ZBA - May 25, 2004
Prospect Zoning Board of Appeals
APPROVED MINUTES
May 25, 2004

Chairman Martin Atkins called the Zoning Board Of Appeals meeting to order at 7:00 pm.
Other Members present: Carl Graveline, Jeffrey Slapikas (7:16p.m.)
Alternates present: George Havican
Members present: Matthew Blinstrubas, Betty Lou Holley (Alt.), Dominic Morelli(Alt.)
Also present: William Donovan, Land Use Inspector/Clerk

Chairman Atkins seated G. Havican for M. Blinstrubus

CORRESPONDENCE: Copy of the Superior Court's "Memorandum Of Decision" regarding the matter of Peter Sydoriak's successful appeal of the ZBA's denial for a requested variance at 77 Morris Road.

CLERICAL BILL: Motion by C. Graveline seconded by G. Havican to pay the clerical bill. Unanimous.

APPROVAL OF MINUTES: Motion by C. Graveline seconded by G. Havican to approve the ZBA minutes of April 26, 2004 meeting. Two votes in favor with one abstention. Motion to approve carries.

NEW BUSINESS:
a. N & N Realty, LLC (Glen Noble as Agent), 9 Gramar Avenue, Application seeking a 14-foot sideline variance to construct a 30" x 45" truck storage shed. Mr. Noble stated he is seeking to contruct a detached building to house propane vehicles and equipment a minimum of 10-feet from the primary building on site as required be the State Fire Code. His property restricts to the rear causing the need for a sideline variance. Motion by C. Graveline, seconded by G. Havican to accept Application 7-2004 of N & N Realty and set up a public hearing for June 22, 2004 at 7:10 p.m. Unanimous

b. Timothy & Kathy Francois, 121 Cook Road, Application seeking a 5-foot sideline and a "rear range line of house" variance to construct a 12' x 24' utility building. Mr. Francois stated they would like to construct a utility building on the left side of their property. The topography of the property including wetlands limits placement in the rear, and the shed must also be far enough away from the house to allow truck access to the septic system located in the rear. Motion by G. Havican, seconded by C. Graveline to accept Application 8-2004 of Timothy & Kathy Francois and set a public hearing for June 22, 2004 at 7:20 p.m. Unanimous

c. C.V.S. Pharmacy, (Courtney Nawrot as Agent), 73 Waterbury Road. Application seeking variances of the commercial sign regulations to allow an "Electronic Message Board" sign to be placed under the existing detached "CVS" sign. Ms. Nawrot stated that CVS would like to erect a 24 square foot sign under the existing detached CVS sign and relocate the signpost closer to Route 69 for greater visibility. Ms. Nawrot stated the unique business of CVS, which offers several services in addition to pharmaceutical, cannot be adequately displayed with their current sign. Motion by J. Slapikas, seconded by C. Graveline to accept Application 9-2004 of CVS Pharmacy for a 23 square foot variance of the maximum 24 square foot size allowed for a commercial sign, and a 5-foot variance of the minimum distance a sign must be to the front property line to install a message board sign under the existing CVS sign. Unanimous. A public hearing was scheduled for June 22, 2004 at 7:30 p.m.

PUBLIC HEARINGS:
a. 7:27 p.m. (Scheduled for 7:10 p.m.) Application 6-2004: Paul & Maria Santos, 100 Beach Drive. Seeking a 2-foot left sideline and a 6-foot front property line variance for an attached garage/family room. Atkins read into the record the "Notice of Public Hearings" as it appeared in the Republican American on May 14th & 21st, 2004. Mr. Santos stated he is seeking variances to construct an above family room with two-car garage underneath house addition. The house and lot are both non-conforming in that the house is within the front setback line and the lot has less than 150 feet of frontage. Mr. Santos also stated that from discussions with the Chespercott Health District, any addition going off the rear of the house would conflict wiht the area needed for future repairs or replacement of his septic system. The house is approximately 40 year old. Mr. Santos is not aware of any previous variances approved for this property. The area of the lot is just under 1/2 acre. In response to a question by Chairman Atkins, Mr. Santos stated the house located to the left of the property is approximately 20-25 feet from the property line. Chairman Atkins noted that because of the angle of the house, the proposed addition would be farther from the street than the house. There wre no further comments from the board and no comments from the public. Chairman Atkins closed the public hearing at 7:35 p.m.

NEW BUSINESS: None.

ACTION ON PUBLIC HEARINGS:
G. Havican called for Motion to approve Application 6-2004 of Paul & Maria Santos, 100 Beach Street for a 2-foot left sideline and a 6-foot front property line variance for a house addition; seconded by C. Graveline. Discussion: J. Slapikas stated he would have preferred the elimination of the sideline variance, however he noted that the propsed addition is less intrusive into the front property line setback than the existing house. Chairman Atkins also concurred that the proposed variance places the addition farther from the street than the house, and because of the angle of the house, only a portion of the addition will be within the 25-foot sideline setback. Chairman Atkins called for a vote. Unanimous. Reasons: location of existing house within the front setback and the restriction to expand off the rear of the house because of the location of the septic.

PUBLIC PARTICIPATION:
Chairman Atkins gave recognition to members of Boy Scout Troop 102, Naugatuck who were in attendance earning a merit badge by attending a ZBA meeting. The Scouts found the experience very interesting. Chairman Atkins also wanted to publicly thank Joe Commendatore for his service to the Zoning Board of Appeals. Joe recently resigned from the board and is now a member of the Town Council.

ADJOURNMENT: Motion by C. Graveline, seconded by G. Havican to adjourn at 7:55 p.m. Unanimous.

Respectfully submitted,
Martin Atkins
Chairman