beagenda

MINUTES

WATERTOWN ZON= ING BOARD OF APPEALS

REGULAR MEETING<= /b>

WEDNESDAY, MARCH 22, 2006 - 7:30 P= .M.

WATERTOWN HIGH SCHOOL TECHNOLOGY CENTER

PRESENT:      = ;            &n= bsp;            = ;          Mary Bisson, Secretary

      = ;            &n= bsp;            = ;            &n= bsp;            = ;    John Griffith

            =             &nb= sp;            =             &nb= sp;          Enrico Sarandrea, Chairman

ABSENT:      &nbs= p;            &= nbsp;           &nbs= p;           Roger Mitchell

            =             &nb= sp;            =             &nb= sp;          Phil Roger, Vice Chairman

ALTERNATES PRESENT:      = ;        Gary Swingle

ALTERNATES ABSENT:      = ;          Chris Lafferty

OTHERS PRESENT<= /b>:            =             M= ary Barton, Zoning Enforcement Officer

            =             &nb= sp;            =             &nb= sp;          Franklin Pilicy, Town Attorney

            =             &nb= sp;            =             &nb= sp;          Moosa Rafey, Assistant = Zoning Enforcement Officer

1.         = Call Meeting To Order

            Mr. Sarandrea, Chairman, Called the Meeting to Order at 9:49 p.m.

2.     &nb= sp;   Roll Call

            Ms. Bisson, Secretary, executed the Roll Call.

            Mr. Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Roger, in his abse= nce.

ZONING BOARD OF APPEALS

REGULAR MEETING

MARCH 22, 2006

PAGE 2

3.         = Minutes

&nb= sp;

A.      =            Public Hearing, October 26, 2005, App. #807, Pioneer Plaza, LP

B.      =            Public Hearing, October 26, 2005, App. #808, James Millis

C.      =            Public Hearing, October 26, 2005, App. #809, David Heckelman

D.      =            Regular Meeting, October 26, 2005

E.      =             Public Hearing, November 16, 2005, App. #810, Hard Rock Development, LLC

F.      =             Public Hearing, November 16, 2005, App. #811, Timken U.S. Corporati= on

G.      =            Regular Meeting, November 16, 2005

H.      =            Special Meeting Public Hearing, December 14, 2005, App. #812, Cingu= lar (no quorum)

I.      =             &nb= sp; Special Meeting, December 14, 2005 (no quorum)

J.      =              Public Hearing, January 25, 2006, App. #812, New Cingular wireless<= o:p>

K.      =           Regular Meeting, January 25, 2006

L.      =             Public Hearing, February 22, 2006, App. #813, Anthony Zappone<= /o:p>

M.      =          Public Hearing, February 22, 2006, App. #814, Albert Neidt, Jr.

N.      =           Public Hearing, February 22, 2006, App. #815, Richard Marcucio, Jr.=

O.      =           Public Hearing, February 22, 2006, App. #816, Sheila DeJesus

P.      =             Public Hearing, February 22, 2006, App. #817, Distasi Catering, LLC=

Q.      =           Regular Meeting, February 22, 2006

(Tape #2, Side B ended – may have missed some.)

        &= nbsp;           &nbs= p;   MOTION:       (Ms. Bisson, sec. Mr. Griffith) to Approve 3A through= 3K as presented.

        &= nbsp;           &nbs= p;   Discussion: = ;      None

&nb= sp;

MOTION PASSED UNANIMOUSLY

        &= nbsp;           &nbs= p;   MOTION:       (Ms. Bisson, sec. Mr. Griffith) to Table 3L through 3Q as presented.<= /span>

        &= nbsp;           &nbs= p;   Discussion: = ;      None

&nb= sp;

MOTION PASSED UNANIMOUSLY

ZONING BOARD OF APPEALS

REGULAR MEETING

MARCH 22, 2006

PAGE 3

4.         = Executive Session

&nb= sp;

A.      =            Sw= ingle Settlement Agreement

Mr. Rafey: = If Mr. Swingle recuses himself, the= re will not be a quorum. A speci= al meeting will be scheduled.

&n= bsp;

        &= nbsp;           &nbs= p;   MOTION:       (Mr. Griffith, sec. Ms. Bisson) to Table Swingle Settlement Agreement.

        &= nbsp;           &nbs= p;   Discussion: = ;      None

&nb= sp;

MOTION PASSED UNANIMOUS= LY

5.         = Old Business

A.        Discussion and possible vote on Swingle Settlement Agreement

        &= nbsp;           &nbs= p;   MOTION:       (Mr. Griffith, sec. Ms. Bisson) to Table the Swingle Settlement Agreement.<= /o:p>

        &= nbsp;           &nbs= p;   Discussion: = ;      None

&nb= sp;

MOTION PASSED UNANIMOUS= LY

= B.      =            Application #813 of Anthony Zappone, request for a variance of 5 feet to a rear yard property line setback to permit the construction of an attached garage at 841 Woodbury Road, Watertown, <= st1:State w:st=3D"on">CT.

If the = Public Hearing is Closed on March 22, 2006, then a deci= sion is required by May 25, 2005.

&n= bsp;

MOTI= ON:       (Mr. Griffith, sec. Ms. Bisson) to Approve Application #813 of Anthony Zappone, = request for a variance of 5 feet to a rear yard property= line setback to permit the construction of an attached garage at 841 Woodbury Road, Watertow= n, CT.

Disc= ussion;       None<= /p>

MOTI= ON PASSED UNANIMOUSLY

ZONING BOARD OF APPEALS

REGULAR MEETING

MARCH 22, 2006

PAGE 4

= C.      =            Application #817 of Distasi Catering, LLC, d/b/a Gr= and Oak Villa for appeal of decision of the Zoning Enforcement Officer concerni= ng refusal of the Z.E.O. to sign the State of Connecticut Application for Liquor Per= mit for the Grand Oak Villa at 550 Sylvan Lake Road, Oakville,= CT.

If the = Public Hearing is Closed on March 22, 2006, then a deci= sion is required by May 25, 2005.

&n= bsp;

MOTI= ON:       (Mr. Swingle, sec. No One) to order the Z.E.O. to sign the p= ermit.

Mr. Rafey: The motion dies.

Mr. Sarandrea: What do we do now? Table it? Is there another motion on the flo= or?

Atty. Pilicy: If there’s no motion, it̵= 7;s tabled.

MOTI= ON:       (Mr. Swingle, sec. Mr. Griffith) to Table Application #817, of Distasi Catering, LLC, d/b/a Grand Oak Villa for appeal of decision of the Zoning Enforcement= Officer concerning refusal of the Z.E.O. to sign the State of Connecticut Applicati= on for Liquor Permit for the Grand Oak Villa at 550 Sylvan Lake Road, Oakville, CT.

Disc= ussion:       None<= /p>

In F= avor:        &= nbsp; Mr. Griffith, Mr. Sarandrea, Mr. Swingle

Oppo= sed:         = Ms. Bisson

Abst= ained:        None

MOTI= ON CARRIED (3-1-0)

= D.      =            Review of By-Laws of the Zoning Board of Appeals.

Mr. Rafey: Did you get a chance to review the By-Laws?

MOTI= ON:       (Mr. = Griffith, sec. Mr. Swingle) to Approve the Zoning Board of Appeals By-Laws as presented.

Discussion:       None<= /p>

MOTION PASSED UNANIMOUS= LY

ZONING BOARD OF APPEALS

REGULAR MEETING

MARCH 22, 2006

PAGE 5

6.         = New Business

&nb= sp;

A.        Application #818 of Dorothy and Willis Fairchild, request for a variance of 12 feet to a rear yard property line setback to permit the construction of a new single family dwelling and deck on Lot 6B Winthrop Street, Oakville, CT.

        &= nbsp;   If the Public Hearing is Closed on March 22, 2006, = then a decision is required by May 25, 2006.

        &= nbsp;   MOTION:       (Mr. Griffith, sec. Ms. Bisson) to Approve Application #818 of Dorothy and Willis Fairchild, request for a variance of 12 feet to a rear yard property line setback to permit the construction of a new single family dwelling and deck= on Lot 6B Winthrop Street, Oakville, CT.

        &= nbsp;   Discussion:       None<= o:p>

        &= nbsp;   MOTION PASSED UNANIMOUSLY

B.         = Application #819 of Lovely Development, Inc., request for three variances of the Watert= own Zoning Regulations concerning front and rear yard property line setbacks to permit the construction of a new single family dwelling on Lot 34 Grandview Avenue, Watertown, CT.

        &= nbsp;   If the Public Hearing is Closed on March 22, 2006, = then a decision is required by May 25, 2006.

        &= nbsp;   MOTION:       (Mr. Griffith, sec. Mr. Swingle) to Accept the Withdr= awal Letter for Application #819 of Lovely Development, Inc., request for three variances of the Watertown Zoning Regulations concerning front and rear yard property line setbacks to permit the construction of a new single family dwelling on Lot 34 Grandview Avenue, Watertown, CT.

        &= nbsp;   Discussion:       None<= o:p>

        &= nbsp;   MOTION PASSED UNANIMOUSLY

7.         = Communications and Bills

None=

ZONING BOARD OF APPEALS

REGULAR MEETING

MARCH 22, 2006

PAGE 6

&nb= sp;

8.         = Reports from Committees

            None=

9.         = Adjournment

MOTION:<= span style=3D'mso-tab-count:1'>       (Ms. Bisson, sec. Mr. Swingle) to Adjourn the Regular Meeting at 9:55 p.m.<= /o:p>

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

  &nbs= p;         Regular Meeting Adjourned at 9:55 p.m.

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

Enrico Sarandrea, Chairman

Watertown Zoning Board of Appea= ls

  &nbs= p;         _________________= _________________

  &nbs= p;         Lynn M. LaForme, Minutes Secretary