Chairman Dominic Moschella called the Prospect Zoning Board of Appeals meeting to order at 7 P.M. Members present: Dominic Moschella, Carl Graveline @ 7:05 P.M., Harold Bernier, Betty Lou Holley & Alternate Donato Orsini. Absent: Martin Atkins and Alternate George Havican.
Chair D. Moschella seated Donato Orsini for Martin Atkins.
CORRESPONDENCE: Letter from Mayor Chatfield re: Prospect's Web Page; Resignation from Maryann C. Anderson as an alternate; Council of Governments re: Workshop; P&Z Minutes of January 17 & February 7, 2001
MOTION made by B. Holley, seconded by D. Orsini to pay the Clerical Bill. Unanimous
MOTION made by H. Bernier, seconded by B. Holley to approve January 23, 2001 minutes. Unanimous
Application of Lynda & Roger Malagutti, 23 Colonial Drive, seeking a 48 foot rear line variance for an existing shed, applicant wasn't aware of the need for a variance, shed built in line with other shed. No questions from the board members. MOTION made by B. Holley, seconded by H. Bernier to accept ZBA Application 1-2001 of Lynda & Roger Malagutti and schedule a Public Hearing for April 24, 2001 @ 7:10 P.M. MOTION Unanimous
Domenico & Franca DiLoreto being represented by Atty. Michael Broderick appealing Zoning Officers Cease & Desist order of an illegal expansion of a non-conforming use on property located at 20 Union City Road. Applicant is willing to work with the town to resolve the problem of excessive parking & storage of vehicles on the property. Atty. Broderick pointed out that the adjacent property, located at 1 Schoolhouse Rd, was acquired by the DiLoreto's in November. B. Holley requested copies of the Cease & Desist order. MOTION made by H. Bernier, seconded by C. Graveline to accept the appeal of the Cease & Desist order issued by the Zoning Enforcement Officer, William Donovan. Mr. Donovan made a presentation to the commission members. The Prospect Service Center, a non-conforming use in a design commercial zone, existed prior to zoning. Pointed out that non-conformities are not allowed to expand; applicant has taken on new use with the Towing Service which is an illegal expansion on the non-conforming use exists. Atty. Broderick indicated presently an intensification of use. Commissioners are welcome to make a site visit. Also pointed out that the adjoining property is not part of the appeal. MOTION Unanimous to accept the appeal of the Cease and Desist order and schedule Public Hearing for April 24, 2001 @ 7:20 P.M.
PUBLIC PARTICIPATION: William Donovan mentioned the passing of Joseph Piotrowski, a member of the Inland Wetland Commission.
B. Holley spoke concerning the Pole Barn that was previously approved, felt there was not an actual hardship but a personal hardship.
D. Moschella requested from Zoning Enforcement Officer on how to gage a hardship - courses are offered and attorneys do come around every so often. B. Donovan pointed out that hardships can be determined by comparing to abutting property owners, also uniqueness of lot and working in with the character of the neighborhood, necessary to take a look at the effect on surrounding areas.
MOTION made by B. Holley, seconded by H. Bernier to adjourn. Meeting adjourned at 7:32 P.M.