P&Z Minutes - April 18, 2001

Planning & Zoning

April 18, 2001

Board Members Present: Gil Graveline, Alan Havican, Daniel Wallace
Alternates Present: Donald Pomeroy
Others Present: Bill Donovan, Land Use Inspector
Members Present: Chairman Robert Hiscox, James Lehner

Acting Chairman Gil Graveline called the meeting to order at 7:02 p.m. The meeting was taped. D. Pomeroy was seated for R. Hiscox.

Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the April 4, 2001 meeting as presented. Unanimous.

Correspondence:

  1. Harrall-Michalowski Associates, Inc., Invoices #882928 dated March 30, 2001 for the Plan of Conservation and Development.
  2. Inland Wetlands Commission Approved Minutes - March 26, 2001.
  3. Letter to Attorney Thomas Brunnock from Bill Donovan dated April 6, 2001 re: Plan Showing Land of Donald Oldakowski, Spring Road - November 19, 2000.
  4. State of Connecticut Department of Environmental Protection Notice of Tentative Determination - U.S. Army Corps of Engineers, Connecticut Programmatic General Permit.
  5. Council of Governments Central Naugatuck Valley Memo #040401 re: Nominations for Outstanding "Regional" Planning Efforts dated April 4, 2001.
  6. Video Offer on Educational Forum on Cell Towers from Berkshire-Litchfield Environmental Council, Inc.

Motion by D. Pomeroy, seconded by D. Wallace to approve payment of $3,275.00 to Harrall-Michalowski Associates, Inc., Invoice #882928 dated March 30, 2001 for the Plan of Development. Unanimous. Motion by A. Havican seconded by D. Pomeroy to accept the correspondence. Unanimous. Motion by A. Havican, seconded by D. Wallace to add Public Participation as Item (4a) to the agenda. Unanimous.

Public Participation: Mayor Robert Chatfield, 5 Cornwall Avenue, stated for the public that the office of the Mayor had no authority over the Planning & Zoning Commission. Mayor Chatfield asked the Commissioners to use the utmost caution in determining the appropriate action to take regarding the renewal of the Home Occupation Permit on Platt Drive. Letters from Tom & Rose Semeraro, 16 Platt Drive, and Sue & Greg Iwinski, 35 Platt Drive, were read into the record opposing the renewal of the Christiano Home Occupation. Also submitted was a copy of the objections submitted in May 2000 by several residents of Platt Drive.

New Business:
a. Wesson, Inc., 28 Waterbury Road. Application for an Added Use - Propane Cylinder Exchange Program. Andrew Tatakis of Paraco Gas Presented an application for a propane exchange program at the Texaco Gas Station located at 28 Waterbury Road. Bill Donovan stated that he spoke with Bob Wesson of Wesson, Inc., and Mr. Wesson is sending an authorization letter for Mr. Tatakis to act as agent for Wesson regarding this application. Mr. Tatakis explained that the propane cylinders would be stored outside at the south side of the building in steel cages. Customers would exchange their empty propane tanks for a filled tank fitted with a safety valve. Mr. Tatakis stated that the Fire Marshal was in favor of the proposal. Propane cylinders would not be allowed inside the building. All employees would attend safety-training classes. Regularity of deliveries would depend on the popularity of the program. Motion by D. Pomeroy, seconded by A. Havican to accept and approve the application for a propane cylinder exchange program at 28 Waterbury Road with the condition that an authorization letter is received for the file from Wesson, Inc. Unanimous.

Old Business:
a. Chad Genovese, 103 New Haven Road. Review of Home Occupation Permit - Custom Welding & Design. The home occupation permit for Custom Welding & Design was approved by the Planning & Zoning Commission on March 1, 2000 and a zoning permit was issued on March 16, 2000 with the condition that a review for compliance would be made after (1) year. Bill Donovan stated that Mr. Genovese has complied with the conditions set in the Resolution of Approval and suggested that the Commissioners allow the permit to remain in effect for the remainder of the 3-year period. The Commissioners agreed to allow the home occupation permit to remain in effect for the balance of a 3-year period. (March 16, 2003).

b. Peter Daddona d.b.a. Paintball Adventure Games, 54A Talmadge Hill Road. Amendment to Special Permit - Outside Storage Facility. Pete Daddona presented an application for a modification to his permit to allow for a 20' X 20' wooden shed. The shed would be located at the back portion of the parking area. In addition to storage of rental equipment, the shed would provide shelter for patrons. The shed would also eliminate the need for a seasonal canopy and the trailer that is currently parked at the corner of Old Schoolhouse Road and Route 69. D. Pomeroy asked that Mr. Daddona note on orginail site plan exactly where the shed would be located. Motion by D. Pomeroy, seconded by A. Havican to accept and approve an amendment to the Special Permit for Paintball Adventure Games to add a 20' X 20' storage shed for property located at 54A Talmadge Hill Road. Unanimous. Mr. Daddona was also asked to let Bill Donovan know when he was installing the shed.

c. Kathleen Christiano, 27 Platt Drive. Renewal of Home Occupation Permit, A.C.E. Personal Trainer, Fitness for Women Only. Acting Chairman G. Graveline read aloud a letter by Kathleen Christiano reiterating the actions that she has taken to accommodate her in-home business. G. Graveline also read aloud the orginial Resolution of Approval for this permit. Attorney James Bonsignore, representing Mrs. Christiano, cited compromises that have been made, i.e., number of classes and size of class restricted, elimination of a sign and the issuance of a 6-month permit, rather than the normal 3-year permit with a review after 1 year. Attorney Bonsignore feels that the restrictions placed on Mrs. Christiano regarding the number of clients allowed per day is unreasonable, as there is nothing in the regulations limiting the number of clients. It was noted that the parking area beyond the garage is completed. Mrs. Christiano is asking that she be allowed to schedule clients at her discretion from 6:00 a.m. to 6:00 p.m., Monday through Friday. D. Pomeroy suggested that Bill Donovan have the Town Attorney review the regulations and the Commissions actions. D. Pomeroy also noted that he had excused himself from the original home occupation permit proceedings as he is acquainted with a resident of Platt Drive and asked if B. Donovan would check with the Town Attorney to see if there is a conflict. Mr. Christiano stated that his truck is not at his home other than to make deliveries. Mr. Christiano also stated that he willingly changed the location of his driveway, moving it 4 feet from his property line, so as not to disturb his neighbor's underground utility lines. The Commissioners agreed to have the Town Attorney review the regulations pertaining to this home occupation permit and tabled the request for renewal until the next meeting. It was noted for hte record that the orginisl Resolution of Approval read earlier on the evening is still in effect with no charges.

d. Appointment of Representative to the Regional Planning Commission. D. Pomeroy stated that he would serve as the representative for the Town on the Regional Planning Commission.

Public Hearings: None

Land Use Inspector's Report: Bill Donovan noted that he would be defending the Cease and Desist order against Prospect Service Station, Union City Road, at the Zoning Board of Appeals meeting on Tuesday, April 24th. Bill also noted that the public hearing before the Inland Wetlands Commission on the proposed car wash for Waterbury Road would be on May 14, 2001. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector's Report. Unanimous.

Public Participation: Residents of Platt Drive restated their opposition to the renewal of the Home Occupation Permit for Kathleen Christiano particularly in light of the fact that Mrs. Christiano has not adhered to the conditions stated in the original Resolution of Approval regarding the hours of operation and vehicle parking. The residents feel that although Mrs. Christiano provides a valuable service to her clients, the regularity of clients coming to her home is not suitable for a residential neighborhood.

D. Wallace stated that the site plan approved for Naugatuck Savings Bank indicated that the new building would be built on the original foundation. Dan noted that the orginial foundation has been removed and asked whether the applicant has made any modifications to the site plan. B. Donovan stated that he is not aware of any modifications to the site plan, but he will contact the engineer for the project.

Motion by A. Havican, seconded by D. Wallace to adjourn at 9:58 p.m. Unanimous.

Gil Graveline
Acting Chairman