Vice-Chairperson Betty Lou Holley called the Zoning Board of Appeals meeting to order at 7:01. Members present: Jeffrey Slapikas, Betty Lou Holley, and Martin Atkins. Alternates present: Joseph Commendatore and George Havican. George Havican was seated for Fred Harkins. Also present: Bill Donovan, Land Use Inspector.
Correspondence: Our Town Software advertisement; Connecticut Housing Conference program announcement; Connecticut Government Finance Officers Association Course Announcement; CDW-G advertisement. Motion by J. Slapikas, second by A. Atkins to place correspondence on file. Unanimous.
Clerical Bill: Motion by M. Atkins, second by G. Havican to pay the clerical bill. Unanimous.
Approval of Minutes: Motion made by J. Slapikas, seconded by G. Havican to approve ZBA minutes of February 26, 2002. Unanimous.
Motion by M. Atkins, second by J. Slapikas to add August and Kurstin Fidalgo, 7 Coer Road to the agenda under New Business. Applicant is seeking a 15' rear line variance. Unanimous
NEW BUSINESS:
Kollcinaku, LLC, 22 Union City Road, requesting a 17' right side line variance and a 10' rear line variance for enhancements to the existing commercial complex located on this parcel. A letter prepared by the owner/applicant was submitted allowing Jimmy Kollcinaku to represent the applicant. Motion by M. Atkins, second by J. Slapikas to accept application # 11-2002 and schedule the public hearing for April 23, 2002 at 7:10 p.m. Unanimous.
Slavin, Jonathan and Debra, 13 Meadow Lane requesting a 30' front street line variance to extend a rear deck to an above ground pool. Motion by M. Atkins, second by J. Commendatore to accept application # 12-2002 and schedule a public hearing for April 23, 2002 at 7:20 p.m. Unanimous.
Cronin, Alton and Kelly, 30 Highland Drive, requesting a 30' rear line variance and a 5' right sideline variance to construct a detached garage. Original application was withdrawn at this meeting because of an error in the application. Refer to ZBA 9-2002 under PUBLIC HEARINGS for details.
Gruszka, Richard, 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. Motion by M. Atkins and seconded by J. Commendatore to accept application # 14-2002 and schedule a public hearing for April 23, 2002 at 7:40 p.m. Unanimous.
Fidalgo, August & Kurstin, 7 Coer Road requesting a 15' rear property line variance for the placement of a 10'x14' detached shed. Motion by J. Commendatore, second by M. Atkins to accept application # 15-2002 and schedule a public hearing for April 23, 2002 at 7:50 p.m. Unanimous.
Public Hearings
ZBA Application 7-2002. Joseph Commendatore, 33 Clark Hill Road. Application for a 25' front line variance for the construction of a detached garage. The public hearing was opened at 7:10 P.M. B. Holley read the notice of public hearing as it appeared in the Waterbury Republican American on March 15th and the 21st. Applicant reviewed request. This is a rear lot where the house front faces the right sideline. The proposed garage cannot be placed elsewhere due to the location of the well and septic system. There was no public comment either for or against this application. The public hearing was closed at 7:19 p.m.
At the close of the above public hearing Joseph Commendatore was seated for Dominic Moschella.
ZBA Application 8-2002. Mark and Kathleen Lavaway, 103 Plank Road. Application for a 13-foot front line variance to add a front porch to the existing house. The public hearing was opened at &; 20 P.M. B. Holley read the notice of public hearing as it appeared in the Waterbury Republican American on March 15th and 21st. Applicant reviewed request. A section of the front side of the house is within the 50-foot setback. Adding the porch will also place the porch within the 50-foot setback. There is a severe water leakage problem into the house basement and the applicant is hoping that adding a porch with an overhang will help direct water away from the basement. There was no public comment. The public hearing was closed at 7:26 p.m.
ZBA Application 9-2002. Alton and Kelly Cronin, 30 Highland Drive. Application for a 20-foot rear line variance and a 5-foot right side line variance. The public hearing was opened at 7:30 P.M. B. Holley read the notice of public hearing as it appeared in the Waterbury Republican American on March 15th and 21st. Applicant reviewed request to construct a detached garage utilizing an existing foundation previously owned by the CT Water Company. It was noticed that there is an error in the application showing the proposed garage at 30 feet from the property line, where the garage would actually be 20 feet from the property line. Accordingly, the legal notice is incorrect in that a 20-foot variance as noted is not sufficient to come into compliance with the 50-foot rear line setback requirement. Rather, a 30-foot variance is needed. The applicant withdrew his application and submitted a new application requesting a 30-foot rear line variance and a 5-foot right side line variance. Motion by J. Slapikas, second by J. Commendatore to accept application 13-2002 for a 30-foot rear line variance and a 5 foot right side line variance and waive the fees on this new application. Unanimous. The public hearing for the new application was set for April 23, 2002 at 7:30 p.m.
ZBA Application 10-2002. Francis and Jody Ariola, 21 Platt Drive. Application for a 10-foot right sideline variance. The public hearing was opened at 7:43 p.m. B. Holley read the notice of public hearing as it appeared in the Waterbury Republican American on March 15th and 21st. Applicant reviewed request to install an aboveground pool on the right side of his property, as this is the only realistic location due to the steep grades and wetlands within the property. Mr. Ariola also related that Chesprocott Health Department requires a 10 foot separation between an above ground pool and the septic system, and consequently he could place the pool farther away from the property line then shown on his application. B. Holley asked for comment from the public. Gene Boisvert, 17 Platt drive submitted a letter and spoke in opposition to the pool location fearful that this type of pool being close to his property line would deface the value of his property. Commissioners asked Mr. Boisvert how far from the common property line is his house and deck. Mr. Boisert responded the distance is approximately 60-70 feet. There were no other comments from the public and the public hearing was closed at 7:55 p.m.
OLD BUSINESS:
ZBA Application 2-2002, Christopher and Frances Caporaso, 176 Straitsville Road. Mr. Caporaso is seeking a 23-foot front line variance to allow for the construction of a loft over an existing non-conforming garage. M. Atkins and B. Donovan both mentioned that their own measurements from the garage to the street show the garage to be 27 feet from the street, and therefore granting the variance for 23 feet would not allow the applicant to extend the loft out over the garage as he intends. At the previous meeting, the commissioners had requested the applicant confirms by survey and map the true distance from his garage to the street property line. The applicant has not as yet produced this map to the commission. M. Catkins motioned, and seconded by J. Commendore to carry this item over to the next meeting and again request that the applicant provide the commission with an A-2 or other acceptable survey showing actual distance between the garage and street property line. Unanimous.
ACTION ON APPLICATIONS
ZBA Application 7-2002, Joseph Commendatore, 33 Clark Hill Road. (Joseph Commendatore was unseated prior to discussion). Commissioners reviewed application noting the unique configuration of the house and the extensive separating distance the proposed structure would be from neighboring homes. Motion by J. Slapikas second by M. Atkins to approve application 7-2002 for a 25-foot front line variance. Unanimous. Reasons: The unique configuration of the house on the property, and because this is a rear lot where the proposed garage would not be visible to neighboring homes, the placement of the garage, which will be on the side of the house would not harm the property or surrounding area.
Joseph Commendatore was re-seated for Dominic Moschella.
ZBA Application 8-2002, Mark and Kathleen Lavaway, 103 Plank Road. Commissioners reviewed application noting that the location of the house extends into the 50-foot front line setback and that preventing the addition of the front porch places an unnecessary restriction on the applicant. Motion by J. Slapikas, second by M. Atkins to approve ZBA application 8-2002 for a 13-foot front line variance to construct a front porch to the existing structure. Reasons: the house is currently non-conforming in that it extends into the 50 foot front line setback and allowing a front porch will not have a negative impact upon the neighborhood.
ZBA Application 10-2002 Francis & Jody Ariola, 21 Platt Drive. Commissioners reviewed application noting the possibility of reducing the variance because the applicant mentioned he does not have to be 15 feet from the septic system per Chesprocott Health requirements. Commissioners also noted the limitations of where the pool can go due to the very steep slopes and presence of wetlands on the property. Commissioners further acknowledged the neighbor's concerns, and that the neighbor's house and deck are more than 50 feet from where the pool would go. Motion by J. Slapikas, second by G. Havican to approve ZBA application 10-2002 for an 8 foot right side line variance to install an above ground pool. Unanimous. Reasons: Property has steep slopes and areas of wetlands that greatly limit location of pool.
Motion by J. Slapikas, second by J. Commendatore to adjourn at 8:34 p.m. Unanimous.