beagenda

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MINUTES<= o:p>

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WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

WEDNESDA= Y, MAY 25, 2005 - 7:30 P.M.

JOHN TRUMBULL PRIMARY SCHOOL MEDIA CENTER

APPLICAT= ION #804 – SATISH AGGARWAL

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

&nbs= p; &= nbsp; &nbs= p; &= nbsp; John Griffith

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Phil Roger, Vice Chairman

ABSENT: &nb= sp; = &nb= sp; Roger Mitchell

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

ALTERNATES PRESENT: = Chris Lafferty (arrived at 7:41 p.m.)

= ; &n= bsp; Scott Stewart

ALTERNATES ABSENT: &= nbsp; None

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

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1. = Call Meeting To Order

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

2. &nb= sp; Roll Call

Ms. Bisson, Secretary, executed the Roll Call.

Mr. Roger, Vice Chairm= an, asked Mr. Stewart to sit in for Mr. Sarandrea, in his absence.

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

“Rules For Conduct 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 only one person at a time speaks on any issue, thus making it easier for everyone to understand for clear, legal transcription.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #804 – SATISH AGGARWAL

MAY 25, = 2005

Page 2

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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.”

3. Hearing of Cases=

&= nbsp; A. Application #804 of Satish Aggarwal requests 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.

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&= nbsp; Recess or Adjourn Public Hearing must be Closed by June= 29, 2005 unless applicant grants a time extension.

Ms. Bisson, Secretary,= read aloud the Legal Notice for the Record:

“Legal Notice

The Zoning Board of Ap= peals of the Town of Watertown will hold a Public Hearing at 7:30 p.m. on Wednesday, May 25, 2005 at the J= ohn Trumbull Primary School Media Center, 770 Buckingham Street, Oakville= , CT to hear and act upon the following applications:

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #804 – SATISH AGGARWAL

MAY 25, = 2005

Page 3

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Ap= plication #804 of Satish Aggarwal of 370 Linkfield Road, Watertown, CT request for a variance of 13 feet to a side yard property line setback to permit a 192 sq= uare foot existing shed located 7 feet from a side yard property line to remain = on site at 370 Linkfield Road= , Watertown, CT in an R-70 residential zone.

Section 22.5.4c of the= Watertown Zoning Regulations requires a 20 foot side yard property line setback for an accessory structure in an R-70 Residential Zone.

At this Hearing intere= sted persons and written communications will be heard. A copy of the application is on fi= le in the Planning and Zoning Office, 51 Depot Street, Suite 502, Watertown, Connecticut for public re= view Monday through Friday from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:= 00 p.m. or by appointment.

Da= ted at Watertown, Connecticut, this 12^th day of May, 2005.

Da= ted at Watertown, Connecticut, this 19^th day of May, 2005.

Mary Bisson, Secretary=

Zoning Board of Appeals”

3. Hearing of Cases=

&= nbsp; A. Application #804 of Satish Aggarwal request 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.

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&= nbsp; Recess or Adjourn, the Public Hearing must be Closed by= June 29, 2005 unless applicant grants a time extension.

&= nbsp; Keruna Aggarwal, 370 Linkfield Ro= ad, Watertown, CT 06795=

= ; Ms. Aggarwal: I’m here tonight= to get permission for a permit for an existing shed for 8 foot and 24 feet lon= g, I think.

= ; Mr. Roger: The shed you already s= tarted building?

= ; Ms. Aggarwal: Yes, it’s not fi= nished but we did start it.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #804 – SATISH AGGARWAL

MAY 25, = 2005

Page 4

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= ; Mr. Rafey: They started to build = the shed without knowing that they needed a zoning permit and a building permit. And when I noticed th= ey were building a shed, we contacted them to stop building it and I actually = asked them to move it from where it was located.= The shed is 8 x 24 and it is located 7 fe= et from the side property line. = There are a few pictures in your packet. They have a detached garage and then on the side of the property the= re is all the trees between their property and the next d= oor neighbors. The shed is kind of between the attached garage and the trees on the property line. It’s not visible from the ot= her side of the hedges, but you can see it from the road. When the previous owner built the = garage they got a zoning and building permit, but the shed was started without a p= ermit. As soon as I contacted them and to= ld them they needed a permit, they stopped and they were told to come here for= a variance. There is a letter i= n your packet from the neighbor who lives next to the shed.

Mr. Roger, Chairman, announced that Mr. Lafferty just arrived at the meeting.

Mr. Roger, Chairman, asked Mr. Lafferty to sit in for Mr. Mitchell, in his abse= nce.

&= nbsp; Ms. Bisson, Secretary, read aloud the following letter for the record:

&= nbsp; “Zoning Board of Appeals

&= nbsp; Town of Watertown

&= nbsp; Anthony Zippoli

\ &= nbsp; 382 Linkfield Road

&= nbsp; Watertown, CT

&= nbsp; To Whom It May Concern:

&= nbsp; I, Anthony Zippoli, of 382 Li= nkfield Road, Watertown, CT, whose property abuts property at= 370 Linkfield Road, owned by Satish and Keruna Aggarwal, give consent for the completion of the construction of a storage shed which borders my property line. Given the fact that it is ¾ built, I would hate to have Steve pay for its removal. Had I been home during the week it= was being constructed, vacationing, I would have advised Steve of the requireme= nts, and I have recently put a large shed on my own property and had to adhere to all requirements. Due to the = very close proximity to the boundary line, I do request that the shed be complet= ed so as to be visually attractive and all excess building materials be removed upon completion. I take treme= ndous pride in my own property and would appreciate the same consideration from t= he Aggarwals.

&= nbsp; Sincerely yours,

&= nbsp; Anthony Zippoli, Jr.

&= nbsp; Joanne Zippoli”

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #804 – SATISH AGGARWAL

MAY 25, = 2005

Page 5

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= ; Mr. Rafey: One other neighbor, I = think Mr. Francis Kerrin, owner of 358 Linkfield Road, he called the Planning and Zoning Office= on May 23, 2005 and he talked to me on the phone. He told me he has no objection to = the shed being that close to the property line, and he wanted me to convey that= to the Board since he couldn’t come here this meeting.=

= ; Mr. Griffith: He lives on the other = side, right?

= ; Mr. Rafey: Yes. I think Mr. Kerrin lives on the so= uth side of the property and Mr. Zippoli lives on the north side of the property.

= ; Mr. Griffith: Is this on a cement foundation?

= ; Ms. Aggarwal: Yes. It’s on the driveway.

= ; Mr. Griffith: So a separate foundati= on for the she wasn't poured?

= ; Ms. Aggarwal: I don't think so.=

= ; Mr. Rafey: Once they get their va= riance and we issue a zoning permit and then they have to go to the Building Depar= tment to make sure it meets the building codes.

= ; Mr. Griffith: As of right now, it= 217;s not on a slab?

= ; Ms. Aggarwal: It’s on tiles, l= ike a couple of tiles. The cement mountings.

= ; Mr. Stewart: It’s on cement b= locks.

= ; Ms. Aggarwal: Yes, the cement is on = top of the driveway and the shed is on top of that.

= ; Mr. Griffith: So it can be moved?

= ; Mr. Rafey: It can be. The size is 8 = x 24.

= ; Mr. Griffith: That's the size of a house trailer.=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #804 – SATISH AGGARWAL

MAY 25, = 2005

Page 6

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= ; Mr. Rafey: This location was appr= oved by the Torrington Area Health District.&nb= sp; It’s in your packet. They have the leaching fields in the back yard. When we approved the location of t= he garage, at that time we looked at the property and the septic was in the ba= ck.

= ; Mr. Roger: We always try to find = the best place for the shed in trying to adhere to the Zoning Regulations. But since there is no objections from the neighbors, at this point I don’t have any = objection right now either. As far as t= he way it’s built, that’s up to the Building Inspector to decide. Anybody else have any questions?

= ; Mr. Rafey: It’s kind of hid= den between the garage and the trees. Only the property owners, only they can see it and somebody who driv= es down the road. None of the ne= ighbors can see it.

= ; Mr. Stewart: What’s the dista= nce between the garage and the property line?

= ; Mr. Rafey: The garage meets the s= etback requirements, it’s more than 20 feet because the minimum setback for = the garage is 20 feet, and it should be more than 20 feet.

= ; Mr. Roger: Anybody else? Is there anyone in the audience who would like to speak For or Against this Application? Seeing and heari= ng none . . . .

= ; MOTION: (Mr. Griffith, sec. Ms. Bisson) to Close the Public Hearing for Application #804= of Satish Aggarwal request for a variance of 13 feet to a side yard property l= ine setback to permit an existing shed to remain on site at 370 Linkfield Road, Watertown, CT.

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

&= nbsp; MOTION PASSED UNANIMOUSLY

Public Hearing Closed at 7:44 p.m.

Respect= fully submitted,

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Phil Ro= ger, Vice Chairman

Zoning = Board of Appeals

&nbs= p; _________________= _________________

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