Prospect Zoning Board of Appeals
APPROVED MINUTES
December 19, 2006

Chairman Martin Atkins called the meeting to order at 7:02 p.m.

Other Members Present: Marianne Byrne, Carl Graveline, George Havican

Members Absent: Jeff Slapikas, Matthew Blinstrubas, Lori DaSilva (alt)

Also Present: William Donovan, Clerk/Land Use Inspector

Chairman Atkins seated G. Havican for M. Blinstrubas

Correspondence: a. Council of Governments of the Central Naugatuck Valley: Notice of presentation on land use decision-making scheduled for January 29, 2007; (b) Mayor Robert J. Chatfield, letter requesting ZBA 2007 budget submittal by February 7th.

Approval of Minutes:

Clerical Bill: Motion by M. Byrne, seconded by C. Graveline to pay the clerical bill. Unanimous.

Public Hearings:
a. 7:12 p.m. Application 22-2006: CRT Realty, LLC, 7 Maria Hotchhiss Road. Application for a 25 fooi front property line setback variance for house additions. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on Decembei 7 & 15, 2006. Corey Slapikas represented the applicant. He presented receipts of certified mailings to adjoining property owners. He stated CRT Realty is seeking to construct a second story addition on the existing structure. Also, he is planning an addition on the right side of the house for a two-car garage with a second story, and to remove the existing one-car detached garage and construct a kitchen addition off oi the left side of the house. Mr. Slapikas presented copies of an A-2 property survey map showing the location of both the existing house and garage on the property. Mr. Slapikas stated he needs the 25 fool variance because a new proposed septic system prevents any extension off of the rear of the house. M. Byrne asked which of the additions requires a variance. Mr. Slapikas stated he is building over the existing house and adding on additions that are no closer to the front property line than the house. B. Donovan stated based on the property survey map presented, the right front corner of the house is 37 feel to the front property line and is that portion of the house closest to the front property line. M. Byrne asked for confirmation that the only variance being sought is the front property line. Mr. Slapikas stated that is the only variance requested. G. Havican asked if the additions will be no closer to the front line than the existing house. Mr. Slapikas stated that is correct; nothing built will be closer to the front line than the existing house. The board confirmed a side line variance is not being requested. B. Donovan stated thai although the applicant is requesting a 25 foot variance, his survey indicates he can build his additions with less than a 25 foot variance. The applicant would need a 13 foot variance as a minimum. M. Byrne asked what the size of the lot is. Mr. Slapikas stated one acre. The house is approximately 800 square feet in size. It was built in 1948. C. Graveline asked if the kitchen addition requires a side line variance. Mr, Slapikas stated it should not. There were no comments from the public and the public hearing was closed at 7:25 p.m.

New Business:
a. Donald Reilly, 110 Waterbury Road. Application for a 15 foot front property line variance for c detached garage. Mr. Reilly stated he has an existing 3-car detached garage that he is seeking to replace with a new, larger structure. This is a business zoned parcel and a corner lot. The existing garage does noi meet the front setback requirement on Waterbury Road. The proposed garage meets the 50 foot setback on Waterbury Road, but needs a 15 foot front line setback on Oak Lane. The new structure is proposed ai 75' x 40' or 3,000 square feet. The property is 0.64 acres in size. It is not listed in the National Historic Register. Motion by C. Graveline, seconded by G. Havican to accept Application 01-2007 as presented and schedule a public hearing for January 23, 2007 at 7:10 p.m. Unanimous.

Approval of Minutes: Motion by M. Byrne, seconded by C. Graveline to approve the November 28, 2006 minutes as amended. Unanimous. Chairman Atkins referred to the Mayor's letter received under correspondence and asked the board for their comments on the budget for 2007. After discussion, it was recommended that the budget be increased from the current $1,500.00 to $2,000.00 to compensate for a requested increase in the clerk's salary. The Chairman also noted that the ZBA is one of the most cost-effective agencies in town, unlike other boards and commissions that often require additional expenses for engineering and legal fees. Motion by C. Graveline, seconded by G. Havican to propose $2,000.00 as the 2007 budget for the Zoning Board of Appeals. Unanimous.

Old Business: None

Action on applications:
a. Application 22-2006: CRT Realty, LLC, 7 Maria Hotchkiss Road. Application for a 25 foot front property line setback variance for house additions. Motion by C. Graveline, seconded by M. Byrne to approve the application as presented. Discussion: Chairman Atkins stated he has business dealings with an individual related to the principals of CRT Realty. However, he feels he can review this application for a variance in an impartial and objective manner and will therefore take part in the discussion and vote. M. Byrne questioned the request for a 25 foot variance when only a 13 foot variance is needed. Chairman Atkins stated the variance is for the second story addition. C. Graveline stated the kitchen and garage additions may also require a front line variance. M. Byrne stated the 25 foot variance seems excessive; a lesser variance could be considered that would satisfy the applicant's construction plans. B. Donovan noted a portion of the house is 37 feet to the front property line. He mentioned a roof overhang would also need to be within the variance allowance. M. Byrne again stated the 25 foot variance is excessive. The board agreed an 18 foot variance is reasonable. C. Graveline withdrew his motion for a 25 foot variance. Motion by C. Graveline, seconded by M. Byrne to approve an 18 foot front line variance for CRT Realty. Unanimous. Chairman Atkins noted the variance granted was less than requested by the applicant. Reasons: non-conformity of the existing house being within the front property line setback, and removal of the non-conforming existing detached garage.

Public Participation: None. Chairman Atkins informed the board that Christine Hinckley, 471 Matthew Street is appealing the board's decision to uphold the Cease & Desist Enforcement Order directing Mrs. Hinckley to relocate her detached shed to comply with the zoning setback requirements.

Adjournment: Motion by M. Byrne seconded by G. Havican to adjourn at 8:15 p.m. Unanimous.

Martin Atkins, Chairman