Call to Order: Chairman Dominic N. Moschella called the Zoning Board of Appeals Meeting to order at 7:00 p.m.
Members Present: M. Atkins, J. Slapikas, F. Harkins and B. Holley (7:10 p.m.)
Alternates present: C. Graveline
Also present: W. Donovan, Land Use Inspector
Correspondence: Quinlan Publishing Group, Zoning Bulletin. Motion by M. Atkins, second by F. Harkins to purchase a 1-year subscription to the Zoning Bulletin. Unanimous. Planning and Zoning Approved Minutes May 15, 2002.
Approval of Minutes: Motion by J. Slapikas, second by M. Atkins to approve Zoning Board of Appeals Unapproved Minutes of May 28, 2002. Unanimous.
Clerical Bill: Motion by F. Harkins, second by M. Atkins to pay the clerical bill. Unanimous.
New Business:
Reilly, Earl and Jean, 179 Union City Road, requesting a 38-foot rear property line variance for construction of a 30' X 30' detached pole barn. Mr. Reilly is downsizing the original size of the pole barn of 32' X 40' that he submitted on a recent application to 30' X 30'. Mr. Reilly is also eliminating a previous requested variance for a 15-foot left side line variance. Mr. Moschella confirmed that when complete, Mr. Reilly would remove an exisiting older garage and canvas utility building and place boats and other equipment inside the new barn with the overall effect of cleaning up the area. The Reilly's have also relocated the dog house and rabbit cage off of the Oldakowski property. Motion by J. Slapikas, second by B. Holley to accept application #19-2002 and schedule the public hearing for July 23, 2002 at 7:10 p.m. Unanimous.Motion by B. Holley, second by J. Slapikas to waive the fees for Reilly request for variance for construction of a 30' X 30' pole barn. In favor: F. Harkins, D. Moschella, J. Slapikas, B. Holley. Opposed: M. Atkins. Fee waived.
DeMagistris, Alfonso, 2 Meadow Land. Mr. DeMagistris was not present. The board determined this application is not complete because no plot plan, as required, was included. Motion by B. Holley, second by F. Harkins not to accept incomplete application. Unanimous.
Old Business:
Sydoriak, Peter, Lot 77, Morris Road. Review of Court Order. Re: Peter Sydoriak Vs Prospect Zoning Board of Appeals, et al. Our client: Prospect Zoning Board of Appeals, et al. Discussion: At the request of the town attorney, the Board reviewed the Court Order rendered by Judge Robert L. Holzberg to determine if there is any basis for an appeal of this Order. The Board concluded that there is no basis for an appeal. Motion made by M. Atkins, second by B. Holley to appeal the matter of Peter Sydoriak vs. Prospect Zoning Board of Appeals, et al. Motion Denied. Unanimous.
Prospect Sports Dome 155 Union City Road. Review of Variance. Chairman Moschella stated the Board has no need to review a past decision at this time. No Discussion.
Public Participation:
The board did discuss whether or not they should be waiving fees on applications. There was a concern about setting a precedent of waiving a fee when there is no basis to do so.
Motion made by B. Holley, second by F. Harkins to adjourn at 7:50 p.m. Motion Unanimous.