Chairman Martin Atkins called the meeting to order at 7:02 p.m.

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

Note: Meeting was held in the Town Hall upstairs meeting room. All board members, applicants and interested parties were made aware of the changed location. The meeting was not taped due to a technical problem with the tape recorder.

Correspondence: William Donovan, Land Use Inspector: Letter to both Zoning Board of Appeals and the Inland Wetlands Commission regarding William Sima's ZBA Application (07-2007) for a variance to alleviate the defined "Minimum Buildable Area" no wetlands constraint.

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

Approval of Minutes: Motion by J. Slapikas, seconded by M. Byrne to approve the minutes of the September 25, 2007 meeting. Four votes in favor with one abstention. Motion to approve carries.

New Business:
a. Jai Agasima, 50 Waterbwy Road. Application 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). Mr. Agasima stated he currently has his package store (J & J Liquors) located at 47 Waterbury Road which property abuts Hotchkiss Field. He is relocating his business across the street to a new commercial building located at 50 Waterbury Road. His new location will be further from Hotchkiss Field than his present location, but it is still less than the 1,000-foot minimum separation from a playground as required hi the regulations, Section 4.12.2. Motion by J. Slapikas, seconded by M. Byrne to accept Application 12- 2007 of Jai Agasima for a 590-foot variance of the 1,000-foot minimum distance requirement under Section 4.12.2 to allow his package store to be located 410-feet from Hotchkiss field. Unanimous. A public hearing was scheduled for Tuesday, November 27, 2007 at 7:10 p.m.

b. Dorothy Shea, 2 Maple Drive. Application 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. Mrs. Shea stated that as a condition of her approved variance (06-2007) she had an "as-built" foundation survey completed for her attached garage. The survey indicated the front of the new building will be 2-feet closer to Maple Drive than she originally stated, and the building is also 24-feet to the side line. Chairman Atkins asked if there were any changes made to the building's size or location subsequent to the approved variance. Mrs. Shea stated there are no changes, only that the survey shows the building will be closer to both the front and side line than she previously indicated. Motion by J. Slapikas, seconded by G. Havican to accept Application 13-2007 of Dorothy Shea for an additional 2-foot front property line variance and a 1-foot side line variance for an attached garage. Unanimous. Motion by M. Byrne, seconded by C. Graveline to waive the fees on this application. Unanimous. A public hearing was scheduled for Tuesday, November 27, 2007 at 7:20 p.m.

c. Alfonso DeMagistris, 2 Meadow Lane. Application for a 14-foot street property line variance for a detached garage. Mr. DeMagistris stated he is currently constructing a detached garage and was made aware that the structure is within the 50-foot setback requirement to Hemlock Road. His is a corner Io1 that abuts both Meadow Lane and Hemlock Road. He admitted he wrongly measured for the 50-fool setback to the edge of the paved curb on Hemlock Road rather than from his property line which is located closer to the garage than the paved roadway. The garage is located 50 feet from the curb line and he is asking for a 14-foot variance to allow the garage to remain at 36-feet from his property line on Hemlock Road. Motion by M. Byrne, seconded by C. Graveline to accept Application 14-2007 of Alfonso DeMagistris for a 14-foot street property line variance. Unanimous. A public hearing was scheduled for Tuesday, November 27, 2007 at 7:30 p.m.

Public Hearings:
a. 7:20 p.m. Application 10-2007 of Baki Belica, 105 Waterbnry Road for a 22-foot side line variance to place a kitchen addition 3-feet from the right side line. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on October 12 & 19, 2007. Chairman Atkins also read a letter from Keith Griffin, Prospect Fire Marshall, stating he sees no difficulty with the addition. The Chairman further stated the changed location for this public hearing has been properly noticed. Mr. Belica presented receipts of all required certified mailings. He stated he is seeking to expand the kitchen for his restaurant, Baki's Pizzeria. The existing building in which his restaurant is located is non-conforming and is 11-feet from the side line. The proposed 16' x 8' kitchen addition would be 3-feet from the side line. It would be opposite from the abutting Ben-Art Manufacturing building that is also approximately 3-feet from the same property line. C. Graveline confirmed Mr. Belica had received a similar previous variance for a cooler for this restaurant. Mr. Belica acknowledged that variance and stated this addition would be no closer to the side line than his cooler. J. Slapikas stated the drawing Mr. Belica has included with his application places the roof overhang of the addition closer than 3-feet to the property line. Mr. Belica stated he would reduce the size of the building to ensure no part of the addition is closer than the 3-foot distance requested. There were no further comments from the board and no comments from the public. The hearing closed at 7:30 p.m. b 7:30 p.m. Application 11-2007 of Karin Paparazzo, 18 Wagon Wheel Drive for a 25-foot variance of the minimum 150-foot frontage requirement for a one-acre residential lot to allow a 25-foot fee simple driveway access for a future proposed rear lot. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on October 12 & 19, 2007. He also stated the changed location for this hearing has been property noticed. Mrs. Paparazzo presented receipts of all required certified mailings. She stated she is seeking to subdivide her 3-acre parcel to create a rear lot. The existing lot has only the minimum required 150-foot frontage and she is asking for a 25-foot variance to allow the front lot to be reduced to 125-feet and to provide a future rear lot with the required 25-foot fee simple driveway access. She presented a drawn map of the proposed resubdivision entitled "18 Wagon Wheel Drive, Prospect, CT" showing how the two parcels would be created. Mrs. Paparazzo also presented a Prospect Assessor's map that highlighted several other lots in this general area that had less than the minimum 150-foot frontage, and a copy of the "Hidden Acres" subdivision map approved in 1974 that includes 18 Wagon Wheel Drive. Mrs. Paparazzo and the board reviewed hers and the other lots within this subdivision and it was the consensus that all lots at the time of approval meet the 150-foot minimum frontage. Chairman Atkins asked for comments from the public. JoAnn Maske, 219 Scott Road, Terryville, CT is Mrs. Paparazzo's daughter and feels she should have the right to gain an additional building lot for a house for family members. Richard Guerrera, 19 Terry Road asked if the proposed house would also need to meet all current building set-back requirements. Chairman Atkins responded it would. Chairman Atkins also confirmed that at the time Mrs. Paparazzo's lot was approved, the minimum frontage requirement was 150-feet. There were no further questions and the public hearing closed at 7:48 p.m.

Old Business: None

Action on applications:
a. Application 10-2007: Baki Belica, 105 Waterbnry Road for a 22-foot side line variance to place a kitchen addition 3-feet from the right side line. Motion by C. Graveline, seconded by G. Havican to approve Application 10-2007 as presented. Discussion: J. Slapikas stated his only concern is with the rooi overhang extending closer than 3-feet to the property line and that Mr. Belica will need to reduce the length of the upper structure to keep the entire addition at no more than 3-feet to the property line. He alsc mentioned the abutting Ben Art Manufacturing building being as close now to the same property line as the proposed addition, and the letter from the Fire Marshall saying he sees no problem with the addition. M. Byrne stated the entire complex is non-conforming and noted the new addition will be lower than the existing building. C. Graveline stated he is also agreeable with granting the variance, but has concerns other businesses may also ask for similar variances in the future. Chairman Atkins stated he is in favor ol the variance and called for a vote. In favor: Unanimous.

b. Application 11-2007: Karin Paparazzo, 18 Wagon Wheel Drive for a 25-foot variance of the minimum 150-foot frontage requirement for a one-acre residential lot to allow a 25-foot fee simple driveway access for a future proposed rear lot. Motion by C. Graveline, seconded by M. Byrne to approve Application 11-2007 as presented. Discussion: J. Slapikas stated allowing this variance would create a non-conforming lot within a conforming subdivision. G. Havican asked for clarification of the hardship involved. M. Byrne questioned whether all the lots in the subdivision are conforming. Chairman Atkins questioned if the board should vary a basic subdivision requirement on lot width. General discussion on the above questions. B. Donovan stated the board should consider unique physical characteristics of a lot compared to other surrounding lots to see if there are valid restrictions for development that could warrant a variance. Chairman Atkins called for a vote. In favor: none. Chairman Atkins then called for a vote to deny this application. Motion by J. Slapikas, seconded by C. Graveline to deny Application 11-2007. In favor: Unanimous. Reasons: There was no recognized hardship.

Public Participation:
Carl Graveline announced this would likely be his last meeting as a board member as he expects to be elected to the Town Council in the up-coming elections. The board thanked Carl foi his very adept and dedicated service.

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

Martin Atkins, Chairman