If Walter Nizgorski starts making comments about your application for a variance to the Derby Zoning Board of Appeals, watch out.
Immediately after ZBA member Nizgorski expressed some general concerns about a variance application, Jalowiec Realty Associates withdrew its application to add two basement efficiency apartments to apartment houses it owns on Sodom Lane.
Jalowiec owns five apartment houses at the intersection of Sodom and Marshall lanes.
The complex was built in about 1985, according to Matthew Jalowiec, who made his case to members of the ZBA Wednesday night.
However, Derby changed its zoning map in 2000, prohibiting multi-family housing on Sodom Lane.
Jalowiec was hoping the ZBA would grant a variance, allowing them to add one apartment to 85 Sodom Lane and one apartment to 87 Sodom Lane.
The apartment houses were originally intended to be three-family units, Matthew Jalowiec reasoned, as they were fitted with three gas and electric meters.
Granting the variance would simply allow them to finish what they started in the 1980s, Jalowiec said.
However, Nizgorski, a Derby official for 54 years, pointed out that Jalowiec said the town changed its zoning for a reason and that allowing Jalowiec to be the exception to the rule would cause others to show up and ask for the same treatment.
As Nizgorski made his comments, Matthew Jalowiec conferred twice with his engineer, Jim Rotondo.
Then Joseph Jalowiec leaned forward and whispered into Rotondo’s ear.
Rotondo then announced Jalowiec was withdrawing the application, which left a puzzled look on the face of some of the ZBA members.
In all, Jalowiec was asking for six variances from the ZBA.
Had they been granted, he would have submitted a site plan application to the Planning Commission.
