P&Z Minutes - Ocotober 4, 2000

Planning & Zoning

October 4, 2000

Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:08), James Lehner (7:20), Alan Havican
Alternates Present:Daniel Wallace, Donal Pomeroy (7:05)
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Lezlye Zupkus

Chairman R. Hiscox called the meeting to order at 7:01 p.m. The meeting was taped.
Chairman Hiscox seated D. Wallace for L. Zupkus. D. Pomeroy was seated for G. Graveline from 7:05 p.m. - 7:08 p.m. and for J. Lehner from 7:08 p.m. - 7:20 p.m.

Approval of Minutes: Motion by A. Havican, seconded by D. Wallace to approve minutes of the September 20, 2000 minutes as presented. Unanimous.

Correspondence:

  1. Council of Governments Central Naugatuck Valley Notice of Reschedeled Meeting re: Draft Long-Range Regional Transportation Plan 2000.
  2. Letter dated October 4, 2000 from John, Deborah, and Jenna Pannone re: Zone Change Application for 40B Bronson Road.

Motion by A. Havican, seconded by D. Wallace to accept the correspondence. Unanimous.

Public Participation: None

Old Business:
a. Change in Bulk Regulations - Banquet Facilities. B. Donovan explained an oversight when Banquet Facilities were added as a permitted use to the Regulations and suggested that a technical change be made to allow Banquet Facilities as a permitted as in a Design Commercial Zone. Motion by A. Havican, seconded by D. Wallace to propose an amendment to the ZOning Regulations for BAnquet Facilities, currently a permitted use in a General Commercial Zone, to also be allowed in a Design Commercial Zone and set a public hearing for October 18, 2000 at 7:15 p.m. Unanimous.

b. Ralph J. DeLeo, Trustee, 166 Waterbury Road. Site Plan Application for Medical Facility and Adult Day Care. The applicant was not in attendance. B. Donovan stated that he spoke with BruceHillson, tha applicant's traffic engineer and U.R.S. Greiner, Inc., the firm handling the Route 69 Corridor Traffic Study and they will be comparing notes in order for Mr. Hillson to submit the final o.k. from the D.O.T. Bill also spoke with Terry Meyers, engineer for the project, and Mr. Meyers stated the application is aware of the time restrictions for presenting finalized plans to the Commission. (See "Old Business" following Public Hearings).

Public Participation: Mayor Robert Chatfield, 25 Cornwall Avenue, requested that the Commissioners consider amending the Regulations to require a geological survey to be submitted with any major subdivision applications, due to recent problems with wells in the College Farms Subdivision. B. Donovan stated that the Motion of Approval for College Farms does state that, whenever possible, the well should be drilled prior to any site work or construction to confirm that water is available. Chesprocott also recommends on their approval for individual septic systems that water be found prior to construction. B. Donovan suggested that possibly the Health Department could stipulate a prerequisite for an adequate supply of water prior to their approval. It was agreed that the Commission would look into whether a stipulation could be required for larger subdivisions to insure an adequate water supply prior to construction.

New Business: None

Land Use Inspector's Report: B. Donovan submitted a bill from OCC Design Consortium, LLC, dated September 20, 2000 for review of the proposed medical facility and adult day care ay 166 Waterbury Road. He also distributed to the Commissioners a copy of the Council of Governments CVentral Naugatuck Valley Fiscal Impact Study for the region. The study reviews the fiscal impact of particular land uses in the region and individual towns within the region. Motion A. Havican, seconded by G. Graveline to accept the Land USe Inspector's Report. Unanimous. Motion by D. Wallace, seconded by G. Graveline to pay the bill for OCC Design Consortium for review of the medical/adult day care facility in the amount of $435.00. Unanimous. Chairman Hiscox asked whether any further action had been taken regarding properties with temnporary garages. B. Donovan indicated there was nothing further to report. Chairman Hiscox requested that Bill continue to follow up on the previous letters sent. Chairman Hiscox also stated that cleanup had begun at the fire scene on Matthew Street. D. Pomeroy asked if the Town Attorney had sent a letter to Ronald LaCombe on CHeshire Road regarding the bucket truck parked on his property. B. Donovan stated that the Town Attorney had sent Mr. LaCombe a letter and that Mrs. LaCombe replied by assuring the Town that her husband would no longer be a problem with that.

Public Hearings:
a. Town of Propsect, 36 Center Street. Application for a Special Permit for the Constuction of Caplan Park, 91 New Haven Road. The public hearing was opened at 7:30 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. It was noted that the Connecticut Water Company has been notified of this application. Mayor Robert Chatfield submitted a letter of approval from the Inland Wetlands the Caplan family gave the Town this property and the Town was awarded a $300,000.00 grant to construct a park for recreation. Gene McCarthy, Assistant Director of Public Works, described the site plan map of the proposed park, including the drainage system, parking area, ball fields and woodland trails. G. Graveline asked how much of the property was being used and if the possibility for future expansion existed. Mr. McCarthy stated about 60% of the property is being used and there is no chance for future expansion because the remainder of the property is wetlands. Nature trails may eventually lead through Water Company property to Fusco Field. Chairman Hiscox asked if the proposed number of parking spaces is adequate to accomodate large crowds for football or soccer games. Mr. McCarthy indicated that the parking is as adequate as you can get. If more parking spaces were added, a playing field would be lost. Mayor Chatfield stated that there are approximately 60 parking spaces. Chairman Hiscox also inquired about the size of the pavilion, lighting and whether permanent bathrooms would be installed. Mr. McCarthy stated pavilion is rather small, more the size of a gazebo, conduits would be run for lighting the parking area and possible future lighting of the fields, and there are no plans for permanent bathrooms. He noted that the $300,000 allocated to the project will cover the cost of installing the drainage system and parking area, the grading, loam and seeding. Anything beyond that would probably require additional funds. Chairman HIscox noted for the record that he would like to see the facilities at the park expanded and upgraded if the opportunity arises. G. Graveline asked if there would be water at th epark. Mr. McCarthy stated that there would be a well. It was noted that the park on Matthew Street would be graded and no longer used once Caplan Park is completed. The public was invited to speak. LeighAnn Genovese, 103 New Haven Road, was concered about possible flooding on her property due to the extensive earth moving that Mr. McCarthy described. It was explained that the sloping which currently exists would be graded away from her property, causing less water to run towards her home. Mrs. Genovese also had concerns with the traffic entering and exiting the park, considering the heavy traffic that exists now during the morning and evening rush hours and the fact that Route 69 in that area is a passing zone. She also asked if a traffic light would be installed. Mayor Chatfield stated that the Town could request that the D.O.T. make Route 69 in that area a no passing zone and offered to contact Mrs. Genovese and her neighbor when the Town meets with the D.O.T. for the driveway in order to have their concerns addressed. Mayor Chatfield also stated than there are no plans to put in a traffic light at this time. Chairman Hiscox asked if it were possible to ask for a reduction in the speed limit in that area. Mayor Chatfield stated that he could address that request to the State Traffic Commission. Mrs. Genovese questioned the 25-foot buffer from the property to the park, rather than the original 50-buffer origininally planned. Mr. McCarthy explained that with the natural buffer that currently exists, plus the additional plantings put in with the park, the park would not be visible from her house. The perimeter of the nearest ball field would be apporximately 50 feet from her property. Anticipated construction would take approximately 9-10 months, starting early next year depending on the weather. There will be a gate at the park entrance that will be locked at sundown. Chairman Hiscox asked if consideration was given to putting the entrance to the property further from the two abutting residences. Mr. McCarthy stated that the cut that would need to be made for the entrance would cause a channel type effect, whereas the proposed entrance is closer to grade. G. Graveline asked if the site line could be increased for the abutting neighbors when the driveway is put in. Mr. McCarthy explained that the Genovese's have bushes on their property, which limit their site line. Mrs. Genovese stated that she prefers to keep the bushes for privacy. B. Donovan asked if the parking area could accomodate a bus to turn around and drop off passengers and also if a dumpster area has been designated. Mr. McCarthy stated that it would be difficult for a bus to maneuver in the parking area. The dumpster area would be off the end of the parking area near the gazebo. Garbage barrels will be used similar to what is used at the other parks. Mike Patulak, 34 Highland Drive, asked about bleachers or dugouts, citing safety concerns for young children. Mr. McCarthy stated that there would be no dugouts, but there would be portable benches and safety fences. Portable bleachers are used at the various fields throughout town. Paul Schieffer, 21 Apple Hill Drive, asked who would be doing the excavating work and whether tree stumps and rocks would be left on site. Mayor Chatfield stated that the excavating would be put to a bid. There have been no stumps left at any of the other parks that have been built in Town, the trees will be chipped and taken to the recycling center and a stump grinder will be used on the treestumps. Motio by A. Havican, seconded by J. Lehner to close th epublic hearing for the Town of Prospect for a special permit for the construction of Caplan PArk. Unanimous

b. Thomas Battiste, 40B Bronson Road. Application for Zone Change from Residential to Industrial. This public hearing was continues from September 20, 2000 and opened at 8:15 p.m. Chairman Hiscox read a letter dated October 4, 2000 from the Pannone's 26 Rockridge Terrace, restating that they are strongly opposed to the zone change. The letter also raised a question as to when this property was actually zoned Industrial and how that would be relevant to the decision before the Commission today. Attorney Edwards Fitzpatrick, speaking on behalf of Mr. Battiste, stated that access to industrial land in this region is limited. He understands that the neighbors have gotten used to seeing the property as barren land, but the positive impact that the zoned change could have on the grand list, and the fact that the property is at the end of a cull- de-sac adjoining the industrial park with access avaiable only through the industrial park, in his opinion, supports the zone change. Mr. Fitzpatrick also stated that residential properties near the industrial park in Naugatuck have increased in value because the industrial park was well planned. Mr. Battiste's property is large enough to plan for sufficient buffers from residences and there will be no traffic going through their neighborhoods. Mike Patulak, 34 Highland Drive, asked if the property was zoned as residential when it was owned by Naugatuck Savings Bank. Chairman Hiscox stated that questions have been raised as to when or if the property was zoned industrial and aslo when the property was zoned residential. The Commissioners at this point in time are relying on the oral history of the town and the recollection of town staff. Mr. Patulak showed a map given to him by Naugatuck Savings Bank showing the property when the bank owned it with two different acreages and he wondered how that map compared to lots A & B as shown on the current Assessor's map. Mr. Patulak was concerned that previous hearings on this property when a tower and Prospect Paintball were being proposed never mentioned Lots A & B. He asked when the property was determined to be A & B Bronson Road. Attorney Fitzpatrick stated that he would conduct a title search to get the answers to the questions being raised. Kimberly Tompkins, 10 Rozum Circle, read a letter dated October 2, 2000 stating that she and her husband are against the zone change and citing noise and environmental concerns that would affect several residences in the area. They would encourage residential buildings to be built on property. Eric Emmons, 3 Rozum Circle, John Belo, 30 Rockridge Terrace, and Conrad Tauber, 61 Morris Road, were also opposed for similar reasons. They purchased their properties knowing this property was residential. Joe Giordano, 63 Morris Road, stated that the Commissioners could not ignore the fact that the homeowners in this area do not want this in their backyard. Rocco Lucia, 6 Rozum Cicle, stated that the location of the property is too close to the homes that have been built up to this point. The 110-foot buffer is inadequate. He feels the Commission should look at the history of the area before making a decision, stating that there were wells that had serviced homes on Highland Drive at one time and how would that affect the decision on the zone change. Chairman Hiscox stated that any development on the property would require a site plan approval by Planning & Zoning. Mr. Lucia commented on the fact that the concept of the original industrial park did not include this property and he and the other homeowners in the area don't want to see the concept changed now after so many years. G. Graveline asked if there were any wells on this property. Mr. Tauber stated the well that was on that property at one time provided water to the homes on Highland Drive. That well is not functioning at this time. Attorney Fitzpatrick stated that any development on 40B Bronson Road would be receiving public water and therefore, would have no impact on residential wells int he area. Don Bragg, 12 Rozum Circle, wnated the Commissioners to consider that the young families who have invested their money into their homes could not just up and move if this zone change is approved. The Commissioners felt that a site walk was not necessary because most of them were familiar with the property from previous hearings. J. Lehner and A. HAvican stated they would visit the site on their own. Chairman Hiscox stated that the public hearing would be continued to October 18, 2000 at 7:30 p.m. Attorney Fitzpatrick stated that he would be submitting a letter requesting that the public hearing be extended to November 1, 2000. to allow him the time needed to do the required research on the property. The public hearing was closed for the evening at 9:15 p.m.

Old Business:
Ralph J. DeLeo, Trustee, 166 Waterbury Road. Site Plan Application for Medical Facility and Adult Day Care. D. Pomeroy stated that he was troubled by the comments made at the public hearing on September 20th regarding the proposal to bring water in from Waterbury rather than extending the water line from Prospect. He felt this is a unique opportunity to enhance the potential for future growth in Prospect. The Commissioners agreed that this project should benefit the TOwn of Prospect and directed B. Donovan to notify the Connecticut Water Company to convey this message.

Town of Prospect, 36 Center Street. Application for Specail Permit - Caplan Park. Motion by J. Lehner, seconded by G. Graveline to approve the application from the TOwn of Prospect for a sepcial permit for the construction of Caplan Park on 12.33 acres located at 91 New Haven Road as presented. Under discussion, G. Graveline asked whether fencing was going to be put up along the abutting properties. Chairman Hiscox stated that he was satisfied that it may not be necessary in the area because of the proposed plantings and the layout of the land and also the neighbors didn't seem to have a problem with it. D. Pomeroy stated he felt that it was a well thought out plan. He heard Mrs. Genovese's concerns about her home and a lot of things she brought up are beyond the Town's control. Chairman Hiscox stated that the Mayor did offer to include the neighbors at meetings with the D.O.T. to insure that their concerns were known and taken into consideration. B.. Donovan suggested that he would like to see the option for bus to be able to turn around in the parking area. There have been complaints about the vehicles that currently park on Route 69 in the area of Prospect Paintball and these same people will be complaining about vehicles that park along Route 69 in the area of Caplan Park. A. Havican stated he preferred the limit parking keeping in mind th eidea of having the park primarily for Prospect residents. B. Donovan reminded him that State money was being used to build the park and therefore, the possibility exists that the limit parking could pose a problem in the future. J. Lehner doesn't think that any high school teams would be using th epark and if necessary people would have to be open to car-pooling. The vote on the motion was Unanimous.

Public Participantion: Kathy Hack, 159 Scott Road, asked if it were possible to find out if a water tower would be necessary in Prospect and who would pay for it with regards to requiring the medical facility to tie into the Connecticut Water Connecticut Water Copmany. D. Donovan stated that water goes downhill from Maria Hotchkiss Road and as the water goes downhill it builds up pressure and would produce more than adequate pressure. He also mentioned that the Fire Marshal would require a certain minimum number of gallons per minute at a hydrant on site and the insurance companies would be also require a certain minimum number of gallons per minute under a certain amount of pressure at a sustained rate. If those requirements were not met, there would be no need to build a water tower. Bill stated that the Town would have nothing to do with that.

Motion by J. Lehner, seconded by A. HAvican to adjourn at 9:40 p.m.

Robert Hiscox
Chairman