William Donovan, Zoning Enforcement Officer, opened the meeting.
Motion made by Martin Atkins, 2nd by Betty Lou Holley to nominate Dominic Moschella as Chair. Motion Unanimous
Dominic Moschella called the meeting to order at 7:03 P.M. Members present: Jeffrey Slapikas, Frederick Harkins, Martin Atkins, Dominic Moschella, Betty Lou Holley, Alternate George Havican. Absent: Alternate Donato Orsini
Motion made by F. Harkins, 2nd by M. Atkins to nominate Betty Lou Holley as Vice Chair. Motion Unanimous
Motion made by M. Atkins, 2nd by J. Slapikas to schedule Zoning Board of Appeals meetings for the 4th Tuesday of every month @ 7 P.M. for 2002. Motion Unanimous
CORRESPONDENCE: Seminar re: Conn. Commercial Real Estate Conference; P&Z minutes 9/19/2001 & 10/3/2001; Conn. Bar Assoc. Planning & Zoning Newsletter - M. Atkins requested copies on a regular basis. Motion made by F. Harkins, 2nd by B. Holley to place correspondence on file. Unanimous
Motion made by B. Holley, 2nd by M. Atkins to pay the clerical bill. Motion Unanimous
Motion made by B. Holley, 2nd by M. Atkins to approve the minutes of 10/23/2001. J. Slapikas and F. Harkins abstained. Motion carried.
William Donovan pointed out new application form. M. Atkins questioned if the attorney was consulted on format. Application was prepared strictly in house.
PUBLIC HEARINGS:
7:10 P.M. ZBA Application 11-2001, Theodore & Sharon O'Reilly-Rozum, Jr., seeking a 14 foot right side line variance for a 1 story 22x24 garage addition. Notice read into the minutes, published in the Republican-American 10/13 & 10/21. Applicants reviewed request for a 2 car garage addition. Location of the well & septic makes any other location difficult. Well located in the front, septic in the back. Garage would be located in front of the existing garage. House was built in 1984, applicants are not the original property owners. Discussion concerning location of driveway.
Jim Lamarre, 27A Juggernaut Rd questioned if variance would effect his property off of Whibey Court if Mr. Lamarre decided to subdivide. William Donovan pointed out variance would not apply, Mr. Lamarre would have to apply and follow regulations before building. No one spoke in opposition. Public Hearing closed at 7:20 P.M.
7:20 P.M. ZBA Application 12-2001 - George & Maria Brown, agents for Diane Lendroth. Property located at 39 Peach Orchard Road. Vice Chair, Betty Lou Holley, seated as acting chair for the public hearing, Chairman Moschella recused himself because his property is adjacent to applicants. George & Maria Brown indicated that purchase of property contingent on variance. Applicants reviewed map. 1981 Chesprocott did not approve, Chesprocott checked out property recently and doesn't see any problem. William Donovan pointed out lots in the area are also non-conforming. Home would be setback 100' from nearest structure. Thirty-nine Peach Orchard Rd. surrounded by other lots that are non-conforming, property too restrictive. House would be facing sideline of property.
David Brewer, Vice President of CounterPoint Communications, Inc., asked to see map, feels 8 foot variance would negatively impact the area; traffic issue; access issue and potential unsafe situation. Also has a problem with plantings and house would be hazardous to applicants with traffic flow.
Joe Fortier, 40 Peach Orchard Rd., didn't speak in favor or opposition, questioned where house would be located, reviewed map.
Mat Devon, 41 Peach Orchard Rd. Reviewed plans also questioned where septic would be located and if blasting would take place. William Donovan pointed out health code would need to be adhered to, presently only looking into the issue of the 8 foot variances. Discussion concerning ledge in the area, unable to be determined at this time. No further comments from the public or the board. Public hearing closed at 7:35 P.M.
NEW BUSINESS: Darren & Christine Bedard seeking an 8 foot variance of the required 50 foot front setback in a residential zone. Property located at 24 Hemlock Road. Applicant reviewed request, Chesprocott approval received, .47 acre non conforming lot built in 1968, previously on Cook Road, when Hemlock Rd. was extended the home became a corner lot. Motion made by B. Holley, 2nd by J. Slapikas to accept ZBA Application 13-2001 of Darren & Christine Beard, 24 Hemlock Road. Motion Unanimous
Motion made by B. Holley, 2nd by B. Holley, 2nd by F. Harkins to schedule a Special ZBA Meeting December 17th, 2001 @ 7:05 P.M. in order to hold the Public Hearing for ZBA Application 13-2001 of Darren & Christine Beard.
ACTION ON APPLICATIONS:
ZBA Application 11-2001, Theodore & Sharon O'Reilly-Rozum, Jr., 15 A Juggernaut Road. Motion made by F. Harkins, 2nd by B. Holley to approve a 14' right side line variance for construction of a garage, property located at 15A Juggernaut Road. Hardship location of septic & well on property. Motion Unanimous
ZBA Application 12-2001, George & Maria Brown, agents for Diane Lendroth, property located at 39 peach Orchard Road seeking an 8' left side line and an 8 ' right side line variance, applicant indicated on application that hardship is the limited area to place a dwelling, options are limited. Motion made by M. Atkins, 2nd by F. Harkins to approve ZBA Application 12-2001 of Diane Lendroth, property located at 39 Peach Orchard Road. M. Atkins pointed out that many lots in town are non-conforming, concerned with increasing non-conformity, limitation of lot, creating a self-imposed hardship. B. Holley agreed with M. Atkins also concern about ledge in the area. Vote: 0 in favor of variance, F. Harkins, B. Holley, M. Atkins and J. Slapikas opposed. Variance request denied.
PUBLIC PARTICIPATION: No one from the pubic spoke William Donovan welcomed new members and discussion took place concerning opportunities to attend seminars, possible attorney visits to give opinions and information. Also discussed Cochran appeal. M. Atkins welcomed new board members and recognition of Harold Bernier and Carl Graveline for their years of contribution to the board, letters to be sent.
Motion made J. Slapikas, 2nd by B. Holley at adjourn at 7:10 P.M. Motion Unanimous
Dominic N. Moschella, Chair
M. Carrie Anderson, Clerk