The meeting was opened at 7:04 p.m.
Members Present: Marianne Byrne, Dave Michaud, Chuck Witkowski, David Jones, Susan Loud
Members Absent: George Havican (alt), Nazih Noujaim (alt)
Bill Donovan asked the Board for nominations for Chairman and Vice-Chairman. Motion by D. Michaud, seconded by C. Witkowski to nominate Marianne Byrne as Chairman. There were no other nominations, and the vote was Unanimous. Chairman Byrne called for nominations for Vice Chairman. Motion by M. Byrne, seconded by S. Loud to nominate David Michaud for Vice Chairman. There were no other nominations and the vote was Unanimous.
Correspondence:
To be presented at the scheduled public hearings.
Clerical Bill:
Motion by D. Michaud, seconded by C. Witkowski, to pay the clerical bill. Unanimous.
Approval of Minutes:
Motion by D. Michaud seconded by C. Witkowski to approve the October 27, 2009 minutes as presented. Three votes in favor with two abstentions. Motion to approve carries.
New Business: To follow public hearings.
Old Business: None
Public Hearings:
a. 7:10 p.m. Application 10-2009\ of: 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 for an addition onto a non-conforming detached garage. Chairman Byrne read into the record of “Notice of Public Hearings” for this application as it appeared in the Republican American on November 13 & 20, 2009. Whitney Caporaso represented the applicant. Mrs. Caporaso presented Certificates of Mailings for all required adjoining properties. She stated they wish to expand the size of their existing detached garage to more than the maximum permitted 800 square foot area. The garage is 13.5’ feet from the R.O.W. of Porter Hill Road as determined by Carl Mattson, Jr., CT licensed surveyor and therefore within the 50-foot required front yard setback of Porter Hill Road. Mrs. Caporaso presented architectural drawings of the proposed addition. The structure will be used for making maple syrup and crop production. Mrs. Caporaso stated the requested area variance was based on discussions with the Board at the time of their application, however she believes this variance may be adjusted as the proceedings go forward. The proposed 600 square foot addition will greatly improve the appearance of the building. Mrs. Caporaso stated her husband has owned the property for 15 years. The building has been utilized for maple syrup production and workshop. If the variances are granted, Mrs. Caporaso believes construction on the addition will begin next year after the end of the maple syrup season. Mrs. Caporaso stated they have a State farmers permit and are registered as a farm with the United States Department of Agriculture and therefore they qualify to apply for related agricultural grants. Chairman Byrne asked what the hardship is. Mrs. Caporaso stated this farm is her full-time job, and she believes if they can enhance their property with this building that this would benefit the neighborhood and community by offering tours of how maple syrup is made. The building is non-conforming and therefore this is what she has to work with. Chairman Byrne asked if a new building could be constructed elsewhere on the property that would not require variances. Mrs. Caporaso stated that would only add an additional building on the site which is not desirable at this time. N. Noujaim asked if the other existing garage could be utilized in place of this non-conforming structure. Mrs. Caporaso stated the garage is being utilized of other aspects of the farming business. She stated the current maple syrup is being stored in their kitchen. The proposed garage addition allows for a needed expansion of both a work and storage area. M. Byrne asked if the current non-conforming building could be removed and replaced with a more conforming structure. Mrs. Caporaso stated the building is structurally sound and the cost to demolish it would be substantial. C. Witkowski asked for clarification on the number of green houses on the property. Mrs. Caporaso stated additional greenhouses can be constructed as have been approved by Planning & Zoning. Chairman Byrne asked for comments from the public. Bill Donovan, Land Use Official for Prospect reviewed with the Board the Planning & Zoning Commission’s interpretation of “area” as it relates to Section 5.2.2.1 of the Regulations and Mrs. Caporaso’s application for a variance of this section. The Board at the last meeting concluded that “area” includes all useable levels or volume of a structure, thus requiring the Caporasos to ask for the 1,650 square foot area variance in their application. Planning & Zoning interprets “area” as the area of the structure’s footprint, or placement at ground level only. Mr. Donovan stated because the Board is obligated to accept Planning & Zoning’s interpretation of the zoning regulations, the Board can reduce the proposed variance of 1,650 square feet to 400 square feet and still allow the Caporasos to go forward with their proposed addition if approved. He stated as presented, the existing 600 square foot building will have a second story addition and a 600 square foot attached addition for a total 1,200 square foot footprint or ground placement. Because the regulations permit a maximum of 800 square feet area for a detached garage, the Caporasos would need a 400 square foot variance to satisfy the regulations. Chairman Byrne read into the record a letter from Alan & Heidi Sills, 180 Straitsville Road stating their favor of the Caporaso’s requested variances. David Santoro, 5 Porter Hill Road asked for clarification on the portion of the building facing Porter Hill Road. He is concerned about the overall height and size of the building and all the other structures on this property that is less than 2-acres. Clement Vilardo, 6 Porter Hill Road feels the final size of the proposed building, being so close to Porter Hill Road, along with all the other structures on the property would be too clustered for the neighborhood. C. Witkowski questioned whether the proposed addition to this building, in addition to the other existing and approved structures on this property, exceeds the allowable 15% coverage for buildings as listed in the “Table of Bulk Regulations” of the Zoning Regulations. Mrs. Caporaso stated the greenhouses that have been approved are considered temporary structures and to not come under the 15% limitations for permanent structures. Pat Vilardo, 6 Porter Hill Road is concerned that if approved, construction of this addition could become another project on the property that never gets completed, causing continued noise and blight to the neighborhood. D. Michaud asked for confirmation that an approved variance runs with the land, and that there are no time constraints of completion that can be conditioned with this variance. Clement Vilardo, 6 Porter Hill Road asked questions regarding the ventilation systems for the greenhouses. There were no further comments from the public or Board members and the public hearing was closed at 8:02 p.m.
b. 8:05 p.m. Application 11-2009 of Robert Strachan, 20 Hemlock Road for a 14-foot variance of Section 3.2.4.2 of the regulations for a house addition. . Chairman Byrne read into the record of “Notice of Public Hearings” for this application as it appeared in the Republican American on November 13 & 20, 2009. Mr. Strachan stated he is seeking a 14-foot side line variance to construct a house addition consisting of a garage and second story bedroom. Mr. Strachan presented drawings of the proposed addition. He has an existing attached garage with his house. The lot is a ½ acre non-conforming lot with 100-feet of frontage. He is requesting a side line variance that would put the addition 11-feet from the left side line. Chairman Byrne asked for a hardship. Mr. Strachan stated the hardship is his desire to remain in this house in this neighborhood. D. Michaud asked if there is any other location on the property where this addition can be constructed. Mr. Strachan stated there is none. G. Havican confirmed the existing house is a 3-bedroom with a one car attached garage. Mr. Strachan stated with the addition, he would have 4 bedrooms with a 2-car garage. The existing house has 2,200 square feet. Mr. Strachan stated he forgot to bring the Certificate of Mailings receipts but will provide them to the Land use Office tomorrow. The addition is for a one-car garage with an above bedroom. Chairman Byrne asked for comments from the public. Darren Bedard, 24 Hemlock Road owns the property to the left of the Strachans. He is questioning whether the location of his common side boundary line with the Strachans is accurately shown on the Strachan's map. He is concerned that if approved, the addition may be closer to his property than presented in this application. Adelle Gray, 192 Cook Road is concerned with water runoff resulting from this addition. Mr. Strachan stated he is aware of this water problem and intends to correct it. Al DeMagistris, 2 Meadow Lane is in favor of the variance. With no further comments from the public and no additional comments from the Board, the public hearing was closed at 8:19 p.m.
New Business:
Chairman Byrne asked for a motion to place additional applications received under New Business. Motion by S. Loud, seconded by D. Jones to receive additional applications under New Business. Unanimous.
a. Matthew Butler, 12 Karyl Lane. Application for a front yard and side yard setback variance for a house addition. Mr. Butler stated he has a single story ranch with a one bay garage house. He is seeking to demolish the existing garage and re-build a new garage with a second story bedroom. The existing deck and breezeway will be eliminated. Their home is 976 square feet. The lot is 100’ wide by 150’ deep. A new septic system with a curtain drain was installed in 2001. They cannot build to the right of the home because of the septic system. Motion by N. Naujaim, seconded by D. Michaud to accept Application 10-2009 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. Unanimous. A public hearing was scheduled for Tuesday, December 22, 2009 at 7:10 p.m.
b. Chester Falkowski, 24R Cornwall Avenue. Application for a maximum size and maximum height variance for a detached building. Mr. Falkowski stated he is seeking to construct a free-standing building that would be 3,244 square feet in area with a height of 29-feet. The property is a rear lot with 3.2 acres. The hardship is that this lot is larger than average and is therefore not restricted to normal structure size requirements. Chairman Byrne asked if the structure can be placed elsewhere on the property. Mr. Falkowski stated the downhill grade of the property and location of the septic system limit where this building can be located. The structure would house various equipment and wood-working tools. Motion by C. Witkowski, seconded by D. Michaud to accept Application 11-2009 for a 2,444 square-foot variance of Section 5.2.2.1 and a 5-foot height variance of Section 5.2.2.2 for a 3,244 square-foot detached barn with a height of 29-feet. Unanimous. A public hearing was set for Tuesday, December 22, 2009 at 7:20 p.m.
c. Leonel Ferland, Jr., 43 Summit Road. Application for a side yard and maximum size variance for a detached garage. Mr. Leonel stated he is seeking to construct a 50’ x 26’ detached garage on the right side of his property. He has a one-car garage that has to be accessed over the neighbor’s property on the right. If the variances are approved, he and his neighbor will finalize a land-swap that would place this garage totally on his property with direct access from Summit Road. Motion by D. Michaud, seconded by D. Jones to accept Application 12-2009 for a 20-foot side yard setback variance of Section 3.2.4.2 and a 610-square foot variance of Section 5.2.2.1. Unanimous. A public hearing was scheduled for Tuesday, December 22, 2009 at 7:30 p.m.
Action on Applications following close of the Public Hearing:
a. Application 10-2009 of: 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 for an addition onto a non-conforming detached garage. Motion by D. Michaud, seconded by S. Loud to approve Application 10-2009 as presented. Discussion.
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