Prospect Zoning Board of Appeals

June 24, 2003

Chairman Domenic Moschella called the Zoning Board of Appeals meeting to order at 7:01 p.m. Other members present: Betty Lou Holley, Jeff Slapikas, Fred Harkins, Martin Atkins. Alternates present: Joseph Commendatore, Carl Graveline.

Also present: Bill Donovan, Clerk/Land Use Inspector.

CORRESPONDENCE: None

CLERICAL BILL: Motion by J. Commendatore, second by F. Harkins to pay the clerical bill. Unanimous.

APPROVAL OF MINUTES: Motion made by J. Commendatore, seconded by M. Atkins to approve ZBA minutes of May 27, 2003. Four votes in favor with one abstention. Motion to approve carries.

NEW BUSINESS:

a.) Aureliajean Brundage, 11 Knapp Drive for a 9-foot right side line variance for placement of a detached shed. Bill Perrotti spoke on Ms. Brundage's behalf. Ms. Brundage is seeking to construct a 10' x 14' shed on the right side of her property within 16 feet of the property line. The lot is approximately 1/3 acre and is also a corner lot. Motion by J. Slapikas, seconded by B. Holley to accept Application 07-2003 0f Aureliajean Brundage for a 16-foot right side line variance and schedule a public hearing for Tuesday, July 22, 2003 at 7:10 p.m. Unanimous.

b.) Waldemar Martinez, 4 Karyl Lane for a 28 foot front street line variance for placement of a porch and step landing. Mr. Martinez stated the house is approximately 31 feet from the street line. He is planning to replace the existing front porch with a larger porch and replace the existing concrete step landing with a new wood step landing. Motion by M. Atkins, seconded by J. Slapikas to accept Application 09-2003 of Waldemar Martinez for a 28 foot street line variance and schedule a public hearing for July 22, 2003 at 7:40 p.m. Unanimous.

c.) Anne & Salvatore Guiliano, 8 Old Schoolhouse Road for a 22 foot right side line variance for a detached garage. Mr. Guiliano stated he has already constructed the garage without obtaining the necessary permits (zoning, inland wetlands, building) because he did not realize that a garage without a poured slab foundation, which is what he constructed, is still considered a permanent structure by Prospect's regulations and requires the proper permits (and variance as needed). The garage is necessary because the house has only a one bay attached garage with an oil tank that prevents a car from being parked inside. Motion by M. Atkins, seconded by J. Slapikas to accept Application 08-2003 of Anne & Salvatore Guiliano for a 22 foot right side line variance and schedule a public hearing for July 22, 2003 at 7:30 p.m. Unanimous.

PUBLIC HEARINGS

a.) 7:10 p.m. Application 06-2003: Batire Halim, 22A Roy Mountain Road for a 130' front property line variance to allow for a 20' wide driveway access to property. Chairman Moschella read into the record the "Notice of Public Hearings" for this application as it appeared in the Waterbury Republican American on June 13 & 20, 2003. Attorney Robert Hanahan, 80 Phoenix Avenue, Waterbury, CT. and Floria Polverari represented the applicant. Mr. Hanahan began by requesting the public hearing be continued over to the next scheduled meeting on July 22, 2003. Mr. Hanahan stated that this application has previously been denied by the ZBA and was also strongly opposed by Mr. George Sabo of the abutting Highland Greens Golf Course. Mr. Hanahan stated that the applicant and Mr. Sabo have since met on this matter and are in the process of working out an agreement satisfactory to Mr. Sabo relative to the proposed development of 22A Roy Mountain Road. Mr. Hanahan discussed the background of 22A Roy Mountain Road saying that this parcel was associated with a 1985 subdivision on Roy Mountain Road and left as an accessway to the applicant's rear abutting property for future development. In 1997 that rear property was developed as a separate subdivision and accessed from Elaine Court, thus leaving 22A Roy Mountain Road as an unapproved subdivision lot. Mr. Hanahan stated that had 22A Roy Mountain Road been incorporated into either subdivision, it would have met the requirements of the Subdivision Regulations. Chairman Moschella reminded Mr. Hanahan that the issue again is "hardship" or more particularly a "self-created" hardship in that the applicant, by developing around this parcel excluded it from compliance with the subdivision regulations. Mr. Hanahan agreed with Mr. Moschella. He acknowledged that had the applicant known at the time that they were creating a potential problem with the regulations by not including 22A Roy Mountain Road as a proposed subdivision lot in either subdivision, they surely would have done so. Bill Donovan asked how this parcel in terms of size and shape compares with the existing abutting rear lot on Roy Mountain Road. Floria Polverari stated it is the same size as Lot 6 which is a mere image of 22A Roy Mountain Road. Chairman Moschella asked for comment from the public. George Sabo, Managing Partner of the Highland Greens Golf Course, 22 Cook Road, reiterated that he has been working with the applicant's representatives to resolve earlier issues he had with the potential development of the lot, but recognizes the board's obligations to follow zoning guidelines as well. Chairman Moschella continued the public hearing to July 22, 2003 at 7:20 p.m.

ACTION ON APPLICATIONS: None

ADJOURNMENT: Motion by B. Holley, seconded by J. Slapikas to adjourn at 7:55 p.m. Unanimous.

Domenic Moschella, Chairman

William Donovan, Clerk