Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:20), James Lehner, Lezlye Zupkus, Alan Havican
Alternates Present: Daniel Wallace, Donald Pomeroy
Others Present: Bill Donovan, Land Use Inspector
Members Absent: None
Chairman R. Hiscox called the meeting to order at 7:01 p.m. The meeting was taped. Chairman R. Hiscox seated D. Pomeroy for G. Graveline.
Approval of Minutes: Motion by L. Zupkus, seconded by J. Lehner to approve minutes of the 4/19/00 meeting as presented. Unanimous.
Correspondence:
Motion by A. Havican, seconded by D. Pomeroy to accept the correspondence. Unanimous. Motion by D. Pomeroy, seconded by L. Zupkus to pay the OCC Design Consortium invoice for engineering review on Tradition Estates - Phase III & IV in the amount of $485.00. Unanimous.
Public Participation: Sue Iwinski, 35 Platt Drive, submitted a letter opposing Kathleen Christiano's home occupation application, identifying sections of the zoning regulations which she feels Mrs. Christiano's proposed business would not comply with. Robert Gillis, 25 Platt Drive and Mike Loguidice, 29 Platt Drive, also submitted letters opposing this application. Chuck Maher, 15 Melissa Lane, stated he was informed that the Commission would be discussing regulations regarding dirt bikes and quads and that he would be opposed to any such regulations. Chairman R. Hiscox informed Mr. Maher that discussion on proposing regulations for dirt bike and quad tracks would be held under "New Business" and any proposed regulations would have to go to a public hearing to allow the public an opportunity to comment.
Chairman Hiscox seated G. Graveline in place of D. Pomeroy at 7:20 p.m.
Old Business: R.S.C. Development Group, LLC, 38 Blue Trail Drive. Application for 4-Lot Subdivision - Lucas Estates, 9 Peach Orchard Road. The public hearing for this application was closed at the April 19, 2000 meeting. B. Donovan presented a draft Motion of Approval for discussion. R. Hiscox stated he would like to see the amount of the fee being collected in lieu of open space included in the motion of approval. D. Pomeroy stated that the fee was defined in the regulations. He has some reservation with including an amount because the applicant has 5 years to act upon an approval and therefore, depending on market values, the Town/Land Trust could lose a fair amount of money. B. Donovan explained that the amounts would not necessarily be available when approvals are granted, but become available as the individual lots are sold. Motion by A. Havican, seconded by G. Graveline to approve the draft Motion of Approval as presented for R.S.C. Development Group, LLC, Lucas Estates, 9 Peach Orchard Road. Unanimous.
Public Hearing: A.C.E. Development Group, LLC, 12 Straitsville Road. Application for 9-Lot Subdivision - Tradition Estates, Phase IV, 200 Coachlight Circle. The public hearing was continued from March 1, 2000 with an extension and opened for the evening at 7:30 p.m. Attorney Warren Hess, representing the applicant, asked that the Commissioners continue with other business to allow productive discussions between the applicants and Counsel for the Dunns to continue outside of the meeting before they addressed the Commission. Scott Poryanda, Connecticut Consulting Engineers, confirmed that the applicants agreed to pay a fee in lieu of open space on this phase of the subdivision. The Commissioners agreed to defer the hearing to a later point in the meeting.
Old Business: Kathleen Christiano, 598 Maple Hill Road, Naugatuck. Application for a Home Occupation Permit for Health & Fitness for Women, 27 Platt Drive. The application for this permit was accepted at the April 5, 2000 meeting. Letters received from Joyce Boisvert, 17 Platt Drive, opposing the application and Shelley Albini of Woodbury, a client of Mrs. Christiano, were read for the record. B. Donovan presented the Commissioners with a draft Resolution of Approval for discussion. R. Hiscox questioned whether clients would be considered "engaged in the office or home enterprise activity" as stated in the letter read by Sue Iwinski. D. Pomeroy stated that he viewed the language in the regulations as referring to the owners or employees involved in the conducting of business, citing a permit issued for a day care center where the children were not considered to be part of the business. The Commissioners felt they should get clarification from the Town Attorney regarding that issue under Section 210-B (a) of the regulations. R. Hiscox explained that there's nothing the Commission can do to limit the parking area. J. Lehner suggested having clients use the commuter lot at the church as a gathering place and then have only one or two cars going to Platt Drive. R. Hiscox stated he has a problem with more than one or two people at a time going to a home business. He feels that this is more of a commercial venture. G. Graveline mentioned a previous home occupation permit that was approved on Cornwall Avenue that was limited to one or two clients at a time, stating the need to be consistent in conforming to "no objectionable traffic". Mrs. Christiano brought to the attention of the Commissioners the fact that there are currently seven state licensed home day care businesses in Prospect, three of which are located on cul-de-sacs (Alison Court, Robinmark Road, Skyline Drive). She questioned why she wouldn't be allowed small groups if it's o.k. for a day care to operate with 6-9 cars a day and also, what constitutes "objectionable traffic", as it is not defined in the regulations. Mrs. Christiano feels that 5-6 clients should be allowed for her small groups, which would meet on Monday, Wednesday and Friday after 9:00 a.m. She's requesting a start time of 6:30 a.m. for her one-to-one clients. The Commissioners allowed Mrs. Christiano to address questions from the residents on Platt Drive. R. Hiscox noted that it is the Commission's job to stipulate the parameters of the home occupation permit if approved and that any homeowner has the right to have a business in their home as long as it conforms to the regulations. He also informed the public in attendance that the Commission has 65 days from the date the application was accepted to make a decision.
Public Hearing: A.C.E. Development Group, LLC, Tradition Estates - Phase IV. The public hearing was reconvened from earlier in the evening at 8:22 p.m. Attorney Hess stated that the applicant's engineer designed a plan, which has been approved by Town Staff, as recommended on Page 3, Item C of a report received from OCC Design Consortium dated April 18, 2000 which was read into the record at the last meeting. The work has been completed and has improved the drainage situation by decreasing the water flow to the detention basin by approximately 50%. Attorney Hess indicated that the Dunns and the applicant have come to an agreement for the developer to make the improvements on the Dunn property as recommended on Page 3, Items A & B, of the same report. Attorney Hess stated that his clients feel that the application before the Commission for Phase IV of Tradition Estates is in compliance with the regulations and asked that the application be approved. Attorney Kevin Hecht, representing Mrs. Dunn, verified that an agreement had been reached with the developer based on the field work that has been done with respect to the piping between the detention basins in this matter, and they are withdrawing their objection. Attorney Hecht clarified that Items A & B of Page 3 of the report from OCC Design Consortium is not what they've agreed to as the remediation plan. He stated that the remediation plan is to take care of the problem and that's what they all hope will happen soon. G. Graveline asked if the last drainage plan submitted was still going to be implemented. Scott Poryanda of Connecticut Consulting Engineers stated that they were going back to the original drainage plan submitted, except that driveways and houses would be graded in a manner to flow away from Coachlight Circle towards back yards. Mr. Poryanda also indicated that the changes would be on a site development plan to be made a part of the record. Motion by G. Graveline, seconded by A. Havican to close the public hearing on Tradition Estates, Phase IV, 200 Coachlight Circle. Unanimous. B. Donovan will prepare a draft Motion of Approval for the next meeting.
The Commissioners deferred the public hearing on Adult Oriented Establishments to later in the evening, as there was no one from the public wishing to be heard regarding this matter.
Public Hearing: Ralph DeLeo, Trustee, 166 Waterbury Road. Application to Change Existing Industrial Zone to General Commercial. The public hearing was opened at 8:30 p.m. Chairman R. Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American, as well as the Acknowledgement of Receipt dated April 24, 2000 from the Council of Governments. Attorney Thomas Porzio, representing the developer, presented an affidavit from the owner of the property in accordance with Section 8-7c of the Connecticut General Statutes. Attorney Porzio stated that the property was zoned General Commercial at one time and he was not sure why it had been changed to Industrial. Ray Jefferson, landscape architect, outlined the proposed development for the property. G. Graveline asked if the pond shown on the map currently exists. Mr. Jefferson said it did not currently exist, but it would be created. There are wetlands in the area. R. Hiscox asked how much traffic this project would generate and if it would be tied into a waterline. Joe Paparazzo indicated that the developer would extend the waterline from the miniature golf course on Route 69 or a swap will be made with Waterbury for metered water. Sewer access is also available from Waterbury for the Prospect side of the project. Ray Caruso who owns property on Route 69 at the corner of Murphy Road, confirmed that there is sewer and water access from Bateswood Road. He stated he was in favor of the project and feels that the town needs it. G. Graveline asked for a plot plan for the zone change alone. Mr. Porzio submitted a zone change map prepared by Meyers Associates dated February 8, 2000. It was stated that the abutting property, The Furniture Gallery, was zoned General Commercial. Attorney Porzio indicated that he feels that the zone change is in conformity with the Town's overall Plan of Development considering the fact that they're on a major route, Route 69, and considering other commercial development in the area. A small triangular piece of property on Greenwood Drive in Prospect is not part of this zone change and would remain RA1 zoned. There would be no activity on that parcel. There were no other comments from the public. The public hearing closed for the evening at 8:58 p.m. and would continue on May 17, 2000 at 7:45 p.m.
Ralph DeLeo, Trustee, 12 Aspetuck Avenue, New Milford, CT. Application to Amend Zoning Regulations to Add Provisions for Medical & Adult Day Care Facilities. This public hearing was opened at 9:02 p.m. Chairman R. Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American and the Acknowledgement of Receipt dated April 24, 2000 regarding the amendment to the regulations from the Council of Governments. Attorney Thomas Porzio, representing the developer of the proposed project on the Waterbury/Prospect line, submitted zoning regulations for adult day care and medical facilities as well as definitions for each facility. R. Hiscox questioned the minimum 5-acre requirement for each facility. Attorney Porzio stated that it was not their intent to require 5 acres for each facility. D. Pomeroy stated it was important to keep in mind that the proposed regulations were not site specific. Proposed parking would be adequate to cover the number of people who would be at a medical facility. Attorney Porzio explained the proposal allows 6 spaces for every 1,000 feet, which is more than the regulations require. G. Graveline questioned the "per dwelling unit" indicated in Section D under Adult Day Care Facility and after discussion it was decided to remove the phrase. B. Donovan felt the regulations should not be restrictive to possible smaller medical facilities that might benefit the Town. D. Pomeroy asked what a stack up space was and Attorney Porzio explained that it referred to lineup parking for picking up and dropping off at the adult day care facility. Attorney Porzio noted a correction under Medical Facilities in (D), that Section 340 should read Section 330. G. Graveline asked that the wording under Adult Day Care Facilities Section F be changed to read "screened AND a six foot fence". There were no other comments from the public. The public hearing closed for the evening at 9:21 p.m. and will continue on May 17, 2000 at 8:00 p.m.
Public Hearing: Proposed Amendment to the Regulations - Adult Oriented Establishments. This public hearing was continued from April 19, 2000. B. Donovan submitted an updated draft of the proposed regulations dated May 2, 2000. Recommended changes by the Town Attorney included that the regulation be listed as a special permit with a stated renewal period, and limited to an Industrial zone. B. Donovan will add in the recommendations by the Town Attorney. Bill indicated that the regulation, if approved, would be added under Section 314 of the Planning and Zoning Regulations and the Commissioners needed to set an effective date for the new regulations. Motion by L. Zupkus, seconded by A. Havican to close the public hearing on the Proposed Amendment to the Regulations for Adult Oriented Establishments. Unanimous. The public hearing was closed at 9:25 p.m. Motion by G. Graveline, seconded by A. Havican to approve under Section 314, Specific District Use & Bulk Regulations, the draft regulations dated May 2, 2000 as presented with recommended changes provided by the Town Attorney in a letter dated May 3, 2000. Unanimous. Motion by G. Graveline, seconded by A. Havican to make the new regulations regarding Adult Oriented Establishments effective June 1, 2000 and place a moratorium on such establishments until June 1, 2000. Unanimous.
Chairman R. Hiscox noted that O & G Industries has scheduled a blast at the Spring Road quarry for Friday, May 12, 2000 at 1:30 p.m. The Commissioners had been notified.
New Business: Proposed Regulations for Motorized Sport Vehicle Courses or Tracks. The Commissioners discussed the feasibility of regulating courses for motorized sport vehicles. B. Donovan spoke with the Town of Cheshire and they have no zoning regulations regarding this issue. They consider it to be more of a law enforcement issue. A. Havican felt that the Commission should take it on as a zoning issue to have regulations to coincide with an ordinance. It was decided that a draft proposal would be discussed at the next meeting, but that the proposal should go before the Town Council for an ordinance.
G. Graveline stated his concern of not having any regulations for Day Care Centers. Discussion was held on proposing regulations and whether home occupation permits should be required for Day Care Centers. Issues brought out by Mrs. Christiano earlier in the meeting relating day care centers to her application were discussed. Discussion was also held on the wording in the regulations with regards to the number of people "engaged in the office or home enterprise activity" and it was determined that the wording was meant to relate to employees of the business.
Land Use Inspector's Report: A letter was submitted from Gene McCarthy and Bill Donovan recommending that the site development bond for Lucas Estates be set at $5,800.00. Motion by A. Havican, seconded by J. Lehner to set the site development bond for Lucas Estates, 9 Peach Orchard Road, at $5,800.00 as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill stated that the Town Attorney is reviewing the contract for the Town Planning Consultant and it is hoped that it will be ready for signature soon. Bill made a suggestion to amend the regulations to allow the Commission to require necessary legal and/or planning fees for review of regulations over and above the standard fees. Motion by J. Lehner, seconded by L. Zupkus to accept the Land Use Inspector's Report. Unanimous.
Public Participation: Kathy Hack, 159 Scott Road, suggested that when there is a meeting with a public hearing for a specific item, that an announcement could be made at the start of the meeting that comments on those specific items would be heard during the public hearing. It's unfair to the applicants coming in at the scheduled time not to have the benefit of hearing comments made earlier in the meeting.
Motion by A. Havican, seconded by G. Graveline to adjourn at 10:07 p.m. Unanimous.