ZBA Minutes - April 25, 2000

Zoning Board of Appeals

April 25, 2000
Approved 5-23-2000

The Prospect Zoning Board of Appeals meeting was called to order at 7:01 P.M. by Chairman Dominic N. Moschella. Members present: Martin Atkins, Carl Graveline, Dominic Moschella, Harold Bernier, Betty Lou Holley, Alternate Maryann C. Anderson. Absent Joyce Jones.

CORRESPONDENCE: Planning & Zoning minutes from 2-16-2000, 3-15-2000 & 4-5-2000. MOTION made by Carl Graveline, seconded by Betty Lou Holley to place on file. Unanimous

MOTION made by Carl Graveline, seconded by Martin Atkins to approve minutes of 3-28-2000. Unanimous

OLD BUSINESS: None

NEW BUSINESS: Agostinho Gomes, 57 Scott Road, reviewed request for variance. Would like to add a two car garage to existing non-conforming house, property is pie shaped. Dominic Moschella asked applicant to allow members to visit property. Betty Lou Holley questioned if there are any wetlands, Bill Donovan will look into. Bill Donovan also clarified that applicant is seeking a 24 foot front line variance and a 7 foot left side line variance. Hardship being location of well and septic.

MOTION made by Martin Atkins, seconded by Betty Lou Holley to accept the application of Agostinho Gomes, 57 Scott Road, seeking a 24 foot front line and a 7 foot left side line variance for a garage addition, hardship shape of lot and noted easement. Public Hearing scheduled for May 23, 2000 at 7:15 P.M. Unanimous

Regular business suspended in order to conduct scheduled Public Hearing

PUBLIC HEARING: 7:15. Notice read by Chairman Moschella published in the Waterbury Republican- American April 11th & 20th. Applicant reviewed request for a 14-foot right sideline variance for construction of a 10X10 foot typical shed, limited due to location of septic, leachfields and reserve, shed would be nestled in a natural barrier and neighbors won't be able to see. Feels hardship would be environmental. No further questions from the board. No one spoke in favor or opposition. Public Hearing Closed at 7:20 P.M.

NEW BUSINESS: (Continued)

John H. Barlow, Jr., 72-74 Waterbury Road. Bill Donovan referred to CT State Statute 14-54 re: repair of motor vehicle, applicant required to obtain approval of location from the local authority prior to Department of Motor Vehicle approval. Mr. Barlow's intent is to have front of building be retail and rear of building would be leasing of cars, cars would be purchased, repaired and resold at site. Martin Atkins questioned building being for sale. (Sale contingent on approval of property) Renting and leasing, would be working through dealerships and body shops. Obtaining approval from ZBA is a necessary step in order to obtain permit from DMV. Mr. Barlow indicated that people who are looking into purchasing the building are well-known in town. Reiterated that front will be another type of business. Automobiles would be in the rear of the building. Martin Atkins questioned maximum number of cars, approx. 2 dozen. Mr. Barlow also pointed out that 72-74 Waterbury Road is two lots. Mr. Donovan pointed out after ZBA approval applicant will be required to submit site plan to Planning & Zoning at which point number of automobiles and landscaping will be addressed. MOTION made by Carl Graveline, seconded by Betty Lou Holley to accept application of Mr. John H. Barlow, Jr. for used auto sales at 72-74 Waterbury Road. Unanimous MOTION made by Martin Atkins, seconded by Carl Graveline to schedule the Public Hearing for May 23, 2000 @ 7:30 P.M Unanimous

MOTION made by Betty Lou Holley, seconded by Harold Bernier to add Jack & Diane Burns, 12 Evergreen Lane, to the agenda under New Business. Unanimous

Mr. Burns reviewed application. Seeking a 13-foot front line variance for a living room, bedroom addition. Bill Donovan clarified for the members. Hardship location of septic and architectural conformity to the neighborhood. Dominic Moschella asked applicant to allow members to visit the property. House is already non-conforming. MOTION made by Martin Atkins to accept the Application of Jack and Diane Burns, dated 4/20/2000, 12 Evergreen Lane. Motion seconded by Betty Lou Holley. Unanimous. MOTION made by Carl Graveline, seconded by Betty Lou Holley to schedule the Public Hearing for May 23, 2000 @ 7:45 P.M. Unanimous

PUBLIC PARTICIPATION: Robert Skrip, 106 Cheshire Road, spoke on behalf of Mr. Barlow. Mr. Skrip has always had a good friendship and business relationship with the applicant/potential buyer. Betty Lou Holley reiterated that Mr. Skrips and Mr. Barlows reputations proceed them.

ACTION ON APPLICATION: ZBA Application 01-2000 Mr. Peter Stephanak, 12 Matthew Street, seeking a 14 foot right sideline variance for construction of a 10x10 shed. MOTION made by Betty Lou Holley, seconded by Harold Bernier to approve. Discussion: Betty Lou Holley doesn't see hardship, applicant has plenty of property. Dominic Moschella said he drove by. Looking at map, if applicant moved closer location of septic tank would be a problem. Would need to be located in southwest corner of property which hilly. Carl Graveline indicated no objections from neighbors. Martin Atkins questioned if applicant could move back 11 feet - would require cutting down 40-50 foot trees. Applicant is trying to keep natural setting. If moved closer would be too close to the septic and property line and would require a larger variance. Applicant is limited due to the shape of the property. Martin Atkins questioned how close house is in back. Eight feet from property line, neighbors can barely see due to mature trees. Martin Atkins also questioned height of shed, 10X10 by no more than 10 feet high. Shed would be a basic outbuilding and color would match the house. MOTION to approve application Unanimous. No opposition. Hardship topography of land and location of septic.

MOTION made by Carl Graveline seconded by Harold Bernier to adjourn. Unanimous. Meeting adjourned at 7:52 P.M.

Domenic N. Moschella, Chair

Maryann C. Anderson, Clerk