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

Other Members Present: Jeffrey Slapikas, Marianne Byrne, Kurt Graveline, Gregory Harkins, George Havican (alt)

Members Absent: Lori DaSilva (alt)

Also Present: William Donovan, Clerk/Land Use Inspector

Correspondence: B. Donovan advised the commission that in a letter he recently received from Attorney Steven Byrne of the Connecticut Federation of Planning & Zoning Agencies, Carl Graveline would not be eligible for that organizations’ 12-year Length of Service Award for his 12-year membership on the ZBA because the Board is not a current member. After discussion, Motion by J. Slapikas, seconded by K. Graveline to have the ZBA join the Connecticut Federation of Planning & Zoning Agencies. Unanimous.

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 February 26, 2008 meeting as presented. Four votes in favor with one abstention. Motion to approve carries.

New Business: None. B. Donovan mentioned that the Planning & Zoning Commission will be holding public hearings beginning on April 2nd on general revisions to certain sections of the Zoning Regulations. Bill invited board members to attend the hearing to hear what changes are being proposed and also provide any comments for the Commission’s considerations.

Public Hearings:
a. 7:10 p.m. Application 2-2008: Frank Stramski, 116 Waterbury Road for a 41-foot front line setback variance for a detached garage. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on March 14 & 21, 2008. Mr. Stramski stated there was an old garage on the property that had deteriorated and was consequently removed. The existing walls and foundation are in poor shape and would have to be replaced. This would be a difficult and costly process, and he is asking to replace the old garage with a new garage in a different location that would be no closer to the property line than the old garage was. Mr. Stamski is asking to place the new garage, with the overhang, 9-feet from the front property line. His lot is a rear lot. M. Byrne asked what would become of the old foundation. Mr. Stramski stated he would leave it in place and try and landscape the area. Mr. Stramski also presented signed receipts of all but one of the required mailings. The proposed garage would be the same size as the old, removed garage which was 24’ x 40’ or 960 square feet in area. K. Graveline asked why the new garage could not be built where the old garage was. Mr. Stramski stated because of the steep up-grade of the slope it would be very difficult and costly. M. Byrne asked if the garage could be placed further back from the property line. Mr. Stramski stated he could move it a short distance back. J. Slapikas questioned the size of the garage at 960 square feet which is more than the maximum 800 square feet allowed in the regulations. The Commission discussed whether the size of the garage is permitted by right as a legal non-conformity. Chairman Atkins raised the point that if the new garage is built as proposed, Mr. Stramski might also be able to replace the old non-conforming garage as well. The board discussed keeping the size of a new garage to the maximum allowed 800 square feet or requiring Mr. Stramski to apply for an additional variance for a 960-foot building. They also considered actions permitted for legal non-conforming buildings. Chairman Atkins asked for comments from the public. Donna Gomez and Kenneth Aubertin, 15 Hemlock Road are both in favor of the variance. There were no further comments and the public hearing closed at 7:31 p.m.

b. 7:32 p.m. Application 3-2008: Donna Gomez, 15 Hemlock Road 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. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on March 14 & 21, 2008. Kenneth Aubertin, also of 15 Hemlock Road presented letters from 3 neighbors supported these variances. Mr. Aubertin stated Donna’s parents are very senior in age and will be moving in with him and Donna. The house is very small and the additions are to provide reasonable living space for both the parents and themselves. The new addition will not be any closer to the side line than the existing house. The porch addition is to add to the house’s appearance. The house addition will extend back from the house. The left side of the house is only 15 feet from the property line and the porch will also be 15 feet from that same side line. The house is non-conforming in that it is less than 50 feet from the front property line. J Slapikas confirmed the porch will be 6-feet closer to the road, but not closer to the side line than the house. Chairman Atkins asked for comments from the public. Frank Stramski, 116 Waterbury Road is in favor of granting these variances. Chairman Atkins read into the record letters received from Judith George, 10 Hemlock Road, Catherine Scarpati, 14 Woodcrest Drive and Rocko and Nancy Polletta, 2 Woodcrest Drive all in favor of granting these variances. There were no further comments and the public hearing was closed at 7:43 p.m.

Action on Public Hearing:
a. Application 2-2008: Frank Stramski, 116 Waterbury Road for a 41-foot front line setback variance for a detached garage. Motion by J. Slapikas, seconded by K. Graveline to approve the application as presented. Discussion: Bill Donovan, speaking as Town staff for the ZBA reviewed with the Board Section 2.4.2.1 in the Zoning Regulations pertaining to non-conformities, specifically on minimum floor area and height of a building. The regulations say that an existing non-conforming structure may be replaced or rebuilt providing the new structure does not increase the degree of the non-conformity. In Bill’s opinion, what Mr. Stramski is asking for does not increase the degree of the non-conformity of the prior building as the new building will not be closer to the property line or larger than the original garage. G. Harkins questioned whether relocating this structure to a new location causes that structure to loose its non-conforming status. The board discussed this issue and concluded the new building retains non-conforming status as long as it remains no larger than the prior garage or any closer to the property line. M. Byrne mentioned the one un-signed mailing is the property with the house nearest to this new structure. That house is vacant and held by a trustee. She feels because of this, no one is representing the owners. B. Donovan stated all applicants are required to send notice to the property owners or responsible parties as shown on the Town assessor’s records using mailing addresses also shown on the Town assessor’s records. Mr. Stramski complied with this directive. J. Slapikas stated he feels a condition of this granting of variance should be to prohibit any additional building or structure being constructed within the footprint of the previous, non-conforming garage. Chairman Atkins called for a vote on the application noting a condition prohibiting any additional structure from being built within the footprint of the original garage. Unanimous.

b. Application 3-2008: Donna Gomez, 15 Hemlock Road 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. Motion by J. Slapikas, seconded by K. Graveline to approve these variances as presented. Discussion: J. Slapikas stated only one of the requested variances, the front porch, is actually encroaching closer to the property line than the existing house. He mentioned the 6-foot front line variance for the front porch takes into consideration the one-foot roof overhang. Therefore to comply with this variance, the porch itself cannot be larger than 5-feet in width. Chairman Atkins agreed with Jeff’s comments. G. Harkins questioned whether the house’s aesthetics could be improved without encroaching closer to the front property line. Chairman Atkins stated his support for one minimal encroachment into the front property line setback to improve the appearance of this house that already encroaches into the front setback. M. Byrne also agreed with the chairman. In favor: Unanimous. Chairman Atkins stated hardships as the non-conformity of the lot and house, side line variances are less than current non-conformities and the front porch improves the appearance of the house.

Old Business: None.

Public Participation: None.

Adjournment: Motion by M. Byrne, seconded by G. Harkins to adjourn at 7:58 p.m. Unanimous.

Martin Atkins, Chairman