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MINUTES
ZONING BOARD OF APPEALS
WATERTOWN, CONNECTICUT
PUBLIC HEARING
Time: 7:00 pm
Date: February 22, 2017
Place: Watertown High School Lecture Hall
324 French Street
Watertown, Connecticut
1. Call Meeting to Order
Chairman, Mr. Enrico Sarandrea called the meeting to order at 7:00 p.m.
2. Roll Call
Jeff Franson executed the roll call.
Member’s Present: Enrico Sarandrea, Chairman
Jeff Franson
Edwin Dalton
Roger Mitchell
Phillipe Roger
Vincent Giannetto
Member’s Absent: Scott Demers
Gary Swingle
Town of Watertown Connecticut Planning and Zoning, Zoning Board of Appeals, Conservation Commission/Inland Wetland Agency Watertown Municipal Center 61 Echo Lake Road Watertown, CT 06795 Telephone: (860) 945-5266 Fax: (860) 945-4706
Website: www.watertownct.org
Also Present: Moosa Rafey, Wetlands Enforcement Officer
Mark Massoud,
Roseann D’Amelio, Land Use Secretary
Rick Sarandrea: READING OF THE GROUND RULES
“ZONING BOARD OF APPEALS GROUND RULES”
1. The applicant or his representative will make his formal presentation to the board stating
his specific hardship and precisely why this merits a variance from the Zoning
Regulations of the Town of Watertown.
2. All comments, discussion 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.
3. All persons addressing the Commission shall begin by first clearly stating their name and
address for the record. If necessary, the person may be asked to spell his name for the
record.
4. Following the presentation of the application, the Zoning Board of Appeals will ask
specific questions of the applicant.
5. After the Board has asked its questions of the applicant, I shall then allow any members
of the public who wish to speak either in favor of this application or against it, to address
the Board.
6. I shall then allow the applicant to respond to the comments of the members of the general
public.
7. I shall then allow any members of the general public who wish to present any additional
information or clarifying discussion to do so.
8. I shall then provide an opportunity for the applicant to respond to these additional
remarks if he or his representative so wishes.
9. The Zoning Board of Appeals has thirty-five (35) days from the date the Public Hearing
commences to complete the Public Hearing. The Board may ask the applicant for a
thirty-five (35) day extension of the public hearing period if the Board requires any
additional information or wishes to schedule a site walk to observe the situation for
themselves.
10. 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 following the Public Hearing.
11. You may 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 determine the
status of your application.
Application #52 Auto Tech of Waterbury, Inc. for a Certificate of Approval of Location for a
used car motor vehicle dealership at 1022 Main Street, Watertown, CT in a BG-1 General
Business Zoning District. I’ll have the secretary read the legal notice
Ned Dalton: Pursuant to Section 14-54(b) of the Connecticut General Statutes the Zoning Board
of Appeals of the Town of Watertown will hold a public hearing at 7:00 pm on Wednesday,
February 22, 2017 at the Watertown High School Lecture Hall, 324 French Street, Watertown,
CT to hear and act upon the following Applications for Certificate of Approval of Location:
Application #52 of Auto Tech of Waterbury, Inc. for approval of location for used car Motor
Vehicle Dealership at 1022 Main Street, Watertown, CT in a BG-1 General Business Zoning
District.
At this hearing interested persons and written communications will be heard. A copy of the
applications is on file in the Planning and Zoning Office, Watertown Municipal Center, 61 Echo
Lake Road, Watertown, CT.
Dated in Watertown, CT this 9th day of February, 2017
Dated in Watertown, CT this 16th day of February, 2017
Edwin Dalton, Secretary
Zoning Board of Appeals
Franklin Pilicy: 365 Main Street, Watertown, on behalf of the applicant. This application is a
Certificate of Approval of Location. It’s a part of the Department of Motor Vehicle application
process for a used car dealer and service and servicing of vehicles. The notices to the abutters
have been sent out and I have provided Moosa with the proof of notice and I will follow up with
an additional affidavit tomorrow. As you may know, the Zoning Board of Appeals is acting as
an agent for the State of Connecticut in approving locations of this nature for uses of this type.
The standards under which a Zoning Board of Appeals is supposed to gauge or decide such
applications were contained in general statutes 14-55. That Statute has been repealed. I have
provided to each member a copy of the Statute which is 14-54, which basically contains the
requirement that the Certificate of Approval must be processed locally and must be approved by
the Zoning Board of Appeals. The standards again were contained in the statute that has been
repealed but the court cases tell us that the standards are suitability which is quite subjective, but
the second criteria is that the proposed activity will not create a public peril and the third criteria
is that the proposed activity is allowed by the zoning regulations. The second sheet that I
provided was a copy of the Watertown Zoning Regulations for this zone which clearly states that
the used car business and servicing of used cars are all the same use and is allowed with a special
exception in the BG district. Zoning Regulations 18.3.2(k) provides new and/or used automotive
sales and service. The other general statement is that when the proposed use is allowed by the
zoning regulations there’s a presumption that the use is appropriate and compatible in the zoning
district. It’s pretty straight forward. There are many such uses existing at different locations up
and down Main Street in both Watertown and Oakville and obviously on Straits Turnpike as well
to a much larger extent This specifically is going to be a very small use with only a relatively
small number of cars with one service bay and so forth. It’s a small lot, the building has been
vacant for some time and it’s been difficult to attract a tenant so the owner of the property has
this existing business and is going to locate a component or part of the business at this location.
Mr. Mike Drost is here if there’s any questions of the owner.
Jeff Franson: You indicate there’s going to be a service bay. Where would the service bay be?
Franklin Pilicy: In the existing building. The existing building is going to be completely gutted
and refitted for this use but there will be no increase or change on the footprint and if approved
here then there’s a requirement for site plan special acception application to planning and zoning
commission which has been filed which will be the subject of other proceedings at planning and
zoning.
Rick Sarandrea: You plan on displaying cars here or putting cars here for sale?
Franklin Pilicy: A small number of used cars
Mark Drost: 96 Longmeadow Road, Bethlehem.
Rick Sarandrea: How many cars do you think you’re going to put there for sale?
Mark Drost: Probably someplace in the range of 6 to 10.
Rick Sarandrea: What type of service are you going to do? Just service to cars you’re going to
sell?
Mark Drost: Correct. I am in the auto business right now currently. We are not looking to
expand that on a major scale, however, we are going to service what we sell and would also like
to do a limited amount of service there also. It’s going to be very small. The size of the bay is
going to be the size of the building so it’s approximately 33x28. Just what you see on the plan.
One bay
Rick Sarandrea: So the front of the building you’re going to be walking upstairs to get into the
building to get into the building?
Mark Drost: That’s going to be excavated out of there. I’m not sure if the map shows that,
shows excavation of the stairway and the front of the building will be level with the ground –
with sidewalk level. The access and the garage door will be on the side of the building where it
show a wooden porch.
Vin Giannetto: Where would the cars be parked that you plan to repair and sell
Mark Drost: On the asphalt driveway along side of the building
Vin Giannetto: So the front of the building, I assume is 9.2 feet? What is the topo? Do you
know how much of the excavation you plan to do?
Franklin Pilicy: I don’t think it shows here
Vin Giannetto: So you have a little less than 9 feet maybe on one corner 10 feet or so in front of
the building if I understand correctly
Franklin Pilicy: That appears correct
Vin Giannetto: So you’re saying the cars will be parked on the southerly side of the building.
How much area do you have to the stone wall?
Moosa Rafey: The scale is 1”= 20’
Vin Giannetto: So you have 10 feet?
Mark Drost: I’m sorry – what was the question?
Vin Giannetto: On the side of the building the southerly side is where you plan to park vehicles
that you plan to sell
Mark Drost: correct
Vin Giannetto: So if I try and scale that 1”= 20’ it looks like about 10-12’.
Mark Drost: Can I show you? This is an asphalt parking lot right now. This is completely
paved from here to here.
Vin Giannetto: So this wall comes out?
Mark Drost: This wall is going to come out from where it says covered porch and the wall will
stay right to where we’re going to open up the building. This is going to be the garage door
Ned Dalton: Do you have to take out these stairs?
Mark Drost: I would like to bring it down to ground level because there’s a front door right
here that you actually have to walk up the front stairs to get to the front door. There’s not going
to be a front door because the building is going to be opened up.
Ned Dalton: So you’re going to change the look of the building?
Mark Drost: Correct. The basement itself is going to be where the garage door is going to be
which is why we do not need to stairway because the stairway is actually going to be one story
above what we’re going to be doing. The street level will be the foundation level and that’s
where the garage door will be. It is currently paved other than where it says covered porch.
In order to get the ceiling height for the garage the first floor is actually not going to be there
now so there are two rooms up on the second floor now that will be used as an office.
Ned Dalton: Are there any criteria for dealer repair license as far as amount of vehicles, parking
and footage for repairs and whatnot.
Franklin Pilicy: There are zoning issues that will dealt with by the Planning and Zoning
Commission. There not a part of what this agency considers.
Rick Sarandrea: So all we are doing is granting the location.
Phillipe Roger: Because this is our first dealer’s license approval that’s been before us in quite
a while, they changed to zoning and then back to us. I understand all the questions that we are
asking are valid questions tonight but I think if he’s not changing the footprint of the building
and it’s allowed in this area, in this particular zone a car dealership is allowed. Correct??
Moosa Rafey: Yes
Phillipe Roger: The questions that we’re asking are mostly for the zoning board to say yes or no
to. To us it’s up to us to say yes you can have a dealership there or no you can’t. It it’s allowed
in that zone…
Moosa Rafey: For you the question is if this use is suitable for this property. You should go
and see this in person and have a better idea. They show the parking lot here with 9 cars parked
there. If they park 9 cars there how will the cars from Main Street come into this property and
make that turn into the building. But if they want to sell one of the cars from the back of the
parking lot how are they going to move all these cars to remove one car from the back. You just
want to go and see that if this property is suitable for this use or not. Then when they go to the
planning and zoning commission there is a long list, I gave you a copy of Section 8 that is for
site plans. They have to go through all these items one by one to make sure they meet these
requirements. One other thing that I noticed this entire property is within upland review area.
Any activity within this area you have to go to the wetlands commission to get a wetland permit.
Those excavations and removal of that porch, everything is regulated activities. You have to go
in front of the wetlands commission to get a wetlands permit.
Ned Dalton: 9x20 foot spots, to get this corner car out you have to take out every other car
because you can’t open your car door. Your average garage bay is 12 feet wide.
Moosa Rafey: Did you talk to DOT because the excavation you are proposing is within the state
right of way
Franklin Pilicy: Those are all issues that are beyond what we’re here for tonight.
Moosa Rafey: But for this board if they want to know that if this is really suitable for this use
why should they approve something that is not doable.
Franklin Pilicy: Well, we can’t go to the state until we have this. We can’t go to zoning until
we have this so we have to start somewhere and this is where we have to start.
Phillipe Roger: Like I said, a dealership is ok in this area in this zone. The zoning board is
probably going to pick thru all this stuff. How can we sit here and say it’s allowed in that area.
Are we allowed to say because it’s not big enough you can’t have it? We have a set of zoning
rules we go by and I don’t think that’s in the zoning rules that we have.
Moosa Rafey: There are zoning regulations that the minimum requirement for a lot for a car
dealership is 20,000 sq ft but they only have 7,000 something. It’s a very tight situation.
Rick Sarandrea: The other thing I was concerned about too is they may have to come back to
us for a variance for impervious area.
Moosa Rafey: There are 3 or 4 things that they need variances, and actually the engineer put
that may require variances.
Franklin Pilicy: We don’t believe we need a variance. Those all existing non-conforming
conditions. We’re not expanding any of them.
Rick Sarandrea: Years ago we approved a lot of places and then they took it away from us and
now we got it back. This is our first night. If we make the decision that it’s ok, we want to be
sure that you can go forward. They may say “what did that Zoning Board of Appeals do.”
Is there anyone from the public who wishes to speak for or against this application? 3x
Hearing none do I have a motion?
Ned Dalton: I make a motion to go for a site walk
Vin Giannetto: Second
Rick Sarandrea: All in Favor: Aye Opposed: None
Moosa, schedule us a site walk for the next meeting
Moosa Rafey: Is it ok before the meeting? It’ll be light enough. I’ll put it for 6:00 pm on
March 22, 2017.
Roger Mitchell: Motion to continue the public hearing on Application #52 of Auto Tech of
Waterbury
Ned Dalton: Second
Rick Sarandrea: All in Favor: Aye Opposed: None
Application #53 of Woodbury Automotive for Certificate of Approval of Location for used car
motor vehicle dealership and motor vehicle repair at 1029 Main Street, Watertown, CT in a
BG-1 General Business Zoning District. I’ll have the Secretary read the legal notice.
Ned Dalton: Pursuant to Section 14-54(b) of the Connecticut General Statute the Zoning Board
of Appeals of the Town of Watertown will hold a public hearing at 7:00 PM on Wednesday,
February 22, 2017 at the Watertown High School Lecture Hall, 342 French Street, Watertown,
CT to hear and act upon the following Applications for Certificate of Approval of Location.
Application #53 of Woodbury Automotive for approval of location for Motor Vehicle Repairer
and Used Car Motor Vehicle Dealership at 1029 Main Street, Watertown, CT in a BG-1 General
Business Zoning District
At this hearing interested persons and written communications will be heard. A copy of the
applications is on file in the Planning and Zoning Office, Waterbury Municipal Center, 61 Echo
Lake Road, Watertown, CT
Dated in Watertown, CT this 9th day of February, 2017
Dated in Watertown, CT this 16th day of February, 2017
Edwin Dalton, Secretary
Zoning Board of Appeals
Joseph & Brenda Riolo: 64 Sycamore Ave., Woodbury, CT. We basically are looking for the
same type of approval per CT DMV that we just spoke with the difference being the location that
we are proposing has already been preapproved before for a dealership and a used car general
repair facility. So basically, we are just asking you to reapprove the location again under a new
name.
Rick Sarandrea: Does anyone have any questions?
Moosa Rafey: Mr. Chairman, I had a meeting with the applicant in the office and we discussed
what will be the use of this property. Mr. Riolo mentioned he is using only the paved parking
lot. Are you are using any of the gravel area behind the parking lot at this moment?
Joseph Riolo: Correct. That’s just going to be mowed and grass. Right now everything on the
site plan is far as the exterior of the building is going to remain the same. The parking area that
you’ve already designated is all going to remain the same. We are going to do specialized used
cars, sports and classic cars, which are actually are going to be inside. I have an inside show
room on part of the building and then we are going to have our automotive repair facility in the
center 3,000 sq. ft.
Moosa Rafey: How many bays will you have for service?
Joseph Riolo: For service we’ll have 4 lifts and 2 dead bay so 6 cars inside.
Moosa Rafey: The zoning regulations requires three parking spaces per bay. If you have 6 bays
there will be 18 parking spaces required for the service area and then how may spaces do you
have for display of your cars?
Joseph Riolo: I’m not sure how many are actually there or how many we can put there so
whatever you allow us to put
Moosa Rafey: Because you’re limited to that paved area. That is something we agreed when
you came to the office. I just want to make sure that what we discussed in the office is a part of
the record.
Joseph Riolo: Correct, yes. That paved area is probably 190 feet long. There will be no cars
parked on the gravel area as we discussed.
Moosa Rafey: Basically, you are using 18 spaces for the service and the remaining area will be
used for display
Joseph Riolo: Correct
Jeff Franson: This was previously approved
Joseph Riolo: Correct. Hubb’s Automotive had a dealership license there and Neil’s Autobody
also had a repair’s license there at one time.
Moosa Rafey: Mr. Chairman, I went with the wetlands commission on a site walk for this
property and we saw it. Mr. Dalton was also a part it. As long as they are staying within that
paved area.
Rick Sarandrea: That was the only question I had because it’s supposedly contaminated back
there.
Moosa Rafey: They are not using that part. That will stay untouched. My point is that as long
as they are using that paved area and not the gravel area I don’t see a problem.
Ned Dalton: Nothing is going to be done outside really even showing cars except maybe on
occasion but you’re saying that your showroom is going to be inside, no work will be done
outside?
Joseph Riolo: Correct. We’re going to specialize in the sports and classics cars so if someone
consigns a 55’ Chevrolet with me I’m not going to leave it outside. We’re going to keep it
inside. Right now we sell regular cars as well. We don’t do a lot of that but I might have some
of those available for customers as a convenience kind of thing but those would be parked
outside. Our main business is service. At our location now we have 4 used cars on the lot.
Moosa Rafey: This application has to go back in front of the planning and zoning commission.
The only thing in front of you is the approval of location using only the paved area and the
building. That’s it and you’re approving that location. There will additional conditions of
approval when they go in front of the planning and zoning commission when they go for site
plan approval.
Rick Sarandrea: Anyone from the public who wishes to speak for or against the applicant?
3x’s
Hearing none do I have a motion to close?
Roger Mitchell: Motion to close
Phillipe Roger: Second
Rick Sarandrea: All in Favor: Aye Opposed: None
Application #54 Borghesi Building Company, Inc. for Certificate of Location for a motor vehicle
limited repair at 808 amd 838 Main Street, Oakville, CT in a BG-1 General Business zoning
district. I’ll have the Secretary real the legal notice.
Ned Dalton: Pursuant to Section 14-54(b) of the Connecticut General Statute the Zoning Board
of Appeals of the Town of Watertown will hold a public hearing at 7:00 PM on Wednesday,
February 22, 2017 at the Watertown High School Lecture Hall, 342 French Street, Watertown,
CT to hear and act upon the following Applications for Certificate of Approval of Location.
Application #54 of Borghesi Building Company, Inc. for approval of location for Motor Vehicle
Limited Repair at 838 Main Street, Oakville, CT in a BG-1 General Business Zoning District.
At this hearing interested persons and written communications will be heard. A copy of the
applications is on file in the Planning and Zoning Office, Waterbury Municipal Center, 61 Echo
Lake Road, Watertown, CT
Dated in Watertown, CT this 9th day of February, 2017
Dated in Watertown, CT this 16th day of February, 2017
Edwin Dalton, Secretary
Zoning Board of Appeals
Rick Sarandrea: Please state your name and address for the record.
Gary Capitanio: I’m with Borghesi Building and Engineering Co. out of Torrington here to
present this location, the third of the evening, but the purpose is location approval. For the
record, I will submit the green cards, as well as the affidavit. The facility that we’re asking your
approval for is the existing Adam’s facility on Main Street bordering also on Rockdale Avenue.
The owners of the property are here also in attendance if there’s any questions, and also the
operators, it’s going to be for Economy Tire, who’s presently operating at a location which
you’re familiar with now and they want to move to this location. I think, and I again in
presenting approval of the location is that we really are improving conditions of the property.
You’re probably familiar with the expanse of open curb cuts accessing two buildings actually
that are presently on the property. The one facility here, the garage and the building were
actually going to be demolishing that and removing that building and that’s going to create a
parking field here for customers and we will be limited. Instead of the expanse of open curb cut
on RT 73 on Main Street, it’s just to have one location for the curb cut coming and going.
Rick Sarandrea: Right through the center of the property?
Gary Capitanio: Yes. So this is the existing building as it exists now. We’re going to maintain
that and it may be necessary to get the service bays for tires, motor vehicle repairs. This will be
demolished as I said. There is also an existing building.
Rick Sarandrea: You’re going to use that for storage for tires?
Gary Capitanio: That will be staying there in place, yes. Again, the main thing is that we are
improving a lot of conditions out there on the property, safety, location, things that you folks
need to consider in acting on this proposal. We have had some meetings with staff, some
engineering comments have already been incorporated, some drainage comments. We have had
some preliminary reviews from DOT. We can’t act on it until we get approved at the local level
but I think everything is in a very positive direction.
Rick Sarandrea: That walkway from the building is going to be grass?
Gary Capitanio: There is a narrow driveway that upon staff review and looking at it and safety,
again, they’re agreeing to close off that driveway going to the rear but it will be maintained
which is an existing condition.
Rick Sarandrea: The tire repairs and all that will be done in the backof the building and the
front of the building will be sales?
Jim Zeller: from Zeller Tire Co., Torrington, CT. Just a couple of things just to correct one
thing in regard to the storage barn. This will be for company vehicles and we don’t intend to get
a collection of tire storage there. They will use this for working. Our truck tire department when
we have a couple of big trucks that will come in and we may be changing truck tires down here
which would get it out of the way of the passenger area. Just to give you a couple of ideas on
this side will be where the bays are. There will be 8 service bays along that side. Four of them
are flat bays, which is very similar to what we do out in the open over there at Economy Tire
instead of jacking them up outside they’ll be inside. The other bays are going to be three service
bays up front they will have lifts in them and the fourth will be an alignment bay for the limited
repairs license. The rear part will be for tire storage. This building is going to be totally
renovated including sprinklers. All the requirements for sprinklers will be in there including
three levels of tire storage in the rear of the building to accommodate 3 floors. Our parking is
basically over here and that’s why we needed this. We’ll have small parking for the first cars
pull in but the majority of our parking will be where the old gas station is now. That’ll give
everybody a lot of view.
Roger Mitchell: Moosa does this lot meet the square footage area
Moosa Rafey: Yes, this is large enough for that use. Actually, I was on the property this
evening before I came to the meeting and I walked around. They are going to remove one of the
buildings that’s not in good shape. They are proposing a lot of improvements to this property.
Jim Zeller: I think it’s going to be a good improvement for the whole town. That’s our image
that we like to do.
Rick Sarandrea: Where are you going to be putting a sign? I know we approved you on that
other property
Jim Zeller: In the front of the building
Rick Sarandrea: There’s a sign there now so you might be able to reuse that area where the
sign is now.
Moosa Rafey: They have existing non-conforming signs. If they remove those that will be a
big improvement to that property. They are entitled to have one wall sign on the building and
one free standing sign as long as the free standing sign is a minimum of 10 feet from any
property line it should be on the property there shouldn’t be a problem.
Rick Sarandrea: Any other questions? Anyone from the public wish to speak for or against
this application?
Jim McCarthy: 66 Rockdale Ave. The concerns I have is for the additional traffic and parking
in the area. When Seymour Smith & Adams had it it wasn’t a big deal. They would close up at
4:30-5:00 but now that the gym is there they’re parking in all no parking areas, they block the
hydrant, they block driveways, they block the corner. I called the police several times and
nothing was ever done about it and now your talking adding more traffic to the area and doing
truck tires on top of that.
Rick Sarandrea: I think the only difference is the type of business like this their traffic they’re
not there a long time.
Jim McCarthy: Do you know how long the business is going to be open because the gym stays
open pretty late.
Jim Zeller: Our hours are going to be the same as what we have now. They are 7 am to 6 pm
Monday thru Friday, and as of now the hours on Saturday are 7-1, that may change to 7-3, but it
won’t be any longer than 7-3 because that’s what the rest of our stores have. That would be the
max. We are not open on Sundays we’re not open at night we’re not open all day Saturday. I
don’t want to mislead you with the tire idea. Most of our truck tires are done on the road. Once
in a while we do get a truck to pull in and that’s where we would accommodate but it’s not part
of the everyday going business. When you’re in the truck tire business you do on site service.
Phillipe Roger: If you look at the site plan layout they have the main entrance in front and
they’re cutting it off from the back from Rockland Street. Most of the traffic is going to be
coming in from Main Street and remaining towards the front of the building. That rear driveway
is cut off from Rockland St. That driveway that’s there that’s going straight all the way down is
gone.
Gary Capitanio: That is an appropriate question and it is something you’re needing to address
and with that and I’m remiss in not submitting this earlier but we do have an actual traffic report
that was done by Hesketh and Associates. What he did was he looked into consideration of what
the existing use of the property is with the building’s, the curb cuts and really what we’re
proposing here is a reduction of the intensity of that use so it’s actually going to be a betterment
of traffic flow of what’s going on and he summarizes this in his report, which I’m going to
submit for the record.
Rick Sarandrea: Anyone else from the public who wishes to speak for or against? Hearing
none do I have a motion:
Roger Mitchell: Motion to close
Ned Dalton: Second
Rick Sarandrea: All in Favor: Aye Opposed: None
ATTEST:
__________________________________
EDWIN DALTON, Secretary