The Zoning Board of Appeals meeting was called to order at 7:02 P.M. by Chair Dominic, N. Moschella. Members present: Jeffrey Slapikas, Martin Atkins, Dominic Moschella, Betty Lou Holley, Frederick Harkins and Alternates George Havican and Joe Commendatore.
Motion made by J. Slapikas, 2nd by M. Atkins to pay the clerical bill. Motion Unanimous
CORRESPONDENCE: Planning & Zoning minutes from January 16. 2002. Motion made by M. Atkins, 2nd by B. Holley to place correspondence on file. Motion Unanimous
Motion made by B. Holley, 2nd by M. Atkins to approve ZBA minutes of January 22, 2002. Motion Unanimous. F. Harkins abstained.
Motion made by F. Harkins, 2nd by B. Holley to correct September meeting date, fourth Tuesday in September is the 24th. Motion Unanimous
Motion made by M. Atkins, 2nd by F. Harkins to add Francis L. & Jody Ariola, 21 Platt Drive to the agenda under New Business. Applicant is seeking a 10' left side line variance. Motion Unanimous
NEW BUSINESS:
Joseph Commendatore, 33 Clark Hill Road, requesting a 25' front line variance for construction of a detached garage. Applicant reviewed request. Motion made by B. Holley, 2nd by J. Slapikas to accept ZBA application 7-2002 and schedule the Public Hearing for March 26, 2002 @ 7:10 P.M. Motion Unanimous
Mark and Kathleen Lavaway, 103 Plank Road, requesting a 13' front line variance to add a front porch with an overhang on existing house to help resolve ground water problem. Motion made by M. Atkins, 2nd by F. Harkins to accept ZBA Application 8-2002 and schedule the Public Hearing for March 26, 2002 @ 7:20 P.M. Motion Unanimous
Al & Kelly Cronin, 30 Highland Drive, seeking a 20 foot rear line variance and a 5 foot right side line variance for a garage on an existing foundation that the Conn. Water Co. previously had a structure on. Motion made by J. Slapikas, 2nd by B. Holley to accept ZBA Application 9-2002 and schedule the Public Hearing for March 26, 2002 @ 7:30 P.M. Motion Unanimous
Francis & Jody Ariola, 21 Platt Drive, requesting a 10' left side line variance for an above ground pool. Applicant reviewed application. Motion made by M. Atkins, 2nd by F. Harkins to accept ZBA Application 10-2002 and schedule the Public Hearing for March 26, 2002 @ 7:40 P.M. Motion Unanimous
William Donovan requested that all applicants mark out the area to allow members to get a visual of the requests when they visit the sites.
PUBLIC HEARINGS:
7:19 P.M. ZBA Application 1-2002. Legal notice read into the minutes, published in the Republican American February 12th & 21, 2002. Manuel & Maria DaSilva seeking a 16' front line and a 10 foot right side line variance keeping in line with the existing house, for construction of a garage. Property located at 24 Bronson Road. Applicant reviewed request. Owned home since 1967. No one spoke in favor or opposition. Public Hearing closed at 7:23 P.M.
7:24 P.M. ZBA Application 2-2002. Legal notice read into the minutes, published in the Republican American February 12th & 21, 2002. Christopher & Frances Caporaso seeking a 23 foot front line variance on Porter Hill side of property in order to construct a loft over the existing non-conforming garage. Property located at 176 Straitsville Road. Applicant reviewed request, seeking to construct a gambrel roof over existing garage. Home is approx. 200+ years old. No one spoke in favor. David Santoro, 5 Porter Hill Road questioned what applicant would be doing with the addition; would it be used for living quarters or for business purposes? Applicant plans to use it for storage. Home is presently being rented out. Mr. Santoro questioned if used for storage would allow applicant to clean up the area, if strictly being used for storage has no problem with the request. Issue of storage was previously addressed by William Donovan re: Commercial vehicles on property. Clement Vilardo, 6 Porter Hill Road concerned about usage. Structure would have a roof higher than the existing roof with a two foot overhang using the same foundation. Public Hearing closed at 7:35 P.M.
7:35 P.M. ZBA Application 3-2002. Legal notice read into the minutes, published in the Republican American February 12th & 21, 2002. Vincent & Antonella Jacovino seeking a 25' variance from the front range line of the house for construction of a detached garage. Property located at 21 Trotters Way. Applicant reviewed application. D. Moschella questioned why location couldn't be further back - curtain drain in back of property. If at location requested access would come off of the same common driveway. Presently applicant has a 3 car garage, new garage would be for storage of antique cars. No one spoke in favor or opposition of this application. Public Hearing closed at 7:42 P.M.
7:42 P.M. ZBA Application 4-2002. Legal notice read into the minutes, published in the Republican American February 12th @ 21st, 2002. Glenn Noble seeking a 20' right side line variance for a proposed 2 car detached garage. Property located at 27 Bayberry Drive. Applicant reviewed application, garage would be 5 feet away from neighbors property line where there are mature hemlocks. D. Moschella questioned if garage could be located in a different location. Problem is location of septic and wetlands behind reserve septic. Garage would be used for storage of motor vehicles with attic above for storage. Letters presented from abutting property owners Edward Scarpati & Benjamin Edwards in favor of application. No one spoke in opposition. Public Hearing closed at 7:50 P.M.
7:51 P.M. ZBA Application 5-2002. Legal notice read into the minutes, published in the Republican American February 12th & 21st, 2002. Steven & Kimberly Petracca agents for John & Cynthia Kwasinskas, seeking a 19 foot front line variance for an in-law apartment. Applicant reviewed request for an accessory living unit with a foundation and garage underneath. Lot is 1.97 acres. Addition would be the same roof height as the existing house with an adjoining door from the existing house. No one spoke in favor or opposition. Public Hearing closed at 7:56 P.M.
8 P.M. ZBA Application 6-2002. D. Moschella turned the meeting over to Vice Chair B. Holley. D. Moschella lives on Peach Orchard Rd., therefore excused himself from the meeting. Legal notice read into the minutes, published in the Republican American February 12th & 21st, 2002. Deborah Ciarlo agent for Diane Lendroth seeking a 2' reduction in side yard setback from 25' to 23' for construction of a modular home. Property located at 39 Peach Orchard Road. Agent reviewed application. Foundation will only be 22' wide. No one spoke in favor or opposition. Public Hearing closed at 8:07 P.M.
ACTION ON APPLICATIONS:
ZBA Application 1-2002 , Manuel & Maria DaSilva, 24 Bronson Road. D. Moschella pointed out other homes in the area are non-conforming, can't put garage in any other location. Motion made by J. Slapikas, 2nd by B. Holley to grant ZBA Application 1-2002, Manuel & Maria DaSilva, a 16' front line variance and a 10' right side line variance for construction of a garage. Hardship being non-conforming lot and location of septic. Property located at 24 Bronson Road. Motion Unanimous
ZBA Application 2-2002, Christopher & Frances Caporaso, 176 Straitsville Rd. D. Moschella and other members of the board questioned distance from the road in relation to the garage. William Donovan suggested measuring distance or request an A2 survey. More information needed to make a decision. Motion made by M. Atkins, 2nd by F. Harkins to defer decision until the next ZBA meeting and an A2 survey is provided. Motion Unanimous
ZBA Application 3-2002, Vincent & Antonella Jacovino, 21 Trotters Way. D. Moschella suggested constructing garage in a different location to keep area in conformity. M. Atkins feels that since is a new development the applicant by adding a garage is creating his own hardship. B. Holley agreed with M. Atkins. Discussion took place concerning putting garage in back of house with doors in front. F. Harkins suggested decreasing size of garage, applicant is requesting a 40'x50' garage. Motion made by M. Atkins, 2nd by J. Slapikas to approve ZBA Application 2-2002. Vote: J. Slapikas in favor; F. Harkins, M. Atkins, B. Holley and D. Moschella opposed. Variance denied.
ZBA Application 4-2002, Glen Noble, 27 Bayberry Drive. D. Moschella pointed out that all the homes in the area are conforming, does see issue of hardship with septic & wetlands. M. Atkins feels this is a self-created hardship, fairly new subdivision. D. Moschella suggested moving garage back if wetlands allowed. J. Slapikas pointed out no one spoke in opposition. Motion made by M. Atkins, 2nd by J. Slapikas to approve ZBA Application 4-2002 for a 20' right side line variance to Glen Noble, property located at 27 Bayberry Drive. Vote: B. Holley, F. Harkins, J. Slapikas in favor, M. Atkins, D. Moschella opposed. Variance denied.
ZBA Application 5-2002, Steven & Kimberly Petracca agents for John W. & Cynthia C. Kwasinskas, 5 Clark Hill Road. Motion made by B. Holley, 2nd by J. Slapikas to approve ZBA Application 5-2002 for a 19' front line variance for an in-law apartment. Hardship being existing non-conforming house. M. Atkins pointed out that front line on existing house is already non-conforming, addition would be further back than existing house. Motion Unanimous
ZBA Application 6-2002, Deborah Ciarlo agent for Diane Lendroth, property located at 39 Peach Orchard Road. B. Holley, Vice Chair, seated J. Commendatore for D. Moschella. M. Atkins questioned seating J. Commendatore if he wasn't seated for the public hearing. William Donovan pointed out that it's okay since J. Commendatore was in attendance for the Public Hearing. Motion made by M. Atkins, 2nd by J. Slapikas to approve ZBA Application 6-2002, Diane Lendroth, 39 Peach Orchard Road a 2' reduction in side yard setback from 25' to 23 ' for construction of a modular home. Discussion: Foundation within regulations, asking for the variance due to the overhang of the raised ranch. Motion Unanimous
PUBLIC PARTICIPATION: William Donovan advised members that a joint meeting with the Town Attorney and ZBA, P&Z & Wetlands will be held April 24th, 2002 @ 7 P.M. in the downstairs conference room.
Motion made by B. Holley, 2nd by M Atkins to adjourn at 8:45 P.M. Motion Unanimous