06/23/2021 Zoning Board of Appeals Minutes

SUBJECT TO APPROVAL
ZONING BOARD OF APPEALS-MEETING MINUTES
WEDNESDAY, June 23, 2021
The public hearing was web-based on Zoom at https://zoom.us/j/2574297243
Meeting ID: 257 429 7243
I) CALL TO ORDER – Chair Antonio called the meeting to order at 7:00 pm

II) ROLL CALL
a) Appointment of Alternates : None
• Present: Steven Antonio, Joann Hogan, Mark Freeman, Joshua Michelson, Ram Kaza, Sharon Thomas, Laura Barkowski
• Absent: Ali Rice & Stacey Walczak

III) APPLICATIONS
a) Public Hearings
• Application 21-07 of Kristen and Matthew Diamond, Owner/Applicant for a variance pursuant to the Simsbury Zoning Regulations Section 3.5.1 to construct a 12’x 16’ shed within the front yard of the property located at 11 Pettibone Drive

The public hearing was opened and Matthew Diamond presented the application. The house is the only house located on Pettibone Drive and is situated on a double corner lot that abuts Town property. Mr. Diamond explained the proposed location to the shed and presented an alternate location. The application is for a variance to allow the shed, an accessory structure, within the front yard. Mr. Diamond indicated the shed would match the look of the primary residence. The abutting neighbor submitted a letter in support of the application and was present at the hearing.

Chair Antonio indicated that this application seemed straight forward since this property has three front yards. Chair Antonio polled the Board to see if they had any questions. Upon no questions Chair Antonio closed the public hearing.

Motion made by Ms. Hogan to approve Application 21-07 of Kristen and Matthew Diamond, Owner/Applicants for a variance pursuant to the Simsbury Zoning Regulations Section 3.5.1 to construct a 12’x 16’ shed within the front yard of the property located at 11 Pettibone Drive Zone R-40 with the hardship being an irregular shaped lot with three front yards and that there is no practical alternate locations for an accessible shed. Special condition is that the accessory structure conforms to the setback requirements. The motion was seconded by Ms. Thomas. Unanimously passed.

• Application 21-08 of Richard and Sandra Taylor, Owners/Applicants, for a variance pursuant to Simsbury Zoning Regulations Section 4.53 to permit three apartments at the property located at 24-26 Main Street aka 20 Main Street

Mr. Taylor presented the application. He detailed that has owned this property approximately 30 years and they are in the process of selling. Upon researching the property it was discovered that this location has been listed as a two family and not a three family residence. In order to sell the property he is requesting to convert this from a two into a three family. Mr. Taylor explained that he contacted the Fire Marshall and has started to required work in order to bring the building into compliance with the fire code.

Chair Antonio inquired if all three apartments have separate kitchens and bathrooms. Mr. Taylor clarified that each unit has its own kitchen, full bathrooms and egress. Ms. Hogan inquired if this building was set up as a three family when he purchased the property. Mr. Taylor explained the layout of apartments. Ms. Hogan inquired if they were occupied. Mr. Taylor explained that each of the apartments is currently occupied.

Ms. Hogan clarified that this is a getting paperwork in order rather than doing any reconfiguration to the property. Mr. Michaelson inquired if the required work of hard wiring the fire alarms has been completed. Mr. Taylor indicated that the work is being done.

Chair Antonio inquired if Mr. Taylor had obtained a Certificate of Occupancy on the property and clarified that building department and Fire Marshall would need to sign off on each of the apartments. Chair Antonio closed the public hearing and deliberations ensued.

Chair Antonio made a MOTION to approve Application 21-08 of Richard and Sandra Taylor, Owners/Applicants, for a variance pursuant to Simsbury Zoning Regulations Section 4.53 to permit three apartments at the property located at 24-26 Main Street aka 20 Main Street with the hardship being stated that this property was purchased as a three family and was maintained as such and it would be disruptive to the tenants currently residing there. This variance is pending the approval of the Fire Marshall and a full Certificate of Occupancy by the Building Inspector that it is in compliance with applicable building codes. Mr. Michelson seconded. Motion passed unanimously.
IV. APPROVAL OF MINUTES of the WEDNESDAY April 28, 2021 regular meetings
• Chair Antonio indicated that he noted one error on attendance and clarified Ali Rice was present and the minutes should reflect the same. The following corrections were noted:
(1) Line 119 Remove everything after “SCZ”
(2) Line 120 should be removed in its entirety.
(3) Ms. Thomas needs to be added as absent.

Mr. Antonio made a motion to approve the April 28, 2021 minutes as amended. Ms. Hogan seconded. Motion passed unanimously.
V. ADJOURNMENT Ms. Thomas made a motion to adjourn the meeting. Mr Freeman seconded the motion. The meeting adjourned at 7:33pm.
MOTION: All in favor, no opposed, no abstentions.
Respectfully Submitted,
Laura Barkowski
Acting Commission Clerk