beagenda

MINUTES

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WATERTOWN ZON= ING BOARD OF APPEALS

PUBLIC HEARING

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WEDNESDA= Y, APRIL 26, 2006 - 7:30 P.M.

WATERTOWN HIGH SCHOOL TECHNOLOGY CENTER

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APPLICATION #821 –

TODD AND NICHALENE GENOVESE

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

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

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

            =             &nb= sp;            =             &nb= sp;          Enrico Sarandrea, Chairman=

ABSENT: &nb= sp;            =             &nb= sp;            =     John Griffith

ALTERNATES PRESENT:            = Gary Swingle

ALTERNATES ABSENT:            &= nbsp;   Chris Lafferty

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

            =             &nb= sp;            =             &nb= sp;          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 7:45 p.m.

2.     &nb= sp;   Roll Call

            Ms. Bisson, Secretary, executed the Roll Call.

            Mr. Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Griffith, in his a= bsence.

            Mr. Mitchell, Acting Secretary read aloud the Legal Notice as follows:

“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, April 26, 2006 at the Watertown High School Technology Center, 324 French Street, Watertow= n, CT to hear and act upon t= he following applications:

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #821 – TODD AND NICHALENE GENOVESE

APRIL 26= , 2006

Page 2

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Ap= plication #820 of Todd and Nichalene Genovese request for a variance of 12.5 feet to a side yard property line setback to permit the construction of an 810 square foot detached garage to be located 7.5 feet from a side yard property line = at 480 Concord Drive, Watertown, CT in an R-30 Residential Zoning District.

Section 7.11.d of the Watertown Zoning Regulations requires minimum 20 feet side yard property li= ne setback for an accessory structure over 576 square feet in an R-30 Resident= ial Zoning District.

            At this Hearing interested 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, CT.

            Dated at Waterto= wn, CT this 13^th day= of April, 2006.

            Dated in Waterto= wn, CT this 20th day of April, = 2006.

            Mary Bisson, Secretary

            Zoning Board of Appeals”

3.         Hearing of Cases=

        &= nbsp;   B.         = Application #821 of Todd and Nichalene Genovese request for a variance of 12.5 feet to a side yard property line setback to permit the construction of a detached ga= rage at 480 Concord Drive, Watertown, CT.

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        &= nbsp;   Recess or Adjourn, the Public Hearing, must be Closed b= y May 31, 2006 unless applicant grants a time extension.

Todd Genovese, 480 Con= cord Drive, Watertown, CT <= st1:PostalCode w:st=3D"on">06795

Mr. Genovese: I’m here to request a variance. My hardship, as you can see on the survey, the garage is going to be located at the end of the driveway due to= a few issues. The existing underground utilities run along the corner of my existing garage. Also the curtain drain for the sep= tic system is located in the same area and I would also have a building code is= sue cause I would have to remove a window in order to exte= nd the garage if I chose to do so, so those are the 3 issues why I cannot extend t= he garage. The reason why I chos= e that position of where the garage is, the building code states it has to be 10 f= eet away from the existing structure if it is a detached building and I have to= be 25 feet away from the existing well that I talked over with Bob Smith cause= I have curtain drains for my downspouts so they will not be draining out onto= the lawn, they will be tied into a curtain drain.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #821 – TODD AND NICHALENE GENOVESE

APRIL 26= , 2006

Page 3

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Mr. Sarandrea: What is this garage going to be used for?

Mr. Genovese: <= /b> House my plow truck, boat, things t= hat I have out on my lawn right now, plus I have 2 children now that I didn’= ;t have when I first got married, so I have toys and bikes and things that my existing garage isn’t big enough to house.

Mr. Roger: = Is there a septic system here or do= you have sewers?

Mr. Genovese: <= /b> Septic system. It’s not the actual septic <= span class=3DGramE>system, it’s the curtain drain that loops around= the house that ties into the septic.

Mr. Mitchell: <= /b> Is the septic in the front yard?

Mr. Genovese: Yes.

Mr. Rafey: = This property is located in an R-30= Zone, as I mentioned in my memo, and the setback requirements for an accessory structure over 576 square feet is 20 feet from the side property line and 70 feet from the front and 30 feet from the rear property line. It meets all of the setbacks excep= t on the side where they want to put it there’s only 7.5 feet from the side property line and the size of this garage is 27 x 30.

Mr. Mitchell: <= /b> How far is that from the well?=

Mr. Genovese: <= /b> I believe it’s over 25 feet.<= span style=3D'mso-spacerun:yes'> I had to maintain 25 foot clearanc= e that I got an okay from Bob Smith.

Mr. Mitchell: <= /b> So you can’t move the garage = more towards the . . . . .

Mr. Genovese: <= /b> No, cause then the curtain drains, = then I run into the problem with the drainage from the roof, ice and running onto other properties, and I don’t want to run into that issue.=

Ms. Bisson: You have an existing garage?

Mr. Genovese: Yes.

Ms. Bisson: Is that going to stay?

Mr. Genovese: <= /b> Yes.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #821 – TODD AND NICHALENE GENOVESE

APRIL 26= , 2006

Page 4

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Mr. Sarandrea: This area will be paved right to the garage?

Mr. Genovese: Yes.

Mr. Sarandrea: = It’s already paved?

Mr. Genovese: Yes.

Mr. Mitchell: Where is the old garage?

Mr. Genovese: If you see the dimension the 38.1 and the 35.9, that’s the actual entrance to the garage, the two corners.=

Mr. Sarandrea: No, he was asking you where your existing garage= is.

Mr. Genovese: Yea, that's what I’m saying.

Mr. Mitchell: <= /b> Yea, but the back garage you have to drive through the first one.

Mr. Genovese: No, just go straight up the driveway. I can show it to you.

Mr. Rafey: = The existing garage is attached to = the building.

Mr. Genovese: You come in this way and then you go out that wa= y.

Mr. Mitchell: <= /b> I thought it was a separate . . . .=

Mr. Genovese: No, actually it’s attached and there’= ;s a sidewalk and entrance into the house, so if I wanted to either way, that’s what I was saying, I couldn’t really add on to it cause I run into several underground issues and drainage and utilities and egress window that I’ll lose for a bedroom, then I’ll have no egress o= ut of there window-wise.

Mr. Mitchell, Acting Secretary, read aloud the following letter for the record:

“April 24, 2006<= o:p>

To Whom It May Concern= :

John DiVito, 142 Lexin= gton Drive, Watertown, CT <= st1:PostalCode w:st=3D"on">06795

Mr. DiVito: The reason I’m objecting to this is origin= ally we were the first ones up on Lexington Drive, that whole area. The ordinance up there was suppose= d to be 60 feet from the front, 25 feet between, you had to stay 25 feet from yo= ur end of your house, so there would be 50 feet in between each house and that= was for the people across the street and everything could look down through and= see a little view of the farm or whatever.&nbs= p; Now, I don’t know, it got down to 20 feet. I don’t know when that happe= ned, and at the same time when we bought up there, you could not have an unattac= hed garage or building, that was Floyd Rasmussen’s code in that area, and when you bought the land, you bought it with that understanding. And I didn’t want to have a = garage when I built the house, I was forced the following year to add the garage to the house, and so was the Foell’s.&n= bsp; We had to put the garages on, you had to have a garage on your house, and I don't want to see that law changed, and I don’t want to see the footage in between houses changed. I don’t think it’s right. We bought that with that understan= ding and that land on Concord (inaudible) was all owned by Rasmussen, I thought it was all under the same code, but I don’t know when it got changed. There already is a one standing ga= rage on Concord, all alone, which I don’t think was right, but it was all to be put on the= re. I mean when they changed this code= and when they had all these unattached, I don’t know, but I really think = this should be turned down.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #821 – TODD AND NICHALENE GENOVESE

APRIL 26= , 2006

Page 6

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Mr. Rafey: The setback requirements fro= m the side property line in an R-30 Zone is 20 feet. Probably for their subdivision the= re were some deed restrictions that they cannot have accessory structures, but= on Concord Drive there are no deed restrictions, and we don’t enforce deed restrictions. If there is anything on the deed t= hat they can’t do something between the neighborhood and their associatio= ns, the Planning and Zoning office does not enforce these restrictions. Maybe in your case there were some= deed restrictions that you cannot have detached garages, but in their subdivisio= n it is allowed.

Mr. DiVito: I don’t know w= hen that was changed. They only informed the people on our (inaudible).

Mr. Rafey: But your property is = in a different subdivision. Mr. Genovese’s property is in a different subdivision. Maybe you had a deed restriction bu= t they don’t.

Mr. DiVito: (Inaudible) bought that piece of property I was under the understan= ding that it as all going to be under the Rasmussen regulations, that's what we = were told.

Mr. Rafey: They can check their d= eed to see if there are any restrictions. I don’t know.

Mr. DiVito: This was in the 60= 217;s when I bought land up there, I was one of the pioneers, and now you see it, everything is being closed in. In fact for 15, 20 years you couldn’t even have a shed.   They finally allowed us to p= ut a shed on it because of the lawn mower and stuff, but (inaudible).=

Mr. Genovese: I’m a little surprised because this is the first I’ve heard of anything and I haven’t had any problems. I’ve been there since 1997 and I first want to respond to Mrs. Foell’s letter, especially about my house having her house depreciate= in value. In square footage, I&#= 8217;m paying more taxes, I have a newer house and I’m trying to improve it. I have a buffer area that= I left behind the house, I get along with her husband fine, I’m just surprised that I heard this, and she just put an addition on her house to m= ake improvements and made no qualms about it.&= nbsp; It sounds like I have an open yard, both DiVito and Foell are in the back, the rear, which they don’t even see my garage because I have probably about a 50 foot buffer of woods that you can’t really see. Mr. DiVito’s house is surrou= nded by Pine Trees that you cannot see, so on the grounds that he came up here a= nd argued about the zone, that’s an issue about the zoning. I don’t believe he’s ar= guing, cause he can’t see it. It’s not something that it&#= 8217;s going to bother him or affect his yard, I think it’s a zoning issue t= hat he has.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #821 – TODD AND NICHALENE GENOVESE

APRIL 26= , 2006

Page 7

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As far as Foell, I hav= e no idea why that, it may be the same situation, Lexington was an older neighborhood, Concord where I live is a newer neighborhood, (inaudible) subdivision and Bushka had built the house and there were some requirements that the house be over 2,600 square feet, my house is 2,800 square feet and I’m just trying to upkeep my yard.&n= bsp; I have a plow truck that I use for my driveway and I have a boat, I = just don't want to leave all this stuff outside on my lawn, I think it looks sor= t of junky, so I’m trying to add to it, it’s going to increase the v= alue of my house and my neighborhood, and I’m going to pay more taxes, so = I don’t see the problem. I'm meeting = all of the requirements and I’m doing the best that I can to keep my property looking good and keeping its value for the neighborhood and I don’t t= hink there's ever been a problem with anything besides that. Like I said, I’m surrounded = by woods and I just don’t know why there would be an issue as far as visibility because there shouldn’t be, and they can’t see it so= I just need to see more justification of why it bothers him, not just because they don’t want it because they’ve been there for years, that’s we have newer houses here and we want to house our stuff and t= ake care of our property. Thank y= ou.

Mr. Rafey: Do you want to go and= look at this before you make a decision?

Mr. Sarandrea: Yea, we’ll go = look at it. You’ll have to s= take out where this garage is going to go, so we’ll know and he’ll l= et you know when we’re going to come out there.

Mr. Genovese: = Do I need to get lette= rs or anything from my two adjoining, the people that obviously are going to be mostly affected, like the Peschell’s and Bushka’s live on the o= ther side. I have no problem doing= that because I have spoken to both of them.

Mr. Sarandrea: The more you have on record, the better it is for you.

Ms. Bisson: Right now you’v= e got two negative, so two positives wouldn’t hurt.

Mr. Sarandrea: And we’ll come= out and look at it.

MOTION: &= nbsp;     (Mr. Roger, sec. Mr. Mitchell) to Table the Public Hearing for Application #821 = of Todd and Nichalene Genovese request for a variance of 12.5 feet to a side y= ard property line setback to permit the construction of a detached garage at 480 Concord Drive, Watertown, CT.

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #821 – TODD AND NICHALENE GENOVESE

APRIL 26= , 2006

Page 8

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Public Hearing Closed at 8:03 p.m.

Respect= fully submitted,

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Enrico Sarandrea, Chairman

Zoning = Board of Appeals

  &nbs= p;         _________________= _________________

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