Correspondence: Council of Governments of the Central Naugatuck Valley announcement for a Land Use Forum on Public Hearing Procedures to be held May 29,2002. Planning & Zoning approved minutes for April 17, 2002. Motion by B. Holley, second by A. Atkins to place correspondence on file. Unanimous.
Clerical Bill: Motion by B. Holley, second by J. Slapikas to pay the clerical bill. Unanimous.
Approval of Minutes: Motion made by M. Atkins, seconded by G. Havican to approve ZBA minutes of March 26, 2002 with conditions. Unanimous. Motion by M. Atkins, seconded by D. Moschella to approve ZBA minutes of April 23, 2002 with conditions. Unanimous.
NEW BUSINESS: None
PUBLIC HEARINGS:
7:10 p.m. ZBA Application 16-2002 of Brian & Michelle Viltrakis, 65 Straitsville Road seeking a 3-foot side line variance for a garage addition. The legal notice as published in the Waterbury Republican-American on May 17 and 24, 2002 was read into the record. It was noted that the variance is for the right side property line. Mr. Viltrakis is seeking to add a garage addition for added storage space. Well is located behind the house; septic system is located in the left front of the property. There is ledge in the area of the house and house in on a slab. There was no comment from the public and the hearing was closed at 7:15 p.m. Discussion: D. Moschella related this is a minimal variance of 3 feet. Other homes in the area are non-conforming as to distance to property lines. Configuration of the septic system and well limits other locations. The proposed addition would be aesthetically consistent with the other homes in the neighborhood. Motion by B. Holley and seconded by J. Slapikas to approve application 16-2002 for a 3-foot right side line variance for an addition to an existing garage; the hardship being that placing a garage on other side of the house would require a new driveway crossing over the septic field. Unanimous.
7:25 p.m. ZBA Application 17-2002 of Earl & Jean Reilly, 179 Union City Road for a 40-foot rear line and a 15-foot left side line variance for construction of a detached barn. The legal notice as published in the Waterbury Republican American on May 17 and 24, 2002 was read into the record. Mr. Reilly is seeking to place a 32'x40' pole barn in the left rear corner of his property. When complete, Mr. Reilly would remove an existing 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. A pond, brook and steep slopes restrict where a building of this size can be placed. M. Atkins asked what is unique about the particular location selected. Mr. Reilly responded that this allows access along the back side of his property rather than across his yard which would likely damage the yard, flowers, etc. Chairman Moschella asked for comment from the public. Mr. Reilly stated he would relocate these structures as Mr. Oldakowski requests. Mr. Oldakowski then stated his support of the proposed barn. M. Atkins asked why the barn could not be moved over 15 feet to eliminate the sideline variance. Mr. Reilly stated doing so would result in an additional tree being removed. B. Holley asked why the existing garage could not be used. Mr. Reilly replied that garage is old and too small to house all the items stored outside. Chairman Moschella asked for additional comment. There was no further discussion and the public hearing closed at 7:43 p.m.
7:45 p.m. ZBA Application 18-2002 of Domenic & Franca DiLoreto, 1 Old Schoolhouse Road seeking approval of location for an auto and truck sales and service dealership. The legal notice as published in the Waterbury Republican American on May 17 & 24, 2002 was read into the record. Domenic DiLoreto represented the applicants. Chairman Moschella stated that State Statute 14-54 and 14-55 requires the ZBA to approve the location for a business dealing in or repairing motor vehicles as a requirement for the applicant to receive the proper license from the State. To be approved, the board must consider such location in reference to schools, churches, theaters, traffic conditions, width of highway and effect on public travel. Mr. DiLoreto indicated his intentions to locate a new and used auto and truck sales dealership and service. The proposed garage would be located within a commercial area and be shielded by shrubs and hedges. The closest school is Long Hill Middle School located behind town Hall. The closest church is Saint Anthony's with access to both Routes 68 and 69. There are no theaters in the area. Old Schoolhouse Road is one way with traffic lights at both ends. The proposed business would not increase normal traffic patterns on Old Schoolhouse Road. Mr. Diloreto presented a site plan detailing the proposed garage, existing house and property boundaries. M. Atkins asked what type of trucks would be sold and or repaired. Mr. DiLoreto responded primarily used tow trucks and cars. New vehicles would be made available per a specific customer request. M. Atkins wanted confirmation that this business and the adjoining Prospect Service Center would not co-mingle any sales or service of cars or trucks. Mr. DiLoreto stated each business has its own separate identity and will run on its own business license. The existing house that now has residential use would be converted to a commercial office. B. Donovan asked what the expected impact on traffic would be. Mr. Diloreto stated traffic impact would be minimal. There would be no more than 10 or 15 vehicles located on the property at any one time. J. Slapikas asked if an overload of cars occurred at the Prospect Service Center, would that overload be parked on this property. Mr. DiLoreto stated those vehicles would be parked elsewhere and not at 1 Old Schoolhouse Road. B. Holley expressed concern with large trucks backing out onto Old Schoolhouse Road. Mr. DiLoreto stated there is enough area on the property to allow trucks to back up or turn and drive forward onto Old Schoolhouse Road. Chairman Moschella asked for comments from the public. George Pavlik, 26 Union City Road asked where the building would be located on the property. Jimmy Kollcinaku, 22 Union City Road asked if the property would be paved. Mr. Diloreto responded paving would occur only in the area of the garage. Hours of operation would not include Sundays or Holidays. There were no further comments and the public hearing closed at 8:05 p.m.
Chairman Moschella seated Fred Harkins for George Havican who was earlier seated for Fred Harkins prior to Mr. Harkins arrival. 8:07 p.m ZBA Application 11-2002 for 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. This public hearing was continued from the April 23, 2002 meeting and Chairman Moschella read the legal notice as it appeared in the Waterbury Republican American on May 17 & 24, 2002. A letter prepared by the owner/applicant was submitted allowing Jimmy Kollcinaku to represent the applicant. Chairman Moschella read a letter from the Chesprocott Health District dated April 28, 2002 requesting the Board not approve any proposal to increase the size of the existing structure because of current problems with the septic system due to limited area. Mr. Kollcinaku desires to improve the appearance of the building by removing existing partitions in the back of the building and adding a common back side or squaring off the back side of the building. Any additions would not extend closer to the rear property line than any portion of the existing rear building. B. Holley felt that since Chesprocott Health would not allow the desired additions, the board should not be entertaining this application at this time. M. Atkins asked if the application were to be approved if the applicant would still need Chesprocott's approval in obtaining a zoning or building permit. B. Donovan indicated that before a zoning permit can be issued, the applicant would first need to obtain Chesprocott approval. There were no further comments and the public hearing was closed at 8:15 p.m.
8:15 p.m. ZBA Application 12-2002 for Jonathan & Debra Slavin, 13 Meadow Lane for a 30-foot front street line variance to extend a rear deck to an above ground pool. This public hearing was continued from the April 23, 2002 meeting and Chairman Moschella read the legal notice as it appeared in the Waterbury Republican American on May 17 & 24, 2002. Jonathan Slavin related he is seeking a variance to connect his deck to an existing aboveground pool. This is a corner lot in which both sides facing the street are considered front property lines. J. Slapikas asked where the septic system is located and whether the deck could be located elsewhere. Mr. Slavin indicated that Chesprocott does not want to see any structure on the side of yard where the septic is located. B. Donovan indicated that the location of the house is non-conforming in that it is within the 50-foot front line building setback. There was no comment from the public and the public hearing closed at 8:22 p.m.
8:24 p.m. ZBA Application 13-2002 for Alton & Kelly Cronin, 30 Highland Drive for a 30-foot rear line and a 5-foot right side line variance to construct a detached garage. This public hearing was continued from the April 23, 2002 meeting and Chairman Moschella read the legal notice as it appeared in the Waterbury Republican American on May 17 & 24, 2002. A letter allowing Robert Cronin to represent the applicants was submitted. Mr. Cronin stated there is an existing foundation formerly built and utilized by the Connecticut Water Company that the applicant wishes to use to construct a four-car garage. The property abuts up to industrial land in the rear. The proposed structure would not extend beyond the existing foundation. M. Atkins asked what was originally on the existing foundation. Mr. Cronin believes the foundation originally supported a pump station. Chairman Moschella asked for public comment. Vincent Bohuski, 22 Highland Drive believes the foundation was built before zoning and sees no reason why the building should not be allowed. There were no further comments and the public hearing closed at 8:27 p.m.
8:33 p.m. ZBA Application 14-2002 for Richard Gruszka, 192 Straitsville Road for a 28-foot front line variance for a new garage. This public hearing was continued from the April 23, 2002 meeting and Chairman Moschella read the legal notice as it appeared in the Waterbury Republican American on May 17 & 24, 2002. Mr. Gruszka stated a pond and wetlands encumber the parcel. An existing pool and septic and well also limit buildable locations. Mr. Gruszka wishes to build a new garage and because there is no basement for the house, turn the existing garage into storage space. Although the property is a rear lot, the front side line is that boundary closest to the street. Chairman Moschella read a letter from the Gumpers at 192 Straitsville Road saying they are not opposed to the requested variance. The proposed alignment of the garage favors the required separating distance for footing drains to wetlands per Chesprocott Health District. There were no further comments and the public hearing closed at 8:40 p.m.
8:42 p.m. ZBA Application 15-2002 for August and Kurstin Fidalgo, 7 Coer Road for a 15-foot rear property line variance for a detached shed. Chairman Moschella noted that the applicants had previously withdrawn their application as they were able to place the shed on their property within the required setback distances and hence do not need a variance. The board acknowledged the withdrawal and no further action on this application was taken.
ACTION ON APPLICATIONS
ZBA Application 17-2002; Earl and Jean Reilly. Motion to approve this application for Earl and Jean Reilly at 179 Union City Road by J. Slapikas, seconded by M. Atkins. Discussion on the large size of the pole barn and the consequent removal of the existing non-conforming garage and canvas utility building. B. Holley expressed a concern with the size of the barn/garage located within a residential zone. M. Atkins agreed that a 40'x32' building is a very large structure for a residential property and the applicant is asking for a significant variance to construct this building. If the applicant had been willing to reduce the size of the structure, the consequent variance would also have been reduced. Chairman Moschella called for a vote In favor: 3 members (J. Slapikas, D. Moschella. G. Havican. Opposed: 2 members (M Atkins, B. Holley. Application is denied as the size of the building and not the land itself created the hardship
ZBA Application 18-2002; Domenic & Franca DiLoreto. Chairman Moschella reminded the board to respond to those requirements as stated in State Statute 14-54 and 14-55. Fred Harkins asked if the board can impose a condition on the approval if Old Schoolhouse Road should become two-way traffic. The board felt a future change that may or may not occur should not be considered in this current application. M. Atkins felt the applicant addressed in a reasonable and well thought-out manner those items cited in the Statutes. D. Moschella also believes this type of business would not place a significant impact on traffic. J. Slapikas stated the applicant's response to those criteria cited in Section14-55 demonstrated this location as acceptable for this type of business. Motion by J. Slapikas, seconded by M. Atkins to approve the location for a new and used auto and truck sales and service dealership at One Old Schoolhouse Road per Section 14-54 of the State Statutes as this location has been found suitable per conditions stated in Section 14-55. B. Holley is concerned with any increase of traffic in this general location. Chairman Moschella called for a vote. In favor: 4 members; opposed 1 member (B. Holley). Application is approved.
ZBA Application 11-2002; Kollcinaku, LLC. M. Atkins questioned why the board could not go forward with a vote on this application when Chesprocott Health District is still required to obtain the necessary zoning permit and consequent building permit should this application be approved. Motion by M. Atkins, seconded by F. Harkins to approve Application 11-2002; Kollcinaku, LLC, 22 Union City Road for a right side line variance of 17-feet and a rear line variance of 10 feet. Discussion: B. Holley is concerned with Chesprocott's statement that the property cannot support any additional floor space. The board agreed that approving this variance does not release the applicant's responsibility to obtain future approval from Chesprocott as needed. Chairman Moschella called for a vote. In favor: 3 members (J. Slapikas, M. Atkins, D. Moschella); Against: 2 members (B. Holley, F. Harkins). The application is denied.
ZBA Application 12-2002, Jonathan and Debra Slavin. Motion by M. Atkins, Seconded by B. Holley to approve Application 12-2002 for a 30-foot front line variance at 13 Meadow Lane. J. Slapikas related that the existing deck was within the 50-foot front street line requirement and the new deck would be below street level. Chairman Moschella called for a vote. In favor: Unanimous.
Application is approved. Reasons: Corner lot requires additional front street line setback; Chesprocott Health District has put restriction on area of property where septic is located.ZBA Application 13-2002, Alton and Kelly Cronin. Motion by B. Holley, Seconded by M. Atkins to approve application for a 30-foot rear line and a 5-foot right side line variance at 30 Highland Drive to construct a detached garage. Discussion: D. Moschella mentioned the existing structure on which the proposed garage would be built upon. Chairman Moschella called for a vote. In favor: Unanimous. Reasons: Foundation has existed for many years and the structure will not expand the footprint of this foundation. Application is approved
ZBA Application 14-2002, Richard Gruszka. Motion by M. Atkins, seconded by J. Slapikas to approve Application 14-2002 for a 28-foot front line variance at 192 Straitsville Road. Discussion: Concern with the pending sale of the house and whether a new owner may utilize the allowed variance for other than a garage. Board concluded the variance is for a structure and it is possible a different type of structure may be built within an approved variance distance to a property line. M. Atkins mentioned the configuration of the house puts the proposed garage within the front property line as opposed to the normal side property line. Chairman Moschella called for a vote. In favor: Unanimous. Reasons: Extensive wetlands and pond on property, configuration of the house. Application is approved.
PUBLIC PARTICIPATION
Richard Gruszka, 192 Straitsville Road. Expressed his appreciation for the cooperation that this board and other commissions in Prospect have shown him over the years with his business in town and the building of his commercial building.
ADJOURN Motion by J. Slapikas, seconded by M., Atkins to adjourn at 9:25 p.m. Unanimous.