ZBA Minutes - May 23, 2000
Zoning Board of Appeals
May 23, 2000
The Prospect Zoning Board of Appeals meeting was called to order at 7:02 p.m. by Chairman
Dominic N. Moschella, Betty Lou Holley, Carl Graveline, Martin Atkins, Harold Bernier, Alternate
Joyce Jones. Absent, Alternate MAryann Anderson, Alternate Donato Orsini.
Correspondence: Planning & Zoning minutes from 4-19-2000 & 5-3-2000.
Motion made by Carl Graveline, seconded by Harold Bernier to place on file.
Unanimous.
Motion made by Betty Lou Holley, seconded by Carl Graveline to pay the clerical bill.
Unanimous.
Motion made by Carl Graveline, seconded by Betty Lou Holley to approve minutes of 4-25-00.
Unanimous.
Old Business: None
New Business: None
Public Hearing:
ZBA Application #02-2000, Agostinho Gomes, 57 Scott Road. The public hearing on this application
opened at 7:15 p.m. Chairman Moschella read the notice of publichearing as it appeared in the
Waterbury Republican American on May 9th & 18th. The applicant reviewed his request for a 24-foot
front line and a 7-foot left side line variance for a garage addition. Mr. Gomez indicated that
his lot is pie-shaped with the septic in the back of the house. Chairman Moshella asked if it
was possible to put the garage on the opposite side of the house. Mr. Gomez stated his house
was 33 feet from the right side line and there is a retaining wall on that side because of a
downward grade on his neighbor's property. Commissioners Holley, Graveline and Bernier had visited
the site individually and had no problem with the application. There were no comments from the
public. The public hearing was closed at 7:20 p.m.
Action on Application: ZBA Application #02-2000, Agostinho Gomes, 57 Scott Road, seeking a
24-foot front line and a 7-foot left side line variance for a garage addition. Chairman
Moschella stated that he drove by the property and has a concern that the addition would
be too close to the road. Carl Graveline indicated that Mr. Gomes has a wide driveway for
maneuvering vehicles and he has offset the addition into the house. He felt the addition
was being proposed in the most feasible spot and had no objection to the application.
Mr. Gomez stated the proposed garage would extend an additional 10 feet from the existing house.
Motion made by MArtin Atkins, seconded by CArl Graveline to approve the application of
Agostinho Gomes, 57 Scott Road, for a 24-foot front line and a 7-foot left side line variance
for a garage addition. HArdship is located of the well and septic and limitations in adding on
the exisiting structure. Unanimous.
Public Hearing:
ZBA Application#03-2000. John H. Barlow, Jr., 72-74 Waterbury Road. The public hearing on this
application opened at 7:30 p.m. Chairman Moschella read the notice of public hearing as it
appeared in the Waterbury Republican American on MAy 9th & 18th. The applicant and Vincent
Lorusso, the potential buyer of the property, reviewed the request under Section 14-54 of
the Connecticut State Statues for a certificate of approval of the location for buying, selling
and repair of vehicles at 72-74 Waterbury Road. This approval was needed before the State would
issue a license for Mr. Lorusso. MartinAtkins questioned whether it was appropriate for Mr.
Barlow to be seeking approval, as Mr. Barlow would not be involved with the proposed business.
Bill Donovan indicated that the Commissioners would be approving the location for dealing in or
repairing motor vehicles. Carl Graveline stated that the use is allowed under current zoning
regulations, the State is just looking for verification regarding the specific location. He
indicated a site plan would need to be approved by Planning & Zoning. Mr. Lorusso and Mr.
Barlow reiterated that they are not dealing with the actual license at this point, they just
need certification of the proposed use from the Town regarding the location in order for
Mr. Lorusso to apply for the license. Bill Donovan asked whether gasoline or other solvents
would be stored on the property. Mr. Lorusso stated there would be no storage of gasoline on the
property. Normal hours of operation would be Monday through Friday, 8:00 a.m. to 5:00 p.m. and
Saturday from 8:00 a.m. to 3:00 p.m. No Sunday hours. Harold Bernier asked how used oil from oil
changes would be disposed of. Mr. Lorusso stated that used oil would be disposed of through the
use of a waste hauler. The public was invited to speak. MArie Della Bella, 8 Orchard Drive, asked
whether the building size would be increased. Mr. Lorussp stated the building appearance would be
enhanced, but the size would not change. Mrs. Della Bella had a serious concern regarding the
increase in traffic in an already congested area and additional noise from revving cars. She also
indicated that the proposed use of the land would be inappropriate for 74 Waterbury Road, as this
property has a deed restriction on it governed by the Hotchkiss Estate. She urged the board to deny
this application. Bonnie and Ed Davis, 6 Orchard Drive, asked about possible enlargement of the
rear parking area, an outlet onto Orchard Drive, and wastewater from washing vehicles. Mr. Lorusso
stated they don't anticipate enlarging the parking lot, the current buffer would be supplemented
with additional vegetation and a fence and there would be no outlet for exiting or entering
Orchard Drive. Wastewater would need to be held in a holding tank that would be pumped. Attorney
Frederic Mascolo, representing JIB Realty, 70 Waterbury Road, stated that under Section 14-55 of
the Connecticut State Statutes, theCommssion must insure that certain standards are met prior
to approval, such as the location being suitable for the intended business with due consideration
to its location in refernce to public gathering places, traffic conditions, width of highway and
effort on public travel. Mr. Mascolo feels that approval of this application would increase
traffic to larger proportions, impacting on the community and imperiling the safety of the public.
He is not in favor of this application. Steven Skrebutenas, 3 Orchard Drive, objected to the
application, citing safety concerns due to increased traffic. He also stated his concern with
the storage of used waste oil and the possibility of contamination to the area's water supply.
Mr. Skrebutenas later suggested that this matter be tabled, the Town Attorney be contacted
for an opinion as to the validity of the application, neighbors be notified again, and
possibly have the Town Attorney at the next meeting. Bob Skrip, 106 Cheshire Road,
spoke in favor of the application, citing the integrity of Mr. Lorusso as an outstanding businessman.
Being in the auto repair business himself, he assured the neighbors that the state monitors the
activity of such businesses very closely. He reiterated that the property would be enhanced with
no expansion of the building. He also pointed out that no matter where you go in Town, traffic
is an issue, not just on the major arteries. Mr. Lorusso was questioned regarding whether he
would be repairing vehicles other than the leased vehicles and what the average age and mileage
would be on the vehicles that would be kept on the property. Mr. Lorusso indicated he would not
only be repairing leased vehilces. He stated that the majority of his customers live in Prospect,
which demonstrates a need for such a business in Town and also, as indicated by the neighbors,
there are other similar businesses in the area, which would be demonstrate that the area is suitable
for this proposal.
Motion by Martin Atkins, seconded by Harold Bernier to continue the public hearing at the June
27, 2000 meeting at 7:10 p.m. Martin Atkins, Dominic Moschella, HArold Bernier voted in favor of the
motion. Carl Graveline, Betty Lou Holley voted against the motion. Motion carried. The public
hearing was closed for the evening at 8:40 p.m.
Public Hearing:
ZBA Application #04-2000, Jack & Diane Burns, 12 Evergreen Lane. The public hearing on this
application opened at 8:40 p.m. Chairman Moschella read the notice of public hearing as it
appeared in the Waterbury Republican American on May 9th & 18th. The applicant reviewed the
request for a 13-foot front line variance for a living room, bedroom addition. Hardship is the
location of the septic and architectural conformity to the neighborhood. Dominic Moschella
stated that he had driven by the location and didn't see a problem. The public was invited
to comment. Mike Relva, 10 Evergreen Lane, stated he was in favor of this application. The
addition would enhance the property and give the applicant more living area. Bill Donovan
asked if Mr. Relva felt the value of his property would be harmed in any way by this proposal.
Mr. Relva stated he didn't see any reason for this to change his property value at all.
Barbara Smith, 9 Evergreen Lane, stated she was in favor of the application. There were no other
comments. The public hearing was closed at 8:45 p.m.
Action on Application: ZBA Application #04-2000, Jack & Diane Burns, 12 Evergreen Lane, seeking
a 13-foot front line variance for a living room, bedroom addition. Chairman Moschella stated that
the addition doesn't look like it encroaches on the street at all. He didn't see a problem.
Carl Graveline stated that there seems to be objections within the neighborhood.
Motion by Betty Lou Holley, senconded by Carl Graveline to accept the application of Jack &
Diane Burns, 12 Evergreen Lane, for a 13-foot front line variance for a living room, bedroom
addition. Hardship is the location of well and septic. Unanimous.
Public Participation: None
Motion by Martin Atkins, seconded by Carl Graveline to adjourn at 8:55 p.m. Unanimous.
Dominic N. Moschella
Chair