ZBA Minutes - June 27, 2000
Zoning Board of Appeals
June 27, 2000
Chairman Dominic N. Moschella called the Prospect Zoning Board of Appeals meeting to order at
7:04 p.m.
Members present: Dominic Moschella, Carl Graveline, (arrived 7:08 p.m.), Martin Atkins, Harold Bernier.
Absent: Betty Lou Holley.
Alternates present: None.
Absent: Joyce Jones, Maryann Anderson, Donato Orsini.
Others Present: William Donovan, Land Use Inspector/Temporary Clerk
Correspondence: Planning & Zoning minutes for June 7, 2000. Motion made by Martin Atkins, seconded by
Harold Bernier to place on file. Unanimous.
Motion made by Martin Atkins, seconded by Harold Bernier to pay the Clerical Bill. Unanimous.
Motion by Harold Bernier, seconded by Martin Atkins to approve minutes of May 23, 2000. Unanimous.
Old Business: None
Public Hearing:
ZBA Application #03-2000, John H. Barlow, Jr., 72-74 Waterbury Road. The public hearing on this application
was continued from May 23, 2000 meeting and opened at 7:12 p.m. Chairman Moschella read the public
notice of continuation as it appeared in the Waterbury Republican American on June 21, 2000. Attorney
Frederic E. Mascolo, representing JIB Realty, 70 Waterbury Road stated that his client is withdrawing his
earlier objection to this application. Chairman Moschella then read into the record a letter from
Attorney Jennifer E. Sills, Carmody & Torrance LLP to Bill Donovan, Land Use Inspector advising Mr.
Donovan that neither the general statutes nor the Prospect Zoning Regulations prohibit a property
owner (who is not himself seeking a dealership license from the DMV) from obtaining the certificate
of approval in connection with a business to be conducted by a prospective purchaser. Miss Sills
in her letter further related that should the property be later sold to an individual who wishes
to obtain a license to deal in or repair motor vehicles, this new owner must make application with
the ZBA for a certificate of approval (with the same limited exceptions set forth in C.G.S. 14-54.)
Mr. Moschella then asked for comments from the public. Marie Della Bella, 8 Orchard Drive, reiterated
her concerns with the increase in traffic this type of business will generate, and also questioned
whether the ZBA should allow such an application if there are specific restricitions on the property
deed which prohibits this type of use. Chairman Moschella stated the ZBA in this matter is acting
as an agent of the State and must limit its' reasons for approval or denial to those standards and
conditions so stated in the Statues. Arlene Baker, 163 Matthew Street expressed a general concern
for increased traffic and disturbance to the proximate residential properties. Mrs. Baker owns
residential property at 80 Waterbury Road. There were no other comments from the public. Jack Barlow
then addressed the commission to relate the intended immediate use of the property would house a
9-vehicle fleet of cars for rental service. Commissioner Atkins asked Mr. Barlow if there is a
commitment to sell the property to a prospective buyer who intends on using the property as
described. Mr. Barlow stated his intentions were to be up front with the commission on describing
what a prospective buyer may wish to do with his property, however there is no contractual
commitment to any one individual at this time. The public hearing was closed at 7:30 p.m.
Chairman Moschella then called for a motion to approve application #03-2000. Motion by Carl
Graveline, seconded by Harold Bernier to approve the location at 72-74 Waterbury Road per
Section14-54 and Section 14-55 of the State Statutes for dealing in or repairing motor vehicles.
Unanimous.
New Business:
John Strang, 76 Morris Road, Prospect. Mr. Strang is seeking an 18-foot left sideline
variance and a 35-foot rear line property line variance for a proposed 12'X16' detached shed.
The hardship as presented by drawing is the location of an existing pool and septic system.
Motion by Carl Graveline, seconded by Martin Atkins to accept application (05-2000) from John
Strang as presented. Unanimous. The public hearing is scheduled for Tuesday, July 25, 2000 at
7:10 p.m.
Silven Cyr, 23 Merriman Lane, Prospect. Mr. Cyr is seeking a 15-foot right sideline variance
for a 2' X 10' house closet addition. The hardship as presented non-conforming location of the
house itself, which is 12-feet from the right sideline, and the location of the public water
service line that enters the house basement at the right front corner. Motion by Martin
Atkins, seconded by Harold Bernier to accept application (06-2000) from Silven Cyr as presented.
Unanimous. The public hearing is scheduled for Tuesday, July 25, 2000 at 7:25 p.m.
Lancorp Developers, LLC, 59 Coe Road Wolcott, CT. Scott Poryanda, Connecticut Consulting
Engineers, Meriden, CT represented the applicant. Mr. Poryanda explained that due to a construction
error, the house under construction at Lot 7, Nicholas Court is located approximately 40 feet
from the front property line. Mr. Poryanda is consequently requesting a 10-foot front line
variance for the new house. The hardship is a deviation in the poured foundation location
from the surveyed foundation location. Motion by Martin Atkins, seconded by Harold Bernier
to accept application (07-2000) from Landcrop Developers, LLC as presented. Commissioners Atkins,
Bernier and Moschella voted to accept the motion: Commissioner Carl Graveline opposed the motion.
The motion carried. The public hearing is scheduled for Tuesday, July 25, 2000 at 7:45 p.m.
Public Participation
Marie Della Bella, 8 Orchard Drive, Prospect. Expressed her disappointment in the Commission's
decision to approve the dealership location at 72-74 Waterbury Road without more consideration being
given to those conditions of approval cited in the Statutes.
Motion by Carl Graveline, seconded by Martin Atkins to adjourn at 7:50 p.m. Unanimous.
Dominic N. Moschella
Chairman