ZBA Minutes - July 23, 2002

Prospect Zoning Board of Appeals

July 23, 2002

Call to order: Chairman Dominic N. Moschella called the Zoning Board of Appeals Meeting to order at 7:00 p.m. The meeting was taped.

Members present: Chairman Dominic N. Moschella, Martin Atkins, Fred Harkins, Jeffrey Slapikas

Members Absent: Betty Lou Holley

Alternates present: George Havican, Joseph Commendatore, Carl Graveline
George Havican was seated for Betty Lou Holley
Joseph Commendatore was seated for Fred Harkins

Also Present: William Donovan, Land Use Inspector

Correspondence:

  1. Planning & Zoning Commission, Approved Minutes dated June 5, 2002
  2. Planning & Zoning Commission Approved Minutes of a Special Meeting dated June 17, 2002
  3. Planning & Zoning Commission, Approved Minutes dated June 19, 2002.

Motion by M. Atkins, second by J. Commendatore to accept the correspondence. Unanimous.

Clerical Bill: Motion by M. Atkins, second by C. Graveline to pay clerical bill. Unanimous.

Approval of Minutes: Motion by C. Graveline, second by G. Havican to approve Zoning Board of Appeals Unapproved Minutes of June 25, 2002. Unanimous.

New Business:

Fama, Thomas & Kimberly, 93 Salem Road, requesting a 12' side line variance for an addition to the back of existing house for constuction of a master bathroom. Size of proposed master bathroom to be 12' X 17' and extending in line with existing house towards back property line, therefore will not be closer to side property line than the existing house. M. Atkins noted plot plan shows crooked side line of 13.0' to 13.1' variation. D. Moschella requested permission to inspect property and for owners to stake out proposed addition. Permission granted by T. Fama and stated that property will be staked out. Motion by J. Commendatore, second by M. Atkins to accept application #20-2002 and schedule the public hearing for August 27, 2002 at 7:10 p.m. Unanimous.

LaFlamme, Steven & Margaret, 10 Heritage Drive, requesting an 8' right side line variance for construction of a two-car garage. Construction to be an addition to the existing two-car garage on right side of home. D. Moschella inquired if construction could be back of home. Owners responded that with existing in-ground pool and deck and location of well there is no rooom for addition. D. Moschella requested permission to inspect property and for owners to stake out proposed addition. Permission granted by S. LaFlamme and stated that property will be staked out. Motion by M. Atkins, second by G. Havican to accept application #21-2002 and schedule the public hearing for August 27, 2002 at 7:20 p.m. Unanimous.

Counterpoint Communications Inc., 37 Peach Orchard Road, requesting variance for legal non-conforming business identification sign (3' X 5' in size). D. Moschella unseated himself as Chairman due to conflict of interest in that he is a property owner of 33 Peach Orchard Road. D. Moschella turned meeting over to M. Atkins. Mary Byczynski is the agent for Counterpoint Communications, Inc. The Connecticut Catholic Women Archdiocese of Hartford (ACCW) is proposing to gift said 3' X 5' sign to the Office of Radio and Television as a way of identifying an allowed commercial business on this property. The sign is designed to blen in nicely with the natural wooded surroundings of residential land. Motion by J. Commendatore, second by J. Slapikas to accept application #22-2002 and schedule the public hearing for August 27, 2002 at 7:30 p.m. Unanimous.

M. Atkins turned Chair back over to D. Moschella.

Halim, Batire, 1 Roy Mountain Road, requesting a 125' front variance to allow for a 25' wide driveway for access to a proposed rear lot. Floria Polverari is the agent for property owner. B. Donovan noted that Lot 22A Roy Mountain Road is not a part of any approved subdivisoin and is considered a separate lot. J. Commendatore noted the applicant's plot plan shows a proposed driveway as 20' wide, and therefore suggested the applicant revise the requested variance from 125' to 130'. F. Polverari agreed and initialed application amending said variance to 130'. D. Moschella requested permission for board to visit property and to have markings showing location of driveway. Permission granted by agent. Motion by M. Atkins, second by J. Commendatore to accept application #23-2002 and reschedule the public hearing for August 27, 2002 at 7:40 p.m. Unanimous.

DeMagistris, Alfonso & Ellen, 2 Meadow Lane, requesting a 42' rear line variance AND an 18' front street line variance to construction could be anywhere else on property. A. DeMagistris responded that due to location of well, septic and existing garden there is no other place to construct garage. B. Donovan inquired if construction could be no other place to construct garage. B. Donovan inquired that due to location well, septic and existing garden there is that 15' driveway to be located between Hemlock Road neighbor's driveways. Request for property to be staked out and for board to visist said property. Permissonm granted by A. DeMagistris. Motion by J. Commendatore, second by G. Havican to accept applcation #24-2002 and schedule the public hearing for August 27, 2002 at 7:50 p.m. Unanimous.

Old Business: None

Public Hearings:

7:10 p.m. Prospect Zoning Board of Appeals Application #19-2002 of Earl & Jean Reilly, 179 Union City Road seeking a 38' rear property line variance for construction of a 30' X 30' detached pole barn. The legal notice as published in the Waterbury Republican-Amercian on Friday, July 12, 2002 and again on Friday, July 29, 2002 was read into record. The Reilly's are seeking to construct a 30' X 30' detached pole barn. Construction of said pole barn is conditional upon the Reilly's taking down the existing shed and a canvas utility building. The boat, vehicles and gardening equipment inside sheds and canvas utility building to be stored in new pole barn with the overall effect of cleaning up the property. There was no comment from the public and the hearing was closed at 7:16 p.m. Discussion: Granting of said variance is contingent upon the Reilly's taking down existing two sheds and canvas utility building. Motion by M. Atkins, second by J. Slapikas to approve application #19-2002 for a 38' rear property line variance to construct a 30' X 30' detached pole barn; contingent upon taking down existing shed and canvas utility building and storing boat, vehicles and gardening equipment inside new pole barn. Reasons: The property is limited to additional structures due to pond, water course and steep slopes. Unanimous.

Adjournment: Motion by J. Slapikas, second by J. Commendatore to adjourn meeting at 7:50 p.m. Unanimous.

Dominic N. Moschella, Chair
Robin Tuohy, Clerk