Vice-Chairman Jeffrey Slapikas called the meeting to order at 7:02 p.m.
Other Members Present: Marianne Byrne, Dave Michaud, George Havican (alt), and Nazih Noujaim (alt)
Members Absent: Chuck Witkowski, Lori DaSilva (alt)
Vice Chairman Slapikas seated G. Havican for C. Witkowski and N. Noujaim for the vacant seat.
Bill Donovan as ZBA Clerk stated that because Martin Atkins has resigned as ZBA Chairman the Board must now vote to elect a new Chairperson. Motion by M. Byrne, seconded by D. Michaud to nominate Jeffrey Slapikas as Chairman. There were no other nominations and the vote was Unanimous. J. Slapikas thanked the Board and stated because he is now relinquishing his Vice-Chairmanship of the ZBA, the board must vote to elect a new Vice-Chairperson. Motion by J. Slapikas, seconded by D. Michaud to nominate Marianne Byrne as Vice-Chairman. There were no other nominations and the vote was Unanimous.
Correspondence: None
Clerical Bill:
Motion by M. Byrne, G. Havican to pay the clerical bill. Unanimous.
Approval of Minutes:
Motion by J. Slapikas, seconded by M. Byrne to table approval of the July 28, 2009 minutes and consider these minutes for approval at the September 22, 2009 meeting. Unanimous.
Old Business: None
New Business:
a. Anthony & Mary Doughney, 19 Dogwood Drive. Application for a 23-foot front property line variance of Section 3.2.4.1 for a front porch. Mr. Doughney explained he is seeking to add a new front porch onto his house. The lot is approximately 1/3 acre in size and is non-conforming. The house is 33-feet from the front property line and also non-conforming. Any proposed addition off the front of the house therefore requires a variance. Septic is located in the front yard. The 6-foot width of the porch includes the roof overhang. Motion by M. Byrne, seconded by D. Michaud to accept Application 07-2009 of Anthony & Mary Doughney for a 23-foot front property line setback variance for a front porch addition. Unanimous. A public hearing was scheduled for Tuesday, September 22, 2009 at 7:10 p.m.
Public Hearings:
a. 7:15 p.m. Application 06-2009 of Elizabeth Sniadecki, 25 Colonial Drive for a 14-foot setback variance of Section 5.2.5.3 of the Regulations to place a detached storage building 6-feet from the rear property line. Chairman Slapikas read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on August 14 & 21, 2009. Mrs. Sniadecki stated she is seeking a variance to place a pre-constructed shed in the rear of her property. M. Byrne asked the size of the lot. Mrs. Sniadecki replied it is approximately 1/3 acre in size with 100-foot frontage. Mrs. Sniadecki stated the septic system is located throughout the rear property. If she were to locate the shed to the other corner of the property, the same variance would be required. They have a one-car garage. D. Michaud asked if other properties have sheds close to their property line. Mrs. Sniadecki stated several neighbors have sheds or pools very close to their property lines. There were no comments from the public and no further comments from the board. The public hearing was closed at 7:18 p.m.
New Business (cont):
b. Peter & Diane Neri, 22 Putting Green Lane. Application for a 6-foot side line property variance for a house addition and a 6-foot front property line variance for a front porch. Chairman Slapikas recused himself from discussion as he has a business relationship with the applicants. Vice-Chairman M. Byrne assumed the Chairman’s position. Mrs. Neri stated they are the parents of the property owners who are requesting a 6-foot variance to place a house addition 19-feet from the left side property line. If approved, the house addition would become an Accessory Living Unit as defined in the regulations. The garage is on the right side and the septic is located in the rear, restricting where this addition can be built. The porch is planned to offer protected access from the garage area to the proposed addition. Mrs. Neri asked to revise her variance request from 6-feet to 7-feet to compensate for the porch roof overhang. M. Byrne asked the distance from the garage to the right side property line. Mrs. Neri did not know the distance. She stated Chesprocott Health does not think they can build this addition off the right side because of where the septic is located. The existing house is conforming to current zoning setback requirements. Motion by D. Michaud, seconded by G. Havican to accept Application 08-2009 of Peter and Diane Neri as presented. Unanimous. A public hearing was scheduled for September 22, 2009 at 7:20 p.m.
J. Slapikas resumed the Chairman’s position.
Public Hearings (cont):
b. 7:26 p.m. Proposed amendment of the Zoning Board of Appeals fee schedule to increase the fee for an application from the current $75.00 to $200.00. Chairman Slapikas read into the record the “Notice of Public Hearings” for this proposal as it appeared in the Republican American on August 14 & 21, 2009. William Donovan, Prospect Land Use Inspector and Clerk, ZBA presented the proposal. Mr. Donovan stated that the current application fee of $75.00, which has been in place for many years, does not adequately cover the Town’s cost to publish required legal notices for variance and other applications that come before the board. He presented recent invoices from the Republican American that indicates minimum costs of publications for an application are generally $150.00. The proposed increase in fees is to ensure that the applicant pays for all required legal and other administrative costs associated with his application or petition. M. Byrne asked what other Towns charge for fees. J. Slapikas stated Cheshire’s fees are $300.00; Naugatuck’s fees are around $250.00. J. Slapikas believes the $200.00 proposed fee is fair. Chairman Slapikas asked for comments from the public. Tom Galvin, 27 Rockridge Terrace expressed his support for the proposed fee schedule increase. There were no further comments from the public or board and the public hearing was closed at 7:31 p.m.
Action on Applications:
a. Application 06-2009 of Elizabeth Sniadecki, 25 Colonial Drive for a 14-foot setback variance of Section 5.2.5.3 of the Regulations to place a detached storage building 6-feet from the rear property line. Motion by D. Michaud, seconded by M. Byrne to approve Application 06-2009 as presented. Discussion: M. Byrne stated she visited the site and observed all lots in this neighborhood are very small. The septic leaching field takes up a large portion of the back yard limiting possible locations for the shed. She is in favor of granting the variance. J. Slapikas stated he observed other properties in the neighborhood with existing detached buildings very close to the property lines. The applicant has only a small one-car garage with limited storage space. He is also in favor of granting this variance. With no further discussion, the vote to approve was Unanimous. Reasons: Septic system limits other locations for the structure. Small, non-conforming lot.
b. Proposed amendment of the Zoning Board of Appeals fee schedule to increase the fee for an application from the current $75.00 to $200.00. Motion by D. Michaud, seconded by G. Havican to approve the proposed increase for the fee application fee. N. Noujaim questioned if other papers could provide legal notice services at a lesser charge. W. Donovan commented that the legal requirement is to place notices in a paper that has general circulation in the Town. It is generally accepted that the Republican American is read by the majority of Prospect residents interested in local news events. After a brief discussion among board members the vote was Unanimous. Chairman Slapikas set an effective date for the new fee schedule of October 1, 2009.
Public Participation: None.
Under discussion, the board suggested the clerk notify the members by e-mail as a reminder of up-coming meetings and also e-mail the unapproved minutes and agenda. The clerk stated he would do this.
Adjournment:
Motion by J. Slapikas, seconded by C. Witkowski to adjourn at 8:45 p.m. Unanimous.
Jeffrey Slapikas, Chairman