CORRESPONDENCE: a.) Attorney Jennifer Sills, Carmody & Torrance LLP notifying the board of the court dismissal of "Brown vs. Zoning Board of Appeals of the Town of Prospect". b.) Letter (no name) regarding the recent P&Z approval for a Banquet Facility on Route 69.
CLERICAL BILL: Motion by J. Commendatore, second by M. Atkins to pay the clerical bill. Unanimous.
APPROVAL OF MINUTES: Motion made by J. Commendatore, seconded by M. Atkins to approve ZBA minutes of April 22, 2003. Two votes in favor with three abstentions. Motion to approve carries.
NEW BUSINESS:
a.) Batire Halim, 22A Roy Mountain Road. Application for a 130' front property line variance to allow for a 20' wide driveway access to property. Floria Polverari represented the applicant. M. Atkins stated that this same application was presented to the board six months ago and subsequently denied. Mrs. Polverari replied that they wish to bring forward legal arguments regarding this variance request that were not made at the previous public hearing. Motion by J. Commendatore, seconded by B. Holley to accept Application #06-2003 of Batire Halim and schedule a public hearing for June 24, 2003 at 7:10 p.m. Unanimous.
b.) Peter Corbett, 10 Scott Road. Mr. Corbett stated he is seeking a variance for a detached garage and was not aware he needed to have a completed application and be placed on the agenda prior to the meeting. Chairman Atkins informed Mr. Corbett to contact Bill Donovan in the Land Use Office who would provide Mr. Corbett with the necessary application and help with any questions he might have prior to the next meeting which will be on June 24th.
PUBLIC HEARINGS
a.) 7:10 p.m. ZBA Application #05-2003 of James and Deborah McMahon, 15 Trotters Way. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Waterbury Republican American on May 16th & 23rd, 2003. 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 52-feet from the rear property line due to wetlands and septic location in the front of the house. Mr. McMahon presented to the board pictures of the rear property showing where the deck would be located. Chairman Atkins asked for comments from the board. F. Harkins asked the applicants if they are the original owners, to which they replied they are and have lived there for approximately two years. B. Holley asked who their contractor was. Mr. McMahon stated Mr. Slapikas. There were no further comments from the board, and no comments from the public. Chairman Atkins closed the public hearing at 7: 15 p.m.
7:20 p.m. ZBA Application #03-2003 of Rene Grenier, Katherine O'Grady, William & David Rek, 32 Rek Lane. This public hearing was continued from the previous meeting. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Waterbury Republican American on May 16th & 23rd, 2003. All applicants were present. David 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 that 32 Rek Lane was originally created to allow for access to their abutting property of approximately 17 acres (identified as 120 Salem Road). At the time, Rek Lane was the only access to this abutting parcel. With the recent "West Ridge Estates" subdivision that includes the new road "Rachel Ann Court", access to their abutting property is now possible by extending Rachel Ann Court. Thirty two Rek Lane has sufficient acreage to meet zoning requirements and has also obtained Chesprocott Health District approval for a proposed septic system and Inland Wetlands approval. Mr. Rek stated the new lot would not interfere with snow removal or other road maintenance, and would not have an adverse impact on the neighborhood. Mr. Rek further stated that he would clean up the property of existing abandoned automobiles and building materials. M. Atkins asked what the total area of 32 Rek Lane is. Mr. Rek responded just over an acre. Bill Donovan asked whether 32 Rek Lane was ever part of an approved subdivision. Mr. Rek responded it is not part of any subdivision. M. Atkins asked whether the abutting property could be accessed from Salem Road. Mr. Rek responded there are steep slopes and a poor sight line onto Salem Road that prevents vehicle access from a town road. Mr. Rek further stated that the abutting 120 Salem Road has since been sold and is no longer owned by the family. Chairman Atkins asked why 32 Rek Lane could not have been sold along with the land on 120 Salem Road. Mr. Rek stated they wanted to create a building lot for 32 Rek Lane, and if this property were included in the new subdivision, zoning would not allow access over other new lots to reach Rachel Ann Court. Every lot has to have direct access to a Town road. Chairman Atkins 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 the easement is for the Postal Telegraph and Cable Company dated April 22, 1903 (Vol 9, page 534) for the right to erect and maintain poles and lines. 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. M. Atkins stated this subject is not really relative to the variance request, however common sense would dictate that the drivers would want to know if this bridge can carry the weight of their equipment before crossing. Mr. Rek stated if the bridge were damaged he would surely make any necessary repairs. Ed Rek also asked if the proposed location of the house complies with zoning. J. Slapikas responded that approval for any zoning or building permits requires that the house be in compliance with all pertinent codes. Dave Baranauskas, 30 Rek Lane asked if there would be any filling operations that might force water onto his property. Mr. Rek stated there will be filling along the driveway, but this will not cause re-direction of water towards Mr. Barnauskas' property. There were no further comments and the public hearing closed at 7:37 p.m.
b.) 7:38 p.m. ZBA Application # 04-2003 of Victor & Filipa Silva, 6 Dorothy Avenue. This public hearing was continued from the April 22nd meeting. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Waterbury Republican American on May 16th & 23rd, 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 and the results of that survey show he can reduce the needed variances to an 8-foot sideline and 6-foot rear property line. Mr. Silva also stated the house was built in the 1950's; the parcel itself is .39 acres. B. Holley asked if there are two new additions. Mr. Silva stated the existing deck is being replaced with a larger deck and there will be a new house addition. Chairman Atkins asked for comment from the public. Teresa Desrochers, 8 Dorothy Avenue abuts Mr. Silva's property and is in favor of the application. Stephen Lombardo, 84 Union City Road has concerns with the trash on 6 Dorothy Avenue. The trash was there before Mr. Silva purchased the property. Joan Kate, 4 Dorothy Avenue asked for clarification on what side of the house the addition is going. The plans show the addition going on the opposite side of the house from 4 Dorothy Avenue. There were no further comments and the public hearing was closed at 7:48 p.m.
ACTION ON APPLICATIONS:
a.) Application # 05-2003. J. Slapikas recused himself from the board on this application. Motion by J. Commendatore, seconded by B. Holley to approve Application # 05-2003 of James and Deborah McMahon, 15 Trotters Way for a 16-foot rear property line variance to construct an attached rear deck. Discussion: M. Atkins stated the house was placed at the very rear portion of the building setback due to wetlands and septic in the front of the property. Vote: Unanimous. (four votes).
b.) Application # 03-2003. Motion by J. Commendatore, seconded by J. Slapikas to approve Application #03-2003 of Rene Grenier, Katherine O'Grady, William Rek and David Rek, 32 Rek Lane for a 90-foot street line variance to bring 32 Rek Lane into compliance with Section 310 of the Zoning Regulations. Discussion: B. Holley asked if there has been Inland Wetlands approval on this parcel. B. Donovan stated both Inland Wetlands and Chesprocott Health have approved this lot. Chairman Atkins stated the property was originally intended to gain access to the rear property. J. Slapikas stated that other issues brought up at the hearing such as the bridge, water runoff, etc. should be discussed between the applicants and abutting property owners and settled either by legal means or through the proper approving officials. Vote: In favor: 4; Opposed 1. Motion to approve carries. Reasons: Access to the rear parcel is now possible via a new town road; property itself complies with all other zoning requirements.
c.) Application # 04-2003. Motion by J. Commendatore, seconded by B. Holley to approve Application # 04-2003 of Victor and Filipa Silva, 6 Dorothy Avenue for a 10-foot rear property and 10-foot sideline property variance to construct a house addition and deck. Discussion: Questioned whether cleaning up the debris on the property could be a condition of approval. Board agreed it can not be. Vote: Unanimous. Reasons: Non-conforming nature of lot (.39 acres), placement of home along left sideline.
OLD BUSINESS: Under discussion, Chairman Atkins mentioned a previous variance approval for Earl Reilly, 179 Union City Road in which the variance was granted in part on the applicant's statement that existing older structures and debris that are within the property setback limits would be removed or stored indoors once the new building is erected. To date, those structures and outside debris remain. Chairman Atkins requested Bill Donovan send a letter to the Reilly's regarding this matter. On the subject of trash and debris on properties is general, Bill Donovan stated a proposed ordinance allowing for daily fines to be issued to violators is under review with the Town Council. Once approved, the threat of such a fine should help to effect cleanup of various properties currently burdened with debris, junk cars, etc.
ADJOURNMENT: Motion by B. Holley, seconded by J. Slapikas to adjourn at 8:05 p.m. Unanimous.