ZBA Minutes - April 23, 2002

Prospect Zoning Board of Appeals

April 23, 2002

The Prospect Zoning Board of Appeals meeting was called to order at 7:04 P.M. by Chair Domenic N. Moschella. Members present: Frederick Harkins, Martin Atkins and Domenic Moschella. Absent: Jeffrey Slapikas, Betty Lou Holley and Alternates George Havican, Joseph Commendatore and Carl Graveline.

Also present William Donovan, Zoning Enforcement Officer

CORRESPONDENCE: Planning & Zoning Minutes 2/6, 2/20, 3/6, 3/20, & 4/3; Letter from Chesprocott re: 22 Union City Road; Resignation letter from clerk of ZBA; Council of Governments Land Use Forum. Motion made by M. Atkins, 2nd by F. Harkins to place on file. Motion Unanimous

Motion made by M. Atkins, 2nd by F. Harkins to pay the clerical bill. Motion Unanimous

Approval of minutes of March 26, 2002 postponed due to lack of members.

NEW BUSINESS:

Brian & Michelle Viltrakis, 65 Straitsville Road. Letter received allowing Brian Doody to represent applicant. Mr. Doody reviewed application, applicant is seeking a 3 foot left side line variance for a garage addition. Motion made by M. Atkins, 2nd by F. Harkins to accept ZBA Application 16-2002 and schedule the Public Hearing for May 28, 2002 @ 7:10 P.M. William Donovan suggested Mr. Doody review hardship since there isn't one on the application. Hardship: Existing undersized garage, most economical to build, opposite side wouldn't be practical & would require another driveway and be closer the abutting property owner. Motion to accept application Unanimous

Earl & Jean Reilly, 179 Union City Rd. Mr. Reilly reviewed application requesting a 40 foot rear line and a 15 foot left side line variance for a pole barn on back of property for storage of boat, snowmobiles, etc. Applicant will be removing old sheds on property. Applicant indicated hardship on application being a corner lot with steep slopes and running brooks and pond. Mr. Donovan requested that applicant stake out the property. Motion made by M. Atkins, 2nd by F. Harkins to accept ZBA Application 17-2002 and schedule Public Hearing for May 28, 2002 @ 7:20 P.M. Motion Unanimous

Domenic & Franca DiLoreto, 1 Old School House Rd. requesting approval for new/used auto/truck sales. William Donovan read from State Statute 14-54. Members need to determine if location is suitable for this use. All work to be done indoors. The existing house on Old School House Rd. will stay as is and be used as an office with access from driveway on Old School House Rd. Property is zoned Design Commercial. Motion made by M. Atkins, 2nd by F. Harkins to accept application per State Statute 14-54 and schedule the Public Hearing for May 28, 2002 @ 7:30 P.M. Motion Unanimous

Because four members to grant requests is required and only three members were present, William Donovan suggested opening the Public Hearings and carry them over to the next regular meeting.

PUBLIC HEARINGS:

7:29 P.M. ZBA Application 11-2002 of Kollcinaku, LLC, 22 Union City Road seeking a 17' right side line variance and 10' rear line variance for enhancement to the existing commercial complex. Legal notice read into the minutes, published in the Republican- American April 9th & 18th. Letter from Chesprocott read into the record and placed in file. M. Atkins pointed out issue of getting Chesprocott approval. ZBA can decide matter independent of Health Code requirements, but understands the applicant will still need Chesprocott approval prior to construction. William Donovan pointed out that ZBA approval allows applicant to go to Chesprocott for the appropriate approvals. Motion made by M. Atkins, 2nd by F. Harkins to continue the Public Hearing to May 28, 2002 @ 7:40 P.M. Motion Unanimous

7:35 P.M. ZBA Application 12-2002 of Jonathan & Debra Slavin, 13 Meadow Lane seeking a 30' front line variance to extend a rear deck to an above ground pool. Legal notice read into the minutes, published in the Republican-American April 9th & 18th. No correspondence pertaining to request received. Motion made by M. Atkins, 2nd by F. Harkins to continue the Public Hearing to May 28, 2002 @ 7:50 P.M. Motion Unanimous

7:38 P.M. ZBA Application 13-2002 of Alton & Kelly Cronin, 30 Highland Drive seeking a 30' rear line variance and a 5' right side line variance to construct a detached garage. Legal notice read into the minutes, published in the Republican-American April 9th & 18th. No correspondence pertaining to request received. Motion made by M. Atkins, 2nd by F. Harkins to continue the Public Hearing to May 28, 2002 @ 8 P.M. Motion Unanimous

7:40 P.M. ZBA Application 14-2002 of Richard Gruszka, 192 Straitsville Road requesting a 28' front street line variance to allow a proposed garage to be placed within 22' of the front property line. Legal notice read into the minutes, published in the Republican-American April 9th & 18th. No correspondence pertaining to request received. Motion made by M. Atkins, 2nd by F. Harkins to continue the Public Hearing to May 28, 2002 @ 8:10 P.M. Motion Unanimous

7:50 P.M. ZBA Application 15-2002 of August & Kurstin Fidalgo, 7 Coer Road requesting a 15' rear property line variance for the placement of a 10'x14' detached shed. Legal notice read into the minutes, published in the Republican-American April 9th & 18th. No correspondence pertaining to request received. Motion made by M. Atkins, 2nd by F. Harkins to continued he Public Hearing to May 28, 2002 @ 8:20 P.M. Motion Unanimous

OLD BUSINESS:

ZBA Application 2-2002 of Christopher and Frances Caporaso, 176 Straitsville Road, Public Hearing was closed February 26, 2002. Applicant seeking a 23 foot front line variance to allow for the construction of a loft over an existing non-conforming garage. M. Atkins pointed out that 23' front line variance is consequently automatically granted due to the fact that no action by the ZBA would be taken within 65 days of the closing of the Public Hearing.

William Donovan reminded members of meeting April 24, 2002 @ 7 P.M. with Attorney.

Members thanked clerk for approximately 10 years of service on the ZBA.

Motion made by M. Atkins, 2nd by F. Harkins to adjourn @ 8:04 P.M.

Dominic N. Moschella, Chair
M. Carrie Anderson, Clerk