TOWN OF WESTON, CONNECTICUT

ZONING BOARD OF APPEALS HEARING

March 6, 2007

Present: Board Members: Chairman Richard Wolf, Carolyn Mulcahey, MacLeod Snaith and Alternate: Robert Morse ________________________________________________________________________

Chairman Wolf called the Public Hearing to order at 7:37 p.m. and Mr. Morse read the notice of the public hearing into the record. Mr. Wolf informed the applicants that they only have four voting members and noted that four votes are required for a variance. He gave them the opportunity to postpone their hearing in hopes of having a five member board next time.

Attorney Rubin then stepped forward and indicated that they would like to postpone the Niewenhouse application.

Kevin Funk, owner, came forward to present his proposal and presented an up-dated map showing more detail then the map he submitted last meeting. He read from a letter he prepared stating the proposal for an enlarged garage. He noted that the hardship was the less than half acre size of the lot and the location of the septic and reserve areas precludes them from building anywhere else. Mr. Snaith pointed out the additional topographical hardships at the rear of the property. Discussion ensued.

Mr. Wolf then read the prior approval from 2002 and asked how the new proposal differed. Mr. Funk noted that the new garage is proposed to be 16 ft. wide by 20 ft. long and 12 ft. 6 in. high.

Following additional discussion and clarifying questions from board members, the public hearing was closed.

August Lenhart came forward to present the appeal. Mr. Wolf then read from the appeal which is from the decision of the Town to not allow for the continued use as a service station. Mr. Lenhart stated that he would be able to live with another use at the property, but would not withdraw his request to use the property as a service station unless he were granted another use of the property. He noted that there has been interest in having a deli or country market or a beauty salon. It is his understanding that under state law, he is

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entitled to continued use as a repair station, but wanted the board to know that he is flexible.

Mr. Wolf then read a letter from Robert Turner, dated January 10, 2007 which stated the reasons that the ZBA should take no action on this appeal as any action is premature. He noted that since that time, the P&Z has taken action and read from the Notice from the meeting on February 26, 2007 whereby the application for zoning compliance was denied by a unanimous vote. Mr Wolf further noted that the Board members have not had a chance to review the decision and conditions and would need time to read through the papers. Mr. Snaith commented that he thinks that the Board will need legal advice as well.

Mrs. Mulcahey then questioned whether Mr. Lenhart planned on going to the P&Z for a special permit to allow for the other proposed uses and Mr. Lenhart stated that he would not, based on advice that it could be construed as abandonment of the use. Discussion ensued.

Mr. Wolf then suggested that the hearing be continued so that the board members can take the time to read through the file and to consult with the Town Attorney as to what their choices are. Following some additional discussion, the matter was continued to the next meeting.

DELIBERATIONS:

Mr. Snaith commented that he has no problem with approving the variance request. Ms. Mulcahey commented that she thinks it is odd that there is a shed there that was never approved and they now would be adding to the nonconformity on top of that. Mr. Snaith noted that the building was "grandfathered". Mr. Morse commented that he did not have a problem with the request. Mr. Wolf also concurred. Following some additional discussion, the following motion was made:

RESOLVED:

Mr. Snaith made a motion to approve the request for a variance for a 16’ X 20’ shed to be placed on the driveway as shown on plot plan prepared for Laura Klauberg by Charles Leonard Surveyors, dated 7/22/04, revised 1/23/07, showing the location of the shed and labeled "Exhibit A". The closest point of the proposed shed would be 7.1 ft. from the western property line. The proposed shed/garage shall be as shown on "Exhibits B-1, B-2, B-3" with a ridge height of 12 ft. 6 in. The hardship is based on the lot size of .45 acres, wetlands, septic location and topographical hardship of one large boulder in the back yard and a utility right of way that runs up the northern property line. Ms. Mulcahey seconded the motion. All in favor, the motion carried (4-0).

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OTHER BUSINESS:

Mr. Wolf noted that he will have to talk to the Town Attorney to see if there is a conflict of interest on his part in the Lyons Plains Road application due to the fact that Attorney Rubin has represented him, personally, in the past.

APPROVAL OF MINUTES:

Ms. Mulcahey pointed out a typo on the first page of the minutes. She then made a motion to approve the minutes, as amended, from the January 23, 2007 meeting and Mr. Snaith seconded. All in favor, the motion carried.

MOTION TO ADJOURN:

Mr. Morse made a motion to adjourn and Ms. Mulcahey seconded. All in favor, the meeting adjourned at 9:00.

Respectfully submitted,

Delana Lustberg

Board Clerk