Zoning Board of Appeals Minutes 06/24/2020

Meeting date: 
Wednesday, June 24, 2020

ZONING BOARD OF APPEALS
REGULAR MEETING
WEDNESDAY JUNE 24, 2020
SIMSBURY TOWN OFFICES – VIRTUAL MEETING - 7:00 p.m.
933 HOPMEADOW STREET, SIMSBURY, CONNECTICUT

I. CALL TO ORDER – K. Martin called the meeting to order at 7:00 p.m.

II. ROLE CALL
1. Appointment of Alternates - Chairman Martin appointed A. Rice to sit.
Present: Chai K. Martin, Commissioners J. Hogan, S. Antonio, J. Michelson, M. Freeman, and A. Rice
Absent: S. Thomas, S. Walczak and R. Kaza
Staff Present: Thomas Hazel, Code Compliance Officer

III. PUBLIC HEARINGS
1. Application #20-03 – Todd and Megan Meyers, 425 Bushy Hill Road (assessors Map B18, Block 501, Lot 005). Requesting a variance to Article 8 A and or B 12 of the Simsbury Zoning Regulations. The installation of an above ground pool in the front yard.
The applicant has a deck positioned off the house that makes the preferred location a better spot to visually monitor kids when they use the pool. The lot is a corner lot making the positioning difficult. The pool would be along Laddie Lane which has a substantial vegetative buffer. The neighbor on Laddie Lane spoke in favor. The commission noted that the hardship of other areas of the property being much more remote and harder to safely monitor the activities in the pool voted unanimously to approve the application.
2. Application #20-04 – Evan and Theresa Milone, 10 Griffin Street (assessors Map G08, Block 126, Lot 011). Requesting a variance to Article 8 section A of the Simsbury Zoning Regulations. The construction of an addition to the home with an 8 foot encroachment into the setback.
The applicants were looking for the 8 foot variance for their garage addition with additional master suite space. Their hardship was the other location on the other side of the house has no driveway, underground electrical, A/C condensers and a propane tank. This was the most logical location. The applicants did minimize the garage to a two car front to back garage rather than a side by side. The neighbors spoke in favor of the application. The commission noted the hardship of no other possible location and were appreciative of the fact that the applicant had tried to minimize the encroachment into the setback. The commission unanimously approved the application.
3. Application #20-05 - Richard Canelario, 56 West Street (assessors Map G10, Block 104, Lot 001). Requesting a variance to Article 8 section A and or B 12 of the Simsbury Zoning Regulations. The installation of an above ground pool in the front yard.
The applicant has a corner lot with a driveway that has a curb cut on both Firetown Road and West Street. With that and the configuration of their garage there is no place to put a pool behind the rear plain of the house. The applicant had made several suggestions on the location to the town zoning officer and they together concluded that the proposed location would have the least impact. The abutting neighbor spoke in favor of the application. The commission noted the hardship that the positioning of the home allowed for no proper location for the pool and were appreciative that the applicant had consulted with the town to find the least impactful location. The commission voted unanimously to approve the application.
4. Application #20-06 – The McDonalds Real Estate Company, 22 Albany Turnpike (assessors Map A20, Block 503, Lot 002-B). Requesting a variance to Article 10 section C 2f and C 7d of the Simsbury Zoning Regulations. The installation of drive thru menu boards with internal lighting.
The applicant stated that the signs as they are currently installed do not conform to the zoning regulations for the size. This would bring the size of the signs into conformity. The signs would be designed to change the menus remotely three times a day for breakfast lunch and dinner. The lighting as shown on the photometric would be contained behind the building and would not be visible from the road. The LED lights would actually auto dim as the sky darkens so as to maintain a consistent level of light. The industry technology has been rapidly changing and the need for menus such as these for a safety point and a service point are needed. The commission seeing the hardship for the continued high level service and safety and also seeing that it was not a visible indicator sign or a direct public advertising sign visible from the street found it appropriate for the location and voted unanimously to approve the application

IV. GENERAL COMMISSION BUSINESS
1. Approval of the Minutes of the May 27, 2020 regular meeting – Approved as presented unanimously

V. ADJOURNMENT
J. Hogan made a motion to adjourn the regular meeting. Motion was seconded by M. Freeman and motion passed unanimously at 8:27 p.m.