Chairman Martin Atkins called the Zoning Board of Appeals meeting to order at 7:00 p.m.

Other members present: Matthew Blinstrubas, Carl Graveline, Jeffrey Slapikas (7:06 p.m.), Marianne Byrne

Alternates present: None

Members absent: Gregory Zupkus (Alt.)

Also present: William Donovan, Land Use Inspector/Clerk

Carl Graveline asked for a moment of silence in remembrance of Martin Atkins father who recently passed away.

CORRESPONDENCE: 1. Connecticut Water Company:Introductory letter and forms entitled "Public Water Supply Watershed or Aquifer Area project Notificaiton Form, 2. Council of Governments Lower Naugatuck Valley: Schedule of up-coming land use training program.

CLERICAL BILL: Motion by C. Graveline seconded by M. Blinstrubas to pay the clerical bill. Unanimous.

APPROVAL OF MINUTES: Motion by J. Slapikas, seconded by C. Graveline to approve the ZBA minutes of the August 24, 2004 meeting. Four in favor with one abstention. Motion to approve carries>.

Chairman Atkins welcomed Marianne Byrne as a new member to the board.

NEW BUSINESS: See Below.

PUBLIC HEARINGS:
a. 7:10 p.m. Application 11-2004: Dzeladin Lena, 3 Rek Lane for a 12 foot sideline variance and a 13 foot front line variance for an attached garage. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on September 17 & 24, 2004. He is bordered by commercial property to the rear and an un-developed parcel of land to the left or westerly side of his property. Mr Lena stated the garage would not have a negative impact on the neighborhood as most other homes in the area have existing garages. Mr. Lena presented pictures of his property to the board. B. Donovan asked why his particular property needs a variance to construct a garage. Mr. Lena replied the angle and location of the house do not allow him to build a garage without a variance. The house is 25 feet from the left property line and less than 37 feet to Rek Lane. Chairman Atkins asked Mr. Lena to respond to Attorney Sciota's letter questioning the location of Mr. Lena's westerly boundary. Chairman Atkins stated if the property line is closer to the house than Mr. Lena is depicting on his plot plan, a larger variance than what is not being requested would be required. Chairman Atkins noted that 3 Rek Lane is non-conforming in area and minimum frontage requirements. J. Slapikas agreed that if there is a dispute on the location of a property line, and it is later determined a larger variance is necessary, Mr. Lena would need to re-apply for an additional variance to allow the garage to remain (if approved). Chairman Atkins stated it is the applicants responsibility to verify the accuracy of any information submitted with an application. C. Graveline questioned whether the existing deck, which is in the general location of the proposed garage, may have received a previous variance. Mr. Lena said he does not kow what previous variances might have been granted. Mr. Lena stated his architect drew up his plot plan based on property line information obtained from the previous owner. No licensed surveyor was utilized. Chairman Atkins asked for comments from the pubic. The commission discussed extending the public hearing until the October 26th meeting to allow the applicant the opportunity to confirm to the board the accurate location of his westerly boundary line. Motion by C. Graveline, seconded by M. Blinstrubas to extend the public hearing to October 26th at 7:10 p.m. Unanimous.

NEW BUSINESS:
Michael and Christine McAllen, 170 Scott Roadd. Application seeking a variance of the maximum building size allowed for elderly housing developments. Mr. McAllen stated he recently purchased 170 Scott Road with an existing 200-foot building previously utilized as a nursing home. The McAllen's intention is to resotre this sturcture for a proposed 8-unit elderly housing complex. The zoning regulations restrict the maximum length of a building for elderly houseing to 150 feet, therefore the McAllen's are seeking a 50-foot variance of Section 4.1.8.12 to allow full use of this existing 200-foot building. When the structure was last utilized as a nursing facility, there were 35 beds in place. The building and property have been abandoned for approximately 10 years. Motion by J. Slapikas, seconded by C. Graveline to accept Application 12-2004 of Michael and Christine McAllen for a 50 foot variance of the maximum allowed length of a single building utilized for elderly housing and schedule a public hearing date for Tuesday, October 26th at 7:30 p.m.Unanimous.

OLD BUSINESS:
Chairman Atkins stated his displeasure with the remodeling of the garage on Straitsville Road saying the wok being done exceeds what was permitted under the variance granted for a continuance of the non-conforming commercial use of that property. Chairman Atkins believes the variance did not permit any extension in height of the existing structure which is what is now occuring. Chairman Atkins advised the board on theneed to be very specific in wording when granting a variance to ensure the applicant or future property owner adheres to and complies with the variance, and also with any conditions imposed with the granting of a variance. Board members discussed the need for applicants to present accurate information with their applications, referring to tonight's public hearing and the dispute over the location of a property boundary. Chairman Atkins felt it may be necessary to require boundary surveys by licensed surveyors on non-conforming lots when there is no available means to accurately confirm the location of a proposed structure to a side, front or rear property line.

PUBLIC PARTICIPATION: None.

ADJOURNMENT: Motion by M. Blinstrubas, seconded by C. Graveline to adjourn at 8:10 p.m. Unaminous.

Respectfully submitted,

Martin Atkins
Chairman