ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
October 10th, 2006
1. Call to Order:
Chairman
Torres called the meeting to order at 7:34 P.M.
11. Members Present: John Torres, Robert Minch, Barbara Flebotte, Edward
Mack
Absent: Daniel Scully.
Public Hearing was called to order by Chairman Torres at 7:35 P.M.
111. Public Hearing
1. James J. Gessey & Robert A. Ludwig
Acting secretary, Mr. Mack
read the legal notice. James J. Gessey & Robert A. Ludwig of 24 Middle
Butcher Road Ellington, CT are seeking a variance
from Somers code 214-21 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.
Mr. Bob Sanders, a
representative from J.R. Russo and Associates, presented to the Zoning Board of
Appeals a presentation which highlighted why there was a need for a variance on
this property. It was stated that it
would be much safer to access these proposed lots utilizing a common driveway
due to the lands typography. Mr. Minch
inquired about the amount of frontage on the proposed lots. It was noted that there was 200 ft. of
frontage. Ms. Flebotte also inquired
why there was not a road considered to address this access issue instead of a
common driveway? Mr. Sanders was
unaware if a road was considered at any time during the preliminary sketches. Due to the lands typography; steep grades
exceeding 40 foot drop offs and a ravine; 3 feet in width by 6 feet in depth in
some areas, it would be best to access these proposed building lots by the
common driveway.
Abutter, Mr. Edward Lyons of
Parker Road Somers was present and verified that there was a ravine which runs
through the parcel of land in question.
Motion was made by Commissioner Flebotte; seconded by
Commissioner Minch to cease discussion and adjourn the Public Hearing. Motion approved unanimously.
The Public Hearing closed at
7:54 P.M.
IV. Regular Meeting
The regular meeting continued
at 7:55 P.M.
V. Minutes Approval – September
12, 2006
Correction to be made:
Item
#1 under Public Hearing; “John Bernier of 455 North District Road…” to be replaced with “John Bernier of
455 Ninth District Road…”
Page 1 of 4
Motion made by Commissioner Mack, seconded by
Commissioner Flebotte to approve the ZBA September 12, 2006 minutes with above
noted correction. Motion approved
unanimously.
VI. Public Hearing
Discussion
1. James J. Gessey & Robert A. Ludwig
Commissioner
Minch expressed some concerns in regards to the actual hardship noted for this
variance. Commissioner Flebotte echoed
these concerns stating that she believed the hardship was mainly
economical. Could monetary concerns be
listed as a hardship? No. The Board could find no other hardships
present. After much discussion, a
motion was made by Commissioner Minch, seconded by Commissioner Mack and
unanimously approved to cease discussion and vote.
The
Board voted unanimously to decline the application from Somers code 214-21 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.
2. John Bernier
Acting Secretary, Mr. Mack read
the legal notice. John Bernier of 455 Ninth 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, Mr. Roger Pease, and Mr. and Mrs. Stephen
Sobeski were all present.
Commissioner Torres stated
that he had been in contact with the Somers town hall to research the land in
question and found no right-of-way on the property except for that of the
Public Works Department. Commissioner
Torres continued further by providing a map which illustrated this information.
It was at that time that both
Mr. Pease and Mr. Sobeski presented to the Zoning Board of Appeals Committee
original deeds and maps for their properties which clearly indicate and define
a right-of-way. These various maps,
deeds, and other documents were presented as evidence. They were reviewed by the board and shown to
Mr. Bernier’s representative Mr. Aeschliman.
Mr. Mack stated that there is
no true hardship at this time because lot #2 may be accessed from Ninth
District Road.
Motion made by Commissioner Mack, seconded by
Commissioner Minch to cease discussion and vote.
Board voted unanimously to
deny 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.
Page 2 of 4
3.
Timofrey Matsuk
Acting Secretary, Mr. Mack read
the legal notice. Timofrey 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.
Neither Mr. Matsuk nor his attorney
was present at the meeting.
Mr. Torres presented to the
Board a letter from the Town Planner, Patrice Carson which stated that the
front of the home according to documentation presented from the home owner
exceeded the maximum height requirement for both the front and the back of the
home.
Commissioner Torres then read
from the Town Regulations/Zoning Book.
He highlighted the way in which a home was to be measured to calculate
the maximum height requirement.
Calculating the mean of the homes height utilizing the land base with
the peak of the roof – not to include that of the chimney.
Commissioner Torres felt it
would be acceptable to allow for the height variance for the back/rear of the
above mentioned home (not exceeding the 42ft.) be granted with the stipulation
or condition that all the remaining areas of the home; the two sides and the
front, NOT to exceed the maximum height of 35 feet.
Motion made by Commissioner Minch; seconded by Commissioner
Mack to cease discussion and vote.
The Board voted unanimously
to grant 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. with the stipulation that the front and sides of
the home not exceed the maximum height of 35 feet and the rear height of the
home not to exceed 42 feet.
4.
Daniel Tarbox
Acting secretary Mr. Mack 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.
Mr. Tarbox, his contractor,
and his attorney were all present at the meeting. They provided a picture of 21
Concord Terrace which showed the front porch in question as well as sited
various passages in the Zoning Regulations Book – section 214.111 Part 1 and
other verbiage from Parts 11, 111, and 1V.
Each section referred to either property enhancement or minor
infractions by human error. Noting that
these were two reasons why the applicant should be granted the variance. It was further emphasized the medical need
for Mr. Tarbox’s mother to gain access to the home from this porch due to her
poor health without having to maneuver throughout the entire homes living space
to get to her area of residence.
Page 3 of 4
Commissioner Flebotte stated
that she could not understand why any contractor could/would measure from a
homes front door to that of the roads curb to obtain propery measurement
information. In addition, she could not
understand why anyone would wish for an individual in poor health to have to
battle the elements for longer than necessary to gain access to a home. It was her thought process to gain immediate
access through the garage. In using
this access point, the individual in poor health would not have to manuveur to
the front of the home in order to gain immediate access.
After all discussion, motion made by Commissioner Minch;
seconded by Commissioner Mack to cease discussion and voted.
With a vote of three
(Commissioners Torres, Mack, and Minch) to approved and one (Commissioner Flebotte)
to deny, the 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. was denied.
VII. Old Business:
None
VIII. New Business:
None
IX. Correspondence:
None
X. Bills:
Motion made by Commissioner Mack; seconded by
Commissioner Minch to pay all ZBA bills including the Journal Inquirer in the
sum of $543.03 Motion approved
unanimously.
XI. Adjournment:
Motion made by Commissioner Mack to adjourn the
meeting; second by Commissioner Flebotte. Motion
approved unanimously. The meeting stood
adjourned at 9:00 P.M.
Respectfully submitted,
Jennifer D. Boudreau
Recording Secretary
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