Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:45), James Lehner, Alan Havican
Alternates Present: Daniel Wallace, Donald Pomeroy
Others Present: None
Members Absent: Lezlye Zupkus
Chairman R. Hiscox called the meeting to order at 7:04 p.m. The meeting was taped. Chairman R. Hiscox seated D. Pomeroy for G. Graveline and D. Wallace for L. Zupkus.
Approval of Minutes: Motion by J. Lehner, seconded by A. Havican to approve minutes of the 5/3/00 meeting as amended. Unanimous.
Correspondence:
Motion by D. Pomeroy, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: Chairman R. Hiscox noted that any comments regarding topics scheduled for Public Hearings on the agenda would be heard at the scheduled time. Sue Iwinski, 35 Platt Drive, read a statement signed by thirty one (31) Platt Drive residents and one (1) Brookwood Court resident reiterating their objections to Kathleen Christiano's application for a home occupation permit. Mrs. Iwinski stated that their passionate objections were motivated by concerns for the safety of the children who reside on Platt Drive. Julianne & Justin Iwinski, 35 Platt Drive, Charlie Ostrander, 8 Platt Drive, Brendon Hartnett, 11 Platt Drive and Robert Gillis, 25 Platt Drive asked the Commissioners to keep their street the way that it is now and not allow a business to operate there. Letters were submitted and read by Chairman Hiscox from Linda Henaghen, 20 Platt Drive and Linda Brylewski, Coachlight Circle opposing the Christiano application. Gil Kirby, 12 Platt Drive, read a statement also in opposition of this application. Ralph Diorio, 18 Rockridge Terrace, agreed with the Platt Drive residents opposition of this application because he feels it will open the door for other gym-type businesses in other neighborhoods, increasing the volume of traffic and making the neighborhoods unsafe for children.
Chairman R. Hiscox seated G. Graveline in place of D. Pomeroy at 7:45 p.m.
Public Hearings:
a. Ralph DeLeo, Trustee, 166 Waterbury Road. Application to Change Existing Industrial Zone to General Commercial. This public hearing was continued from May 3, 2000 and opened at 7:45 p.m. Attorney Thomas Porzio, representing the applicant, had no additional comments. Chairman Hiscox read the Staff Recommendations dated May 11, 2000 from Virginia Mason, Senior Planner, Regional Planning Commission of the Central Naugatuck Valley. There were no comments from the public. Motion by G. Graveline, seconded by A. Havican to close the public hearing on Ralph DeLeo, Trustee, 166 Waterbury Road, for a zone change from Industrial to General Commercial. Unanimous.
b. Ralph DeLeo, Trustee, 12 Aspetuck Avenue, New Milford, CT. Application to Amend Zoning Regulations to Add Provisions for Medical Facilities & Adult Day Care Facilities. This public hearing was continued from May 3, 2000 and opened at 7:50 p.m. Attorney Thomas Porzio, representing the applicant, outlined changes made from the last meeting. Under Subsection "A" in each proposed amendment, the minimum lot area was reduced to 3 acres and indicated that other uses could be allowed on the same parcel as long as they complied with the regulations. The proposed uses would be subject to a special permit by the Planning and Zoning Commission.
Under Subsection "D", Adult Day Care Center, the phrase "per dwelling unit" was eliminated. Under Subsection "F", Adult Day Care Center, the wording was changed to read "a planting screen AND a six foot fence". Chairman Hiscox read the Staff Recommendations dated May 16, 2000 from Virginia Mason, Senior Planner, Regional Planning Commission of the Central Naugatuck Valley. D. Pomeroy noted that some of the recommendations were site specific and should not be considered as part of this application to allow medical facilities and adult day care facilities. Ralph Diorio, 18 Rockridge Terrace, asked if the proposal was for assisted living for the elderly only, and whether it would have anything to do with the federal housing authority. Attorney Porzio stated there was no involvement with the federal housing authority and their proposed project would be specifically for mature adults, 55 and older. D. Pomeroy questioned if the change to Subsection "F", Adult Day Care Center, addressed G. Graveline's concern for security to prevent walk away. G. Graveline said the change did address his concern. G. Graveline also stated he would like to see limited lot coverage of 30% more clearly defined, as noted in Virginia Mason's memo, and asked if the minimum lot size might be set to coincide with the legal minimum lot size for a C-G zone, in order to allow smaller facilities under these regulations. Chairman Hiscox noted that a regulation change could be requested in the future if a proposal was being made on a lot with less than 3 acres. Motion by G. Graveline, seconded by A. Havican to close the public hearing on Ralph DeLeo, Trustee, 12 Aspetuck Avenue, New Milford, for a regulation amendment to add provisions for medical facilities and adult day care facilities. Unanimous.
Old Business:
a. A.C.E. Development Group, LLC, 12 Straitsville Road. Application for 9-Lot Subdivision - Tradition Estates, Phase IV, 200 Coachlight Circle. The public hearing on this application was closed at the May 3, 2000 meeting. The Commissioners were given a Draft Motion of Approval dated May 17, 2000 for discussion. Chairman Hiscox stated that the issues the Commission had at the beginning of this application have been cleared up and the parties have come to an agreement outside of the Commission regarding other issues. Motion by J. Lehner, seconded by D. Wallace to approve the Draft Motion of Approval dated May 17, 2000 for Edward Hankey & Jane Valetkevitch, Tradition Estates, Phase IV, 200 Coachlight Circle, as presented. Unanimous. Chairman Hiscox read a letter from Bill Donovan, Land Use Inspector and Gene McCarthy, Asst. Director of Public Works, recommending that the site development bond for Tradition Estates, Phase IV, be set at $147,000.00. Motion by A. Havican, seconded by G. Graveline to set the bond for Tradition Estates Subdivision, Phase IV, at $147,000.00 and in a form acceptable to the Town Attorney. Unanimous.
b. Kathleen Christiano, 598 Maple Hill Road, Naugatuck. Application for a Home Occupation Permit for Health & Fitness for Women, 27 Platt Drive. This application was accepted at the April 5, 2000 meeting. D. Pomeroy removed himself from the meeting at this time stating that, under advice of counsel, there was a possible conflict of interest, which came into being just this evening, due to a resident of Platt Drive that he is familiar with taking a position on the issue. Chairman Hiscox read the Draft Motion of Approval dated May 3, 2000 as presented at the last meeting. He noted that Item 3 should be changed to read "No sign will be permitted on the premises", as Mrs. Christiano had indicated it was not necessary to display a sign. He also indicated an additional item would need to be added outlining the hours of operation. During discussion by the Commissioners, Mrs. Christiano was invited to answer questions regarding hours of operation, number of clients and number of sessions. Mrs. Christiano indicated that she wished the business to be listed as "Kathleen A. Christiano A.C.E. Personal Trainer and Lifestyle and Weight Management Consultant", and also read a revised statement asking that her permit be approved allowing small groups of six (6) during school hours and nine (9) before and after school hours as defined by the State of Connecticut for families with in home day care. The Commissioners amended Item 6 regarding scheduling clients to read "no more than two (2) clients per hour or ninety (90) minute session, not to exceed four (4) sessions per day. Group Sessions are not permitted under this Home Occupation Permit". J. Lehner stated he felt four (4) sessions per day was too restrictive. The other Commissioners did not agree. The hours of operation would be listed as Item 7, reading "from 6:30 a.m. to 7:00 p.m., Monday through Friday only". The permit would be approved to become effective September 1, 2000 and valid for "six (6) months" thereafter with re-evaluation after the first "six months" of operation. Chairman Hiscox read the Draft Motion of Approval in its entirety noting the changes as discussed. Motion by A. Havican, seconded by G. Graveline to approve the Draft Resolution of Approval dated May 3, 2000 with amendments as read by Chairman R. Hiscox, for a Home Occupation Permit for Kathleen A. Christiano A.C.E. Personal Trainer, Fitness for Women, 27 Platt Drive. Unanimous.
c. Proposed Regulations for Motorized Sport Vehicle Courses or Tracks. Chairman Hiscox stated that the Town Attorney was researching whether any other towns may have regulations on this issue. Discussion would be held at the next meeting.
New Business:
a. Roland Veronneau, 105 Waterbury Road. Application to Amend Zoning Regulations, Section 300 - Uses by District. Chairman Hiscox stated that the applicant was not present, but prior to the meeting, Tom DeLeon, who will be representing Mr. Veronneau, stated he wished to amend the regulations to add under permitted uses in a C-G Zone, tanning salon and manicure. Application fees have been received. Mr. DeLeon would present his application in more detail at the public hearing. Motion by G. Graveline, seconded by J. Lehner to accept the application of Roland Veronneau, 105 Waterbury Road, for an amendment to Section 300 - Uses by District, to add Tanning Salon and Manicure in a C-G Zone and set a public hearing for June 7, 2000 at 7:30 p.m. Unanimous.
b. Ralph DeLeo, Trustee, 166 Waterbury Road. Application to Change Existing Industrial Zone to General Commercial. The public hearing on this application was closed earlier in the evening. G. Graveline asked that the record show that a small triangular piece owned by the applicant on Greenwood Drive was not included in this zone change. Motion by J. Lehner, seconded by G. Graveline to approve the application of Ralph DeLeo, Trustee, for a zone change from Industrial to General Commercial at 166 Waterbury Road, as shown on Zone Change Map by Meyers Associates, P.C., dated 2-8-00. Unanimous. Motion by A. Havican, seconded by G. Graveline to set July 1, 2000 as the effective date of the zone change at 166 Waterbury Road. Unanimous.
Land Use Inspector's Report: None
Public Participation: None
Motion by A. Havican, seconded by D. Wallace to adjourn at 10:00 p.m. Unanimous.