NOTICE OF ACTION

ENFIELD ZONING BOARD OF APPEALS

REGULAR MEETING AGENDA

MONDAY, JULY 28, 2008 - 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.

THE MEETING WILL ADJOURN AT 9:00 P.M., unless extended by the Board

CALL TO ORDER: The meeting was called to order by Acting Chairman Scott Hozempa at 7:24 p.m.

ROLL CALL: Present were: Scott Hozempa, Acting Chairman, Maurice Larosa, John Rinaldi and Mary Ann Turner. Also present were Roger Alsbaugh, Assistant Town Planner and Susan Berube, Recording Secretary.

Mr. Larosa was seated as a full voting member for this meeting and Ms. Turner was appointed as vice chair for this meeting by Acting Chairman Hozempa.

APPROVAL OF MINUTES – June 30, 2008: A motion was made by Mr. Larosa and seconded by Ms. Turner to approve the minutes of the meeting of June 30, 2008 as presented. Vote was 4-0-0.

CORRESPONDENCE / STAFF REPORT: None.

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

PUBLIC HEARINGS – CLOSED & TABLED; DECISION TO BE MADE [Appeals and/or Variances] - ONE

ZBA 2008-06-03 – Robert Robbins, Applicant & Owner, 29 Weymouth Rd., Map 17 / Lot 53, R33 Zone, requesting an accessory building height variance of 8.0 ft., 12 ft. required, 20.0 ft. existing, 20.0 ft. proposed, and a front setback variance of 70’ for a farm building, 100 ft. required, 30 ft. proposed, 30 ft. 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 & 4.30.1A: A motion was made by Ms. Turner and seconded by Mr. Larosa to postpone voting on 2008-06-03 until a special meeting to be held on August 25, 2008 in order to obtain clarification by the Town’s Attorney. Vote was 4-0-0.

APPEALS – NEW - NONE

VARIANCES –NEW

READING OF THE LEGAL NOTICE

ZBA 2008-07-01 – Reginald Duby, Applicant & Owner, 60 Broad Leaf Lane, Map 18 / Lot 154, R33 Zone, requesting a side yard setback variance of 3 ft., 5 ft. required, 2 ft. proposed, to construct a 10 ft. x 22 ft. accessory carport- EZO Section 3.30.7Ai: A motion was made by Mr. Larosa and seconded by Mr. Rinaldi to table discussion on this application to the meeting of August 25, 2008 to give the homeowner time to measure out the Board’s suggested location for the carport. If the location is appropriate, the applicant will withdraw his application. Vote was 4-0-0.

OTHER BUSINESS: A motion was made by Mr. Turner and seconded by Mr. Larosa to enter into executive session to discuss personnel matters at 8:37 p.m. Vote was 4-0-0.

Executive session ended at 8:54 p.m. No votes were taken and no decisions were made.

ADJOURNMENT: A motion was made by Ms. Turner and seconded by Mr. Larosa to adjourn the meeting at 8:55 p.m. Vote was 4-0-0.