beagenda

MINUTES

&nb= sp;

WATERTOWN ZON= ING BOARD OF APPEALS

PUBLIC HEARING

&nb= sp;

WEDNESDA= Y, MAY 24, 2006 - 7:30 P.M.

WATERTOWN HIGH SCHOOL TECHNOLOGY CENTER

&nb= sp;

APPLICATION #824 – MICHAEL MARKIEWICZ

&nb= sp;

&nb= sp;

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

            =             &nb= sp;            =             &nb= sp;          John Griffith, Vice Ch= airman

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

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; Phil Roger

ABSENT: &nb= sp;            =             &nb= sp;            =     Enrico Sarandrea, Chai= rman

ALTERNATES PRESENT:            = Gary Swingle

ALTERNATES ABSENT:            &= nbsp;   Chris Lafferty

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

&nb= sp;

1.         = Call Meeting To Order

            Mr. Griffith, Vice Chairman, Called the Public Hearing to Order at about 8:15 p= .m. (no time given).

2.     &nb= sp;   Roll Call

            Ms. Bisson, Secretary, executed the Roll Call.

3.         Hearing of Cases=

        &= nbsp;   D.        Application #824 of Michael Markiewicz request for a 4 sign variance for Advanced Auto Parts Store at 1333 Main S= treet, Watertown, CT in a B-G General Business Zoning District.

&nb= sp;

        &= nbsp;   Recess or Adjourn, the Public Hearing, must be Closed b= y June 8, 2006 unless applicant grants a time extension.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #824 – MICHAEL MARKIEWICZ

MAY 24, = 2006

Page 2

&nb= sp;

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

“Legal Noti= ce

The Zoning Board of Ap= peals of the Town of Watertown, CT will hold a Public Hearing on Wednesday, May 24, = 2006 at 7:30 p.m. in the Watertown High School Technology Center, 324 French Street, Watertown, CT on the following application:

Application #824 of Mi= chael Markiewicz, 6001 Nintz Par= kway, South Bend, IN Sign Agent for Advanced Auto Parts Store, 1333 Main Street, Watertown= , CT request for the follow= ing variances of Section 62 of the Watertown Zoning Regulations entitled SIGNS:=

= 1.      A variance of 32 squar= e feet to construct a wall sign of 80 square feet on the building. Section 62.7.6= .c(3) permits the maximum wall signage of 48 square feet in area on one wall of a building.

= 2.      A variance of 32 squar= e feet to construct an additional wall sign of 80 square feet on a second wall of = the building. Section 62.7.6.c.(3) permits the maximum wall signage of 48 square fee= t in area on only one wall of a building.

= 3.      A variance of 84 squar= e feet to construct a freestanding pylon sign of 108 square feet in area. Section 62.7.6.c (1) permits one f= reestanding sign which shall not exceed 24 square feet in area.

= 4.      A variance of 10 feet = in height to construct a freestanding pylon sign 25 feet in height. Section 62.4.4a permits the height= of a freestanding sign in a non-residential zoning not to exceed the height of t= he building to which the sign relates or a height of 15 feet, whichever is les= s.

The variances are requ= ested for the Advanced Auto Parts Store currently under construction located at <= st1:address w:st=3D"on">1333 Main Street, Watertown, CT in a B-G General Busin= ess Zoning District.

At this Hearing intere= sted persons may be heard and written communications will be received. A copy of the application is on fi= le in the Planning and Zoning Office, 51 Depot Street, Suite 502, Watertown, CT from 8:00 a.m. to 5:00= p.m. Monday through Friday or by appointment.&n= bsp; Please call 860-945-5266.

Da= ted at Watertown, Connecticut this 13^th day of May, 2006.

Da= ted at Watertown, Connecticut this 18^th day of May, 2006.

Mary Bisson, Secretary=

Zoning Board of Appeals”

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #824 – MICHAEL MARKIEWICZ

MAY 24, = 2006

Page 3

&nb= sp;

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Michael Markiewicz, 6001 Nintz Parkway, South Bend, IN

Mr. Markiewicz: I’m here presenting Advanced Auto Parts. If I may, I’d like to amend = the application and reduce the number of variances. Is that possible?

Mr. Rafey: = You can reduce it, yes, but not inc= rease it.

Mr. Markiewicz: I = have some artwork I’d like to hand out if that’s possible.

Mr. Griffith: Can you address= each one of these 4 and tell us which one you want to change?

Mr. Markiewicz: Certainly. Essentially we’re only going= to be doing one wall sign and we’re reducing the size of it, seeking relief= for 8 additional square feet. And= the freestanding sign, we’re seeking relief for an additional 24 square feet and it wi= ll be a 10 feet oversized so it’s within code. I have some art renderings for you= to see.

Mr. Rafey: And the wall sign = will be 54 square feet?

Mr. Markiewicz: The wall sign= is 56 and we’re only giving you one wall sign on the front elevation.

Mr. Mitchell: So you’re changing #1 from 80 square feet to 56 square feet?

Mr. Markiewicz: That’s correct.

Mr. Griffith: And #2 is elimi= nated?

Mr. Roger: And #4 is eliminat= ed.

Mr. Markiewicz: Correct.

Mr. Roger: So the variance on #3 would be 32 = square feet?

Mr. Markiewicz: 24.

Ms. Bisson: But only 10 feet = high instead of 15?

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #824 – MICHAEL MARKIEWICZ

MAY 24, = 2006

Page 4

&nb= sp;

Mr. Markiewicz: Correct. And essentially it will be like mo= nument style. It’s just a gene= ric color you see there. We’= ;d be willing to do call it (inaudible) monument. For some reason, justification tha= t were presented to the Board with the application our proposed wall sign was consistent size that we use throughout the country and as a result (inaudib= le) Advanced Auto Parts, additional square footage not allowed by code as requested, in this case 8 square feet, (inaudible) a legible message for motorists attempting to locate our store.&= nbsp; We believe that will increase traffic safety on Main Street. Another unique aspect of Advanced = Auto Parts is our clientele. Unlik= e a grocery store or restaurant or gas station, our customers do not frequent o= ur property on a weekly basis, often only visiting 1 to 2 times a month and the sign is a crucial way of finding tools for those customers to locate our st= ore.

Mr. Griffith: Are you finishe= d, Mr. Markiewicz?

Mr. Markiewicz: Yes.

Mr. Griffith: Does anybody on= this Board have any questions?

Ms. Bisson: I see no reason w= hy you can’t abide by the 48 square feet; it’s only 8 feet difference = and I would go along with the addition of the freestanding sign as long as you brought it down 10 feet to the property height.

Mr. Markiewicz: To 10 feet, y= ou mean?

Ms. Bisson: Yes. 15 feet was a little bit much.

Mr. Markiewicz: Agreed.

Ms. Bisson: We had the same p= roblem with the Ford Company when they wanted a taller one, we made them bring it down.

Mr. Rafey: The Zoning Regulat= ions permit 15 feet maximum height, but they were asking for 25 feet originally. Now you’re reducing it to 10 feet?

Mr. Markiewicz: Correct. The sign will be 10 feet, we’= ;re just requesting an additional 24 square feet.

Mr. Rafey: Then you don’= ;t need a height variance.

Mr. Mitchell: Is that going t= o be in the driveway?

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #824 – MICHAEL MARKIEWICZ

MAY 24, = 2006

Page 5

&nb= sp;

Mr. Markiewicz: Yes, right by= the entranceway.

Mr. Mitchell: But it’s = not going to be in the driveway hanging over where a truck coming in is going to take= it out, is it?

Mr. Markiewicz: No, definitel= y not.

Mr. Rafey: And this has to be= 10 feet minimum from any property line on the property.

Mr. Markiewicz: I understand.=

Mr. Griffith: Is there any ot= her questions from the Board? Any comments form the public?

Mr. Rafey: There was a letter= from one member of the public at my office.

Mr. Swingle read aloud the following letter fo= r the record?

&#= 8220;Dated May 18, 2006

De= ar Mary:

Re= garding Applicant #824, Advanced Auto Parts Store, I am asking the Board to deny th= is application. Watertown has lax sign zoning at best.<= span style=3D'mso-spacerun:yes'> This application is an insult to t= he Town. I also have spoken to y= ou on businesses posting signs on telephone poles and now we have sandwich boards everywhere and what is large flags at Dunkin Don= ut, the point being Watertown is going the way= of Waterbury with vis= ual pollution everywhere. LetR= 17;s enforce existing zoning laws. Thank you.

Tom Swink”

Mr. Roger: So just go over it again, the first variance is going to be 56 square feet and the variance that’s listed here as #3 will be how many square feet?

Mr. Markiewicz: 24. The first one is actually for 8 sq= uare feet; our sign is 56 square feet so a variance of 8 square feet.

Mr. Rafey: The zoning regulat= ions permit maximum of 48 square feet wall sign, they’re asking for a 8 foot variance to get to 56 square feet.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #824 – MICHAEL MARKIEWICZ

MAY 24, = 2006

Page 6

&nb= sp;

Mr. Roger: And then the second variance is how many extra square feet?

Mr. Rafey: The second one they withdrew.

Mr. Griffith: The third on is= 24.

Mr. Roger: Right, it permits = 24 square feet. How much extra i= s he . . . .

Mr. Markiewicz: 24 additional, 48 total.

Ms. Bisson: Can freestanding = signs be 48, Moosa?

Mr. Rafey: 24 feet is allowed= by the regulations, they’re asking for a 24 foot variance.

Mr. Roger: How far is this si= gn going to be from the street?

Mr. Rafey: Minimum 10 feet fr= om the property line, wherever the property line starts.

Mr. Swingle: Do we know how f= ar the property line is from the pavement?

Mr. Roger: When you say minim= um of 10 feet from the property line, is that from the base of the sign, cause the sign has an overhang on it?

Mr. Rafey: Any part of the si= gn must be 10 feet from any property line.

Mr. Markiewicz: The site line= has the sign 10 feet from the front property line and 18 feet from the side property line.

Mr. Swingle: But do you know = what the distance is, not on your property but from your property line to the pavement?

Mr. Markiewicz: No, I do not = know that, I’m sorry. That w= as just the setback for the sign.

Mr. Swingle: Sometimes there&= #8217;s quite a large distance from the taking line to the pavement line.

Mr. Griffith: You’ve go= t a 5 foot sidewalk?

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #824 – MICHAEL MARKIEWICZ

MAY 24, = 2006

Page 7

&nb= sp;

Mr. Rafey: I don’t know= how wide the right of way is, that’s a State road, not a local Town road. The Town of Watertown’s right of way is usual= ly 50 feet wide, but this is probably more than 50 feet.

Mr. Swingle: I wouldn’t= be surprised, I’m just curious how far from the pavement, like from the gutter to the taking line, sometimes that can vary quite a bit.

Mr. Markiewicz: (Inaudible) b= ut it's not called out.

Mr. Rafey: Probably 15 feet m= ore.

Mr. Swingle: Yea, that’= s my question, cause that has to be quite a distance = in.

Mr. Markiewicz: Yea, the sign can even be moved ba= ck in farther actually closer to the parking lot.

Mr. Griffith: Any other comme= nts or questions?

MOTION: &= nbsp; (Ms. Bisson, sec. Mr. Mitchell) to Close the Public H= earing for Application #824 of Michael Markiewicz request for a 4 sign variance for Advanced Auto Parts Store at 1333 Main Street, Watertown, CT in a B-G General Business Zoning District.

Discussion: None<= o:p>

MOTION PASSED UNANIMOU= SLY

Public Hearing Closed at about 8:30 p.m. (no time given).

Respect= fully submitted,

&n= bsp;

John Griffith, Vice Chairman

Zoning = Board of Appeals

&nbs= p; _________________= _________________

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