Board Members Present: Chairman Robert Hiscox, James Lehner (7:04), Lezlye Zupkus, Alan Havican
Alternates Present: Daniel Wallace (7:04), Donald Pomeroy
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Gil Graveline
Chairman R. Hiscox called the meeting to order at 7:01 p.m. The meeting was taped. Chairman R. Hiscox seated D. Pomeroy for G. Graveline.
Approval of Minutes: Motion by D. Pomeroy, seconded by L. Zupkus to approve minutes of the 4/05/00 meeting as presented. Unanimous.
Correspondence:
Motion by L. Zupkus, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: Mike Logiudice, 29 Platt Drive, submitted a letter with 29 signatures of Platt Drive and Brookwood Court residents which Chairman R. Hiscox read aloud, stating opposition to the application for a Home Occupation Permit submitted by Kathleen Christiano. Linda Hartnett, 11 Platt Drive submitted a letter also opposing this permit. Paula Stolzman, 4 Platt Drive, presented a plan of the original Platt Drive Subdivision that she said made no mention of Home Occupation Businesses. The area is zoned residential and she is opposed to the permit being issued. Flo Hansen, 32 Platt Drive, said she moved from Naugatuck to get away from cluster houses on small lots and congestion. Ms. Hansen strongly feels that approval of the Home Occupation Permit would have a great impact on her neighborhood. Mayor Robert Chatfield, 25 Cornwall Avenue, submitted a request for approval under Section 8-24 of the Connecticut General Statutes for the 2000 Road Safety Program for the Town of Prospect, driveway and site lighting for the Hotchkiss House and landscaping and paving at the new Senior Center. Mayor Chatfield also commented on the Home Occupation Permit application. He suggested that one of the empty storefronts in the center of town might be a more appropriate place for the business. Steve Ostrander, 8 Platt Drive, stated that he wasn't necessarily opposed to home occupation, but the parking lot proposed for the Christiano property and the tractor-trailer parked on their property was cause for concern. He agreed with the Mayor that a storefront in the center of Town might be more suitable. Kathleen Christiano, 598 Maple Hill Road, Naugatuck, presented a site plan of her proposed house and parking plan as the Commissioner had requested at the last meeting. The parking area is designed to accommodate 8-10 cars behind the house, off the street and out of sight. She stated the large parking area would be needed to accommodate her family with 4 grown children and their significant others. The tractor-trailer currently parked on their lot belongs to her husband and is there temporarily to store their furniture. Mrs. Christiano submitted letters from the Naugatuck Police Department and 2 neighbors in Naugatuck, Linda Lanham and Celia Tata, indicating that there have been no disturbances or traffic problems with regards to Mrs. Christiano's business in Naugatuck. A letter from Mark & Joan Chevrier, 41 Platt Drive, was submitted stating that they have no objection to the Home Occupation Permit being approved. Copies of various certifications, letters from clients attesting to Mrs. Christiano's professionalism, a letter dated 4/12/00 from Chesprocott Health District granting their approval of this site plan, proof of liability insurance for the business and a copy of a letter written by Bill Donovan dated 12/6/99 were submitted and read into the record. Mrs. Christiano read a statement indicating her willingness to work with the Commission and her neighbors to stay in compliance with the regulations and not cause any disruption in the neighborhood with added traffic. She asked that her application be approved for one year with re-evaluation at the end of that year. Beginning in September 2000. Lorraine Centrella, 89 Cheshire Road, spoke as a client of Club Aerobicise, stating that Mrs. Christiano is honest and hardworking, willingly downsizing the number of clients and rearranging her schedule to accommodate children in the area. Mrs. Centrella feels allowing this Home Occupation Permit would be a benefit to the people of Prospect.
Public Hearings: R.S.C. Development Group, LLC, 38 Blue Trail Drive, Application for 4-Lot Subdivision - Lucas Estates, 9 Peach Orchard Road. The public hearing was continues from 4/5/00 at 7:38 p.m. A copy of the Inland Wetlands Commission unapproved minutes of 4/10/00 was submitted along with a memo from Bill Donovan that confirmed Wetlands approval for this proposed subdivision is not required. Also submitted was a copy of the Naugatuck Planning Commission minutes of 4/3/00 indicating that they have no objections on the proposed subdivision. B. Donovan stated that Virginia Mason, Senior Planner for the Council of Governments informed him that she would not be sending a response regarding this proposed subdivision. The acknowledgement of receipt from the Council of Governments noted at the 4/5/00 public hearing would serve as proof of compliance with the statutes. There were no comments from the public. The public hearing was closed at 7:40 p.m.
Proposed Amendment to the Regulations - Adult Oriented Establishments. The public hearing was opened at 7:40 p.m. Chairman R. Hiscox read aloud the Notice of Public Hearing as it appeared in the Waterbury Republican American. Staff recommendations noted in a Zoning Referral dated 4/12/00 from Virginia Mason, Senior Planner for the Council of Governments, were read aloud. B. Donovan gave a brief overview of the proposed amendment. He stated that the Commission has not had any applications for such an establishment, but believes that the Town should take a proactive stance on the matter. The proposed regulations would provide control over issues such as where these establishments could be located, the hours of operations, as well as regulate signs and lighting. A map was shown indicating two areas in Town (one off of Scott Road near the Waterbury town line and one off of Industrial Road) where such establishments could be allowed using the proposed buffer distance of 600 feet from a residential zone, 600 feet from adjoining municipalities, and 1,000 feet from any public gathering place, such as schools, churches and town buildings. The proposed amendment is being reviewed by the Town Attorney. The public was invited to comment. Mayor Robert Chatfield, 25 Cornwall Avenue, stated he supports the proposed regulations and asked the Commission to make them stricter if possible. He feels an establishment of this type would deter from moving into town. Steve Ostrander, 8 Platt Drive, agreed with the Mayor's comments. Lorraine Centrella, 89 Cheshire Road, stated these types of establishments go against what is decent and should not be allowed in Town at all. R. Hiscox replied that, constitutionally, we could not exclude this type of business from opening in Town. D. Pomeroy stated that with no regulations, the field is wide open, which is why the Commission is taking action now. B. Donovan stated it would be a violation of freedom of speech if the Town were to ban this type of establishment altogether. There were no other comments from the public. The public hearing was closed for the evening at 7:57 p.m. and would continue on 5/3/00 at 8:00 p.m.
A.C.E. Development Group, LLC, 12 Straitsville Road. Application for 9-Lot Subdivision - Tradition Estates, Phase IV, 200 Coachlight Circle. This public hearing was continued from 3/1/00 with an extension and was opened at 7:58 p.m. Chairman R. Hiscox read a letter, dated 4/18/00, requesting that the public hearing be extended to 5/3/00 from Attorney Warren Hess who is representing the applicant. A letter regarding stormwater management and off-site impacts for Tradition Estates - Phase III & IV from David Carson, Managing Partner of OCC Design Consortium, LLC, dated 4/18/00 was read into the record as well. The Commissioners agreed to extend the public hearing to 5/3/00 at 7:30 p.m. The public hearing was closed for the evening at 8:07 p.m.
Old Business: Kathleen Christiano, 598 Maple Hill Road, Nauguatuck. Application for a Home Occupation Permit for Health & Fitness for Women, 27 Platt Drive. This application was accepted at the 4/5/00 meeting. R. Hiscox noted that the Commission has 65 days to act on the application. During public participation Mrs. Christiano had presented a site plan, as requested at the last meeting, and Chesprocott has approved the site plan. D. Pomeroy noted that Mrs. Christiano's statement under public participation referring to the "Town Council" should actually be referring to the "Planning and Zoning Commission". R. Hiscox noted that correspondence received during public participation mentioning a zoning change was incorrect. This application is for a Home Occupation Permit and there are regulations that need to be adhered to. R. Hiscox expressed his concern with crossing the line between a business and a home occupation, taking into consideration the number of additional cars in the neighborhood. The Commission would hold further discussion on the application at the next meeting.
New Business: Robert Skrip, 104 Cheshire Road. Application for an Addition to Existing Building. Mr. Skrip presented a site plan showing a proposed addition to the rear of the existing building at 104 Cheshire Road to allow for more garage and office space. The property is zoned commercial, there are no wetlands involved and the Zoning Board of Appeals has granted a right-side variance. There would be no change in the type of business being provided. The area behind the building that is currently gravel will be paved. Drainage would be piped to the road to an existing storm drain. B. Donovan stated that the Commission in the past has reduced the normal application fee of $250.00 to $150.00 if review by the Town engineer is not necessary. Motion by L. Zupkus, seconded by J. Lehner to accept the application of Robert Skrip for an addition to an existing building at 104 Cheshire Road, with a reduced fee, as has been past practice when Town engineering service are not necessary, from $250.00 and $10.00 to $150.00 to $10.00. Unanimous. Motion by D. Pomeroy, seconded by A. Havican to approve the application of Robert Skrip for an addition to an existing building at 104 Cheshire Road. Unanimous.
Marie & Bob Schlump, 52 Waterbury Road. Application for Change of Commercial Use - Gift Shop. Mr. & Mrs. Schlump presented an application to allow for a change of commercial use for a retail gift shop, carrying invitations, stationery, greeting cards, home décor and related items. The hours of operation would generally be from 9:00 a.m. to 6:00 p.m. with the exception of one evening per week that they would operate business until 8:00 or 9:00 p.m. Applicable fees have been paid. An authorization letter from the property owners were submitted.Motion by A. Havican, seconded by L. Zupkus to accept the application of Marie & Bob Schlump for a change of use from Deli to Gift Shop at 52 Waterbury Road. Unanimous. Motion by D. Pomeroy, seconded by L. Zupkus to approve the application of Marie & Bob Schlump for a change of use from Deli Shop at 52 Waterbury Road. Unanimous.
Ralph DeLeo, Trustee, 166 Waterbury Road. Application to Change Existing Industrial Zone to General Commercial. Attorney Thomas Porzio, representing the applicant, presented the application for a zone change on approximately 8 acres of land situated in Prospect on the Waterbury line which is part of a larger piece of land being proposed for a mature adult community. B. Donovan stated that abutting properties along Waterbury Road are zoned commercial up to Maria Hotchkiss Road. Terry Meyers, of Terry Meyers Engineer, stated that this parcel had been zoned commercial and then changed to industrial, however no one was sure why. The applicant would like to put it back to commercial. Application fees were paid and an authorization letter was submitted. Motion by J. Lehner, seconded by A. Havican to accept the application of Ralph DeLeo, Trustee, for a zone change from Industrial to General Commercial for property located at 166 Waterbury Road. Unanimous. A public hearing was set for 5/3/00 at 8:15 p.m.
Ralph DeLeo, Trustee, 12 Aspetuck Avenue, New Milford, CT. Application to Amend Zoning Regulations to Add Provisions for Medical & Adult Day Care Facilities. Attorney Thomas Porzio, representing the applicant, presented the application for an amendment to Prospect's Zoning Regulations to allow for Medical Facilities and Adult Day Care Facilities. Attorney Porzio included with the application the proposed amendments as Section 360 and 370, outlining the terms and conditions of said operations, proposed definitions of "Adult Day Care Center" and "Medical Facility" and the proposed use tables at Section 300 of the zoning ordinances. Application fees were paid and an authorization letter was submitted. Motion by D. Pomeroy, seconded by L. Zupkus to accept the application of Ralph DeLeo, Trustee, for a proposed amendment to the Zoning Regulations to allow for Medical Facilities and Adult Day Care Facilities. Unanimous. A Public hearing was set for 5/3/00 at 8:30 p.m.
Town of Prospect, 36 Center Street. Section 8-24 - Road Project. B. Hiscox read the request for approval from Mayor Robert Chatfield. Motion by A. Havican, seconded by L. Zupkus approve the request of Mayor Robert Chatfield for the 2000 Road Safety Program, driveway and site lighting for the Hotchkiss House and landscaping and paving at the new Senior Center under Section 8-24 of the Connecticut General Statutes. Unanimous.
Land Use Inspector's Report: B. Donovan presented a request for a bond reduction for Nicholas Estates Subdivision. A recommendation was submitted by Gene McCarthy and Bill Donovan that the current bond figure of $25,000.00 be reduced to $10,800.00 as the request one-year 10% retainer. Motion by D. Pomeroy, seconded by L. Zupkus to reduce the bond on Nicholas Estates Subdivision from $25,000.00 to $10,800.00 as recommended by Bill Donovan and Gene McCarthy. Unanimous. B. Donovan presented a recommendation by Gene McCarthy and Bill Donovan to set the Site Development Bond for the Pereira Subdivision, 54 Salem Road at $11,600.00. Motion by D. Pomeroy, seconded by A. Havican to set the Site Development Bond for the Pereira Subdivision, 54 Salem Road, at $11,600.00 as recommended by Bill Donovan and Gene McCarthy. Unanimous. The Commissioners briefly discussed the Tradition Estates Subdivision. B. Donovan stated that the public hearing must be closed at the next meeting or the application denied. The contract for the Town Planning Consultant has been sent to the Town attorney for review. Copies for the Commissioners will be given at the 5/3/00 meeting. B. Donovan reported that Public Works had been out to Melissa Lane and broke down some ramps that had been made for dirt bikes. B. Hiscox asked that discussion of proposed regulations for dirt bike tracks be put on the next agenda. Kathleen Christiano's application for a home occupation permit was briefly discussed. B. Hiscox asked B. Donovan to prepare a draft motion of approval for review at the next meeting. Specific items to be included are the number of clients, number of sessions per week, off-street parking and a one-year review. D. Pomeroy asked if any home occupations currently have 5 or more clients at a time. It was noted that Mrs. Christiano is looking for a workable compromise. D. Wallace asked whether allowing Adult Oriented Establishments in town might cause detraction to industry coming in as Mayor suggested, and wpndered if the issue shouldn't be looked at closer to limit adverse effects. B. Donovan stated that one purpose of the regulations would be to prevent residual effects.Motion by A. Havican, seconded by J. Lehner to accept the Land Use Inspector's Report. Unanimous.
Public Participation: Kathy Hack, 159 Scott Road, stated that we have an industrial park being proposed which is a large undertaking that could benefit the Town by increasing tax base. She asked would we be "cutting off our nose to spite our face" by allowing an adult video burlesque show to operate and deter industry from moving in. B. Donovan reiterated that we couldn't keep adult oriented establishments out of Town altogether.
Motion by J. Lehner, senconded by A. Havican to adjourn at 10:05 p.m. Unanimous