Approval of Minutes: Motion by D. Pomeroy, seconded by A. Havican to approve the minutes of the November 15, 2000 meeting as presented. Unanimous.
Correspondence:
Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: Marie Della Bella, 8 Orchard Drive, stated her opposition to extending stockade fencing at 72-74 Waterbury Road. Harry Rich, 2 Spruce Drive, stated that his neighbor, Mr. Dupre, has installed a 6" pipe which routes water drainage from Mr. Dupre's roof gutters to Mr. Rich's property that is causing Mr. Rich's back yard to flood. Bill Donovan stated that it was a building code issue and that the building inspector is aware of the problem. The Commissioners instructed Bill Donovan to write a letter to the Building Inspector to insure that Mr. Dupre corrects the problem. Jane Fowler, 6 Maria Hotchkiss Road, read a statement in opposition of a car wash on Route 69, citing her concerns with increased traffic, the environment and overall aesthetics in that area of Town. Anne Mascoli, 96 Waterbury Road, Elizabeth Dreher, 2 Stonefield Drive and Kathy Wilcox, 88 Waterbury Road, agreed with Mrs. Fowler. Marie Della Bella stated that there is a common concern among the residents who live along Route 69 regarding the adverse affects on the character of their neighborhood with the addition of more and more businesses. Jane Fowler agreed and added that it seems as if development is more important than the Town's residents. Chairman Hiscox and G. Graveline explained to the audience that the application before the Commission was simply for a change in the regulations to allow a car wash facility as a permitted use in a General Commercial Zone.
b. Joseph Commendatore, 33 Clark Hill Road. Application to Amend the Regulations to Add Car Wash Facility as a Permitted Use in a CG Zone. The public hearing on this application was closed at the November 15, 2000 meeting. Chairman Hiscox read a Suggested Definition and Placement of Proposed Amendment to Zoning Regulations Allowing "Car Wash Facility" as a Permitted Use in a CG Zone as prepared by Bill Donovan. The Commissioners amended the definition of "Car Wash Facility" to read "A car washing and cleaning establishment equipped to wash automobiles, pick-up trucks and small vans. The car wash equipment shall be fully automatic with systems capable of complete recycling of all wash waters utilized on site. Such a facility will be fully attended during hours of operation." B. Donovan stated that any additional licenses by the D.O.T. and the D.E.P. would be the responsibility of the applicant. The Commissioners reviewed with B. Donovan where CG zones are located within the Town. Motion by G. Graveline, seconded by D. Pomeroy to approve an amendment to the regulations to add "Car Wash Facility" as defined as a permitted use in a CG zone. Under discussion, Chairman Hiscox stated he was in favor of the amendment as it goes along with the Town's Plan of Development and the applicant's right to utilize his property. G. Graveline stated he felt it was important to have such a facility fully attended during hours of operation. D. Pomeroy stated that the amendment was not site specific and felt that a car wash would benefit the community as a whole. The vote was Unanimous in favor of the motion.
c. Thomas Battiste, 40B Bronson Road. Application for Zone Change from Residential to Industrial. Chairman Hiscox stated that the Public Hearing on this application was closed at the November 1, 2000 meeting and called for a brief recess with B. Donovan the proper procedures in voting on this application due to a petition submitted by abutting neighbors. The meeting recessed at 8:25 p.m. and reconvened at 8:29 p.m. L. Zupkus excused herself from voting on this application because she did not have the necessary knowledge to make a decision. Chairman Hiscox seated D. Wallace in place of L. Zupkus for the vote on this application. Motion By D. Pomeroy, seconded by G. Graveline to approve the application for a zone change from Residential to Industrial for property located at 40B Broson Road. Under discussion, G. Graveline stated that he was glad to see the business owners come out in support of the change because of thier concerns for residential traffic going through an industrial park. G. Graveline also stated that it was obvious that forefathers took great pains to land lock this parcel so there would be no other viable access other than through the industrial park, referring to the spite strip at the end of Rozum Circle. D. Pomeroy agreed that when Rozum Circle was developed, prior to zoning, the developer specifically prevented any further access to this particular site and, consequently, because acess is limited only from the end of an industrial park cul de sac, feels that the best use of the property would be industrial. D. Pomeroy also stated for the record that care should be taken not to landlock 40A Bronson Road when a site plan is presented for 40B Bronson Road. Chairman Hiscox felt that it make sense to approve the zone change and stated that the Planning & Zoning Commission would have control over any proposed site plan to provide sufficient buffer zones so as not to cause any severe hardships as mentioned by the neighbors. A. Havican felt that the residents had valid concerns and the Commissioners had an obligation to listen to them. B. Donovan reminded the Commissioners that there are other residential uses in the Regulations other than single family homes, such as municipal buildings, low income housing, churches, and parks. The Commissioners gave as reasons for the approval that the change fits with the Town's Plan of Development, the rights of the owner to develop his land and the Town's need for industrial growth. The vote was 4-1 In Favor of the motion, with D. Pomeroy, G. Graveline, R. Hiscox and D. Wallace in favor and A. Havican against.
Public Hearing: None
Land Use Inspector's Report: B. Donovan distributed a fact sheet from the Quinnipac River Water Commission and stated that the Commission is willing to offer assistance in reviewing applications brought before the land use boards to help ensure the long term health and well-being of the Quinnipiac River watershed. There will be a Land Trust meeting on January 24, 2001 with a newly formed Land Acquisition Review Committee for the Town and representatives of the Land for Public Trust. A bond reduction request was received by A.C.E. Development Group, LLC. Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy, Assistant Director of Public Works, recommending a bond reduction for Tradition Estates Subdivision, Phase IV, to a 10% retainer of $15,000.00, with a condition that the work on the retention pond Phase I be completed prior to a full release of this bond. Motion by D. Pomeroy, seconded by D. Wallace to approve the bond reduction for Tradition Estates Subdivision, Phase IV, as recommended by Bill Donovan and Gene McCarthy. Unanimous.
L. Zupkus was seated in place of D. Wallace.
A bond reduction request was received from Southridge Estates Associates, LLC. Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy recommending a bond reduction for Southridge Estates Subdivision to a 10% retainer of $15,000.00. Motion by L. Zupkus, seconded by A. Havican to approve the bond reduction for Southridge Estates Subdivision as recommended by Bill Donovan and Gene McCarthy. Unanimous. A request for a final bond for Virginia Estates Subdivision was submitted. Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy recommending a full release of the remaining $4,300.00 bond for Virginia EstatesSubdivision. Motion by L. Zupkus, seconded by G. Graveline to approve a final bond release for Virginia Estates Subdivision as recommended by Bill Donovan and Gene McCarthy. Unanimous. B. Donovan suggested to the Commissioners that consideration be given to amending the fee schedule in the Regulations to require applicants to be responsible for service fees for the Town Engineer and/or the Town Attorney when seeking revisions or significant changes to the Regulations, i.e. cluster type housing. The Commissioners were in favor of proposing such a change, with the stipulation of keeping what would be charged to the applicant at the discretion of the Commissioners. Motion by L. Zupkus, seconded by G. Graveline to put forward an amendment in the Zoning Regulations to the fee schedule for professional service fees and set a public hearing for December 20, 2000 at 8:00 p.m. Unanimous. Motion by D. Pomeroy, seconded by L. Zupkus to accept the Land Use Inspector's Report. Unanimous.
Motion by A. Havican, seconded by G. Graveline to adjourn at 9:26 p.m.