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

Other Members Present: Jeffrey Slapikas, Marianne Byrne, Kurt Graveline

Members Absent: Gregory Harkins, George Havican (Alt), Lori DaSilva (Alt)

Correspondence: Connecticut Federation of Planning and Zoning Agencies: Quarterly Newsletter.

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

Approval of Minutes: Motion by J. Slapikas, seconded by K. Graveline to approve the minutes of the June 17, 2008 meeting as amended. Unanimous.

Bill Donovan asked to speak to the Board regarding applicant mailing requirements to surrounding property owners. Section 15.1.2.3 (amended) of the Regulations states that mailings shall be by certified mail and that the applicant or agent must present an affidavit of the certified mailings to the Land Use Office. Present mailings are by Certified Mail: Return Receipt Requested. Bill related recent changes in Section 8-7(d) of the State Statutes say proof of mailing shall be evidenced by a certificate of mailing. With these, the post office certifies that they have received and will deliver letters to the individual addresses on the envelopes. There is no verification that the listed property owner personally receives the letter. In Bill’s opinion, a certificate of mailing satisfies the Regulations and is consistent with the Statutes’ provisions for mailing requirements. The Board was in agreement that a certificate of mailing satisfies the requirements for notifying surrounding property owners and a Motion by J. Slapikas, seconded by M. Byrne to accept stamped mailing certificates by the Post Office on future applications was Unanimous.

New Business:
a. Brian T. Volovski, 29 Juggernaut Road. Application for a side yard setback variance to allow a proposed attached garage to be 15.4 feet from the right side line. Mr. Volovski stated he is seeking a variance for a proposed 25’ x 24’ attached garage. The structure would be 15.4 feet from the right side line. He stated he has no garage at this time. The lot is only 100-feet in width. K. Graveline asked where the driveway is currently located. Mr. Volski stated it angles in from the right side. Motion by K. Graveline, seconded by M. Byrne to accept Application 06-2008 of Brian Volovski for a 9.6-foot side yard setback variance and set the date and time for a public hearing for Tuesday, August 26, 2008 at 7:10 p.m. Unanimous.

b. Crosspointe Exotics, 50 Waterbury Road. Application for a Certificate of Approval for Dealing in or Repairing Motor Vehicles. Robert Scrip of Crosspointe Exotics stated they are planning to operate a used-car dealership 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. There are no variances required and Mr. Scrip is applying for the Certificate of Approval as required under Section 14-54 of the General Statutes. Motion by J. Slapikas, seconded by M. Byrne to accept Application 07-2008 of Robert Scrip for a Certificate of Approval For Dealing In Or Repairing Motor Vehicles and set a date and time for the public hearing for Tuesday, August 26, 2008 at 7:20 p.m. Unanimous.

c. Elaine Schieffer, 133 Cook Road. Application for a variance of the definition of a rear lot to allow a rear lot to be located in back of another rear lot (stacking) and to allow the size of a rear lot to be less than the required two-times the minimum lot size requirement. Mrs. Schieffer explained their lot is an existing 5 ½ -acre rear lot. For a long period of time their intention has been to subdivide their property to create an additional rear lot that would be located in front of their existing home. In 1988 they applied for and received a 3.12-foot variance to satisfy the minimum 40-foot width requirement for two abutting rear-lot access ways. Since then, the regulations have changed eliminating rear lot “stacking” and increasing the minimum size for a rear lot in a residential one-acre zone to 2 acres. Board members asked Mrs. Schieffer what the proposed size is of the second rear lot to determine exactly what the variance requirement would be. Mrs. Schieffer was not able to confirm the final area of the proposed rear lot. After discussion, it was agreed that the Board could not accept Mrs. Schieffer’s application until she determines the exact size of the proposed rear lot and consequent variance required. Mrs. Schieffer withdrew her application and will re-submit at a later date.

Old Business: None

Public Participation:
Bill Donovan, Land Use Inspector stated the Planning & Zoning Commission has been reviewing several proposed changes to the Zoning & Subdivision Regulations. In their discussions, he asked for the Commission’s interpretation of “increasing the degree of a nonconformity” as described in Section 2.4.2.1 of the Regulations. The Commission’s interpretation, by example, is that any addition to a non-conforming building, even when that addition does not increase the footprint of the building, such as a second-story addition, and where that addition is nonconforming as to front, side or rear yard setback, height or size requirements, increases the degree of the nonconformity of the original structure. The addition would require a variance before construction could begin. Bill further stated the Town’s Attorney has often said it is up to the Commission to interpret their own Regulations and that the ZBA is required to accept the Commission’s interpretations in reviewing and voting on applications that come before the Board. The Board accepted Bill’s comments and a Motion by J. Slapikas, seconded by M. Byrne to follow Planning & Zoning’s interpretation of Section 2.4.2.1. Three votes in favor with one opposed. Motion carries. Chairman Atkins stated the Regulations should be made clear to everyone so there is no need for the Commission’s own interpretations.

Adjournment: Motion by M. Byrne, seconded by K. Graveline to adjourn at 8:10 p.m. Unanimous.

Martin Atkins, Chairman