November 1, 2000
Board Members Presents: Chairman Robert Hiscox, Gil Graveline, James Lehner (7:08),
Alan Havican
Alternatives Present: Donald Pomeroy
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Lezlye Zupkus, Daniel Wallace (Alt.)
Chairman Robert Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. Chairman
Hiscox asked for a moment of silenmce in memeory of Kathleen Hack.
D. Pomeroy was seated for J. Lehner until 7:15 p.m. J. Lehner was seated and D. Pomeroy was
seated for L. Zupkus.
Approval of Minutes: Motion byD. Pomeroy, seconded by G. Graveline to apporve the minutes
of the October 18, 2000 meeting as amended. Unanimous.
Correspondence:
- Inland Wetlands Commission Approved Minutes for September 11, 2000.
- Notice of Meeting on November 15, 2000 - Council of Governments Central Naugatuck Valley
re: Draft Long-Range Regional Transportation Plan 2000.
Motion by G. Graveline, seconded by A. Havican to accept the correspondence.
Unanimous.
Public Participation: None
Old Business: None
New Business:
a. Joseph Commendatore, 33 Clark Hill Road. Application to Amend the Regulations to Add
Car Wash Facility as a Permitted Use in a CG Zone. Joseph Commendatore presented the application
stating he would like to propose a car wash/oil change facility for property he owns at 97 Waterbury
Road. Currently, there are no provisions in the regulations for car wash facilities. Motion
by A. Havican, seconded by G. Graveline to accept the application for a proposed amendment to the
regualtions to add "CAr Wash Facility" as a permitted use in a CG zone and set a public hearing
for November 15, 2000 at 7:30 p.m. Unanimous.
b. Lino Medeiros, 110 Waterbury Road. Change in Use - Cleaning Service. Chairman
Hiscox read a letter from Donal Reilly, owner of 110 Waterbury Road, appointing Lino Medeiros as
his agent for presenting an application for a proposed change in use at 110 Waterbury Road to an
office for administrative functions for a cleaning service. There would be 2 employees in the
office from 9:00 a.m. to 5:00 p.m. Chemicals would not be stored at the office. Mr. Medeiros is
requesting to leave one van on the premises overnight with supplies. Mr. Medeiros submitted a
drawing of the proposed signs for review. The property is zoned general commercial. Motion
by G. Graveline, seconded by D. Pomeroy to accept and approve the application of Lino Medeiros,
for a change in use to an office for adminstrative functions for a cleaning service at 110
Waterbury Road. Unanimous.
c. Schedule Meeting Dates for 2001. The Commissioners were presented with proposed
meeting dates for the year 2001. The dates being proposed are the 1st and 3rd Wednesday of each
month witrh the exception of July 4th which is a legal holiday and November 21st which is
Thanksgiving Eve. All meetings will be held in the lower level conference room of the
Prospect Town Hall at 7:00 p.m. Motion by J. Lehner, seconded by A. Havican to approve
the scheduled meeting dates for 2001 as presented. Unanimous.
Public Hearing:
a. Thomas Battiste, 40B Bronson Road. Application for Zone Change from Residential to
Industrial. Thie public hearing was continued with an extension from September 20, 2000 and
was opened at 7:30 p.m. Attorney Edward Fitzpatrick, representing the applicant, discussed the
history of the property explaining that Lots 40A & 40B Bronson Road were split out as individual
lots as part of the Propsect Hills Subdivision approved in 1980 and a copy of the approved
subdivision map was submitted. Attorney Fitzpatrick stated that he found no evidence that these
two parcels were ever zoned industrial. The public was invited to speak. A petition was presented
to the Commissioners signed by 60 residents of Rockridge Terrace, Bronson Road, Rozum Circle,
Morris Road, and Highland Drive requesting that the application be rejected. Several residents
who had signed the petition restated their opposition to the zone change citing noises,
environmental concerns and change of character in theneighborhood as adverse effects to their
property values and quaity of life. Jim DeCosta of Forklift Services, Jim Greer of Greer
Manufacturing and Mark Summa of MArk's Precision Auto all stated that a proposal for a
residential subdivision for this property with acess only through the industrial Park would
create serious safety concerns for both the business and residents. John Pretto of Goldenrod
Corporation stated thta he had opened dialogue on purchases property owned by Stallion
Corporation at the end of Industrial Road and he would consider residential traffic
through the industrial park to be unsafe. Mr. Pretto would not like to see a residential
developemnt on this property. Alex Rozum, 39 Morris Road, stated that when Rozum Circle was
developed a 4-foot buffer (spite strip) was intentionally put in at the end of the cul de
sac to prevent any future development from continuing the road. D. Pomeroy asked when the
buffer strip was imposed and Mr. Rozum stated that Rozum Circle was developed in the early
1950's prior to zoning. Rocco Lucia, 6 Rozum Circle, stated that the neighbors have no animosity
toward Mr. Battiste, they would just like to protect their residential neighborhood. Mr. Lucia
suggested that Mr. Battiste offer to sell the property to the Town for open space and look to
relocating his business to the site on Scott Road being considered for an industrial park.
Attorney Fitzpatrick stated that although no one likes change, it makes sense to change the
property to change the property to industrial based on the facts that the property is at the
end of the Industrial Road and because there is no access to the property other than through the
industrial park. Attorney Fitzpatrick also emphasized the business owners' concern that consideration
of a residential subdivision on this property would create major safety issues with interaction between
commercial and residential traffic. Attorney Fiztpatrick reminded the neighbors that the application
is for a zone change only and any future development would require a site plan approval, at which
time the Commisioners would require a landscape buffer be established between an industrial use
and the abutting residential neighbors. Motion by A. Havican, seconded by G. Graveline to
close the public hearing for a zone change from Residantial to Industrial for property located
at 40B Broson Road. Unanimous.
Land Use Inspector's Report: B. Donovan presented the Commissioners with two requests
for release of bond; the first from Batire Halim for Robinmark Phase III (Elaine Court)
Subdivision and the second from AZZOR, LLC, for Nicholas Estates Subdivision. Chairman R. Hiscox
read a letter from Bill Donovan and Gene McCarthy, Assistant Director of Public Works,
recommending that the bond be released on Robinmark Phase III (Elaine Court) Subdivision.
Motion by G. Graveline, seconded by D. Pomeroy to approve the release of bond for
Robinmark Phase III (Elaine Court) Subdivision as recommened by Bill Donovan and Gene McCarthy.
Unanimous. Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy recommending
a final release of bond for Nicholas Estates Subdivision. Motion by D. Pomeroy, seconded
by J. Lehner to approve the release of bond for Nicholas Estates Subdivision as recommended by
Bill Dononvan and Gene McCarthy. Unanimous. A letter was submitted by Bill Donovan and
Gene McCarthy recommending that the site development bond for the Route 69 Medical Facility/
Adult Day CAre Center be set at $310,000.00. Motion by J. Lehner, seconded by G.
Graveline to set the site development bond for the Route 69 Medical Facility/Adult Day Care
Center at $310,000.00 as recommmended by Bill Donovan and Gene McCarthy and in a form acceptable
to the Town Attorney. Unanimous. B. Donovan reported that he did receive a response from
the owner of 126 Summit Road regarding the plastic-covered structure at that location. The property
owner stated that the structure would be taken down. The temporarycanvas enclosure on Spring Road
where the limousines are will be taken down as well, according to the property owner. Motion
by A. Havican, seconded by J. Lehner to accept the Land Use Inspector's Report. Unanimous.
Motion by A. Havican, seconded by J. Lehner to adjourn at 9:05 p.m.
Robert Hiscox
Chairman