ZBA Minutes - August 28, 2001

Zoning Board of Appeals

August 28, 2001

The Regular meeting of the Prospect Zoning Board of Appeals was called to order by Chair Dominic N. Moschella at 7 P.M. Members present: Martin Atkins 7:15 P.M., Carl Graveline @ 7:05 P.M., Dominic Moschella, Harold Bernier, Betty Lou Holley, Alternate George Havican. Absent: Alternate Donato Orsini.

George Havican was originally seated for both C. Graveline and Martin Atkins until they arrived at the above mentioned hours, at which time G. Havican was unseated for the remainder of the meeting.

CORRESPONDENCE: None

Motion made by B. Holley, 2nd by H. Bernier to pay the clerical bill. Unanimous

Motion made by D. Moschella, 2nd by H. Bernier to approve minutes of July 24, 2001. Unanimous

NEW BUSINESS: Larry Segal of 36 Plank Road represented Gilbert & Anne Rogers, 32 Plank Road who are requesting a reduction of the dimensions of the buildable square for which approval is sought be: 135' (top) x 42.5' (left) x 92.5' (bottom) x 135' (right). No deviation from the prescribed standard on the top and right sides, and a 92.5' and 42.5' deviation from the standard for the left and bottom sides, respectively. This buildable square variance request would allow Gilbert & Anne Rogers to assign pool over to Mr. Segal. Motion made by B. Holley, 2nd by C. Graveline to accept ZBA Application 10-2001 of Gilbert & Anne Rogers and schedule the Public Hearing for Tuesday, Sept. 25, 2001 @ 7:10 P.M. Motion unanimous

PUBLIC HEARINGS:

7:10 P.M. ZBA Application 6-2001 of Michael Arisian & Stacey Gittings, 6 Rolling Ridge Court, requesting an eight-foot front line variance for a covered front porch. Notice of Public Hearing read into the minutes, published in the Republican-American August 14th & August 23rd. CL&P easement mentioned. C. Graveline feels easement isn't a factor. No additional questions or comments from the board. No one spoke in opposition. Don Pomeroy, 10 Rolling Ridge Court has no objection, feels it would enhance the neighborhood. Public Hearing closed at 7:15 P.M. Motion made by C. Graveline, 2nd by H. Bernier to approve the eight- foot front line variance for a covered front porch, property located at 6 Rolling Ridge Court hardship being no other feasible location. Motion unanimous

7:20 P.M. ZBA Application 7-2001 of David & Theresa Alves, 129 Cook Road, requesting a 15- foot right side line variance for construction of a family room/dining room addition. Notice of Public Hearing read into the minutes, published in the Republican American August 14th & August 23rd. Applicant submitted survey map. Lot is non-conforming and built in the 1800's. After members reviewed the map D. Moschella suggested members look at property. Motion made by B. Holley, 2nd by H. Bernier that members visit property and continue the Public Hearing until Sept. 25th @ 7:20 P.M. Bill Donovan, Zoning Enforcement Officer, suggested applicant stakeout where addition will be located prior to members visiting the site. Motion Unanimous

C. Graveline pointed out an error in the agenda. Motion made by M. Atkins, 2nd by C. Graveline to correct Glenn Cochran's address should read 142 Summit Road. Motion Unanimous

7:34 P.M. ZBA Application 8-2001 of Glenn Cochran, 142 Summit Road, requesting a 14-foot left side line variance for a family room addition. Notice of Public Hearing read into the minutes, published in the Republican-American August 14th & August 23rd. Applicant reviewed request. The house was previously in compliance to all side line setbacks prior to Wihbey Drive being constructed, which then increased the applicant's left side line setback from 25' to 50'. Motion made by M. Atkins, 2nd by B. Holley to approve ZBA Application 8-2001 of Glenn Cochran a 14-foot left side line variance for a family room addition hardship being that the new road caused the non-compliance. Motion Unanimous

7:41 p.m. ZBA Application 9-2001 of Herwood & Cecelia Cochran, 14 Cook Road. The Cochran's are seeking to subdivide their lot into two parcels. On one (front) parcel where there is an existing house, they are requesting a reduction in the 135''building square for two sides to be reduced to 95 feet each. The variance therefore is a 40-foot reduction on two sides of the 135-foot building square. The Cochran's are also seeking for this same parcel a reduction of the minimum 40,000 square feet requirement by 612 feet, leaving a remaining area of 39,388 square feet. This will still keep all existing structures at least 35' from all new proposed property boundaries. The proposed rear lot would be conforming both in minimum required area (40,000 square feet) not including the 2,347 square feet taken for the driveway and would be able to place a 135' buildable square within the boundary. Notice of Public hearing read into the minutes, published in the Republican-American August 14th & August 23rd. Applicant handed out map, showing the two proposed parcels and indicated the rear, conforming lot's building setback requirements would keep the new house at lease 120' from surrounding existing houses. Driveway would be 20' wide which would allow for emergency vehicles.
Ann Stein, 22 Cook Road, spoke in opposition of the request to subdivide the property, zoning laws are instituted for this purpose & urged members not to approve subdivision.
Debbie & Jim Mathers, 28 Nancy Mae Ave. pointed out they would like to see the area kept as rural as possible.
Beverly Brown, 26 Nancy Mae Ave. reviewed map and would like to keep her property as private as it is presently.
Mr. Cochran indicated that neither the Steins nor the Mathers property border the 14 Cook Road property.
Wayne Green, 16 cook Road, pointed out that the town is growing, the house would be in his backyard and he is in favor of the request.
David Young, 35 Nancy Mae Ave. pointed out that most of the homes on Nancy Mae are ½ acre lots. Applicant's request would create a conforming new lot and is in favor. Property is directly across from Mr. Young's property.

PUBLIC HEARINGS CLOSED AT 8:05 P.M.

Motion made by C. Graveline, 2nd by M. Atkins to approve ZBA Application 9-2001 of Herwood & Cecelia Cochran, 14 Cook Road, for a 40-foot variance of the 135' building square on one of two proposed parcels whereby two sides of the buildable square would be reduced to 95 feet each. Also to allow a reduction of the required minimum 40,000 square feet area by 612 square feet, leaving a remaining lot area of 39,388 square feet. B. Holley made a motion that the driveway be 25' wide. C. Graveline pointed out that this would change the variance request. There was no second on this motion. B. Holley understands neighbors concerns and Mr. Cochran's request. C. Graveline pointed out that the general neighborhood is non-conforming and the front parcel is for a minimal variance request. D. Moschella pointed out that the adjacent lot is almost the same as the applicant's request. Motion Unanimous

B. Holley asked that Bill Donovan look into deliveries at the Mobile station at 5 A.M. Minister at the Congregational Church questioned her about any noise ordinance. C. Graveline suggested that the Minister send a formal letter to Bill.

PUBLIC PARTICIPATION: None

Discussion on the final resolution on the Sydoriak issue. Presently being handled by the attorneys.

Motion made by B. Holley, 2nd by M. Atkins to adjourn at 8:25 P.M. Unanimous

Dominic N. Moschella, Chair

M. Carrie Anderson, Clerk