beagenda

MINUTES

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WATERTOWN ZON= ING BOARD OF APPEALS

CONTINUATION OF PUBLIC HEARING

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WEDNESDA= Y, FEBRUARY 28, 2007 - 7:30 P.M.

WATERTOW= N HIGH SCHOOL TECHNOLOGY CENTER

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APPLICATION #843 - GIUSEPPE POLLET= TA

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PRESENT: &= nbsp; &nbs= p; &= nbsp; Bruno Disisto, Secretary

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

            =             &nb= sp;            =             &nb= sp;          Roger Mitchell

  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;       Enrico Sarandrea, Chai= rman

ABSENT:            =             &nb= sp;            =       Phil Roger

ALTERNATES PRESENT:<= span style=3D'mso-tab-count:2'>        &= nbsp;     Gary Swingle

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; Cynthia Tun

ALTERNATES ABSENT:            &= nbsp;   None

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 7:30 p.m.

2.     &nb= sp;   Roll Call

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

            Mr. Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Roger, in his abse= nce.

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

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1.&n= bsp;            = ;     The applica= nt or his representative will make his formal presentation to the Board stating h= is specific hardship and precisely why this merits a variance from the Zoning Regulations of the Town of Wat= ertown.

2.&n= bsp;            = ;     All comment= s, 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, and for clearer legal transcription.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 2

3.&n= bsp;            = ;     All persons addressing the Commission shall begin by first clearly stating their name a= nd address for the record. If necessary, the person may be asked to spell his or her name for the record.=

4.&n= bsp;            = ;     Following t= he presentation of the application, the Zoning Board of Appeals will ask speci= fic questions of the applicant.

5.&n= bsp;            = ;     After the B= oard has asked its questions of the applicant, I shall then allow members of the public who wishes to speak either in favor of this application or against i= t to address the Board.

6.&n= bsp;            = ;     I shall then allow the applicant to respond to the comments of the members of the general public.

7.&n= bsp;            = ;     I shall then allow any members of the general public who wish to present any additional information or clarifying discussion to do so.

8.&n= bsp;            = ;     I shall then provide an opportunity for the applicant to respond to these additional rem= arks if he or his representative so wishes.

9.&n= bsp;            = ;     The Zoning = Board of Appeals has thirty-five (35) days from the date the Public Hearing comme= nces to complete the Public Hearing. The Board may ask the applicant for a thirty-five (35) day extension of the Pub= lic Hearing period if the Commission requires any additional information or wis= hes to schedule a site walk to observe the situation for th= emselves.

10.&= nbsp;           &nbs= p; The Zoning = Board of Appeals has sixty-five (65) days from the date when the Public Hearing is closed to render its decision. The Board may or may not make its decision tonight at its Regular Meeting follo= wing the Public Hearing.

11.       You m= ay stay for the Regular Meeting if you wish or you may leave at the end of the Public Hearing and contact the Zoning Office the following morning to deter= mine the status of your Application.

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3.         Hearing of Cases=

        &= nbsp;   A.        Continuation of the Public Hearing from January 24, 2007 - Application #843 of Giuseppe Polletta for two variances of Sections 6.7.1 and 71.6.6 of the Watertown Zo= ning Regulations to permit the expansion of an existing non-conforming structure= and use located at 36 Zoar Ave= nue, Oakville, CT.

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        &= nbsp;   The Public Hearing must be Closed by February 28, 20= 06 unless applicant grants an extension of time.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 3

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<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Joe Polletta, 262 Tucker Avenue Extension, Oakville= , CT <= st1:PostalCode w:st=3D"on">06779

Mr. Polletta: As of last month I presented my hardship, however I would like to thank each and every one of = you for coming to the field trip tonight #1, to see our building and to see the= way we keep the grounds. Since th= e last meeting I had a meeting with the Zoning Enforcement Officer and the Chairma= n of the Planning and Zoning Commission and at this time I would like to withdra= w my application, and I do have a letter that I would like to give to the Chairm= an for the record.

Mr. Swingle, Acting Secretary, read aloud the following letter for the record as follows:

"To the Zoning Board of Appeals

Mr. Chairman:

After I met with the Planning and Zoning Enforcement Officer and Chairman of the Planning and Zoning Commission regarding the property at 36 Zoar Avenue I decided at this ti= me to withdraw my application.

Sincerely,

Joe Polletta"

Mr. Sarandrea: Do we have to take any action?

Mr. Rafey: = On this one, Mr. Chairman, there ar= e 2 letters that you received in your packet from the Chairman of the Planning = and Zoning Commission. Since they= were submitted before this, they are part of the record, if you want to read it = into the record and then you can close the public hearing.

Mr. Swingle, Acting Secretary, read aloud the following letters for the record = as follows:

"February 9, 2007

Re:       Giuse= ppe Polletta

        &= nbsp;   January 10, 2007

        &= nbsp;   Use Variance Application

        &= nbsp;   36 Zoar Avenue

Dear Mr. Sarandrea and Board Members:

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 4

The Watertown Planning and Zoning Commission has reviewed the above captioned Z= oning Board of Appeals use variance referral in compliance with Watertown Zoning Regulations 71.6.7 "prior to a public hearing on any application for u= se variance the Zoning Board of Appeals shall submit the application to the Commission for its review and comment.&nbs= p; In a report submitted by the Commission to the Zoning Board of Appea= ls shall be read into the record of the public hearing of the subject applicat= ion." On February 7, 2007 Planning and Z= oning discussed this use variance in order to abide the Zoning Board of Appeals a= nd deny Mr. Polletta's application to expand use of his non-conforming Zoar Avenue property. The property at 36 Zoar Avenue is zoned R-G General Residential, the present use of the property is non-conforming to the zone. T= his property changed zones in 1993 from IG-80, General Industrial to its present R-G General Residential. The present use is allowed to continue. The use is not allowed to expand either as a new use or an intensification of the present use. Watertown Zoning Regulations 6.6 state "where the lawful use of land exists at the effective date of adoption, where amending of these regulations, which is no longer permitted under the provisions of these regulations as enacted or amended, such use may be continued so long as (in= audible) otherwise lawful subject to the following provisions:

Watertown Zoning Regulations 6.6.1: such non-conforming use shall not be enlarged or increased or extended to occupy= a greater area of land that was occupied at the effective date of adoption or= amendment of these regulations.

Watertown Zoning Regulations 6.6.2: suc= h non-conforming use shall not be moved in whole or in part to any portion of the land other than that occupied by such use at the effective date of adoption or amendme= nt of these regulations.

Watertown Zoning Regulations 6.6.4: no non-conforming use of land shall be changed to another non-conforming use.<= o:p>

Watertown Zoning Regulations 6.7.1: suc= h non-conforming structures shall not be enlarged or altered in any manner which extends or increases the non-conformity but may be altered to decrease the non-conform= ity.

Two variances in 1994 and 1998 were granted by the Z.B.A. to this 36 Zoar Avenue property which expanding non-conforming use by 2,088 square feet and 2,008 square feet.

Watertown Zoning Regulations Section 71: the zoning regulation require that prior to a public hearing on any application= for a use variance, the Planning and Zoning Commission must review the request = and report back to the Zoning Board of Appeals. The report of the Planning and Zon= ing Commission must be read into the record of the Zoning Board of Appeals Publ= ic Hearing.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 5

A copy of the application has been submitted to the Planning and Zoning Commi= ssion for their review and comments. The Commission will review the application during their regular meeting on Febr= uary 7th, 2007."

Respectfully P & Z reminds the Zoning Board of Appeals of Watertown's Zoning Regulat= ions 71.7.4: previous variances gr= anted by the Zoning Board of Appeals shall not be considered precedence for new variances.

Watertown Zoning Regulations 71.6.6: no variance shall be granted by the Zoning Board of Appeals which would permit= the expansion of non-conforming uses.

Mr. Polletta stated on the record at the February 7, 2007 P & Z Meeting that his requested variance wished to expand the use of the non-conforming property. (Inaudible) to the = logic of Mr. Polletta's reasoning why this use variance should be granted by Z.B.= A. given the fact that he stated to Planning and Zoning and acknowledged that = this use variance application is an expanded use of the non-conforming property. Mr. Polletta told t= he P & Z that he agrees in principle with the prohibition of expanded uses on non-conforming properties, followed by stating with (inaudible) that proper= ty owners who own non-conforming properties prior to (inaudible), and this property is non-conforming, should be exempt from the prohibition of expand= ed use. Mr. Polletta stated zone changes for a non-conforming use should be applied to new property owners w= ho acquired the property after the zone change. This exemption is not in the Water= town Regulations or elsewhere (inaudible).

The Motion that was approved by Planning and Zoning on February 7, 2007 is:

The Planning and Zoning Commission does not encourage or support the expansion = of non-conforming uses and structures. The intent of the zoning regulations is to permit non-conforming uses and structures to continue until they are moved, but not to encourage their= survival. It is further the intent of the Zo= ning Regulations that non-conformities shall not be enlarged or expanded or extended as such= a change would increase the non-conformity nor bas= ed on grounds of adding other structures or uses prohibited elsewhere in the same district. The Zoning Board of Appeals should document all current uses in the area of the high volume building are documented in the record, so there's no expansion of existing, non-conforming uses. Planning= and Zoning requests Z.B.A. deny this January 10, 2007 variance application to expand a pre-existing non-conforming use and building of 36 Zoar Avenue, Oakville, CT.

Sincerely,

David Minnich, Chairman

Planning and Zoning Commission"

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 6

"To the Zoning Board of Appeals

Re:       Appli= cation #843

February 8, 2007

At the Town of Watertown Planning= and Zoning Commission regular meeting held on February 7, 2007 the Commissi= on reviewed the Zoning Board of Appeals application of the expansion of a non-conforming use at 36 Zoar Avenue in an R-G General Residential Zone. In accordance with Article VII, Section 71.6 of the Zoning Regulatio= ns the Commission made the following recommendations to be read into the recor= d at the Zoning Board of Appeals Public Hearing:

The Planning and Zoning Commission does not encourage or support the expansion = of non-conforming uses and structures. The intent of the zoning regulations is to permit non-conforming uses and structures to continue until they are moved, but not to encourage their= survival. It is further the intent of the Zo= ning Regulations that non-conformities shall not be enlarged or expanded or exte= nded as such a change would increase the non-conformi= ty nor based on the grounds of adding other structures or uses prohibited elsewher= e in the same district. The Zoning= Board of Appeals should document all current uses of the building for the record.=

Ruth Mulcahy

Zoning Enforcement Officer"

Mr. Swingle: Did this ever happen before? Did we ever get a ref= erral from Planning and Zoning before?

Mr. Sarandrea: No, not that I know of= .

Mr. Rafey: No, it did happen, Mr. Chairman. It's in the Zoning Regulations that if there is any application in front of the Zoning Board of Appeals for a use variance, the application has to be sent to the Planning = and Zoning Commission for their review and they will comment on the application, and the Zoning Board of Appeals must read those comments into the record of= the public hearing. Yes, this hap= pened in the past, but this Board will decide on their own, based on the informat= ion that they received from the applicant, and their own judgment.

Mr. Swingle: Just for my own curios= ity, did Mr. Polletta actually have to go to Planning and Zoning?

Mr. Rafey: No, they had a meeting= in the Planning and Zoning Office and Mr. Polletta met with Mr. . . . .

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 7

Mr. Swingle: So it wasn't at a meet= ing?

Mr. Rafey: No, with Mr. Minnich a= nd Ms. Mulcahy. Actually Mr. Pol= letta went to one of the meetings.

Mr. Polletta: (Inaudible?)

Mr. Swingle: Yea, if you would. It sounds like they were asking yo= u (inaudible) meeting.

Mr. Polletta: Well yes, what happene= d, every time you have a non-conforming situation, Plannin= g and Zoning recommends not to extend the existing zoning. If I was sitting on Planning and Z= oning I would say exactly the same thing, not to extend, they do not encourage th= e expansion, however it's up to this Board to make the decision. They asked me quest= ions and one of the questions was how come you got two extensions. Actually it was not two, it was on= e, because the first extension I had a metal building in the rear of this whic= h was a bomb shelter and we took exactly the same square feet, like I explained l= ast month, of the square feet of the metal building, I took down the metal buil= ding and I put a masonry building to make the property look better, so I got one variance from this Board. So basically their recommendation to you is they encourage not to extend non-conforming.

Mr. Rafey: Just for the public, M= r. Polletta withdrew his application and there is no reason to continue this public hearing. If for any re= ason in the future Mr. Polletta wants to apply for another variance, the Board w= ill hold another public hearing and all the neighbors will be notified.

Unidentified Woman in Audience: Well I was told the (inaudible) notified they hadn't told them about it.

Mr. Rafey: Only the properties th= at abut Mr. Polletta.

Unidentified Woman in Audience: I understand, but it affects the whole neighborhood and that's the only reaso= n my other neighbors have come out.

Mr. Rafey: = There will be a legal notice in the= paper and that's why we advertise in the newspaper, and that's in the Town Times,= I think every member of this community receives the Town Times, just look for legal notices, or you can call the Planning and Zoning Office in the future= to find out if Mr. Polletta is applying for another variance application.=

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Stan Rukowski, 19 Zoar Avenue, Oakville, CT&nbs= p; 06779

Mr. Rukowski: Thank you so much. (Inaudible.)

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #843 - GIUSEPPE POLLETTA

FEBRUARY= 28, 2007

Page 8

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Mr. Sarandrea: We really didn't do anything.

MOTION: &= nbsp;     (Mr. Mitchell, sec. Mr. Griffith to Close the Public Hearing for Application #84= 3 of Giuseppe Polletta for two variances of Sections 6.7.1 and 71.6.6 of the Watertown Zoning Regulations to permit the expansion of an existing non-conforming structure and use located at 36 Zoar Avenue, Oakville, CT.

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

Public Hearing Closed at about 7:45 p.m. (no time given).

Respect= fully submitted,

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Enrico Sarandrea, Chairman

Zoning = Board of Appeals

  &nbs= p;         _________________= _________________

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