NOTICE OF ACTION

ENFIELD ZONING BOARD OF APPEALS

SPECIAL MEETING AGENDA

MONDAY, AUGUST 25, 2008 - 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., unless extended by the Board

CALL TO ORDER – Chairman Kevin Kibbe called the meeting to order at 7:07 p.m.

ROLL CALL – Present were Kevin Kibbe, Chairman, Scott Hozempa, John Rinaldi, Peter Yarum. Mary Ann Turner, and Maurice LaRosa.

APPROVAL OF MINUTES – July 28, 2008 –

Mr. LaRosa made a motion, seconded by Mr. Yarum, to approve the Minutes of July 28, 2008. The Minutes were approved by a unanimous vote.

CORRESPONDENCE / STAFF REPORT

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

PUBLIC HEARINGS – CLOSED & TABLED; DECISION TO BE MADE [Appeals and/or Variances] - ONE

ZBA 2008-06-03 – Robert Robbins, Applicant & Owner, 29 Weymouth Rd., Map 17 / Lot 53, R33 Zone, requesting an accessory building height variance of 8.0 ft., 12 ft. required, 20.0 ft. existing, 20.0 ft. proposed, and a front setback variance of 70’ for a farm building, 100 ft. required, 30 ft. proposed, 30 ft. existing, to be able to gain final approval and Certificate of Occupancy for a newly constructed accessory structure or farm building - EZO Sections 3.30.7i & 4.30.1A - Decision required; variance to be considered set by appeal decision – ZEO Order upheld, structure is an accessory building, height not compliant

Mr. LaRosa made a motion, seconded by Mr. Yarum, to approve the request for an accessory building height variance of 8.0 ft., 12 ft. required, 20.0 ft. existing, 20.0 ft. proposed to be able to gain final approval and Certificate of Occupancy for a newly constructed accessory building – EZO Section 3.30.7i.

Reference is made to all site plans and documents submitted by the applicant and town staff, and to all discussion under ZBA 2008-06-03.

The motion was denied by a 1 – 4 – 0 vote. Mr. Hozempa voted in favor; Ms. Turner, Mr. Rinaldi, Mr. LaRosa and Mr. Yarum voted nay. Chairman Kibbe did not participate in this vote.

PUBLIC HEARINGS - CONTINUED [Appeals and/or Variances] - ONE

READING OF THE LEGAL NOTICE

ZBA 2008-07-01 – Reginald Duby, Applicant & Owner, 60 Broad Leaf Lane, Map 18 / Lot 154, R33 Zone, requesting a side yard setback variance of 3 ft., 5 ft. required, 2 ft. proposed, to construct a 10 ft. x 22 ft. accessory carport- EZO Section 3.30.7Ai

This application was withdrawn.

OTHER BUSINESS - Mr. Kibbe nominated Peter Yarum as Chairman of the Enfield Zoning Board of Appeals. Ms. Turner seconded the nomination. Peter Yarum was elected Chairman by a unanimous vote.

NONE

ADJOURNMENT

Ms. Turner made a motion, seconded by Mr. LaRosa, to adjourn. Following a unanimous vote, the Board adjourned at 8:00 p.m.