Prospect Zoning Board of Appeals
APPROVED MINUTES
June 23, 2009

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

Other Members Present: Jeffrey Slapikas, Marianne Byrne, Dave Michaud, Chuck Witkowski (alt)
Members Absent: Lori DaSilva (alt), George Havican (alt)

Chairman Atkins seated C. Witkowski for the vacated seat.

Correspondence: None

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

Approval of Minutes:
Motion by D. Michaud, seconded by M. Byrne to approve the minutes of the May 26, 2009 meeting as amended. Four votes in favor with one abstention. Motion to approve carries.

Chairman Atkins called for a motion to add Elizabeth Sniadecki, 25 Colonial Drive to the agenda for a rear yard setback variance application. Motion by J. Slapikas, seconded by D. Michaud to add Elizabeth Sniadecki to the agenda under New Business. Unanimous.

New Business: None

Old Business: None

Public Hearings:
a. 7:12 p.m. Application 02-2009 of James Copes, 25 Salem Road. Application for a 13-foot rear setback variance for an above-ground pool. Chairman Atkins read into the record the “Notice of Public Hearing” for this application as it appeared in the Republican American on June 12 & 22, 2009. Mr. Copes stated he is seeking to install a pool 7-feet from his rear property line. He is not sure at this time if it will be an above or in-ground pool. His property is less than ˝ acre in size and is 100-feet wide. His septic system takes up a significant portion of his back yard. There is an existing non-conforming shed on his property that is 7-feet from the rear property line. He presented the required Certificate of Mailing receipts to the clerk. M. Byrne asked how close the pool will be to the nearest house. Mr. Copes stated approximately 70-feet from the pool. Chairman Atkins asked where the septic is located. Mr. Copes stated it is in the back yard, in the proximate location as shown on his site plan. D. Michaud asked if he has received Chesprocott approval for the pool’s location. Mr. Copes stated he has not. There were no comments from the public and no further comments from the board. The public hearing closed at 7:22 p.m.

New Business:
a. Elizabeth Sniadecki, 25 Colonial Drive. Application for a 14-foot rear setback variance for a detached storage building. Mrs. Sniadecki stated she is seeking a variance to place a 12’ x 24’ storage shed 6-feet from her rear property line. She has a non-conforming lot that is 100-feet wide by 150-feet deep. The septic system is in the back of the property. There are other properties in the neighborhood that have sheds located close to their rear property lines. Motion by J. Slapikas, seconded by C. Witkowski to accept Application 06-2009 of Elizabeth Sniadecki as presented. Unanimous. A public hearing was scheduled for Tuesday, July 28, 2009 at 7:10 p.m. Chairman Atkins instructed Mrs. Shiadecki to bring a more detailed plot plan of the property and the shed’s location for the public hearing.
b. Discussion of increasing the application fees to cover costs of legal notices and administrative requirements. Bill Donovan, Land Use Inspector and ZBA Clerk stated that the current $75.00 application fee is not sufficient to cover the required costs of legal notices and various mailings associated with ZBA applications. Bill stated he recently spoke with a staff member in the Republican American legal add department who advised him that the average cost of a small legal notice is approximately $50.00. Because 3 legal notices are required on an application, in addition to mailings to the applicant, Bill is recommending the ZBA application fee be increased from the current $75.00 to $200.00. After discussion Motion by J. Slapikas, seconded by M. Byrne to hold a public hearing on Tuesday, July 28, 2009 at 7:20 p.m. for the purpose of proposing an increase of the ZBA application fee to $200.00. Unanimous.

Action on application following close of the public hearing:
a. Application 02-2009 of James Copes, 25 Salem Road for a 13-foot rear setback variance for a pool Motion by J. Slapikas, second by M. Byrne to approve Application 03-2009 as presented. Discussion: J. Slapikas clarified that the variance would be for the pool only, and not for a future attached pool deck or other structure. M. Byrne stated the existing non-conforming shed is also 7-feet from the rear property line and that the nearest house is 70-feet from the rear property line. C. Witkowski is concerned with the pool’s proximity to the septic leaching fields. Chairman Atkins called for a vote on the motion. In favor: Unanimous. Reasons: non-conforming lot, location of septic system.

Public Participation: None

Adjournment:
Motion by D. Michaud, seconded by M Byrne to adjourn at 7:42 p.m. Unanimous.

Martin Atkins, Chairman