MINUTES
CONTINUATION OF PUBLIC HEARING
WEDNESDA=
Y, JUNE
27, 2007 - 7:30 P.M.
WATERTOW=
N HIGH
SCHOOL TECHNOLOGY CENTER
APPLICATION #849 - JOSEPH YAMIN
PRESENT:
=
&nb=
sp; =
&nb=
sp; John Griffith, Vice Ch=
airman
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Enrico Sarandrea, Chai=
rman
ABSENT: &=
nbsp; &nbs=
p; &=
nbsp;
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; Phil
Roger, Acting Secretary
ALTERNATES PRESENT:<= span style=3D'mso-tab-count:2'> &= nbsp; Gary Swingle
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Cynthia Tun
ALTERNATES ABSENT: &=
nbsp; None
OTHERS PRESENT: =
; &n=
bsp; Moosa
Rafey, Assistant Zoning Enforcement Officer
1. =
Call
Meeting To Order
Mr.
Sarandrea, Chairman, Called the Public Hearing to Order at 8:10 p.m.
2. &nb=
sp; Roll
Call
Mr.
DiSisto, Secretary, executed the Roll Call.
Mr.
Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Roger, in his abse=
nce.
Mr.
Sarandrea, Chairman, asked Ms. Tun to sit in for Mr. Mitchell, in his absen=
ce.
CONTINUA=
TION
OF PUBLIC HEARING
APPLICAT=
ION
#849 - JOSEPH YAMIN
JUNE 27,=
2007
Page 2
3. Hearing of Cases=
&=
nbsp; B. =
Continuation
of Public Hearing from May 10, 2007, Application #849 of Joseph Yamin for t=
wo
variances of the Watertown Zoning Regulations concerning side and rear yard
property line setbacks to permit the construction of an addition and a deck=
at 34
Caruso Drive, Watertown, CT.
&=
nbsp; The
Public Hearing must be Closed by June 27, 2007, =
unless
applicant grants an extension of time.
<=
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: Again, yes, the applic=
ant
is requesting a variance of the rear yard and the side yard. As each of you saw at the site wal=
k the
request essentially for the side yard anyway, our current request is actual=
ly
to square off the existing building which is currently uninhabitable and to
construct a 2 story raised ranch.
Now in regard to that side yard, we'd like the Commission to underst=
and
that we will be less non-conforming than was pre-existing and that is
essentially to be of our hardship. <=
/span>Based on the lot size and the topography of that we feel that=
the
applicant will be unable to make a reasonable use of the property but for t=
his
variance. We feel that=
the
variance and the construction of the home will be in harmony with the expan=
sive
nature of the neighborhood.
Currently that home as it exists is pretty much an eyesore and we're
hoping that it will be a nice addition to the neighborhood. I do have the notices of hearing, =
legal
notices provided to the neighbors this evening and I'll be submitting that =
to
Mr. Rafey. If the Commission =
has any
questions I'd be happy to address those this evening.
Mr. Sarandrea: =
Does anyone have any questions? It will definitely be an improveme=
nt to
the neighborhood, I can say that.
Mr. Rafey: =
If you look at this plot plan you c=
an see
the addition is 13 feet from the side property line, that's why they're ask=
ing
for a variance. The existing =
house
is only 6.5 feet. It's not ge=
tting closer, it's going away from the property line. It's an improvement to the neighbo=
rhood
and the deck in the back is only 44 feet from the rear property line, and t=
he
zoning regulations require 50 feet, so they're asking for a 6 foot variance
there, but that existing roof whatever it is on that structure is much clos=
er
than that to the property line. Overall
it's not adding to the non-conformity of this property. As I mentioned before in the other
application, this is a situation where there is no room or other
alternatives. The
hardship with the size of this lot and also the location of the house on the
lot.
Mr. Sarandrea: =
And what they're doing with the res=
t of
the neighborhood they're pretty much going to be conforming with the
neighborhood then, I mean they're doing some nice work over there the 2 hou=
ses on
either side of you are in nice shape, so you're going to compliment the
neighborhood.
CONTINUA=
TION
OF PUBLIC HEARING
APPLICAT=
ION
#849 - JOSEPH YAMIN
JUNE 27,=
2007
Page 3
Mr. Rafey: I did receive a letter
from one of the neighbors, it's kind of like a
question if you want to read that into the record.
Mr.
Sarandrea, Chairman, read aloud the following letter for the record as foll=
ows:
"Mr.
R. Sarandrea
Z.B.A.
Town
of
Dear
Sir:
With
the understanding that no more than a 6 foot allowed and as stated in the
letters, we see no objection. We
question however the placement of the septic system and the leach fields.
Yours
truly,
Burns
Marcelina"
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Terry Meyers, Professi=
onal
Engineer and Land Surveyor
Mr. Meyers: We did the soil testing with Bob Smith, the
Torrington Area Health District Sanitarian. The system was approved prior to us
coming to this Board and Moosa can attest to that. The system is for to stay with a 2
bedroom house which is consistent with what is currently there and the size=
of
the system, but it will be a new system and it does comply with the Public
Health Code.
Mr. Sarandrea: =
I remember you saying that the last=
time.
Mr. Rafey: And just for the record
this is going to stay a single family dwelling.
Mr. Sarandrea: So we answered the
question. Thank you very much=
. Is there anyone from the public who
wishes to speak for or against this application?
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Carl Wagner,
Mr. Wagner:: I
live in the property abutting to the south of Mr. Yamin's property. First of all I'm all for a new hou=
se
being built there, it is an eyesore.
If you look at both properties on both sides of me I have a lot of
problems, I have to do my leaves about 6 times a year there. I'm all for a new house being built
there. It's just how far from=
my
property line? I don't want i=
t that
close to my property line.
CONTINUA=
TION
OF PUBLIC HEARING
APPLICAT=
ION
#849 - JOSEPH YAMIN
JUNE 27,=
2007
Page 4
I
built my house, it's more than 20 feet from both property lines; I have the
same size lot. I don't know w=
hat
the hardship would be if they were to build it 20 feet away from my property
line, but that's what I ask. =
I mean
if it could be done, they're saying that it will be more conforming to what
zoning is asking for after they're done, but how much? What I saw in the print that Moosa=
gave
me last month, it shows the outline right over that. Is it a foot? Right now that home is 6.5 feet fr=
om my
property line. That's close.<=
span
style=3D'mso-spacerun:yes'> You know you have to think about
it. If that were your house, =
you
always hear that you can pass the milk in the morning to your next door
neighbor, that's not what I'm looking for and I was always, I guess under t=
he
understanding that Zoning would protect that, that if anybody went to go bu=
ild
there again it would have to be within zoning compliance, and I don't know =
what
the hardship would be. I mean
they're going to build a new home.
You can't use that existing structure for anything that I know of, m=
aybe
I'm wrong with that, if I am you can correct me, but if at all possible, I =
mean
I'd go for 15 feet, I shouldn't even say that, and I had in my mind I didn't
want to say that, but I mean if you looked at my home, I have the same sized
lot, my home is more than 20 feet from both property lines. If it were a shed somebody was put=
ting up
or something like that I wouldn't have a problem with it, if it were a swim=
ming
pool I wouldn't have a problem with it, it's just everything from weed whac=
king
to the kid's playing ball on that side of the yard may create a problem wit=
h my
neighbors, which I'm really not looking forward to. I am looking forward to a new home=
being
built there, somebody maintaining the property I'm all for it, it makes me
ecstatic, it's just the proximity next to my property that that house would=
be,
that's all.
Mr. Sarandrea: Is you house the one
that's like 3 stories?
Mr. Caruso: Yes, that's correct.
Mr. Griffith: Looking at that proper=
ty,
yours is the house on the right?
Mr. Caruso: Yes, that's correct.
Mr. Rafey: I can answer one part =
of
the question, that house, this can be if it would be a reduction to the
non-conformity of the structure, if you look at the back of this drawing, <=
span
class=3DGramE>there is an existing overhang, the roof there.
Mr. Caruso: Yes, that's only like =
4.5
feet from my property.
Mr. Rafey: 4 feet from the proper=
ty
line and they're going to remove that, and the closest corner of the house =
to your
property will be 6.5 feet and not 4 feet, and plus this building is already=
there.
CONTINUA=
TION
OF PUBLIC HEARING
APPLICAT=
ION
#849 - JOSEPH YAMIN
JUNE 27,=
2007
Page 5
Mr. Caruso: I understand that, but=
my
building was already there also and my building was 6 feet from the other
property line. When I built I=
built
conforming to Zoning and at the time it was only 10 feet from the property =
line
but I put it right in the middle of my lot.
Mr. Rafey: The applicant wants to
repair this building the way it is.
They don't have to be here.
They can repair that building tomorrow and live there, and I think by
adding this (inaudible) and fixing some of the problems they already have a=
nd
removing that overhang from the back, that is an improvement.
Mr. Caruso: Anything is an
improvement.
Mr. Rafey: You will end up having=
a
nicer house next to you that what is there now.
Mr. Caruso: Like I said, I'm just
asking that if possible if it were in conformance with Zoning, like I said,=
I
don't even care about 20 feet, if it were just 10 feet, 15 feet, I mean I'd=
be
happy. If possible, that's al=
l. 6.5 feet is awfully close to my pro=
perty
line.
Mr. Rafey: 13 feet? That corner that they're adding the
addition will be 13 feet from your property line.
Mr. Sarandrea: They're not knocking t=
he
house down.
Mr. Rafey: The existing house is =
6.5
feet.
Ms. Tun: We're not addressing t=
he
6.5 feet.
Mr. Sarandrea: They're not knocking t=
he
house down, they're adding to it.
It's a whole different application.
Mr. Rafey: It's just an addition, they're not demolishing the house to put a n=
ew
house. If they demolish the h=
ouse
and put a new one, they could put it in a way that's 15 or 20 feet, but the
foundation, everything will be there, they're just adding a part to the hou=
se
and removing that overhang in the back which is much closer to your property
now than the actual building. In a
way they’re (inaudible) a reduction to the non-conformity of this
building because now one corner of the building is 4 feet from the property
line and in the future it will be 6.5 feet. That is a positive change.
Mr. Caruso: Thank you very much.
CONTINUA=
TION
OF PUBLIC HEARING
APPLICAT=
ION
#849 - JOSEPH YAMIN
JUNE 27,=
2007
Page 6
<=
span
style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>Terry Meyers, Professi=
onal
Engineer and Land Surveyor
Mr. Meyers: I have a question for Mr. Wagner. One of the things we discussed on =
the
site walk was the fact that the pole and the electrical come off that pole
that's right on the property line between the two properties. Mr. Pilla and Mr. Yamin would like=
to
put that underground. Would y=
ou
have any objection to working with them to put the electrical underground so
that it would look nicer and we could get that pole out of there? You know we could run the lines al=
ong
the property line, you know your side and our side so that we could get them
underground versus have that ugly pole up there and when they put up a new
house? Ju=
st a
thought. It's somethin=
g even
the Commission brought up during the field walk.
Mr. Rafey: I asked if that was
possible to do that.
Mr. Meyers: We'd like to do that,=
after
we had some discussion after you folks left, so we thought we'd talk to Mr.
Wagner if he came tonight abut the possibility of doing that and working
together. Just a
thought.
Mr. Sarandrea: Is there anyone else f=
rom the
public who wishes to speak for or against this application?
MOTION: &=
nbsp; (Mr.
Disisto, sec. Ms. Tun) to Close the Public Heari=
ng 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
construction of an addition and a deck at
Discussion: None<= o:p>
MOTION PASSED UNANIMOU=
SLY
Public
Hearing Closed at 8:21 p.m.
Respect=
fully
submitted,
Enrico
Sarandrea, Chairman
Zoning =
Board
of Appeals
&nbs=
p; _________________=
_________________
&nbs=
p; Lynn
M. LaForme, Minutes Secretary