NOTICE OF ACTION

ENFIELD ZONING BOARD OF APPEALS

REGULAR MEETING AGENDA

MONDAY, MAY 24, 2010 - 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 7:00 p.m.

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

APPROVAL OF MINUTES – April 26, 2010 Regular Meeting – Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the Minutes of April 26, 2010.  The Minutes were approved by a 5 – 0 – 0 vote. 

CORRESPONDENCE / STAFF REPORT

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

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

APPEALS – NEW - ONE

READING OF THE LEGAL NOTICE

ZBA 2010-05-01 – VMS Construction, Applicants & Anthony Troiano & Frank Troiano, Jr., Owners, 26 Pearl St., Map 24 / Lot 84, TVC Zone, appealing a decision of the Zoning Enforcement Officer - EZO Sections 1.10, 3.30.13, 5.20, 5.40, & 6.30.5 – This application was withdrawn.

VARIANCES –NEW - THREE

READING OF THE LEGAL NOTICE

ZBA 2010-05-02 – Timothy Kennedy, Applicant & Owner, 6 Louise Dr., Map 53 / Lot 317, R33 Zone, requesting an Accessory Structure setback variance forward of the rear building line - EZO Section 3.30.7A – Mr. LaRosa made a motion, seconded by Ms. Turner, to approve the request for an accessory building rear building line setback variance to construct a spa – EZO Section 3.30.7A. 

Reference is made to the site plan submitted by the applicant on a building permit diagram form showing the proposed location of the spa and stamped “RECEIVED APR 23, 2010, PLANNING OFFICE, ENFIELD, CT”, and to all documentation, photographs, and discussion under ZBA 2010-05-02.

The motion was denied by a 2 – 3 – 0 vote.  Ms. Turner and Mr. Mastroberti voted in favor; Chairman Yarum, Mr. LaRosa and Mr. Urbanowitz voted nay. 

READING OF THE LEGAL NOTICE

ZBA 2010-05-03 – Gregory Perkins, Applicant & Owner, 262 Jackson Rd., Map 111 / Lot 202, R44 Zone, requesting a coverage variance of 4.39%, 24.39% proposed, 20.08 existing, 20% allowed for deck addition - EZO Section 4.10.2H – Chairman Yarum made a motion, seconded by Mr. LaRosa, that the Board deny ZBA 2010-05-03 without prejudice.  The motion was approved by a 5 – 0 – 0 vote.   

READING OF THE LEGAL NOTICE

ZBA 2010-05-04 – Nancy Grimaldi, Applicant & Owner, 31 Belmont Ave., Map 79 / Lot 83, R33 Zone, requesting an Accessory Structure setback variance forward of the rear building line - EZO Section 3.30.7A – Chairman Yarum made a motion, seconded by Mr. LaRosa, that ZBA 2010-05-04 be kept open and tabled to the next meeting to allow the applicant to come back with the site coverage information that the Board requires.  The motion was approved by a 5 – 0 – 0 vote. 

OTHER BUSINESS - NONE

EXECUTIVE SESSION – Mr. LaRosa made a motion, seconded by Ms. Turner, to go into Executive Session.  The motion was approved  by a unanimous vote and the Board went into Executive Session  at 7:50 p.m.  Executive Session ended at 8:12 p.m. and there were no motions made or decisions made. 

Mr. LaRosa made a motion, seconded by Ms. Turner, to have the Zoning Enforcement Officer ask all proper town individuals to relook  at the Robbins property on Weymouth Road as far as the use.  The motion was approved by a 5 – 0 – 0 vote. 

ADJOURNMENT – Mr. LaRosa made a motion, seconded by Ms. Turner, to adjourn.  Following a 5 – 0 – 0 vote, the Board adjourned at 8:15 p.m.