beagenda

MINUTES

&nb= sp;

WATERTOWN ZON= ING BOARD OF APPEALS

PUBLIC HEARING

&nb= sp;

WEDNESDA= Y, MAY 23, 2007 - 7:30 P.M.

WATERTOW= N HIGH SCHOOL TECHNOLOGY CENTER

&nb= sp;

APPLICATION #849 - JOSEPH YAMIN

&nb= sp;

&nb= sp;

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

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

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

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

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

ABSENT:        &= nbsp;           &nbs= p;            &= nbsp;         None=

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

ALTERNATES ABSENT:            &= nbsp;   Cynthia Tun

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

&nb= sp;

1.         = Call Meeting To Order

            Mr. Sarandrea, Chairman, Called the Public Hearing to Order at 10:05 p.m.<= /o:p>

2.     &nb= sp;   Roll Call

            Mr. DiSisto, Secretary, executed the Roll Call.

            Mr. Roger, Acting Secretary, read aloud the Legal Notice for the record, as follows:

"Legal Notice

            The Zoning Board of Appeals of the Town of Watertown will hold a Public Hearing at 7:30 p.m. on Wednesday, May 23, 2007 at the Watertown High School Technology Center, 324 French Street, Watertow= n, CT to hear and act upon t= he following application:

            Application #849 of Joseph Yamin request for a variance of 11= feet to a side yard property line setback and a variance of 6 feet to a rear yard property line setback to permit the construction of an addition and a deck = at 34 Caruso Drive, Watertown, CT in an R-30 Residential Zoning District.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 2

            Section 23.5.3.c of the Watertown Zoning Regulations requires minimum 20 feet side = yard property line setback and Section 23.5.3.b requires minimum 50 feet rear ya= rd property line setback for a principal building in an R-30 Residential Zoning District.

3.         Hearing of Cases=

        &= nbsp;   E.         = Application #849 of Joseph Yamin for two variances of the Watertown Zoning Regulations concerning side and rear yard property line setbacks to permit the construc= tion of an addition and a deck at 34 Caruso Drive, Watertown, CT.

&nb= sp;

        &= nbsp;   The Public Hearing must be Closed by June 27, 2007, = unless applicant grants an extension of time.

&nb= sp;

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Pasquale Salvatore, At= torney Representing Applicant

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>

Atty. Salvatore: As indicated in the application, we're requesting 2 variances this evening. One is from a 50 foot to a 44 foot= rear yard and we're required 20 feet to a 6.5 foot side yard. Currently the house that exists is= a pre-existing non-conforming use and the addition to the home will actually be less non-conforming. The intention= is to reconstruct the home and make an addition to it and if I may approach, I ha= ve some photographs of the home as it exists, photos #1 through #7 which will = be entered into the record this evening. Photo #1 is the home as it currently exists from the front. As you can see it's an L shaped ho= me, pretty dilapidated and practically uninhabitable. The intent is, Mr. Meyers will exp= ound on that, but the intent is to essentially square off the front of the home, raise it to construct a two bedroom with a 2 car garage. Again the side yard variance, once= the addition is added of course the side yard at the furthest portion will be 6= .5 feet, but then the addition is added it will be less than that.<= /span>

As far as why the variance is requested, the structure as it exists as you can= see is in poor shape, it's built in 1958, it's unique in that the topography of= the lot is a steep grade to get up onto the driveway and we believe that the gr= anting of this variance will be in harmony with the general characteristics of the neighborhood. As you can see = Photo #7 shows the home directly across the street, #6 shows the home to the nort= h, #5 shows the home to the south, and #4 is just s= o you can see the relationship (inaudible). With that being said, we believe that will be in harmony with the re= st of the neighborhood, the homes in the neighborhood, we certainly will incre= ase property values and request that the variance be granted.=

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 3

&nb= sp;

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Terry Meyers, Professi= onal Engineer and Land Surveyor

Mr. Meyers: We prepared the site plan and septic plan, we did the testing. Bob Smith has ap= proved the septic system. The lot is unusual in the fact that it's 75 x 195.&nb= sp; If you look at where the existing house is located on the lot, the b= lue section that's cross patched with that whatever it is,<= /span> canopy in the back that you saw in the pictures is located here. The house again is L shaped, there= is an existing carport that sits to the north on like 4 piers or something, that's going to be removed, which will make it a much better looking piece of property. The house itself th= at's proposed will actually be more conforming than the current foundation, we're going to utilize the existing foundation, walls, on the rear and on the side and the house (Tape #3, Side A ended - may have missed some). You can see that the house is goin= g to be much more consistent with the neighborhood and the house that's located = to the south is 2 stories with garages in the front. This would be a similar thing with= the living area on the upper area, and that's the area for putting the deck, cause the deck, if you look at it to the rear, would be sitting up on the second floor. This is the view from the right side, so you see the deck which woul= d be on the far end of the house, and I think it's definitely a much better situation than what the current one is and again it's only a 2 bedroom house which is consistent with what's currently there, because in order to build = a 3 bedroom, we would have to totally, the septic would not comply with the Pub= lic Health Codes, as far as spread, et., because of the shape and size of the l= ot being many, many years ago. T= hat's basically the situation with the floor plans.

&nb= sp;

Atty. Salvatore: We submitted, Mr. Rafey, do you hav= e the . . . .

&nb= sp;

Mr. Rafey: No, you didn't give it= to me. You probably gave it to t= he Building Department.

Mr. Roger: When coming off of Caruso Drive, is this to the right or the left?

Mr. Meyers: On the right.

&nb= sp;

Atty. Salvatore: We're going to submit = this set of plans to you this evening.

Mr. Meyers: And again the septic h= as been approved by the Health Department.

&nb= sp;

Mr. Swingle: How about the note here that you're looking for a variance from (inaudible), has that been taken ca= re of?

Mr. Rafey: We didn't receive the approval from Bob Smith, he said that he sent it= to the State Health Department for a variance.

&nb= sp;

Mr. Meyers: Not that I know of. As far as I knew he was all set wi= th the system.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 4

&nb= sp;

Mr. Rafey: No, he didn't give it = to me.

Atty. Salvatore: Actually Mr. Smith indicated that he . . . .

Mr. Rafey: If the Commission want= s to make a decision, it can be subject to.

&nb= sp;

Atty. Salvatore: We request that it . .= . .

Mr. Swingle: He's looking for a separation of a variance, for a separation of a well.

&nb= sp;

Mr. Meyers: Well there is an old w= ell and we show a proposed location for a new one, that wouldn't conflict with = the neighbor's well. If you notic= e on our plan, we located the neighbor's well and septic system to make sure that we're . . .

Mr. Rafey: Bob Smith told me he s= ent it to the State Health Department for a variance.

&nb= sp;

Mr. Meyers: I mean we were short I think from the existing well because it was right in the front of the house= , we were short like 10 feet and to be honest with you I got a variance similar = to that from the State Health Department for my mom's cottage.

&nb= sp;

Mr. Griffith: And the septic has to = be repaired?

&nb= sp;

Mr. Meyers: Yea, that septic, it's going to be a brand new system, but it's limited= area because we don't want to get it near the lake, we want to get it as far as possible.

Mr. Mitchell: Are you on the lake si= de?

&nb= sp;

Mr. Meyers: We're across the street. This is the only suit= able area for the system, which is the rear of the property, and there are other people's wells, the next door neighbor who did a similar thing apparently a= fter speaking with him earlier, he built a new house next door and you saw the pictures of that, and his well is in the front so we could not put our sept= ic system there, so we have a limited amount of area behind the house and that= 's where we are proposing it.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 5

&nb= sp;

Atty. Salvatore: In addition we sent th= ese certifications to the neighbors and we actually got a response in writing which I'm going = to submit as part of our application this evening. (Inaudible) certified mailings to = the abutters and the property directly across the street as well as a response = from Mrs. Leonard Fasano, 62 La= ke Winnemaug Road, at the bottom, she returned my= letter to her and said: "Atty. = Salvatore, we are fine with the variance, we will not attend the public hearing, Diane Fasano." I'd like to sub= mit both of those. We have nothing further this evening.

Mr. Sarandrea: Does anyone have any questions? Is there anyone in= the public who wishes to speak for or against this application?

&nb= sp;

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Carl Wagner, 28 Caruso Drive, Watertown, CT&nbs= p; 06795

Mr. Wagner: 17 years ago I bought = the adjoining property to the south of this property and at that time I got a septic system, engineer designed, and the well, what I wanted to do was add onto an existing house that was there and I was told that I could not, I was told by Stanley Masayda and Mary Greene at the time, we're going back a few years, that I would have to move the existing structure into compliance with zoning, and I asked for a variance and they said there was no way that that would be granted. That's why = there is zoning, you have to comply with the setbacks and the sides and everything like that, so that's what I did, I moved the existing structure into the mi= ddle of the lot, I used half of the foundation, I was more than 70 feet from the adjoining property that they're talking about now, and I built a new home there. I'm all for putting a = new home next door to mine, I just have some concerns. Atty. Salvatore said that the new building is going to be more in conformance with zoning than what the exist= ing structure is now. I don't understand how that is.

Mr. Rafey: I t think the addition will be further away from the side property line.

&nb= sp;

Mr. Wagner: Cause right now it's l= ike 6.5 feet.

&nb= sp;

Mr. Rafey: Yes, and it will go further away from the property line.

Mr. Wagner: Further away?

&nb= sp;

Mr. Roger: Yea, the way we can se= e it now, the house is not situated on the property squarely, so this is actually going to be further away than the part that is only 6 feet from the property line.

Mr. Wagner: Right, but it's still = not going to be 20 feet away for an R-30 zone.

&nb= sp;

Mr. Rafey: No.<= /p>

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 6

&nb= sp;

Mr. Wagner: So my question is back then, 17 years ago when I went to Stanley Masayda and Mary Greene at the ti= me. . . . .

&nb= sp;

Mr. Roger: Did you submit a formal application before the Zoning Board of Appeals for a variance or they just = told you it wouldn't be granted?

Mr. Wagner: I submitted a formal zoning.

&nb= sp;

Mr. Sarandrea: You were denied by the Board at a meeting?

Mr. Wagner: No, I was told it would never go through. I'm just as= king.

&nb= sp;

Mr. Roger: It's a different Board= and it's a different time.

Mr. Wagner: I understand that. So I'm just, my concerns are my we= ll in the front, the front yard, I believe that well is going to be right off to = the side of mine, there's also my power coming in on that side. Northeast Utilities has a right of= way in between both property lines, where I believe the garage is going. Is that correct?=

&nb= sp;

Mr. Sarandrea: (Inaudible) variance?<= o:p>

Mr. Wagner: Also the septic system= , a 2 bedroom house in such a small area is . . . . and to where my well is compared to (inaudible).&= nbsp; I'm not against it, I just have concerns.

&nb= sp;

Mr. Roger: = Torrington Health will check it = out and if it's not in accordance with what they believe is going to be safe, they're not going to approve it.

Mr. Sarandrea: Or they'll tell them to move it or do something.

&nb= sp;

Mr. Meyers: (Inaudible) on the rec= ord.

&nb= sp;

Mr. Wagner: (Inaudible.)

Mr. Meyers: That's the overhang, the existing (inaudible) will be removed. Mr. Wagner questioned as to what t= his was, and it's the existing overhang that will be removed, we still have the pict= ures and it's really ugly, but it definitely is being removed as well as removing the carport. We just showed a possible well location, we can move that this way too, we have plenty of ro= om to do that, we can put it any place in the front. You've got 20 feet, you know we ha= ve to keep the septic system 75 feet from the well and that's the only criteria, = so we could put the well over here.

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 7

&nb= sp;

Mr. Wagner: How many feet is the building from my well? That w= ould go under the Health District.

Mr. Meyers: It's about 55 feet to = the nearest corner to your well.

&nb= sp;

Mr. Wagner: But you could put that anywhere?

Mr. Meyers; Well there's a minimum, the Public Health Code I believe there's a minimum of 15 feet from the house to a well. We try to keep it 25 usually, but the only, there's a 75 foot minimum well rad= ius to any septic system and that's the reason why the existing well actually doesn't conform to the Public Health Code based on where the existing septic system is, so we want to, if he's going to put in a new well, we want to ma= ke it conforming and we also want to keep it 75 feet from the adjoining septic system I think on (Inaudible's) property, cause their septic system is loca= ted right here, so 75 feet, we still have plenty of room on the lot to put the well. It doesn't have to go h= ere, it could go over here, but there is also a possibly of getting a variance f= rom the State Health Department to utilize the existing well, cause the existing well is 83.5 and that would require a variance of about 10 feet I believe.<= span style=3D'mso-spacerun:yes'> If you look at the plan, you can s= ee the well radius from the existing well, that goes ju= st beyond the septic tank as it's proposed. This is what he was talking about before, this proposed addition that would come this way, is 14 feet off the property line versus the original 6= .5, that's why he said the addition is more conforming tan the existing house w= as.

Mr. Wagner:= But it's not (inaudible) and that's okay?

Mr. Meyers:= The existing non-conforming (inaud= ible).

Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;mso-bidi-font-weight:bo= ld'> Only if the Zoning Board of Appeals grants a variance, that's okay, other than that they cannot build it.<= /o:p>

Mr. Sarandrea:<= /b> Anybody have any other questions f= rom the Board? Anyone else from the public?

MOTION: &= nbsp;     (Mr. Roger, sec. Mr. Mitchell) to Recess and Schedule a Site Walk for Application #849 of Joseph Yamin for two variances of the Watertown Zoning Regulations concerning side and rear yard property line setbacks to permit the construc= tion of an addition and a deck at 34 Caruso Drive, Watertown, CT.

Discussion:       None<= o:p>

MOTION PASSED UNANIMOU= SLY

WATERTOWN ZONING BOARD OF APPEALS

PUBLIC H= EARING

APPLICAT= ION #849 - JOSEPH YAMIN

MAY 23, = 2007

Page 8

&nb= sp;

Public Hearing Recessed at 10:30 p.m.

Respect= fully submitted,

&n= bsp;

&n= bsp;

&n= bsp;

Enrico Sarandrea, Chairman

Zoning = Board of Appeals

  &nbs= p;         _________________= _________________

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