BOARD OF APPEALS
Attendees: Paul Grégoire, Chairman, Dave Methe, Judith Bernath and Bill Lis
Absent: Tom Stapleton and Wendy Cordeiro, Secretary
7:00 PM: Meeting opened to conduct general business, accept meeting minutes of 09/12/2011, review mail and sign invoices.
7:15 5 Kline Road
Mr. Grégoire read the hearing notice. Walter and Florence Solek: split of property at 5 Kline Road into two parcels, with each new parcel requiring 15 foot lot width variance. Each lot will only be 185 feet across at 75 foot frontage setback; bylaw requires 200 feet. Each lot will be 1.5 + acres and meets total area requirements for R40 zone.
Florence Solek requested permission to have her daughter, Jean Nilsson, speak for her during the hearing.
Ms. Nilsson stated that parcel had been previously zoned and taxed as agricultural under Chapter 61A, and that the Town re-zoned the parcel a year ago to R40 due to the lack of 5 contiguous acres of land as required under Chapter 61A. Therefore, it is now being taxed at a much higher rate. Soleks had the parcel surveyed by D. L. Bean.
Mr. Grégoire stated that owner shows total of 3.1 acres in parcel, but Town records disagree. Ms. Nilsson stated that the Town does not show correct ownership of the parcel. She spoke to Sue Gore in the Board of Assessors office, and was told that the information would be changed after the parcel survey is recorded with the registry of Deeds. Soleks came to the ZBA to obtain the variance, and then want to go to the PB to get an ANR to officially delineate the two parcels.
Mr. Grégoire stated that the parcel would have to be officially recorded before the ZBA could determine a position on the variance request. Ms. Nilsson indicated that she did not want to have to go to the Registry of Deeds to register the parcel more than once.
The following abutters participated in the hearing:
Joseph Burns, 1 Kline Road: Mr. Burns stated that he was the individual who originally broke up the larger parcel which was comprised of three parcels in his current 3.6 acres, a second larger parcel, and the parcel at 5 Kline Road, with the intention of the parcel at 5 Kline Road remaining a single lot. He voiced opposition to the parcel division. He does not want what was intended to be a single home lot turned into two homes, and has concerns about the wetland issues. There are two streams running through the parcel, and a good portion of the parcel is considered wetlands.
Melissa Prifti, 6 Westwood Road in Simsbury - owner of 8 Kline Road which is where her father-in-law, Pando Prifti, resides. Father-in-law was also present. Ms. Prifti voiced opposition to the splitting of the parcel. She stated that her parcel was downhill from 5 Kline Road, and that she is concerned about the wetlands and what the impact would be on her property if the land were to be built upon. She has this concern with one house being built, and feels the impact would be even greater if two houses were built on that same parcel. Mr. Prifti voiced his opposition as well.
Mr. Grégoire read a letter into record, submitted by abutter Mrs. Krynicki, 235 Granville Road. The letter stated that Mrs. Krynicki was unable to attend the hearing and voiced her support in granting the variance.
Steve and Kate Dickinson, 23 Kline Road: Mr. Dickinson voiced opposition to the parcel division, stating that he feels that the hardship element, as well as other criteria that would allow for the variance acceptance, have not been met. Mr. Dickinson voiced the following concerns: issues associated with the wetlands and the topography of the land; allowing a variance inconsistent with R40 is not congruent with the character of Kline Road; as his property is downhill from 5 Kline, he is concerned with the ramifications to his property associated with the building of two houses instead of one. He is in favor of one house on one lot. Mentioned that the Krynicki’s are selling their home at 235 Granville Road, and requested that their support of the parcel division be discounted, as they do not have a vested interest. He provided the Board with a copy of a real estate listing. Requested that the variance be denied as 3 out of 4 abutters are in opposition and 4th abutter has no vested interest.
Mr. Grégoire pointed out that hardship has been shown in that the parcel was changed from Chapter 61A, which has a lower tax rate, to R40 when it was re-evaluated last year. Florence Solek stated she now has to pay $1,000 more in taxes per year.
Mr. Burns stated that the parcel had already been put up for sale as one lot in the past.
Al Deloretto, 96 South Longyard: not an abutter; stated that nobody wants a house next to them and Town should show flexibility. As long as lot contains required square footage, variance should be allowable.
Mr. Methe asked the Soleks if they had attempted to file for abatement to see if Town would reverse the decision or reduce taxes. Ms. Nilsson stated that they had not tried to work with the Town on that issue, but felt that the Town would not abate back to 61A tax levels.
A question was raised by Ms. Nilsson regarding the appeals period once the decision has been rendered. Mr. Grégoire explained the appeals process to the audience.
Mr. Grégoire made a motion to table the decision on 5 Kline Road until the parcel was officially recorded with the Registry of Deeds. Mr. Lis second the motion. After brief discussion as to whether the decision needed to be tabled or not, vote was taken. All in favor; none opposed.
Mr. Burns asked if the abutters will be notified of next meeting. Ms. Nilsson objected to abutters being notified. Mr. Grégoire explained that abutters have the right to be aware of the next meeting, and since a meeting date could not be determined until Ms. Nilsson records the deed, they will all be notified by mail.
Chairman closed public hearing at 8:00 p.m.
Discussion on new findings associated with Pride Gas Station application. New questions addressed about parking space requirements.
8:45 PM: Mr. Methe made a motion to close the meeting. Mr. Lis second. All in favor; none opposed.