beagenda

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MINUTES<= o:p>

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WATERTOWN ZONING BOARD OF APPEALS

REGULAR MEETING

WEDNESDA= Y, MAY 25, 2004 - 7:30 P.M.

JOHN TRUMBULL PRIMARY SCHOOL MEDIA CENTER

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

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

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

ABSENT: = ; &n= bsp; = ; = Roger Mitchell

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

ALTERNATES PRESENT: Chris Lafferty

= &nb= sp; = &nb= sp; Scott Stewart

ALTERNATES ABSENT: = ; None

OTHERS PRESENT: &nbs= p; &= nbsp; Moosa Rafey, Assistant Zoning Enforcement Officer

1. = Call Meeting To Order

Mr. Roger, Vice Chairman, Called the Meeting to Order at 7:45 p.m.

2. &nb= sp; Roll Call

Ms. Bisson, Secretary, executed the Roll Call.

Mr. Roger, Vice Chairman, asked Mr. Lafferty to sit in for Mr. Mitchell, in his absence.

Mr. Roger, Vice Chairman, asked Mr. Stewart to sit in for Mr. Sarandrea, in his absence.

ZONING BOARD OF APPEALS

REGULAR MEETING

MAY 25, 2004

PAGE 2

3. = Minutes

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A. = Public Hearing, March 23, 2005, App. #794, Charles McGraine (Cancel= led)

B. = Regular Meeting, March 23, 2005 (Cancelled)

C. = Continuation of Public Hearing, April 27, 2005, App. #795, Griffin School, LLC

D. = Public Hearing, April 27, 2005, App. #796, Mark and Lori Fusco=

E. = Public Hearing, April 27, 2005, App. #797, Kim Ottowitz<= /span>

F. = Public Hearing, April 27, 2005, App. #798, James Reeser<= /span>

G. = Public Hearing, April 27, 2005, App. #799, Victor and Johanna Chern= esky

H. = Public Hearing, April 27, 2005, App. #800, Daniel Hadjstylianos

I. = &nb= sp; Public Hearing, April 27, 2005, App. #801, James and Louise Hughes<= o:p>

J. = Regular Meeting, April 27, 2005.

K. = Public Hearing, May 5, 2005, App. #803, Griffin School, LLC

L. = Special Meeting, May 5, 2005

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

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

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MOTION PASSED UNANIMOUSLY

4. = Old Business

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None

5. = New Business

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A. = Application #804 of Satish Aggarwal requesting for a variance of 13 feet to a side yard property line setback to permit an exist= ing shed to remain on site at = 370 Linkfield Road, Watertown, = CT.

If = Public Hearing is Closed on May 25, 2005, then a decisi= on is required by July 28, 2005.

MOTION: (Ms. Bisson, sec. No One) to Approve Application #804 of Satish Aggarwal request= ing for a variance of 13 feet to a side yard property line setback to permit an existing shed to remain on site at 370 Linkfield Road, Watertown, CT.

Discussion: Mr. Griffith: Where is the hardship?

ZONING BOARD OF APPEALS

REGULAR MEETING

MAY 25, 2004

PAGE 4

= ; Ms. Bisson: There’s pro= bably no other place where it would be convenient, and they can’t put it in= the back yard cause all the septic is in the back yard.

= ; Mr. Stewart: All of the septi= c is in the back yard?

= Ms. Bisson: Well the leach field and the septic system is in the back yard.

= ; &n= bsp; Mr. Stewart: How big is this = lot?

= ; &n= bsp; Mr. Griffith: It’s (ina= udible) by 125.

= Mr. Rafey: It’s 44,376 square feet and it’s in an R-70 zone. A= nd the width of the lot is only 125 feet.

= ; Mr. Roger: I know we try to a= dhere to the Zoning Regulations, but in my opinion being that the neighbors are t= he ones that have to look at it, and the neighbors don’t object, so in my opinion, not living in that area, and I don’t have to look at it, I don’t really object. I understand that we’re supposed to adhere to the regulations as best as possible but the shed has already started construction and we have no objections from the neighbors. I mean to me that’s not a legitimate hardship either . . . . . . .

= ; &n= bsp; Mr. Stewart: No, it isn’= ;t.

= ; Mr. Rafey: This in line with = the existing garage and it meets the front and rear setbacks. The only setback it doesn’t = meet is the side.

= Mr. Roger: Any further discussion?

= ; &n= bsp; Mr. Griffith: 71-7 says no va= riance unless you have a proven hardship and (inaudible) they can put it.

= ; Ms. Bisson: Well I assume Torrington wouldn&= #8217;t have approved it except they felt it was the only place they could put some= thing because of the health part.

ZONING BOARD OF APPEALS

REGULAR MEETING

MAY 25, 2004

PAGE 5

= ; &n= bsp; Mr. Stewart: I kind of doubt = that they would have looked at it in those terms. They would have looked at it and s= aid okay, where you have it is fine, they didn’t look at it in terms of saying well if you put it over in this part of the back yard that would be = okay too, they just looked at it in the location it was.

= ; Ms. Bisson: That could be, Sc= ott, I don’t know.

= ; Mr. Roger: Do I have a second= for approval?

= Ms. Bisson: If there’s no second, the Mo= tion dies.

= ; Mr. Stewart: Have any other locations been checked out in the back yard? Are there no locations that this t= hing can go on that property or that homework wasn’t really done?

= ; Mr. Rafey: You can’t ta= lk now because the public hearing is closed. I wished you had asked these questions at the public hearing.

= ; &n= bsp; Mr. Stewart: Well she wasn= 217;t really up thee saying much and .. . . . . .

= Mr. Rafey: But when the Chairman asked if ther= e were any questions, you should have asked that question at that time.

= Mr. Lafferty: Do we know for sure that there̵= 7;s no other suitable location for the shed?

= Mr. Rafey: They started the shed.

= Mr. Lafferty: They started it already.

= Mr. Rafey: Probably 75% to 80% of the shed is completed. When we found out = they were building it we sent them a notice telling them they cannot build it without a permit, and when we went to the property it doesn’t meet the side setback requirement, that's why they came to the Z.B.A. That’s why there is a Z.B.A.= If somebody needs a variance they = come to you.

ZONING BOARD OF APPEALS

REGULAR MEETING

MAY 25, 2004

PAGE 6

= Mr. Lafferty: My question was say they had to sta= rt over again building the shed, would there be any other location on the prop= erty that is suitable for it. I kn= ow we mentioned the leaching fields and the septic. Is there any area at all open?

= Mr. Rafey: I didn’t look and the applica= nt cannot answer that question now because you closed the public hearing.

= ; Mr. Lafferty: That just came = to mind once we started talking about it.

= ; Mr. Rafey: I don’t know= . I didn’t walk the entire pro= perty to see.

= Mr. Stewart: I would like to suggest we take a s= ite walk to see whether there are any other possibilities.

= Mr. Roger: At this point we’re going to = need to know where the septic system is in order to determine that. For the shed to be in compliance h= ow many feet from the side yard does it have to be, 20?

= ; Mr. Rafey: 20.

= Mr. Roger: Well we have a motion to approve an= d no second, so at this point what’s, I’ll entertain any other optio= ns.

= Mr. Rafey: If you want to go for a site walk y= ou can make a motion to . . . . .

= Mr. Stewart: I’ll make a motion to have a = site visit and Table this until after we get it done.

= ; Ms. Bisson: We closed the pub= lic hearing. It would have to be = open.

= Mr. Rafey: If you go to the site visit an= d come back, then the applicant cannot discuss it with you.

= Mr. Roger: We have to make a decision on the appl= ication at this point cause we closed the public hearing.

ZONING BOARD OF APPEALS

REGULAR MEETING

MAY 25, 2004

PAGE 7

&= nbsp; &nbs= p; MOTION: (Mr. Stewart, sec. Mr. Griffith) to Deny Application #804 of Satish Aggarwal requesting for a variance of 13 feet to a side yard property line setback to permit an existing shed to remain on site at 370 Linkfield Road, Watertown,= CT.

&= nbsp; &nbs= p; Discussion: None<= /p>

&= nbsp; &nbs= p; In Favor: &= nbsp; Mr. Griffith, Mr. Lafferty, Mr. Stewart

&= nbsp; &nbs= p; Opposed: = Ms. Bisson, Mr. Roger

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

&= nbsp; &nbs= p; MOTION CARRIED (3-2-0)

ORIGINAL MOTION W= AS NEVER SECONDED

6. = Communications and Bills

A. = Connecticut Federation of Plannin= g and Zoning Agencies Quarterly Newsletter Spring 2005 Volume IX, Issue 2.

MOTION: = (Ms. Bisson, sec. Mr. Griffith) to accept and file Communications and Bills as presented.

Discussion: None<= o:p>

MOTION PASSED UNANIMOU= SLY

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7. = Reports from Committees

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= ; None=

8. = Adjournment

MOTION:<= span style=3D'mso-tab-count:1'> (Ms. Bisson, sec. Mr. Roger) to Adjourn the Regular Meeting at 7:58 p.m.

Discussion: None<= o:p>

MOTION PASSED UNANIMOU= SLY

ZONING BOARD OF APPEALS

REGULAR MEETING

MAY 25, 2004

PAGE 8

&nbs= p; Regular Meeting Adjourned at 7:58 p.m.

Respect= fully submitted,

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Phil Ro= ger, Vice Chairman

Watertown Zoning Board of Appea= ls

&nbs= p; _________________= _________________

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