MINUTES
PUBLIC HEARING
WEDNESDA=
Y, SEPTEMBER
26, 2007 - 7:30 P.M.
APPLICATION #865 – RALPH AND=
DONNA
MASSARI
PRESENT: &nb=
sp; =
&nb=
sp; =
Mr. Enrico Sarandrea,
Chairman
=
&nb=
sp; =
&nb=
sp; Mr.
John Griffith, Vice Chairman=
=
&nb=
sp; =
&nb=
sp; Mr.
Bruno DiSisto, Secretary
=
&nb=
sp; =
&nb=
sp; Mr.
Roger Mitchell
=
&nb=
sp; =
&nb=
sp; Mr.
Phil Roger
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p;
ABSENT: &nbs=
p; &=
nbsp; &nbs=
p; =
None
ALTERNATES PRESENT: =
&nb=
sp; Mr. Gary Swingle
ALTERNAT=
ES
ABSENT: =
OTHERS PRESENT: =
; &n=
bsp; Moosa
Rafey, Assistant Zoning Enforcement Officer
1. =
Call
Meeting To Order
Mr.
Sarandrea, Chairman, Called the Public Hearing to Order at about 9:05 p.m. =
(no
time given).
2. &nb=
sp; Roll
Call
Mr.
DiSisto, Secretary, executed the Roll Call.
3. Hearing of Cases=
&=
nbsp; F. =
Application #865 of Ralph and Donna Mas=
sari
for two variances of the Watertown Zoning Regulations concerning side and r=
ear
yard property lines setback to permit an existing aboveground pool and deck=
to
remain on site at
&=
nbsp; The
Public Hearing must be closed by October 31, 2007, unless applicant grants =
an extension
of time.
Mr. =
Rafey: Exactly the same situation as the last.
PUBLIC H=
EARING
APPLICAT=
ION
#865 –RALPH AND DONNA MASSARI
SEPTEMBE=
R 26,
2007
Page 2
Mr.
Sarandrea: What happened Moosa =
did
you go riding around one day? I’ll have the secretary read the Legal
notice.
Mr.
DiSisto read the Legal Notice as follows:
&=
#8220;Town
of
<= o:p>
The
Zoning Board of Appeals of the Town of
Application
#865 of Ralph and Donna Massari request for a variance of 8 foot to a =
side
yard property line setback and a variance of 8 foot to a rear yard property
line setback to permit the construction of an addition to an existing single
family dwelling and an existing aboveground pool and deck to remain on site
located 22 foot from rear property line and 2 foot from a side yard property
line at 20 Delwood drive, Oakville, CT in an R-12.5 Residential Zoning
District.
Section 24.5.3.b and
24.5.3.c of the Watertown Zoning Regulations requires minimum 30 foot rear =
yard
setback and 10 foot side yard property line setback for principal buildings=
in
an R-12.5 Residential Zoning District.
Bruno
DiSisto, Secretary
Zoning
Board of Appeals”
&=
nbsp;
Ralph Massari,
Mr. =
Massari: We’re going to replace a porch with a bui=
lt in
room and at the site visit when Moosa came up he noted that we have a deck
that’s within 2 feet of the property line on one side and an existing
pool that was there when we purchased our house 22 years ago. It used to be=
30
feet and it’s only 22 feet. We’ve got letters from the adjoining
neighbor. They said it was ok to put the deck when we did it and that was a=
bout
10 years after we moved in and it’s about 2 feet from the property li=
ne.
Like I said the pool was there already, but I have the certified letters an=
d a
letter from my neighbor whom is right on the property line and said it was =
ok
to do that.
Mr.
Sarandrea: ok so who installed =
this
pool?
Mr. =
Massari: I don’t even remember to be honest with y=
ou.
Mr.
Sarandrea: But you owned the pr=
operty
when you put the pool in? Or was the pool already in?
Mr. =
Massari: We bought the house with the pool in...
PUBLIC H=
EARING
APPLICAT=
ION
#864 – GARY AND LINDA DELBUONO
SEPTEMBE=
R 26,
2007
Page 3
Mr.
Sarandrea: There is a deck arou=
nd the
pool?
Mr. =
Massari: Yes, there is a deck around the pool.
Mr.
Sarandrea: That deck is not
conforming?
Mr. =
Massari: Its 2 feet, but I have an approval form the nei=
ghbor
that said it was ok to do it.
Mr.
Sarandrea: Well that’s the
neighbor but it’s good in your favor. So now you want to take and enc=
lose
the deck?
Mr. =
Massari: No what I want to do is I have a porch off the =
back
of the house which is 10 by 20 and I want to take that off and replace it w=
ith
a 14 by 20 room. It has nothing to do with any of the boundaries.
Mr. =
Rafey: The addition actually meets the setbacks becaus=
e they
are all attached to each other and they are one structure. If one part of t=
he
structure doesn’t meet the zoning requirements, the entire structure =
is
non-conforming.
Mr. =
Massari: But the addition has nothing to do with the
boundaries at all. It’s just the pool and the deck.
Mr. =
Roger: There is a 10 foot by 10 foot deck (inaudible)&=
#8230;
Is that conforming?
Mr. =
Rafey: Non-conforming.
Mr. =
Roger: Then there is a 13 by 20 up against the pool and
that’s clearly…
Mr.
Mitchell: So you’re remov=
ing a
10 by 20 room with a 10 by 10 deck that’s attached to it correct?
Mr. =
Massari: no the replacement that we plan to do has nothi=
ng to
do with the decks. The decks are not going to change.
Mr. =
Roger: But the part that you’re removing here it=
looks
like the deck is attached to it. What is the deck attached to?
Mr. =
Massari: The porch.
Mr.
Sarandrea: And that part is
conforming Moosa?
PUBLIC H=
EARING
APPLICAT=
ION
#864 – GARY AND LINDA DELBUONO
SEPTEMBE=
R 26,
2007
Page 4
Mr. =
Rafey: the addition that they are proposing meets the =
setback
requirements, yes. That is conforming but unfortunately they are all attach=
ed
to each other and they are one structure.
Mr.
Mitchell: And when was this 10 =
by 10
deck built?
Mr. =
Massari: That was about 7 years after we bout the house.=
We
bought the house 23 years ago, so 16 years.
Mr.
Sarandrea: You built it or did =
you
have someone build it?
Mr. =
Massari: I had somebody build it.
Mr.
Sarandrea: They didn’t ta=
ke out
a permit.
Mr. = Massari: The pool was there when I purchased the house.<= o:p>
Mr. =
Rafey: If the pool and deck were separated like access=
ory
structures and away from the house I would have been able to issue a zoning
permit for this addition. The addition meets the setback requirements. Now =
they
are all attached to each other.
Mr.
Sarandrea: What kind of conditi=
on is
the pool in?
Mr. =
Massari: Great shape.
Mr.
DiSisto reading letter from neighbor as follows:
“September
18, 2007
To
Whom It May Concern:
I,
Ann Mikaitis, gave Ralph and Donna Massari permission to put a deck off the
back porch of their home knowing that it would be close to my property line=
. I
have not encountered any problems with them and therefore approve their
requested variance.
Sincerely,
Ann
Mikaitis
&=
nbsp; Mr. Sarandrea: Well I think we=
217;re
going to have you do the same thing as the other people had to do. Go get t=
his
stuff inspected and aside from that I just
PUBLIC H=
EARING
APPLICAT=
ION
#864 – GARY AND LINDA DELBUONO
SEPTEMBE=
R 26,
2007
Page 5
want
to make sure that you have a cable around the pool for your filter. Make su=
re
before the building inspector comes out that it’s around it. I
don’t want to open up another can of worms for you. Get that inspecte=
d;
make sure that the decks are ok. You just need a letter stating that the de=
cks
and everything is and we can pass it.
&n=
bsp; Mr.
Massari: A letter from the̷=
0;
&n=
bsp; Mr.
Sarandrea: The building inspect=
or.
&n=
bsp; Mr.
Massari: Just go to the office?=
&n=
bsp; Mr.
Sarandrea: Or just come in and =
tell
us that it was ok.
&n=
bsp; Mr.
Rafey: Just stop by the plannin=
g and
zoning office. I will go with you to the building inspector’s office =
and
explain the situation to them. Hopefully by next meeting we’ll get
something from them.
&n=
bsp; Mr.
Massari: I was hoping to get th=
e addition
done before the winter but this is going to put another month on to the
process.
&n=
bsp; Mr.
Roger: I think you started a li=
ttle
too late.
&=
nbsp; Mr. Sarandrea: We’re gettin=
g too
many of these cases. You had to know that there wasn’t a permit taken=
out
on that deck. It doesn’t matter right now but, I don’t care
usually, homeowner, someone on the street who does know anything about
building, you know there has to be a card put in your window that describes=
the
size of your deck. You have to sign it or the builder signs it and his name=
is
on there and it has to be visible so when the building inspector comes he c=
an
see that you have a permit. In the past there has been one or two and we ha=
ve
let them go. We’ve had sheds and people that have to move sheds becau=
se
it was too close to the property lines. At least you’re lucky and your
neighbors are not complaining. All we’re asking for your own safety to
get the deck inspected and if he’s ok with it and your neighbors seem=
to
be ok with it, we’ll probably be ok with it. I’m sorry that
it’s going to take you another month but we can’t keep letting
these things slide. We don’t want to be sued and want to make sure
everything is right. Ok, thank you. Is there anyone form the public who wis=
hes
to speak for or against this application? Do I have a motion to recess?
&=
nbsp; Mr. Roger: I make a motion we rec=
ess
application #866.
&=
nbsp; Mr. Mitchell: Second.
&=
nbsp; Mr. Sarandrea: No application #86=
5. All
in favor?
&=
nbsp; Everyone: I
PUBLIC H=
EARING
APPLICAT=
ION
#864 – GARY AND LINDA DELBUONO
SEPTEMBE=
R 26,
2007
Page 6
MOTION: (Mr. Roger, sec. Mr. Mitch=
ell) to
recess Application #865 of Ralph and Donna Massari for =
two
variances of the Watertown Zoning Regulations concerning side and rear yard
property lines setback to permit an existing aboveground pool and deck to
remain on site at
Discussion: =
; None.
MOTION PASSED UNANIMOUSLY
&nbs=
p; Public
Hearing Closed at about 9:15 p.m. (no time given).
Respectfully submitted,
Enrico Sarandrea, Chairman
Zoning Board of Appeals
&=
nbsp; __________________________________
&=
nbsp; Jennifer
Guerrera,
Minutes Secretary