Zoning Board of Appeals

CITY OF TORRINGTON ZONING BOARD OF APPEALS MEETING MINUTES December 11, 2023 Present: Marc Trivella, Chair Carrie Vibert, Vice Chair Ken Edwards, Member James Steck, Member Randall Stelma, Alternate Steve Thompson, Alternate Also Present: Nate Nardi-Cyrus, AICP; Assistant City Planner Not Present: Christopher Smyth, Member 1. Call to Order: Mark Trivella, Zoning Board of Appeals Member called the meeting to order at 7:00 p.m. in-person at City Hall Auditorium, Room 218, 140 Main Street, Torrington, CT. A remote option was also available via Microsoft Teams. 2. Roll Call and Announcements: Mr. Trivella announced present and serving in person are Board members James Steck, Carrie Vibert, Randall Stelma, Steve Thompson and Marc Trivella. Serving remotely is Board Member Ken Edwards. Also present in person is Nate Nardi-Cyrus, Assistant City Planner. 3. Election of New Zoning Board of Appeals Officers: MOTION by Mr. Steck to nominate Marc Trivella as Chair of the Zoning Board of Appeals, Seconded by Mr. Edwards, motion unanimously carried. Mr. Nardi-Cyrus recommended the Board also nominate a Vice Chair, in the event Mr. Trivella is not present at a meeting. MOTION by Mr. Trivella to nominate Carrie Vibert as Vice Chair, seconded by Mr. Edwards, motion unanimously carried. 4. Minutes for Approval: a. March 13, 2023 MOTION by Mr. Steck to accept the March 13, 2023 minutes, seconded by Ms. Vibert, motion unanimously carried.  b. May 8, 2023 MOTION by Mr. Steck to accept the May 8, 2023 minutes, seconded by Ms. Vibert, motion unanimously carried. 5. Old Business: None 6. New Business: a. Variance Applicant: Luis Loja Location: 104 Washington Avenue Proposal: Front yard setback variance on Central Avenue from 25’ to 17.9’ (variance of 7.1’) and front yard setback variance on Washington Avenue from 25’ to 23.2’ (variance of 1.8’) to convert single family house into two family house Mr. Nardi-Cyrus explained an error had by made by the surveyor on the numbers for the variance; which resulted in incorrect noticing. The survey and application will need to be redone, as well as noticing (no new application fee will be charged). Mr. Nardi-Cyrus recommended a public hearing be scheduled for January 8, 2024 will which automatically table it until then to be heard. Mr. Edwards inquired if the clock restarts for decision timing. Mr. Nardi-Cyrus suggested not opening the hearing this evening, and just to set a public hearing date of January 8, 2024. MOTION by Mr. Steck to set a public hearing on January 8, 2024, seconded by Mr. Edwards, unanimously carried. b. Zoning Enforcement Official Decision Appeal Applicant: Gary Hatstat Location: 441 Oak Avenue Action Being Appealed: Abandonment of pre-existing non-conforming use Ms. Vibert read the legal notice which was published in the Republican American. Mr. Gary Hatstat verified the public hearing signs were posted and notices properly sent out. Attorney Luis Medina, attorney for Gary Hatstat appeared before the Board and requested this matter be moved to the next public hearing in order for him to properly review all materials, as he was just retained today to represent Mr. Hatstat. Zoning Board of Appeals Minutes Page 2 of 3 December 11, 2023  Mr. Nardi Cyrus explained it is his decision that is being appealed, therefore he cannot provide guidance to this Board in this case. He explained Chair Mr. Trivella has already spoken with Jeremy Leifert, City Planner, to review this case. Discussion amongst board members followed regarding timing of the appeal, dates of legal notices, etc. Attorney Medina reiterated the necessity of his need to review case materials before any discussion at this hearing. MOTION by Mr. Steck to open the public hearing, and to continue it to the next Zoning Board of Appeals meeting on January 8, 2024. Motion seconded by Mr. Edwards, motion carried. (Mr. Stelma abstained from voting.) ********, Mr. Nardi-Cyrus requested an item by added to the agenda by 2/3rds vote regarding Zoning Board of Appeals training. MOTION by Ms. Vibert to add an item to the agenda: Zoning Board of Appeals training. Motion seconded by Mr. Steck, unanimously carried. Mr. Nardi-Cyrus reviewed this new pilot year in the State of Connecticut requiring training for Planning and Zoning Commission Members and Zoning Board of Appeal Members. Four hours of training are required, including one hour of training in affordable housing. Mr. Nardi-Cyrus is working to have training right at one of the regular meetings, and provided details of recorded meetings. He will continue to forward training materials on to this Board. Mr. Nardi-Cyrus will put together a report together showing training thus far for 2023. 2023 is the first year of this requirement by the State of Connecticut. He noted attorneys on boards and commissions are exempt from any training requirements. ********. An unidentified member of the audience spoke and requested an off-the-record discussion on the 441 Oak Avenue Appeal matter. Mr. Trivella responded that is not the proper procedure and invited the interested party to attend the January 8, 2024 meeting. 7. Adjournment: MOTION by Mr. Edwards to adjourn at 7:20 p.m., seconded by Ms. Vibert, unanimously carried. _______________ Land Use Office City of Torrington Zoning Board of Appeals Minutes Page 3 of 3 December 11, 2023