CORRESPONDENCE: Letter from William Donovan, Land Use Inspector, to Earl and Jean Reilly, 179 Union City Road, regarding removal of garage/shed.
CLERICAL BILL: Motion made by M. Atkins, second by C. Graveline to pay the clerical bill. Unanimous.
APPROVAL OF MINUTES: Motion made by M. Atkins, second by F. Harkins to approve the ZBA minutes of June 24, 2003. Unanimous.
NEW BUSINESS:
a. Thomas Vaccarelli, 36 Salem Road, Application # 11-2003 for a 9-foot sideline and 30-foot rear property line variance for a detached shed. Mr. Vaccarelli stated that he recently received zoning approval of a pool and would like to install a shed to store pool equipment and yard care products/tools. Without the proposed variance the shed would take away from the yard. He does not want to put the shed in the middle of the backyard. The shed is 12 x 16. Mr. Vaccarelli gave the Commissioners permission to go onto the property. The applicant was asked to stake out where the proposed shed would go. Motion by J. Commendatore, seconded by F. Harkins to accept Application # 11-2003 for Thomas Vaccarelli, 36 Salem Road, for a 9-foot sideline and 30-foot rear property line variance for a detached shed and schedule a Public Hearing for Tuesday, August 26, 2003 at 7:10 p.m. Unanimous.
b. DeCosta Family Trust, 239 Cook Road. Application # 10-2003 for a 25-foot front line variance for a detached garage. Mr. DeCosta stated that the property was restricted due to wetlands. The proposed garage is 75-foot by 55-foot and is L-shaped. Motion by M. Atkins, seconded by J. Commendatore to accept Application #10-2003 for the 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. A Public Hearing was scheduled for Tuesday, August 26, 2003 at 7:20 p.m. Unanimous.
PUBLIC HEARINGS:
a. 7:15 p.m. Application # 07-2003: Aureliajean Brundage, 11 Knapp Drive, for a 9-foot right side line variance for placement of a detached shed. Chairman Moschella read into the record the "Notice of Public Hearing" for this application as it appeared in the Waterbury Republican American on July 11 & 18, 2003. Bill Perrotti spoke on Ms. Brundage's behalf. The house is on a corner lot, which puts them at a disadvantage. Chairman Moschella asked for comments from the board. M. Atkins asked how long the property owner has owned the house. Mr. Perrotti said the house was built prior to 1962. The shed would be put on cinder blocks. There were no further comments from the board and no comments from the public. Chairman Moschella closed the public hearing at 7: 19 p.m.
b. 7:20 p.m. Application # 06-2003: Batire Halim, 22 A Roy Mountain Road for a 130-foot street variance to allow for a 20-foot wide driveway access to property. Chairman Moschella read into the record the "Notice of Public Hearing" for this application as it appeared in the Waterbury Republican American on July 11 & 18, 2003. Attorney Robert Hanahan, 80 Phoenix Avenue, Waterbury, CT and Floria Polverari represented the applicant. This application was continued from June 24, 2003. The attorney provided the Commission with preliminary maps of Lot 7, Halim Estates, Roy Mountain Road, Prospect, CT. This application was previously denied due to a "self-imposed" hardship. Attorney Hanahan stated that the "self-imposed" hardship was not intentional. Chairman Moschella asked for comments from the board. M. Atkins asked why this had not been an issue back when the subdivision first started. Attorney Hanahan stated that the Halims wanted to retain access to their abutting property for future development. Chairman Moschella questioned why Lot 6 was not being used. Floria stated that there was a wetlands problem. Chairman Moschella also questioned if the subdivision record showed any reason for leaving out Lot 6. C. Graveline questioned if it was Open Space. Bill Donovan stated that it was labeled "other land". J. Commendatore felt that this is a "self-imposed" hardship and he did not see that anything has changed since the applicant first came to the commission. F. Harkins felt the same way. The Attorney pointed out that the neighbors were not opposed to this proposed lot. Attorney Hanahan stated that should the variance be denied, the Halims have the option of amending the original subdivision application at Planning & Zoning. Melody Sanchez, property owner of Lot 6, 21 Roy Mountain Road submitted a letter stating that she supports Batire Halim's variance request. The letter was read into the record and put on file. There were no further comments from the board and no comments from the public. Chairman Moschella closed the public hearing at 7:34 p.m.
c. 7:35 p.m. Application # 08-2003: Anne & Salvatore Guiliano, 8 Old Schoolhouse Road for a 22-foot sideline variance for a detached garage. Chairman Moschella read into the record the "Notice of Public Hearing" for this application as it appeared in the Waterbury Republican American on July 11 & 18, 2003. Mr. Guiliano was unaware that he needed a permit in order to put up the garage. He thought that if it wasn't a permanent structure he did not need a permit. If he were to move the garage he would have to cut down trees and bushes. This position is best for vehicle accessibility. The left side of his property is not usable. Mr. Guiliano stated that St. Anthony's Church did not seem to have a problem with the placement of the garage. Chairman Moschella asked for comments from the board. Chairman Moschella felt that the garage could be moved over away from the septic and well. J. Commendatore felt that having to cut down trees was not an undo hardship. Mr. Guiliano's major concern was having to drive through the backyard to get to the garage. Bill Donovan asked why there was a need for an extra garage. Mr. Guiliano stated that there was no storage space in the basement, and only one small vehicle fits in the garage. He also stated that two of his surrounding neighbors have detached garages on the right side. F. Harkins was having a hard time considering approving a variance for a garage that already is in existence. He felt it would set a precedent and approving after-the-fact defeats the purpose of the commission. There were no further comments from the board and no comments from the public. Chairman Moschella closed the public hearing at 7:43 p.m.
d. 7:45 p.m. Application # 09-2003: Waldemar Martinez, 4 Karyl Lane for a 28-foot front street line variance for a front porch landing and steps. Chairman Moschella read into the record the "Notice of Public Hearing" for this application as it appeared in the Waterbury Republican American on July 11 & 18, 2003. Mr. Martinez stated that if he had to put the stairs in another place it would conflict with the landscaping. This porch and step landing will enhance the curbside appearance of the house. Chairman Moschella asked for comments from the board. Chairman Moschella asked why the steps could not be put at the end of the porch. Mr. Martinez said there was a gutter there and a 15-foot drop, which is why there is a hardship. It has a potential to be dangerous. There were no further comments from the board and no comments from the public. Chairman Moschella closed the public hearing at 7:51 p.m.
ACTION ON APPLICATIONS:
Motion by M. Atkins, seconded by J. Commendatore to approve Application # 07-2003 for Aureliajean Brundage, 11 Knapp Drive, for a 9-foot right sideline variance for placement of a detached storage shed. Discussion: M. Atkins felt that being a corner lot was a hardship because it is not like other lots. Bill pointed out that this variance request goes along with the new regulations regarding set back distances on corner lots. Unanimous.
Motion by J. Commendatore, seconded by M. Atkins to approve Application # 06-2003 for Batire Halim, 22A Roy Mountain Road for a 130-foot street variance to allow for a 20-foot wide driveway access to property. Discussion: Chairman Moschella was torn. It is a "self-imposed" hardship. The regulations do not look well upon rear lots. J. Commendatore can not see anything new that would make him change his vote. M. Atkins, C. Graveline, and F. Harkins agreed. Variance denied. Unanimously. Reasons: This is a self-imposed hardship.
Motion by A. Atkins, seconded by J. Commendatore to approve Application #08-2003 for Anne & Salvatore Guiliano, 8 Old Schoolhouse Road for a 22-foot right side variance for a detached garage. Discussion: F. Harkins stated again, that he could not see approving this variance after-the-fact. C. Graveline suggested considering this application as if Mr. Guiliano had not already put up the garage. M. Atkins agreed with that suggestion, however, does not feel like he would have approved this application in that case. There is still plenty of room to put the garage in another place. M. Atkins also pointed out that the Building Department could ask that the garage be taken down because there is no permit. The commission agreed they did not see a hardship. They directed Bill Donovan to speak to the Building Official and the applicant. No action was taken at this time.
Motion by C. Graveline, seconded by F. Harkins to approve Application #09-2003 for Waldemar Martinez, 4 Karyl Lane for a 28-foot front street line variance for a front porch landing and steps. Discussion: Chairman Moschella said he had no problem granting a 3-foot extension. It would make the stairs safer. M. Atkins agreed. Unanimous.
Motion made by F. Harkins, seconded by J. Commendatore to adjourn at 8:13 p.m. Unanimous.