P&Z Minutes - September 6, 2000

Planning & Zoning

September 6, 2000

Board Members Present: Chairman Robert Hiscox, Gil Graveline, James Lehner, Alan Havican

Alternates Present: Daniel Wallace, Donald Pomeroy

Others Present: Bill Donovan, Land Use Inspector

Members Absent: Lezlye Zupkus

Chairman R. Hiscox called the meeting to order at 7:03 p.m. The meeting was taped.
Chairman Hiscox seated C. Wallace for L. Zupkus and Bill Donovan served as temporary clerk until 7:25 p.m. D. Pomeroy was seated for G. Graveline at 8:00 p.m.

Correspondence:

  1. American Planning Association Subscription Offer for "Planning" Magazine.
  2. Regional Plan Association Newsletter - Summer, 2000.
  3. Connceticut Federation of Planning & Zoning Agencies Quarterly Newsletter - Summer, 2000.
  4. Council of Governments Central Naugatuck Valley Minutes of the June 6, 2000 Regional Planning Commission Meeting.
  5. The Connecticut Landscape Architect - Summer, 2000.

Motion by J. Lehner, seconded by G. Graveline to accept the correspondence. Unanimous.

Approval of Minutes: Motion by D. Wallace, seconded by G. Graveline to approve minutes of the August 16, 2000 meeting as presented. Unanimous.

Public Participation: None

Old Business:
a. John Holley, Jr., 15 Merriman Lane. Application for 3-Parcel Subdivision - 22 Merriman Lane. The public hearing on this application was closed on August 16, 2000. Bill Donovan stated that Mr. Holley has submitted a revised map showing the correct property lines for the abutting properties with the engineer's stamp and signature. The Commissioners reviewed a Draft Motion of Approval that included a stipulation that the sale of the two non-conforming lots created must be finalized prior to recording the mylar map. Motion by G. Graveline, seconded by A. Havican to accept the Draft Motion of Approval for Lot 22 "Castleview Estates" Subdivision as presented. Unanimous

b. Roger L. Hamelin, 1 Merriman LAne. Application for Home Occupation Permit - Limousine Service. The application for this permit was accepted at the August 16, 2000 meeting. B. Donovan presented a Draft Resolution of Approval for Home Occupation Permit. There was no dicussion. Motion by A. Havican, seconded by j. Lehner to accept the Draft Resolution of Approval for a Home Occupation Permit for a Limousine Service at 1 Merriman LAne as presented. Unanimous.

c. Town of Prospect - Plan of Development. B. Donovan reported that H.M.A., Inc., has just about completed the process of collecting necessary data. Several maps have been produced that will be incorporated with the Plan of Development. Bill tentatively set up a meeting for the Planners to update the Commissioners at the next Planning & Zoning meeting, September 20th, at 9:00 p.m. Bill stated that the Planners are aware of the water company property that is being proposed for sale, as well as the proposed industrial project off of Scott Road. The Commissioners agreed to place the update of the Plan of Development by H.M.A., Inc. on the next meeting agenda.

d. Wallace reminded the Commission that the D.E.P. would be conducting over-flights of Cheshire for the purpose of observing dirt bike and ATV riding on water company and private property in late October and early November and if the Commssioners were in favor of extending over-flights to included Prospect because of complaints received regarding dirt bikes and ATV's. It was suggested that the local Police Department contact the D.E.P. to coordinate the service.

Public Hearings: None

New Business:
a. Thomas Battiste, 40B Bronson Road. Appliaction for Zone Change from Residential to Industrial. Thomas Battiste, owner of 40A & 40 B Bronson Road, stated that access to both properties is at the end of Industrial Road. The property was previously zoned as industrial but at request of the former owners was changed to residential. Mr. Battiste would like to change 40B back to industrial for the purpose of moving his business to that location. He plans to keep 40A residential. Motion by A. Havican, seconded by J. Lehner to accept the applcation for a zone change for 40B Bronson Road and set a public hearing for September 20, 2000 at 7:30 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 present at the meeting. Mr. Paparazzo, the developer for the project, gave an informal overview of the proposed site plan for a 3-story medical facility and a 1-story aduly day care. G. Graveline asked whether the 3-story building would conform to the 35-foot maximum height requirement. Mr. Paparazzo stated the rear of the building would be three stories, the front would be of average height to conform to the regulations. B. Donovan stated that the Fire Marshall has a copy of the site plan. Mr. Paparazzo confirmed that a D.O.T. Traffic Study is being done and will be available for the public hearing. Utilities will run underground, water will be accessed from the Prospect, and sewers will connect to Waterbury. B. Donovan stated that the application that the project has received Inland Wetlands approval. Motion by A. Havican, seconded by D. Pomeroy to accept the application for a 3-story medical facility and a 1-story adult day care 166 Waterbury Road and set a public hearing for September 20, 2000 at 8:00 p.m. Unanimous.

c. George Hermes, 38 Merriman Lane. Added USe to Existing Home Occupation Permit. Mr. Hermes explained he would like to amend his home occupation permit to include the boarding of up to 5 dogs other than his own because he has requests from clients to keep dogs overnight for training. Mt. Hermes currently has a kennel license for his own 10 dogs through the Prospect Town Clerk. He is applying for a State kennel license to board dogs other than his own. His State license would be for up to 15 dogs because it would include his own. All keenels would be inside his home in the basement and there would be a run for each of the kennels. The kennels have to meet State Code. Chairman R. Hiscox stated that his concern is whether this proposal crosses the line from occupation to a commercial venture. Mr. Hermes stated that the State considers a kennel with 50 runs or more to be a Connceticut Kennel. He operates his kennel at his home as a hobby. He would like to have the ability for his clients to leave their dogs overnight for training. D. Wallace suggested that Mr. Hermes proposal does fit within a home occupation, noting that clients of various home occupation drop off work or items for compl;eteion by the proprietor. It was noted that the bulk regulations do not address kennels. B. Donovan confirmed that there are no documented complaints from neighbors. Mr. Hermes offered to bring signed statments from abutting property owners stating that they had no objections to his proposal. Chairman HIscox also asked that Mr. Hermes bring copies of his current license for the file. Motion by A. Havican, seconded by J. Lehner to schedule a site walk for September 13, 2000 at 5:30 p.m. at 38 Merriman Lane to review the existing dog training facility. Unanimous. An amended home occupation will be presented at the next Planning & Zoning meeting.

Land Use Inspector's Report: A letter dated August 17, 2000 signed by Gene McCarthy, Assistant Director of Public Works and Bill Donovan was submitted recommending a first bond reduction of $137,400.00 for Horserun Estates Subdivision, leaving a remaining balance of $48,600.00. Motion by D. Pomeroy, seconded by A. Havican to approve the recommendation by Bill Donovan and Eugene McCarthy for a bond reduction for Horserun Estates Subdivision. Unanimous. B. Donovan suggested that the Commissioners might want to amen the regulations allowing banquet facilities in a design Commercial zone. The owners of property at Route 69 and Murphy Road had requested a provision for banquet facilities in the regulations and an amendment was approved by the COmmission, but the regulations were amended to allow for banquet facilities in a General Commercial zone. The property on Murphy Road is zoned Design Commercial. The Commissioners agreed to put a review of the regulation amendment on the agenda for the first October Meeting. Chairman Hiscox noted for the record that he responded to inquires from residents on Platt Drive regarding trailers parked on the Christiano property. His response was that the trailers are allowed as part of a construction/moving phase. Once the home is completed, 40-foot trailers would not be allowed. Chairman Hiscox has also received complaints regarding roosters. D. Donovan stated the regulations on livestock allow for no more than 2 on a minimum of 3 acres of property for domestic, non-commercial use. It was noted that B. Donovan has not recieved any response to the letters sent regarding temporary garages and the Town Attorney has not yet sent a letter to Mr. LaCombe regarding the bucket truck parked on his property.

Public Participantion: None

Motion by J. Lehner, seconded by A. Havican adjourn at 9:20 p.m. Unanimous

Robert Hiscox
Chairman