Other Members Present: Carl Graveline, Jeff Slapikas, George Havican (alt)
Members Absent:Marianne Byrne, Lori Da Silva (alt)
Also Present: William Donovan, Clerk/Land Use Inspector
Chairman Martin Atkins called the meeting to order at 7:03 p.m. G. Havican was seated for M. Byrne.
Public Hearings:
A. 7:05 p.m. Application 02-2007. George Nagy, for a 4 foot variance to place a 14' x 22' pre built detached shed 16 feet from the right side line. Chairman Atkins stated this Special Meeting has been scheduled to conclude the public hearing of George Nagy that was open on March 27. At that meeting, only 3 board members were in attendance, and therefore no vote or action could be taken on this application. Chairman Atkins read into the record a letter from Bill Donovan, ZBA Clerk and Prospect Land Use Inspector, dated March 29, 2007 to all ZBA board members advising the proposed would be the most desirable location for the neighbors, but apparently that is not the case. Chairman Atkins asked how many years Mr. Nagy has lived at this location. Mr. Nagy replied 4 years. The Chairman asked for confirmation that the proposed shed would not extend any closer to the side property line than the house. Mr. Nagy stated the shed would actually be further from the side property line. B. Donovan stated at the public hearing questions were raised by neighbors that there may be a buried oil tank uder where the shed would be placed. B. Donovan stated he contacted Petro Fuel in East Haven who confirmed from their records that a 1.000 gallon buried oil tank was removed from the property last year. Chairman Atkins asked for comments from the public. Chairman Atkins closed the public hearing at 7:15 p.m.
Action on Public Hearings:
A. Application 02-2007: George Nagy, for a 4 foot variance to place a 14' x 22' pre built detached shed 16 feet from the right side line. Motion by G. Havican, seconded by C. Graveline to approve the application as presented. Discussion: J. Slapikas stated the shed would be located a foot further from the side line than the house and is not on a permanent foundation. He does feel there are other locations on the property where the shed can go but is comfortable with this location. G. Havican asked if a smaller shed could be purchased. C. Graveline expressed concern over a valid hardship. He believes this is a self-created hardship that could be resolved by purchasing a smaller shed. Chairman Atkins stated the shed does not extend closer to the property than the house and he does not have a problem granting a variance. He understands there may be other locations on the property where the shed can be placed, but he believes a property owner has some rights on where a proposed building can go on his property, and does not see how the shed at this location creates a problem for the neighbors. There were no other comments and the Chairman called for a vote. In favor: 3, opposed 1. The motion to approve the variance does not carry. C. Graveline, as the dissenting vote to approve, stated he does not feel the applicant presented a sufficient hardhsip for the variance request.
Adjournment: Motion by G. Havican, seconded by C. Graveline to adjourn at 7:25 p.m. Unanimous.
Martin Atkins
Chairman