ENFIELD ZONING BOARD OF APPEALS
REGULAR MEETING
NOTICE OF ACTION
MONDAY, DECEMBER 27, 2004 - 7:00 P.M.
ENFIELD TOWN HALL - COUNCIL CHAMBERS
820 ENFIELD STREET - ENFIELD, CT
NOTES ON VARIANCES
PUBLIC STATEMENTS PRIOR TO COMMENCEMENT OF A REGULARLY SCHEDULED OR SPECIAL MEETING WHERE VARIANCE REQUESTS WILL BE HEARD DURING PUBLIC HEARINGS
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 hardship.
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, or a special meeting should time limits require and allow, for their application to be heard at Public Hearing.
AGENDA
THE MEETING WILL ADJOURN AT 9:00 P.M.
1. CALL TO ORDER The meeting was called to order by Chairman Peter Yarum at 7:06 p.m.
2. ROLL CALL: Present were Chairman Peter Yarum and Board members Rinaldi, Ballard, Thorogood, Furey, and Alexander. Also present were Roger Alsbaugh, Assistant Town Planner, and Susan Berube, Recording Secretary. Members Ballard and Alexander were seated as regular voting members for this meeting. Mr. Thorogood was appointed as Secretary Pro-Tem for this meeting.
3. APPROVAL OF MINUTES – November 29, 2004: A motion was made by Mr. Furey and seconded by Mr. Rinaldi to approve the minutes of the meeting of November 29, 2004 as presented. Vote was 3-0-2 (Ballard & Alexander).
4. CORRESPONDENCE / STAFF REPORT: Mr. Alsbaugh noted that most items of correspondence and Staff Report are addressed as part of the agenda.
5. PUBLIC HEARING(S) / PROCEDURAL & POLICY STATEMENTS BY CHAIRMAN
(Legal Notices for the following public hearings were published in the Journal Enquirer on Monday, December 13, 2004, and Monday, December 20, 2004.)
PUBLIC HEARINGS - CONTINUED / TABLED [Appeals and/or Variances]
NONE
VARIANCES -NEW
READING OF THE LEGAL NOTICE
ZBA 2004-10-01 - Daniel J. Long, Applicant and Owner, 3 Montclair Dr., Map 57 / Lot 137, R-33 Zone, requesting an accessory structure side yard variance of 3 ft. (5 ft. existing, 2 ft. proposed, 5 ft. required) to construct a detached garage - EZO Section 3.30.7A[i] Daniel J. Long appeared as the applicant.
In response to chairman Yarum’s concerns, Mr. Alsbaugh recommended that a vote be taken to accept the revision of the legal ad to represent a 2' variance. A motion was made by Mr. Rinaldi and seconded by Mr. Alexander to recognize the discrepancy in the legal notice. The actual variance request is for 2', not 3'.
The public hearing was closed at 7:27 p.m. A motion was made by Mr. Rinaldi and seconded by Mr. Alexander TO APPROVE the request for a 2' variance of the side yard setback, 3' proposed, 5' required, to allow construction of an accessory structure garage - EZO Section 3.30.7A[i]
Reference is made to a site plan titled "3 Montclair Dr.", stamped "RECEIVED, SEP 29, 2004, PLANNING OFFICE, ENFIELD CT", and showing existing and proposed conditions by the applicant as submitted for this application, and to all documentation and discussion under ZBA 2004-10-01.
Vote was 0-0-5 Denied.
READING OF THE LEGAL NOTICE
ZBA 2004-10-02 - Walter & Dawn Meskell, Applicants and Owners, 7 Sharp St., Map 67 / Lot 409, R33 Zone, requesting a coverage variance of 5% (25% proposed, 20 % existing, 20% allowed, to allow an addition to the main structure - EZO Section 4.10.2H Mr. & Mrs. Meskell appeared as the applicants.
In response to chairman Yarum’s concerns regarding the variance request of 7% in the legal ad versus 5% on the application, Mr. Alsbaugh explained that the actual calculations performed by staff indicated a 7% variance was required. The legal ad was composed with that in mind. Mr. Alsbaugh recommended that a vote be taken to accept the revision in the legal ad to represent a 7% variance. A motion was made by Mr. Rinaldi and seconded by Mr. Alexander to accept the change in the legal notice. The actual variance request is for 7%.
Vote was 5-0-0.
The public hearing was closed at 7:41 p.m. A motion was made by Mr. Furey and seconded by Mr. Rinaldi TO APPROVE the request for a lot coverage variance of approximately 7% (27% proposed, 13.15% existing, 20% maximum allowed) to construct an addition (garage, family room, in-law space - EZO Section 4.10.2H.
Reference is made to two maps, both identifying "7 Sharp St."- one 40-scale Assessor's Map section showing existing conditions, and one map of the same lot enlarged 175% showing proposed conditions by the applicant as submitted for this application, and to all other documentation and discussion under ZBA 2004-10-02.
Vote was 5-0-0 Approved.
READING OF THE LEGAL NOTICE
ZBA 2004-12-01 - Jane M. Grigsby, Applicant and Owner, 20 Magnolia Dr., Map 61 / Lot 61, R33 Zone, requesting a coverage variance of 5.4% (25.4% proposed, 10.75 % existing, 20% allowed), to allow an eldercare and garage addition to the main structure - EZO Section 4.10.2H Jane & David Grigsby appeared as the owners.
The public hearing was closed at 7:52 p.m. A motion was made by Mr. Rinaldi and seconded by Mr. Furey TO APPROVE the request for a lot coverage variance of approximately 5.4% (25.4% proposed, 10.75% existing, 20% maximum allowed) to construct an addition (in-law/elder-care space, garage, & family room), - EZO Section 4.10.2H.
Reference is made to an un-scaled site plan titled "David & Jane Grigsby, 20 Magnolia Dr., Dibattisto Associates, LLC, (dated) 11/21/04", showing existing and proposed conditions, and one location map (Assessor's Map section) of the same lot and the general area as submitted for this application, and to all other documentation and discussion under ZBA 2004-12-01.
Vote was 5-0-0 Approved.
6. NEW BUSINESS - NON-PUBLIC HEARING ITEMS
SUITABILITY OF LOCATION [new or used car sales, general repairer license, limited repairer license, gasoline service stations. NOTE: Amendment Sec. 70 to the state budget affecting suitability of location statutes reinstates the ZBA as the required approver of a certificate of location. Sec. 10 of the original PA 03-184 remains in effect; that section repealed CGS 14-55 that required a public hearing.]
ZBA 2004-12-02 – 809 Enfield Street, LLC dba Enfield Kia, 809 Enfield Street, Map 29 / Lot 72, BG Zone: Request for Certificate of Suitability – New Car Dealer. – CGS Section 14-54 and EZO Section 11.00C Withdrawn 12/20/04.
ZBA 2004-12-03 – Anthony Troiano & Sons, Inc., 777 Enfield Street, Map 29 / Lot 53, BG Zone: Request for Certificate of Suitability – Used Car Dealer. – CGS Section 14-54 and EZO Section 11.00C This item was considered in conjunction with ZBA 2004-12-04.
ZBA 2004-12-04 – T. S. Motor Cars, Inc., 767 Enfield Street, Map 29 / Lot 53, BG Zone: Request for Certificate of Suitability – Used Car Dealership. – CGS Section 14-54 and EZO Section 11.00C Mr. Frank Troiano of 1747 Enfield Street and Mr. Tom Sasso of 31 Birch Hill Drive, Somers represented the applicants.
A motion was made by Mr. Rinaldi and seconded by Mr. Furey TO APPROVE the request to approve a Certificate of Suitability under Connecticut General Statutes Section 14-54 & EZO Section 11.00C, for the operation of a Used Car Dealer license under the applicant’s ownership. Said operation is to be at the described location [767-777 Enfield Street] and as delineated on the site plan submitted with the application.
Reference is made to a plan sheet titled “Site Plan, Troiano & Sons Oil Company, 777 Enfield Street, Enfield, CT, D'Onofrio Surveying & Engineering, Sheet No. 1, [dated] Oct/18/2004”, and to all documentation and discussion under ZBA2004-12-03.
Vote was 5-0-0 Approved.
A motion was made by Mr. Alexander and seconded by Mr. Furey TO APPROVE the request to approve a Certificate of Suitability under Connecticut General Statutes Section 14-54 & EZO Section 11.00C, for the operation of a Used Car Dealer license under the applicant’s ownership. Said operation is to be at the described location [767-777 Enfield Street] and as delineated on the site plan submitted with the application.
Reference is made to a plan sheet titled “Site Plan, Troiano & Sons Oil Company, 777 Enfield Street, Enfield, CT, D'Onofrio Surveying & Engineering, Sheet No. 1, [dated] Oct/18/2004”, and to all documentation and discussion under ZBA2004-12-04.
Vote was 5-0-0 Approved.
By unanimous consent, a brief recess was called at 8:07 p.m. The meeting re-convened at 8:11 p.m.
Present were: Chairman Peter Yarum and Board members Rinaldi, Ballard, Thorogood, and Alexander. Also present were Roger Alsbaugh, Assistant Town Planner, and Susan Berube, Recording Secretary.
7. OTHER BUSINESS
· Review of new application form: Mr. Alsbaugh reported no essential changes. Tabled until January, 2005 meeting.
· Review of Roberts Rules of Order, Newly Revised or Roberts Rules of Order for Small Assemblies After some discussion, Chairman Yarum asked that the following be placed on the next agenda for further deliberation: “Discussion: Roberts’ Rules of Order and General Formality of Meetings”. The current agenda item was tabled from further discussion at this meeting.
8. ADJOURNMENT: A motion was made by Mr. Alexander and seconded by Mrs. Ballard to adjourn the meeting at 8:35 p.m. Vote was 5-0-0.
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