Zoning Board of Appeals Minutes 10/24/2018

SIMSBURY ZONING BOARD OF APPEALS

TOWN OF SIMSBURY

REGULAR MEETING MINUTES – Subject to Vote of Approval

Wednesday, October 24, 2018 at 7PM

Simsbury Town Hall – Main Meeting Room

933 Hopmeadow Street, Simsbury, Connecticut

I.             CALL TO ORDER:

Chairman Kate Martin called the regular meeting of the Zoning Board of Appeals to order at 7:00 P.M. in the Main Meeting Room located at 933 Hopmeadow Street, Simsbury, CT. The following members were present: Dennis Fallon, Tom Horan, JoAnn Hogan, Diane Madigan. Alternates present included: Lawrence Boardman and Chris Peterson. Also present were Mike Glidden, CFM CZEO; Bob Decrescenzo, Town Attorney; and Robin Newton, Code Compliance Officer.

II.            ROLL CALL:

III.           APPLICATIONS:

Tom Horan read into the record the legal notice for the Town of Simsbury Zoning Board of Appeals regular meeting for October 24, 2018 that included the following applications:

1.            Public Hearings

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.

Dennis Fallon recused himself for this hearing, due to his involvement with the Simsbury Land Trust. Chairwoman Martin appointed Chris Peterson as alternate for Dennis Fallon.

Chairman Martin opened the public hearing. Attorney T.J. Donohue, Jr. was present, representing the applicant, Simsbury Land Trust, to give a brief presentation of the application and to voice his concerns about how this decision would impact other open spaces in the future. After Attorney Donohue’s presentation, Code Compliance Officer Newton spoke and referred to the packets that were dropped into dropbox and distributed at the meeting today. Ms. Newton spoke on behalf of staff and clarified why the property is in violation. After reviewing the memos, a discussion entailed regarding the use and its appropriateness for open spaces, including discussion of the expansion of the parking area.

Chairman Martin invited public discussion and comments.

Mrs. and Mr. Pignone of 57 Westledge Road, Simsbury, CT voiced concerns regarding traffic in and out of the property and parking lot, as well as safety.

Mr. Decrescenzo, Town Attorney, clarified for the Board what options were available and gave recommendations to the Board, following their request for his suggestion.

Chairman Martin discussed prompting the Zoning Commission to take interest in this issue. She requested to keep the hearing open and write memo for staff to recommend fast track for Zoning Board.

A motion was made by Tom Horan to keep the public hearing open; motion was seconded by   Chris Peterson. Motion was passed unanimously, 5-0.

Dennis Fallon returned to the meeting room.

Application #18-05 of Adam Kessler, PE, Applicant; Town of Simsbury, 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 pavilion and accessory shed on the property located at 1 Old Bridge Road (Assessor’s map H11, Block 144, Lot 007). Zone R-15.

Chairman Martin opened the public hearing for application #18-05.

Mr. Adam Kessler, Simsbury Town Engineer, was present to give a brief presentation on his application. Mr. Kessler explained why variances are needed and showed the Board where proposed changes would take place.

Mr. Glidden and Ms. Newton elaborated on floodway and flood plain information related to this project, including limitations they place on project. Staff gave favorable recommendation to grant approval for variance.

Chairman Martin closed public hearing on Application 18-05.

A motion was made by Tom Horan to approve Application 18-05: This variance is granted in accordance to the variance setbacks as shown on plans entitled “Property Survey/Topographic Survey, Prepared for the Town of Simsbury, Old Bridge Road and Drake Hill Road, Simsbury, CT, Prepared by Milone and MacBroom, Dated August 8, 2018, Sheets 1 of 1, Sheet EX, Sheet SP, Sheet Cs-1.” The variance is limited to the structures as shown on the referenced plans. The motion was seconded by Dennis Fallon. Motion passed unanimously, 5-0.

IV.          APPROVAL OF MINUTES: August 22, 2018

A motion was made by Tom Horan to approve the meeting minutes of August 22, 2018. The motion was seconded by Dennis Fallon. Motion to passed unanimously, 5-0.

V.            APPROVAL OF CALENDAR: 2019

A motion was made by Tom Horan to approve the 2019 calendar meeting schedule, motion was seconded by Dennis Fallon. Motion passed unanimously, 5-0.

VI.          ADJOURNMENT:

A motion was made by Tom Horan to adjourn the meeting at 8:32 P.M. Motion was seconded by Dennis Fallon. Motion passed unanimously, 5-0.

Submitted by:

Kimberly Rathbun

Clerk