Chairman Martin Atkins called the meeting to order at 7:03 p.m.

Other Members Present: Jeffrey Slapikas, Marianne Byrne, Kurt Graveline, George Havican (Alt)
Members Absent: Gregory Harkins, Lori DaSilva (Alt)

Chairman Atkins seated George Havican for Gregory Harkins. Chairman Atkins noted that Greg Harkins has moved from Prospect.

Correspondence: Chairman Atkins reported that the Planning & Zoning Commission has filed an appeal of the variances granted to Eileen Schieffer, 133 Cook Road at the October 28, 2008 meeting.

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

Approval of Minutes: Motion by J. Slapikas, seconded by M. Byrne to approve the minutes of the October 28, 2008 meeting as presented. Unanimous.

New Business:
a. Establish meeting dates agenda for calendar year 2009. The Board reviewed a proposed list of meeting dates as presented by Bill Donovan. J. Slapikas asked that the December date be changed from December 22nd to December 15th. There were no further comments and a Motion to approve the 2009 agenda as amended was Unanimous.

b. Lucy Liebert &Rosemary Donnelly, 2 Saunders Lane. Application for a 12-foot right side setback variance to place detached garage 13-feet from the right side line. Rosemary Donnelly stated they are seeking the variance to construct a garage where they can protect their cars during winter storms. They do not have a garage at this time. Chairman Atkins asked why the garage needs to be placed at this location. Ms. Donnelly stated this is the most level area of the yard. The yard slopes downward beyond this point. Also, this location would allow her to drive straight into the garage without having to first back up to align the car with the garage. Motion by J. Slapikas, seconded by K. Graveline to accept Application 14-2008 of Ms. Liebert and Ms. Donnelly as presented. Unanimous. A public hearing was scheduled for Tuesday, December 16, 2008 at 7:10 p.m.

Public Hearings:
a. 7:10 p.m. Application 11-2008: Antonio Mendes, 55 Straitsville Road for two variances under Section 5.2.2.1--first for a 115 square foot variance of the maximum 800 square feet allowed for a detached garage to add a 195 square foot car port onto his existing 720 square foot garage, and a second variance to allow the detached garage and car port to exceed 50% of the living area of the principal residence by 40 square feet. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on November 14 & 21, 2008. Mr. Mendez stated he is looking to build a car port, which will not be enclosed, to provide shelter for his car. He is not encroaching into any zoning setback requirement. In his opinion, this is the only location the car port can be placed. One of the two bays in his garage is currently used for storage. Mr. Mendes presented the Certification of Mailing receipts to the clerk. Chairman Atkins confirmed that the square footage of the garage is 720 square feet. Mr. Mendes stated one of two bays in the garage is used to park his car. The other bay has been enclosed by the previous owner for storage only. He uses this same bay for storage of his equipment because of a wet basement. There were no further comments from the board and no comments from the public. The public hearing was closed at 7:25 p.m.

b. 7:25 p.m. Application 12-2008: Stephen Saxton, 13 Rek Lane for a 17-foot side yard setback variance to place a garage addition 8-foot from the right side property line. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on November 14 & 21, 2008. Mr. Saxton is looking to build a two-car garage 8-feet from his side property line. He currently has a single car garage that will be demolished because of its poor condition. The new garage will be placed partially within the same footprint as the existing garage and not be any closer to the property line. He will expand the garage towards the house by eliminating the existing breezeway. The new two-car garage will be higher than the existing garage where it is within the 25-foot setback. The lot is non-conforming in both minimum area and frontage requirements. 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 13-2008: Edward Pilat, 35 Highland Drive for a 15-foot side yard setback variance for a 12’ x 24’ storage building. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on November 14 & 21, 2008. Mr. Kilian Krings spoke on the applicant’s behalf. Mr. Krings presented Certificate of Mailings to the clerk. He stated Mr. Pilat is seeking a 15-foot side yard variance to allow a storage shed to be placed 5-feet from the left side property line. The lot is under ½ acre in size. The proposed shed is 12’ x’ 24’. Chairman Atkins asked why this location was selected. Mr. Krings stated Mr. Pilat wants to retain access to the septic tank which is located in the back yard. The land is sloped on the opposite side of the property. The shed will be placed on a stone bed. The existing garage is located under the left side of the house. Mr. Krings stated the shed would be approximately 50-feet from the nearest house. If the shed is moved closer to Mr. Pilot’s house, it would restrict access to the septic. There were no further comments from the board and no comments from the public. The public hearing closed at 7:40 p.m.

Old Business:
a. J. Slapikas stated in his opinion the board recently over-stepped its authority in granting a variance of the subdivision regulations. He related the Planning & Zoning Commission established new and revised regulations in 2004 and he remembers hearing at that time that the Zoning Board of Appeals has no legal authority to modify or vary a subdivision regulation. The variances that he is referring to pertained to a proposed re-subdivision and he believes the board will need to account as to how they approved a variance of the subdivision regulations at their October 28th meeting. He stated the board needs to ensure that future variance applications do not include a subdivision regulation because the board has no legal authority to vary a subdivision regulation. He further stated that this does not prevent anyone from applying to the board for a subdivision regulation variance if they so choose. However, the board would either not accept the application as the board has no authority to act on the proposed variances, or to deny the application if the applicant should insist on going forward with a public hearing. Chairman Atkins also concurred that the better response would be to just not accept an application that the board has no authority to act upon.

b. B. Donovan indicated that a neighbor has filed an appeal of the board’s recent variance granted to Richard LaChance, 477 Matthew Street to allow his completed house to exceed 35-feet maximum height.

Action on Public Hearings:
a. Application 11-2008: Antonio Mendes, 55 Straitsville Road for two variances under Section 5.2.2.1--first for a 115 square foot variance of the maximum 800 square feet allowed for a detached garage to add a 195 square foot car port onto his existing 720 square foot garage, and a second variance to allow the detached garage and car port to exceed 50% of the living area of the principal residence by 40 square feet. Motion by J. Slapikas, seconded by M. Byrne to approve Application 11-2008 as presented. Discussion: J. Slapikas stated he is not clear on whether the board should consider a car-port as an attached structure. The consensus was that a car port is considered a structure. B. Donovan stated the maximum size allowed for a detached garage was recently 600 square feet, but within the past 2 years, the Planning & Zoning Commission amended that regulation increasing the maximum size of a detached garage to 800 square feet. K. Graveline reiterated the car port does not encroach into a property line setback requirement. Chairman Atkins questioned the reasoning behind the size ratio of a detached garage to the house. He also stated the applicant does not have an attached garage. K. Graveline mentioned one of the two bays in the garage has been enclosed for storage. Chairman Atkins called for a vote. In favor: Unanimous. Reasons: There is no attached garage on the property. The detached garage is being used for storage because of limited storage in the basement. No setback variances were required.

b. Application 12-2008: Stephen Saxton, 13 Rek Lane for a 17-foot side yard setback variance to place a garage addition 8-feet from the right side property line. Motion by J. Slapikas, seconded by M. Byrne to approve Application 12-2008 as presented. Discussion: J. Slapikas stated the lot is non-conforming. The new garage will not extend closer to the side line than the existing structure. M. Byrne stated the new garage will be safer than the existing garage and will enhance the property. Chairman Atkins called for a vote. In favor: Unanimous. Reasons: Non-conforming lot, unsafe existing structure, no greater encroachment to the property line.

c. Application 13-2008: Edward Pilat, 35 Highland Drive for a 15-foot side yard setback variance for a 12’ x 24’ storage building. Motion by J. Slapikas, seconded by M. Byrne to approve Application 13-2008 as presented. Discussion: J. Slapikas stated the property is non-conforming; however, the structure could be placed farther from the property line and farther back on the property. There is room to make the location less non-conforming. K. Graveline questioned what the hardship is. J. Slapikas stated the decision could be postponed until board members viewed the property. The board agreed and will continue this discussion under “Old Business” at the December 16th meeting.

Public Participation: None

Adjournment: Motion by M. Byrne, seconded by J. Slapikas to adjourn at 8:08 p.m. Unanimous.

Martin Atkins, Chairman