Prospect Zoning Board of Appeals
APPROVED MINUTES
August 28, 2007

Chairman Martin Atkins called the meeting to order at 7:04 p.m.

Other Members Present: Carl Graveline, Jeffrey Slapikas, George Havican (alt)
Members Absent: Marianne Byrne, Lori DaSilva (alt)
Also Present: William Donovan, Clerk/Land Use Inspector

Chairman Atkins seated G. Havican for M. Byrne.

Correspondence:
Hans Reichardt, 417 Glen Street, New Britain, CT. Letter protesting the Board's denial of his application for a sideline variance at his property located at 474 Matthew Street.

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

Approval of Minutes:
Motion by C. Graveline, seconded by G. Havican to approve the minutes of the July 24, 2007 meeting as presented. Unanimous.

Public Hearings:
a. 7:10 p.m. Application 06-2007: Dorothy Shea, 2 Maple Drive for a 7-foot front property line variance for an attached garage. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on August 17 & 24, 2007. Mrs. Shea stated she is seeking a variance to construct an attached garage to her house. There is no garage on the property at this time. J. Slapikas asked on what side of the house is the garage proposed. Mrs. Shea stated on the left side. Donald Shea, 48 Deerfield Lane, Bethany, who is Mrs. Shea's son, confirmed they meet the 25-foot side line setback requirement, but need a 7-foot variance for the front property line. Chairman Atkins asked ii the garage would then be placed 43-feet from the front property line. Mr. Shea said that is correct. The garage would also be located further from the front line than the house. B. Donovan asked if other locations were considered. Mr. Shea stated the left side is the only location allowing reasonable access directly into the house. Also locating the garage any further to the rear would eliminate direct access and require going outside before entering the house. Chairman Atkins asked the size of the lot. Mrs. Shea responded it is 125-feet long by 150-feet deep and is non-conforming to current zoning standards. She further stated the proposed location of the garage on this property would be hi harmony with the location of other existing garages on other properties in the neighborhood. There were no comments from the public and Chairman Atkins closed the public hearing at 7:16 p.m.

New Business:
a. William Sima III, 44 Sherwood Drive. Application for relief of the "Minimum Buildable Area' requirement as defined in the Zoning Regulations. Ron Hurlburt, of Juliano Associates, Wallingford, CT represented the applicant. Mr. Hurlburt stated William Sima is seeking to build his house on this lot. He went to the Inland Wetlands Commission to obtain that commission's consent to dig test pits neai wetlands to determine the feasibility of installing a septic system on the property. That commission advised Mr. Sima to first seek a variance for relief of the "Minimum Buildable Area" zoning definition that contains the requirement of no wetlands within an 18,000 square-foot area common with the proposed house. Chairman Atkins asked the size of the lot. Mr. Hurlburt stated just under one acre, but i1 is heavily encumbered with wetlands. Mr. Hurlburt stated other than those stipulations described in the "Minimum Buildable Area" they plan to comply with all other zoning requirements for a single family house. The board discussed the extent of the variance requested and agreed the application is for full relief of the "Minimum Buildable Area". Motion by G. Havican, seconded by C. Graveline to accepl Application 07-2007 of William Sima for a variance relieving the "Minimum Buildable Area' requirement. Unanimous. A public hearing was scheduled for Tuesday, September 25, 2007 at 7:10 p.m.

b. Amber & Richard Brown, 35 Salem Road. Application for a 17-foot side line variance to allow c proposed 25-foot fee simple access way to be 8-feetfrom an existing structure. David Carson, of O.C.C Design, Cheshire, CT represented the applicants. Mr. Carson stated his applicants are seeking to create a legal 25-foot wide access way along the left side of the property to a proposed future rear property division. The existing structure in the front of the property is 33-feet to the existing left side line and would be only 8-feet from the proposed 25-foot wide fee simple access way. The 17-foot variance is tc allow the structure to be 8-feet from the proposed access way. Motion by G. Havican, seconded by C. Graveline to accept Application 08-2007 as presented. Unanimous. A public hearing was scheduled foi Tuesday, September 25, 2007 at 7:20 p.m.

c. Ray Matson, 9 Radio Tower Road. Application for a 15-foot side line variance for an attached garage. Mr. Matson stated his garage on the right side of his property is 10-feet from the property line. He is seeking to expand the garage 4-feet forward and also attach it to his house. The expansion would nol extend any closer to the right side line than the existing garage. J. Slapikas asked if there will be any additional living space in the expansion. Mr. Matson stated there will not be any added living space. He would utilize the additional space for storage and/or his workshop. C. Graveline asked for clarification on the hardship for this variance. Chairman Atkins stated the hardship would include the existing non- conforming location of the garage, which is 10-feet from the right side line. Mr. Matson also stated with his kitchen and bedroom being on the left side of the house, placing his garage on the left side of the house would not be feasible. Motion by J. Slapikas, seconded by G. Havican to accept Application 09- 2007 of Ray Matson for a 15-foot right sideline variance for a garage addition. Unanimous. A public hearing was scheduled for Tuesday, September 25,2007 at 7:30 p.m.

Old Business: None

Action on applications:
a. Application 06-2007: Dorothy Shea, 2 Maple Drive for a 7-foot front property line variance for ari attached garage. J. Slapikas stated the applicant is attempted to utilize the breezeway to access the house from the proposed garage. He also noted that putting the garage on the other side of the house would require two variances. G. Havican agreed with Jeffs comments. Chairman Atkins also agreed with Jeffs comments adding that the non-conformity of the lot itself and the fact that there is no garage at this time are practical hardships for consideration. Motion by C. Graveline, seconded by J. Slapikas to approve Application 06-2007 of Dorothy Shea for a 7-foot front property line variance. Unanimous.

Public Participation: None

Adjournment: Motion by G. Havican, seconded by C. Graveline to adjourn at 7:55 p.m. Unanimous.

Martin Atkins, Chairman