beagenda

MINUTES

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WATERTOWN ZON= ING BOARD OF APPEALS

PUBLIC HEARING

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WEDNESDA= Y, JUNE 22, 2005 - 7:30 P.M.

JOHN TRUMBULL PRIMARY SCHOOL MEDIA CENTER

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APPLICATION #805 – ANTOINETTE PELAGANO

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

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                   Roger Mitchell

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

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

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

ALTERNATES PRESENT:            = Scott Stewart

ALTERNATES ABSENT:            &= nbsp;   Chris Lafferty

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

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1.         = Call Meeting To Order

            Mr. Sarandrea, Chairman, Called the Public Hearing to Order at 7:48 p.m.

2.     &nb= sp;   Roll Call

            Ms. Bisson, Secretary, executed the Roll Call.

Mr. Sarandrea, Chairma= n, asked Mr. Stewart to sit in for Mr. Griffith, in his absence.

            Mr. Sarandrea, 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 #805 – ANTOINETTE PELAGANO

JUNE 22,= 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 applic= ation.”

3.         Hearing of Cases=

        &= nbsp;   A.        Application #805 of Antoinette Pelagano of 83 Chimney Road requests a variance of Section 7.= 14.d of the Watertown Zoning Regulations to permit the creation of 2 interior lo= ts within 1,000 feet on Chimn= ey Road, Watertown, CT.

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        &= nbsp;   Recess or Adjourn Public Hearing, must be Closed by July 27, 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, June 22, 2005 at the = John 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 #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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Application #805 of Antoinette Pelagano of 83 = Chimney Road, Watertown, CT requests a variance of Section 7.= 14.d of the Watertown Zoning Regulations concerning access way to interior lots = to permit the subdivision of a parcel of land into 3 lots including two interi= or lots with access way within 1,000 feet on the same side of the street. Section 7.14.d= of the Watertown Zoning Regulations states that there shall be no other access way= to an interior lot within 1,000 feet on the same side of the street when measu= red along the street line.

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.

Da= ted at Watertown, Connecticut, this 9th day of June, 2005.

Da= ted at Watertown, Connecticut, this 16th day of June, 2005.

Mary Bisson, Secretary=

Zoning Board of Appeals”

Mr. Rafey: For the record, that is Section 714d.

        &= nbsp;   Paul Benevich, Professional Engineer, Land Data Engineers

      = ;      Mr. Benevich: I'm representing the applicant, Mrs. Antoinette Pelagano, who has 32.6 acres of property on Chimney Road, in Watertown. We've been involved in this projec= t for some months now, for Mrs. Pelagano, whose intent is to subdivide her 32.6 acres, which is on this map on the easel up here. She has an existing house that's actually off of Chimney Ro= ad, her driveway comes off of = Chimney Road through an old highway which is unimproved but still she has legal access to Chimney Road through this driveway. She wants to leave herself about 3= .4 acres or subdivide the rest of the property into 2 lots which she's going to give to her family members, actually her 2 nieces.

        &= nbsp;   At a meeting on April 13, 2005 we went to the Planning and Zoning Commission o= n a preliminary basis, and asked them to review this property, or our proposal before we got too involved in the whole thing and did a survey and soil testing, and everything, and at that meeting we discussed a number of things and the main thing was the access to the property. As you can se on this map the prop= erty fronts on Route 6, Thomast= on Road. We have about 1,150 lineal feet of frontage on Route 6 in addition to the access that Mrs. Peligano has now of= f of Chimney Road= in this old highway that's so called on some survey maps in Town. The Commissioners, after much discussions, said that these aren't frontage lots= .

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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        &= nbsp;   They didn't consider the frontage on Route 6 to be viable because of the wetland area next to the V.F.W. and also there's a big rock outcrop ledge to the northwest on Route 6, and they said well what good is frontage if you don't have access. Well there's not= hing in the Regulations that says your access to your lot has to come off a stre= et that you front on. There are = plenty of lots in the Town of Waterto= wn that have frontage on one street and you get access through another propert= y or another street, and that's what we've been proposing all along. These 2 new lots access off of Mrs. Pelagano's existing driveway, which we've already had meetings with Mary Ba= rton and Chuck Berger, the Town Engineer, discussing ways on how we'd have to wi= den her driveway, put a turnaround for emergency vehicles and so forth. So the reason we're here tonight is because in the Planning and Zoning Commission's determination, which we don= 't agree with, that this property, by not having access as they call it, altho= ugh with some considerable expense and effort we could access off of Route 6 to access these properties, but we think for avoiding the wetlands and rock blasting disturbance, that we'd want to come off the existing driveway that= Mrs. Peligano uses, and therefore based on the P & Z's determination, we'd h= ave to, these 2 lots would be called rear lots, even though we don’t think they, and so that's why we're here for this variance, because we'd have two driveways right next to each other, obviously nowhere near the 1,000 feet a= part as is stated in that 714.d or whatever it was. That's our hardship.

        &= nbsp;   A couple of other things for background. I spoke with Mary today and this property to the north, which was owned by Charles Hungerford, was subdivide= d in 1999, and you might know that from driving up and down Route 6, or I don't = know if they had to come to this Commission before, but they have a common drive= way that accesses 3 parcels, just to the north of us. One parcel is completely landlocke= d, he just uses his driveway, and the P & Z Commission allowed that. They don't have direct access but = they let someone share their driveway. Also there's a situation just last year, the Rickevicius subdivision on Plungis = Road behind the Citgo Station off of Route 63, they approved a 3 lot subdivision= of which one lot fronts on Munson Road which is an unimproved dirt road off of Plungis Road, and the Commission, even though that lot has frontage on a ro= ad, that's certainly not as hard to access as these 2 lots would be, but they l= et them get a right of way through Rickevicius property without improving this roadway, this Munson Road property. So they're like, they've contradicted I think their own rulings at different times, where analogous to this situation where we'd have frontage= on one road but we want an access off of another road, even though they determ= ine they're rear lots, so that's basically our case for what we're trying to do= and I welcome any questions from the Commissioners about what we're doing.=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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      = ;      Mr. Stewart: Why are there 2 drivew= ays off of that? Why don't they h= ave one common driveway going in and kind of . . . .=

      = ;      Mr. Benevich: We considered that, as= a matter of fact our first proposal did have that.

      = ;      Mr. Stewart: It obviously looks kin= d of silly having 2 there.

      = ;      Mr. Benevich: Well it is and it isn't. I've been an engineer = for almost 30 years and we've had a lot of these projects in other towns, not necessarily Watertown, where we've shared common driveways, to 2 interior l= ots, and later on after the lots are sold, I mean after the property is subdivid= ed and the lots are sold, these owners get in a big hassle about maintenance a= nd plowing the driveway and all of that, so access to the underground utilitie= s or whatever. Now even though Mrs. Pelagano wants to give these to her family members now, there's nothing in = the future that says they're going to be there forever so if it gets sold it's a lot easier and cleaner for someone to own their own driveway to their lot, that's the reason we changed the proposal to the 2 separate driveways.=

      = ;      Ms. Bisson: What exactly do you de= clare as being your hardship?

      = ;      Mr. Benevich: We declare our hardshi= p is that the P & Z Commission declared these to be created subdivision lots= #2 and #3, Mrs. Peligano's house and the surrounding property would be Lot #1, to be interior lots because the frontage on= Route 6 is not accessible for these lots for access. And we counter that these lots are actually through lots because they have frontage both on Thomaston Road, Route 6 and also on= Chimney Road, through this old highway that Mrs. Pelagano uses now and has been using for 44 year= s or so. That in essence is our hardship. We declare that, we= 're asking the Commission to agree with our argument, if that's the statement, = that these are through lots and we're not creating rear lots here. We're just creating two subdivision lots that front on one road but they have access o= ff of another road. That's essen= tially it.

      = ;      Ms. Bisson: Y= ou've determined that the access from the other road is impossible?

      = ;      Mr. Benevich: No, that's our content= ion, it's not impossible, it's highly and physically if not . . . . .=

      = ;      Mr. Sarandrea: It's under water.=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

Page 6

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      = ;      Mr. Benevich: Well yea. There is a nice red maple swamp ri= ght next to the V.F.W. and then right next to it there's a rock mountain. It's theoretically possible to bla= st that away and put a driveway there. I told the Commission that that night, but they said no, you don't h= ave access and that was their determination.

      = ;      Mr. Rafey: I suggest they go back= to the Planning and Zoning Commission and discuss this issue with them. If they are not interior lots they= don't have to be in front of this Board.

      = ;      Mr. Benevich: I understand that, Moo= sa, but that's the determination they made.

      = ;      Mr. Rafey: Do you want to go back= and just talk to them and tell them there are other examples like these lots th= at exist in Watertown= , and they are not interior lots? Why should this Board give a variance on an issue that there is no need for a variance?

      = ;      Mr. Benevich: Well that's our conten= tion, I mean not our contention exactly, we need the variance because of the P & Z's determination.

      = ;      Mr. Sarandrea: Well you'll have to pr= obably go back and (inaudible).

      = ;      Mr. Rafey: There are other exampl= es in Town, other lots that have frontage on one road and access from another.

      = ;      Mr. Sarandrea: Did you go to Wetlands= at all?

      = ;      Mr. Benevich: No, we're still . . . = . .

      = ;      Mr. Rafey: They are outside of the regulated area.

      = ;      Mr. Benevich: We did do soil testing= , as required in the application, to determine if these lots are viable. Bob Smith of the Torrington Area H= ealth District witnessed the testing with us and I believe, do you have the letter Moosa?

      = ;      Mr. Rafey: Yes.=

      = ;      Mr. Benevich: He did submit a letter saying these 2 new lots have suitable septic areas and for wells too.<= /o:p>

      = ;      Mr. Stewart: You mentioned what you= did with P & Z was a preliminary review, or did you formally . . . . .=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

Page 7

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      = ;      Mr. Benevich: No, it was preliminary= , cause we wanted to talk to them to get their feelings,= and they gave us their feelings.

        &= nbsp;   Mr. Rafey: I did talk to Mary Barton today just before I came to the meeting, and she was kind of agreeing with me, that probably you don't need a variance, but you should go back to them.

        &= nbsp;   Mr. Stewart: If P & Z hasn't actually voted= and ruled that you have the problem and need a variance, how can we grant a variance?

        &= nbsp;   Mr. Rafey: No, we can't.

        &= nbsp;   Mr. Benevich: Well that's what they told me at the meeting on April 13th.

        &= nbsp;   Mr. Sarandrea: Yea, but you didn't formally prese= nt an application to them.

        &= nbsp;   Mr. Benevich: No, but it's still an application whether it's preliminary or formal.

        &= nbsp;   Mr. Stewart: Did you present this in front of the whole Board?

        &= nbsp;   Mr. Benevich: Yes, for about an hour.=

        &= nbsp;   Mr. Sarandrea: But they didn’t want to vote= on it at all?

        &= nbsp;   Mr. Benevich: No, I don't have the Minutes, that's what Mrs. Wick, the Chairman, said to me, what = good is frontage without access? Y= ou're going to have to go to Z.B.A. to get a variance because you're creating 2 r= ear lots that are right next to each other instead of 1,000 feet apart. Now that's in their Minutes. I didn't get anything written from= them, but I wouldn't go through this whole exercise without getting, and I don't = see them, well Moosa might think they might change their mind; I don’t kn= ow if they will.

        &= nbsp;   Mr. Sarandrea: Well you'd have to present those c= ases.

        &= nbsp;   Mr. Rafey: Did you give them those other exam= ples?

        &= nbsp;   Mr. Benevich: No, I didn't know about the Hungerf= ord situation cause I hadn't researched the property, but I had heard about the= Rickevicius situation, I didn't know exactly what was involved there up on Plungis Road. Even Mary Barton today when I spok= e to her, they have just changed their rulings, not changed their rulings, but h= ave contradicted themselves apparently on their rulings with some of these acce= ss ways to lots in Town here.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

Page 8

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        &= nbsp;   Mr. Sarandrea: You probably would be better off g= oing back to them.

        &= nbsp;   Mr. Stewart: You still don't get around that 1,= 000 foot . . . .

        &= nbsp;   Mr. Benevich: No, whether it's 1 driveway or 2 dr= iveways, there still would be 2,and in the P & Z Commission's view, there are still 2 rear lots together.<= /p>

        &= nbsp;   Mr. Rafey: But if they are not interior lots, that Section 714.d doesn't apply to these lots, if the Planning and Zoning Commission accepts the frontage on Thomaston Road for these lots, they are not interior lots, and that Section 714.d doesn’t apply to t= his.

        &= nbsp;   Mr. Mitchell: Even though the driveway is in bac= k?

        &= nbsp;   Mr. Rafey: Yes, we have many examples in Town = where the lots have frontage on one road and access from the other road. For me as a staff member, I receiv= ed this application and I had to process it. I put the legal notice and I sent i= t to you and . . . .

        &= nbsp;   Mr. Stewart: It seems like there's a big questi= on as to whether you really need a variance period from what everyone is saying here. If P & Z said it, b= ut they didn't rule on it, and maybe they didn't quite understand it.

        &= nbsp;   Mr. Benevich: Well they made it clear to us that= that was their ruling.&nbs= p; It was voted on by the Commission.

        &= nbsp;   Mr. Sarandrea: But now if they didn't get ruled on= and they didn't get denied or whatever, they really can't come here.=

        &= nbsp;   Mr. Rafey: Paul went to P & Z for a preli= minary discussion on this issue. The= y said you need a variance so you a have to go to the Zoning Board of Appeals.

        &= nbsp;   Mr. Stewart: Well you can get a variance if you= know you're not in compliance before you go to P & Z, right?

        &= nbsp;   Mr. Rafey: Yes, I mean if you really need a va= riance you can come to this Board any time. The question is do you really need a variance?

        &= nbsp;   Mr. Stewart: We're not quite sure you need a variance.

        &= nbsp;   Mr. Sarandrea: No.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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        &= nbsp;   Mr. Benevich: It's like arguing in a circle.=

        &= nbsp;   Mr. Stewart: Well you're right, and I don't thi= nk P & Z quite understands the situation frankly. I don't know whether they do. I mean you do have frontage on Thomaston Road, Route 6 there. (Inaudible) you don’t have landlocked lots unless there's something in the thing about what the quality of that area is.

        &= nbsp;   Mr. Rafey: There is a subdivision application= . . . . .

        &= nbsp;   Mr. Benevich: And there's nothing in the Regs tha= t says . . . .

        &= nbsp;   Mr. Sarandrea: The only thing maybe you could do = now is tell them you came before us and we don't feel y= ou need a variance. That will ca= rry some weight.

        &= nbsp;   Mr. Rafey: I received two letters from some o= ther neighbors that they couldn’t come tonight to the Public hearing, and = they asked the Board to Table this application until next month because they wan= t to come to the Public Hearing. Y= ou can Table this until next month and at the same time Paul can go to the Planning and Zoning Commission to see if there really is a need for a variance.=

        &= nbsp;   Mr. Benevich: It's already, it's 2 weeks to the n= ext meeting, can I get on that?

        &= nbsp;   Mr. Rafey: Yes, you can do that.

        &= nbsp;   Mr. Stewart: I think you need to do a little mo= re homework and find out whether P & Z is right by just reading the regula= tions, and either thinking about it yourself or consulting somebody else to say it= 's obvious the way the language reads that I don't have landlocked lots. And then if you're seeking a varia= nce to have 2 driveways within 1,000 feet, then you would need to come and see us.=

        &= nbsp;   Mr. Benevich: Well I said, I had that discussion = with them for about an hour in April and . . . . . I don’t see them changing th= eir mind. I can't speak for them.=

        &= nbsp;   Mr. Stewart: Well they have really no choice if= they change their mind or not, if what you're doing is within the regulations, b= ut as far as the lots go they can't (inaudible).

        &= nbsp;   Mr. Sarandrea: They've got to grant it.

        &= nbsp;   Mr. Benevich: Yea, well, I mean I may have to go = to court on something like that, I don't know, I'm sure we don't want to do th= at.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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        &= nbsp;   Mr. Rafey: But did you give the examples that= you presented to this Board?

        &= nbsp;   Mr. Benevich: No, I didn't.

        &= nbsp;   Mr. Rafey: You should ask them, what about tho= se lots, they are the same situation and they have access from the rear.<= /o:p>

        &= nbsp;   Mr. Benevich: They can say fine, you're still . = . . . .

        &= nbsp;   Mr. Rafey: There is an application for a subdivision in front of the Wetlands Commission and it's going to the Plann= ing and Zoning Commission. That subdivision shows 2 lots that have a driveway from a new road but the front= age is on another road; exactly the same situation like this.=

        &= nbsp;   Mr. Benevich: Well I'm not really in favor of goi= ng back to P & Z, but if the Commission feels we should, at least for . . = . . .

        &= nbsp;   Mr. Sarandrea: We've done this before. Tell them it's our recommendation = that we feel as though you may not need a variance, and then state your case.

        &= nbsp;   Mr. Benevich: Can I get something in writing fro= m you before the P & Z meeting within 2 weeks?

        &= nbsp;   Mr. Rafey: I can give you the Minutes of these meetings before the Planning and Zoning, if Lynn can do that. They can read the whole discussion= here.

        &= nbsp;   Mr. Benevich: Let me just make sure I know what = we're talking about. If you can Tab= le this, I'm not telling you what to do, but if you Table this, we have a chan= ce to go to P & Z on July 6th, find out what they say again, and then get = back to your next meeting on July 27th.

        &= nbsp;   Mr. Stewart: I wouldn't just wait for the meeti= ng and go. Do whatever more homework= you need to do and get your examples and go in there with your two 6 guns ready= to go.

        &= nbsp;   Mr. Benevich: Well I better have my football helm= et because sometimes arguing with them . . . .

        &= nbsp;   Mr. Sarandrea: And you need a formal application.=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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        &= nbsp;   Mr. Rafey: I also suggest that you should con= tact the Department of Public Works about the status of that section of the road= , if you can put two driveways off of an existing driveway cause that section is= not a public road.

        &= nbsp;   Mr. Benevich: I know. Like I said we had the discussion = with Mary and Chuck and they seemed to not have a problem, it's just arguing the details about widening the driveway, put some kind of turnaround for emerge= ncy vehicles and stuff like that.

        &= nbsp;   Mr. Rafey: Can you get something in writing f= rom the Town Engineer by the next meeting?

        &= nbsp;   Mr. Benevich: Here or P & Z?

        &= nbsp;   Mr. Rafey: Yes.

        &= nbsp;   Mr. Benevich: I believe I could.

        &= nbsp;   Mr. Rafey: Cause that section of the road is n= ot clear. I talked to Roy Cavana= ugh, the Director of Public Works, and he said that section of the road is not a public road, it's not clear, he doesn't know if that's a private driveway o= r a public road.

        &= nbsp;   Mr. Mitchell: If I read this right it said it's abandoned.

        &= nbsp;   Mr. Rafey: And at the same time, if you want = to Table this until month, do you want to go and see this property in case they have to come back, then you'll already know?

        &= nbsp;   Mr. Sarandrea: Do you want to go look at it? Should we hear from the people who= are here? Are you through? Do you have anything else?

        &= nbsp;   Mr. Benevich: No, not really, that's it in a nut= shell.

        &= nbsp;   Mr. Sarandrea: Do you guys have any more question= s? Thank you. Is there anyone here who would lik= e to speak For or Against this Application?

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

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        &= nbsp;   Robert DeJesus, 89 Chimney Road, Watertown<= /st1:City>, CT&nbs= p; 06795

        &= nbsp;   Mr. DeJesus: All I'm concerned about is the acc= ess road that leads to her home, and they're saying that they need an emergency vehi= cle to be able to turn in there, is that going to take any footage from my side= of the land, or only towards her side, to widen it? I live right here of the corner of= Chimney Road. Now her home which is here, the two properties they want to build are here.&nb= sp; As long as they're not going to come towards my side, I have no prob= lem with that. If they're going t= o widen it towards her side of the land, I have no problem with that, as long as it= 's her side. I just want to make= sure if they widen it, it's not going to come to my side of the property. As long as its= hers, I have no problem with it.

        &= nbsp;   Ms. Bisson: That we'll have to get from the To= wn Engineer.

        &= nbsp;   Mr. Rafey: Do you want to respond to that, do = you have any plans?

        &= nbsp;   Mr. Benevich: No, I just wanted to, there is a 5= 0 foot right of way where Mrs. Pelagano's driveway is now. The improvements would be within t= hat right of way and not on your property. If we have to we'll put it more to the other side away, I know your deck is ve= ry close to the road there and everything.

        &= nbsp;   Mr. DeJesus: If you have to. (Inaudible) that's not telling me = for sure that you're not coming on my side of the land. I don't have much land, I don't have much parking there.

        &= nbsp;   Mr. Benevich: I know, = I don't even know where your deck is for example on your property.

        &= nbsp;   Mr. Rafey: If you have any questions, you hav= e to stand up there and ask your questions, and then Mr. Benevich will answer yo= u.

        &= nbsp;   Mr. DeJesus: He said that if he has to, if, I d= on't want to know if, I want to make sure that you're not coming over to my side. That's all I want to know. If you tell me no, you = could do whatever you have to there, I have no problem with that. I'm saying I don't have much space towards my side cause I have a small driveway, a= nd if you come towards my side I'm going to lose it. If it's not coming towards my side= of the driveway, I have no problem with it.&n= bsp; If you do, then I do have a problem with it. Do you understand?

        &= nbsp;   Mr. Stewart: I believe the Town Engineer is goin= g to be the one who determines what happens there, how it's done, and exactly wh= ere it's done, not you or you.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

Page 13<= o:p>

&nb= sp;

        &= nbsp;   Mr. DeJesus: What the Town Engineer could decid= e that you could come on my land?

        &= nbsp;   Mr. Rafey: But there is enough room there for= a driveway. The 50 foot wide ri= ght of way there, and the driveway will be 16 feet wide= ? How wide is it?<= /p>

            Mr. Benevich: Right now it's 12 to 15 feet. They were talking, the Town Engine= er, it may be 18 or 20 feet wide. We= 're not putting in a 30 foot . . . .

            Mr. Rafey: It's a 50 foot wide right of way.<= o:p>

            Mr. DeJesus: I have a pool there too, (inaudible= ). I don't understand all of this, I = really don't mind what gets built back there, I just wa= nt to make sure it's not going to affect my little area.

            Mr. Stewart: That also would be more of a P &am= p; Z issue when a formal site plan is presented I would think too, cause this ha= sn't been really done for P & Z formally.

            Mr. Sarandrea: They can't encroach on your property. There's a certain a= mount of footage that they have to stay away from people's property. There's regula= tions that, for instance, side yard properties are 5 feet, whatever, they would n= ot be able to encroach on your property, so I wouldn't be concerned about that because that's not legal to do. Anything they do would be done on their own property and so many feet away from, but like he just stated, that would be up to Planning and Zoning and the Town E= ngineer, or when they make a formal application, that road may have to say, like Moo= sa said, 15 or 10 feet away from your property. There's= certain guidelines they go by on footage from people's property so they could never encroach on your property without giving you some kind of compensation and = you agreeing to it. You can't jus= t take somebody's property and put a road on it.&= nbsp; It just doesn't happen.

            Mr. DeJesus: I'm okay with that.

            Mr. Sarandrea: That's why we're here. It's in the Minutes now. Would anyone else like to speak For or Against this Application?

            Mr. Rafey: Mr. Chairman, I have two letters f= rom other neighbors who were not able to come tonight. (Tape #1, Side A ended - may have missed some).

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

Page 14<= o:p>

&nb= sp;

        &= nbsp;   Mr. Sarandrea, Chairman, read aloud the following letters:

        &= nbsp;   "Zoning Board of Appeals

        &= nbsp;   Town of Watertown

        &= nbsp;   To Whom It May Concern:

        &= nbsp;   We, Evon and Elaine Hazelton of 79 Chimney Road, Watertown CT have questions and con= cerns regarding the variance of Section 714.d of the Watertown Zoning Regulations= . We are unable to attend the Public Hearing on Wednesday June 22, 2005 and request that this matter be Tabled u= ntil the next meeting on July 27, 2005.

        &= nbsp;   Sincerely,

        &= nbsp;   Evon and Elaine Hazelton"

        &= nbsp;   "Zoning Board of Appeals

        &= nbsp;   Town of Watertown

        &= nbsp;   Re:       Appli= cation #805

        &= nbsp;   To Whom It May Concern:

        &= nbsp;   As one of the property owners who has an interest i= n this application, I am requesting that this matter be Tabled until the July 27th meeting as I cannot attend said meeting on the 22nd. I have some concerns and questions regarding the variance that Mrs. Pelagano is requesting on Section 714.d of= the Watertown Zoning Regulations. I would appreciate your response to this matter as soon as possible so I may = make arrangements to be in Watertown for the July date, assuming it will be Tabl= ed until that time. I can be rea= ched at 1-800-639-3095 Extension #259 weeknights between 5:00 a.m. and 12:00 a.m= ., or doing the day and weekends at 802-223-7494 or email jsd547@aol.com. Thank you for your consideration i= n this matter.

        &= nbsp;   Sincerely,

        &= nbsp;   Julia S. Demarest

        &= nbsp;   Property Owner of 133 Chimney Road<= /st1:address>

        &= nbsp;   Watertown, CT"

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #805 – ANTOINETTE PELAGANO

JUNE 22,= 2005

Page 15<= o:p>

&nb= sp;

            Mr. Benevich: I guess in view of what we just discussed, I guess Tabling this until next month= , we don't have a problem with it.

      = ;      MOTION:       (Mr. = Mitchell, sec. Mr. Stewart) to Table the Public Hearing for Application #805 of Antoinette Pelagano of 83 = Chimney Road requests a variance of Section 7.14.d of = the Watertown Zoning Regulations to permit the creation of 2 interior lots with= in 1,000 feet on Chimney Road= , Watertown, CT.

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

        &= nbsp;   MOTION PASSED UNANIMOUSLY

Public Hearing Closed at 8:25 p.m.

Respect= fully submitted,

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&n= bsp;

&n= bsp;

Enrico Sarandrea, Chairman

Zoning = Board of Appeals

  &nbs= p;         _________________= _________________

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