Chairman Domenic N. Moschella called the Zoning Board of Appeals meeting to order at 7:02. Other members present: Martin Atkins and Fred Harkins. Alternates present: Joseph Commendatore and George Havican. Absent were Jeff Slapikas and Betty Lou Holley. Chairman Moschella seated Joe Commendatore for Jeff Slapikas and George Havican for Betty Lou Holley. Also present: Bill Donovan, Temporary Clerk/Land Use Inspector.
CORRESPONDENCE: a.) Planning & Zoning approved minutes for October 2, 2002. Motion by M. Atkins, seconded by J. Commendatore to place correspondence on file. Unanimous.
CLERICAL BILL: Motion by F. Harkins, second by M. Atkins to pay the clerical bill. Unanimous.
APPROVAL OF MINUTES: Motion made by J. Commendatore, seconded by F. Harkins to approve ZBA minutes of September 24, 2002 as presented. Unanimous.
NEW BUSINESS: Motion by M. Atkins, seconded by J. Commendatore to add Selma Halperin, 20 Peter Gilkey Road, Prospect to the agenda under "New Business". Unanimous.
Vincent and Lucia Ricci, 12 Woodcrest Drive, requesting a variance of Section 300 of the Zoning Regulations that requires a minimum 25-foot side property line setback for a detached shed. Mr. & Mrs. Ricci are applying for a 23-foot right side property line variance to allow a proposed shed to be placed 2 feet from the property line. Motion by M. Atkins, seconded by F. Harkins to accept Application # 31-2002 of Vincent and Lucia Ricci and schedule a public hearing for Tuesday, November 26, 2002 at 7:10 p.m. Unanimous.
William and Stacey Doerrer, 1 Buckley Lane, requesting a variance of Section 300 of the Zoning Regulations that requires a minimum 25-foot side property line setback for a structure. The Doerrers are applying for a 15-foot right side line variance to allow placement of a proposed 10' x 24' attached rear deck to be 10 feet from the property line. Motion by J. Commendatore, seconded by M. Atkins to accept Application #32-2002 of William and Stacey Doerrer and schedule a public hearing for Tuesday, November 26, 2002 at 7:20 p.m. Unanimous.
Selma Halperin, 20 Peter Gilkey Road, requesting a variance of Section 4.3 of the Road Ordinance that requires a minimum separating distance of 350 feet between roadway intersections onto a common Town road. Jim Kulpa of Milone & MacBroom Engineering represented the application. Mrs. Halperin is seeking to utilize an existing 50-foot R.O.W. off of Scott Road to allow construction of a new road to access her 24-acre property at 20 Gilkey Road for a future planned residential subdivision. The R.O.W. is approximately 190 feet from the Pinecrest Drive access onto Scott Road, and thus Mrs. Halperin is seeking a 160' variance of the minimum 350-foot separating requirement. Motion by G. Havican, seconded by M. Atkins to accept Application 33-2002 of Selma Halperin and schedule a public hearing for Tuesday, November 26, 2002 at 7:45 p.m. Unanimous.
PUBLIC HEARINGS:
7:13 p.m. ZBA Application #29-2002 of Robert E. Doyon, 2 Forest Ridge Road for a 20-foot rear property line variance for placement of a detached shed. Chairman Moschella read into the record the Notice of Public Hearings for this application as it appeared in the Waterbury Republican American on October 11 and 18, 2002. Chairman Moschella asked why the shed can not be placed 50 feet from the rear property line. Mr. Doyon explained there is a very large tree preventing the shed from being moved closer to the house. Also, the septic system, septic reserve area, in-ground pool, fence and cabana also limit suitable locations. F. Harkins related that the distance from pool to the back property line shows 121 feet according to the applicant's site plan, and also questioned why the shed cannot be moved out from the property line. Mr. Doyon again stated that existing facilities and large trees located in his back yard significantly limit placement of a shed to the rear property area. M. Atkins asked what the size of the shed is. Mr. Doyon stated the shed is 12' x 20'. There were no further questions from the board members and no comment from the public. Chairman Moschella closed the public hearing at 7:20 p.m.
7:20 p.m. ZBA Application #30-2002 of Peter and Maria Vaccarelli, 13 Holley Lane for a 20-foot left side line and a 5-foot house rear range line variance for placement of a detached shed. Chairman Moschella read into the record the Notice of Public Hearings for this application as it appeared in the Waterbury Republican American on October 11 and 18, 2002. Chairman Moschella asked Mrs. Vaccarelli to explain what the hardships are in this application. Mrs. Vaccarelli responded the severe sloping of their property limits reasonable access to the shed if placed in any other location. Chairman Moschella asked if the shed could be relocated enough to eliminate one of the two requested variances. M. Atkins asked if the size of the shed could be reduced. Mrs. Vaccarelli stated they truly need this size building to store yard maintenance equipment, fertilizers, snow-blower, etc. Also, footing drain pipes force the shed to be closer to the side property line because the shed should not be placed over these drains. J. Commendatore asked if the shed could be placed on the right side of the driveway, but that would place the shed to the front of the house. There were no further comments from the board members and no comments from the public. Chairman Moschella closed the public hearing at 7:29 p.m.
7:30 p.m. ZBA Application #26-2002 of Peter M. Sydoriak, 1 Corrine Drive requesting a variance of Section 300 of the Zoning Regulations that requires a 50-foot street line setback for a structure to be placed on his property at 77 Morris Road. This public hearing was continued from the September 24th meeting. This three-sided parcel is located at the intersection of Terry Road, Morris Road, Bronson Road and Clark Hill Road and therefore requires a 50-foot structure setback on all three sides of the parcel. Chairman Moschella related that they had requested and received a response from the Town's attorney relative to legal issues raised by Mr. Pilicy at the previous hearing. Mr. Franklin Pilicy, representing Peter Sydoriak related he is now requesting an amendment to the application that will reduce the variances requested in the original application. The amended application does not seek variances on Morris Road or Bronson Road, and seeks only a 27-foot variance on Clark Hill Road. M. Atkins queried whether this should be considered as a new application because of the changes and because members of the public who attended the previous public hearing have not been made aware of these changes and are not present tonight to comment. A discussion ensued as to whether this is an amendment of the existing application or an entirely new application. It was agreed that the changes result in a reduction of variances from the original application and therefore would be considered as amendments. Mr. Sydoriak consented to a 35-day extension of time on the public hearing, allowing for a continued public hearing in November. Chairman Moschella stated legal notices would be published detailing the amendments, and all abutting property owners re-notified prior to the public hearing that will be continued to November 26, 2002 at 7:30 p.m.
ACTION ON APPLICATIONS:
ZBA Application #29-2002 of Robert E. Doyon, 2 Forest Ridge Road for a 20-foot rear property line variance for placement of a detached shed. Chairman Moschella called for a motion. Motion by J. Commendatore, seconded by F. Harkins to approve Application #29-2002 of Robert E. Doyon for a 20-foot rear property line variance. Discussion: Chairman Moschella questioned whether the applicant could not in some way relocate the shed within the setback requirements. Board members concurred the location of the pool, fence, cabana, large trees and slope of the land all present valid restrictions. In favor: Unanimous. Motion to approve carries. Reasons: Hardship being existing in-ground pool, septic system, large, mature trees and slope of land limit shed placement.
ZBA Application #30-2002 of Peter and Maria Vaccarelli, 13 Holley Lane for a 20-foot left side line and a 5-foot house rear range line variance for placement of a detached shed. Chairman Moschella called for a motion. Motion by M. Atkins, seconded by J. Commendatore to approve Application #30-2002 of Peter and Maria Vaccarelli, 13 Holley Lane for a 20-foot left side line and a 5-foot house rear range line variance. Discussion: Board members all agreed the steep slope of the property places unique limits on where a shed can be placed. Putting the shed farther to the rear of the property would put the shed within the 50-foot rear property line setback, and moving the shed towards the house conflicts with the footing drains. In favor: Unanimous. Motion to approve carries: Reasons: Hardship being the steep slope of the property and location of footing drains.
ZBA Application #23-2002 of Batire Halim, 1 Roy Mountain Road requesting a 130-foot variance of the minimum 150-foot front property line requirement for a new residential lot to allow a 20-foot wide driveway for street access to a proposed rear lot at 22A Roy Mountain Road. George Havican excused himself from the discussion as he was not present at the public hearing or has listened to the tapes of the hearing. Chairman Moschella related the public hearing was carried over to allow time for the board members to review information submitted at the public hearing. Chairman Moschella called for a motion. Motion by M. Atkins, seconded by J. Commendatore to approve Application #23-2002 of Batire Halim for a 130-foot front property line variance to allow access for a proposed rear lot. Discussion: Chairman Moschella reviewed the application, stating that the boundaries of this parcel were created from the development of surrounding lands. This parcel (22A Roy Mountain Road) was not an approved subdivision lot and therefore falls under Section 300 of the Zoning Regulations that requires a minimum 150 foot of street frontage. Chairman Moschella stated he believes this is a self-created hardship in that the applicant, who owned most of the surrounding land, allowed that land to be developed resulting in a defined 22A Roy Mountain Road. F. Harkins mentioned that although the applicant had stated the lot was not included in the Roy Mountain Subdivision to allow access to their abutting property, he felt access could still have been gained had the lot been approved with the other subdivision lots. In favor: None. Opposed: Unanimous (four votes). Motion to approve is denied. Reasons: Hardship is self-created.
PUBLIC PARTICIPATION: None
ADJOURN Motion by G. Havican, seconded by F. Harkins to adjourn at 8:45 p.m. Unanimous.