Chairman Marianne Byrne called the meeting to order at 7:00 p.m.

Other Members Present: Dave Michaud, Chuck Witkowski, David Jones, Suzanne Loud.
Members Absent: George Havican (alt), Nazih Noujaim (alt)

Motion by D. Michaud, seconded by D. Jones to pay the clerk. Unanimous.

Correspondence:
Connecticut Federation of Planning & Zoning Agencies: Fall 2009 Quarterly Newsletter; (2) Council of Governments Central Naugatuck Valley: Brochure on Scheduled Land Use Planning Seminars; (3) Prospect Water Pollution Control Authority: Notification of Upcoming Workshop Scheduled for January 25, 2010.

Approval of Minutes:
Motion by D. Michaud, seconded by D. Jones to approve the November 24, 2009 minutes as presented. Unanimous.

New Business: None

Public Hearings:
a. 7:10 p.m. Application 12-2009: Matthew Butler, 12 Karyl Lane for a 15-foot front yard setback variance of Section 3.2.4.1 and a 21-foot side yard setback variance of Section 3.2.4.2 for a house addition. Chairman Byrne read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on December 3 & 11, 2009. Mr. Butler presented Certificate of Receipts of required mailings. He stated they plan to build an addition on the left side of their home. They recently had a new septic system installed on the right side and rear of the property to replace their old system that had failed. The new septic location prevents the proposed addition from being placed on the right side of the house. The plan is to demolish the existing garage and breezeway and construct a new garage and second story room addition. The existing garage is 4-feet from the left side line and the proposed addition will not extend any closer to the left side line. The new garage will be 35-feet from the front property line but will not be as close to the front property line as their house, which is 33-feet to the front property line. Chairman Byrne read a letter of correspondence from Robert Albert, 9 Wilkins Lane supporting the requested variances. Chairman Byrne asked for comments from the public. Donald Martone, 10 Karyl Lane has no issues with the variances requested. With no further comments from the public or board members, Chairman Byrne closed the public hearing at 7:20 p.m.

b. 7:20 p.m. Application 13-2009: Chester Falkowski, 24R Cornwall Avenue for a 2,444 square foot variance of Section 5.2.2.1 and a 5-foot variance of Section 5.2.2.2 to construct a 3,244 square foot detached barn with a height of 29-feet. Chairman Byrne read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on December 3 & 11, 2009. Mr. Falkowski presented receipts of required certified mailings. Chairman Byrne read a letter from the Regional Water Authority dated December 7, 2009 saying this property is located within the watershed of Lake Whitney, a public water supply reservoir and the water authority has no comments on the application. Mr. Falkowski stated he is seeking variances to construct a 3, 2444 square foot detached structure that would be 29-feet high. He stated the structure does not encroach into property line setback requirements. Mr. Falkowski presented architectural plans of the structure. Chairman Byrnes asked what the building will be used for. Mr. Falkowski stated he has 6 cars, motorcycles, cabinet making equipment and other possessions that he wants to keep in a secured location. The existing house on the property does not have adequate storage space. The size of their house is 2,700 square feet. The property has 3.4 acres and is located at the end of a private right-of-way. The proposed and existing buildings combined are well under the maximum 15% allowed coverage per the regulations. Most of the building would be built into an earthen embankment resulting in the building ridge line being only 17-feet above the ground. Chairman Byrne asked why the building cannot be located in another location. Mr. Falkowski stated location of the septic and well and the added expense of an extended driveway if the building were to be placed towards the rear of the property limit where the building can be positioned. C. Witkowski stated the topography of the property is steep and where the building is proposed would be into the ground reducing visibility. Mr. Falkowski stated they plan to utilize soils dug out for the building to create a court-yard between the detached structure and house. Chairman Byrne asked for comments from the public. Cameron Drew, 24R Cornwall Avenue stated the intent of the building’s location is to remove the visible outside clutter on the property and create a court-yard effect. If the building were to be placed farther in the back of the property the entire building would be built above-ground and much more visible. Ms. Drew also has concerns with possible theft from hikers walking on the blue trail located at the rear of her property. Chairman Byrne asked for comments from the public. Linda Brylewski, 22 Cornwall Avenue is opposed to this building because it will obstruct the view she enjoys as an abutting property owner. She is also concerned with the potential of a commercial business starting up and using the proposed structure. C. Witkowski stated the applicant indicated a large portion of the building would be set into the ground. Mrs. Brylewski questioned the validity of that statement. Attorney Roger Harbanuk, 472 Wolcott Road, Wolcott, CT representing Mrs. Brylewski stated Prospect has zoning regulations in place that limit an accessory building in a residential zone to 800 square feet. An extreme hardship must be presented by the applicant for a variance to be granted. It can not be a financial hardship. A personal desire by the applicant to add a new structure to the property is not a hardship. He stated regulations are expected to be adhered to, and unless the applicant can demonstrate that denying the variance of a specific regulation will significantly diminish the value of the property, then the board cannot grant the variance. C. Witkowski asked Attorney Harbanuk what should be done to protect the applicant’s valuables, including his cars. Attorney Harbanuk stated the applicant would need to build a structure in compliance with the regulations or store the valuables in a different district. The hardship has to emanate from the land and not from what the applicant wants to do with the land. The applicant can build an addition onto the house as long as it complies with the regulations. Barbara Sheehan, 20 Cornwall Avenue has concerns with the applicant using his property for commercial purposes, height of the building and increase water runoff coming from the applicant’s driveway. Cameron Drew, 24R Cornwall Avenue stated the building will not hinder the neighbor’s view. They are also planning to improve drainage on their property. She does not want to build multiple 800-square foot detached storage buildings instead of this one large building. Dominic Briglia, 13 Saunders Lane asking what the height is to be of the proposed garage doors. The plans show 10-foot high garage doors and the building’s height is required for storage. Barbara Sheehan, 20 Cornwall Avenue very concerned with water runoff resulting from this construction. Scott Mastropietro, 24 Cornwall Avenue is in favor of the variance to help clean up the outside storage issue. With no further comments from the public or board members Chairman Byrne closed the public hearing at 7:57 p.m.

c. 8:00 p.m. Application 14-2009: Leonel Ferland, 43 Summit Road for a 20-foot variance of Section 3.2.4.2 and a 610-square foot variance of Section 5.2.2.1 for a detached garage. Chairman Byrne read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on December 3 & 11, 2009. Mr. Ferland stated he currently has an attached one-garage that can only be accessed by driving over his neighbor’s property. If he is granted the needed variances for the garage, he and his neighbor would then arrange a land swap that would place the proposed garage entirely on his property. He wants to build a larger garage to avoid having to build two separate smaller buildings. His septic system and slope of his property limit the garage location to where it shows on his plans. M. Byrne asked for clarification on the land swap. Mr. Ferland stated he would acquire land from the neighbor that would keep his garage totally on his property. He will deed over an equal amount of land to his neighbor to avoid creating or increasing any non-conformities with both properties. He will obtain an easement from his neighbor allowing access over the neighbor’s property to his house and garage. Chairman Byrne asked for a hardship. Mr. Ferland stated he has no place to store indoors his family’s cars and equipment. His lot is 0.62 acre in size. The garage will be 5.6 feet off of the right side line. The garage floor will be poured concrete with no footing drains. Chairman Byrne read into the record a letter from Ann Sullivan, 38 Summit Road supporting the requested variances. Brian and Sandra Sugrue, 45 Summit Road are in favor of the variances. They are concerned that any future land swap does not make their property any more non-conforming then it currently is. D. Michaud confirmed there would be an easement granted and not a land swap from the street to the proposed garage. There were no further comments and the public hearing was closed at 8.11 p.m.

Old Business:
a. Application 10-2009: Christopher Caporaso, 176 Straitsville Road for a 1,650 square foot variance of Section 5.2.2.1 and a 38-foot variance of Section 3.2.4.4 of the regulations for an addition onto an existing non-conforming detached garage. Motion by D. Jones, seconded by D. Michaud to approve Application 10-2009 and reduce the 1,650 square foot variance to 400 square feet. Discussion: Chairman Byrne indicated the existing home is non-conforming, an existing garage is conforming and the detached garage to which the variances would apply is non-conforming. There are also two commercial greenhouses on the property. B. Donovan stated that as a result of questions raised at the public hearing he discussed the 15% maximum coverage allowed by all buildings on a lot with the Planning & Zoning Commission. Planning & Zoning unanimously agreed the commercial greenhouses on this property are not considered permanent structures and therefore to not factor into the 15% maximum building coverage requirement. Chairman Byrne stated if the garage building were to be relocated, they would still need a variance for the size of the building. S. Loud stated she believes it makes sense to utilize the existing structure. The addition would extend back into the property and would not impact Porter Hill Road. D. Michaud stated a portion of the new addition is within the existing footprint of the structure. D. Jones stated there is a significant amount of activity and clutter currently taking place on the property and questions whether there should be any expansion of what is already there. C. Witkowski feels there is a lot going on with this property. Chairman Byrne stated the proposed addition does not increase the non-conformity on Porter Hill Road and she is not objecting to that variance. The increased size of the building should be addressed. If the variance is denied, the owners can still construct another building, or apply for another variance if necessary. The hardship as stated is that denying the variance would deprive the owner of the ability to make a living. C. Witkowski stated the applicant is seeking to expand their business. D. Michaud stated the addition would allow them to store equipment and produce from their current farming operation. S. Loud stated the applicants want to enhance property values and preserve the character of the neighborhood. She believes the plans for the new building show a significant improvement from what is currently there. Chairman Byrne called for a vote. In favor: 4; Opposed: 1. The motion to approve Application 10-2009 carries. Reasons: The two variances do not increase the existing setback non-conformity of the building and both variances are necessary for the proposed structure.

Action on Applications following close of Public Hearing:
a. Application 12-2009: Matthew Butler, 12 Karyl Lane for a 15-foot front yard setback variance of Section 3.2.4.1 and a 21-foot side yard setback variance of Section 3.2.4.2 for a house addition. Motion by D. Jones, seconded by C. Witkowski to approve Application 12-2009 as presented. Discussion: C. Witkowski is in favor of the variances. D. Michaud noted the applicant is working within the same footprint as the existing structures. He is in favor of the variances. S. Loud stated the neighbors are in support of the variances. Chairman Byrne stated the lot is non-conforming, the applicant is building almost entirely within the existing footprint of the structures to be demolished and the neighborhood, which is older, does have other non-conforming lots. Chairman Byrne called for a vote. In Favor: Unanimous. Reasons: Non-conforming house and lot. Increase in size of the new structure does not increase the set-back non-conformity of the existing building.

b. Application 13-2009: Chester Falkowski, 24R Cornwall Avenue for a 2,444 square foot variance of Section 5.2.2.1 and a 5-foot variance of Section 5.2.2.2 to construct a 3,244 square foot detached barn with a height of 29-feet. Motion by D. Jones, seconded by D. Michaud to approve Application 13-2009 as presented: Discussion: D. Jones does not believe a valid hardship has been presented. C. Witkowski feels the variance is necessary. D. Michaud stated this is a residential area and does not understand the need or hardship to have extensive construction equipment on a residential parcel. C. Witkowski would rather see just one building than several smaller structures. M. Byrne questioned the large size of the building and hardship. S. Loud is in favor of the variance request. Chairman Byrne called for a vote. Four votes opposed; one in favor of the variance. Motion to approve does not carry. Chairman Byrne called for a motion to deny Application 13-2009. Motion by D. Jones, seconded by C. Witkowski to deny Application 13-2009. In favor: 4 votes; Opposed: 1 vote. Motion to deny carries. Reasons: Self-created hardship; not sufficient reason for variance; large size of building.

c. Application 14-2009: Leonel Ferland, 43 Summit Road for a 20-foot variance of Section 3.2.4.2 and a 610-square foot variance of Section 5.2.2.1 for a detached garage. Motion by D. Jones, seconded by D. Michaud to approve Application 14-2009 as presented: Discussion: C. Witkowski questioned the land-swap associated with these variances. D. Jones stated this is a large structure for the size of the lot and house. Confirmed the existing and proposed structures do not exceed the 15% maximum lot coverage. S. Loud is in favor of the variances. D. Michaud stated this is a small, non-conforming lot and there is no other location to place this structure. Chairman Byrne stated approval of these variances will increase the over-all non-conformity of the property. D. Michaud stated the existing garage is small, and access is over a neighbor’s property. Chairman Byrne stated she would be in favor of the variances provided any land-swap between the applicant’s and neighbor’s properties does not result in additional non-conformities in land area or frontage or location of existing structures. In favor: Unanimous. Reasons: Non-conforming lot with non-conforming structures. A condition of the approval is that any land-swap does not create or increase non-conformities with either property or structures on either property.

Public Participation:
Under discussion Chairman Byrne asked if there was any interest in attending the Water Pollution Control Authority’s January 25, 2010 workshop entered under Correspondence. C. Witkowski stated he would be interested. Darren Bedard, 24 Hemlock Road questioned the validity of the hardship for a previously granted variance on Hemlock Road. He also questioned if the required mailings on this application were received. He feels the burden and expense to correct a questionable decision by the board falls on the neighbor.

Adjournment:
Motion by D. Michaud, seconded by S. Loud to adjourn at 9:17 p.m. Unanimous.

Marianne Byrne, Chairman