NOTICE OF ACTION

ENFIELD ZONING BOARD OF APPEALS

SPECIAL MEETING AGENDA

MONDAY, APRIL 13, 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 – Chairman Peter Yarum called the meeting to order at 7:10 p.m.

ROLL CALL – Present were Chairman Peter Yarum, Maurice LaRosa, Alternate, Charles Mastroberti, Alternate, Mary Ann Turner, and Andrew Urbanowicz, Alternate.

APPROVAL OF MINUTES – September 29, 2008 – Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the Minutes of September 29, 2008.  The Minutes were approved by a unanimous vote. 

CORRESPONDENCE / STAFF REPORT

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

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

APPEALS – NEW - NONE

VARIANCES –NEW - TWO

READING OF THE LEGAL NOTICE

ZBA 2009-03-01 – Susan Cleary, Applicant and Owner, 22 Arrow St., Map 66 / Lot 226, R33 Zone, requesting a front yard setback variance of 8 ft., 27 ft. requested, 35 ft. required to construct an addition & garage - EZO Section 4.10.2H – This public hearing was closed.

Ms. Turner made a motion, seconded by Mr. LaRosa, to approve the request for a front yard setback variance of 8 ft., 27 ft.  requested, 35 ft. required to construct an addition and garage – EZO Section 4.10.2G,

Reference is made to: (1.) A site plan titled “Southwood Acres, Section 4 of Sheet 3, Vol. 5, Pg. 157 (Enfield Land Records), Revised Map, March 22, 1955, Approved at Previous Meeting”, and filed March 23, 1955, and (2.) An enlargement of the subject property from the former map indicating variance location proposal, and to all documentation and discussion under ZBA 2009-03-01.

The motion was approved by a 5 – 0 – 0 vote.

Mr. LaRosa made a motion, seconded by Ms. Turner, to extend the meeting beyond 9:00 p.m.  The motion was approved by a 5 – 0 – 0 vote.

READING OF THE LEGAL NOTICE

ZBA 2009-04-01 – Thompsonville Fire Dept., Applicant and A. Troiano & Sons, Owner, 26 Pearl Street & 21 Prospect St., Map 24 / Lots 84 & 97, TVC Zone, requesting a maximum front setback variance from 25 ft. to 66 ft., a maximum building height variance from 40 ft. to 65 ft., and a variance to allow a 1-story building where 2 stories are required, all to allow construction of a new fire house - EZO Section 5.10 – This public hearing was closed.

Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the requests for: 1) a maximum front setback variance from 25 feet to 66 feet; 2) a maximum building height variance from 40 feet to 65 feet; and 3) a variance to allow a 1-story building where 2 stories are required, all for the limited purpose of allowing construction of, and use as, a firehouse – EZO Section 5.10.

These variances are strictly limited to the construction of, and use as, a fire house on the subject property in accordance with a plan entitled: “Variance Request Plan Thompsonville Fire Department, Pearl, Prospect and Asnuntuck Streets, Enfield, Connecticut”, Sheet 1 of 1, Scale 1”=20’, by F. A. Hesketh & Associates, dated 03/30/09.

The motion failed by a 3 – 2 – 0 vote.  Ms. Turner, Mr. LaRosa, and Mr. Mastroberti voted in favor; Chairman Peter Yarum and Andrew Urbanowicz voted nay. 

OTHER BUSINESS

·         Discussion: 33 Second Avenue, status and process review – Mr. Mastroberti made a motion, seconded by Mr. LaRosa, to table this discussion of 33 Second Avenue until the Regular Meeting of April 27, 2009.  The motion was approved by a 5 – 0 – 0 vote. 

ADJOURNMENT – Mr. LaRosa made a motion, seconded by Ms. Turner, to adjourn.  Following a unanimous vote, the Board adjourned at 9:50 p.m.