First land deed horn the Indians April 12th 1659 TOWN OF WOODBURY 281 Main Street South Woodbury, Connecticut 06798-0369 TELEPHONE: (203) 263-3467 FAX: (203) 263-5076 PUBLIC HEARING / REGULAR MEETING ZONING BOARD OF APPEALS January 20, 2015 MINUTES MEMBERS PRESENT Claudette Volage Mike Novak (arrived 7:32) Joe Donato (until 7:41) ALTERNATES PRESENT Bob Ratzenberger Wayne Anderson Adam Goldberg MEMBER ABSENT Ron Judson Frank Kovacs OTHER PRESENT Andrew Peklo, Anne Delo, Rosemary Giuliano, Tom Gretto, Lee Sherwood, Kerri Wolcott, Ken Faroni, Lawrin Rosen, and Anne Firlings. PUBLIC HEARING Vice Chairman Donato called the public hearing to order at 7:30 p.m. He seated Regular Members Volage, and himself. Alternates Ratzenberger, Goldberg and Anderson were seated. He reminded the members of the CGS conflict of interest statutes. 14-ZBA-1405 / Andrew Peklo III, Owner / Variance Request to Construct a Screen Porch Over an Existing Loading Dock / 29 Pomperaug Road / Map 034 / Lot 005 Andrew Peklo came forward and submitted a clarification of his hardship for the record. He explained that the town established the road line in 1955, which created the existing setback. In 2007 the interpretation of the 2nd floor addition was changed. He purchased this property prior to that change for which there was no public hearing; thereby, creating a hardship regarding the improvement of this property. At 7:32 p.m. Chairman Novak arrived. Vice Chair Donato seated Mr. Novak and recused himself as he was not present for the previous public hearing regarding this matter. Rosemary Giuliano of 47 Pomperaug Rd. indicated for the record that if the hardship statement has been changed, the adjoining property owners have not had notice of this. This Board does not have the power to proceed. He has a requirement to give notice of Page 1 of 7
the hardship for which the adjoiners relied upon and came prepared to address what had been previously stated and has now changed. Mr. Peklo explained that the hardship stated is as originally stated, but only in simpler form. The Board reviewed the copies submitted. Joe Donato was dismissed at 7:41 p.m. Kerri Wolcott of 15 Pomperaug Rd. noted that the setback from the road is not changing. This application is asking for a variance for a vertically non-conforming addition. The hardship runs with the land permanently and has not been proven. She questioned why he would not seek an amendment to the zoning code. Anne Delo of 47 Pomperaug Rd. stated that she is opposed to this proposal. She noted that she was at the previous hearing and based upon CT case law this variance should not be granted. Rosemary Giuliano objected to the presentation of the hardship. If the hardship is as originally presented then why was a new one presented. She corrected Mr. Peklo's submission as part of his hardship that Pomperaug Rd. is a historic district where zoning laws do not apply. Pomperaug Rd. is not a historic district; however, zoning laws do apply to historic districts. Regardless, this is not a hardship. This would require a zoning law change. There is no evidence to substantiate the claim that the town created a hardship. She referenced Dupont vs. Zoning Board of Manchester. She respectfully requested a denial of this variance. Lee Sherwood of 27 Pomperaug Rd. stated that he is opposed to the hardship presented. This request is not consistent with the regulations. Chairman Novak looked for questions from the Board: Mr. Peklo confirmed for Bob Ratzenberger that the addition would not be built past the drip line of the existing building. It was confirmed for Wayne Anderson that the building setback from the road is 17 feet from the property line. 50 feet is required per the regulations. Claudette Volage noted that she is in agreement that this is not a hardship. Mr. Peklo reviewed the history of the town's establishment of the property line; thereby, creating a nonconformance. The owner at the time had no input in this matter. Adam Goldberg questioned whether Mr. Peklo realized this was nonconforming when he purchased the property. Mr. Peklo explained that the vertical expansion was permitted at that time and the regulations were amended without fair warning. Page 2 of 7
Tom Greto of 55 Pomperaug Rd. questioned whether he can add a garage to his house simply because his house is older than the regulations. Chairman Novak advised that it would be permitted to make that request to the ZBA. Lee Sherwood of 27 Pomperaug Rd. noted that he bought this house in 1980, he knew what he bought, knows the rules and knows his way around them. Abutters have not been permitted variances to the rules and neither should Mr. Peklo. Mr. Peklo addressed a letter submitted by Sean Elwell. Maps dated 1923 showing the bridge and driveway were submitted and reviewed. He clarified that zoning is irrelevant and obtuse with regard to a historic property. He did not create the hardship. He did not make the change to the Zoning Regulation. He reviewed and responded to remarks regarding other work that has been done to this property. He stated that the abutters are angry because he has received a license from FERC. Kerri Wolcott of 15 Pomperaug Rd. noted concerns with a precedent being created by this hardship. She questioned why he was permitted to continue the previous hearing. Chairman Novak explained that a quorum is 5 members and when only four members are available to vote it puts the applicant at a disadvantage. It is customary to allow the applicant the option of continuing the hearing. There was a lot of material presented, which needed to be reviewed so the hearing was continued. He explained that the ZBA views each application on its merits. He does not feel this decision would create a precedent. Mr. Novak reviewed the driveway and road location on the map from 1923. Mr. Gretto reminded the Board that what they are viewing on this map happened before 1980 when the property was purchased. Mr. Sherwood asked the ZBA to consider the regulations and stick to them. Ms. Giuliano referred to the case of Dupont vs. ZBA Manchester, which was distributed to the Board and is on point with this request. Mr. Peklo restated the hardship for Adam Goldberg as a property line, which was established outside the ownership of the property. Mr. Sherwood questioned what is wrong with the porch that currently exists. Mr. Peklo explained that the proposal will be visually better and more in tune with this residential neighborhood. Chairman Novak looked for further questions. He questioned whether the Board would like to discuss any restrictions that might be put on such a variance. None were stated. Page 3 of 7
MOTION: To close the public hearing for 14-ZBA-1405 / Andrew Peklo III, Owner / Variance Request to Construct a Screen Porch Over an Existing Loading Dock / 29 Pomperaug Road / Map 034 / Lot 005. Made by Ratzenberger, seconded by Anderson. Vote 5-0 in favor. Chairman Novak asked for a motion to move to the New Application section of the meeting. MOTION: To modify the agenda to address Regular Meeting New Application 15-ZBA- 1501 Made by Anderson, seconded by Ratzenberger. Vote 5-0 in favor. New Application 15-ZBA-1501 / O&G Industries, Inc. (Owner), Ken Faroni (Agent) / Stiles Road Quarry / Variance Request of Section 7.9.10B (Night Time Hours of Operation of Hot Mix Asphalt Plant) - Map 032/Lot 001 Ken Faroni came forward and noted that this is the same annual application as submitted in years before with no changes. MOTION: To accept application 15-ZBA-1501 / O&G Industries, Inc. (Owner), Ken Faroni (Agent) / Stiles Road Quarry / Variance Request of Section 7.9.10B (Night Time Hours of Operation of Hot Mix Asphalt Plant) - Map 032/Lot 001 and schedule public hearing for February 17, 2015. Made by Ratzenberger, seconded by Goldberg. Vote 5-0 in favor. MOTION: To return to the agenda as structured. Made by Volage, no second needed per Chairman Novak. 14-ZBA-1406 / Christos Gogas (Owner), ArtFX Signs, Max Ballardo (Agent) / 135 Main Street North San Remo / Variance Request to have Sign Larger than Permitted by Regulations in MSD / Map 090 / Lot 008B Lawrin Rosen, owner of ArtFX, came forward on behalf of Mr. Gogas. The proposal is to replace the 16 square foot sign with a 12.5 square foot sign. He has been before the Historic Commission and has met their conditions with this proposal. However, the proposal was denied because the Zoning Regulations will not allow for larger than 6 square feet. What is existing is not conforming; however, the new proposal is more conforming. Mr. Gogas reviewed the structure and the improved lighting of the sign. The overall post height is 12 feet. The drop from the road is 4 feet. The sign will remain in the same location. It was confirmed for Claudette Volage that the sign proposed is larger than what is allowed by the regulations. Mr. Novak noted that it is smaller than what is existing. Chairman Novak looked for further questions from the Board or public. Page 4 of 7
MOTION: To close the public hearing for application 14-ZBA-1406 / Christos Gogas (Owner), ArtFX Signs, Max Ballardo (Agent) / 135 Main Street North San Remo / Variance Request to have Sign Larger than Permitted by Regulations in MSD / Map 090 / Lot 008B. Made by Ratzenberger, seconded by Goldberg. Vote 5-0 in favor. REGULAR MEETING Chairman Novak called the regular meeting to order at 8:50 p.m. He seated Regular Members Volage, and himself. Alternates Ratzenberger, Goldberg and Anderson were seated. He reminded the members of the CGS conflict of interest statutes. Pending Application MOTION: To modify the agenda to address 14-ZBA-1406 / Christos Gogas (Owner), ArtFX Signs, Max Ballardo (Agent) / 135 Main Street North San Remo / Variance Request to have Sign Larger than Permitted by Regulations in MSD / Map 090 / Lot 008B Made by Ratzenberger, seconded by Anderson. Vote 5-0 in favor. 14-ZBA-1406 / Christos Gogas (Owner), ArtFX Signs, Max Ballardo (Agent) / 135 Main Street North San Remo / Variance Request to have Sign Larger than Permitted by Regulations in MSD / Map 090 / Lot 008B MOTION: To open the review of application 14-ZBA-1406 / Christos Gogas (Owner), ArtFX Signs, Max Ballardo (Agent) / 135 Main Street North San Remo / Variance Request to have Sign Larger than Permitted by Regulations in MSD / Map 090 / Lot 008B. Made by Anderson, seconded by Ratzenberger. Vote 5-0 in favor. Chairman Novak noted that it was not clear why this application was before this Board at the last meeting. After speaking with the Land Use Office he is still not clear why this is before the ZBA. It is a reduction of a currently nonconforming sign. The group reviewed the proposal and agreed that this is an improvement from what currently exists. MOTION: To approve application 14-ZBA-1406 / Christos Gogas (Owner), ArtFX Signs, Max Ballardo (Agent) / 135 Main Street North San Remo / Variance Request to have Sign Larger than Permitted by Regulations in MSD / Map 090 / Lot 008B as designed and presented with no conditions. Made by Goldberg, seconded by Ratzenberger. Vote 5-0 in favor. MOTION: To return to the regular agenda. Made by Goldberg, seconded by Ratzenberger. Vote 5-0 in favor. Page 5 of 7
MOTION: To entertain application 14-ZBA-1405 / Andrew Peklo III, Owner / Variance Request to Construct a Screen Porch Over an Existing Loading Dock / 29 Pomperaug Road / Map 034 / Lot 005 Made by Ratzenberger, seconded by Anderson. Vote 5-0 in favor. 14-ZBA-1405 / Andrew Peklo III, Owner / Variance Request to Construct a Screen Porch Over an Existing Loading Dock / 29 Pomperaug Road / Map 034 / Lot 005 Adam Goldberg stated that he does not see the hardship in this case. The property lines were already established when Mr. Peklo purchased the property. Wayne Anderson noted that this is not an addition that requires excavation. He does not believe that going to the second floor of the existing structure is an encroachment of the setback. The entire history of this area is unique and the court cases that were cited are not relevant to this request. Bob Ratzenberger noted that he likes the proposal; however, he does not see the hardship. Claudette Volage stated that the proposal does not seem to make an impact on the neighborhood; however, it is important to listen to the neighbors. Chairman Novak reviewed the regulations with the Board and the ZBA's charge. He noted that it is clear that the neighborhood does not want this to happen. It is a residence within a factory and it was this way when he purchased it. However, it is a second floor porch in a residential neighborhood. He is not sure how he feels about this. Chairman Novak looked for further discussion. The group discussed the hardship presented; the setback and history of setbacks. MOTION: To table the application of 14-ZBA-1405 / Andrew Peklo III, Owner / Variance Request to Construct a Screen Porch Over an Existing Loading Dock / 29 Pomperaug Road / Map 034 / Lot 005 Made by Goldberg, seconded by Volage. Vote 2-3 opposed. Motion failed. MOTION: To approve the application of 14-ZBA-1405 / Andrew Peklo III, Owner / Variance Request to Construct a Screen Porch Over an Existing Loading Dock / 29 Pomperaug Road / Map 034 / Lot 005 as presented. Made by Anderson, seconded by Novak. Vote 2-2-1. Motion failed. Anderson and Goldberg in favor. Volage and Ratzenberger opposed. Novak abstained. Correspondence: The P&Z Annual Conference notice was read. The receipt of the winter newsletter was confirmed. Privilege of the Floor - N/A Page 6 of 7
Clerk's Bill MOTION: To approve the Clerk's Bill. Made by Ratzenberger, seconded by Volage. Vote 5-0 in favor. Adjournment MOTION: To adjourn at 9:13 p.m. Made by Ratzeneberger, seconded by Volage. Vote 5-0 in favor. Filed Subject to Approval, Respectfully submitted, Tai Kern Tai Kern, Clerk RECEIVED & FILED IN WOODSUFN, GT A" Page 7 of 7 Town Clark