ZONING BOARD OF APPEALS
REGULAR MEETING MINUTES
March 13, 2007
1. Call to Order:
Chairman
Torres called the meeting to order at 7:35 P.M.
11. Members Present: John Torres, Robert Minch, Barbara Flebotte, Daniel
Scully, Jerry Young. Absent: Edward Mack
Mr. Young seated for Mr. Mack
Public Hearing was called to order
by Chairman Torres at 7:35 P.M.
111. Public Hearing
1.
Brett and Angela Sartain
Secretary, Mr. Scully read
the legal notice. Brett and Angela
Sartain of 686 Main Street, Somers CT. are seeking a variance from Somers Code
Section 214-38 (Paragraph I) concerning stables for horses in order to allow
for the use change to an existing outbuilding to house a horse on their
property at 686 Main Street, Somers, CT.
Mr. Sartain spoke to the
Commission members in regards to the existing building located on his lot,
explaining that they wished to house the horse on there property within this
dwelling. Mr. Torres presented
information which outlined the previous homeowners coming before the Land Use
Department in 1999. At that time the
owners petitioned to have the older existing building to be torn down and a new
one built in its place. He noted at
that time that the existing building to be torn down was “grandfathered” in and
did not need to be updated to meet with the current regulations at the time of
their petition. But with the 1999
request, it was explained to the homeowners that the new building would need to
meet the current regulations since the footprint was changing and a new
dwelling created. The homeowners then
signed documentation expressing that the new outbuilding would conform to the
1999 current regulations and would not be utilized to house any animals.
In 2006 these same homeowners
once again requested to change the status of the outbuilding to be utilized to
house animals as they were in the process of selling the property. Their request was denied. They had created their own hardship and
permission could not be granted to approve a conforming building to be altered
to a non-conforming one.
With that said, Mr. and Mrs.
Sartain expressed that their hardship was that they owned the minimum 2 acres
in which to own a horse on the property, but were unable to house the animal
due to the properties lot dimensions. They
also added that they had discussed with one of their abutters about leasing an
acre of their property in order to have 3 acres for which to allow for the
building to be changed. The Commission
members explained that unless the Sartains were to purchase the land, leasing
it would not change the outcome of the status change. Commissioner Flebotte did explain that she thought they could
lease the land as noted and have the horses graze on their land, but be housed
on the neighbors property.
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No abutters were present.
11.
Sulman Quraishi of Temple Property Management, LLC
Secretary, Mr. Scully read
the legal notice. Sulman Quraishi of
Temple Property Management, LLC of 585 Burnside Avenue, East Hartford, CT. is
seeking a variance from Somers Code Section 214-98 requirement for side yard
setback in order to allow for the location of a proposed rear exit door and
deck for emergency access use for the medical office facility located at 146
Mains Street, Somers, CT.
Sulman and Mansoor Quraishi explained
that in November 2006, Ms. Carson informed them that the deck on their property
was nonconforming. They also presented
the Commission with updated schematics for the above mentioned property. Commissioner Flebotte mentioned that the
variance required was for the deck and not the exit door. The Commission agreed.
Sulman explained that the
builder had noted that it would be best to have an emergency exit which was NOT
located near the maintenance room.
Initially, a door was shown on the plans, but was replaced with a window
for whatever reason. Neither of the
applicants knew why this change was made.
Commission members noted that at this time there appears to be no
hardship since a door may replace an exiting window; located at the back of the
building and level with the typography of the land.
The Quraishi brothers stated
that they would speak with the builder and explore why the other option was not
accepted at the time of construction and get back to the Commission.
Since further information was
needed, the Commission and the applicants agreed to continue the Public hearing
until the next ZBA meeting. If in the
interim, the applicants wish to withdraw their request; because the builder
would dismantle the nonconforming deck and replace a window with an emergency
exit door, then they would inform Commissioner Torres in writing. Otherwise, the applicants will be placed on
the agenda for the next meeting.
After all discussion, motion made by Commissioner
Scully; seconded by Commissioner Flebotte to adjourn the public hearing. Motion approved unanimously.
Public Hearing closed at 8:35
p.m.
IV. Regular Meeting
The regular meeting continued
at 8:36 P.M.
V. Minutes Approval – November
14, 2006 & December 19, 2006
Motion made by Commissioner Minch, seconded by
Commissioner Scully to approve the ZBA November 14, 2006 minutes as presented. Motion approved unanimously.
Correction – December 19, 2006 – Page 4 of 4 to be replaced with
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Motion made by Commissioner Scully, seconded by
Commissioner Flebotte to approve the ZBA December 19, 2006 minutes with above
noted correction. Motion approved
unanimously.
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VI. Public Hearing
Discussion
1. Brett and
Angela Sartain
After much discussion,
motion made by Commissioner Scully; seconded by Commissioner Minch to cease
discussion and vote.
The
Commission voted unanimously to deny the variance from Somers code Section 214-38 (Paragraph I) concerning stables for horses
in order to allow for the use change to an existing outbuilding to house a
horse on their property at 686 Main Street, Somers, CT.
11. Temple Property Management, LLC.
The Commission voted
unanimously to table any further discussion on this application until the next
scheduled meeting.
VII. Old Business:
None
VIII. New Business:
Commissioner Torres presented
the Commission with a copy of the projected budget for 2007; adding that he
submitted the budget in February and believes it to be approved.
IX. Correspondence:
Three letters from the First
Selectman’s office were sent to Commissioner Torres; one establishing Mr. Minch
as a regular member and the two others recognizing both Mr. Jerry Young and Mr.
B.J. Ferro as alternate members to the ZBA Commission.
X. Bills:
Motion made by Commissioner Minch; seconded by
Commissioner Flebotte to pay all ZBA bills including the Journal Inquirer in the
sum of $535.16. Motion approved
unanimously.
XI. Adjournment:
Motion made by Commissioner Young; second by
Commissioner Minch to adjourn the meeting.
Motion approved unanimously.
The meeting stood adjourned at 8:57 P.M.
Respectfully submitted,
Jennifer D. Boudreau
Recording Secretary
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