town of watertown connecticut · process for a used car dealer and service and servicing of...

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


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


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,


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


applications is on file in the Planning and Zoning Office, Waterbury Municipal Center, 61 Echo

Lake Road, Watertown, CT





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


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,


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.


applications is on file in the Planning and Zoning Office, Waterbury Municipal Center, 61 Echo

Lake Road, Watertown, CT





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


ATTEST:

__________________________________

EDWIN DALTON, Secretary

town of watertown connecticut · process for a used car dealer and service and servicing of...

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