beagenda

MINUTES

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WATERTOWN ZON= ING BOARD OF APPEALS

PUBLIC HEARING

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WEDNESDA= Y, NOVEMBER 28, 2007 - 7:30 P.M.

WATERTOWN HIGHSCHOOL TECHNOLOGY CENTER

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APPLICATION #875 – MARYANN S= MITH & KEVIN MCSHERRY

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PRESENT: &nb= sp;            =             &nb= sp;            = Mr. Enrico Sarandrea, Chairman

            =             &nb= sp;            =             &nb= sp;          Mr. Bruno DiSisto, Secretary

            =             &nb= sp;            =             &nb= sp;          Mr. Roger Mitchell

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ABSENT:    &nbs= p;            &= nbsp;           &nbs= p;             = Mr. Phil Roger

            =             &nb= sp;            =             &nb= sp;          Mr. John Griffith, Vice Chairman

ALTERNATES PRESENT:            =             &nb= sp;       Mr. Gary Swingle – Sitting in for Phil Rog= er

ALTERNAT= ES ABSENT:      =           Ms. Cynthia Tun

OTHERS PRESENT:      = ;            &n= bsp;     Moosa Rafey, Assistant Zoning Enforcement Offi= cer

1.         = Call Meeting to Order

            Mr. Sarandrea, Chairman, Called the Public Hearing to Order at about 7:35 p.m.<= o:p>

2.     &nb= sp;   Roll Call

            Mr. DiSisto, Secretary, executed the Roll Call.

            Mr. Sarandrea read the ground rules as follows:

            =             &nb= sp;           R= 20;ZONING BOARD OF APPEALS GROUND RULES”

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1.      The applicant or his representative will make his formal presentation to the board stating his specific hardship and precisely why this merits a variance from the Zoning Regulations of the Town of Wat= ertown.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2.      All comments, discussi= ons, and observations shall be made through the Chair after proper recognition by the Chairman. This is necessary to ensure that only one person at a time sp= eaks on any issue, thus making it easier for everyone to understand, and for cle= arer legal transcription.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #875 – MARYANN SMITH & KEVIN MCSHERRY

NOVEMBER= 28, 2007

Page 2

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3.      All persons addressing= the Commission shall begin by first clearly stating their name and address for = the record. If necessary, the person may be asked to spell his or her name for = the record.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>4.      Following the presenta= tion of the application, the Zoning Board of Appeals will ask specific questions= of the applicant.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>5.      After the Board has as= ked its questions of the applicant, I shall then allow members of the public who wishes to speak either in favor of this application or against it to address the Board.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>6.      I shall then allow the applicant to respond to the comments of the members of the general public.<= o:p>

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>7.      I shall then allow any= members of the general public who wish to present any additional information or clarifying discussion to do so.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>8.      I shall then provide an opportunity for the applicant to respond to these additional remarks is he = or his representative so wishes.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>9.      The Zoning Board of Ap= peals has thirty-five (35) days from the date the Public Hearing commences to complete the Public Hearing. The Board may ask the applicant for a thirty-f= ive (35) day extension of the Public Hearing period if the Commission requires = any additional information or wishes to schedule a site walk to observe the situation for themselves.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>10. The Zoning Board of Ap= peals has sixty-five (65) days from the date when the Public Hearing is closed to render its decision. The Board may or may not make its decision tonight at = its Regular Meeting following the Public Hearing.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>11. You may stay for the R= egular Meeting if you wish or you may leave at the end of the Public Hearing and contact the Zoning Office the following morning to determine the status of = your application.



3.         Hearing of Cases=

        &= nbsp;   A.        Application #875 of Maryann Smith and Kevin McSherry of 447 Litchfield Road, Watert= own, CT for a variance from Ar= ticle II, Section 22.4.1 of the Zoning Regulations for a 12 Ft. height variance o= n an accessory structure (barn) located at 447 Litchfield Road, Watertown,= CT.

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        &= nbsp;   Recess or adjourn public hearing must be closed by January 2, 2008 unless applicant grants a time extension.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #875 – MARYANN SMITH & KEVIN MCSHERRY

NOVEMBER= 28, 2007

Page 3

Mr. DiSisto read the Legal Notice as follows:

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&= #8220;Town of Watertown Legal Notice

The Zoning Board of Appeals of the Town of Watertown will hold a public hearing at 7:30PM on Wednesday, November 28, 2007 at the Watertown High

School= Technology Center 324 French Street= , Watertown, CT to hear and act upon the following application:

Appeal #875 of Maryann Smith and Kevin McSherry of 447 Litchfield Road, Watert= own, CT for a variance from Ar= ticle II, Section 22.4.1 of the Zoning Regulations for a 12 Ft height variance on= an accessory structure (barn) located at 447 Litchfield Road, Watertown CT.

At this hearing interested persons will be heard and written communications wi= ll be received. A copy of the application is on file in the Planning and Zoning Office, 51 Depot Street, S= uite 502, Watertown CT.

Dated in Watertown, CT this 17^th and 22^nd day of November 2007.

Rick Sarandrea

Zoning Board of Appeals”=



Discussion:       Mr. Sarandrea: State your name and address for the record.

Kevin McSherry, 447 Litchfield Road

Mr. McSherry: The structure involved is an old poultry barn. = It was built in 1953 and is comprised of about 7,600 Sq. Ft. There are two stories= and an attic. We came up with a design with the help of our carpenter and in discussion with the zoning office we have a height issue that came into pla= y. The barn as it is non-conforming in size. We’re going to be shrinking= it in size from the 7,600 Sq. Ft to 3,840 Sq. Ft condensing it down to a single floor and then a second story and the thing that brings us above the height restriction is what we’ll use for ventilation. It’s a block barn and in very bad shape. We will move it back from the wetlands area. It̵= 7;ll also be better for the neighbor to look at. I’m going to show the a couple pictures and you can see that’s part of the structure here. You can see the condition of the barn that it’s beat up. The wood is all rotted. At one point there were 2 barns on the property, one was torn down.=

Mr. Sarandrea: What are you going to use this barn for?

Mr. McSherry: We will have a couple uses. The first use is the carpenter will have a workshop in there. The second thing is that we run an animal rescue called (inaudible) Pet Project. We’ve always had a prob= lem with showing animals to people in the compound. We will have a show area in there. The animals will not be kept in the barn, that’s not the =

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #875 – MARYANN SMITH & KEVIN MCSHERRY

NOVEMBER= 28, 2007

Page 4

purpose. Currently we keep them in an old house in Naugatuck. The get adopted there. About 100 to 150 animals get adopted a year. It is a non-profit organization run by donations from people that adopt the pets. We reinvest anywhere from $25,000 to $30,000 in vet work and animal shelter for the year. So that’s pretty much where we are at with everything.

Mr. Sarandrea: How high are you?

Mr. McSherry: It will be 12 Ft too high. It’ll run 32 F= t. with the cupola.

Mr. Rafey: For accessory structure the maximum height is 2= 0 Ft.

Mr. Sarandrea: Cupola’s and widows walks are not used for human occupancy. What you are doing is legal to do.

Mr. Rafey: Only that part of the building is 12 Ft. higher= ?

Mr. McSherry: It makes it higher.

Mr. Rafey: No but the other part of the structure.

Mr. McSherry: The roof is between 21 and 23-24 feet on the ri= dge.

Mr. Sarandrea: You can also change the pitch of the roof.

Mr. Mitchell: Is 22 feet the number you are using?=

Mr. McSherry: Between 21 and 24 feet.

Mr. Mitchell: Ok so you know you have to have 4 foot of pitch= .

Mr. Rafey: If the maximum height of the ridge is 24 feet, = half would be 22 feet. But it’s still over 20 feet. Just for your informat= ion I didn’t review this application it was reviewed by Ruth Mulcahy.

Mr. Sarandrea: Is there anything else anyone has to add?<= /o:p>

Mr. Rafey: Mr. Chairman I have 2 questions. Number 1, the = uses that you are proposing, did Ruth tell you that you need an approval from the Planning and Zoning Commission?

Mr. McSherry: No she did not indicate that.=

Mr. Sarandrea: How many acres do you have?

Mr. McSherry: Six acres.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #875 – MARYANN SMITH & KEVIN MCSHERRY

NOVEMBER= 28, 2007

Page 5

Mr. Rafey: For the pets that you rescue, that’s not a farming activity.

Mr. McSherry: The only other place we had to apply to was Inl= and wetlands because the wetland goes to the 50 foot setback. We’re not in the wetlands but we’re right on it.

Mr. Sarandrea: Does anyone from the public wish to speak for or against this application? Anyone else have any questions? Do I have a motio= n?

Mr. Swingle: I move to close.

Mr. Mitchell: Second.

Mr. Sarandrea: All in favor?

Everyone: I.

NO F= URTHER DISCUSSION

MOTION:    (Mr. Swingle, sec. Mr. Mitchell) to close application #875 of Maryann Smith and Kevin McSh= erry of 447 Litchfield Road, Watertown, CT for a variance from Article II, Section 22.4.1 of the Zoning Regulations fo= r a 12 Ft. height variance on an accessory structure (barn) located at 447 Litchfield Road, Watertown, CT.

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MOTION PASSED UNANIMOUSLY=

  &nbs= p;      Public Hearing Closed at about 7:52 p.m. (no time given).

Respectfully submitted,

Enrico Sarandrea, Chairman

Zoning Board of Appeals

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        &= nbsp;   Jennifer Guerrera, Minutes Secretary