Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:15), James Lehner, Alan Havican
Alternates Present: Daniel Wallace, Donald Pomeroy
Others Present: Bill Donovan, Land Use
Inspector Memebers Absent: Lezlye Zupkus
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Chairman Hiscox seated D. Wallace for L. Zupkus and D. Pomeroy for G. Graveline.
Approval of Minutes: Motion by A. Havican, seconded by J. Lehner to approve minutes of the 3/15/00 meeting as presented with modification. Unanimous.
Correspondence:
Motion by J. Lehner, seconded by A. Havican to accept the correspondence. Unanimous.
Old Business: Regulations for Adult Entertainment Facilities. B. Donovan stated a copy of the proposed regulations for "Adult Oriented Establishments" was sent to the Town Attorney for review. Discussion was held on when to set a public hearing on the regulations. Motion by D. Pomeroy, seconded by A. Havican to set a Public Hearing on April 19, 2000 at the proposed amendment to the regulations regarding Adult Oriented Establishments. Unanimous.
Antonio Peteira, 37 Tress Road. Application for 2-Lot Resubdivision - (Lots #1-2) 54 Salem Road. The Public Hearing on this application was closed at the March 15, 2000 meeting. B. Donovan submitted a Draft Motion of Approval to the Commissioners. There were no additional comments on the application. Motion by A. Havican, seconded by D. Pomeroy to approve the application of Antonio Pereria for a 2-Lot Resubdivision - (Lots #1-2) at 54 Salem Road. Unamimous.
Chairman R. Hiscox seated G. Graveline in place of D. Pomeroy.
Public Participation: Bob Majeski, 69 Melissa Lane, submitted a proposal for implementing a new zoning ordinance regarding creating or building motorized sport vehicle course or tracks. Mr. Majeski presented a map of his neighborhood showing where a dirt bike course has been built and detailed problems with noise, trees being cut down without permission and boundary lines being moved or restaked. He and several of his neighbors feel that clear zoning regulations need to be adopted to insure that recreation of this type is done in a safe area where it will not impose upon other people. R. Hiscox stated that he has noticed an area of Melissa Lane where they're actually destroying the edge of the town road. The Commissioners agreed that dirt bikes and quads have been an ongoing problem and agreed to put discussion of the proposal on a future agenda. R. Hiscox suggested that Mr. Majeski bring his concerns to the attention of the Ordinance Subcommittee of the Town Council as well.
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 opened at 7:30 p.m. and Chairman R. Hiscox read aloud the notice of public hearing. Acknowledgement of receipt of the proposed subdivision was read from the Council of Government as the property borders the Town of Naugatuck. A letter from Chesprocott dated April 3, 2000 was read indicating results of the soil testing and site development review. Scott Poryanda, Connecticut Consulting Engineers, representing the applicant, addressed the Commission. He described the 4-lot subdivision as being a little over 7 acres, zoned RA1 on the westerly side of Peach Orchard Road. There is an existing home on Lot 4. Each lot will be serviced by well and septic. There are no wetlands. The developer will make a payment in lieu of open space by accordance with the regulations. G. Graveline noted an error with the labeling of Lot #1 and Lot #4 on pages 1 and 2 of the subdivision maps. Mr. Poryanda indicated the correct labeling was on page 2. R. Hiscox asked whether the utilities would go underground. Mr. Poryanda stated that the two rear lots would concerned that drainage from the subdivision would not run into his property. Mr. Poryanda stated that water flow was being directed to a larger area opposite of Mr. Langdo's property. There were no other comments from the public. The public hearing was closed for the evening at 7:43 p.m. and would continue at 7:20 p.m. on April 19, 2000 to allow time for acknowledgement from Inland Wetlands and comments from the Council of Governments.
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 7:45 p.m. Chairman R. Hiscox noted that a Site Walk was held on March 19, 2000 at 200 Coachlight Circle to review offsite drainage. Scott Poryanda of Connecticut Consulting Engineers presented a map modifying the grading of Lots 52, 53, 54, & 55 to divert the water from those lots to a different drainage basin. Roof Leaders would not be tied into storm drains; the water disperse out on to lawns. Attorney Kevin Hecht representing Mrs. Charlotte Dunn, 209 Straitsville Road, questioned the drainage routes on all phases of Tradition Estates. Attorney Warren Hess, representing the applicant, stated that the drainage complies with the regulations, even exceeding what is required, there is no increase in runoff and the Hydraulic Report for this project supports that. He stated the site walk evidence pre- existing runoff and activity on the Dunn property may have changed a watercourse. Attorney Hecht asked whether an Inland Wetlands Permit had been approved for Phase IV. Mr. Poryanda stated this phase was not in a regulated area. Attorney Hecht questioned Mr. Poryanda regarding pre- development and post-development calculations on the Hydaulic Report submitted for Phase III and IV, suggested that either the calculations or the conditions were wrong because what was an intermittent flow is now a continuous flow. Mr. Poryanda stated that the flow has remained the same. The arial photo shown at the last meeting was not available, but Mr. Poryanda clarified that what was indicated as a possible mistake as a possible mistake as to the location of a watercourse at least the last meeting, was actually just a dark area. Before the public was invited to speak, R. Hisocx stated that comments being made should be in reference to Phase IV of the subdivision. Attorney Hecht stated that for the Commission to allow and approve a development that puts additional water into a detention basin, which is then discharged into the intermitted watercourse that flows on the Dunn property, exacerbates the current problem and the Commission would be responsible William Dunn, 209 Straitsville Road, presented the Commission with two sets of photos. The first taken on September 19, 1999 and the second taken on March 16 & 17, 2000 showing the flooding which occurred on those dates in the area of an 8" pipe which crosses over a pathway and a trailer which has been used for storage on his property. Mr. Dunn stated that there was never water past the trailer prior to the development. They would not have parked a trailer in a stream. Mr. Dunn also stated that the implications that the land had been filled in were not true and that he had contacted the D.E.P. to look into the drainage problem. He mentioned a concern over people walking the property without permission as well. Charlotte Dunn, 209 Straitsville Road, stated that in the past 37 years she has never seen water flowing through the property as it does now. She felt the site walk was intimidating with questions of what had been done on her property rather than looking at what the water from the retention pond had caused. Mrs. Dunn also stated that nothing was filled in on their land. Dunn family members Diane Webster, 29 Meadowbrook Lane, and Christine Warren, 69 Kingswood Drive, Naugatuck, spoke regarding the years they grew up on the property riding horses and dune buggies and they never saw the water problem that exists now. Kim Nevell, 708 Higganmum Road, Durham, had kept horses on the property for 13 years. She stated the area in question may have been mushy at times but did not have running water on it as it does now. Susan Lemmer, 509 Emmett Street, Bristol, stated the Dunn's are honest, hardworking, church-going people. Their property has been damaged, they can't build on it and they just want what's fair. Daine Withstandley, 108 Clark Road, Naugatuck, used to keep her children's ponies on the property and the children were never covered with mud. When she walks the property now, the area is covered with mud, ice flows below the trailer and you have to climb over streams that were not there before. Jim Warren, 69 Kingswood Dr., Naugatuck, stated that he towed the trailer shown in the photos to where it's situated now 5 years ago and the area was not wet. He sees an enormous amount of siltation in that area and questioned whether the siltation going into the wetlands has to be addressed. Mr. Warren stated there was no digging out of filling in when he towed the trailer to the site. Attorney Hecht summarized the comments made by the public by restating that there had been no filling in or regrading on the Dunn property, there has been a substantial increase in the water flow onto the property post-development, and he questioned again whether Wetlands permit is necessary for this phase of the subdivision. He further stated that Mrs. Dunn has no desire to prohibit development of this property, she would just like to reclaim her land so that it is in the condition that it was pre-development. Attorney Hecht feels it would be inappropriate for the Commission to approve this application if it will exacerbate the existing problem. Attorney Hess restated that the applicant feels the drainage system conforms to the regulations. The Town's engineers as well as the applicant's engineers approved the entire storm water management plan. The applicant is willing to request an extension of the public hearing in order to review with the Town's engineers any changes might need to be made to work this problem out. The Commissioners agreed to an extension of the Public Hearing. Attorney Hecht asked that Mrs. Dunn is contacted prior to anyone walking her property. The Public Hearing was closed for the evening at 9:10 p.m. and would be continued on 4/19/00 at 8:oo p.m.
New Business: Kathleen Christiano, 598 Maple Hill Road, Naugatuck. Application for a Home Occupation Permit for Health & Fitness for Woman, 27 Platt Drive. Mrs. Christiano stated she had been denied previously for a Home Occupation Permit because she was not a property owner at the time. She now owns property at 27 Platt Drive, is building a home and would like to provide personal training for women on an individual and small group basis, consisting of post- rehabilitation and conditioning, including karate, kick-boxing, dancing through pregnancy, step aerobics, tai-chi and massage therapy. She has been in business in Naugatuck for the past 20 years and generally schedules one client at a time from 6:30 a.m. to 5:00 p.m. She would like to offer small classes of 8-10 clients three days a week from 5:45 p.m. to 7:15 p.m. Her property is large enough to offer adequate off street parking. R. Hiscox stated the concern would be whether this would constitute a home occupation or a business being run in a residential area. He also asked if a site plan was available indicating the location of the home and the parking area on the property. G. Graveline asked whether the neighbors should be notified that Mrs. Christiano was applying for a Home Occupation Permit because of the potential for traffic and as a courtesy. Motion by A. Havican, seconded by G. Graveline to accept the application of Kathleen Christiano for a Home Occupation Permit at 27 Platt Drive with the stipulation that a site plan be brought in at the 4/19/00 meeting. Unanimous.
Land Use Inspector's Report: B. Donovan reminded the Commissioners that the Charter Revision Committee was holding a Public Hearing on 4/11/00 at 7:30 p.m. There are copies of the existing charter available in the Town Clerk's office. The Commissioners discussed the concerns of homeowners on Melissa Lane with regards to the request for regulations dealing with motorized sport vehicle courses or tracks. It was agreed to add discussion on the regulations to the next agenda. Motion by A. Havican, seconded by J. Lehner to accept the Land Use Inspector's Report. Unanimous.
Plan of Conservation & Development: The Commissioners did not feel it was necessary to go into Executive Session to review the applicant qualifications for the Town Planning Consultant position. R. Hiscox asked for comments on the applicants. All were in agreement that the firm of Harrell-Michalowski Commissioners in updating the Plan of Development. Their firm has worked in this area before, their office is closed by the owners do the work themselves. Motion by J. Lehner, seconded by A. Havican Comprehensive Plan of Development. Unanimous.
Public Participation: None
Motion by A. Havican, seconded by G. Graveline to adjourn at 9:50 p.m. Unanimous.