Vice-Chairman Jeffrey Slapikas called the meeting to order at 7:02 p.m.

Other Members Present: Marianne Byrne, Kurt Graveline, Gregory Harkins

Members Absent: Martin Atkins, Lori DaSilva (alt), George Havican (alt)

Also Present: William Donovan, Clerk/Land Use Inspector

Correspondence: None

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

Approval of Minutes: Motion by K. Graveline, seconded by J. Slapikas to approve the minutes of the January 22, 2008 meeting as presented. Two votes in favor with two abstentions. Motion to approve carries.

New Business:
a. Frank Stramski, 116 Waterbury Road. Application for a 41-foot front line setback variance for a detached garage. Mr. Stramski stated there was a prior, non-conforming detached garage on the property that was in poor condition and had to be removed. The garage foundation is in place, but it is also in poor condition. He is seeking to build a new garage, over a new foundation, which would be in a different location but no closer to the property line than the prior non-conforming garage. The old garage was 9-feet from the property line; his new garage would also be 9-feet from the property line. To replace the existing garage slab and 8-foot high cinder block walls would be costly. The proposed garage location is fairly level and would not need extensive clearing or extended wall construction. The garage is 24’ x 40’, which is the same size as the original garage. Motion by M. Byrne, seconded by G. Harkins to accept Application 2-2008 of Frank Stramski as presented. Unanimous. A public hearing was scheduled for Tuesday, March 25, 2008 at 7:10 p.m.

Public Hearings:
a. 7:10 p.m. Application 1-2008 of Paul and Maria Montrose, 71 Plank Road for an 8-foot side line setback to place a proposed deck 17-feet from a side line. Chairman Slapikas read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on February 15 & 22, 2008. Mr. Montrose stated he wishes to place a 15’ x 21’ elevated deck off the right rear corner of his house. M. Byrne asked if there are one or two variances being requested. After discussion, it was determined there is only one variance, which includes the distance the deck stairs will be from the side property line. J. Slapikas confirmed the house is non-conforming in that it is 21-feet from the right side line, 17-feet from the left side line and 30-feet from the front property line. Mr. Montrose stated both the house and lot are non-conforming. The lot is 100-feet in width. Mr. Montrose stated they have lived in the house since 1994. M. Byrne confirmed this will be an open deck, with no enclosures. Mr. Montrose stated that is correct. K. Graveline also confirmed the stairs will not be higher than 3-feet, as doing so would extend the stairs beyond the requested side line variance. Mr. Montrose presented certified copies and return cards of required mailings. There were no further comments from the board and no comments from the public. The public hearing closed at 7:17 p.m.

New Business: (cont)
b. Donna Gomez, 15 Hemlock Road. Application for a 9-foot right side line setback variance for a house addition, and 19.5-foot front line and 10-foot left side line setback variance for a covered front porch. Kenneth Aubertin, also of 15 Hemlock Road stated the house is non-conforming to both side lines and front line setbacks. Their proposed 24’ x 30’ addition coming off the back of the garage will not be closer to the side line than the existing garage. They are also considering a second-story addition that does not extend beyond the existing footprint of the house. This addition is not included in the application. Additionally, Mr. Aubertin stated they want to construct a front porch with an overhang that would not be closer to the left side line than the house. J. Slapikas asked if the house is a ranch. Mr. Aubertin stated that is correct. J. Slapikas commented on the number of variances involved. B. Donovan mentioned that the board at a previous meeting agreed an addition on a non-conforming structure, which does not increase the footprint of that structure, is not increasing the degree of the non-conformity and therefore would not require a variance. Motion by M. Byrne, seconded by G. Harkins to accept Application 3-2008 of Donna Gomez as presented. Unanimous. A public hearing was scheduled for Tuesday, March 25, 2008 at 7:20 p.m.

Action on Public Hearing:
a. Application 1-2008 of Paul and Maria Montrose, 71 Plank Road for an 8-foot side line setback to place a proposed deck 17-feet from a side line. Motion by M. Byrne, seconded by G. Harkins to approve Application 1-2008 of Paul and Maria Montrose. Discussion: M. Byrne stated it is a non-conforming lot in shape and size. The proposed addition is in line with the existing structure and she is favorable to the variance. K. Graveline and G. Harkins both concur provided the construction of the deck does not exceed what was presented and discussed at the public hearing. J. Slapikas also agrees saying the steps cannot exceed beyond the allowed variance. In favor: Unanimous.

Old Business: Waterbury Superior Court Decision on “Hinckley vs. Zoning Board of Appeals”. J. Slapikas informed the board that the court reversed the board’s action supporting the Zoning Officer’s Enforcement Order to re-locate this detached shed that is located at the abutting neighbor’s property line to at least 20-feet from the property line in compliance with the regulations. The court’s decision is based on the position that although the law says when a legal non-conforming structure (the shed) is re-located it looses its’ legal non-conforming status, the Hinckleys moved their shed in a manner that reduced the extent to which the structure was nonconforming. In the court’s opinion, this satisfied one of the primary goals of zoning which is to reduce and ultimately eliminate nonconformities and thereby sustained the Hinckley’s appeal.

Public Participation: None

Adjournment: Motion by M. Byrne, seconded by G. Harkins to adjourn at 7:43 p.m. Unanimous.

Martin Atkins, Chairman