beagenda

MINUTES

WATERTOWN ZONING BOARD OF APPEALS<= o:p>

REGULAR MEETING<= /b>

WEDNESDAY, JULY 26, 2006 - 7:30 P.= M.

WATERTOWN HIGH SCHOOL TECHNOLOGY C= ENTER

PRESENT:    &nb= sp;            =             &nb= sp;           John Griffith

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

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

ABSENT:      &nbs= p;            &= nbsp;           &nbs= p;           Mary Bisson, Secretary

            =             &nb= sp;            =             &nb= sp;          Roger Mitchell

ALTERNATES PRESENT:      = ;        Gary Swingle

ALTERNATES ABSENT:      = ;          Chris Lafferty

OTHERS PRESENT<= /b>:      = ;            &n= bsp;     Moosa Rafey, Assistant Zoning Enforcement Officer

1.         = Call Meeting To Order

            Mr. Sarandrea, Chairman, Called the Meeting to Order at 7:55 p.m.

2.     &nb= sp;   Roll Call

            Mr. Roger, Acting Secretary, executed the Roll Call.

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

ZONING BOARD OF APPEALS

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PAGE 2

3.         = Minutes

&nb= sp;

A.      =            Public Hearing, April 26, 2006, App. 820, David Tartaglia

B.      =            Public Hearing, April 26, 2006, App. #821, Todd and Nichalene Genov= ese

C.      =            Public Hearing, April 26, 2006, App. #822, James Tiganella

D.      =            Public Hearing, April 26, 2006, App. #823, Gary and Amy Swingle

E.      =             Regular Meeting, April 26, 2006

F.      =             Continuation of Public Hearing, May 24, 2006, App. #821, Todd and Nichalene Genovese

G.      =            Continuation of Public Hearing, May 24, 2006, App. #822, James Tiganella

H.      =            Continuation of Public Hearing, May 24, 2006, App. #823, Gary and A= my Swingle

I.      =             &nb= sp; Public Hearing, May 24, 206, App. #824, Michael Markiewicz

J.      =              Public Hearing, May 24, 2006, App. #826, James and Louise Hughes

K.      =           Public Hearing, May 24, 2006, App. #827, Anthony Difrederico

L.      =             Public Hearing, May 24, 2006, App. #828, Robert Dickson<= /span>

M.      =          Regular Meeting, May 24, 2006

N.      =           Continuation of Public Hearing, June 28, 2006, App. #823, Gary Swin= gle

O.      =           Public Hearing, June 28, 2006, App. #825, Gary and April Benoit

P.      =             Public Hearing, June 28, 2006, App. #829, John Cipriano<= /span>

Q.      =           Public Hearing, June 28, 2006, App. #830m Susan Hansen-Beardsley

R.      =            Public Hearing, June 28, 2006, App. #831, Thomas Ismail<= /span>

S.      =             Regular Meeting, June 28, 2006

        &= nbsp;           &nbs= p;   MOTION:       (Mr. = Roger, sec. Mr. Griffith) to Accept 3A through 3S as presented.<= /p>

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

&nb= sp;

MOTION PASSED UNANIMOUSLY

4.         = Old Business

A.        Application #825 of Gary and April Benoit for appeal of decision of the Watertown Zoning Enforcement Officer concerning a letter issued by the Zoning Enforcement Of= fice concerning 1400 Main Street, Watertown, CT in a B-G General Business.<= /o:p>

If the = Public Hearing is Closed on July 26, 2006, then a decision is required by September 29, 2006.

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PAGE 3

        &= nbsp;   MOTION:       (Mr. = Roger, sec. Mr. Griffith) to Table Application #825 of Gary and April Benoit for appeal of decision of the Watertown Zoning Enforcement Officer concerning a letter issued by the Zoning Enforcement Office concerning 1400 Main Street, Watertown, CT in a B-G General Business.

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

        &= nbsp;   MOTION PASSED UNANIMOUSLY

B.         = Application #830 of Susan Hansen-Beardsley, request for a variance of 8 feet to a side = yard property line setback to permit the construction of an addition to a single-family dwelling at 28 Sunnyside Avenue, Oakville, CT.

If the = Public Hearing is Closed on July 26, 2006, then a decision is required by September 29, 2006.

&n= bsp;

        &= nbsp;   MOTION:       (Mr. = Roger, sec. Mr. Griffith) to Accept the Letter of Withdrawal for Application #830 = of Susan Hansen-Beardsley, request for a variance of 8 feet to a side yard property line setback to permit the construction of an addition to a single= -family dwelling at 28 Sunnyside Avenue, Oakville, CT.

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

        &= nbsp;   MOTION PASSED UNANIMOUSLY

C.        Application #832 of Nijat Dzafer for appeal of decision of the Watertown Zoning Enforce= ment Officer concerning a Cease and Desist Order issued concerning property at 3= 95 Davis Street, Oakville, CT.

If the = Public Hearing is Closed on July 26, 2006, then a decision is required by September 29, 2006.

&n= bsp;

        &= nbsp;   MOTION:       (Mr. = Roger, sec. Mr. Mitchell) to Table Application #832 of Nijat Dzafer for appeal of decision of the Watertown Zoning Enforcement Officer concerning a Cease and Desist Order issued concerning property at 395 Davis Street, Oakville, CT.<= o:p>

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

        &= nbsp;   MOTION PASSED UNANIMOUSLY

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PAGE 4

5.         = New Business

&nb= sp;

A.        Application #833 of Gary and Amy Swingle request for a variance of Section 7.4 of the Watertown Zoning Regulations concerning access to a commercial property loc= ated at 2579 Litchfield Road, Watertown, CT.

If the = Public Hearing is Closed on July 26, 2006, then a decision is required by September 29, 2006.

&n= bsp;

        &= nbsp;   MOTION:       (Mr. = Roger, sec. Mr. Mitchell) to Table Application #833 of Gary and Amy Swingle request for a variance of Section 7.4 of the Watertown Zoning Regulations concerning access to a commercial property located at 2579 Litchfield Road, Watertown,= CT due to not having a quorum.

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

        &= nbsp;   MOTION PASSED UNANIMOUSLY

B.      =            Discussion on Planning and Zoning Department Job Descriptions<= /o:p>

Mr. Sarandrea:<= /b> That was the first time I have to = say, it’s starting to go pretty good now.= I mean we’ve never got notices like that before that they want= to talk to us.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> The Chairman of the Planning and Z= oning Commission, Mr. Minnich, really tried to get input from both commissions, n= ot only the Planning and Zoning Commission, but the Zoning Board of Appeals and the Wetlands Commission too.

Mr. Sarandrea:<= /b> I think we should. That’s a good move in the ri= ght direction; I was happy when I got that.

Mr. Roger:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> Yea, I was a little surprised myse= lf.

Mr. Sarandrea:<= /b> I’m going to attend that, ma= ke sure we’re there. It= 217;s September 27^th, but isn’t there something first?

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Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> I will notify you. They made some changes to these two positions. Before we had a To= wn Planner and Zoning Enforcement Officer and Wetland Enforcement Officer and = my position was the Assistant Town Planner, Zoning Enforcement Officer and Assistant Wetland Enforcement Officer.&nbs= p; There was always conflict in the office about who was responsible for what, and if something was not done it was like I was looking to Mary, and = Mary was looking to me, and I suggested to separate some of the responsibilities= to know who is accountable if something is not done in the department and that’s why they suggested to take part of the Wetland Enforcement and Zoning Board of Appeals totally from the Zoning Enforcement Officer.

Mr. Sarandrea: Good move.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> Because I think my reason was that= if the Zoning Enforcement Officer denies an application for a zoning permit, t= hen if that person comes to this Board, and tells you what to do and write a me= mo and review the application, there is a conflict there. I think the person who will receiv= e the application for your Board should be totally independent and the Zoning Enforcement Officer shouldn’t have any jurisdiction or any control or power. And it’s going t= o work better I think, and the Planning and Zoning Commission and Wetlands Commiss= ion agreed and this new position will be a Wetland Enforcement Officer and Liai= son Officer for the Zoning Board of Appeals, and at the same time Assistant Zon= ing Enforcement Officer, and that new person will be the Town Planner and Zoning Enforcement Officer. But at t= he same time, if I’m on vacation and if somebody wants to submit an application to the Zoning Board of Appeals or the Wetlands Commission, the Zoning Enforcement Officer should be able to take that application and put = it on my desk for when I come back. Or if there are situations if something happens, that person should be able to come to this meeting and at least help you a little bit.<= /p>

Mr. Sarandrea: And now will you be able to also, the other way around?

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> Yes, if that person is not availab= le then I will go to the Planning and Zoning Commission and help them. I think everyone agreed and if you= have any other suggestions, you can make recommendations.

Mr. Sarandrea:<= /b> I’ve been saying it for almo= st 20 years, we should be involved in the Comprehensive Plan, we should be involv= ed in anything that has to do with land use, because we may be able to say something, wait a minute, don’t approve this, because they’re g= oing to come to us, or don’t change this regulation because they’re going to be coming to us. Sam= e thing with wetlands.

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Mr. Roger: = I’d like to be involved in so= me of the regulations changes, there’s a couple things I’d like to see changed or reworded.

Mr. Sarandrea:<= /b> Yea, and it would make everybody&#= 8217;s job a lot easier. We can work together instead of us suing one another.

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> Do you agree with these job descriptions?

Mr. Sarandrea: = Yes.

Mr. Rafey: = Do you have any comments?

MOTION:<= span style=3D'mso-tab-count:1'>       (Mr. = Roger, sec. Mr. Griffith) to accept and recommend these Job Descriptions to the To= wn Council.

&nb= sp;

Discussi= on:       None<= o:p>

&nb= sp;

MOTION P= ASSED UNANIMOUSLY

6.         = Communications and Bills

A.      =            None

7.         = Reports from Committees

            None=

8.         = Adjournment

MOTION:<= span style=3D'mso-tab-count:1'>       (Mr. Griffith, sec. Mr. Roger) to Adjourn the Regular Meeting at 8:01 p.m.<= /o:p>

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

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JULY 26, 2006

PAGE 7

  &nbs= p;         Regular Meeting Adjourned at 8:01 p.m.

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

Enrico Sarandrea, Chairman

Waterto= wn Zoning Board of Appeals

  &nbs= p;         _________________= _________________

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