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

Other Members Present: Carl Graveline, Marianne Byrne, and Jeffrey Slapikas (7:13 p.m.)
Members Absent: Lori DaSilva (alt) George Havican (alt)
Also Present: William Donovan, Clerk/Land Use Inspector

Correspondence: Cindy Gaudino, CT Water Company: Letter to remind board of legal requirement to provide written notification to a water company by an applicant for any variance application located within a public water supply watershed or aquifer protection area.

Clerical Bill: Motion by M. Byrne, seconded by C. Graveline to pay the clerical bill. Unanimous. Approval of Minutes: Deferred to later in meeting (see page 3).

New Business:
a. Baki Belica, 105 Waterbury Road. Application for a 22-foot side line variance to place kitchen addition 3-feet from the left side line. Mr. Belica stated he is seeking to expand the kitchen for his restaurant. Baki's Pizzeria. The proposed kitchen addition is 16' x 8' in size. His restaurant and the other businesses located along the right side of the complex (Prospect Country Plaza) are all non-conforming to the side line setback requirement. The new addition would be 3-feet from the common side line with the abutting Ben-Art Manufacturing building. That building is also approximately 3-feet from the property line. There will be no exits from the addition. The addition would be lower than the existing restaurant. Mr. Baki had received a prior variance to place his cooler in the back of the restaurant. Chairman Atkins read a letter from Keith Griffin, Prospect Fire Marshall, stating he sees no problems with the addition as presented. Motion by C. Graveline, seconded by M. Byrne to accept Application 10-2007 of Baki Belica for a 22- foot side line variance for a kitchen addition. Unanimous. A public hearing was scheduled for Tuesday. October 23, 2007 at 7:10 p.m.

b. Karin Paparazzo, 18 Wagon Wheel Drive. Application for a 25-foot variance of the minimum I50-foo1 frontage requirement for a one-acre residential lot to allow a 25-foot fee simple driveway access for a future proposed rear lot. Mrs. Paparazzo is seeking to subdivide her 3-acre parcel. The 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. Neither lot on each side of her property has additional frontage that could be transferred over to 18 Wagon Wheel to help satisfy the total 175-feet of frontage required. Mrs. Paparazzo presented copies oi the assessor's map showing other lots in the general area that have less than 150-foot frontage. M. Byrne asked for a drawing showing how this lot would be sub-divided. Motion by J. Slapikas, seconded by M. Byrne to accept Application 11-2007 of Karin Paparazzo for a 25-foot variance of the minimum 150-fool frontage requirement. Uanimous. A public hearing was scheduled for October 23, 2007 at 7:20 p.m.

Public Hearings:
a. 7:20 p.m. Application 07-2007 of William Sima III, 44 Sherwood Drive for relief of the "Minimum Buildable Area " requirement as defined in the Zoning Regulations. Chairman Atkins read into the record the "Notice of Public Hearings" as it appeared in the Republican American on September 14 & 21, 2007. Ron Hurlburt, of Juliano Associates, Wallingford, CT represented the applicant. Mr. Hurlburt presented copies of returned receipts of the required certified mailings. Mr. Hurlburt stated William Sima is seeking a waver of the 18.000 square-foot buildable area requirement to construct a small residential house. He stated this regulation came into effect just 3 years ago. Mr. Sima's properly was created as Lot 84 b> subdivision in 1957, which occurred prior to zoning being enacted in Prospect in 1962. The lot is encumbered bv wetlands and when Mr. Sima accroached the Inland Wetlands Commission, that commission requested he first appear before the ZBA to ensure there are no zoning conflicts with the "Minimum Buildable Area" requirement of no wetlands permitted in the defined buildable area. Chairman Atkins asked if the buildable area could be located elsewhere on the property. Mr. Hurlbutl stated the lot is so encumbered with wetlands it is impossible to place the Minimum Buildable Area anywhere on the property without including wetlands. He stated if the board grants this variance Mr. Sima must still receive approval for his proposed house and septic from the Inland Wetlands Commission and Chesprocott Health Department. He stated the hardship is zoning in that the zoning definition and requirement of the "Minimum Buildable Area" came into effect long after the lot was approved by the Planning Commission making it impossible to now construct a house on the property in compliance with this zoning prerequisite. M. Byrne asked how long Mr. Sima has owned the property. Mr. Hurlburt stated the Sima family has owned the piece for approximately 25 years. Mr. Hurlburt identified a property and topographic survey map and site development plan of the property that are both included with the application. The lot is approximately one acre in size. Chairman Atkins asked if other lots in this subdivision that are developed would have had similar issues with the Minimum Buildable Area. Mr. Hurlburt stated both lots on either side of 44 Sherwood Drive would also not be capable of satisfying the Minimum Buildable Area because of the wetlands located on these lots as well. Mr. Sima stated his father previously attempted to create an underground curtain drain to direct water flowing into this property from under Sherwood Drive towards an existing water course on the property. There were no further comments and no comments from the public. Chairman Atkins closed the public hearing at 7:35 p.m.

b. 7:36 p.m. Application 08-2007 of Amber & Richard Brown, 35 Salem Road for a 17-foot side line variance to allow a proposed 25-foot fee simple access way to be 8-feet from an existing structure. Chairman Atkins read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on September 14 & 21, 2007. 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. Mr. Carson submitted receipts of the required certified mailings. He provided a map dated August 22, 2007of 35 Salem Road showing the Brown's existing house, the proposed 25-foot fee simple access way to 37 Salem Road and proposed sideline variance. The variance would allow a proposed 25-foot fee simple access strip to a proposed rear lot and future home for the Brown's daughter. There presently is an existing 20-foot access easement to the rear property over Mr. Brown's property; however, subdivision regulations require a 25-foot fee simple, or common ownership, strip of land serving a rear lot. Mr. Carson stated in 1989 an 8-foot side line variance was granted reflecting the distance from a garage addition on Mr. Brown's house to the 20-foot access way. However, what should have been granted is a 17-foot side line variance which is the distance from the garage to the side line. The existing building will now be 8-feet from the right side line of the proposed 25-foot fee simple access way, and a 17-fool variance is needed to satisfy the 25-foot set back requirement. Chairman Atkins asked if there is any other way to access the rear portion of this property. Mr. Carson stated there is none. The pond on the property, the Ashe home and location of the Brown's house restrict access only to the proposed fee simple driveway. The proposed rear lot would be approximately 3-acres. There were no further comments from the board and no comments from the public. The public hearing closed at 7:48 p.m.

c. 7:50 p.m. Application 09-2007 of Ray Matson, 7- 9 Radio Tower Road for a 15-foot side 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 September 14 & 21, 2007. It was noted that the original notice lists the property address as 9 Radio Tower Road. Bill Donovan stated there are two houses on the property and he has since confirmed with the Town's assessor that the Town's records for this structure show it at 7 Radio Tower Road. The other structure on this property is listed as 9 Radic Tower Road. Mr. Matson stated he purchased the property as one parcel. Mr. Matson stated he is seeking to re-build his existing detached garage and also attach that structure to his house. He is not extending the re-built structure any closer to the side line than the existing structure. M. Byrne asked if the addition connecting the garage and house will be conforming. Mr. Matson stated the addition will conform to the design of the existing house. Mr. Matson stated that given the deteriorated condition of both the existing garage and foundation, he would prefer to take the structure completely down and re-pour a new concrete foundation. The garage would be a one-story structure. The property is just over one acre with 150-feet ol frontage. Mr. Matson submitted receipts of the certified mailings to surrounding property owners. Mr. Matson stated the location of the septic and design of the house direct the garage to remain where it is. He will extend the new garage an additional 4-feet towards the front property line but remain 10-feet from the side property line. Chairman Atkins confirmed that no portion of the new structure will encroach closer to the side line than the existing structure. There were no further comments from the board and nc comments from the public. The public hearing closed at 8:01 p.m.

Appoval of Minutes:
Motion by J. Slapikas, seconded by C. Graveline to approve the minutes of the August 28. 2007 meeting as presented. Three votes in favor with one abstention. Motion to approve carries.

Old Business: None

Action on applications:
a. Application 07-2007 of William Sima III, 44 Sherwood Drive for relief of the "Minimum Buildable Area" requirement as defined in the Zoning Regulations. Motion by J. Slapikas, seconded by C. Graveline to approve Application 07-2007 as presented. Discussion: G. Graveline questioned the degree of wetlands on the property and whether the Inland Wetlands Commission will approve a house and septic. J. Slapikas stated his concern of establishing a precedent with other like parcels in this neighborhood. The board agreed this parcel is an approved subdivision lot. Chairman Atkins asked B. Donovan to explain the purpose of Planning & Zoning creating the 18,000 square foot minimum buildable area. B. Donovan stated the intent is to prevent lots from being approved that require extensive filling or excavation for the house placement and unnecessary wetlands impacts overall. Satisfying the minimum buildable area is a requirement on all proposed lots within a new subdivision application. If a particular lot cannot satisfy the minimum buildable area then that lot is normally incorporated into abutting lots. He stated the issue with 44 Sherwood Drive is that no matter what configuration the applicant works with the Minimum Buildable Area he cannot meet the zoning requirements. Chairman Atkins asked if this lot would have met the previous 135-foot buildable square requirement. B. Donovan stated the lot would not have met that requirement either because it is only 125-feet wide. J. Slapikas stated the lot was approved before zoning was first enacted in Prospect. Chairman Atkins confirmed an approval will completely relieve the Minimum Buildable Area requirement. The Chairman called for the vote. In favor: 3. Opposed 1. Chairman Atkins stated because a minimum of 4 votes in favor is needed to approve an application, this variance is not granted. Chairman Atkins stated he voted in favor because this lot was in existence prior to the affecting zoning regulations. J. Slapikas agreed with the Chairman that this lot existed prior to zoning and that the regulations impose a reasonable hardship. M. Byrne stated she did not vote for the variance because the regulations are in place to protect the wetlands and prevent building in steep grades.

b. Application 08-2007 of Amber & Richard Brown, 35 Salem Road for a 17-foot side line variance to allow a proposed 25-foot fee simple access way to be 8-feet from an existing structure. Motion by M. Byrne, seconded by J. Slapikas to approve Application 08-2007 as presented. Discussion: J. Slapikas stated after the 25-foot access way is established the front lot will still have over 150-feet of frontage and 60,000 square feet of area. He also stated several years ago a similar variance was granted for the access way, but there must have been some confusion on what was intended for approval compared with whal was recorded on the land records. C. Graveline questioned if there are actually two variances being requested. It was determined there is no variance required for the fee simple access way—only for the distance from the house to the proposed access way. Chairman Atkins agreed, stating the access way will not cause any non-conformities and allow for the reasonable development of the rear property. M. Byrne added the new rear lot will not impact the abutting properties. C. Graveline concurred with the board's position. Chairman Atkins called for a vote. In favor: Unanimous. The requested variance was granted.

c. Application 09-2007 of Ray Matson, 7- 9 Radio Tower Road for a 15-foot side line variance for an attached garage. Motion by C. Graveline, seconded by J. Slapikas to approve Application 09-2007 as presented. Discussion: Chairman Atkins noted the proposed structure will not encroach any closer to the side line than the present structure. J. Slapikas stated he is in favor of granting the variance, but if the present structure is to be completely removed he would like the present structure's location mapped on an A-2 survey and have the new structure placed exactly where the existing structure is now. The added 4-foot garage extension must not be closer to the side line than the original structure. C. Graveline agreed with J. Slapikas. Chairman Atkins called for a vote. In favor: Unanimous. The variance is granted with the condition that the existing garage location be placed on an A-2 survey of the property, that the new garage be placed within the exact location of the existing garage and that the 4-foot added length of the new garage not be closer to the side line than the original structure.

Public Participation: None.

B. Donovan mentioned the need for all members to please make every attempt to attend the meetings to avoid the need for a unanimous vote to approve an application.

Adjournment: Motion by M. Byrne, seconded by C. Graveline to adjourn at 8:55 p.m. Unanimous.

Martin Atkins, Chairman