ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
September 12th, 2006
1. Call to Order:
Chairman
Torres called the meeting to order at 7:31 P.M.
11. Members Present: John Torres, Robert Minch, Barbara Flebotte, Edward
Mack
Daniel Scully.
Public Hearing was called to order
by Chairman Torres at 7:32 P.M.
111. Public Hearing
1. John Bernier
Secretary, Mr. Scully read
the legal notice. John Bernier of 455 North District Road in Somers, CT is
seeking a variance from Somers code 214-98; requirement of 175 foot variance
for frontage to one or more lots in a 30 acre parcel of a proposed six-lot
subdivision at 455 Ninth District Road.
Abutters Mr. and Mrs. Joseph
Russo of 479 Ninth District Road read a letter to the Zoning Board of Appeals
expressing their opposition to the above variance being granted. Please see attached.
Abutters Mr. and Mrs. Stephen
Sobaski of 432 Ninth District Road were also present. At that time, Mr. Sobaski mentioned that on the 30 acre parcel
there is a right-of-way that the surrounding property owners utilize for
logging, farming, and other needs. He
stated that this right-of-way is clearly noted on the Pease property Deed which
is filed with the Somers Town Hall. He
inquired whether there had been any mention of this right-of-way on the
proposed sub-division plans.
2. Rodney Jalbert
Mr. Scully read the legal
notice. Rodney Jalbert of 10 Paul
Street East Hampden, MA is seeking a variance from Somers code 214-21;
requirement of 10-foot for driveway set-back to allow for a common driveway to
service 2 lots in a proposed subdivision on La Cabanna Road Somers, CT. No
abutters were present.
3. Timofey Matsuk
Mr. Scully read the legal
notice. Timofey Matsuk of 5 Coyote
Glynn Drive Southwick, MA is seeking a variance from Somers code 214-09, and 214-98;
requirement of 35 feet for maximum primary building height to allow for
proposed family home at 33 Kensington Road Somers, CT.
Abutters Mr. Tony Estanislau
of 36 Kensington Court and Mr. Edward Ayala of 23 Highland View Drive were
present and requested that the variance not be granted. Mr. Estanislau took the opportunity to
mention that he had sat down with Patrice Carson and reviewed the schematics
for Mr. Matsuk’s proposed home. It was
at that time that Ms. Carson noted that the front of the building exceeded the
35-foot height maximum. Mr. Torres
responded that he too had spoken with Ms. Carson and she had not made mention
of that finding.
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Mr. Matsuk and his representative
responded that they have met with Ms. Carson on numerous occasions over the
last 2 years and there has been no question as to the front of the home
measuring more than the maximum 35 foot height. They further expressed their frustration with the processes of
obtaining various applications and feel as if they are being requested to obtain
variances that other homeowners (clearly in violation of the height
requirement) were not requested to do in the past. What was mentioned over the 2 year time frame was that there is no
clear definition as to how a home’s height is measured. Whether you research regulation handbooks,
past meeting notes, or files within the Town Hall itself, not one individual is
clear as to how a home’s height is measured.
Mr. Mack recalled a case a
number of years ago where it WAS specified as to how these measurements were to
be obtained. He would research this
case and inform the Commission prior to the next scheduled ZBA meeting.
4. James J. Gessey & Robert A. Ludwig
Mr. Scully read the legal notice. James
J. Gessey & Robert A. Ludwig of 24 Middle Butcher Road Ellington, CT are seeking a variance from Somers code 214-98:
requirement of 10 foot driveway set-back for a common driveway to allow for
access to three of the lots within the proposed 8-lot subdivision off of Parker
Road and South Road in Somers, CT.
Chairman Torres read a
correspondence from J.R. Russo and Associates dated September 11, 2006. Please see attached. The office is representing the above
mentioned applicants and was unable to attend the September Zoning Board of
Appeals meeting due to a scheduling conflict.
They requested that the application be tabled until the October 2006
Zoning Board of Appeals meeting.
5.
Daniel Tarbox
Mr. Scully read the legal
notice. Mr. Daniel Tarbox of 21 Concord
Terrace Somers, CT is seeking a variance from Somers code 214-98; requirement of
50 foot for front yard set-back to allow for the location of an attached front
porch addition to his home at 21 Concord Terrace, Somers, CT.
No Abutters were present.
After all discussion, motion
made by Commissioner Mack; seconded by Commissioner Flebotte to adjourn the public Hearing for 4 of the 5 applications with the
4th item; James J. Gessay and Robert A Ludwig’s application being
postponed until the October 2006 ZBA meeting.
Motion approved unanimously. The
public Hearing closed at 8:30 P.M.
IV. Regular Meeting
The regular meeting continued
at 8:31 P.M.
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V. Minutes Approval – August 8,
2006
Correction to be made:
Item
#1 & Item #2 – “Acting Town Secretary” to be replaced with “Acting
Secretary”.
Motion made by Commissioner Minch, seconded by
Commissioner Mack to approve the ZBA August 8, 2006 minutes with above noted
corrections. Motion approved
unanimously.
VI. Public Hearing
Discussion
1.
John Bernier
The
Commission felt there was inadequate information to make an informed decision
on this application. What was actually
being requested; frontage or an easement?
Is there a Right-of-Way located on the above mentioned property as noted
by the abutters? These questions would
need to be clarified.
After this discussion, motion
made by Commissioner Scully; seconded by Commissioner Mack to cease
discussion and vote. The Commission
unanimously voted to table the application until the next ZBA meeting in
October 2006 allowing for further information to be obtained.
2. Rodney Jalbert
After some discussion, motion
made by Commissioner Scully; seconded by Commissioner Minch to cease discussion and vote.
The Board voted unanimously to allow for a common driveway to service 2
lots in a proposed subdivision on La Cabanna Road Somers, CT
3. Timofey Matsuk
After some discussion, motion
made by Commissioner Minch; seconded by Commissioner Flebotte to cease
discussion and vote. The Board voted
unanimously to table the discussion until the next ZBA meeting in October 2006.
In the interim, more information could be collected in regards to height
requirements and the appropriate manner in which a home should be measured.
4. James J Gessay & Robert A. Ludwig
Application to be postponed
until the October 10, 2006 Zoning Board of Appeals meeting.
5.
Daniel Tarbox
After some discussion, motion
made by Commissioner Flebotte; seconded by Commissioner Mack to cease discussion
and vote. Commissioners Scully and
Minch believed that a vote should be taken.
Commissioners Mack, Torres, and Flebotte felt more information should be
obtained in regards to the hardship and other means of egress to this
applicant’s home. With a 3 to 2 vote,
the application was tabled until the next ZBA October 2006 meeting.
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VII. Old Business:
None
VIII. New Business:
Commissioner Flebotte
expressed that she felt many applicants come before the Zoning Board of Appeals
with no real understanding of what they are seeking. They get some direction from individuals (maybe within the town
hall), but have no real grasp of what they need. This makes it both frustrating and difficult as a Commission
member.
Secondly, it is her belief
that more abutters need to be made aware of sub-divisions and other changes
that directly affect their home/property.
She feels as if it is vital that they be made aware of these changes and
have the opportunity to express their disapproval or approval in the appropriate
setting.
Thirdly, Commissioner
Flebotte noted that it should be clarified as to how a home is measured for the
maximum height requirement. Someone
needs to specify so that situations such as Mr. Matsuk’s does not happen time
and time again. Mr. Mack mentioned again
that he recalled something in regards to utilizing the top of the homes
foundation to do such, but would need to investigate further to get the
specifics.
IX. Correspondence:
None
X. Bills:
Motion made by Commissioner Mack; seconded by
Commissioner Scully to pay all ZBA bills including the Journal Inquirer in the
sum of $267.58. Motion approved
unanimously.
XI. Adjournment:
Motion made by Commissioner Mack to adjourn the
meeting; second by Commissioner Scully. Motion
approved unanimously. The meeting stood
adjourned at 9:26 P.M.
Respectfully submitted,
Jennifer D. Boudreau
Recording Secretary
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