TOWN OF WESTON, CONNECTICUT

ZONING BOARD OF APPEALS HEARING

September 25, 2007

Present: Board Members: Vice-Chairman McCleod Snaith, Nick Noyes, Carolyn Mulcahey, Robert Gardner and Alternates: Robert Morse

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Vice-Chairman Snaith called the Public Hearing to order at 7:40 p.m. and the Board Secretary read the notice of the public hearing into the record.

Mr. Snaith then stated that he wanted to address the 171 Weston Road application first.

Mr. Snaith noted that the Board heard this application from the builder on 3/27/07 and denied the request for variance. It has been less than the 6 months, as required by state statutes, and the Board is not required to hear this application until that period is up. The Board does not wish to hear the application at this time and unless there is something substantially different happening, it would be unlikely that the Board would change its view. He asked that the applicant apply for next month’s hearing.

103 OLD EASTON TURNPIKE, owner, CURTIS, ALEXIS, Map 25, Block 10 Lot 6, variance to Section 321.5 of the Zoning Regulations to allow existing deck built 25.3 from the side setback line.

Ms. Curtis came forward to discuss the proposal. She explained that she has been living in Weston for 14 years and she has been the school nurse at Hurlbutt Elementary School for the past four years. She put on a deck with a hot tub in July 2006 after finding a contractor through word-of-mouth. He was very nice and assured her that he obtained all the necessary permits. After everything was finished she went to Town Hall to get copies of the permits and found out that he had not gotten permits. She then had a survey done and found out that they are too close to the property line with the hot tub and deck.

Mr. Noyes then asked her to describe the hardships and Ms. Curtis stated that there are wetlands to the left of the house, the septic fields are further out and the best area seemed to be right off the kitchen at the back door. Mr. Morse questioned whether any of the neighbors had commented and she indicated that there is a good buffer with a lot of trees separating the closest neighbor.

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Ms. Curtis noted that the contractor was from Waterbury and he never finished everything he was hired for. She found out later that he was not licensed, he was a friend of a friend and unfortunately she trusted him. Ms. Mulcahey wanted to put on the record the contractor’s name: Pat Noyd from Waterbury. Discussion ensued.

Mr. Noyes questioned whether she had discussed the property line with her neighbor and suggested that she contact her neighbor to explore a land swap to give her the 4 ft. 7 inches to be in compliance. Discussion continued.

Following discussion Ms. Curtis decided to withdraw the application to investigate a land swap option.

190 WESTON ROAD, owner, WESTON SHOPPING CENTER ASSOC., LLC, Map 22, Block 4, Lot 36, variance to Section 322 of the Zoning Regulations to allow the erection of a canopy over the gasoline pump island so that self-service may be provided.

Don McIntyre, owner Weston Service Center, and Attorney George Gudiera came forward to discuss the application. Attorney Gudiera gave an overview of the background of the shopping center. He noted that recently the Planning and Zoning Commission has been reviewing the shopping center due to the enlargement of Peter’s Market and voted to approve it as it existed. It is a preexisting nonconforming entity, including the gas station. He indicated on the map where the portion zoned for the shopping center is, noting that the surrounding properties are all 2-acre residential zoning, including properties behind the shopping center which, although owned by various Weston Shopping Center entities, are not part of the shopping center.

Attorney Gudiera explained that the gas station building was built in 1950 along with the other buildings, except the bank building built later in the early 1960s. He then presented drawings of the pump area and noted that Mark Harper, former owner of the service station had come before the ZBA in 1998 to request a variance for a canopy over the island, but it was denied. He explained that they have returned to the ZBA with the variance request because Exxon Mobil has told them that if they don’t sell more gasoline, they will not deliver any more to them. They would not be able to get any deliveries from other suppliers either. There is just not enough gas sold and the prices are higher then any other gas stations so they need to be able to get the prices down and the only way is to have a canopy and allow for self-serve. The hardship is that they cannot place the canopy any other place. The pump island is currently 18 ft. from the street, the island is 5 ft. in width and the canopy would come within 8 ft. of Weston Road. Attorney Gudiera also spoke to the fact that businesses are leaving Weston Center and if this convenience is taken away from the people of the Town of Weston, they will all have to get their gasoline in Westport, Wilton, Georgetown or elsewhere.

Attorney Gudiera stated that they are asking the Board to approve this because it is a pre-existing non-conforming shopping center and gas station that has the pumps where they are. It is also based on the need and the convenience of the people of the Town of Weston. He then presented a drawing of the canopy, the current pumps and the proposed.

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There is no advertising on the sign and the lights shine directly down onto the pumps. Mr. Snaith questioned why they needed the canopy to provide self service and discussion ensued.

Bob Turner, Code Enforcement Officer came forward and stated that the issue is not the canopy, it is pumping more gallons and more gallons means more traffic. The cars will project into the ingress and egress lane of the post office. To contemplate a 100% increase in traffic at that gas station requires that traffic be adequately handled. He does not see how having a canopy will produce 100% more gallons of gas sold.

Attorney Gudiera addressed the traffic increase issue noting that they are not required to show traffic flow, the question here is whether there is a hardship or not. The canopy is requested because of the desire to stay in business at the preexisting nonconforming business location. Discussion continued.

Following discussion, Attorney Gudiera commented that they not asking for more pumps, they are only asking for a canopy over an existing pump which is a commonplace thing you see in virtually all gas stations today.

Ms. Mulcahey commented that this neighborhood shopping district is in a special zoning area in the town and does not know if the canopy would increase the non-conformity on this property as it is already a nonconforming use in the town. Mr. Noyes then read from Section 200 from the Town Plan that addresses setting up the districts and the purposes in the town. He noted that the word "convenience" is driving his perception of the hardship or benefit to the Town of Weston in keeping this business in town. Attorney Gudiera commented further that he believes that we should do anything we can, within reason, to try to help this shopping center stay viable.

Hearing no further discussion, the public hearing was closed at 9:14 p.m.

DELIBERATIONS:

190 WESTON ROAD, owner, WESTON SHOPPING CENTER ASSOC., LLC:

Mr. Morse commented that the pumps are right on the road and he believes that the owner could do a lot of different things without a canopy and still have self service. There are other gas stations around that have uncovered self service, they may not be Exxon Mobil, but they are still in business. Mr. Noyes commented that the total layout of the shopping center is an exception. The gas station needs to be right at the road so the proximity to the road for a gas station does not seem to be out of order. If the gas station goes out of business, it would be a major setback to convenience to residents of Weston. Mr. Gardner questioned whether the hardship was for the residents of the community or the gas station owner. Mr. Morse questioned that if there is such a low volume of gas, then how many people are actually getting hurt?

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Mr. Noyes noted that it is the role of the ZBA to balance the rights of the individual property owner with the needs of the community for the orderly and appropriate use of land.

Ms. Mulcahey made a motion to approve the variance to Sec. 322.4(e) minimum front setback requirements to allow erection of a canopy over the gasoline pumps, not to exceed 25 ft. in width centered over the existing pump island as shown on drawings entitled "Exhibit A" – Rear Elevation and "Exhibit B"- Canopy Elevation Proposed. The hardship is due to the pre-existing non-conforming location of the gasoline pumps and that the canopy is necessary for self service gasoline dispensing which provides a convenience for the community. Mr. Gardner seconded the motion. The motion was voted on and passed (4-1 [Morse]).

MOTION TO ADJOURN:

Mr. Noyes made a motion to adjourn and Mr. Morse seconded. All in favor, the meeting adjourned at 9:45 p.m.

Respectfully submitted,

Delana Lustberg

Board Clerk