TOWN OF WESTON, CONNECTICUT

ZONING BOARD OF APPEALS HEARING

October 23, 2007

Present: Board Members: Chairman Richard Wolf, Vice-Chairman McCleod Snaith, Nick Noyes, Carolyn Mulcahey, and Alternates: Robert Morse and Harriette Heller

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Chairman Wolf called the Public Hearing to order at 7:30 p.m. and the Board Secretary read the notice of the public hearing into the record.

Eric Augustyn and Vicky Kelly from Camelot Real Estate, the broker who sold the house came forward. Ms. Kelly noted that the Catholic Church across the street from the property changed the route to exit from the pre-school which has increased traffic and now the busses go through for CCD classes. Ms. Kelly further noted that they had no knowledge that there was a problem with the fence before it was too late, a Cease & Desist order went on the property right before closing and they had to take the fence down in order to close. Mr. Augustyn noted that he has young children and is concerned with their safety in the front of the house without the fence.

Mr. Noyes asked a question regarding the pre-school and Ms. Kelly stated that they had re-opened and expanded the program. The road has also been expanded and improved and she believes that there is more traffic coming out onto Weston road directly across from the property. Mr. Snaith stated that the distance from the house to the road was about 100 ft. and noted that they could still put the fence up 20 ft. from the property line. Discussion ensued.

Following discussion, Mr. Turner, Code Enforcement Officer commented that there is no hardship on that particular property that would warrant a hardship basis for granting of a variance. Mr. Snaith commented that he believes that they can deal with the safety issue and still comply with the code.

Mr. Augustyn thanked the board members for their time and the public hearing was closed at 8:07 p.m.

ZONING BOARD OF APPEALS, OCTOBER 23, 2007 PAGE 2

DELIBERATIONS:

171 Weston Road:

(Voting members: Wolf, Snaith, Noyes, Mulcahey and Heller)

Ms. Mulcahey opened the deliberations by noting that it was an unfortunate series of events that led to this. She stated that she belongs to St. Francis church and knows that there is a lot of traffic, although feels that it has not changed that drastically over time. Ms. Heller commented that they went over the issue in great detail last March and does not see much of a change in this application. Mr. Snaith agreed with Ms. Mulcahey that it is an unfortunate situation, but he does not see any hardship. Mr. Noyes commented that there are solutions to the issue of lights, sound and safety without having to grant a variance to the zoning regulations. Mr. Morse commented that not many of the facts have changed, and thinks that, although unfortunate, poor information from the builder cannot be a hardship. Following some additional discussion the following motion was made:

Mr. Snaith made a motion to deny the application for a variance based on no demonstrated hardship. Ms. Heller seconded the motion. All in favor, the motion carried (5-0).

Mr. Snaith made a motion to approve the minutes from the August 28, 2007 meeting and Ms. Mulcahey seconded. All in favor, the motion carried (5-0).

Mr. Noyes made a motion to approve the minutes from the September 25, 2007 meeting and Mr. Morse seconded. All in favor, the motion carried (5-0 [Wolf abstain]).

OTHER BUSINESS:

Tracy Kulikowski explained that the Cartbridge Road bridge project will require a variance from the ZBA. Discussion followed regarding holding a special meeting for the bridge variance. It was decided that a meeting would be held on November 5, 2007.

MOTION TO ADJOURN:

Mr. Snaith made a motion to adjourn and Mr. Wolf seconded. All in favor, the meeting adjourned at 8:30 p.m.

Respectfully submitted,

Delana Lustberg

Board Clerk