Chairman Martin Atkins called the meeting to order at 7:10 p.m.

Other Members Present: Carl Graveline, Marianne Byrne, Jeffrey Slapikas

Members Absent: Matthew Blinstrubas, George Havican (Alt), Lori DaSilva (Alt)

Also Present: William Donovan, Clerk/Land Use Inspector

CORRRESPONDENCE: See "Public Hearings"

CLERICAL BILL: Motion by J. Slapikas seconded by M. Byrne to pay the clerical bill. Unanimous.

APPROVAL OF MINUTES: Motion by M. Byrne, seconded by C. Graveline to approve the ZBA minutes of March 28, 2006 as presented. Three votes in favor with one abstention. Motion to approv< carries.

PUBLIC HEARINGS:
a. 7:15 p.m. Application 02-2006: Christopher & Nefra Wihbey, 9 Old Schoolhouse Road for an eleven-foot front property line and 16-foot side property line variance to construct a second story addition on an existing non-conforming building. Chairman Atkins read into the record the "Notice of Public Hearings' for this application as it appeared in the Republican American on April 13 & 21, 2006. Christophei Wihbey stated they are seeking to add a second story addition on their 30' x80' building for two additional dance areas to accommodate their clients. The total number of students, approximately 200, would remain the same. The new area would allow separation of different classes going on at the same time. J. Slapikas stated that the increased area could eventually allow for an increase in the numbers ol students. He questioned if there is adequate parking for additional clients. Mr. Wihbey stated there are 31 parking spaces. The total square footage of the building with the addition is 4,600 square feet. He meets the zoning requirements for number of required parking spaces. He also stated the business has been in existence since 1978. M. Byrne asked if the school puts on productions at this location. Mr. Wihbey stated they do not, but they do utilize the Palace Theater in Waterbury for group performances. Chairman Atkins asked how many students are in one class. Mr. Wihbey stated 5 to 8 is an average number. Also, the Fire Marshall has posted the maximum number of persons allowed in the building at one time. Chairman Atkins stated he has seen on many occasions cars parked all over Old Schoolhouse Road when classes are in session. Mr. Wihbey stated parking is available on the property, but people park on the road instead. Chairman Atkins read into the record a letter not dated from Anthony Cretella, 62 Klein Drive, Prospect objecting to the variances because of the negative impact he believes this business has on his property abutting 9 Old Schoolhouse Road and the parking problems the school causes. Chairman Atkins also read a letter dated March 14, 2000 from Attorney Edward G. Fitzpatrick representing Anthony Cretella concerning a fence erected by Mr. Sullivan at 9 Old Schoolhouse Road that encroaches onto Mr. Cretella's property. Mr. Wihbey stated neither he nor any of his customers have ever parked their cars on Mr. Cretella's property. Chairman Atkins asked for confirmation that the footprint of the house itself is not being expanded. Mr. Whibey stated that is correct; the new addition is only going up...not outward. Chairman Atkins asked for comments from the public. None were received and there were no further questions from the board. The public hearing was closed at 7:29 p.m.

b. 7:30 p.m. Application 03-2006: Frank Scampolino, 40 Clark Hill Road, for a 300 square foot area variance of the maximum 600 square foot permitted for a detached garage, a 22-foot front property line and 10-foot side property line variance to allow a 900 square foot detached garage to be 28-feet from the front property line and 15 feet from the left side property line. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on April 13 & 21, 2006. Mr. Scampolino stated he is seeking to build a detached building for additional storage. Mr. Scamoolino stated his house is 2,300 square feet in area. His lot conforms to current zoning requirements.

Chairman Atkins asked for a hardship. Mr. Scampolino stated the location of the well and septic. The well is in the rear and the septic takes up the entire side yard. Chairman Atkins asked if a 600 square foot garage would suffice. Mr. Scampolino stated he needs the larger area. C. Graveline asked if the proposec garage is to be located in front of the house. B. Donovan stated it is. Mr., Scampolino stated neighboring houses would be at least 100 feet from the building. He also stated there is a CL&P easement on hi; property and he has permission from CL&P to place a portion of this building on their easement. Th< building has to be angled to face the driveway and will be on the side of the property. The front of th( garage faces the house. There would be approximately 60 feet between the new building and the house Chairman Atkins asked if the garage could be moved more towards the center of the lot. Mr. Scampolinc stated that would place the garage on the driveway. Board members asked various questions on relocating the garage elsewhere to reduce the variances. Chairman Atkins asked for comments from the public Michael Dunn, 24 Peach Orchard Road. Concerned with having to look at the back of a large building next to his property. Bruce Hadzega, 29 Maple Drive. Concerned with the large size of the building being used for a business. Mr. Scampolino stated he has no intention of using the building for business purposes. There were no further comments and the public hearing was closed at 7:50 p.m.

ACTION ON APPLICATIONS FOLLOWING CLOSE OF PUBLIC HEARING
a. Application 02-2006: Christopher & Nefra Wihbey, 9 Old Schoolhouse Road. Motion by M. Byrne, seconded by C. Graveline to approve Application 02-2006 as presented. Discussion: J. Slapikas stated this is a non-conforming building and the proposed addition does not encroach closer to the property lines than the existing building. Suggested restrictions on parking on Old Schoolhouse Road could be a condition of approval. C. Graveline concurred. J. Slapikas stated there are no parking restrictions anywhere in town. Chairman Atkins suggested staggering classes would help relieve intermittent parking congestion. J. Slapikas also suggested putting in down-facing lighting in the parking lot. Chairman Atkins stated he is favorable for the requested variances and also noted the lack of parking regulations in Prospect. The Chairman called for a vote. In favor: Unanimous. Reasons: The variances requested do not encroach closer to neighboring property or street line than the existing building. Conditions: the applicant shall direct clients to utilize the facility's parking lot to discourage street parking on Old Schoolhouse Road.

b. Application 03-2006: Frank Scampolino, 40 Clark Hill Road. Motion by M. Byrne, seconded by C. Graveline to approve Application 03-2006 as presented. Discussion: J. Slapikas stated he is uncomfortable with multiple variances for one application. Also, this is a conforming lot. Chairman Atkins stated this is a conforming lot with an existing garage. C. Graveline has concerns with the size of the garage. Board members determined if the size of the garage were reduced to conform to the regulations, two variances could be eliminated. Chairman Atkins stated approving three variances for one lot impacts the effectiveness of the regulations. If the board did this for all property owners the regulations would be of no value. J. Slapikas stated a 600 square foot garage is a small garage, allowing only two cars and no room for other storage. Chairman Atkins felt this is still a self-created hardship in needing a larger structure. M. Byrne noted the neighbor's concern with having to look at the back of a large building. However, she stated if the building met the property line setbacks, little would change concerning the neighbor's view. J. Slapikas stated if the building were reduced in size to 600 square feet, a sideline variance could be eliminated. If the zoning regulations were ever changed to allow a larger detached garage, the applicant could build that larger structure with the one variance granted which would be the front property line variance. Board members agreed with allowing one variance only. M. Byrne consequently withdrew her original motion and proposed a new motion approving a 22-foot front line variance for Application 03-2006. Seconded by C. Graveline. Unanimous. Reasons: The applicant did not demonstrate a hardship for the proposed large size of the structure that required two property line variances. A reasonable hardshin with the location of the septic system was.

NEW BUSINESS:
a. John R. Joyce, 12 Overlook Court. Application for a 120 square foot variance of the 600 maximum square foot area for a detached garage to allow a 720 square foot building. Mr. Joyce stated he is seeking the variance to build a larger detached garage than is allowed by the regulations for car storage and woodworking. He is located on a cul-de-sac and there would be no impact to the neighborhood. The board asked for more detail on his plot plan, showing the driveway access to this proposed building. Motion by C. Graveline, seconded by M. Byrne to accept Application 04-2006 of John Joyce and set a public hearing for May 23,2006 at 7:10 p.m. Uanimous

ADJOURNMENT: Motion by M. Byrne, seconded by L. DaSilva to adjourn at 8:50 p.m. Unanimous.

Martin Atkins, Chairman