NOTICE OF ACTION

ENFIELD ZONING BOARD OF APPEALS

REGULAR MEETING AGENDA

MONDAY, MAY 18, 2009 - 7:30 P.M.

ENFIELD TOWN HALL – ENFIELD ROOM, LOWER LEVEL

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 7:32 p.m.

ROLL CALL – Present were Chairman Peter Yarum and Board Members Scott Hozempa, Maurice LaRosa, John Rinaldi, Mary Ann Turner, Andrew Urbanowicz, Alternate, and Charles Mastroberti, Alternate.

APPROVAL OF MINUTES – April 27, 2009, Regular Meeting – Ms. Turner made a motion, seconded by Mr. LaRosa, to approve the Minutes of April 27, 2009.  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] - ONE

READING OF THE LEGAL NOTICE

ZBA 2009-04-02 – Exxon Mobil Oil, Applicants & MR&D LLC, Owners, 75 Hazard Ave., Map 56 / Lot 37, BL Zone, requesting a side yard setback variance of 17 ft., 3 ft. proposed, 20 ft. required to erect an environmental equipment container - EZO Section 5.10 Table – This public hearing was closed.

Mr. Rinaldi made a motion, seconded by Ms. Turner, to approve the request for a side yard setback variance of 17 ft., 3 ft. proposed, 20 ft. required to erect an environmental equipment container – EZO Section 5.10 Table.

Reference is made to a site plan titled “Trench System Layout Plan, EXXONMOBIL OIL CORPORATION, Mobil Service Station #01-F2T, 76 Hazard Avenue, Enfield, CT 06082 (and dated) 3-11-09”, said plan also showing the variance request site at 75 Hazard Avenue north and across Hazard Avenue from the described service station, and to all documentation and discussion under ZBA 2009-04-02.  The motion was approved by a 5 – 0 – 0 vote. 

APPEALS – NEW - NONE

VARIANCES –NEW - ONE

READING OF THE LEGAL NOTICE

ZBA 2009-05-01 – Laurence & Cheryl Provost, Applicants & Owners, 6 Third St., Map 36 / Lot 306, R33 Zone, requesting a rear yard setback variance of 32.5 ft., 17.5 ft. proposed, 50 ft. required to erect an addition and garage - EZO Section 4.10 Table – This public hearing was closed.

Ms. Turner made a motion, seconded by Mr. Rinaldi, to approve the request for a rear yard setback variance of 32.5 ft., 17.5 ft. proposed, 50 ft. required to erect an addition and garage – EZO Section 4.10 Table

Reference is made to a site plan showing the proposed addition and garage to the dwelling on the 6 Third Street lot, and also showing the 8 Third Street dwelling and lot, both lots labeled with bearings and distances, and a second plan being an A-2 Survey and showing the property of Henry and Waltella Dubish and dated May 1948, both site plans being stamped “Planning Office, April 30, 2009, Enfield, CT”, and to all documentation and discussion under ZBA 2009-05-01.  The motion was approved by a 5 – 0 – 0 vote with Alternate Mastroberti voting.  Chairman Yarum did not participate in this hearing.

ORGANIZATIONAL MEETING

·  Review of By-laws / Modification of Appendix III – Application Form Template – Ms. Turner made a motion, seconded by Mr. Hozempa, to approve the modification of Appendix III of the By-laws as proposed.  The motion was approved by a 5 – 0 – 0 vote. 

OTHER BUSINESS

·                    Chairman’s memo to PZC re Accessory Structures

EXECUTIVE SESSION

·                    Current litigation – Mr. LaRosa made a motion, seconded by Mr. Hozempa, to go into Executive Session to discuss current litigation.  The motion was approved by a unanimous vote and the Board went into Executive Session at 9:10 p.m.  Executive Session ended at 9:23 p.m.  There were no votes taken or decisions made. 

ADJOURNMENT – Ms. Turner made a motion, seconded by Mr. LaRosa, to adjourn.  Following a unanimous vote, the Board adjourned at 9:25 p.m.