beagenda

MINUTES

WATERTOWN ZONING BOARD OF APPEALS<= o:p>

SPECIAL MEETING<= /b>

WEDNESDAY, APRIL 12, 2006 - 6:30 P= .M.

WATERTOWN HIGH SCHOOL TECHNOLOGY C= ENTER

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

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

            =             &nb= sp;            =             &nb= sp;          Roger Mitchell, Secretary

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

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

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

ALTERNATES PRESENT:      = ;        Gary Swingle

ALTERNATES ABSENT:      = ;          Chris Lafferty

OTHERS PRESENT<= /b>:            =             F= ranklin 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 6:30 p.m.

2.     &nb= sp;   Roll Call

            Mr. Mitchell, Secretary, executed the Roll Call.

            Mr. Swingle Recused himself from this application.

ZONING BOARD OF APPEALS

SPECIAL MEETING

APRIL 12, 2006

PAGE 2

3.         = Executive Session

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A.      =            Swingle Settlement Agreement

MOTION:<= span style=3D'mso-tab-count:1'>       (Mr. = Roger, sec. Ms. Bisson) to enter into Executive Session at 6:33 p.m. with the 5 members of the Zoning Board of Appeals, Mr. Rafey, and Atty. Pilicy.

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Discussio= n:       None<= o:p>

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MOTION PA= SSED UNANIMOUSLY

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Present During Executive Session

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Mary Bisson=

John Griffith

Roger Mitchell, Secret= ary

Phil Roger, Vice Chair= man

Enrico Sarandrea, Chai= rman

Franklin = Pilicy

Moosa Raf= ey

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Mr. Saran= drea, Chairman, Reconvened the Regular Meeting at 6:45 p.m.

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No Motion= s Were Made; No Votes Were Taken.

4.         = Old Business

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A.&n= bsp;            = ;    Discussion and Possible Vote on Swingle Settlement Agreement

MOTION:     = (Mr. Griffith, sec. Mr. Roger) to accept the Swingle Settlement Agreement.<= /o:p>

Discussion:       None<= o:p>

MOTION PASSED UNANIMOUSLY

Mr. Swingle returned to the meeting at this time.

ZONING BOARD OF APPEALS

SPECIAL MEETING

APRIL 12, 2006

PAGE 3

B.&n= bsp;            = ;    Application #817 of Distasi Catering LLC, d/b/a Grand Oak Villa for appeal of decision of the Zoning Enforcement Offi= cer concerning refusal of the Z.E.O. to sign the State of Connecticut Applicati= on for Liquor Permit for Grand Oak Villa at 550 Sylvan Lake Road, Oakville, CT= .

A decision is required by May 25, 2006.

Mr. Mitchell Recused himself from this application.

Mr. Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Mitchell, in his absence.

Mr. Rafey: I made some copies of the application of the liquor permit because t= he one I sent with the packet was reduced and was very hard to read. The question that is in front of t= his Commission is on this application. This is nothing new, it’s a copy of the application that was submitted for the liquor permit (inaudible) Zoning Enforcement Officer (inaudible). I just want to c= lear this issue because what is in front of you is not a variance application an= d this is not a permit for the Town of Watertown to issue the liquor permit. There is one question on this application that asks the Town of Watertown that if you have any Zoning Regulations that prohibits the sale of liquor in that zone, and that’= s the only question that we have to answer and Ms. Barton refused to sign this an= d I asked Atty. Pilicy to join us here to give you some clarification on the is= sue that is in front of you tonight.

Atty. Pilicy: I believe at the last public hearing and regular meeting I delivered= an opinion, we discussed it a little bit and at this point I’d just be prepared to answer any questions that anyone may have concerning the legal opinion or any other matters that may be in this record.<= /p>

Mr. Sarandrea: Anybody have anything they’d like to ask Franklin?<= /span>

Atty. Pilicy: I know the minutes are available so everyone here has had an opportu= nity to read the minutes. I’m referring to the public hearing minutes; I’m sure everyone here has received them.

Mr. Swingle: Is there anything prohibiting the Zoning Enforcement Officer from restricting the (inaudible)?

ZONING BOARD OF APPEALS

SPECIAL MEETING

APRIL 12, 2006

PAGE 4

Atty. Pilicy: This application pending before you technically has nothing to do wi= th the other zoning regulations that do exist, it has nothing to do with the interpretation of what’s authorized under the Special Permit #80 or what’s authorized under the existing regulations or whether or not the use being made of the property from the zoning perspective exceeds what was authorized. Those are separat= e issues and apart from the liquor application and the underlying liquor statutes. This is strictly a narrow issue of= local zoning regulations that may or may not prohibit the sale of alcohol at that location. That’s really the narrow que= stion for Watertown’s zoning agency to decide and that’s up to the St= ate Liquor Department to otherwise decide whether or not they qualify for a liq= uor permit and what type of liquor permit they may qualify for. That’s all beyond any agency= in Watertown, that’s all a state issue.= Our issue again is the local zoning agency may if they choose prohib= it the sale of liquor in one or more or all zoning districts, but the State Li= quor Commission asks us on this application is have you done so for this particu= lar zoning district and the answer is in my opinion, there’s no such prohibition in any zoning district for Watertown at this time.

Mr. Swingle: If this isn’t overturned and signed by the Zoning Enforcement Officer, what will become of this (inaudible)?

Atty. Pilicy: If the Zoning Board of appeals, wha= tever decision is made by the Zoning Board of Appeals certain parties have rights= to file appeals of those decisions. If you decide to support the Zoning Officer then the applicant that filed this appeals could appeal to Superior Court; if you overturn the Zoning Officers decision and decide that the zoning application ought to be signed, then any neighbor owning property within 100 feet could appeal that decision to Supe= rior Court, but again my opinion is that we do not have a zoning regulation that prohibits the sale of alcohol and therefore the applicant is entitled to ha= ve the application signed.

Mr. Rafey: And that’s the only question on this application.

Atty. Pilicy: That’s the only issue before this Board right now.<= /span>

Mr. Rafey: And by signing this it doesn’t mean that we issue a liquor per= mit, it has to go through the process with the State. If they want to give the liquor pe= rmit, it’s up to them, if they don’t, it’s up to them.

Mr. Griffith: They can issue a permit with restri= ctions can they not?

Atty. Pilicy: = I’d refer that to the Liquor Commission; I’m not sure. I know they’re very strict a= bout enforcing whatever the regulations require but whether they can issue conditional permits or not, I’m not qualified to answer that.

ZONING BOARD OF APPEALS

SPECIAL MEETING

APRIL 12, 2006

PAGE 5

Mr. Sarandrea: Does anyone else have any questions for Franklin? Okay, thanks Frank.

MOTION:     = (Mr. Roger, sec. Mr. Griffith) that we do not uphold the decision of the Zoning Enforcement Officer.

Discussion:       None<= o:p>

In Favor:      &= nbsp;   Mr. Griffith, Mr. Roger, Mr. Sarandrea, Mr. Swingle

Opposed:         = None

Abstained:        Ms. Bisson

MOTION CARRIED (4-0-1)

5.         = Adjournment

  &nbs= p;         MOTION:       (Mr. Griffith, sec. Mr. Roger) to Adjourn the Special Meeting at 6:55 p.m.<= /o:p>

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

  &nbs= p;         MOTION PASSED UNANIMOUSLY

Respect= fully submitted,

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Enrico Sarandrea, Chairman

Waterto= wn Zoning Board of Appeals

  &nbs= p;         _________________= _________________

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