NOTICE OF ACTION
ENFIELD ZONING BOARD OF APPEALS
REGULAR MEETING AGENDA
MONDAY, JUNE 30, 2008
ENFIELD TOWN HALL – COUNCIL CHAMBERS
820 ENFIELD STREET – ENFIELD, CT
AGENDA
The Meeting will adjourn at 9:00 p.m. unless extended by the Board.
1. CALL TO ORDER – Vice Chairman R. Scott Hozempa called the meeting to order at 7:05 p.m.
2. ROLL CALL – Present were R. Scott Hozempa, Vice Chairman, and Board members John Rinaldi, Mary Ann Turner, Peter Yarum, Maurice LaRosa, Alternate, and Charles Mastroberti, Alternate (left the meeting at 9:04 p.m.).
3. APPROVAL OF MINUTES – May 19, 2008 – Mr. LaRosa made a motion, seconded by Mr. Rinaldi, to approve the Minutes of May 19, 2008. The motion was approved by a 5 – 0 – 0 vote.
4. CORRESPONDENCE/STAFF REPORT
5. PUBLIC HEARING(S) PROCEDURAL&POLICY STATEMENTS BY CHAIRMAN
PUBLIC HEARINGS – CONTINUED (Appeals and/or Variances) – ONE
ZBA2008-05-01 – Robert and Ann Marie Coppinger, Applicants and Owners, 22 Copper Drive, Map 53/Lot 437, R-33 Zone, requesting a side yard setback variance of 4.7 ft., 10 ft. required, 29.3 ft. existing, 5.3 ft. proposed to construct an attached 2-car garage - EZO Section 4.10.2H – This public hearing was closed.
Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the request for a side yard setback variance of 4.7 feet, 5.3 feet requested, 10 feet required, to construct a garage addition – EZO Section 4.10.2H.
Reference is made to a map titled “Plan Prepared for Robert F. and Ann Marie Coppinger, 22 Copper Drive, Enfield, Connecticut”, dated April 11, 2008, and to an air photo marked “#22 Copper drive”, and to all documentation and discussion under ZBA 2008-05-01. The motion was approved by a 5 – 0 – 0 vote with Alternate Charles Mastroberti voting.
The reason for approval is the property is uniquely situated not allowing for the garage in the space provided.
APPEALS – NEW - ONE
ZBA2008-06-02 – Robert Robbins, Applicant and Owner, 29 Weymouth Road, Map 17/Lot 53, R-33 Zone, An Appeal of an Order or Decision of the Zoning Enforcement Officer (ZEO) dated May 5, 2008, under: - EZO Section 11.00A – Mr. LaRosa made a motion, seconded by Mr. Rinaldi, to approve the appeal, under Section 11A of the Zoning Ordinances of the Town of Enfield, of the notice of violation and order to correct of the Enfield Zoning Enforcement Officer dated 5 May 2008, as discussed under ZBA 2008-06-02. The motion was denied by a 0 – 5 – 0 vote.
The reason for denial is the approved original application by the Zoning Board of Appeals was not constructed per the approved plans by ZBA on April, 2007, ZBA2007-04-03, that were submitted.
Ms. Turner made a motion, seconded by Mr. LaRosa, to extend the meeting to 11:00 p.m. The motion was approved by a 5 – 0 – 0 vote with Alternate Charles Mastroberti voting.
Ms. Turner made a motion, seconded by Mr. LaRosa, for a ten minute recess. Following a 5 – 0 – 0 vote, the Board recessed at 8:50 p.m. The Board reconvened at 9:04 p.m.
Ms. Turner made a motion, seconded by Mr. LaRosa, to change the order of tonight’s agenda and put ZBA 2008-06 as the next item. The remaining order would be ZBA 2008-01, ZBA 2008-04, ZBA 2008-05, and ZBA 2008-03. The motion was approved by a 5 – 0 – 0 vote with Alternate LaRosa voting.
VARIANCES – NEW – FIVE
READING OF THE LEGAL NOTICE
ZBA2008-06-01 – Sue Raymond, Applicant and Owner, 42 Lake Drive, Map 97/Lot 49, R-33 Zone, requesting an accessory building setback variance of 145 ft., 175 ft, required, 30 ft. proposed to construct a 16 ft x 22 ft garage – EZO Section 3.30.7i – This public hearing was closed.
Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the request for an accessory building setback variance of 145 feet, 175 feet required, 30 feet proposed to construct a 16 ft. x 22 ft. garage – EZO Section 3.30.7i.
Reference is made to a hand drawn map without title or date submitted by the applicant, and without scale, and to all documentation, site plans, air photos, photographs and discussion under ZBA 2008-06-01.
The motion was approved by a 5 – 0 – 0 vote with Alternate Maurice LaRosa voting.
The reason for approval is due to the unique lakefront issues, the garage is consistent with the neighborhood due to the fact that the garage cannot be built anywhere else but in the front yard.
READING OF THE LEGAL NOTICE
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. – This public hearing was closed.
Mr. La Rosa made a motion, seconded by Mr. Yarum, to table action on ZBA 2008-06-03 and extend it to the next meeting on July 28, 2008. The motion was approved by a 5 – 0 – 0 vote.
Mr. LaRosa made a motion, seconded by Ms. Turner, to extend the meeting to midnight. The motion was approved by a 5 – 0 – 0 vote.
READING OF THE LEGAL NOTICE
ZBA2008-06-04 – Reginald Duby, Applicant and Owner, 60 Broad Leaf Lane, Map 18/Lot 154, R-33 Zone, requesting a side yard setback variance of 4 feet, 5 feet required, 1 foot proposed, to construct a 12 feet x 24 feet accessory garage – EZO Section 3.30.7Ai – This public hearing was closed.
Ms. Turner made a motion, seconded by Mr. Rinaldi, to approve the request for an accessory building setback variance of 4 ft, 5 ft. required, 1 ft. proposed, to construct a 12 ft. x 24 ft. accessory garage and side yard setback variance of 4.7 ft. 5.3 ft. requested, 10 ft. required, to construct a garage addition – EZO Section 3.30.7Ai.
Reference is made to a map titled indicating 60 Broad Leaf Lane and marked Reginald A. and Michele A. Duby, and to all documentation and discussion under ABS 2008-06-04.
The motion was denied by a 0 – 5 – 0 vote with Alternate LaRosa voting.
The reason for approval is per the regulations, accessory structures are required to be five feet from the property line. This property does not allow a five foot setback due to safety and maintenance issues.
READING OF THE LEGAL NOTICE
ZBA 2008-06-05 – Pools by Murphy, Applicants and Larry and Judith Robinson, Owners, 10 D’Annunzio Avenue, Map 26/Lot 58, R-33 Zone, requesting a side yard setback variance of 13 feet, 25 feet required, 12 feet proposed, and a coverage variance of 12.15%, 22.7% allowed, 22.7% existing, 34.85% proposed, to construct an in-ground pool. EZO Sections 4.30.16C and 4.10.2H.
Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the request a side yard setback variance of 13 ft., 25 ft. required, 12 ft. proposed, and a coverage variance of 12.15%, 22.7% allowed, 22.7% existing, 34.85% proposed, to construct an in-ground pool- EZO Sections 4.30.16C & 4.10.2H
Reference is made to a map titled “Plot Plan, Lot 6, D’Annunzio Avenue, Prepared for Carl Nelson, Enfield, Conn” and dated revised to 11-1-05, and to all documentation and discussion under ZBA 2008-06-05.
The motion failed by a 0 – 5 – 0 vote.
The reason for approval is due to the lot size and the existing variance for coverage previously granted to 22.7%. The hardship claimed by the applicants is of a medical issue and not of a zoning issue.
Mr. LaRosa made a motion, seconded by Ms. Turner, to extend the meeting to 11:30 p.m. The motion was approved by a 5 – 0 – 0 vote.
Ms. Turner made a motion, seconded by Mr. LaRosa, to take a five minute break. The motion was approved by a unanimous vote and the Board recessed at 10:45 p.m. The board reconvened at 10:53 p.m.
READING OF THE LEGAL NOTICE
ZBA2008-05-02 – Keith and Barbara Stanfield, Applicants and Owners, 5 Leon Street, Map 34/Lot 93, R-33 Zone, requesting a rear yard setback variance of 8 feet, 35 feet required, 27 feet existing, 27 feet proposed, and a coverage variance of 0.8%, 20% allowed, 18.85 existing, 20.8% proposed, to extend a nonconforming deck parallel to the house – EZO Section 4.10.2H. – This public hearing was closed. Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the request for a rear yard setback variance of 8 feet, 35 feet required, 27 feet existing, 27’ proposed, and a coverage variance of 0.8%, 20% allowed, 18.85% existing, 20.8% proposed, to extend a nonconforming deck parallel to the house – EZO Section 4.10.2H.
Reference is made to a map titled “Prepared for Frank Vono, Enfield, CT 06082, Reino E. Hyppa & Associates, Civil Engineers, and Land Surveyors, Glastonbury, Conn.”, dated 10-12-83 and marked Map No. 161-83-2 and to three air photos marked “#5 (Leon Street)”, and to all documentation and discussion under ZBA 2008-06-06.
The motion was approved by a 5 – 0 – 0 vote with Alternate LaRosa voting.
The reason for approval was the request is the minimum required to make the existing nonconforming deck, which is currently not useable, useable.
6. OTHER BUSINESS
NONE
7. ADJOURNMENT – Ms. Turner made a motion, seconded by Mr. Yarum, to adjourn. Following a unanimous vote, the Board adjourned at 12:05.
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