Chairman Dominic Moschella called the Zoning Board of Appeals meeting to order at 7:01 p.m. Other members present: Martin Atkins. Fred Harkins, Betty Lou Holley and Jeff Slapikas were absent. Alternates present: Joseph Commendatore and George Havican. Chairman Moschella seated Joe Commendatore for Fred Harkins and George Havican for Betty Lou Holley. Also present: Bill Donovan, Clerk/Land Use Inspector.
CORRESPONDENCE: None
CLERICAL BILL: Motion by M. Atkins, second by G. Havican to pay the clerical bill. Unanimous.
APPROVAL OF MINUTES: Motion made by J. Commendatore, seconded by M. Atkins to approve ZBA minutes of March 25, 2003. Three votes in favor with one abstention. Motion to approve carries.
NEW BUSINESS:
a.) James and Deborah McMahon, 15 Trotters Way. Application for a 16-foot rear property line setback variance to construct an attached deck. Mr. McMahon explained they are seeking a 16-foot variance to construct a 13' x 23' rear deck because the back of the house is located at the 50-foot building setback line due to wetlands and septic location in the front of the house. Motion by M. Atkins, seconded by J. Commendatore to accept Application # 05-2003 of James and Deborah McMahon and schedule a public hearing for Tuesday, May 27, 2003 at 7:10 p.m. Unanimous.
PUBLIC HEARINGS
a.) 7:10 p.m. ZBA Application #03-2003 of Rene Grenier, Katherine O'Grady, William & David Rek, 32 Rek Lane. Chairman Moschella read into the record the "Notice of Public Hearings" for this application as it appeared in the Waterbury Republican American on April 11th and 18th, 2003. David Rek represented the applicants. Mr. Rek stated they are seeking a 90-foot variance of the minimum 150-foot street frontage requirement for residential lots in Section 310 of the regulations to bring 32 Rek Lane into compliance with the regulations. He stated there is sufficient acreage to meet zoning requirements and he has also obtained Chesprocott Health District approval for a proposed septic system. Chairman Moschella asked for comments from the public. Ed Rek, 33 Rek Lane asked about a comment on the plot plan for 32 Rek Lane that refers to a 30-foot mutual proposed access. David Rek stated he believes this has to do with an easement for the power company to get power to 32 Rek Lane. Bob Knapp, 585 Park Road Ext., Middlebury, CT stated he understood there is a "blanket easement" on these properties for allowing future extensions of power equipment and service. Ed Rek also asked who would maintain the common bridge that both 32 and 33 Rek Lane's driveways would cross over if that bridge were damaged from construction equipment accessing 32 Rek Lane. Ed Rek also asked if the proposed location of the house comes under the ZBA. Chairman Moschella stated at this time, the only issue is the requested variance for street frontage. B. Donovan asked why the variance is necessary. Mr. Rek stated that at one time many years ago his father planned to extend Rek Lane to the abutting rear 17-acres for access, but since then there is now existing access from Rachael Ann Court. M. Atkins asked if the variance is not granted can 32 Rek Lane be accessed elsewhere. Mr. Rek stated no; right now the only access is from the end of Rek Lane. There were no other comments. Chairman Moschella stated that because letters to abutting property owners were not mailed prior to tonight's public hearing, the hearing will be extended until the next meeting on May 27th beginning at 7:20 p.m. This allows time for notification of the public hearing by mail to abutting property owners.
b.) 7:33 p.m. Application # 04-2003 of Victor & Filipa Silva, 6 Dorothy Avenue. Chairman Moschella read into the record the "Notice of Public Hearings" for this application as it appeared in the Waterbury Republican American on April 11th and 18th, 2003. Mr. Silva stated the application is for a 10-foot sideline and 10-foot rear property line variance to construct a house addition and attached deck. Mr. Silva also stated that he had an "as-built" survey completed for his property since the last meeting, and the results of that survey show he can reduce the needed variances to an 8-foot sideline and 6-foot rear property line. Chairman Moschella asked what Mr. Silva sees as the hardships involved. Mr. Silva stated the location of the house on the property and the small size of the parcel. There were no comments from the public. Chairman Moschella stated that because letters to abutting property owners were not mailed prior to tonight's public hearing, the hearing will be extended until the next meeting on May 27th at 7:30 p.m. This allows time for notification of the public hearing by mail to abutting property owners.
OLD BUSINESS: None
ACTION ON APPLICATIONS: None
ADJOURNMENT: Motion by J. Commendatore, seconded by J. Commendatore to adjourn at 7:45 p.m. Unanimous.