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

Other Members Present: Jeffrey Slapikas (7:18 p.m.), Kurt Graveline, George Havican (Alt)

Members Absent: Marianne Byrne, Gregory Harkins, Lori DaSilva (Alt)

Chairman Atkins seated G. Havican for M. Byrne.

Correspondence: None

Clerical Bill: Motion by K. Graveline, seconded by G. Havican to pay the clerical bill. Unanimous.

Approval of Minutes: Motion by K. Graveline, seconded by G. Havican to approve the minutes of the July 22, 2008 meeting as amended. Two votes in favor with one abstention. Motion to approve carries.

New Business: None

Old Business: None

Public Hearings:
a. 7:20 p.m. Application 06-2008 of Brian T. Volovski, 29 Juggernaut Road for a 9.6-foot side yard setback variance to place an attached garage 15.4 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 August 15 & 22, 2008. Mr. Volovski stated the hardship for this variance is the narrow, width of his non-conforming lot. The vast majority of properties in the neighborhood have garages; he currently does not have a garage. Chairman Atkins asked for the size of the proposed garage. Mr. Volovski stated it is a 25’ x 24’ attached garage (600 S.F.). Mr. Volovski presented the “Certificate of Mailings” for the required adjacent properties and stated he hand-delivered the notice to the Town of Prospect, which is also an abutting property. Chairman Atkins asked if the garage could be placed on the opposite side of the house. Mr. Volovski stated he would still need a variance. Chairman Atkins asked if a variance would be needed for a one-car garage. Mr. Volovski stated it would not. Mr. Volovski further stated the proposed garage would be approximately 75-feet from the abutting residential house. G. Havican asked if the other garages in the neighborhood are two-car garages. Mr. Volovski stated the majority are two-car structures. He has lived on the property for 9 years. K. Graveline confirmed the approximate area on the property where Mr. Volovski currently parks his vehicles will be where the garage will be located. Mr. Volovski further stated the lot is approximately 100-feet wide by 700-feet deep. There were no further comments from the Board and no comments from the public. Chairman Atkins closed the public hearing at 7:25 p.m.

b. 7:26 p.m. Application 07-2008 of Crosspointe Exotics, LLC 50 Waterbury Road for a “Certificate of Approval for Dealing in or Repairing Motor Vehicles” per Section 14-54 of the Connecticut General Statutes. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on August 15 & 22, 2008. Robert Scrip and Mark Guastaferri represented Crosspoint Exotics, LLC. Mr. Guastaferri and Mr. Scrip delivered the required “Certificate of Mailings” for all adjacent property owners and presented pictures of where the business will take place at the “Crosspoint North” plaza on Waterbury Road. The vehicles would be advertised over the internet and housed in lower level garages located in the rear of the building. Vehicles will not be permanently parked outside as a typical used-car parking lot and there will be no outdoor advertising. As such, there is no impact to surrounding churches, schools or the public travel way, or to other businesses within the complex itself. There would likely be no more than 6 vehicles on the property at any one time, and these will be housed indoors in garage bays located in the rear of the building. J. Slapikas asked if there will be repairs on the vehicles. Mr. Skrip stated because of the type of vehicles being purchased he sees only minor repairs, if any, taking place. J. Slapikas confirmed there will not be oil changes, painting of vehicles, etc. Mr. Guastaferri stated vehicles will be by personal delivery or by an enclosed transport service. There will be no impact to normal traffic conditions on Route 69. Chairman Atkins reviewed with the Board the requirements of suitability to be reviewed as listed in Section 14-55. There were no further comments from the Board and no comments from the public. The public hearing was closed at 7:33 p.m.

Action on Applications:
a. Application 06-2008 of Brian T. Volovski, 29 Juggernaut Road for a 9.6-foot side yard setback variance to place an attached garage 15.4 feet from the right side line. Motion by J. Slapikas, seconded by K. Graveline to approve Application 06-2008 as presented. Discussion: J. Slapikas stated the lot is non-conforming, and putting the garage on the opposite side of the house would require a greater variance. Most other properties in the neighborhood have either a car-port, attached or detached garage. Putting the garage on the opposite side of the house requires more of a variance then is being requested and also conflicts with the location of the well. Placing the garage where shown on the application would be in the best interest of the neighbors and he is comfortable voting in favor of the variance. Other board members concurred, and a vote to approve the variance was Unanimous.

b. Application 07-2008 of Crosspointe Exotics, LLC, 50 Waterbury Road for a “Certificate of Approval for Dealing in or Repairing Motor Vehicles” per Section 14-54 of the Connecticut General Statutes. Motion by K. Graveline, seconded by J. Slapikas to approve Application 07-2008 as presented. Discussion: J. Slapikas stated he is pleased there are no plans to do vehicle maintenance such as oil changes, painting, etc. He mentioned that Section 14-54 references additional approvals needed from the Chief of Police or by the commander of the nearest state police barracks, and asked the applicants to ensure they obtain all required approvals. J. Slapikas stated the Zoning Regulations have been amended reducing the minimal distance requirement between automobile dealerships and the applicants are in compliance with that section of the regulations. He further stated his confidence that the applicants will operate this business in a highly professional manner. K. Graveline stated the low volume of high-end cars does not present any impact to the surrounding area or traffic. Chairman Atkins stated the Board has considered the location of the business in reference to churches, schools and effect on public travel and found no adverse impacts. The motion to approve was Unanimous.

Public Participation: None

Adjournment: Motion by G. Havican, seconded by K. Graveline to adjourn at 7:45 p.m. Unanimous.

Martin Atkins, Chairman