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

Other Members Present: Jeffrey Slapikas, Marianne Byrne
Members Absent: Gregory Harkins, Kurt Graveline, George Havican (Alt), Lori DaSilva (Alt)

Correspondence: None

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 M. Atkins to approve the minutes of the August 26, 2008 meeting as presented. Two votes in favor with one abstention. Motion to approve carries.

New Business:
a. Elaine Schieffer, 133 Cook Road. Application for three variances (minimum size, stacking and minimum driveway width) to create a rear lot. Elaine Schieffer with Paul Reynolds of Stone Wall Boundaries, LLC presented the application. Mrs. Schieffer stated they have an existing house on this rear lot and wish to subdivide the property to create another rear lot for family members. She stated they had planned to split the lot many years ago and had received both ZBA and Inland Wetlands approvals in 1988. However, other personal issues at that time resulted in Mrs. Schieffer having to put on hold her intention of creating this new lot. Mr. Reynolds described the proposed lot and access way. He stated the proposed rear lot is 1.34 acres excluding the access way, and therefore they are seeking a .66-acre variance to satisfy the minimum 2-acre requirement for a rear lot. The regulations also prevent stacking of rear lots whereby a rear lot cannot be located behind another rear lot where both lots access onto the same street. Because the proposed rear lot would result in Mrs. Schieffer’s lot being “stacked” behind the new rear lot, they are asking for a variance of the stacking requirement. Finally, although the ZBA in 1988 granted a 3.12 foot variance at the street line to satisfy the minimum 40-foot width requirement for adjoining rear lot driveways, the driveways narrow beyond the street line. Mrs. Schieffer is therefore asking for an additional 12.66-foot variance to satisfy the minimum 40-foot width requirement for 2 adjoining driveways to rear lots. Motion by J. Slapikas, seconded by M. Byrne to accept Application 08-2008 of Elaine Schieffer as presented. A public hearing was set for Tuesday, October 28, 2008 at 7:10 p.m. Unanimous.

b. Richard LaChance, 477 Matthew Street. Application for a 4-foot maximum height variance for a residential house. ZBA Clerk Bill Donovan presented an e-mail from Mr. LaChance saying he could not make tonight’s meeting and is requesting the Board allow Bill to present his application. Bill stated Mr. LaChance is applying for a variance to correct a non-conformity with the maximum allowable height of his existing residential building. The maximum height permitted to the highest point of the building is 35-feet. The estimated height of the building measured from the average level of the ground surrounding the building is 39-feet. Mr. LaChance is seeking a 5-foot height variance to ensure any portion of the building’s highest point that may be 40-feet high or less is included. Motion by J. Slapikas, seconded by M. Byrne to accept Application 09-2008 of Richard LaChance as presented. A public hearing was set for Tuesday, October 28, 2008 at 7:20 p.m. Unanimous.

c. Kollcinaku LLP, 22 Union City Road. Application for a 12-foot rear property line setback variance for a building addition. James Kollcinaku presented the application stating he is seeking the required variance in order to construct small additions to square off the rear of his commercial building and acquire additional storage space. The building is currently 28-feet from the rear property line and the additions will not be closer than 28-feet to the rear property line. This is a pre-existing non-conforming building and he is seeking a 12-foot rear property setback variance to meet the current 40-foot rear setback requirement. Motion by M. Byrne, seconded by J. Slapikas to accept Application 10-2008 of Kollcinaku LLP as presented. A public hearing was set for Tuesday, October 28, 2008 at 7:30 p.m. Unanimous.

Old Business: None

Public Hearings: None

Public Participation: None

Adjournment: Motion by M. Byrne, seconded by J. Slapikas to adjourn at 7:35 p.m. Unanimous.

Martin Atkins, Chairman