Zoning Board of Appeals Minutes 01/23/2019

SIMSBURY ZONING BOARD OF APPEALS

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Wednesday, January 23, 2019 at 7 P.M.

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

I.             CALL TO ORDER:

Chairman Katie Martin called the regular meeting of the Zoning Board of Appeals to order at 7:01 P.M., in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT.

II.            ROLL CALL:

The following members were present: Katie Martin, JoAnn Hogan, Steven Antonio, Dennis Fallon, Diane Madigan

Alternates Present: Lawrence Boardman and Chris Peterson

Absent: Tom Horan

Also Present: Mike Glidden, CZEO, CFM

Chairman Martin appointed Mr. Boardman to sit as alternate for Mr. Horan at 7:02 P.M.

Chairman Martin appointed Mr. Antonio to serve as secretary for the meeting at 7:02 P.M.

III.           APPLICATIONS:

Mr. Antonio read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for January 23, 2019 that included the following application:

1.            Public Hearings

a.            Application # 18-07 of Michael F. Marti, Owner, for variances to the front yard setback, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate the construction of a residential dwelling on the property located at 104 Hartford Road (Assessor’s Map H15, Block 109, Lot 008, being located immediately east of 100 Hartford Road and across from 3 Cobtail Way). Zone R-40. (public hearing must be closed by 02/22/2019).

Chairman Martin opened the public hearing for speakers and discussion at 7:04 P.M. Michael and Lisa Marti, 104 Hartford Road, presented their concerns and issues to the Board. Mr. Marti explained approval was needed to legalize portions of their new home constructed at 104 Hartford Road that was constructed beyond the limits of approval.

Mr. Glidden explained to the Board that the residents/owners did not know about any issues until contacted by Ms. Newton once the “as built” was submitted to her office by Denno Surveying and Consulting LLC. Mr. Glidden explained why the application is considered a legal hardship, and why a variance from the Zoning Board of Appeals is required.

An affidavit has been submitted by the applicants that they relied on Brian Denno LS for marking the location of the foundation and certifying that the locations conform to zoning setbacks.

At 7:09 P.M., Chairman Martin closed the public hearing.

2.            Discussion and Possible Actions

a.            Application # 18-07 of Michael F. Marti, Owner, for variances to the front yard setback, pursuant to Article Eight, Section A, of the Simsbury Zoning Regulations, to accommodate the construction of a residential dwelling on the property located at 104 Hartford Road (Assessor’s Map H15, Block 109, Lot 008, being located immediately east of 100 Hartford Road and across from 3 Cobtail Way). Zone R-40. (public hearing must be closed by 02/22/2019).

At 7:10 P.M., Mr. Antonio made a motion to approve Application #18-07, granting a setback variance for the property located at 104 Hartford Road with the following conditions of approval:

1)            Any future additions or expansions of the structure need to conform to the zoning setbacks.

2)            Approval is based on plans titled “Foundation Locations Plan prepared for Michael Marti 104 Hartford Road,” prepared by Denno Land Surveying & Consulting LLC, revision date 11/21/2018.

Motion was seconded by Mr. Fallon. Motion passed unanimously.

b.            Application #18-04 of Simsbury Land Trust to appeal the decision of the Zoning Enforcement Officer in a letter dated August 31, 2018, regarding the property located at 60 Westledge Road (Assessor’s Map B09, Block 203, Lot 032). Zone R-160. (decision must be rendered by 02/01/2019)

Mr. Glidden advised the Board that a compromise has been reached, a gate has been installed and the applicant has withdrawn the appeal. A letter was read aloud from the Simsbury Land Trust, signed by Attorney T.J. Donohue.

At 7:12 P.M., a motion was made by Mr. Fallon for the Board to accept the withdrawal of Application #18-04. The motion was seconded by Ms. Hogan. Motion passed unanimously.

IV.          GENERAL COMMISSION BUSINESS

Mr. Glidden informed the Board of an opportunity to attend this year’s Annual Conference of the Connecticut Federation of Planning and Zoning Agencies. The CFPZA quarterly newsletter was distributed to the Board.

V.            APPROVAL OF MINUTES: December 19, 2018

At 7:15 P.M., a motion was made by Ms. Madigan to approve the meeting minutes from December 19, 2018 with the following correction noted by Mr. Fallon:

Line 13, Mr. Fallon is listed as an alternate. Mr. Fallon should be listed as a regular Board member.

Ms. Hogan seconded the motion. The motion passed unanimously.

VI.          ADJOURNMENT:

At 7:16 P.M., a motion was made by Mr. Peterson to adjourn the meeting. Motion was seconded by Mr. Antonio. Motion passed unanimously.

Submitted by:

Kimberly Rathbun

Clerk