ENFIELD ZONING BOARD OF APPEALS

REGULAR MEETING AGENDA

MONDAY, SEPTEMBER 28, 2009 - 7:00 P.M.

ENFIELD TOWN HALL – COUNCIL CHAMBERS

820 ENFIELD STREET - ENFIELD, CT

NOTES ON VARIANCES

When can a variance be granted?

A variance may be granted where such grant will not affect the overall purpose of the Zoning Ordinance, and where strict interpretation of the Ordinance will result in a hardship.

What constitutes a legal hardship?

A legal hardship exists when the Zoning ordinance uniquely affects a parcel of land differently from other properties, and where use of the property or reasonable use of the land would be impossible without the variance. Self-imposed or financial hardships cannot, by law, be considered as a reason for granting a variance.

What other issues affect the variance consideration procedure?

A variance, once granted, runs permanently with the property; there is no connection to the present or future owner(s) of the parcel. Connecticut courts have held that variances should be granted sparingly in order to protect the integrity of the Zoning Ordinance. In particular, state law requires a minimum of four affirmative votes of the five-person Board in order to grant a variance.

Should there be only four members present at a meeting, and should a quorum be met without any abstentions on the part of that Board, an applicant shall be given the option of waiting until the next regularly scheduled meeting for their application to be heard at Public Hearing, or to request a special meeting should time limits require and allow.

PUBLIC HEARING PROCEDURES

·   Public Hearings for Appeals & Variances will be opened by the Chairman;

·   Presentations & testimony will be heard;

·   Comments for & against the application will be solicited from members of the audience present, and;

·   Final comments by the applicant allowed.

·   The hearing will then be closed (unless it has been tabled to the n ext meeting), the application discussed by the Board, and a vote taken (a minimum of four concurring votes are required by law for approval).

·   Upon completion of the vote, the applicant may leave or remain to participate in other applications before the Board.

AGENDA

THE MEETING WILL ADJOURN AT 9:00 P.M.

CALL TO ORDER

ROLL CALL

APPROVAL OF MINUTES – August 24, 2009, Special Meeting

CORRESPONDENCE / STAFF REPORT

PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN

PUBLIC HEARINGS - CONTINUED [Appeals and/or Variances] - NONE

VARIANCES –NEW - TWO

READING OF THE LEGAL NOTICE

ZBA 2009-09-01 – Kimberly Castaldo, Applicant & Owner, 67 Sharren Lane, Map 62 / Lot 103, R33 Zone, requesting two side yard setback variances: for deck of 3.5 ft., 1.5 ft. proposed, 5 ft. required, and a shed 2 ft., 3 ft. proposed, 5 ft. required - EZO Section 4.10.2H

READING OF THE LEGAL NOTICE

ZBA 2009-09-02 – Steven Jarmoc, Applicant & Jarmoc Real Estate, LLC, Owner, 147 Abbe Road, Map 85 / Lot 16, R44 Zone, requesting an accessory building (farm stand) height variance of 2 ft., 14 ft. proposed, 12 ft. allowed, - EZO Section 3.30.7Ai

ORGANIZATIONAL MEETING

·        Approval of 2010 meeting dates

OTHER BUSINESS

·        None

EXECUTIVE SESSION

·        Current litigation

ADJOURNMENT