December 20, 2000
Board Members Present: Chairman Robert Hiscox, Gil Graveline, James Lehner (7:05),
Lezlye Zupkus, Alan Havican
Alternates Present: Donald Pomeroy
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Daniel Wallace
Chairman Hiscox called the meeting to order at 7:03 p.m. The meeting was taped.
Chairman Hiscox seated D. Pomeroy for J. Lehner until 7:05 p.m.
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the
minutes of the December 6, 2000 meeting as amended. Unanimous.
Correspondence:
- Letter from Gloria Santoro & Don Ruesch Opposing any Proposal to Allow a Car Wash on
Route 69.
- Letter dated December 7, 2000 to Mayor Robert J. Chatfield from the State of Connecticut
Siting Council re: Jurisdiction for Telecommunications Tower Siting.
- Letter dated December 11, 2000 from Carmody & Torrance re: the Subdivision Bond for College
Farms - Phase II, Section B.
- Inland Wetlands Commission - Approved Minutes of November 13, 2000.
- Notice of CCM Workshop on Telecommunications Towers on January 17, 2001.
- Notice of CCM & CIRMA CORE Training Workshop on the Freedom of Information Act on January
11, 2001.
- Budget Request Form for 2001-2002 Fiscal Year.
Motion by L. Zupkus, seconded by A. Havican to accept the correspondence.
Unanimous.
Public Particpation: None
Old Business:
a. Thomas Battiste, 40B Bronson Road. Application for Zone Change from Residential
to Industrial. This application for a zone change was approved at the December 6, 2000 meeting.
Chairman Hiscox stated that an effective date for the change had to be set. Motion by
G. Graveline, seconded by L. Zupkus to set the effective date as January 10, 2001 for the zone
change from Residential to Industrial for property located at 40B Bronson Road. Unanimous.
New Business:
a. Budget Request for 2001-2002 Fiscal Year. The Commissioners reviewed the
current fiscal year budget for the Planning & Zoning Commission. It was agreed that budgeted
amounts for Engineering Fees, Supplies and Meetings & Seminars were sufficient and the same
amounts would be proposed for the next fiscal year. The Commissioners discussed increasing the
Clerk's Salary. Chairman Hiscox suggested reviewing amounts paid to other board clerks,
including Region 16 Board of Education Clerk, before determining an amount for the Clerk's
salary for nextyear. Chairman Hiscox suggested that B. Donovan should order a full set of the
Assessor's current parcel maps for each of the Commissioners to aid in identifying specific
locations of various properties when reviewing applications. All Commissioners agreed it would
be extremely helpful when considering applications. Line Item #5600-04, Review Plan Dev. & PZ
Regs., was decreased to $20,000.00. The Commissioners and B. Donovan felt that amount would be
sufficient for the final phase of the review of the Town's Plan Development. Chairman Hiscox
asked B. Donovan if money should be allocated for additional computers and/or software. It was
decided that Chairman Hiscox would request that money be allocated in the Town Budget under
Computers and Process of Records to allow for purchase of a Geographic Information System
that would be implemented with information made available from updating of the Town's
Plan of Development. A final decision on the overall budget request would be made at the next
meeting after reviewing salaries of other board clerks.
Public Hearings:
a. O&G Industries, Inc., 112 Wall Street, Torrington. Application Renewal of
Special Permit at Salem & Spring Road. Chairman Hiscox opened the public hearing at 7:31 p.m. and read
the notice of public hearing as it appeared in the Waterbury Republican on December 8th & December 15th.
Chairman Hiscox noted for the record that the Commission would be discussing the possiblity of renewing the
Special Permit for O&G Industries on a biannual basis rather than annually. B. Dononvan cited Section 420-12
of the zoning regulations explaining that "no permit shall be issued by the Commission for a period exceeding
one year, but upon application a permit may be renewed by the Commission for an addition one year period".
Bill stated that the current application before the Commission could only be reviewed for one year, and suggested
that the Commissioners consider amending the regulation within the next year to add "or longer periods as
appropriate". Kenneth Faroni, Planning & Permit Coordinator for O&G Industries, Inc., reviewed the renewal
application which included maps of the proposed grading plan, certificate of insurance, a performance bond,
current complaint log, and the production blast/seismograph report for the current permit term. Mr. Faroni
requested that the special permit be renewed for one year considering the history of the site, the actions
of previous Commissions and their findings and the special permit be renewed for one year considering the
history of the site, the actions of previous Commissions and their findings and the applicant's compliance
with the permit conditions in effect as set by the Planning & Zoning Commission. Chairman Hiscox invited the
public to speak. Fred Strumpf had logged 7 different incidents since September when trespassers were on property
causing a disturbance. Mr. Strumpf asked if the alarm system had been shut down. Mr. Faroni said there might
be times when the system goes out with electrical storms but Mr. Faroni was not aware that the system was down.
The Commissioners instructed Mr. Faroni to follow up with the alarm company to insure that the alarm system is
working properly. Mr. Strumpf stated that he felt the special permit should stay with an annual renewal because
a lot can happen in a year when the plant is full operation. Mr. Strumpf also stated that there's an area near
the gate that dirt bikes are able to get through. Mr. Faroni stated he would look into blocking the area a
little better. John Tigenella, 104 Salem Road, also felt that the special permit should continue to be an
annual renewal. Mr. Tiganella stated that the neighbors have worked hard with O&G Industries to refine the
permit process and with an annual permit renewal, the neighbors have an opportunity to address their concerns
to the Commission. Adriano Silva, 133 Salem Road, stated that he believes the alarm is not working because
he had called the police two or three times this past year for disturbances on the property. There were no
further comments from the public. Motion by A. Havican, seconded by J. Lehner to close the public
hearing for the annual renewal of a special permit for O&G Industries, Inc. Unanimous. The public hearing
was closed at 8:12 p.m.
b. Amendment to Zoning Regulations Fees. Chairman Hiscox opened the public hearing at 8:14 p.m.
and read the notice of public hearing as appeared in the Waterbury Republican American on December 8th &
December 15th. Bill Donovan asked to consider amending certain sections of the exisiting fee regulations to
address a possible significant change to Prospect's regulations, primarily for a cluster type development
project for which we currently have no regualtions in place. Such applications for proposed regulation
changes need to be reviewed by the Town Engineer and the Town Attorney to consider whether it works with existing
regulations and the Town's Plan of Conservation and Development. Bill distributed copies of the breakdown of
current fees for zoning and explained that the regulations do not expand to address any potential significant
change. Bill also distributed proposed changes to help offset charges that the town could incur if the
Commission considers receiving an application for a major section in the Regulations. The Commissioners
discussed the proposed amendment to various fees in regulations as presented. D. Pomeroy stated that the
proposal was well thought out plan and liked the option for the Commissioners to waive or reduce a fee as
may be deemed appropriate. The other Commissioners agreed. Motion by J. Lehner, seconded by G. Graveline
to close the public hearing for a proposed amendment to the zoning Regulations for fees. Unanimous.
The public hearing was closed at 8:30 p.m.
The Commissioners chose to act on proposed amendment. Motion by A. Havican, seconded by J. Lehner
to approve an amendment within the fee structure of Prospect's Zoning Regulations to add additional fees for
various zoning application as presented by Bill Dononvan and set January 10, 2001 as the effective date of
the amendment.Unanimous.
Land Use Inspector's Report: B. Donovan reported that there are ongoing problems at the Sunoco
station at the intersection of Old Schoolhouse Road and Route 68 mainly with the parking of vehicles. Complaints
have been made by the Safety Committee as well as residents. Bill stated that the site is too small for the
type of operation that currently exists and that the Fire Marshal and the Resident Trooper have talked with
the owner about the problem. The owner has been trying to find alternative for parking his vehicles elsewhere,
but has not been successful. The Commissioners agreed that Bill should start formal enforcement procedures to
currect the unsafe operations at this location. A suggestion was also made to send a letter to the owner requesting
that he appeared before Planning & Zoning Commission with a revised site plan showing the current utilization
of the property. D. Pomeroy stated that the D.O.T. and the police should be doing their jobs in addressing
the safety issues as well. Chairman Hiscox stated for the record that the temporary garage at 157 Summit
Road is still up and the other garage on Summit Road, which the owner implied to B. Donovan would be removed,
had simply been moved to the rear of the lot. Motion by G. Graveline, seconded by A. Havican to accept
the Land Use Inspector's Report. Unanimous.
Public Partcipation: John Sullivan, 38 Summit Road, stated that he had concerns made for a car wash
on Route 69. Chairman Hiscox explained to Mr. Sullivan that the Commission has voted to add "car wash facility"
as a permitted in use in a Commercial Zone to Prospect's Zoning Regulations. Chairman Hiscox stated that the
Commissioners believe an application will be forthcoming for a proposed car wash, but there is nothing currently
on the agenda. Mr. Sullivan stated that as a member of the Conservation Committee he was interested in getting
detailed information on the recycling system that would be used at such a facility. Mr. Sullivan also commented
on the safety issues at the Sunoco Station on Route 68, stating that the owner takes for granted what he can
do and does as he pleases.
Motion by A. Havican, seconded by J. Lehner to adjourn at 8:54 p.m. Unanimous.
Robert Hiscox
Chairman