beagenda

&nb= sp;

MINUTES<= o:p>

&nb= sp;

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

WEDNESDA= Y, APRIL 27, 2005 - 7:30 P.M.

JOHN TRU= MBULL PRIMARY SCHOOL MEDIA CENTER

APPLICAT= ION #795 – GRIFFIN SCHOOL, LLC

&nb= sp;

PRESENT: = &nb= sp; = Mary Bisson, Acting Chairman

&nbs= p; John Griffith

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Roger Mitchell, Acting Secretary

= ; &n= bsp; = ; &n= bsp; = ; Enrico Sarandrea, Chai= rman

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

ALTERNATES PRESENT: = Chris Lafferty

= ; &n= bsp; Scott Stewart

ALTERNATES ABSENT: &= nbsp; None

OTHERS PRESENT: &n= bsp; = ; Mary Barton, Zoning Enforcement Officer

= ; &n= bsp; = ; &n= bsp; = ; Moosa Rafey, Assistant= Zoning Enforcement Officer

&nb= sp;

1. = Call Meeting To Order

Mr. Sarandrea, Chairman, Called the Public Hearing to Order at 7:30 p.m.

Mr. Sarandrea, Chairman, asked Ms. Bisson to act as Chairman, as he will be recusing himself from this application.

Mr. Sarandrea, Chairman, asked Mr. Mitchell to act as Secretary, as Ms. Bisson = will be acting as Chairman.

2. &nb= sp; Roll Call

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

Ms. Bisson, Acting Cha= irman, asked Mr. Lafferty to sit in for Mr. Roger, in his absence.

Ms. Bisson, Acting Cha= irman, asked Mr. Stewart to sit in for Mr. Sarandrea, who is recusing himself.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, = LLC

APRIL 27= , 2005

Page 2

&nb= sp;

Mr. Sarandrea, Chairman, read aloud the Ground Rules for the record as follows:=

“Rules For Condu= ct of Public Hearing

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 Watertown. All comments, discussions, and observations shall be made through the Chair after proper recognition by the Chairman. This is necessary to ensure that o= nly one person at a time speaks on any issue, thus making it easier for everyon= e to understand for clear, legal transcription.

All persons addressing= the Board shall begin by first clearly stating their name and address for the record. If necessary, the per= son may be asked to spell his name for the record. Following the presentation of the application the Zoning Board of Appeals will ask specific questions of the applicant. After the Board has asked its questions of the applicant, the Chairman shall then allow any mem= bers of the public who wish to speak either for or against this application, to address the Board. The Chairm= an shall then allow the applicant to respond to the comments of the members of= the general public. The Chairman = shall then allow members of the general public who wish to discuss any additional information or clarifying discussions, to do so. The Chairman shall then provide an opportunity for the applicant to respond to these additional remarks if he = or his representative(s) so wish.

The Zoning Board of Appeals has 35 days from the date the Public Hearing commen= ces to complete the Public Hearing. The Board may ask the applicant for a 35 day extension of the Public Hearing pe= riod if the Board requires any additional information or wishes to schedule a si= te walk to observe the situation for themselves. The Zoning Board of Appeals has 65= days from the date 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. You may stay for the Regular Meeti= ng if you wish or you may leave at the end of the Public Hearing and contact the Zoning Officer the following morning to determine the status of your application.”

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, LLC

APRIL 27= , 2005

Page 3

&nb= sp;

MR. SARANDREA RECUSED HIMSELF FROM THIS APPLICATION<= /p>

&nb= sp;

3. Hearing of Cases=

&= nbsp; A. Continuation of Public Hearing from April 13, 2005 - Application #795 of Griffin School,= LLC request for 4 variances from the Zoning Regulations of the Town of Watertow= n to permit the construction of access driveways and parking spaces on the former Griffin School property located at 26 Davis Street, Oakville, CT.

&nb= sp;

&= nbsp; Recess or Adjourn, the Public Hearing must be Closed by May 18, 2005 unless applic= ant grants a time extension.

&= nbsp; Joseph Yamin, Attorney Representing Griffin School, LLC<= /p>

= ; Atty. Yamin: As you know at the last meeting I think we discussed these variances at length, and then we did aga= in during the site tour, or field walk earlier this evening. I think the variances are required= as a result of the layout of the property, the need for the appropriate fire acc= ess, combined with the fact that the structure itself is not to be razed or otherwise altered as part of the Town’s requirement for the purchase = of the property. I’m here = to answer any additional questions you may have. I think the variances are importan= t to the project and will allow the project to move forward to the betterment of= the community as a whole.

= ; Ms. Barton: Just so the Board know= s, there was a memo, there were some questions that came up at the last meeting and I think I answered them within the memo. The one I couldn’t find out = was any information about an additional special tree at Griffin. I’m still pursuing it. It’s hard to find a teacher = that was there that can remember, so right now the only tree I’m aware of = is the Centennial Tree that’s shown on the site plan that has been requi= red by the Town for the developer to remain on site.

= ; Atty. Yamin: With respect to that t= ree, I reiterate that that’s in fact part of a construction detail that̵= 7;s contained on the plans that shows the exact manner in which that tree will = be protected while construction operates around it, and I’ll also state = that under the contract that if that tree is damaged, there is a money penalty t= hat would be assessed against the developer for harming that tree, so it’s protected both by construction means and I think a monetary penalty in the event that the tree is ultimately injured.= Any other questions, concerns, comments?

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, = LLC

APRIL 27= , 2005

Page 4

&nb= sp;

= ; Mr. Rafey: At the last meeting so= me members of the public requested that a copy of the Minutes of the Town Coun= cil Meeting of January 18, 2005 be submitted to you for your review and become a part of the record for this application.&n= bsp; I’ll give you a copy of those minutes. If you want, take a few minutes to= read them and see if you have any questions or comments.

= ; Atty. Yamin: Can I get a copy?

= ; Mr. Rafey: Sure.

= ; Ms. Bisson: Any questions?

= ; Mr. Mitchell: Not on the variance bu= t that agreement with the Town required keeping it education (inaudible).

= ; Ms. Barton: There was an opinion b= y the Town Attorney that said the leasing of other parking spaces was not an issu= e in relation to that clause in that deed for that property. So I don’t have it with me, = but Atty. Pilicy had done an opinion back a few years ago, and then Atty. McHugh revisited that again and the assurance was that it wasn’t an impact.<= span style=3D'mso-spacerun:yes'> Right now that’s not in fron= t of you, you just have the variances for the property and the school itself is = on.

= ; Mr. Mitchell: The Town owns that fre= e and clear?

= ; Ms. Barton: The Town owns 26 Davis Street free and clear where the existing former Griffin School is located, = yes.

= ; Ms. Bisson: Is there anyone in the Public who wishes to speak For or Against this Application?

= ; Atty. Yamin: I thought I might add a little more, if you don’t mind, to make clear what we’ve been discussing and be sure we conform with the regulations require for the variance. 71.7.1 states that = in order to have a variance, you essentially have go show why a variance is required because of the peculiarity of the situation, the lack of building = in conjunction with the neighborhood. In this instance, as you know, the building is in a residential zone, which new Zoning Regulations have been put in place to allow for age restricted, 55 and older housing. Those Regulations require 1.1 parki= ng spaces per apartment which would require in this instance 42 parking spaces because there would only be 38 apartments.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, = LLC

APRIL 27= , 2005

Page 5

&nb= sp;

&= nbsp; The peculiarity of the lot is that because of the lot size, and the fact that t= he building comprises such a large portion of that lot and that the Town has determined that it’s in the public’s best interest to maintain = the façade of the structure of that building and in no way alter it, requires a varian= ce to be granted in order for the parking in conjunction with the fire apparat= us to navigate around the building. I believe that that covers 71.7.2 as well.&n= bsp; I believe that 71.7.3 is covered because it’s in harmony with = the Regulations cause the Regulations have created the ability for a 55 or older project to be in such a neighborhood, and take advantage of a structure like this that would not otherwise be used to be turned into residential purposes. To encourage that s= ort of conversion of a building, a building that was formerly a public use or industrial use to be used for residential purposes. And the whole point is that this i= s not a variance because of financial/economic hardship, it’s a variance that’s being given because of existing conditions at the site, a buil= ding with the small lot. I would j= ust add that if the variances are granted and the parking lot is constructed, it will actually add more green space landscaping to the project. As you know there is really none t= here on the site as it presently exists, so for those reasons I think our varian= ce is appropriate and in line with the Watertown Regulations.

= ; Ms. Bisson: Is there anyone from t= he Public who wishes to speak For or Against this Application?

= ; Robert LeBlanc, 78 Highland Avenue, Watertown, CT= 06795

= ; Mr. LeBlanc: I’m against gran= ting all of these variances. I thi= nk this is a (inaudible). Usually people come to this Board taking into consideration the Zoning Board and th= ey ask for a 2 foot variance, or a 6 foot variance, but all of the sudden we’re asking for 4 variances. I’m against one particular variance, the front line for parkin= g, yet they’re going to keep about 1,000 square feet of parking on one corner where the playscape used to be.&nbs= p; And I believe that’s going to be used to give to the people who own the bank.

&= nbsp; Secondly you keep saying that you’re giving variances to Griffin School, LLC, = yet the Secretary of State has no record of Griffin School LLC, and I’m puzzled by this. (Inaudible) doesn’t exist where the State is concerned, and I find that the checks that are being put in for application for variances are not from Griffin School, LLC, they’re from another LLC, so I’m very confused as = to just who is doing this work and who is Griffin School, LLC.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, = LLC

APRIL 27= , 2005

Page 6

&nb= sp;

&= nbsp; That’s not it. I’m against giv= ing all these variances. I think it’s a little bit much for the Town of Watertown. I think we have a Zoning Board and= we have a reason for keeping these variances or not giving these variances. I thank you for listening to me.

= ; Ms. Bisson: Anyone else from the p= ublic?

= ; Atty. Yamin: I would just respond i= n two ways to those comments. The f= irst comment on the variances, it’s really not appropriate in that the par= king lot that presently exists there already goes up to essentially the entire l= ot line of the project. Because = of the change in use we require new variances, which will ultimately lead to more green space, more grass, and more trees on that site. It’s a positive to the Town.= I would also add that the only abu= tting neighbor to that building that came to the Hearing, I don’t believe t= here is anyone here tonight, but was at the last Hearing, was in favor of the project to improve the present conditions at that site. I think certain windows are boarde= d up, the parking lot is in disarray, the fence is falling down, the playscape has been removed, all this can do is provide a benefit to the Town aesthetically providing housing to 55 and older people.

&= nbsp; The third part with the LLC, I think this issue was raised at a Town Council meeting. The filing of the Ar= ticles of Organization for the LLC was done in July, 2004. Corporate Resolution was produced = to Atty. McHugh in August of 2004 identifying myself, John Lombard as the two members of the LLC. When I he= ard at the Town Council meeting that the Secretary of State didn’t have a re= cord of the LLC, I refiled the paperwork again with = the new articles, and a copy of the articles that were filed in 2004. The applications for the project a= re paid out of a trustee account that’s set up at my law firm so that va= rious LLC’s that I own are tracked and there’s a computerized account= ing of what money is spent on what LLC. That’s the best way that I found that I can organize and track= the money, cause there’s more than one project going on at a time, and mo= re than one LLC, so those are the responses.

&= nbsp; I think this project is going to be a great benefit to the Town and it’s going to add to the Grand List, I think it’s going to improve a build= ing that’s gone into disrepair because of no use, and it’s certainly going to improve the conditions of the existing parking lot, and I don̵= 7;t believe it’s going to be, what we are seeking is going to be any different than any applicant is going to have to seek who tries to park a c= ar on that lot, the whole parking lot is going to require that variance. Thank you.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, = LLC

APRIL 27= , 2005

Page 7

&nb= sp;

= ; Ms. Bisson: Any other questions fr= om Board members? Am I right, Ma= ry, in thinking that I was of the same thought that anything that goes in there in order to get fire trucks around are going to have to get variances to make = . . . . cause the variances were in place when it was a school because the scho= ol was already there, but the variances have to be done now because zones have changed.

= ; Ms. Barton: That’s correct.<= o:p>

= ; Ms. Bisson: Any change of use no m= atter what went in there practically would need the same variances to put fire equipment around the back of the building?

= ; Ms. Barton: Correct.

= ; Mr. Mitchell: How many parking space= s will fit in that corner?

= ; Ms. Barton: Right now it’s proposed as 9 spaces. That= 217;s shown on the site plan with approximately 1,800 square feet being conveyed = to the other adjacent parcel, so right now they have 42 parking spaces shown on site which is what they need. The special permit for Planning and Zoning required 47 which is when they showe= d, the Special Permit #209 required 38 on site and the 9 spaces across the str= eet. Right now what the applicant has d= one is seek the variances that he needs to comply with Special Permit #209 in orde= r to get the parking on site, but he’s added additional spaces, he’s showing 42 on site, so if this variance is granted tonight he still canR= 17;t go to Planning and Zoning, he’ll have to go back because there is ano= ther variance that is not on here that was submitted after for the parking on Da= vis Street. That will be May 5th, that special meeting. If all = the variances are granted that were requested by the applicant for tonight and = the additional one for the May 5^th meeting, the applicant will have = to go back to the Planning and Zoning and review the special permit that was already approved and then he would also have to submit a site plan for approval.

= ; Mr. Mitchell: I’m talking abou= t the corner.

= ; Ms. Barton: They have 9 spaces there. There is a possibility= that additional spaces could potentially be added on site. I believe there was a review by th= e Town Engineer that they could possibly get 47 spaces on site, but that’s n= ot that the applicant is showing right now.&n= bsp; He’s showing 42 spaces and requesting a variance, but he’= ;s requesting the variance for the street line setback so he could potentially= put additional spaces on if he has to, because this is the plan he’s show= ing but he’s asking for a variance for parking, not specifically for 9 spaces, but for parking within 25 feet of the street line, so he could revi= se the site plan when he goes to Planning and Zoning and show additional space= s if the permit is so modified on site.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #795 – GRIFFIN SCHOOL, = LLC

APRIL 27= , 2005

Page 8

&nb= sp;

= ; Ms. Bisson: What is your pleasure = on this Application?

&= nbsp; MOTION: (Mr. Griffith, sec. Mr. Mitchell) to Close the Public Hearing for App. #795 of Griffin School, LLC request for 4 variances from the Zoning Regulations of = the Town of Watertown to permit the construction of access driveways and parking spaces on the former Griffin School property located at 26 Davis Street, Oakville, CT.

Public Hearing Closed at 7:58 p.m.

Respect= fully submitted,

&n= bsp;

Mary Bi= sson, Acting Chairman

Zoning = Board of Appeals

&nbs= p; _________________= _________________

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