Zoning Board of Appeals - Minutes - 09/08/2021

Zoning Board of Appeals
September 8, 2021
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FOR RECORD
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MINUTES 2021 SEP 10 AM 10: 01
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TOWN CLERK
Zoning Board of Appeals September 8, 2021
Waterford Town Hall 6:30 PM
Members Present: Joshua Friedman, Catherine Newlin,Michelle Kripps,
Warren Mackenzie
Members Absent: Anne Darling
Alternates Present: Danielle McCarty
Alternates Absent: Jason Maryeski, Darcy Van Ness
Staff Present: Jill Pisechko, Zoning Official; Dawn Choisy, Recording
Secretary
Also Present: Town Attorney Avena
1. CALL TO ORDER AND APPOINTMENT OF ALTERNATES
Chairman Friedman called the meeting to order at 6:37. D. McCarty was appointed to sit
for A. Darling.
2. APPROVAL OF MINUTES
MOTION: Motion made by C. Newlin, seconded by W. Mackenzie to approve the
minutes of the August 4, 2021 meeting amended to note that the home was
not built in 1920, but was part of a 1920 subdivision.
VOTE: 5-0
3. RECEIPT OF APPLICATIONS
No new applications were received.
4, PUBLIC HEARING
Application #ZBA-21-6 - Appeal of Mehak Realty, LLC, owner and applicant; and
Tristan Wallace, Loureiro Engineering Associates, Inc., agent at 118 Boston Road, C-G
zone. Variances are requested from zoning regulations: 8.4.1- Front Yard Setback — 73’
reduction from 75’ to 2’ (min.) for proposed canopy; 8.4.1- Front Yard Setback — 11’
reduction from 75' to 64’ (min.) for proposed building; 8.4.2 Side Yard Setback - 23'
reduction from 30' to 7' (min.); 8.4.3-Rear Yard Setback - 45' reduction from 50’ to 5'
(min.); 20.3- parking spaces - 3 space reduction from 19 to 16 spaces; 20.8 b-Distance of
Parking Along Access Drives - 11' reduction from 40' to 29'(min.) to the street line;
20.17.1 b-Landscaping of Parking Areas - variance from requirement that the 5' side
buffer be landscaped. Existing side yard occupied by abutting property's drive. Variances
are requested to redevelop the site in accordance with basic industry practices and to
provide parking, landscaping and other improvements as shown on the plan entitled:
“Variance Plan, Convenience Store and Fueling Station Additions, 118 Boston Post Road,
Waterford, Connecticut, Prepared for Mehak Realty, LLC”, dated July 16, 2021.
The following exhibits were previously added to the record:

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September 8, 2021
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EXHIBIT 1. Application and Support Material; List of Owners within 150 feet, Deed,
Dated August 2, 2021
EXHIBIT 2. Variance Plan, dated July 16, 2021
EXHIBIT 3. Property Survey, dated May 28, 2021
EXHIBIT 4. = Application Submittal, revised through August 23, 2021
EXHIBIT 5. Property Survey, dated May 28, 2021 revised through, August 23, 2021
EXHIBIT 6. _—_— Notice of Public Hearing Letter sent to Applicant dated August 18, 2021,
and USPS tracking delivery confirmation
EXHIBIT 7. |Comments to Agent from Zoning Official, dated August 17, 2021
EXHIBIT 8. |Comments to Zoning Official from Fire Inspector, dated August 26, 2021
EXHIBIT 9. | Comments to The Zoning Board of Appeals to from Town Planner, dated
September 1, 2021
EXHIBIT 10. Certified Mailing, dated August 24, 2021
Project Engineer Tristan Wallace, presented this application. The applicant is proposing to
construct a new convenience store and canopy on the site. He reviewed the variance plan
(Exhibit 2), and the requested variances outlined in Exhibit 1. He stated that all variances
requested are driven by the size and configuration of the lot.
Attorney Avena reviewed the requested variances, noting that 2 of the requests will
increase the current non-conformity.
J. Pisechko reviewed comments received from the Fire Inspector (Exhibit 8). T. Wallace
stated that the applicant will meet all requirements outlined in the Fire Inspector’s
comments.
Chairman Friedman asked if there were any members of the public who wished to speak
either for or against this application. No public comments were received.
MOTION: Motion made by C. Newlin, seconded by D. McCarty to close the public
hearing at 7:23.
VOTE: 5-0
5. OLD BUSINESS
Application #ZBA-21-5 - Appeal of Matthew Scott McNeil, owner and applicant; and
James Bernardo, LS, agent at 42 Myrock Avenue, R-20 zone. Variances are requested
from zoning regulations sections 4.4.1 — Front yard setback variance of 13 feet to allow a
front yard setback of 37 feet and 4.4.3 — Rear yard setback variance of 11 feet to allow a
rear yard setback of 39 feet. Variances are requested to construct an addition to the existing
non-conforming house as shown on the plan entitled: “Zoning Location Survey Property of
Matthew Scott McNeil, for property located at 42 Myrock Avenue, Waterford,
Connecticut” revised through July 15, 2021.
Chairman Friedman stated for the record that although he was not present during the public
hearing, he has reviewed the record and is able to vote on this application.
MOTION: Motion made by C. Newlin, seconded by D. McCarty, to approve
Application #ZBA-21-5 for the following reasons:
1. The lot was part of a subdivision that was created prior to the Zoning
Regulations;

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September 8, 2021
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2. The proposal is in keeping with the neighborhood;
3. The variances requested are not substantial.
Chairman Friedman noted that the applicant has options to construct an addition on this
house without increasing the non-conformity. Attorney Avena reviewed the options with
the Board.
VOTE: 4-1, Chairman Friedman voting against approval.
6. NEW BUSINESS
Calendar year 2022 schedule
This item was tabled until after the November municipal elections.
he CORRESPONDENCE
No correspondence was submitted.
8. ADJOURNMENT
MOTION: Motion made by M. Kripps, seconded by C. Newlin, to adjourn the meeting
at 7:44.
VOTE: 5-0
Respectfully Submitted,
“S
Dawn Choisy
Recording Secretary