ENFIELD ZONING BOARD OF APPEALS
MINUTES OF A SPECIAL MEETING
AUGUST 25, 2008
A Special Meeting of the Enfield Zoning Board of Appeals was held on Monday, August 25, 2008 in the Council Chambers, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut. Chairman Kibbe called the meeting to order at 7:07 p.m.
PRESENT: Kevin Kibbe, Chairman
R. Scott Hozempa
John S. Rinaldi
Mary Ann Turner
Peter Yarum
Maurice LaRosa, Alternate
ALSO PRESENT: Roger Alsbaugh, Assistant Town Planner
MINUTES
Mr. LaRosa made a motion, seconded by Mr. Yarum, to approve the Minutes of July 28, 2008. The Minutes were approved by a unanimous vote.
CORRESPONDENCE/STAFF REPORT
Mr. Alsbaugh stated this is a special meeting and the Board is only hearing the upcoming application.
PUBLIC HEARINGS – CLOSED AND TABLED – DECISION TO BE MADE [Appeals and/or Variances]
ZBA 2008-06-03 – Robert Robbins, Applicant and Owner, 29 Weymouth Road, Map 17/Lot 53, R-33 Zone, requesting an accessory building height variance of 8.0 feet, 12 feet required, 20.0 feet existing, 20.0 feet proposed, and a front setback variance of 70’ for a farm building, 100 feet required, 30 feet proposed, 30 feet existing, to be able to gain final approval and Certificate of Occupancy for a newly constructed accessory structure or farm building – EZO Sections 3.30.7i and 4.30.1A – Decision required; variance to be considered set by appeal decision – ZEO Order upheld, structure is an accessory building, height not compliant.
Mr. Alsbaugh stated the Board has received a response from the Town Attorney regarding Mr. Rinaldi’s questions of July 28th. The Board has received the information to come to a final decision on this variance request.
Chairman Kibbe stated he was not present last month and he will not be voting on this application.
Mr. Alsbaugh suggested turning the meeting over to Mr. Hozempa as he was the sitting chair during the Robbins application. Mr. Hozempa acted as Chairman beginning at 7:09 p.m.
Mr. LaRosa made a motion, seconded by Mr. Yarum, to approve the request for an accessory building height variance of 8.0 feet, 12 feet required, 20.0 feet existing, 20.0 feet proposed, to be able to gain final approval and Certificate of Occupancy for a newly constructed accessory building – EZO Section 3.30.7i.
Reference is made to all site plans and documents submitted by the applicant and town staff, and to all discussion under ZBA 2008-06-03.
The motion was denied by a 1 – 4 – 0 vote. Mr. Hozempa voted in favor; Ms. Turner, Mr. LaRosa, Mr. Rinaldi and Mr. Yarum voted nay.
Some discussion followed regarding the reasons for denial of this application.
Mr. Yarum stated the applicant constructed a building that was not approved as an accessory structure. The regulations have a maximum height. The Board upheld the Zoning Enforcement Officer’s order and determined it was an accessory structure and not a farm building or any other type of structure. That is what the Board’s decision is based upon. The Board determined the building was an accessory structure by upholding the Zoning Enforcement Officer’s 'cease and desist' order.
Mr. Alsbaugh stated the Board’s discussion of this variance should reflect the reasons for denial.
Mr. LaRosa stated the building as constructed does not fit in the area. If they had asked for that building, they may have been denied right from the beginning because it just doesn’t fit where it is. He understands some of the neighbors don’t mind it there but they are not always going to be the neighbors and Mr. Robbins may not always be the homeowner. That may deter other people from purchasing property around this structure. The structure should fit in the area where it is located.
Mr. Yarum stated as of tonight’s meeting, the Board determined what is built is not acceptable. There is no legal hardship for a variance.
Mr. LaRosa felt it is a self-created hardship.
Ms. Turner stated going back to the December meeting, the Board did take into consideration that he wanted an accessory building and that he needed five feet to put it in that spot and that was granted. The applicant overstepped his bounds.
Mr. Yarum stated it is a self-imposed hardship.
Mr. LaRosa stated with the building that currently exists, there are not even proper plans for it at the Town Hall. The building is two feet taller than the plans submitted. When they came to the Zoning Board and said what they wanted to build, they got approval to build an accessory structure and then found out they could build a farm building without having to comply with wetlands and that wouldn’t have a height restriction. They submitted another set of plans to the Building Office in which case they didn’t even build from those plans. The whole thing is self-imposed.
Mr. Rinaldi stated the Town Attorney said the Board should consider the accessory building and not the farm building. It goes back to the location of the accessory building.
Mr. LaRosa stated he listened to the audio tapes and Mr. Fader stated he understood the accessory building could not exceed twelve feet. He stated if we had upheld the Zoning Enforcement Officer’s ruling, he understood he needed a height variance. However, if the Board did not uphold that, then he needed a setback variance. The whole time the attorney and the applicant knew what the variance needed to be at that point.
The reasons for denial are the Board determined by upholding the ZEO order that the applicant built a structure not conforming to the filed ZBA variance for an accessory structure. The building was not built according to the plans filed. The applicant created the hardship by building the accessory structure higher than the zoning regulations allow.
PUBLIC HEARINGS – CONTINUED
ZBA 2008-07-01 – Reginald Duby, Applicant and Owner, 60 Broad Leaf Lane, Map 18/Lot 154, R-33 Zone, requesting a side yard setback variance of 3 feet, 5 feet required, 2 feet proposed, to construct a l0 ft. x 22 ft. accessory carport. EZO Section 3.30.7Ai
This application was withdrawn.
OTHER BUSINESS
Mr. Kibbe announced he is stepping down as Chairman of the Enfield Zoning Board of Appeals but will continue to be on the Board. Mr. Kibbe nominated Peter Yarum as Chairman of the Enfield Zoning Board of Appeals. Ms. Turner seconded the nomination. Peter Yarum was elected Chairman by a unanimous vote.
ADJOURNMENT
Ms. Turner made a motion, seconded by Mr. LaRosa, to adjourn. Following a unanimous vote, the Board adjourned at 8:00 p.m.
Respectfully submitted,
_____________________________
jmr John Rinaldi, Secretary
Enfield Zoning Board of Appeals |