Chairman Dominic N. Moschella called the Prospect Zoning Board of Appeals meeting to order at 7:03 P.M.
Members present: Dominic Moschella, Carl Graveline, Martin Atkins, Harold Bernier.
Also present: Alternate Maryann C. Anderson – Not appointed to replace permanent members due to a possible conflict.
Absent: Betty Lou Holley, Joyce Jones and Donato Orsini
Also present: William Donovan, Land Use Inspector
CORRESPONDENCE: Planning & Zoning minutes for July 5 & July 21, 2000. MOTION made by Carl Graveline, seconded by Martin Atkins to place on file. Unanimous
MOTION made by Martin Atkins, seconded by Carl Graveline to pay the clerical bill. Unanimous
MOTION made by Martin Atkins, seconded by Carl Graveline to approve June 27, 2000 minutes with correction. Unanimous
NEW BUSINESS:
Mr. Joseph Gentile, 11 Melissa Lane appealing Bill Donovan, Land Use Inspector, cease and desist order concerning ATV’s on personal property looking for clarification of Bill Donovan’s letter. Regulations do not permit an ATV track on residential property. Mr. Gentile indicated path was originally used for bicycles. Questioned if his son could ride his quad up & down his own driveway? Reason for cease and desist order was due to excessive nose, vibrations, etc. Mr. Gentile indicated that his son’s quad is less noisy than a garden tractor. Feels issue of quads should be dealt with townwide. Dominic Moschella pointed out noise ordinance. Mr. Gentile questioned if his son can ride at all?
Bill Donovan – Cease and desist order was based upon excessive use in a residential area and that the issue is ATV and dirt bike use on a circular trail is not customary to residential properties due to noise & disruption to neighbors. The cease and desist was issued with the counsel of the town attorney.
Martin Atkins questioned how many hours was track used? Joe Gentile said mostly after school, ½ to 1 hours a day and some Saturday’s. Questioned what other towns in the state do? Joe Gentile indicated that there is no place in the state where riding is allowed except on private property.
Joe Gentile also pointed out that kids aren’t really riding anymore – principle of the cease and desist order is telling him he can not do something on his own property? Dominic Moschella indicated restrictions are to protect individuals and neighbors.
Chuck Maher, 15 Melissa Lane, indicated that the track is not a track but a trail. Kids enjoyed riding, only recently become bothersome to a new neighbor. Good sport and enjoyed by the kids. Wondered if there could be a provision in town where kids could ride, maybe a place in town set aside to do so? Dom Moschella suggested going before the Board of Recreation.
Joe Gentile wants to feel he is not being singled out and wondered what it would take to have cease and desist order removed.
Dom Moschella – would require setting a Public Hearing without a Public Hearing cease and desist order cannot be reversed.
PUBLIC HEARINGS:
Chairman Moschella read notice published July 11 & July 20, 2000 in the Waterbury Republican American into the minutes for each application.
7:23 P.M. ZBA Application 5-2000 John Strang, 76 Morris Rd seeking an 18-foot left sideline variance and a 35-foot rear property line variance for a proposed 12’x16’ detached shed. No one spoke in opposition. Mr. Desantis & Mr. & Mrs. Janetty spoke in favor. Carl Graveline pointed out hardship location of an existing pool, septic system & size of lot. Public Hearing on this application closed at 7:28 P.M.
7:28 P.M. ZBA Application 6-2000 Silven Cyr, 23 Merriman Lane seeking a 15-foot right sideline variance for a 2’x10’house closet addition. Dominic Moschella drove by and indicated that the addition is already completed. Martin Atkins questioned why he applied, applicant originally wanted to put an addition on back of house but would be too close to the septic system. Douglas Merriman, 25 Merriman Lane, questioned that closet was originally suspended, not concerned , house is approx. 10’ from his property line which was built prior to zoning. Douglas Merriman in favor of variance. Public Hearing closed at 7:33 P.M.
7:33 P.M. ZBA Application 7-2000, Lancorp Developers, LLC, 59 Coe Road, Wolcott, CT Scott Poryanda, Engineer. Seeking a 10-foot front line variance for a new house on Nicholas Court due to a construction error. House is 8 feet closer to the road than required by zoning. Will not impair sideline. Martin Atkins questioned whose liability if variance is denied, surveyor & contractor would be liable. Carl Graveline questioned "as-built" – Error was determined after as-built was performed. Dominic Moschella indicated he drove by and house is already up. Scott Poryanda pointed out that as built is not required until going for certificate of occupancy. Bill Donovan didn’t issue a formal cease and desist order, rough framing was done when builder was notified. Builder came in right away, June 16th in order to correct.
No further questions from the board. Mrs. Hack, Scott Road resident, pointed out that she can here construction all along, feels precedent has been set and variances are getting out of hand. Gene McCarthy, Public Works, referred to past incidents was during Mr. McCarthy tenure as the Zoning Enforcement Officer builders were notified upon inspection of footings and they continued to building. No further comments. Public Hearing closed at 7:49 P.M.
NEW APPLICATIONS:
MOTION made by Martin Atkins, seconded by Carl Graveline to add Michael Gelinas, 13 Peach Orchard Road and Salvatore & Sebastinia Gibilisco, Morris Road to the agenda. MOTION Unanimous
Michael Gelinas, 13 Peach Orchard Rd, seeking a 15-foot left side line variance for construction of a garage. MOTION made by Martin Atkins, seconded by Harold Bernier to accept the application and schedule the Public Hearing for August 22, 2000 @ 7:10 P.M. Hardship being width of property, water discharge and non-conformity of lot. MOTION Unanimous
Mr. Osborne spoke for Ana Gibilisco. Mr. Gibilisco bought the property with the understanding that it was three lots. Questions asked concerning the deed, how taxed etc. Bill Donovan will research and carry over to the next meeting. Issue of nonconformity needs to be answered.
ACTION ON APPLICATIONS
MOTION made by Martin Atkins, seconded by Carl Graveline to approve ZBA Application 5-2000, John Strang, 76 Morris Road, an 18-foot sideline variance and a 35-foot rear property line variance for a proposed 12X16 detached shed hardship being location of an existing pool and septic system. MOTION Unanimous
MOTION made by Carl Graveline, seconded by Martin Atkins to approve ZBA Application 6-2000, Silven Cyr, 23 Merriman Lane, a 15-foot right sideline variance for a 2x10 house closet addition. Hardship being non-conforming location of house. Martin Atkins reiterated the fact that Mr. Cyr should have come to ZBA before adding the closet. MOTION Unanimous
MOTION made by Martin Atkins, seconded by Harold Bernier to approve ZBA Application 7-2000, Lancorp Developers, LLC, Lot 7, Nicholas Court seeking a 10-foot front line variance for a new house. Hardship being deviation in construction. Noted that developer did come in shortly after it was determined that the dwelling was incorrect. Carl Graveline questioned lots across the street, Bill Donovan checked out and everything seems to be okay. Carl Graveline visited the site and it appears that it wasn’t done purposefully, encroachment is mainly the front porch. Carl Graveline abstained, Dominic Moschella, Harold Bernier and Martin Atkins in favor. MOTION CARRIED.
Bill Donovan updated members on the cease and desist order. Mr. Gentile and Mr. Maher, Melissa Lane residents indicated to Mr. Donovan that they would not be appealing.
MOTION made by Carl Graveline, seconded by Harold Bernier to adjourn. Unanimous Meeting adjourned at 8:25 P.M.
Dominic N. Moschella, Chair