P&Z Minutes - October 18, 2000

Planning & Zoning

October 18, 2000

Board Members Present: Gil Graveline, James Lehner, Alan Havican

Alternates Present:

Others Present: Bill Donovan, Land Use Inspector

Members Absent: Chairman Robert Hiscox, Lezlye Zupkus, Donald Pomeroy (Alt.), Daniel Wallace (Alt.)

Acting Chairman G. Graveline called the meeting to order at 7:12 p.m. The meeting was taped.

Approval of Minutes: Motion by A. Havican, seconded by J. Lehner to approve minutes of the October 4, 2000 minutes as amended. Unanimous.

Correspondence:

  1. Building Department Reports - September 2000.
  2. Education Connecticut Notice of Cell Towers Forum - December 2, 2000.
  3. Letter dated 10-20-00 from James & Kimberly Tompkins re: Zone Change Applications at 40B Bronson Road.

Motion by J. Lehner, seconded by A. Havican to accept the correspondence. Unanimous.

Public Participantion: None

Public Hearing:
a. Amendment to Zoning Regulations - Banquet Facilities. The public hearing was opened at 7:15 p.m. Acting Chairman G. Graveline read the notice of public hearing as it appeared in Waterbury Republican American and an acknowlegdement of receipt of referral from the Council of Governments. Bill Donovan explained that a technical change needed to be made in the regulations for banquet facilites, a permitted use in a General Commercial Zone, to also be allowed in a Design Commercial Zone. The Commissioners were in agreement that this was an oversight when banquet facility was added as a permitted use. There was no comments from the public. Moton by J. Lehner, seconded by A. Havican to close the public hearing on an amendment to the zoning regulations for banquet facilities. Unanimous. The public hearing was closed at 7:22 p.m. Motion by A. Havican, seconded by J. Lehner to amend the Zoning Regulations for Banquet Facilities, currently a permitted use in a General Commercial ZOne, to also be allowed in a Design Commercial Zone. Unanimous.

Old Business:
a. Ralph J. DeLeo, 166 Waterbury Road. Application for a Special Permit for Medical Facility and Adult Day Care Center. The public hearing for this application was closed at the September 20, 2000 meeting. Attorney Tom Porzio, representing the applicant, suggesting that Bruce Hillson of Traffic Engineering Solutions could address concerns raised at the public hearing regarding traffic issues. Mr. Hillson stated that he spoke with Howard Mursky of Griener Engineering, the firm handling the Route 69 Corridor Traffic Study, who indicated that this section of Route 69 was not in their grouping of loctaions identified as having a need for improvements and felt that this development would not create a negative conditon for Route 69. Mr. Hillson provided the Commissioners with Preliminary Review Comments from Steve MArtinsen at District 4 of the State D.O.T. and a follow up e-mailregarding placement of the drive opposite Murphy Road. Mr. Matinsen stated that in the e-mail that to the extent that there are low traffic volumes on Murphy Road, the drive locations for the project are acceptable. It was also noted on the preliminary comments that the proposed geometry of the shoulder widening along the west side of Route 69 is generally acceptable. Terry Meyers of Meyers Associated, P.C., provided the Commissioners with drain water calculations and a storm water manangement plan as requested by the Town's engineer. Mr. Meyer stated that a meeting has been scheduled with the Connecticut Water Company on October 25, 2000 to discuss a difference of opinion regarding who the purveyor of water would be i.e., the Connecticut Water Company or the City of Waterbury. Attorney Porzio stated that he was confident after speaking with Mayor Chatfield and Corporation Counsel for the City of Waterbury that an agreement would be reached to provide sewer service and water from Waterbury. Attorney Porzio further stated that the developers is anxious to break ground before the weather changes and is requesting that some type of conditional approval be granted contingent upon providing plans for water and sewer service. Mr. Meyers stated that the D.O.T. would not look at the physical driveway permit without apporval from the Town. B. Donovan stated that the public hearing was closed based on application's statements that the project would have both city water and sewer service. B. Donovan cautioned the Commissioners that should sewer service not become avaible, a site plan cannot be approved without confirmation from Chesprocott Health District that the proposed septic system is suitable for the facility. Bill reiterated that there is still no confirmation there will be sewer service and asked Mr. Porzio to press hard to get some type of written commitment confirming that what's being discussed is actually what will take place. G. Graveline stated that if something changed drastically, adjustments could be made accordingly. Motion by J. Lehner, seconded by A. Havican to approve the application for a Special Permit for a Medical Facility and Adult Day Care Center to be located at 166 Waterbury Road with a condition approval that the be served by both a public water supply and municipal sewers. A site development bond will be posted with the Town of Prospect. Unanimous.

Public Hearing:
b. Thomas Battiste, 40B Bronson Road. APplication for Zone Change from Residential to Industrial. This public hearing was continued from September 20, 2000 and opened at 7:52 p.m. It was noted that a letter was received from Mr. & Mrs. Tompkins, 10 Rozum Circle, which had been read into the record by Mrs. Tompkins at the last meeting. A letter dated October 12, 2000 from the applicant was read authorizing Attorney Edward Fitzpartick to request an extension of the public hearing to November 1, 2000 was read into record. The Commissioner agreed to extend the public hearing to November 1, 2000 at 7:30 p.m.

New Business: None

Public Participation:
Gene McCarthy, Assistant Director of Public Works, wanted to inform the Planning & Zoning Commission of a proposal from Lorusso & Sons (Southridge Estates Subdivision) to allow gravel to be hauld from property in Naugatuck that abuts the Southridge Estates property in Prospect Through Prospect by way of Salem and Spring Road and onto Route 68. The Lorusso brothers have committed to providing the Town of Prospect with 3-years' supply of road sand and agreed to overlay Salem Road from the Naugatuck line to Spring Road and all of Spring Road when the removal of gravel is completed. The estimated completion date would be no later than June 30, 2004. A 5-year extension had been granted to Southridge Estates Subdivision that is due to expire on October 20, 2004. Homeowners that would be affected on the route on the route will be asked for their approval. Mr. McCarthy will present the homeowners signatures at the next meeting.

Land Use Inspector's Report: B. Donovan reported that the larger subdivisions are winding down. The water runoff problem associated with the College Farms Subdivision in the Edwards Road area of Bethany have begun to stabilize. The tanning salon on Waterbury Road will be opening soon: a building permit had been issued for Subway at 52 Waterbury Road and Parties with Piazzazz has changed their location to the J.V.P. Building on Union City Road. Bill reminded the Commissioners of the Public Meeting with H.M.A., Inc. on Wednesday, October 25, 2000 at 7:00 p.m. for input on the Plan of Development. Motion by J. Lehner, seconded by A. Havican to accept the Land Use Inspector. Unanimous.

Motion by J. Lehner, seconded by A. Havican to adjourn at 8:37 p.m.

Robert Hiscox
Chairman