December 18, 2007
Chairman Martin Atkins called the meeting to order at 7:02 p.m.
Other Members Present: Marianne Byrne, Jeffrey Slapikas, Gregory Harkins, George Havican (alt)
Members Absent, Lori DaSilva (alt)
Also Present: William Donovan, Clerk/Land Use Inspector
Chairman Atkins seated G. Havican for the vacant seat.
Correspondence: None.
Clerical Bill: Motion by M. Byrne, seconded by J. Slapikas to pay the clerical bill. Unanimous.
Approval of Minutes: Motion by J. Slapikas, seconded by M. Byrne to approve the minutes of the November 27, 2007 meeting as amended. Unanimous.
New Business:
a. 2008 Meeting Schedule. Bill Donovan presented a proposed ZBA meeting date schedule for the year 2008. All meetings are scheduled for the 4 Tuesday of each month with the exception of the last meeting in December which is scheduled for the third Tuesday, December 16th Motion by J. Slapikas, seconded by M. Byrne to approve the 2008 ZBA meeting date schedule as presented. Unanimous.
Public Hearings:
a. 7:10 p.m. Application 15-2007: Domenic & Franca DiLoreto, 1 Old Schoolhouse Road for a 12-foot side yard setback variance for a detached garage. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on December 1 & 14, 2007. Attorney Patrick Zailckas represented the applicants. He introduced Scott Meyers, a licensed engineer and land surveyor from Meyers Associates PC, 60 Linden Street, Waterbury who performed the site and survey work resulting in the discovery that the warehouse/garage is inconsistent with the zoning regulations. Mr. Zailckas stated the error occurred in 2002 when the building was constructed. Mr. Zailckas also mentioned that John Painter, the person who constructed the building, is in the audience and can further comment on the history of the building's location if necessary. Mr. Zailckas stated their hardship is the building is located 13.7 feet from the northern side line and does not satisfy the 25-foot minimum requirement. He is asking for a 12-foot variance to make the building legal. Attorney Zailckas noted the building has been in place since 2002 and having to demolish the building at this time would be an extreme hardship. He stated the building's location was not an intentional error on the part of his applicants. Attorney Zailckas presented signature cards and receipts of all required certified mailings to the clerk. Attorney Zailckas referred to Mr. Meyers's site plan for the Prospect Towing and Service Center. The house located at 3 Old Schoolhouse Road was drawn in to show the location of the warehouse/garage has no additional impact to this house as a consequence of the warehouse's location noting the other building located on 1 Old Schoolhouse Road is much closer to this same house. Chairman Atkins asked what precipitated uncovering this error. Attorney Zailckas stated the DiLoretos are presently before the Planning & Zoning Commission concerning other site plan issues and because of frustrations with the former engineering firm they had utilized, they contracted with Mr. Scott Meyers to produce an accurate and detailed site plan of this and the adjoining property at 20 Union City Road. The clerk made available copies of Mr. Meyer's site plan placing the warehouse 13.7 feet from the side line and the former plot plan prepared by William Orsine and Associates showing the warehouse located at 25.1 feet to the side line. Scott Meyers, 60 Linden Street, Waterbury, CT reviewed with the board the investigation and surveying work he performed to acquire the results of his current site plan. His results showed errors hi the original plot plan that, in his opinion, resulted in the warehouse being placed toe close to the property boundary in violation of the regulations. He stated he could not locate an "as-built" plot plan prepared by the former surveyor showing the actual location of the building. Mr. Meyers furthe rnoted that a stone wall built by the abutting commercial property owner at 22 Union City Road and believed to be on that person's property is actually located at 1 Old Schoolhouse Road. Mr. Meyers stated he firmly believes his research, surveying and prepared site plan of these properties is correct. Chairman Atkins asked if State Highway markers were utilized in this survey. Mr. Meyers stated he located and utilized 3 found markers. He also utilized found survey pins from a recent subdivision north of 1 Old Schoolhouse Road. Mr. Meyers states he never saw a signed survey of this property prepared by Willliam Orsine and Associates, who were the prior surveyors hired by Mr. Diloreto, John Painter, 105 Salem