Chairman Martin Atkins called the meeting to order at 7:06 p.m.

Other Members Present: Carl Graveline, Marianne Byrne, Lori DaSilva (Alt)

Members Absent: Jeffrey Slapikas, Matthew Blinstrubas, George Havican (Alt)

Also Present: William Donovan, Clerk/Land Use Inspector

Chairman Atkins seated L DaSilva for J. Slapikas

CORRESPONDENCE: None

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

APPROVAL OF MINUTES: Motion by M. Byrne, seconded by C. Graveline to approve the minutes of February 28, 2006 as presented. Two votes in favor with three abstentions. Motion to approve carries.

PUBLIC HEARINGS:
7:12 P.M. Application 01-2006: Mark & Joan Chevrier, 215 Cheshire Road for a 30-foot front lint variance for an office building and a 1 5-foot rear property line variance for a greenhouse at a commercial garden center. Chairman Atkins read into the record the "Notice of Public Hearings" as it appeared in the Republican American on March 17 & 24, 2006. Mr. Chevrier stated he is seeking to construct 2 commercial building and greenhouse on his property to maximize the use of his property. He is seeking a 30-foot front line and 15-foot rear line variance for the two buildings. The property is surrounded on three sides by the Regional Water Company property. He does not need a side line variance. Chairman Atkins asked what structures are currently located on the property. Mr. Chevrier stated there is a 12'x50' trailei and a 60'x30' greenhouse. Both are considered temporary structures. The proposed replacement structures will both be larger in size: the new building would be 40'x60' and the new greenhouse would be 90'x50'. Mr. Chevrier stated he can place the new building on the property without a variance, but would lose 5,000 square feet of greenhouse. There is no septic system on the property and one cannot be placed on the property per Chesprocott Health District. There will be a port-a-john utilized for the employees. M. Byrne asked what type of building is proposed. Mr. Chevrier stated it is a metal building with two garages and office space. Mr. Chevrier described it as a pole barn on a concrete pad. Mr. Chevrier stated he has received inland wetlands approval for the proposed buildings and site work. M. Byrne asked where the water source is located. Mr. Chevrier stated he trucks in water from his home property on Plank Road. Eventually, there will be a well. Chairman Atkins asked if the front property line were not angled as shown on the map, would a variance still be needed. Mr. Chevrier stated he still would need a slight variance. If no variance is granted, Mr. Chevrier stated he would move the building further from the front property line, but consequently would likely loose the greenhouse. The garden center has been in existence for 3 years, but Mr. Chevrier stated he has owned the property for 15 years. He stated a wetlands buffer in the rear of the property limits use of mat portion of the parcel and the DOT required the entranceway into the parcel be placed to allow a minimum required sightline when entering or exiting the site. C. Graveline asked for clarification on the drawings on the map presented. He asked what kind of building the new greenhouse would be. Mr. Chevrier described it as hard plastic with a vented roof. This would be a permanent, weather-tight structure. Mr. Chevrier again stated that the site will not permit a septic system and therefore the commercial use of the property is very limited. A garden center, as this one is, can function on me property. The business is closed during the winter months. C. Graveline asked if there is adequate parking for this business. Mr. Chevrier stated he meets zoning requirements for parking. Chairman Atkins read into the record a letter from Michael Guaglianone of the Regional Water Authority to the Prospect Inland Wetlands Commission concerning this application for setback variances at 215 Cheshire Road. Mr. Guaglianone expressed concerns with the dumping of fill, including stumps, brush and other debris adjacent to the wetlands along me shared property line with 215 Cheshire Road. C.

Zoning Board of Appeals
Graveline expressed concerns with the pole barn building becoming a storage garage or other like use ii the future. Mr. Chevrier stated the Inland Wetlands Commission would not be in favor of such a change C. Graveline stated he would be more comfortable with a temporary building. Mr. Chevrier stated withoui the variances, the permanent building can still be placed on the property. B. Donovan stated under tht regulations a garden center is permitted in a Business Zone, which is how this property is zoned. Then were no comments from the public and no further comments from the board. The public hearing closed ai 7:43 p.m.

NEW BUSINESS:
a. Christopher and Nefra Wihbey, 9 Old Schoolhouse Road. Application for property line variances for a second story addition on an existing non-conforming building. Mr. Wihbey stated they are seeking to add a second story addition onto the existing building at 9 Old Schoolhouse Road that they use for their family business that provides dance, music, voice and acting lessons. The second story addition would allow for better management and physical separation of the various instructions taking place at one time. The new addition does not increase the total numbers of students, but provides an unproved atmosphere for individual and small group instructions. The proposed addition does not expand beyond the footprint of the existing structure. Motion by M. Byrne, seconded by C. Graveline to accept Application 02-2006 for a 16-foot left sideline and II-foot front property line variance for a second story addition. Unanimous. The public hearing was scheduled for Tuesday, April 25,2006 at 7:10 p.m.

b. Frank Scampolino, 40 Clark Hill Road. Application for variance of 600 square foot maximum size limit for a detached garage and property line variances for same proposed building. Mr. Scampolino stated he is asking for variances to construct a 900 square foot detached garage in the front portion of his property. Mr. Scampolino stated his house is located on the left side of his property and septic on the right side. There is also a 20-foot drainage easement on the property that is a rear lot. Motion by M. Byrne, seconded by C. Graveline to accept Application 03-2006 for a 300 square foot area variance, a 10-foot side line variance and a 22-foot front line variance for a proposed 900 square foot detached garage. Unanimous. A public hearing was scheduled for Tuesday, April 25, 2006 at 7:20 p.m.

OLD BUSINESS: B. Donovan advised the board of a meeting scheduled with the Town Attorney for Wednesday, April 12th at 7:00 p.m. to review various legal and procedural matters that board members should be aware of. Bill encouraged board members to attend if at all possible.

ACTION ON APPLICATIONS FOLLOWING CLOSE OF PUBLIC HEARING
a. Application 01-2006: Mark & Joan Chevrier, 215 Cheshire Road for a 30-foot front line variance for an office building and a 15-foot rear property line variance for a greenhouse at a commercial garden center. Motion by C. Graveline, seconded by M. Byrne to approve Application 01-2006 as presented.

Discussion: L. DaSilva asked what the hardship might be. Board members reviewed Mr. Chevrier's comments and felt limitations with the lot, including the angled front property line, wetlands to the rear and sides and the limited commercial use of the property because of the inability to place a septic system are reasonable hardships. Conditions of approval were discussed. B. Donovan noted that any change of use on this property in the future that was more intense than this garden center would need site plan or Special Permit approval from Planning & Zoning. Board members questioned whether ZBA approval could allow a different building to be constructed from what has been presented before the board. Consensus was that this could happen. Chairman Atkins stated the variances should define the individual structures as an office/garage and a separate greenhouse. A condition to avoid dumping on the abutting RWA property is to be included hi the approval. Chairman Atkins called for the vote. Unanimous.

ADJOURNMENT: Motion by M. Byrne, seconded by L. DaSilva to adjourn at 8:30 p.m. Unanimous.

Martin Atkins, Chairman