front yards.
  • Commissioner Antonio responded that they could not because zoning variances are very explicit and permanent in nature. He also suggested they could turn the sheds 90 degrees to consume less roadside-visual room or move the sheds closer to the house. He does not see the zoning hardship which is necessary for the variance to be granted.

MOTION: Commissioner Hogan made a motion to approve Application #22-05 of Steve Feldman, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5 and 3.9 for the construction of two 14’ x 6’ sheds in the front yard within the front yard setback of the property located at 90 Riverside Road (Assessor’s Map H11 Block 107 Lot 043). Zone R-15. This approval is subject to the following conditions: all appropriate permits are to be obtained. The hardship stated by the applicant is that the lot did not allow the structures to be in the backyard to the uneven terrain and health issues of the homeowners needing it to be in the front yard where the terrain is level.

Commissioner Michelson seconded the motion. Three voted in favor. Three voted in opposition. The motion did not carry.

                        b. Application #22-06 of Michael and Tonia Gugliotti, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5, 3.9, and 7.4 for the construction of a 24’ x 20’ attached garage within the front yard setback for the property located at 12 Spring Brook Lane (Assessor’s Map E14 Block 114 Lot 008) Zone R-40.

  • Commissioner Antonio stated that it is a 3-foot variance and is essentially just inching out an existing area. The biggest thing is the proposed driveway.
  • Commissioner Freeman stated that it does not appear this would impact any neighbors.
  • Commissioner Hogan stated that they get a lot of applications from residents with corner lots who end up with two front yards, and oftentimes what is the side yard ends up being under-utilized because of how the houses are placed on the property. It appears that the applicant is not vastly changing the footprint of what is there and is making use of the property to accommodate someone who has a need for accessibility.

MOTION: Commissioner Hogan made a motion to approve Application #22-06 of Michael and Tonia Gugliotti, Owner/Applicant; for variances pursuant to the Simsbury Zoning Regulations Sections 3.5, 3.9, and 7.4 for the construction of a 24’ x 20’ attached garage within the front yard setback for the property located at 12 Spring Brook Lane (Assessor’s Map E14 Block 114 Lot 008) Zone R-40. All appropriate permits are to be obtained. The hardship being that the residents are on a corner lot with two front yard setbacks and is trying to create a safe space for their elderly parent and this makes the most use of the space without drastically increasing what is already nonconforming. The application’s approval would also be contingent on the reduction of the current driveway to 13 feet wide from the double driveway that it is now to accommodate the one lane spot for vehicles.

Commissioner Antonio seconded. The motion carried unanimously.

IV. GENERAL COMMISSION BUSINESS

  • Commissioner Antonio introduced Mr. McGregor as the new Town Planner.

            1. Discussion of Future Meeting Status (Virtual or In-Person)

  • Commissioner Antonio, Commissioner Freeman, and Commissioner Thomas, and Commissioner Rice stated that they appreciate the accessibility of the virtual option.
  • Commissioner Kaza inquired if they could do hybrid.
  • Commissioner Antonio responded that they could do hybrid with Owl but that there is limited view and he found that those at home tend to be less participatory.
  • Mr. McGregor stated that the Legislature is being prepared to vote for allowability for a variety of meeting styles.
  • Commissioner Antonio stated that remote is also great for applicants because they are only involved in meetings for their application.
  • Commissioner Michelson stated that he was in opposition for meetings to be strictly in-person.
  • Commissioner Antonio declared for the next couple of meetings they would continue to meet via Zoom.

V. APPROVAL OF MINUTES of March 23, 2022, regular meeting

Commissioner Antonio made a motion to accept the March 23, 2022, regular meeting minutes as written. Commissioner Hogan seconded the motion. The motion carried unanimously.

VI. Adjournment

Commissioner Antonio made a motion to adjourn the meeting. Commissioner Thomas seconded the motion. The motion carried unanimously. The meeting adjourned at 8:09 P.M.

Respectfully Submitted,

Amanda Blaze

Commission Clerk