TOWN OF SOUTHINGTON ZONING BOARD OF APPEALS TUESDAY, MAY 11, 2010

Chairman Joseph LaPorte called the Public Hearing and Regular meeting of the Southington Zoning Board of Appeals to order at 7:00 o’clock, p.m. in the Town Council Chambers with the following members in attendance: Robert Salka, Patricia Potter & Edward Kuklinski Alternate: Ronald Bohigian Others: Frank Vinci, Zoning Enforcement Officer Absent: Robert Sherman, Alternate Joseph LaRosa, Alternate Michael Milo, Alternate Paul Bedard, Commissioner Mr. Bohigian is sitting for Mr. Bedard this evening. A quorum was determined. The Pledge of Allegiance to the American Flag was recited by everyone in attendance. Mr. Salka explained to the audience the procedure to be followed in the presentation of an appeal. He advised that should their appeal be approved, they file it with the Town Clerk’s Office before proceeding with the project. JOSEPH LAPORTE, Chairman, presiding: Public Hearing Items: A. APPEAL #5779A, application of Raffaele Donato to vary the side yard setback to 10.84’ where 15’ is required to add a level to an existing dwelling under Sections 7A-00 & 15-04 of the Zoning Regulations, 21 Celella Drive, property of Raffaele Donato a.k.a. Raffaele Donato in an R-12 zone. MR. VINCI: Please state your name and address for the record. MR. DONATO: Good evening, my name is Raffaele Donato and I live at 21 Celella Drive. For the application number, I already make like an addition on my house like in the 90’s about 10 years ago. And, the requirement was like to the side of the lot it was only like 10’.

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At that time, like the side of probably 14’. So I just occupy like 4’ from the garage and I went like 4’. Right now, according to the whole specification, regulation, I occupy like a half foot away from the requirement. But eventually, I – it looks like the law has changed and it requires like 15’. Eventually, the building right now, that I am in like already, like in the 90’s, I made the addition, already has a wall. It’s 10/5’ to 11’ away. Only like 7’ or 8’. (Inaudible) So now, according to the law, they require like 15’. Probably I’m not in the right way to take an addition as I have the top of the garage, which already, (Inaudible). I pay taxes, too, on 500 sf. But according, against the new law, 15’, I am only like probably 3’ not in the regulation. Again, so the property was like set originally, when I did the addition, of like 10’ away from the side. So I am like probably not able about 3’. But there is already like an existing wall like 10’ which I was in (inaudible) with my old house which again was like (inaudible). I have probably, the more, let’s say distance from the road or anything like four or five other property. But again, it was like the property was set, already set, but again, this law, 15’ now will not allow me to set (inaudible) more room. And, the reason why probably in the 90’s I did it, I was living alone. Then I got married, two kids. And, I made like an in-law apartment. But again, it is really like 2’ with the new law, again. But again, the wall is there. I can’t put it down because (inaudible). Also, not being participating – I didn’t know about the new law and if you like it probably I can – Angelo is like a contractor and he has been working on the laws and everything. I didn’t know about this. Again, it’s like 15’ away from the side. But that is what I am here tonight for for you to help me, whatever. THE CHAIR: I have to ask you a question. So what you did is you added once already?

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MR. DONATO: I’ve already, the top of the garage, like that, like 500 square feet and I pay taxes, too. So, the new section will be only like going probably like 3’ or 4’ above the existing height that I have. THE CHAIR: What it is right now is its nonconforming right now. MR. DONATO: (Inaudible) I have the plans like when it was building 30 or 40 years ago, like the side was like 10’. And, now they’re changing the law. I cannot move the house. The right side which I lack probably (inaudible) feet. So --- But there is already there an existing wall right now, and the top of garage, not conforming to the new laws which is like 11’ probably away from there. MR. SALKA: When did the zoning change, Frank versus --- he said he built the addition in 1990. Well, zoning was done before that. MR. VINCI: It was later than that. It was in 1997 to 1999 he applied for additions. The regulations changed somewhere right after that. MR. SALKA: Oh, right after, okay. MR. VINCI: Prior to that the side yard setback was 10’. So, the original – MR. SALKA: Got it. Okay. MR. VINCI: So the original house was at 14-something feet away from the side property line. In 1997 he applied for a permit to put an addition off the back, keeping that same line. And, then in 1999 he applied for --- to go 4’ closer to the property which would still keep him over 10’. With a one level addition. The plan is now to put another level above that. THE CHAIR: What you have there now is you have the cottage type homes in that neighborhood. And, you’ve got them right in the back there, too. What it looks like here is you’ve built on and you’re overbuilding for the neighborhood, for the character of the neighborhood up there.

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MR. DONATO: Yes, I was thinking about that, too. You know, architecture and things like that. But it is already if like there was not any wall, I’d be okay. But there is already like a 7’ wall. So right now, I mean, its 7’. It’s already there. It’s like when I did it like I was allowed to do it. But right now, probably it would be like going over, just like 4’ or 5’. The wall is already there. If I have the building and I’m paying, already, I’m paying taxes on something that I cannot occupy, 500 sf. MR.SALKA: Well, the issue I have is not the 10’. I mean, it is what it is, based on the change in the zoning. What concerns me is that this addition is going to go up and it’s going to exceed the current roofline. This house – based on my drive thru, this house is probably three times bigger than anything in the neighborhood. The house to its left is a small cape. All the others are small ranches. You know, a thousand square feet. This house is going to stand out. It’s nothing to do with the 10’ or the 15’. It’s there, it’s there. But by adding this addition, this house is going to be huge compared to the rest of the neighborhood which is not fitting in with the neighborhood. I can understand what he’s saying. He’s paying taxes, but he’s paying, you know, we all are paying taxes, but we also have to look at what – how does this fit in with the current neighborhood and this is huge compared to the rest of the neighborhood. THE CHAIR: He’s got to have a hardship, too. We have to have a hardship at the same time. MR. SALKA: I mean, there is not, I mean, he hasn’t, there is no hardship that I’ve heard. Paying taxes or not paying taxes is not a hardship at this point. MR. DONATO: It is already up like in the 90’s, and this is what happened. It’s not that --- he is like; it was like, just an in-law apartment because I’ve got my parents there, too. The reason why I don’t over there, too, is like right, the house, like I have one bedroom. Big. And, I’m doing just another bedroom. I have two kids. Like two bedrooms and one bathroom. Making like the in-law apartment. (Inaudible) THE CHAIR: Sounds like you are outgrowing the house.

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MR. DONATO: Pardon? THE CHAIR: You are outgrowing the house. MR. DONATO: Yes. That’s why, probably, we are asking for permission to, if it can be done, whatever. THE CHAIR: Questions for the applicant? (No response) Have you finished your presentation? MR. DONATO: Yes, I’m done. Again, not participating because I did not know about the new changing of the law when I did the applicant. And, then Angelo told me like you know changing about the 15’. THE CHAIR: Okay, anybody speaking in favor of the applicant? ANGELO CALANDRA: 59 Howard Avenue in Southington, Connecticut. About the hardship, the reason he’s got to go on the existing wall because he’s got a (inaudible) kept the wall (inaudible) garage downstairs. He goes on one side; the wall will make the addition small. So he goes on the other side he disturbs the kitchen. He’s got to go on the existing wall and that’s the only way he can do it. It’s not a big deal, the height. Everything. We’re going to go by the law. The only thing is he asks the difference for the 15’ to the 10’. The rest, everything match code. That’s the only way it could be done. THE CHAIR: Okay, thank you. Anybody else to speak in favor of the applicant? (No response) Anybody opposing the applicant? (No response) This appeal is closed.

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B. APPEAL #5780A, application of Heidi R & John T. Srillacci for special exception approval to keep a family flock of chickens under Sections 3-01.31B & 15-05 of the Zoning Regulations, 103 Fox Run Road, in an R-20/25 zone. MR. STRILLACCI: John Strillacci and this is my wife Heidi. And, we both reside at 103 Fox Run, Southington. We’re seeking a special exception to keep a family flock of chickens. We’ve filed the appropriate paperwork with you folks. We are looking for a small enclosure which is 72 sf to the rear of our pool. For those of you who have gone by our property, it is a wooded back lot that is our property, so it’s pretty private back there. There is an existing shed there, so it could be screened off from the neighbors. Speaking of neighbors, we talked to the neighbors abutting us, and everyone in the neighborhood has been very supportive of us doing this. The reason we’re doing this is both Heidi and I when we were growing up, both grandparents had chickens. Heidi raised chickens at her house. Our family belong to 4-H. We have three kids. As it stands now, we don’t really have an ability to show animals in the agriculture fair. Can’t show a dairy cow on a half acre of property, obviously. But it would be a nice thing to have a family block of chickens and be able to take it to the Wolcott Fair, the Berlin Fair and do that as a family activity. It would be a nice way to bond with the kids. Show the kids food comes from somewhere other than a Styrofoam box. We’ll get eggs from the chickens. And, there is also the pet aspect. THE CHAIR: How many are you asking for? MR. STRILLACCI: Um, I was unsure. I know the regulations say no more than 12. I was – 10? We have five people in our family. So, we figured that would be a fair number. THE CHAIR: Well, 12 is good. MR. STRILLACCI: Oh, okay. I just didn’t know. THE CHAIR: I didn’t know if you were going to ask for 20 or – MR. STRILLACCI: No, sir. I have the regulation in front of us and I know the limits.

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Like I said, it does conform to being under 400 sf. And, the lot line prohibitions, too. THE CHAIR: Absolutely no roosters. MR. STRILLACCI: No, sir. No. In order to get eggs, you don’t need to have fertilized eggs. Unless you want a chick. So, we wouldn’t require a rooster. THE CHAIR: Questions? MR. VINCI: Yes. The chickens will be enclosed at all times? They won’t be allowed to run on the property. MS. STRILLACCI: We’ll have an enclosure. MR. STRILLACCI: Yes, sir. MR.SALKA: We might want to put that in as a stipulation, though. We talk about an enclosure not to exceed 400 sf as part of the regulations. It is one of the things we ought to put in there is from now on, we didn’t do that on the last one, is to make sure they’re in the enclosure at all times. MR. BOHIGIAN: Can we put that in this one? MR. VINCI: Absolutely. I think it’s --- the intent was there. MR. SALKA: Yah, the intent is there --- MR. VINCI: And, we would consider that a – you know, enclosure. MR. SALKA: And, I’m sure they don’t want chickens running around everywhere. MR. VINCI: But just to make it clear to everybody. MR. SALKA: But we’ve got situations where we’ve got guinea hens running all over the yard and the roads in some locations. MR.BOHIGIAN: Can I make a motion to put that in? MR. VINCI: Absolutely. MR. BOHIGIAN: I make a motion that we put in there as a stipulation that they stay inside the approved enclosure. MR. VINCI: That’d be one of the stipulations. So the stipulations will be:

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- Enclosure not to exceed 400 sf. - Number of chickens is 12. - No roosters. - Chickens will be enclosed at all times. THE CHAIR: Have you finished your presentation? MR. STRILLACCI: Unless you have further questions of us, yes. THE CHAIR: Anybody here to speak in favor of the applicant? (No response) Anybody opposing the applicant? (No response) If not, this appeal is closed.

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C. APPEAL #5781A, application of Mike Gibney d/b/a the Asado Restaurant for special exception approval to allow applicant to serve alcoholic beverages as part of their outside dining approval under Sections 4-01.32A, 11-04 & 15-05 of the Zoning Regulations, 142 Center Street, property of SDB Properties, LLC in a CB zone. MIKE GIBNEY: Good evening, ladies and gentlemen. My name is Mike Gibney and I’m the owner of the Asado Restaurant at 142 Center. And my petition to you this evening is for acceptance and approval for outside dining on the sidewalk of 142 Center Street. I believe you have the appropriate diagrams in front of you which detail what the seating arrangement will be. MR. SALKA: Usual stipulations, about other music, Frank and that? MR. VINCI: Do you want me to read them in? Okay. MR. SALKA: Are you aware, we have some stipulations that we always put on outside dining. So, if the zoning enforcement officer reads them and see if you would approve of them? MR. GIBNEY: It’s my understanding that there is no outside piped in music or PA system. MR. VINCI: I’ll just read them and you can comment on them, if you like. The hours of operation shall be limited to --- what’re your hours of operation? MR. GIBNEY: Our hours are from 5:00 until 10:30, 11:00. MR. VINCI: And, is that during the week and on weekends, as well? Or are there different hours for different days? MR. GIBNEY: There is different hours for different days. On the Sunday thru Thursday, it is 10:30 close. Now, my question with respect to hours of operation, do the hours of operation dictate what time the business is open to or does it dictate what time we’re able to serve outside the restaurant? MR.VINCI: This is strictly outside. What do you want as far as the patio permit?

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MR. GIBNEY: Um, then I would offer that the hours of operation for the patio, we would shut operations down at 11:30. MR. VINCI: Okay. This is any day? Or is this Sunday thru Thursday? MR. GIBNEY: Sunday thru Saturday. MR. VINCI: So you are going to shut down at 11:30? MR. GIBNEY: Outside dining. THE CHAIR: That doesn’t affect the interior. MR. GIBNEY: That’s correct. That’s correct. MR. VINCI: (2) All alcoholic beverages shall be served in glasses, cups, et cetera and not in the original container. They don’t want to go see a bunch of beer cans on the tables and so on and so forth. MR. GIBNEY: Okay, that’s fine. MR. VINCI: (3) There shall be no music or entertainment. (4) There shall be no amplification or loudspeakers. (5) Approval shall be good for one year, renewed annually. MR. GIBNEY: Okay, that’s fine. MR. VINCI: Those are all standard. THE CHAIR: That’s agreeable, right? MR. GIBNEY: Yup. MR. SALKA: I have no questions. It’s no different than what we’ve got running all the way down the street. THE CHAIR: Have you finished your presentation? MR. GIBNEY: Yes, I have. THE CHAIR: Anyone to speak in favor of the applicant? ARTHUR CYR: 103 Berlin Avenue. Good evening. I speak tonight in favor of this proposal. It is an extension of the --- as I think was just mentioned, the type of dining that we have going on on Center Street.

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The difference with this restaurant is it is a classy restaurant. They have no inside music so even if they have the doors open and closing there won’t be music pouring out like there are at some of the other restaurants on the street that have outside dining and lots of music on the inside. This is a logical extension, Mr. Chairman, of what I know the Chamber of Commerce is trying to promote all the way down Center Street. Hopefully, by the time Meridian comes in with Greenway Commons, we’ll be all the way to the river with outside dining. We are unique in this town that we have the opportunity to have this kind of a set up. This would be a further enhancement to the three or four other nice restaurants that currently have outside dining. THE CHAIR: Thank you. Anybody else speaking in favor of the applicant? (No response) MR. GIBNEY: Thank you, Arthur, for those unsolicited words of support. I appreciate that. THE CHAIR: Anybody here to oppose the applicant? (No response) If not, this appeal is closed.

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D. APPEAL #5777A, application of Gezim (Jim) Perzhilla for special exception approval to expand existing restaurant and to allow applicant to serve alcohol on proposed patio area under Sections 4-03.32A, 11-04 & 15-05 of the Zoning Regulations, 930 Meriden-Waterbury Road (Spartan’s II Restaurant), property of Han Development, LLC in a B zone. MR. VINCI: The expansion of the restaurant is going to be removed as part of this application. This application will be to serve alcohol on the proposed patio. Please state your name and address. MR. PERZHILLA: Good evening. Gezim Perzhilla, 930 Meriden Waterbury Road, owner of Spartan II Restaurant. MR. VINCI: Now, Mr. Chairman, you have a site plan in front of you. It’s the existing Spartan’s Restaurant. On the lower left corner of the building, you can see there is an area that’s going to be enclosed for the proposed outdoor patio. At the bottom there you will see there’s going to be a stone fence around it with lights on top of it. MR. SALKA: I think they’ve already started construction there, Frank. I’ve been by a few times. It’s going to look nice. THE CHAIR: So this is just the patio. MR. VINCI: This is just the patio at this point. We’ll modify that and cancel the expansion of the restaurant. We’ll deal with that as another issue down the road. But, this is just for the patio. THE CHAIR: And, the seating out there is for what – MR. VINCI: I think there is only like three tables. About 12. MR. PERZHILLA: I have (inaudible) where the patio is going to be. If I book a party, they can go outside with their drink from the party and they can smoke there. Most of the time I try to get people around the parking lot and they take drink with them. So now we can have a door that comes right in front for them. MR. VINCI: We have the same conditions. MR. PERZHILLA: Yes, I read those.

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MR. VINCI: You have those, already. So, we need to know your hours of operation. When do you plan to – MR. BOHIGIAN: Frank, I have one question. That smoking area where the wall comes around, is that a door there or some type of exit? MR. PERZHILLA: It is an exit door. Like it is a fire exit, only. You can’t come in that way. MR. BOHIGIAN: You can’t come in that way. MR. VINCI: You can’t come in that way. MR. PERZHILLA: You can’t come in, no. There’s going to be like a gated door with an exit door, only. THE CHAIR: Now we have the stipulations, Frank. MR. VINCI: The hours of operation shall be limited to? MR.PERZHILLA: If we have a banquet party, we usually, whenever the last call is for the party. It’s 6:00 to close. Which would be 1:30 the last call. People being out there. For dining, it would be like 11:30, the last call, if I have dining only and no parties. If there is a party going on, they have the rights to stay to 1:30. If there’s no party, 11:30 at night we close the dining room, so there’d be no ---- MR. SALKA: I don’t know, is there a requirement on the state side? THE CHAIR: It’s private property, so I don’t think so. MR. VINCI: He has certain hours he is limited to with the state permit inside. I’m sure the state would go along with those hours outside. You can say no, we don’t want you to be open out there until 1:30. We want you to close it up at 11:30 or 12:00 am. It’s up to you. MR. PERZHILLA: Last call is 1:30, say for a party. MR. VINCI: Mr. Chairman, may I ask a question? Your hours outside, will they differ depending upon the day? In other words, say Tuesday thru Friday or something like that?

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MR. PERZHILLA: Usually, Sunday thru Thursday, the last call is you know, 12:30 am. So, if I have a party there and they want to stay to 12:30, I can’t limit them to come inside because they are already having a party. That’s the only think. The dining room, we close at 11:30 throughout. MR. VINCI: When would you start Sunday thru Thursday? What or when you start first to open that up? MR. PERZHILLA: Eleven o’clock in the morning. MR. VINCI: Eleven o’clock in the morning. And, close? MR. PERZHILLA: Close would be like, if I have no parties, it would be 11:30 at night. THE CHAIR: You have to put a time on it. MR. VINCI: We’ve got to put a time on it. MR. PERZHILLA: Well, Monday to Thursday would be 11:30 pm. If there is no party. But if I have a party, then they have the rights to stay to 12:30 am. MR. SALKA: It’s got to be one or the other. Forget, party or no party. MR. PERZHILLA: Sunday to Thursday would be 12:30am to close the patio. I don’t want to do the parties. THE CHAIR: I think 11:30 is a good time. Eleven – thirty. MR. KUKLINSKI: Outside, 11:30. MS. POTTER: It’s more for smoking right? MR. PERZHILLA: Yah. MS. POTTER: Having, it’s like – MR. PERZHILLA: The thing is like if only the 11:30; I have no problem at all. If you have a party, they’re going to stay to 12:30. And, sometimes you might see four or five people having a cigarette over there and I don’t want to be like saying I can’t keep my word. MS. POTTER: It’s more of a smoking area than a –

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MR. SALKA: It is the Meriden Waterbury Road, too, as well. It’s not --- (Everyone commenting) THE CHAIR: We’re going to go with 11:30. MR. SALKA: Huh? THE CHAIR: We’re going to go with 11:30. As far as outside dining on the patio. MS. POTTER: We’re not serving drinks or anything. We’re just talking go out for a cigarette. No eating. THE CHAIR: People can go out anytime to have a cigarette. MS. POTTER: That’s what I’m saying though. It’s not to eat or anything. Just want – MR. PERZHILLA: No, after those hours, if you have somebody, they can go and smoke in there instead of going around the patio. THE CHAIR: In other words, they can go out one of the other doors and go out and smoke if they wanted to go and smoke. MR. PERZHILLA: It is a very quiet place. We don’t have --- MR. BOHIGIAN: You can limit no drinking after 11:30 but you can go out and have a cigarette --- THE CHAIR: They can go out anytime they want. MR. PERZHILLA: We can do that. THE CHAIR: At your establishment, there is no smoking at all, inside? MR. PERZHILLA: There is no smoking inside, at all, no. MR. VINCI: You can do that. I mean, if you want to not serve out there at 11:30 for a limit. Anybody can go out there and smoke if they want to. MR. SALKA: Can we just say, okay, that’s fine with me as long as they can go out and smoke. I’d rather have them out there than standing out in the parking lot. MR. VINCI: No, they can go out there to smoke.

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MR. PERZHILLA: That’s why I’m doing that so they all can crowd to one area. MR. BOHIGIAN: But 11:30 would be the stipulation for serving food and drinks. MR. PERZHILLA: Eleven thirty drinks is perfect. MR. VINCI: Okay, so we have Sunday thru Thursday. How about Friday and Saturday? MR.PERZHILLA: Friday and Saturday we close our bat at --- last call is 1:30. So that’s whatever you guys --- (Everyone speaking at the same time.) After 11:30 pm no food. MS. POTTER: So there won’t be any serving out there. MR. PERZHILLA: So there will be no serving food after 11:30 throughout the week but only that last call in bars usually is Friday and Saturdays, 1:30. So they could be smoking in there until 1:30. MS. POTTER: That sounds good. Just smoking. They can walk out with a drink. THE CHAIR: I don’t have a problem with the smoking. It’s the drinking. MS. POTTER: No serving out there. MR. PERZHILLA: No serving out there. MS. POTTER: If they have a drink in their hand at the party, they can walk out and have a cigarette and walk back in. THE CHAIR: Right. Okay. MR. PERZHILLA: Yah, that’s the only thing. MR. VINCI: No serving. If they have a beer or a drink in their hand and they want to have a cigarette, you’re saying they can go out? MS. POTTER: They can take it outside but no serving. MR.PERZHILLA: No serving. We don’t, we are mostly not going to serve out there after the 11:30.

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MR. SALKA: That’s fine. MR. VINCI: Okay. And, when would you open up the patio on the weekends, Saturday and Sunday? MR.PERZHILLA: Eleven o’clock. We open every day. MR. VINCI: That would be 11:00 am to 11:30? MR. PERZHILLA: Close. MR. SALKA: Now, is that the worst case scenario we have throughout town, Frank? Well, I mean, do we have Anthony Jack’s, do we have Asado, do we have Macaviellis, do we have any of them that are open past 11:30? If so, why are we limiting him to 11:30? MR. VINCI: Okay. THE CHAIR: The only other one would be Testa’s maybe? MR. SALKA: I don’t know. We’ve got all kinds of – MR. PERZHILLA: It’s a very quiet place over there. We don’t let anybody get out of hand or anything. So. MR. VINCI: All right. I have a request for a renewal for TD Homer’s. It’s not on officially, but we approved this twice before. It was Agave Restaurant and there was outside dining there and then we approved it as TD Homer’s. He’s looking for your permission to redo or renew that. The hours of operation there are 12:00 am and on weekends to 2:00 am. MR. SALKA: That’s my point. And, that’s Queen Street. Here we are talking the Meriden Waterbury Road. So, 11:30 on a weekend to me is kind of limiting. I don’t understand why we’re saying 11:30. If he agrees to it, that’s fine. MR. VINCI: During the week over at TD’s it’s to 12:00. MR. SALKA: I agree. During the week I am not as --- MR. VINCI: And, then the weekends it’s 2:00 am. MS. POTTER: We should follow the same here. (Everyone talking at once.)

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MR. PERZHILLA: Make it easy my job, so I don’t have to chase people. MS. POTTER: The last call is at 1:30 and he closes at 2:00. MR. PERZHILLA: At 1:30 I can put everybody in. They don’t have to be at 2:00 in there. MR. VINCI: One-thirty? Okay. MR. PERZHILLA: Yah, 1:30 would be perfect for weekends because of the last call, anyways. MR. SALKA: I just can’t see taking --- if we got, if we’ve already had two or three or one, at least, I think there is a couple of more that we’ve gone beyond the 11:30, why’re we limiting him to 11:30? THE CHAIR: I was concerned about is it’s so close to the highway there. MR. SALKA: We’ve got Queen Street! THE CHAIR: Yah, I know. MR. SALKA: Within 10’ of, there’s a stonewall within 10’ of Queen Street. This one is set back. MR. PERZHILLA: I’m way back. I’m going to have 30’ back. MR. SALKA: Can’t even see it. MS. POTTER: I’m with you. MR. PERZHILLA: This is very quiet. I mean there’s nothing, no big crowds. It’s just you know, people that come in every day. THE CHAIR: Okay. MR. VINCI: Hours of operation shall be limited to Sunday thru Thursday, 11:00 am to 11:30 pm. And, Friday and Saturday, 11:00 am to 1:30 am. MR. SALKA: That work for you, too? MR. PERZHILLA: Yah, it works for me. It’s better. Easier job. Actually, because I don’t have to tell them about the hours. When you call Last Call, you can wrap up the whole night.

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MR. SALKA: Because he’s going to renew it in a year and if it looks like it’s getting out of hand – MR.PERZHILLA: No, it would never get out of hand. MR. SALKA: I’m sure it won’t. MR.PERZHILLA: We don’t do that. No. MR. VINCI: (2) All alcoholic beverages shall be served in glasses, cups and so on and not in the original containers. (3) There shall be no music or entertainment outside. (4) There shall be no amplification or loudspeakers out there. (5) Approval is good for one year, renewed annually. MR. PERZHILLA: Yup. THE CHAIR: So you agree to all the stipulations. Okay, thank you. MR. PERZHILLA: Yes. THE CHAIR: Any more questions for the applicant? (No response) Have you finished your presentation? MR.PERZHILLA: Yes, thank you very much. THE CHAIR: Thank you. Anybody to speak in favor of the applicant? (No response) Anybody opposing the applicant? (No response) If not, this appeal is closed.

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CONTINUED PUBLIC HEARING ITEMS A. APPEAL #5768A, application of Rave Southington, LLC for a variance to allow a 275 sf building where 150 sf is allowed under Sections 13-07 & 15-04 of the Zoning Regulations, 1821 Meriden-Waterbury Road (former showcase Cinema) in a B zone. MR. VINCI: This is another tabled public hearing item. Mr. Chairman, I have a request for a withdrawal from the agent for the applicant. It is dated today, May 11, 2010. Zoning Board of Appeals, 75 Main Street, Southington, CT. Re: Appeal 5768A Dear Mr. Chairman and ZBA Members: Please accept this letter as our formal request to withdraw Appeal 5768A. At this time, Rave Cinemas has decided to use existing signage that meets the town’s sign regulations. Thank you. Sincerely, Darcy Roy. 7:41 pm.

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REGULAR MEETING Approval of Minutes – Regular Meeting of April 27, 2010 Mr. Salka made a motion to approve the Minutes from the April 27th meeting. Ms. Potter seconded. Motion passed unanimously on a voice vote. A. APPEAL #5779A, application of Raffaele Donato to vary the side yard setback to 10.84’ where 15’ is required to add a level to an existing dwelling under Sections 7A-00 & 15-04 of the Zoning Regulations, 21 Celella Drive, property of Raffaele Donato a.k.a. Raffaele Donato in an R-12 zone. Mr. Salka made a motion to approve Appeal 5779A. Mr. Kuklinski seconded. Ms. Potter said she was having a hard time on this one. I know that it was done before the regulations started, but now with the regulation in, it will make it worse. The Chair commented there are cottage type homes there. Ms. Potter commented further it doesn’t fit in. It is too big for the area. Mr. Kuklinski said there is no hardship involved here. Mr. Salka agreed the size of the building is excessive. It’s really excessive for that particular area. It’s going to stand out and it’s not going to do anything for the neighborhood. I can understand why he wants to do it and I can understand the setback was changed. Not even talking about that, what we’re talking about here is the size of the structure to its surrounding areas. I can’t support that. The Chair noted a self imposed hardship. Motion fails 0 to 5 on a roll call vote. B. APPEAL #5780A, application of Heidi R & John T. Srillacci for special exception approval to keep a family flock of chickens under Sections 3-01.31B & 15-05 of the Zoning Regulations, 103 Fox run Road, in an R-20/25 zone.

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Mr. Salka made a motion to approve Appeal 5780A with the four stipulations the ZEO had included. Ms. Potter seconded. Stipulations: Enclosure shall not exceed 400 sf Number of chickens limited to 12 No roosters Chickens will be enclosed at all times. Motion passed 5 to 0 on a roll call vote. C. APPEAL #5781A, application of Mike Gibney d/b/a the Asado Restaurant for special exception approval to allow applicant to serve alcoholic beverages as part of their outside dining approval under Sections 4-01.32A, 11-04 & 15-05 of the Zoning Regulations, 142 Center Street, property of SDB Properties, LLC in a CB zone. Mr. Salka made a motion to approve Appeal 5781A with the stipulations the ZEO read. Ms. Potter seconded. Stipulations: Hours of operation shall be limited to Sunday thru Thursday 11:30 am to 11:30 pm. And, Saturday and Sundays 11:30 to 11:30. (2) All alcoholic beverages shall be served in glasses, cups and so on and not in the original containers. (3) There shall be no music or entertainment outside. (4) There shall be no amplification or loudspeakers out there. (5) Approval is good for one year, renewed annually. Ms. Potter noted that is what is already going on, so he’s just going to follow suit. The Chair added it is all good for the Town of Southington downtown. Mr. Salka commented one thing he liked about this application is the 4’ that he’s got. He built around those trees and they’re very difficult to get around if you are a handicapped person. That was a nice touch. Motion passed 5 to 0 on a roll call vote.

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D. APPEAL #5777A, application of Gezim (Jim) Perzhilla for special exception approval to expand existing restaurant and to allow applicant to serve alcohol on proposed patio area under Sections 4-03.32A, 11-04 & 15-05 of the Zoning Regulations, 930 Meriden-Waterbury Road (Spartan’s II Restaurant), property of Han Development, LLC in a B zone. Mr. Salka made a motion to approve Appeal 5777A with the stipulations we put into the record. Ms. Potter seconded. (1) Hours of operation shall be limited to Sunday thru Thursday, 11:00 am to 11:30 pm. And, Friday and Saturday, 11:00 am to 1:30 am. (2) All alcoholic beverages shall be served in glasses, cups and so on and not in the original containers. (3) There shall be no music or entertainment outside. (4) There shall be no amplification or loudspeakers out there. (5) Approval is good for one year, renewed annually. Motion passed 5 to 0 on a roll call vote. CONTINUED PUBLIC HEARING ITEMS A. APPEAL #5768A, application of Rave Southington, LLC for a variance to allow a 275 sf building where 150 sf is allowed under Sections 13-07 & 15-04 of the Zoning Regulations, 1821 Meriden-Waterbury Road (former showcase Cinema) in a B zone. Withdrawn. Miscellaneous/Old Business/New Business Mr. Vinci reported a request from TD Homer’s to renew their patio permit for this year. As is the custom, we make them renew for a couple of years, which they’ve done and if there is no problem, we allow it. Mr. Salka made a motion to approve the application for TD Homer’s to continue the existing patio permit with the stipulations currently they’re currently operating under. Mr. Bohigian seconded.

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Motion passed unanimously on a voice vote. Mr. Salka made a motion to adjourn. Ms. Potter seconded. Motion passed unanimously on a voice vote. (Whereupon, the meeting was adjourned at 7:45 o’clock, p.m.) Joseph LaPorte, Chairman Zoning Board of Appeals