PROSPECT ZONING BOARD OF APPEALS

APPROVED MINUTES

AUGUST 26, 2003

CORRESPONDENCE: Letter from Earl and Jean Reilly, 179 Union City Road, to William Donovan, Land Use Inspector, regarding removal of garage/shed. Letter from Council of Governments regarding Land Use Education Training. A copy will be mailed to each member for their review. Motion made by B. Holley, second by G. Havican to place Correspondence on file. Unanimous.

CLERICAL BILL: Motion made by M. Atkins, second by F. Harkins to pay the clerical bill. Unanimous.

Chairman Moschella unseated G. Havican and seated J. Commendatore for J. Slapikas.

APPROVAL OF MINUTES: Motion made by M. Atkins, second by J. Commendatore to approve the ZBA minutes of July 22, 2003 as amended. B. Holley and G. Havican abstained.

Motion made by M. Atkins, second by F. Harkins to add Henry & Lore Mikulski, 5 Salem Road for a 5-foot sideline variance to the agenda under New Business. Unanimous.

NEW BUSINESS:

a. Yvon & Linda Theriault, 19 Sherwood Drive: Application # 12-2003 for an 8-foot left sideline variance for a garage. Linda Theriault submitted a letter to the Board allowing her husband, Yvon Theriault, to represent the application. Mr. Theriault stated that the garage was going to be 12 x 24. Mr. Theriault stated that the septic was in the front yard, and the rear property line was wetlands. This area was most suitable due to driveway placement. The Commissioners asked for permission to go on the property and that the area be staked out. Motion by F. Harkins, second by B. Holley to accept Application # 12-2003 of Yvon & Linda Theriault, 19 Sherwood Drive for an 8-foot left sideline variance for a garage and schedule a Public Hearing for Tuesday, September 23, 2003 at 7:10 p.m. Unanimous.

b. John & Allison Sweeney, 33 Platt Drive, Application # 13-2003 for a 25-foot rear property line variance for a structure. The shed is 20 x 25. Mr. Sweeney stated that due to the layout of the property and septic system and accompanying leaching fields the allowable building space would not allow for any permanent structures. The Commissioners asked for permission to go on the property and that the area be staked out. Motion by M. Atkins, second by F. Harkins to accept Application # 13-2003 of John & Allison Sweeney, 33 Platt Drive for a 25-foot rear property line variance for a structure and schedule a Public Hearing for Tuesday, September 23, 2003 at 7:20 p.m. Unanimous.

c. Henry & Lore Mikulski, 5 Salem Road, Application # 14-2003 for a 5-foot variance for a deck. Matt McKeown, DJM Home Improvements stated that they need a variance to put up a 12' x 24' deck. The Commissioners asked for permission to go on the property and that the area be staked out. Motion by J. Commendatore, second by B. Holley to accept Application # 14-2003 for Henry & Lore Mikulski, 5 Salem Road, for a 5-foot sideline variance for a deck and schedule a Public Hearing for Tuesday, September 23, 2003 at 7:30 p.m. Unanimous.

PUBLIC HEARINGS:

a. 7:12 p.m. Application # 11-2003: Thomas & Barbara Vaccarelli, 36 Salem Road: 9-foot sideline and 30-foot rear property line variance for a detached shed. Chairman Moschella read into the record the "Notice of Public Hearing" for this application as it appeared in the Republican American on August 14 & 21, 2003. The Public Hearing was continued to later in the meeting due to Mr. Vaccarelli had not arrived as of yet.

b. 7:20 p.m. Application # 10-2003: DeCosta Family Trust, 239 Cook Road: for a 25-foot front line variance for a detached garage and to place the building forward of the rear range line of the house. Chairman Moschella read into the record the "Notice of Public Hearing" for this application as it appeared in the Republican American on August 14 & 21, 2003. Mr. James DeCosta represented the application. Mr. DeCosta stated that this is an interior lot. It is 225 feet off the Road. According to the Zoning Regulations, the structure would be placed in front of his house however, he stated that the front property line is a sideline of his house, which faces perpendicular to Cook Road. No variance is needed for the rear, or side lines according to the Zoning Regulations. B. Holley asked if he had been before the Board before with the same application. Mr. DeCosta said this was similar to a previous application. M. Atkins asked if with 5 1/4 acres why he had wanted to place the garage in that particular area. Mr. DeCosta explained that there were wetlands issues and embankments that made most of the other land unusable. He also pointed out future plans to add an addition to the house, making that area unusable for the garage. D. Moschella asked how tall the garage is intended to be. Mr. DeCosta stated no more than 12 feet. D. Moschella asked what the garage would be used for. Mr. DeCosta said he would use it for storage of cars, equipment, trackers, vacuum, and a wood-chipper. D. Moschella pointed out that he was seeking a dual variance, and the Board is reluctant to approve a dual variance. M. Atkins questions the square footage of the garage. Mr. DeCosta said it would be about 2,000 square feet. F. Harkins questioned the 5 1/4. He could not see why the garage had to be put in this corner of the land. Mr. DeCosta again stated the wetlands issue and the drop-offs. Chairman Moschella asked for comment from the public. George & Christine Gillot, 245 Cook Road, submitted a letter opposing this variance. Jean B. Zemaitis, 243 Cook Road, submitted a letter opposing this variance. The letters were placed on file. Mr. DeCosta responded to each letter. Chairman Moschella asked if there was anyone in the Public in favor of this application. Edward DeCosta, 251 Cook Road, a boarding neighbor felt that he did not understand the Zoning Regulation that describes the front of this house is as the side, and that regulation should not apply to rear lots. Chairman Moschella briefly explained the regulation. John Kerner, 247 Cook Road stated he was undecided about this variance. J. Commendatore suggested that a plot plan might have been helpful to show where wetlands and other restrictions are located. He felt it was hard to vote without this information. B. Holley stated that she would like to see the old file on this application, M. Atkins stated this was a new application, so there was no need to see the old file. Chairman Moschella closed the public hearing at 7:43 p.m.

a. 7:12 p.m. Application # 11-2003: Thomas & Barbara Vaccarelli, 36 Salem Road: 9-foot sideline and 30-foot rear property line variance for a detached shed (continued). Mr. Vaccarelli stated that they are having an in-ground pool installed, and would like the shed for storage. He would like the shed next to the pool. M. Atkins pointed out that the application is written for an in-ground pool and shed, however the application is only for the shed and the application was there amended accordingly. Chairman Moschella asked for comments from the public and being none the public hearing was closed at 7:46 p.m.

OLD BUSINESS:

a. Application # 08-2003: Anne & Salvatore Guiliano, 8 Old Schoolhouse Road: for a 22-foot right sideline variance for a detached garage. The Public Hearing for this application was closed July 22, 2003. Motion made by M. Atkins, second by J. Commendatore to approve Application # 8-2003 for Anne & Salvatore Guiliano, 8 Old Schoolhouse Road for a 16-foot right sideline variance for a detached garage which is currently on the property. Unanimous. Reasons: Hardship as submitted conforms with existing non-conformity i.e., exisitng house.

ACTION ON APPLICATIONS:

Motion by M. Atkins, second by J. Commendatore to approve Application # 10-2003 for DeCosta Family Trust, 239 Cook Road for a 25-foot front line variance for a detached garage and to place the building forward of the rear range line of the house. Discussion: D. Moschella felt that there were two variances to consider: a variance for placing the structure forward of the rear of the house and a 25-foot variance for front line, and this Board does not usually do that. F. Harkins agreed with J. Commendatore, that seeing a plot plan would have helped. M. Atkins stated that it is the applicant's job to provide all necessary information. He can understand the front/side line confusion. B. Holley stated that she felt this was a lot like the Trotter's Way applicant, and the Board turned that down. J. Commendatore said with the information they have to go by, it is a big structure to place in two neighbor's backyards, with 5 1/4 acres. Variance denied unanimously. Reasons: The Board does not normally grant two variances for a structure and a real hardship was not demonstrated.

Motion by M. Atkins, second by F. Harkins to approve Application # 11-2003 for Thomas & Barbara Vaccarelli, 36 Salem Road, for a 9-foot sideline and a 30-foot rear property line variance for a detached shed. Discussion: M. Atkins asked if it was a permanent structure. Bill Donovan stated the shed would be small enough to move. M. Atkins asked Bill Donovan to explain the requirements for a shed, which he did. M. Atkins suggested by moving the shed over towards the well 9 feet so he would not need the sideline variance. J. Commendatore suggested turning the shed length-wise towards the sideline, and then the applicant would only have to move the shed 5 feet up. J. Commendatore felt that it was an undue hardship, however, he was willing to compromise. M. Atkins suggested granting the 30-foot rear line variance only. Motion made by M. Atkins, seconded by J. Commendatore to withdraw the motion to approve Application # 11-2003 for Thomas & Barbara Vaccarelli, 36 Salem Road, for a 9-foot sideline and a 30-foot rear property line variance for a detached shed. Motion by M. Atkins, second by J. Commendatore to approve a 30-foot rear line variance. Unanimous. Note for the record the Board is not granting the application as filed for a 9-foot sideline and a 30-foot rear line variance. Reason: The location of well is the hardship. The Board has granted variances for other sheds of this size throughout the town for the same reason.

Discussion regarding the letter from Mr. & Mrs. Reilly. M. Atkins felt that Mr. & Mrs. Reilly should comply and take down the pole barn. After brief discussion J. Commendatore suggested waiting until September to see if they comply and in the meantime send a letter to Mr. & Mrs. Reilly thanking them for their recent letter.

Motion made by J. Commendatore, second by M. Atkins to adjourn at 8:16 p.m. Unanimous.

Respectfully submitted: