Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:45), James Lehner, Lezlye Zupkus
Alternates Present: None
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Alan Havican, Donald Pomeroy (Alternate), Daniel Wallace (Alternate)
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Approval of Minutes: Motion by L. Zupkus, seconded by J. Lehner to approve minutes of the 6/21/00 meeting as presented. Unanimous.
Correspondence:
Motion by J. Lehner, seconded by L. Zupkus to accept the correspondence. Unanimous.
Public Participation: Kathy Hack, 159 Scott Road, asked for clarification that the Prospect Green Historic District was placed on the National Register of Historic Places.
Old Business: None
New Business:
b. John H. Barlow, Jr., 72-74 Waterbury Road. Site Plan Application for Car Dealership. Chairman Hiscox read a letter dated July 3, 2000 from John H. Barlow, Jr., giving permission for Vincent Jr. and/or William J. LoRusso to act as agent for this application. A copy of the Prospect Zoning Board of Appeals Notice of Approval was also read indicating the approval of the location per Section 14-54 and 14-55 of the State Statutes for dealing in or repairing motor vehicles. Terry Meyers, of Meyers Associates, P.C., presented the site plan on behalf of William LoRusso for a proposed car sales, repair and rental operation at 72-74 Waterbury Road. Exterior improvements would be made on the existing building, and the rear portion of the building would be used for this car dealership. The applicant is proposing to rent the front portion of the building as retail space. Motion by L. Zupkus, seconded by J. Lehner to accept the site plan application for a car sales, repair and rental operation at 72-74 Waterbury Road and set the application fee at $75.00 and $10.00. Unanimous.
a. Town of Prospect, Section 8-24. Proposed Purchase of Property at 13-13A Center Street & 215 Cheshire Road. Mayor Robert Chatfield presented a request for approval under Section 8-24 of the Connecticut General Statutes for the possible purchase of land by the Town of Prospect. The properties were identified as Lot 13 & 13A Center Street on Assessor’s Map 110 and Lot 215 Cheshire Road on Assessor’s Map 118. The proposed purchases will be presented at a Special Town Meeting to be held on July 18, 2000. Motion by L. Zupkus, seconded by J. Lehner to approve the possible purchase of land by the Town of Prospect as requested by Mayor Chatfield under Section 8-24 of the Connecticut General Statutes. Unanimous.
Public Hearing: Jack L. & James D. Crumb, 129 Union City Road. Application for Zone Change from Industrial to GeneralCommercial. The public hearing was opened at 7:30 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American and a letter dated July 3, 2000 sent by Michael & Diane DiPietro, 7 Buckley Lane. Mr. & Mrs. DiPietro are opposed to the zone change because of persistent flooding problems in the area and they submitted documentation outlining the problems that have been present for several years. Chairman Hiscox asked for any comments from the public. Stacey Doerrer, 1 Buckley Lane, was opposed to the zone change stating she wants to keep the 100-foot buffer as required with Industrial zoned properties. Helene Masone, 135 Union City Road, spoke against the zone change stating she would prefer to see an industrial type business rather than a commercial business. She also mentioned the drainage problems that have been ongoing for several years. Jack Crumb addressed the water drainage issue stating that the problem doesn’t originate on his property and if his property were developed it may help the situation. Mr. Crumb explained that the only access to this property was from Route 68 and the current 100-foot buffer requirement limits the area of land that can be developed. He feels the property would fit better as a Commercial zone. He indicated the possibility of opening a day care center if the zone change was granted. There were no other comments from the public. Motion by J. Lehner, seconded by L. Zupkus to close the public hearing at 7:45 p.m. Unanimous.
New Business:
c. Tom DeLeon & Jami O’Brien, Prospect Country Plaza, Route 69. Change of Commercial Use – Tanning Salon. Jami O’Brien presented a site plan approved by Chesprocott for a tanning salon to be located at the Prospect Country Plaza. There would be a maximum of 12 people per hour. There is adequate parking. All beds have timers and parental consent would be required for any person under 18 years old. A sign would be put in a slot on the existing sign pole at the plaza as well as on the building where the salon would be located. Motion by L. Zupkus, seconded by G. Graveline to accept and approve the site plan for a tanning salon at the Prospect Country Plaza as presented. Unanimous.
d. Paint Ball Adventure Games, 54A Talmadge Hill Road. Amendment to "Motion of Approval". Peter DaDonna presented an application to construct a 10’ x 20’ canopy at 54A Talmadge Hill Road to serve as a shelter for patrons. The canopy could be taken down at the end of the season and reconstructed in the spring. Mr. DaDonna also requested permission to extend the hours of operation to include Friday night from 6:00 p.m. to 10:00 p.m. to operate speed ball games. Chairman Hiscox suggested that Mr. DaDonna bring a site plan to the next meeting indicating the location of the playing field in comparison to neighboring properties, as well as how he will handle the issue of lighting the playing field. Motion by G. Graveline, seconded by L. Zupkus to accept the application of Paint Ball Adventure Games to erect a seasonal shelter and extend the hours of operation as presented with adjustments. Unanimous.
Land Use Inspector’s Report: Copies of the regulation amendments for Tanning Salon, Adult Day Care and Medical Facility were distributed. B. Donovan discussed a Cease and Desist order issued to Mr. Monopoli on Straitsville Road, explaining that Mr. Monopoli has made no attempt to comply. The town attorney is asking for confirmation from the Commission that Mr. Monopoli should be charged with contempt of court, which would carry possible fines, imprisonment or both. The Commissioners agreed that they were committed to following through with the Cease and Desist order. Bill suggested that the Commissioners consider adopting regulations for Day Care Centers in order to have some type of parameters for such facilities. Motion by J. Lehner, seconded by L. Zupkus to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: Marie Della Bella, 8 Orchard Drive, stated her opposition to the application presented by Mr. LoRusso for car rentals, sales and repairs at 72-74 Waterbury Road. She cited traffic, safety and environmental concerns, as well as a deed restriction that states the property is to remain residential. Mr. LoRusso submitted a letter dated July 5, 2000 from Attorney Francis Grady indicating that the statute of limitations on enforcement of the private deed restriction pertaining to this property has expired. Edward Davis, 6 Orchard Drive, asked Mr. LoRusso whether post office employees would still be allowed to park in the rear of the building and Mr. LoRusso stated they probably would. Bonnie Davis, 6 Orchard Drive, stated that the property at 74 Waterbury Road is rather small for operating potentially four different businesses. Kathy Hack, 159 Scott Road, stated that the Commissioners should have a letter from the owner of 54A Talmadge Hill Road, giving his consent to the application for extended hours and construction of a canopy on that property. The Commissioners asked Mr. DaDonna to obtain a letter from the property owner giving permission for him to act as agent on this application.
Motion by J. Lehner, seconded by L. Zupkus to adjourn at 9:15 p.m. Unanimous.
Robert Hiscox