Board Members Present: Chairman Robert Hiscox, James Lehner, Alan Havican
Alternates Present: Daniel Wallace (7:07)
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Gil Graveline, Lezlye Zupkus, Donald Pomeroy (Alternate)
Chairman R. Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. Chairman R. Hiscox seated D. Wallace for L. Zupkus at 7:07 p.m.
Approval of Minutes: Motion by A. Havican, seconded by J. Lehner to approve minutes of the 5/17/00 meeting as amended. Unanimous.
Correspondence:
Motion by A. Havican, seconded by J. Lehner to accept the correspondence. Unanimous.
Public Participation: Anthony Barzydlo, 73 Melissa Lane, asked for an update on the problem with the dirt bikes in his neighborhood. Chairman Hiscox stated that the Town Attorney was looking into whether there are other towns who have regulations regarding dirt bike courses. The Commissioners would be discussing that issue later in the meeting.
Old Business:
a. Ralph DeLeo, Trustee, 12 Aspetuck Avenue, New Milford, CT. Application to Amend Zoning Regulations to Add Provisions for Medical Facilities & Adult Day Care Facilities. The public hearing on this application was closed at the May 17, 2000 meeting. Chairman Hiscox asked B. Donovan to put together a draft of the proposed regulation amendments, making changes as noted in the approved minutes of May 17, 2000. The Commissioners were satisfied with the changes discussed at the previous meeting. No action was taken.
b. Proposed Regulations for Motorized Sport Vehicle Courses or Tracks. B. Donovan stated that according to the Council of Governments and Regional Planning Association there are no available regulations or ordinances on this issue. The Town Attorney indicated to B. Donovan that there are three options that the Commission could consider. The first option is to issue a cease and desist order, as the use of all-terrain vehicles in a residential area is neither an acceptable use of the property nor a permitted accessory use under the Town's zoning regulations. The second would be to direct the Town Attorney to file an injunction through the court system. The third option is to pass an ordinance regulating this type of activity. Discussion was held on the three options.
Public Hearing:
a. Roland Veronneau, 105 Waterbury Road. Application to Amend Zoning Regulations, Section 300 - Uses by District, to add Tanning Salon and Manicure. The public hearing opened at 7:37 p.m. Chairman Hiscox read aloud the Notice of Public Hearing as it appeared in the Waterbury Republican American. An Acknowledgement of Receipt dated June 5, 2000 from Virginia Mason, Senior Planner, Council of Governments of the Central Naugatuck Valley was also read. Jamie O'Brien, 5 Saddle Rock Road, Waterbury, representing the applicant presented a statement briefly describing the nature of a tanning salon including a definition. She also submitted letters from local business owners stating they had no objection to the addition of a tanning salon at the Prospect Country Plaza. Chairman Hiscox stated that this application was only to consider adding the definition of a Tanning Salon to the regulations. The applicant would still need to apply for a zoning permit. The definition read, "A business utilizing florescent lamps that produce controlled proportions of ultraviolet rays to create a natural looking body tan." The Commissioners held discussion on the nature of a tanning salon with the applicant. There were no other comments from the public. B. Donovan stated that Virginia Mason indicated to him that she would not be sending a response, so it is not necessary to wait the 35 days. Bill also stated that a special permit would not be required for this use in a General Commercial zone. Motion by J. Lehner, seconded by A. Havican to close the public hearing at 8:51 p.m. Unanimous. The Commissioners discussed the application. Motion by J. Lehner, seconded by A. Havican to amend the regulations to add Tanning Salon under Section 300, Uses by District. Unanimous. Motion by A. Havican, seconded by J. Lehner to set an effective date of July 1, 2000 for the regulation change. Unanimous.
Old Business:
a. Prosposed Regulations for Motorized Sport Vehicle Courses or Tracks. Discussion was continued from earlier in the meeting. In response to several residents complaints regarding the operation of all-terrain vehicles in the Melissa Lane area, Chairman Hiscox felt that a Cease and Desist order should be issued, noting that this is neither a permitted use nor an acceptable accessory use of residential property as defined in the Town of Prospect's zoning regulations. The other Commissioners agreed. Motion made by A. Havican, seconded by J. Lehner to direct Bill Donovan to issue a Cease and Desist for the use of all- terrain vehicles on residential properties in the Melissa Lane area. Unanimous.
Land Use Inspector's Report: Chairman Hiscox read a letter from Prospect Development, Inc., requesting the release of the $7,500.00 site improvement bond for Ashley Hills Subdivision, Lot 40A-40B Bronson Road. B. Donovan submitted a letter from himself and Gene McCarthy, Assistant Director of Public Works, stating that they had no objection to the release of this bond. Motion by J. Lehner, seconded by A. Havican to approve the request of Prospect Development, Inc., to release the $7,500.00 bond for Ashley Hills Subdivision, Lot 40A-40B Bronson Road. Unanimous. B. Donovan submitted a letter received by R.S.C. Development Group, LLC, requesting a waiver of the bond requirement for Lucas Estates Subdivision as most of the site development work has already been completed and approved by Town staff. Chairman Hiscox read a letter from B. Donovan and Gene McCarthy verifying that most of the site development work has been completed and approved and they would have no objection to waiving the bond requirement for this subdivision. Motion by J. Lehner, seconded by D. Wallace to waive the bond requirement for Lucas Estates Subdivision, Peach Orchard Road. Unanimous. B. Donovan distributed copies of the new regulations on Adult Entertainment Facilities to the Commissioners. Bill suggested that the Commissioners set a public meeting immediately following the next regular meeting of the Planning and Zoning Commission in order for Harrall-Michalowski Associates to give a basic overview on updating the Town's Plan of Conservation and Development and also allow the public an opportunity to comment and offer suggestions. Motion by A. Havican, seconded by J. Lehner to schedule a public meeting on the Plan of Conservation and Development on June 21, 2000 at 8:00 p.m. Unanimous. Motion by A. Havican, seconded by J. Lehner to accept the Land Use Inspector's Report. Unanimous.
Public Participation: None
Motion by A. Havican, seconded by J. Lehner to adjourn at 8:40 p.m. Unanimous.