Chairman Martin Atkins called the meeting to order at 7:09 p.m.

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

Chairman Atkins seated George Havican for Kurt Graveline and Lori DaSilva for Marianne Byrne.

Correspondence: None.

Clerical Bill: Motion by J. Slapikas, seconded by L. DaSilva to pay the clerical bill. Unanimous.

Approval of Minutes: Motion by J. Slapikas, seconded by M. Byrne to approve the minutes of the November 25, 2008 meeting as amended. Three votes in favor with one abstention. Motion to approve carries.

New Business:
a. 2009-2010 Proposed Budget. Members reviewed current budget expenses and proposed budget items. The board agreed to maintain the same total amount of the current 2008-2009 budget at $1,800.00, but to reduce item 5100-02 “Training Materials” from $300.00 to $100.00 and add item 5100-03 “Conferences” to the proposed budget with an amount of $200.00. The board has joined the “Connecticut Federation of Planning & Zoning Agencies” and would like to be able to take advantage of that agency’s conferences and seminars offered during the year. Motion by J. Slapikas, seconded by L. DaSilva to approve the proposed 2009-2010 budget for the same total amount of the current 2008-2009 budget, or $1,800.00, with an additional item “5100-03 “Conferences” added to the 2009-2010 proposed budget. Unanimous.

Chairman Atkins called for a motion to add Universal Car Services, LLC to the agenda. Motion by J. Slapikas, seconded by G. Havican to add Universal Car Services to the Agenda. Unanimous.

b. Universal Car Services, 103 Union City Road. Application for a Certificate of Approval for Dealing in or Repairing Motor Vehicles. Mr. Zimer Kalici appeared as the applicant. He presented a letter from Linda M. Kelly as Trustee for G & G Trust, owner of 103 Union City Road giving Mr. Kalici permission to go forward with this application. Mr. Kalici stated he wishes to open a used car dealership at 103 Union City Road. He is applying for his dealers and repairers license with the State that requires the ZBA’s approval of this location per Section 14-54 of the Connecticut General Statutes. He stated there are other automobile repair dealers now on this same location, which is zoned Business District. Mr. Kalici stated he does have an existing license with the State for his auto dealership in Waterbury. Motion by J. Slapikas, seconded by L. DaSilva to accept Application 01-2009 as presented and set a public hearing for Tuesday, February 24, 2009 at 7:10 p.m. Unanimous.

Public Hearings:
a. 7:24 p.m. Application 14-2008 of Lucy Liebert &Rosemary Donnelly, 2 Saunders Lane for a 12-foot right side setback variance to place a detached garage 13-feet from the right side property line. Chairman Atkins read into the record the “Notice of Public Hearings” for this application as it appeared in the Republican American on January 16 & 23, 2009. Ms. Liebert & Donnelly presented the required “Certificate of Mailings” to the clerk. They stated they want to place a detached garage near their house to provide cover for their cars and limit the walking distance from the garage to the house. The driveway is narrow with a sharp angle in the back of the house and with the slope of the land they feel they are limited where the garage can be placed. Chairman Atkins asked what the size of the lot is. The applicants stated approximately 2-acres. The Chairman asked if other locations on the property are feasible. The applicants stated the septic and well restrict locations. The Chairman referenced open land on the north-west or front portion of the property. The applicants stated the land slopes downwards from the house and walking back up the hill from the garage to the house would be very difficult. The Chairman also mentioned open area on the left side of the house. The applicants stated Ms. Liebert is handicapped and can not walk long distances up hill. Where they want to place the garage would provide easy access to the house. The applicants stated there are woods and a driving range on the side of their property where the garage would go. The land drops off and there are wetlands. Their house was built in the 1940’s; there is no existing garage. J. Slapikas stated the garage could be relocated further from the property line staying near the driveway, on an angle, and still be close to the house. There were no comments from the public, and after further discussion the board agreed to continue the public hearing to the next meeting on February 24th at 7:20 p.m. to allow the applicants time to discuss comments and suggestions made by the board with their builder.

Old Business:
b. Application 13-2008: Edward Pilat, 35 Highland Drive for a 15-foot side yard setback variance for a 12’ x 24’ storage building (the public hearing closed on November 25, 2008). Chairman Atkins read into the record a letter from Mr. Pilat granting a 35-day extension of time if it were necessary for the board to reach a decision. Chairman Atkins noted at the close of the public hearing board members felt they would like to visit the property to give them a better sense of hardship and possible alternate locations for the structure. The Chairman stated he feels there are other locations on the property that are suitable for the building. J. Slapikas stated his concerns with placing the structure too close to the septic and restricting access to the septic. He believes the structure, which will be placed on a stone bed and is not a permanent structure, can be placed elsewhere where a variance would not be needed. He also recognizes this is a small, non-conforming lot. The lot is under ½ acre in size. Motion by J. Slapikas, seconded by L. DaSilva to approve Application 13-2008 as presented. Discussion: J. Slapikas stated this structure can be removed and the variance is for a storage building only?not for a garage. Chairman Atkins called for a vote. In favor: Unanimous. Hardship stated was the non-conformity of the lot, slope of the lot, and the potential for a future expansion of the septic system.

Public Participation: Bill Donovan informed the board the Planning & Zoning Commission has withdrawn their appeal against the ZBA for the board’s variances granted to Eileen Schieffer, 133 Cook Road. The other appeal of a variance granted for exceeding the maximum height allowed for a residential house is still pending.

Adjournment: Motion by L. DaSilva, seconded by J. Slapikas to adjourn at 8:07 p.m. Unanimous.

Martin Atkins, Chairman