P&Z Minutes - September 20, 2000

Planning & Zoning

September 20, 2000

Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:24), James Lehner, Alan Havican

Alternates Present: Danile Wallce, Donald Pomeroy (7:38)

Others Present: Bill Donovan, Land Use Inspector

Members Absent: Lezlye Zupkus

Chairman R. Hiscox called the meeting to order at 7:04 p.m. The meeting was taped.
Chairman Hiscox seated D. Wallace for L. Zupkus.

Approval of Minutes: Motion by A. Havican, seconded by J. Lehner to approve minutes of the September 6, 2000 meeting as amended. Unanimous.

Correspondence:

  1. American Planning Association - Planners Book Service.
  2. Inland Wetlands Approved Minutes of August 14, 2000.
  3. Buildign Department Reports - August 2000.
  4. American Society of Landscape Arctitects - 2000 Frederick Law Olmstead Award.
  5. Council of Governments Central Naugatuck Valley - Highway Access Management Seminar.

Motion by D. Wallace, seconded by J. Lehner to accept the correspondence. Unanimous

Public Participation: None

Old Business:
a. George Hermes, 38 Merriman Lane. Added Use to Existing Home Occupation Permit. Chairman Hiscox noted that a site walk was conducted on September 13, 2000. G. Hermes presented an appliaction to amnd his existing home permit to provide for boarding of up to five dogs. Mr. Hermes submitted a letter signed by three abutting neighbors stating they have no objection to the application, as well as a copy of his State license for the current training facility. It was noted for the record that there have been no complaints regarding the current home occupation permit. Mr. Hermes stated that his State licensing runs from January through December and asked the Commissioners to consider setting a review date to coincide with his State licensing. The Commissioners stipulated that approval of this application would include that the maximum number of dogs to be boarded for training purposes is 5, the maximum number of days a dog may be boarded for training purposes is 30 days, the kennels/runs must comply with all State Codes, the Prospect Building Inspector will conduct a general inspection to insure compliance with local building codes and the permit will be reviewed at 15 months from the date of approval. Motion by A. Havican, seconded by J. Lehner to approve the application as presented with the stipulations noted for an amendment to the existing home occupation permit for dog training at 38 Merriman Lane. Unanimous. B. Donovan will provide Mr. Hermes with a letter outlining the conditions of the approval for this amendment and a copy will be kept on file in the Land Use Office. (See page 3, Public Participantion).

New Business:
a. Town of Prospect, 36 Center Street. Application for Special Permit - Caplan Park. B. Donovan presented the application on behalf of the Town of Prospect for a specail permit for the construction of Caplan Park at 91 New Haven Road. A drawing by Ferrero Hixon Associates, LLC, dated July 14, 2000 showing the layout of the park was presented with the application. Motion by J. Lehner, seconded by G. Graveline to accept the application for a special permit for the construction of Caplan Park and set a public hearing for October 4, 2000 at 7:30 p.m. Unanimous.

Public Hearings:
a. Thomas Battiste, 40B Bronson Road. Application for Zone Change from Residential to Industrial. The public hearing was opened at 7:35 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. A letter submitted by John, Deborah and Jenna Pannone, 26 Rockrigde Terrace, opposing the zone change was read into the record. Thomas Battiste, president of Valley Sandblasting and owner of 40A & 40B Bronson Road presented the application stating the property was once zoned industrial. He is asking for a zone change for 40B only. Access to the property is at the end of Industrial Road and the property abuts existing industrial zoned property. Mr. Battiste stated that if the land were developed, he would retain acess to 40A through 40B. Chairman Hiscox asked for comments from the public. Paul Hisborn, 20 Dorothy Avenue, Jim Tompkins, 10 Rozum Circle, and Don Bragg, 12 Rozum Circle, each stated their opposition to the zone change citing the fact that the area is residential and the noise that would be generated from a sandblasting operation would cause an unacceptable disturbance to the neighborhood. Mr. Bragg played a recording of noise coming from Mr. Battiste's property recently, implying that Mr. Battiste was operating a sandblasting machine. Mr. Tompkins stated that he witnessed Mr. Battiste doing sandblasting on the premises, a complaint was made and the police were called to stop the work being done. Rocco Lucia, 6 Rozum Circle, stated he was concerned with the effects that a sandblasting business would create on the environment. Chairman Hiscox stated for the public that the Commission at this time is considering an application for a zone change only. Any proposed site plan would require a separate application and public hearing. Domenic Troiani, 57 Morris Road, asked what exactly the Commissioners base their decisions on for a zone change. Chairman Hiscox stated the location of the property with respect to other residential and/or industrial zoned property would be considered, as well as insuring that approval of the zone change would be in conformity with the Town's Plan Development. Chairman Hiscox also addressed Mr. Battiste, suggesting that he check in the land use office before operating any equipment on his property to insure that he is in compliance with zoning regulations. Barbara Bragg, 12 Rozum Circle, asked what the required buffer zone on an industrial zoned parcel. Chairman Hiscox replied that a 100- foot buffer is required. Jack Geary, 65 Morris Road, stated his concern was that if the zone change is approved, there is no guarantee that Mr. Battiste's business would settle there. Once the change is approved, it opens the doors for many other types of businesses that could have any adverse effect on water supply and the environment. David Byrne, 23 Rockridge Terrace, is opposed to the application because he and his neighbors purchased property in the area based on the rural character that currently exists. He feels a zone change would adversely affect residents in the area in the area and possibly property values. Mr. Byrne suggested that there were several other areas along Route 68 already zoned industrial that Mr. Battiste could relocate to. The public hearing was closed for the evening at 8:18 p.m. and will continue on October 4, 2000 at 8:00 p.m.

b. Ralph J. DeLeo, Trustee, 166 Waterbury Road. Site Plan Application for Medical Facility and Adult Day Care. The public hearing was opened at 8:19 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. It was noted that the Prospect Inland Wetland Wetlands Commission has approved his project. A letter dated September 18, 2000 from OCC Design Consortium, LLC, was read into the record with recommendations for additional information. Attorney Thomas Porzio, representing the applicant, and Terry Meyers, Meyers of Meyers Associates, P.C., presented the site plan for a 3-story medical facility and a 1-story adult day care being proposed for a 9-acre parcel on Route 69. The applicant is currently negotiating with the City of Waterbury. Although DPUC Regulations require water to be provided from The Connecticut Water Company, the applicant is trying to negotiate an agreement with Prospect and Waterbury to have water brought in from Waterbury, citing it would be closer and more effective. Chairman Hiscox suggested that there might be potential benefits to the Town of Prospect for the water line to be extended from Prospect. A total of 198 parking spaces are being proposed, including handicapped spaces where required. A dumpster area had been included on the lower level hidden from view. Mr. Meyers reviewed the proposed drainage system for the project as well as a brief overview of the proposed plan for Waterbury in order to provide a full conceptual plan for entire prroject. Mr. Meyers stated that the applicant has responded to just about every comment included in the recommendations by the Town Engineer. G. Graveline questioned the elevations on the 3-story medical facility. Mr. Meyers explained that the building would appear to be a 2-story building from the Route 69, the lower level would be visible on the Waterbry side. Chairman Hiscox asked for public comment. John Sullivan, 38 Summit Road, was concerned with water runoff from the parking areas that would be contaminated with oil. Mr. Meyers explained the drainage system includes 3 catch basins with oil separators to contain the oil and sand runoff. Mr. Sullivan was also concerned with the possibility of stagnant water in the proposed pond within the housing development in light of growing concerns associated with the West Nile Virus. Kathleen Hack, 159 Scott Road, asked if either of the two facilities would be used as a convalescent home. Mr. Meyers explained the medical facility would be a public treatment facility, including doctor's offices and laboratories. The adult day care would be for daytime only, with no overnight stays. It would not be a convalescent home. The adult residential community on the Waterbury portion of this project would be gated community with individual cluster houses. The units would be privately owned. Edward Miller, 29 Woodcres Drive, asked if a D.O.T. traffic study has been done and whether the Route 69 Corridor Study currently in progress will affect this project. Bruce Hillson of Traffic Engineering Solutions was introduced and provided the Commissioners with a copy of a traffic study dated September 2000. Mr. Hillson asked for a contact name for the Route 69 Corridor Study so he could coordinate the two projects. The following recommendations were included in the traffic study report: a) to build the islands located in the access drive to be continuous; b) the exit driveway should be widened to allow for two cars to exit at the same time, one right and one left; c) work with the State D.O.T. to widen Route 69 southbound to create a paved bypass capability. D. Pomeroy suggested that Route 69 northbound traffic should be considered as well for traffic slowing to turn into the medical facility. Mr. Hillson also stated that the traffic study indicates that a traffic light is not warrented, and is not being recommended. Domenic Briglia, 13 Saunders Lane, stated that merging of two lanes to one at Bateswood Drive southbound on Route 69 should be taken into consideration when conferring with the State D.O.T. D. Pomeroy asked who would be responsible for maintaining the oil/water separators for the project. Mr. Meyers stated the maintenance would be contracting out by the owners and would ordinarily be cleaned twice a year. G. Graveline asked whether a drop off point could be included near the entrance to the day care. Mr. Meyers stated that the driveway in front of the day care was 24 feet wide allowing enough room for a vehicle to pull to the side and another vehicle to pass. The driveway would be marked one way. There were no further comments from the public. Attorney Porzio asked that the public hearing be closed and assuring the Commissioners that the applicant would submit a copy of the final plans addressing the concerns of the Commissioners and the Town Engineer. B. Donovan cautioned the Commissioners that this property abuts the City of Waterbury and the sedimentation concerns mentioned by the Town Engineer might be a reason to keep the public hearing open for pond within the project's wetland area and the pond would be completed before the project is finalized. He assured the Commission that the City of Waterbury is aware of the project and being kept informed of the progress. He also reminded the Commission that the Council of Governments had reviewed the project during the zone change process and all of their concerns had been addressed. The Commissioners were satisfied that the applicant would provide finalized plans to the Commission responding to all recommendations by the Town Engineer as well as approval by the State D.O.T. prior to any approval of this application. Motion by G. Graveline, seconded by A. Havican to close the public hearing for the proposed medical facility and adult day care with the stipulation that additional information will be coming regarding the traffice issues and finalized plans addressing the concerns noted by the Town engineer. Unanimous

Old Business:
b. Town of Prospect - Plan of Development. Roy O'Neill of Harrall-Michalowski Associates, gave an update on the Consultant's work to date, including the mapping progress being made using information obtained from the Assessor's maps and individual parcel information. Mr. O'Neill explained the next step is to set goals and objectives with respect to maintaining, improving or altering the existing conditions and trends. A questionnarie was presented to the Commissioners to help in setting goals and objectives in various areas. The Commissioners reviewed the questions with Mr. O'Neill. It was agreed that a questionnarie would be sent out to the various Town Commissioners and Staff and that separate public meetings would be set up to invite everyone to give input for setting the Plan's goals and objectives. A formal letter would be sent to individual members of the various Commissions as well as posting a general public notice to encourage participation at these meetings. The first pulic meeting will be held on October 25, 2000 at 7:00 p.m., focusing on groups having authority over municipal activities, ie., Inland Wetlands, Conservation, Park & Recreation and Public Works. Members of the Land Trust should be encouraged to attend this meeting as well. The second public meeting will be held on November 29, 2000at 7:00 p.m. focusing on business and economis uses, i.e., Chamber of Commerce, Economic Development and business leaders.

Land Use Inspector's Report: Bill Donovan stated he would be attendinng the Highway Access Management Seminar by the Council of Governments. He also received a letter from NEMO stating that they will make themselves available, if requested by the Town, for technical services in updating the Plan of Conservation and Development. It was recommended by H.M.A. that the Town take advantage of this service. Motion by A. Havican, seconded by D. Wallace to accept the Land USe Inspector's Report. Unanimous.

Public Participation: Madgy Galal, 28 Holley Lane, stated he had several concerns with the approval of the amendement to the home occupation permit for George Hermes' dog training facility. Mr. Galal's property abuts Mr. Hermes and he hears dogs cosistently barking day and night. Chairman Hiscox asked if the dogs were roaming or contained. Mr. Galal responded that he has seen roaming dogs coming from the direction of Mr. Hermes' property, but could not say if the dogs were Mr. Hermes' or not. Mr. Galal's ultimate concern is for his children who are afraid to go into their own back yard because of the dogs. He doesn't feel this permit is appropriate for a residentialneighborhood. Chairman Hiscox explained that Mr. Hermes has the right to have as many dogs of his own on his property as he wishes, as long as they are licensed and explained the current home occupation permit, including the amendment approved earlier in the meeting. Mr. Galal was instructed to report any roaming dogs to the Dog Warden and any excessive barking or noise attributable to dogs being boarded should be reported to the Land Use Inspector. Chairman Hiscox indicated that, to date, there have been no formal complaints against the exisiting home occupation permit.

Motion by A. Havican, seconded by D. Wallace to adjourn at 11:12 p.m. Unanimous.

Robert Hiscox
Chairman