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

Other Members Present: Jeffrey Slapikas, Marianne Byrne, Matthew Blinstrubas (7:15 p.m.), George Havican (Alt), Carl Graveline (8:05 p.m.)

Members Absent: Lori DaSilva (Alt)

Also Present: William Donovan, Clerk/Land Use Inspector

Chairman Atkins seated G. Havican for M. Blinstrubas

CORRRESPONDENCE: As entered under "Public Hearings"

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

APPROVAL OF MINUTES: Motion by M. Byrne, seconded by J. Slapikas to approve the April 25, 2006 minutes. Three votes in favor with one abstention. Motion to approve carries. Approval of the April 25, 2006 minutes was deferred to the next meeting scheduled for June 27th.

PUBLIC HEARINGS:
a. 7:10 p.m. Application 05-2006: Dominic T. Laudate, 8 Morris Road for a 20-foot front property line variance to place an attached deck 30 feet from the front property line. Chairman Atkins read into the record of "Notice of Public Hearings" as it appeared in the Republican American on June 15th & 23rd, 2006.Mr. Laudate stated he is seeking to place a 24' x 8' deck in front of his house. The house is 38' from the front property line and was built prior to zoning. The parcel is 1A acre in size. Chairman Atkins asked if there are other homes with front decks in the vicinity. Mr. Laudate stated there is one other similar deck in the neighborhood, explained his house was built prior to zoning and is less than 50 feet to the front property line. He cannot place a deck in the front without being within the minimum front property line setback requirement. The lot is approximately V* acre in size and is less than the minimum one acre zoning requirement. The deck will extend 8 feet out from the house. G. Havican asked if the deck could go in the back. Mr. Laudate state the pool and septic are located in the back. Chairman Atkins asked if there will be an overhang on the deck. Mr. Laudate stated he may put up an awning at some point in the future. J. Slapikas asked if a permanent roof could be built in the future. Mr. Laudate stated no, he does not have the necessary pitch. The house is a ranch. Chairman Atkins asked for comments from the public. No comments were received, and there were no further comments or questions from the board. The public hearing was closed at 7:16 p.m. Chairman Atkins noted that Matt Blinstrubas arrived at 7:15 p.m. Chairman Atkins unseated G. Havican (alt) and acknowledged M. Blinstrubas as present.

NEW BUSINESS:
a. Mark D 'Angela, 13 Juggernaut Road. Application for a side yard variance to replace the existing garage with a larger structure. Mr. D'Angelo stated he has a 20' x 20' garage in very poor condition that he would like to take down and replace with a larger structure that would extend 4 feet closer to the road and also connect to the house. Both the lot and house are non-conforming. The proposed structure would be 6 V* feet from the left side line requiring a 19 foot variance. Motion by J. Slapikas, seconded by M. Byrne to accept Application 08-2006 of Mark D'Angelo for a 16 foot left sideline variance and set a public hearing for July 25, 2006 at 7:10 p.m. Unanimous.

PUBLIC HEARINGS: (continued)
b. 7:25 p.m. Application 06-2006: Hans Reichardt, 474 Matthew Street for two 15-foot side line variances for a proposed residential structure. Chairman Atkins read into the record the "Notice of Public Hearings" as it appeared in the Republican American on May 15th & 23rd, 2006. Chairman Atkins read into th< record a letter from Mr. & Mrs. Hinckley, 471 Matthew Street opposing this application. Mr. Reichard stated he resides in New Britain. He owns 474 Matthew Street that is a narrow remnant of land left ovei from a previous subdivision he developed. Mrs. Doreen Reichardt was also present. Mrs. Reichard' presented four maps describing the origin and description of the property in question and surrounding area. Mrs. Reichardt stated the property in question was included in their "Mountainbrook Estates' subdivision approved in 1993. However, the subdivision map that is recorded wrongly separates this parcel from Lot 16 instead of combining this strip of land as an entranceway for Lot 16. The parcel in question is 302' long x 50' wide. Chairman Atkins noted that without sideline variances, a house can nol be placed on this parcel. The Reichardts also owned and subdivided the two parcels to the right of 474 Matthew Street prior to their "Mountainbrook Estates" subdivision. They did not include the strip of land in discussion with these two lots as they intended to utilize this piece as access to "Mountainbrook Estates". Board members asked if the land was ever offered to abutting property owners. The Reichardts stated there was no interest. Chairman Atkins asked for comments from the public. Lisa J. Larkin, 105 Plank Road is the current owner of Lot 16 and is opposed to the variances. Lindsey Sarmadi-Fard, 105 Plank Road (Lot 16) stated they originally thought they owned a portion of the 50 foot strip. Margaret Gibson, 468 Matthew Street abuts this strip of land and is opposed to the variances saying the strip of land is not a building lot and if built on would lower the value of their property. Hugh and Mrs. Jones, 480 Matthew Street abuts this strip of land and stated the Reichardts back in the 1990's told them this strip of land would be deeded over to both the Gibsons and themselves. They are opposed to the variances because it is a very small piece of land and any development would have to impact their property. The Jones's stated the Reichardts have never approached them concerning this property. Chairman Atkins noted that M. Blinstrubas had to leave the meeting. G. Havican was consequently seated for M. Blinstrubas at 7:50 p.m. Ann Stein, 22 Cook Road asked what the hardship is for the variance. Chairman Atkins stated the hardship as explained by the Reichardts. Mrs. Stein is in opposition to the variances. B. Donovan asked Lindsey Sarmadi-Fard to clarify if she is in favor or opposed to the variances. She stated she is opposed because the property is not large enough. There were no further comments from the public and not comments or questions from the board. Chairman Atkins closed the public hearing at 7:55 p.m.

c. 7:56 p.m. Application 07-2006: Counterpoint Communications, Inc., 37 Peach Orchard Road for a detached 3,150 square foot garage in a residential zone that exceeds the maximum allowed 800 square foot size limitation. Chairman Atkins read into the record the "Notice of Public Hearings" as it appeared in the Republican American on June 15 & 23, 2006. Board member G. Havican recused himself from this public hearing due to a conflict of interest. Carl Graveline was seated at 8:05 p.m. Attorney Patrick Zailckas represented the applicant. He described the property as 12.33 acres in size. There is a television/radio production broadcasting transmission facility. Studios, transmitting towers and storage are located on the property. Attorney Zailckas explained the hardship for this variance as a lack of secure, dry storage space for the facility's equipment and records. As the production technology has modernized over the years, more equipment is needed. There are three steel storage containers presently utilized for storage. Chairman Atkins asked if a building could be added on to the existing facility without a variance. Attorney Zailckas stated the septic system is located in the most likely area for a building addition. Additionally, there are numerous underground cables and other equipment located in the road and therefore expanding outwards towards the road with conflict with buried utilities. The garage is proposed to be located to the west/southwest of the existing facility. Attorney Zailckas presented an aerial photograph showing two proposed locations (1 & 2). No property line variances are required for the proposed locations. Attorney Zailckas stated a strong argument can be made that no variances are required for the storage building as this would be a legal intensification of the current use, which is a legal non-conforming use in a residential zone. This use has been here since approximately 1934. The storage building is a natural growth of the business. No new use is being brought in. Vehicles needed for the business would be stored in the building and also production equipment, tapes and supplies already on site. The building would provide secure, climate-controlled storage. The proposed building would be 250 feet from the nearest property line and 350 feet from the nearest residence. The building would be a steel Quonset hut type of building. Attorney Zailckas also mentioned RLUIPA: Religious Land Use Institutionalized Persons Act as a federal act that prohibits any government agency from imposing a lane use regulation in a manner that imposes a substantial burden on the religious exercise of a persor including a religious assembly or institution. Chairman Atkins acknowledged the referenced federal act but stated he feels the act pertains more to religious worship rather than storage facilities. J. Slapikas asked whether a variance on the size of the building in and of itself would still be required. Attornej Zailckas stated if the zoning office denied the zoning permit, an attorney could argue the building is permitted because this is a legal intensification and not an illegal expansion of a legal non-conforming use. The board reviewed a map of the property, surrounding area and location of the proposed building. Chairman Atkins read into the record correspondence from Alice Palen, 31 Peach Orchard Road ana Matthew and Corrine Lacy, 23 Peach Orchard Road supporting this application for a variance. Attorney Zailckas also presented a booklet containing various pictures with written descriptions of the facilities and property. Father John Gatzak, Director of Communications for the Archdiocese of Hartford with office at 37 peach Orchard Road stated the activity is more a ministry than a business. They provide daily television mass to more than 50,000 people. They offer assistance to persons with various burdens of health and other issues. There is a program reaching out to young people. A news magazine program highlights the good things being done in the surrounding communities. Chairman Atkins asked how often are the existing storage trailers accessed. Father Gatzak stated on a weekly basis. Films or tapes cannot be kept in the trailers because of the poor conditions. Roseann Scamardella, Vice President of Counterpoint Communications stated they need access to tapes on a daily basis. Some tapes that have been stored in the steel containers have been destroyed. She stated new, high-tech equipment is needed to remain current with broadcasting technology, however there is no safe storage space available and this truly is a hardship for their productions. Scott Parmelle, 78 Melissa Lane and Treasurer for Counterpoint Communications stated if approved, the new storage facility would utilize only 3% of the total land area. They would landscape the area around the building. John Sullivan of Sullivan Brothers Remodeling described the building as a steel building with no windows. There will be bay doors for vehicles. It would be utilized for a garage and also storage. The second story loft would be climate-controlled for sensitive materials. This is a semi-permanent structure assembled on site. There will be installed, but no plumbing. The building's height is 19 feet. Attorney Zailckas submitted a sketch of the building as Exhibit 4. He stated although Father Gatzak described the production as religious orientated, the ministry is provided through telecommunications that has always been the commercial operational use of this property, with their variance request. Chairman Atkins asked for comments from the public. Dominic Moschella, 33 Peach Orchard Road asked to review the maps presented. Carol Moschella, 33 Peach Orchard Road is in favor of the variance. Henrietta Gerard, 25 Peach Orchard Road has no objections but is concerned that if approved, other neighbors may also want to build large garages. Chairman Atkins stated zoning regulations prohibit large detached garages in residential zones; however this unique situation before the board allows the board to consider their request for a variance. Joe Hughes, 21 Peach orchard Road is not opposed. There were no further comments and the public hearing was closed at 8:58 p.m.

OLD BUSINESS: None

APPROVAL OF MINUTES: (cont)
Motion by C. Graveline, seconded by G. Havican to approve the May 23, 2006 minutes. Two votes in favor with three abstentions. Motion to approve carries.

NEW BUSINESS (cont)
b. Thomas Edmonds, 5 Dogwood Drive. Application for a front and side line variance for a front porch. Mr. Edmonds stated he is seeking to have a covered porch on the front of his house connecting two existing decks and removing the existing front porch. The new covered porch extends approximately 5 Vz inches closer to the road than the prior front porch. B. Donovan noted the structure has already been completed and Mr. Edmonds was advised variances are required. Motion by J. Slapikas, seconded by M. Byrne to accept Application 09-2006 of Thomas Edmonds for a 19 foot front line and 8 foot side line variance for a front porch. Unanimous. A public hearing was scheduled for 7:20 o.m. on July. 25.2006.

c. Gary & Lynn Beard, 131 Matthew Street. Application for a side line variance for an attached garage Mr. Beard stated they are seeking to build an attached garage on the right side of their house that woulc be 3 l/2 feet fronm the side property line. He is looking for a 21 Vz foot side line variance. Mr. Beard does not have an existing garage. Mr. Beard mentioned there is a 30 foot wide driveway on the right side ol their house for a lot to the rear of his property. Mr. Beard's lot is % acre with 111 feet of frontage. Motion by J. Slapikas, seconded by M. Byrne to accept Application 10-2006 for a 21 Vz foot sideline variance for an attached garage. Unanimous. A public hearing was scheduled for 7:30 p.m. pm on July 25, 2006.

ACTION ON APPLICATIONS FOLLOWING CLOSE OF PUBLIC HEARING:
a. Application 05-2006: Dominic T. Laudate, 8 Morris Road. Motion by M. Byrne, seconded by G. Havican to approve Application 05-2006 for a 20 foot front property line variance for an attached deck. Discussion: Chairman Atkins stated this is a non-conforming lot. A well is located on one side; the driveway is on the other side. J. Slapikas stated a deck can go within 10 feet of the septic tank, which is in the rear of the property. M. Byrne questioned the hardship, saying this seems to be more of an aesthetic preference rather than a necessity. C. Graveline also is unsure of the hardship. J. Slapikas stated there are other decks in the neighborhood that are as close to the road as this deck would be. The deck would be 30 feet from the property line. Chairman Atkins noted this would make the house 38 feet off the front property line and is non-conforming. B. Donovan noted the stairs shown on the sketch come off the front of the deck and would be closer than 30 feet to the front line. The board agreed the stairs would need to come off a side of the deck or be no more than a step up to the deck. Chairman Atkins called for a vote. In favor: 4. Opposed 1. Motion to approve carries with conditions that attached stairs can be no closer to the street than the deck, or with a one step-up to the deck as an exception.

b. Application 06-2006: Hans Reichardt, 474 Matthew Street for two 15-foot side line variances for a proposed residential structure. Motion by J. Slapikas, seconded by M. Byrne to approve the variances. Discussion: J. Slapikas stated he does not see how this property can be considered as a building lot. This is a hardship brought upon the applicant by himself because he developed the surrounding property and left this parcel as is. Mr. Reichardt has been receiving tax bills on this property for 13 years and J. Slapikas questioned why he is now approaching the board for variances. Chairman Atkins felt this may not even be a hardship as this property was intended to be incorporated into the abutting lot. C. Graveline questioned if this could be restricting a use of a property. J. Slapikas stated this property was never intended for a lot within the subdivision Mr. Reichardt developed. Mr. Reichardt left this remnant (474 Matthew Street) as is with the completion of the subdivision. C. Graveline questioned if Mr. Reichardt could claim this as a remnant lot that he has been paying taxes on. J. Slapikas stated this is not a lot, but a remnant access to a lot that should have been given over to Lot 16 and wasn't. Chairman Atkins agreed with Mr. Slapikas's statement on the matter that 474 Matthew Street was never intended to be a lot. Chairman Atkins called for a vote on the motion. There were no votes in favor of approving this variance. Motion to approve does not carry. Motion by J. Slapikas, seconded by M. Byrne to deny Application 06-2006 for two 15 foot side line variances as this is a remnant piece with no hardship. Discussion: Chairman Atkins stated there is no hardship involved. In favor: Unanimous. Motion to deny carries. Reasons: The applicant created the hardship himself by leaving this parcel as a remnant piece with his approved subdivision.

c. Application 07-2006: Counterpoint Communications, Inc., 37 Peach Orchard Road for a detached 3,150 square foot garage in a residential zone that exceeds the maximum allowed 800 square foot size limitation by 2,350 square feet. Motion by C. Graveline, seconded by M. Byrne to approve Application 07-2006 for variances as presented. Discussion: J. Slapikas stated every piece of property is different, therefore any like application received at a later date shall be considered on its own merits. He stated an 800 square foot garage with a second story allows 1,600 square feet of storage which is what Counterpoint currently has with the 3 metal storage bins on site. He stated the applicant's attorney described a need to increase the use of storage as the business develops. The area of this property can handle a 3,000 square foot garage/storage building. He does not have a problem with this request. M. Byrne stated the application as submitted lacked adequate information for an initial review. Chairman Atkins stated he feels this is intensification and not an expansion of a legal non-conforming busbess. There are no property line variances sought with this application, and removing the three existing old steel storage bins would greatly enhance the appearance, safety and security of the property and business. Board members stated they would be satisfied with either of the two sites proposed for the building. B. Donovan suggested a natural screening between the building and neighboring properties be included as a condition of approval. Chairman Atkins confirmed that the motion is to approve this variance as a legal intensification of a pre-existing non-conforming use and called for a vote. In favor: Four votes in favor with one abstention. Motion to approve carries with conditions to place natural screening between the building and neighboring homes.

PUBLIC PARTICIPATION: None

ADJOURNMENT: Motion by C. Graveline, seconded by G. Havican to adjourn at 9:35 p.m. Unanimous.

Martin Atkins, Chairman