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 began the meeting by asking for acknowledgment of Bill Donovan as the secretary of the meeting in order to allow the board to proceed with the election of a Chairman and Vice-Chairman. Motion by J. Slapikas, seconded by M. Byrne to acknowledge Bill Donovan as Secretary of the Board. Unanimous. Chairman Atkins called for nominations of Chairman and Vice-Chairman of the Zoning Board of Appeals. Motion by J. Slapikas, seconded by M. Byrne to nominate Martin Atkins as Chairman. There were no other nominees and Chairman Atkins called for a vote. In favor: Unanimous. Chairman Atkins then called for nominations for Vice-Chairman. Motion by G. Havican, seconded by M. Byrne to nominate Jeffrey Slapikas as Vice-Chairman of the Board. In favor: Unanimous.

Chairman Atkins seated G. Havican for the vacant seat. Chairman Atkins also welcomed Greg Harkins to the board.

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 October 23, 2007 meeting as amended. Four votes in favor with one abstention. Motion to approve carries.

New Business:
a. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road. Application for a 12-foot side yard setback variance for a detached garage. Attorney Patrick Zailckas represented the applicants and explained the DiLoretos are currently before Planning & Zoning to resolve certain site plan discrepancies associated with the Special Permit approval for this property. In the process of working with the Planning & Zoning Commission, the DiLoretos had a new property survey done of the property boundaries and structures located on the property. The new survey, performed by an engineering firm different from the original surveying firm, shows the existing detached garage to be only 13.7-feet from the northern side property line and therefore does not meet the minimum 25-foot side yard setback requirement. Although the building in question was built in 2002 and technically is now considered a "legal non-conforming structure", the applicants wish to satisfy the zoning requirement with the proper variance. Motion by M. Byrne, seconded by J. Slapikas to accept Application 15-2007 as presented. Unanimous. A public hearing was scheduled for Tuesday, November 18, 2007 at 7:10 p.m.

b. Gary Cherhoniak, 24 Merriman Lane. Application for a 480-square foot variance of Section 5.2.2.1 that limits the size of a detached garage to 800 square feet to construct a 1,280 square foot detachea garage. Mr. Cherhoniak stated he would like to build a 1,280 square foot detached garage to store his boat and other equipment. The property is approximately 1 % acre in size. Chairman Atkins asked if there is an existing garage on the property. Mr. Cherhoniak stated there is a two-car attached garage. M. Byrne stated that there will need to be a more detailed drawing of the structure's location on the property made available for the board's review. Mr. Cherhoniak stated his house is 1,800 square feet. Chairman Atkins asked what the height of the proposed structure is. Mr. Cherhoniak stated 21 feet. Motion by J. Slapikas. seconded by G. Harkins to accept Application 16-2007 of Gary Cherhoniak as presented. Unanimous. A public hearing was scheduled for Tuesday, December 18, 2007 at 7:20 p.m.

Public Hearings:
a. 7:20 p.m. Application 12-2007 of Jai Agasima, 50 Waterbury Road for a 590-foot variance of the 1,000-foot separating distance requirement for a package store to be from a playground's entrance (Hotchkiss Field). Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on November 16 & 23, 2007. Chairman Atkins stated this is a retail package store currently located at 47 Waterbury Road that is being re-located further away from Hotchkiss Field to 48 Waterbury Road in a new commercial complex. Mr. Arvind Patel of J &J Liquors presented receipts of all required mailings. Also present were Mark Guastaferri of Paulmar Associates and Dominick Mirabelle. Chairman Atkins asked if the owner has received approval from the State Liquor Commission. Mr. Patel stated he has not heard from the commission at this time. Mr. Guasteferri stated the new located at 48-50 Waterbury Road will still be within the 1,000-foot minimum required distance; however, it is farther from the field entrance than the current package store location, and therefore is less non-conforming. Mr. Mirabelle stated that another package store would not be able to move into the vacancy created by this move because the State's Liquor Commission regulates the number of package stores in a community based on that community's population. They allow one package store per every 2,500 persons, and since Prospect does not have 10,000 in population at this time, an additional (4th) package store in Prospect is not permitted. There were no further comments from the board and no comments from the public. The public hearing closed at 7:25 p.m.

b.7:25 p.m. Application 13-2007 of Dorothy Shea, 2 Maple Drive for an additional 2-foot front property line variance from her previously approved application granting a 7-foot front property line variance for an attached garage, and a 1-foot side line variance for the same structure permitting a 24-foot side line setback. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on November 16 & 23, 2007. Donald Shea, Mrs. Shea's son, represented the applicant. Mr. Shea presented receipts of required mailings. Mr. Shea stated as a condition of their approved variance (06-2007) they had an "as-built" foundation survey completed for the attached garage. The survey indicated the front of the new building will be 2-feet closer to Maple Drive than originally stated, and the building is also 24-feet to the side line rather than 25-feet as shown on the original site plan. This application is to obtain additional variances to compensate for those differences. There were no further comments from the board and no comments from the public. The public hearing was closed at 7:30 p.m.

c. 7:30 p.m. Application 14-2007 of Alfonso DeMagistris, 2 Meadow Lane for a 14-foot street property line 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 November 16 & 23, 2007. Chairman Atkins then recused himself from taking part in this application because of a business conflict of interest with Mr. DeMagistris. Jeffrey Slapikas assumed the Chairman's position. Mr. DeMagistris presented receipts of required mailings. He stated he is looking for a 14-foot street line variance on Hemlock Road for his detached garage. His property is a corner lot fronting both Meadow Lane and Hemlock Road. He stated he wrongly measured the 50-foot setback distance from the garage location to the paved street line on Hemlock Road rather than to the property line, which has resulted in the garage being 36-feet from his property line on Hemlock Road. He presented a drawing showing his house and a neighbor's garage both being located closer to Hemlock Road than his garage. J. Slapikas asked when the garage was built. Mr. DeMagistris stated he started construction this April and the Building Inspector has made several inspections to date. He did receive a letter from Bill Donovan (ZEO) concerning the building's location, but after re-measuring to the street line he believed he was in compliance with the 50-foot setback requirement. Mr. DeMagistris also received a second (registered) letter from the Zoning Enforcement Officer and afterwards did go to see Mr. Donovan. Mr. Donovan suggested he apply for a variance and present his circumstance to the Board. J. Slapikas asked for comments from the public. Darren Bedard. 24 Hemlock Road is in favor of the requested variance. Steve Case, 186 Cook Road is an abutting neighbor and is also in favor of granting the variance. James Pekas, 26 Hemlock Road favors granting the variance. There were no further comments and the public hearing was closed at 7:40 p.m. J. Slapikas returned the Chairman's position back to M. Atkins.

Old Business: None

Action on applications:
a. Application 12-2007: Jai Agasima, 50 Waterbury Road for a 590-foot variance of the 1,000-foot separating distance requirement for a package store to be from a playground's entrance (Hotchkiss Field). Motion by M. Byrne seconded by G. Havican to approve this variance. Discussion: G. Havican stated this move will reduce the existing non-conformity. J. Slapikas is in favor in part because the State liquor laws prevent another liquor store from moving into the vacant store following J & J Liquor's relocation. G. Harkins and M. Byrne are also in favor saying the new move places the liquor store quite a bit further from Hotchkiss Field. Chairman Atkins agrees with the board's comments and also likes the new location for parking and safety reasons. In favor: Unanimous.

b. Application 13-2007: Dorothy Shea, 2 Maple Drive for an additional 2-foot front property line variance and a 1-foot side line variance for an attached garage. Motion by J. Slapikas, seconded by M. Byrne to approve Application 13-2007 as presented: Discussion: J. Slapikas stated the original building is still closer to the street than this addition and the addition does not impact the property or neighborhood. He was pleased the applicant obtained the requested "As-Built" foundation survey and applied for the additional variances as he needed to do. M. Byrne is in favor of the variances adding this is a non- conforming lot within a non-conforming neighborhood and the new addition is in harmony with the neighborhood. M. Atkins favors the variances noting the actual location of the addition was only a short distance off from the original drawings. G. Havican favors granting the variances. In favor: Unanimous.

c. Application 14-2007: Alfonso DeMagistris, 2 Meadow Lane for a 14-foot street property line variance for a detached garage. Chairman Atkins recused himself from discussion or vote on this application. Motion by J. Slapikas, seconded by M. Byrne to approve Application 14-2007 as presented. Discussion: J. Slapikas stated the existing house is closer to Hemlock Road than the garage. Also the neighbors seem to support the granting of this variance. He was disappointed Mr. DeMagistris disregarded the Zoning Enforcement Officer's initial letter informing him of this property line setback problem. M. Byrne is in favor of the variance saying the house is closer to the road than the garage. G. Havican stated the garage does not make the property any more non-conforming than it now is. G. Harkins stated with the support from the neighbors and the fact that a neighboring property has a garage even closer to Hemlock Road than Mr. DeMagistris's garage, he is in favor of the variance. In favor: Unanimous.

Public Participation: None

Adjournment: Motion by M. Byrne, seconded by G. Havican to adjourn at 8:15 p.m. Unanimous.

Martin Atkins, Chairman