ZBA Minutes - January 23, 2001

Zoning Board of Appeals

January 23, 2001

Chairman Dominic N. Moschella called the Prospect Zoning Board of Appeals meeting to order at 7:02 P.M. Members present: Dominic Moschella, Carl Graveline, Harold Bernier and Betty Lou Holley, Alternates – George Havican and Maryann C. Anderson. Absent: Martin Atkins and Alternate Donato Orsini.

Chairman Moschella seated George Havican for Martin Atkins.

CORRESPONDENCE: Planning & Zoning minutes; letter from Baio & Associates re: Sydoriak; FOI seminar pamphlet. MOTION made by Carl Graveline, seconded by Harold Bernier to place correspondence on file. Unanimous

MOTION made by Betty Lou Holley, seconded by Harold Bernier to pay the clerical bill. Unanimous

MOTION made by Carl Graveline, seconded by Dominic Moschella to approve minutes of November 28 and December 20, 2000. Carl Graveline indicated that the last paragraph in the November 28th minutes was intended for board reference, not intended for regular meeting, suggested deleting blatantly, basically reiteration of previous discussion. MOTION to approve minutes Unanimous.

PUBLIC HEARING: ZBA Application 15-2000 of Christopher J. Dupre, legal notice published in the Waterbury Republican-American on January 9 & 18 read into the minutes. Mr. Dupre, 2 Spruce Drive, reviewed variance request. Seeking a ten-foot right side-line variance for a pole barn for storage of antique auto. Reviewed that a pole barn doesn’t have a poured foundation. According to Chesprocott requested location is the only available area suitable for this type of structure. Betty Lou Holley questioned pole barn and what it would be used for? – Pole barn would be allowed by Chesprocott and applicant would be storing 1-2 cars with parts. Height would be 1 ˝ stories to level off with property grade, roof of the barn wouldn’t be higher than roof of the house, level with or below level of existing house. Would be used mostly for storage and minor repairs and to keep antique cars out of the weather. Applicant would have clear access.

Public Participation: Letter from Randy and Noreen Cochran, 19 Dogwood Drive, read into the minutes in favor of variance. William Smith, 6 Spruce Drive, also in favor of the variance. Harry Rich, 2 Spruce Drive, spoke in opposition – Feels applicant is actually putting up a garage since the definition of a barn in the dictionary is for storage of grain, feed, etc. Feels applicant should construct 25’ away from property line as required by regulations. Also issue of roofline and water running onto his property. Mr. Dupre plans to have gutters and downspouts to the back of the property. Mr. Dupre and Mr. Rich reviewed Map. Mr. Rich questioned piping of rain gutter onto his property and feels should be 25’ from property line.

Pole barn would have doors and a crushed stone base, storage is for antique cars which is a hobby not a business.

Dominic Moschella pointed out that Chesprocott wouldn’t allow garage due to septic, footing drains, etc.

Zoning Enforcement Officers, William Donovan pointed out health issue as to containing of oil with a stone base.

Mr. Dupre pointed out that as long as the structure is not permanent it would allow access to leach fields, etc.

Mr. Rich reiterated that he is still opposed unless it is 25 feet from the property line.

Betty Lou Holley questioned downsizing – If applicant did downsize pole barn it would require going into the barn at an angle. Applicant will be able to gain access to barn due to the physical layout of the property.

Ella Rich, 2 Spruce Drive, feels too close to her property line and pointed out that they already have a water problem.

Mr. O’Brien, not an abutting property owner, in favor of variance.

Public Hearing closed at 7:38 P.M.

Action on Application:

Betty Lou Holley asked Bill Donovan for his opinion – Bill Donovan has checked out and pointed out that the basic question “is there an actual hardship”.

Dominic Moschella did feel there was a hardship due to the location of the septic. Dominic Moschella concerned about floor not being concrete but indicated that that would be Chesprocott’s territory. Bill Donovan pointed out that the health and welfare of the neighborhood is something that should be considered in voting on this application.

Carl Graveline feels it is important to have the water channeled to the rear of the property and questioned a buffer. Presently there are pine trees and a fence. Carl also questioned if variance was issued could board make a stipulation concerning water run off.

Bill Donovan reviewed building inspector’s investigation, and pointed out that the condition can be put into the motion.
Health codes won’t allow footing drains. Mr. Donovan would also have to note stipulations on site plan.

MOTION made by Carl Graveline, seconded by Harry Bernier to approve ZBA Application 15-2000 of Christopher Dupre, 4 Spruce Drive, a 10 foot right side line variance with the stipulation that present water runoff from barn be directed away from the abutting property owner. Dominic Moschella, Carl Graveline, George Havican and Harold Bernier in favor. Betty Lou Holley opposed. MOTION CARRIED with the stipulation that the water be directed to the back as advised by Chesprocott.

Betty Lou Holley suggested abutting property owner get well tested for possible future restitution.

Public Participation: None

MOTION made by Betty Lou Holley, seconded by Carl Graveline to adjourn. Meeting adjourned at 7:53 P.M.

Dominic N. Moschella, Chair

M. Carrie Anderson, Clerk