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

Other Members Present: Jeffrey Slapikas, Marianne Byrne, Kurt Graveline, Lori DaSilva (alt)

Members Absent: Gregory Harkins, George Havican (alt)

Also Present: William Donovan, Clerk/Land Use Inspector

Chairman Atkins seated L. DaSilva for G. Harkins

Correspondence: Refer to public hearings.

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

Approval of Minutes: Motion by J. Slapikas, seconded by K. Graveline to approve the minutes of the May 27, 2008 meeting as presented. Four votes in favor with one abstention. Motion to approve carries.

For general information, Bill Donovan mentioned two separate appeals filed against a recent Planning & Zoning Commission vote to approve an amended Special Permit for Prospect Service Center and Towing, 1 Old Schoolhouse Road. One appeal taken by an abutting property owner challenges the commission’s legal authority to allow for any amendments, claiming the property is currently in violation of the existing site plan and zoning regulations. The second appeal is taken by the owner of 1 Old Schoolhouse Road saying the restriction imposed on backing his commercial vehicles onto the property from Old Schoolhouse Road is without basis.

New Business: None

Public Hearings:
a. 7:10 p.m. Application 04-2008 of John C. Murphy Jr., 56 Cheshire Road for an 800 square-foot area variance and a 22-foot side yard setback variance to place a 1,600 square foot detached building 3-feet from the left 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 June 5 & 13, 2008. Mr. Murphy submitted certified receipts of required mailings to abutting property owners. He stated his desire to remove an existing 1,220 square-foot non-conforming combined detached garage and Quonset shed built in the 1950’s and replace these structures with a 1,600 square-foot detached garage. The proposed building will have a second-story loft. Mr. Murphy is also requesting a 22-foot left side yard setback variance to place the proposed building 3-feet from the side property line. A corner of he existing building is currently at the property line. The nearest corner of the new building would be 3-feet from the property line; hence the new building would be further from the property line than the existing building. The proposed structure is 40-feet long whereas the existing building is 72-feet long. Mr. Murphy stated this would further cause the new building to be less non-conforming in side yard setback requirements than the existing buildings. L. DaSilva asked why he is proposing a loft. Mr. Murphy stated this would allow the structure to be 24-feet high per the regulations. The loft would be for added storage only. Mr. Murphy stated the current building is in total disrepair and needs to be taken down. The new building would comply with all building and fire code requirements. J. Slapikas stated if approved, he would like to see the new building be visually compatible with the surrounding residential neighborhood. There were further comments from the board and no comments from the public. The public hearing was closed at 7:20 p.m.

b. 7:22 p.m. Application 05-2008 of Anthony & Shawna Dorso 30A Scott Road for a 500-square foot area variance to construct a 1,600 square-foot attached garage to a proposed house. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on June 5 & 13, 2008. Chairman Atkins then recused himself from engaging in the public hearing due to a business conflict of interest with the applicant. Vice-chairman J. Slapikas assumed the Chairman’s position. Mr. Dorso presented receipts of required certified mailings. He stated the regulations allow him to build a 1,100 square-foot attached garage, however he would like to increase that size to 1,600 square feet. Their proposed house is 3,000 square feet in size. K. Graveline asked for a hardship. Mr. Dorso stated the attached garage would help buffer their home from the neighbor’s abutting farm animals and associated odors. M. Byrne asked why the structure needs to be this large. Mr. Dorso stated he has several cars and pieces of equipment that he would like to keep protected indoors. Mr. Dorso also stated he would be able to build a detached garage that complies with the regulations, but prefers for aesthetic reasons to have one common structure. Further, a detached garage would need to be located closer to the wetlands on the property. M. Byrne asked Mr. Dorso how long he has owned the property. He stated 5 years. J. Slapikas read received correspondence into the record from Margot Foster, 36 Scott Road, William and Bonnie Sereduck, 35 Summit Road, Carl Graveline, 4 Peter Gilkey Road and James Champagne for the Estate of Angeline Champagne, 10 Peter Gilkey Road all in opposition of granting the variance. Acting Chairman Slapikas asked for comments from the public. Bill Flahive, 30 Scott Road stated his concerns with Mr. Dorso relocating his landscaping business to 30A Scott Road that would result in trucks and equipment entering and exiting the property next to his property. B. Donovan, speaking as the Land Use Inspector for Prospect advised the board and public that Mr. Dorso, like any other resident in Prospect, does have the right to apply for a “Home Occupation Permit” that allows limited business use on residential properties. He understands the neighbor’s concerns, however the board cannot engage in speculation on possible future use of the structure in making their decision on this proposed variance. There were no further comments from the board or public and the public hearing closed at 7:40 p.m.

Chairman Atkins resumed the Chairman’s’ position.

Old Business: None.

Action on applications following public hearing:
a. Application 04-2008 of John C. Murphy Jr., 56 Cheshire Road for an 800 square-foot area variance and a 22-foot side yard setback variance to place a 1,600 square foot detached building 3-feet from the left side property line. Motion by M. Byrne, seconded by K. Graveline to approve Application 04-2008 as presented. Discussion: J. Slapikas stated the existing building is unsafe and dilapidated and should be removed. He is in favor of the variances, but he would like to see a new building that has an appealing look. M. Byrne is also in favor. L. DaSilva stated the new building would certainly be a welcome improvement to both this and the abutting property. She feels the unusable physical condition of the building is a reasonable hardship. Chairman Atkins stated he is in favor of the variances saying they will reduce the existing non-conformity by having the replacement structure further from the property line. In favor: Unanimous. Conditions: the new structure’s exterior appearance must be in harmony with the abutting residential structures and character of the area.

b. Application 05-2008 of Anthony & Shawna Dorso 30A Scott Road for a 500-square foot area variance to construct a 1,600 square-foot attached garage to a proposed house. Chairman Atkins again recused himself and J. Slapikas assumed the Chairman position. Motion by M. Byrne, seconded by K. Graveline to approve Application 05-2008 as presented. Discussion: M. Byrne stated the applicants did not fully explain the hardship to her satisfaction. L. DaSilva agreed, saying the abutting farm with the animals and odors is already there and does not believe this can be a justified hardship. K. Graveline also felt the hardship requirement was not satisfied. J. Slapikas stated the applicants did not meet the hardship requirement. He was also concerned that if the variance was granted, the applicants could still build a detached garage to the maximum size allowed. In favor: None. The Chairman then called for a motion to deny the application. Motion by M. Byrne, seconded by L. Dasilva to deny Application 05-2008. Unanimous. Reasons: The applicants’ reasons for the variance did not satisfy the hardship requirement.

Public Participation: None.

Adjournment: Motion by M. Byrne, seconded by K Graveline to adjourn at 8:05 p.m. Unanimous.

Martin Atkins, Chairman