P&Z Minutes - December 5, 2001

Planning & Zoning

December 5, 2001

Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Donald Pomeroy, Thomas Galvin
Alternates Present: Francis Carpentier
Others Present: Bill Donovan, Land Use Inspector
Members Absent: None

Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Bill Donovan explained that a vote was required to elect a Chairman and Vice Chairman due to the recent local elections. Motion by A. Havican, seconded by G. Graveline to elect Robert Hiscox as Chairman of the Planning and Zoning Commission. Unanimous. Motion by D. Pomeroy, seconded by A. Havican to elect E. Gil Graveline as Vice Chairman of the Planning and Zoning Commission.

Approval of Minutes: Motion by A. Havican, seconded by G. Graveline to approve the minutes of the November 7, 2001 meeting as amended. Unanimous.

Correspondence:

  1. Invoice #883095 dated November 30, 2001 from HMA, Inc., re: Plan of Conservation and Development for $750.00.
  2. Announcement from HMA, Inc., re: new appointments.
  3. Approved Minutes of the Prospect Inland Wetlands Commission dated September 24, 2001.
  4. Approved Minutes of the Prospect Inland Wetlands Commission dated October 22, 2001.
  5. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter - Fall 2001.
  6. Connecticut Institute of Water Resources 2001-2002 Seminar Series "Public Health & Connecticut's Water Resources".

Motion by T. Galvin, seconded by D. Pomeroy to accept the correspondence. Unanimous. Motion by A. Havican, seconded by G. Graveline to pay the invoice for HMA, Inc., dated November 30, 2001 in the amount of $750.00. Unanimous.

Public Participation: None
Old Business: None

New Business:
a. Rosanne Longo, 40 Center Street. Application for a Change in Use - Skin Care Center. Rosanne Longo presented an application with a site plan for a skin care facility at 40 Center Street. The plan has Chesprocott approval. The property is zoned Design Commercial. B. Donovan explained that a skin care facility would fall under the same regulations as a beauty parlor/barber shop and it is a permitted use in a C-D zone. Mrs. Longo estimated that about 5 of the existing 16 parking spaces would be used for this facility and hours of operation would be Tuesday through Friday 9:00 a.m. to 9:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m. No environmentally hazardous materials are used and there would be no medical wastes. A sign would be added to the existing signpost at the property. Application fees of $25.00 and $10.00 have been paid. Motion by D. Pomeroy, seconded by T. Galvin to accept and approve the application for a change in use for a skin care center at 40 Center Street as presented. Unanimous.

Bill Donovan reviewed the release of bond request for Horserun Estates submitted at the last meeting. Bill explained that at the last meeting the request was not acted upon because of a concern with the site line coming out onto Route 68 and the fact that the merge lane was not installed according to the Motion of Approval. B. Donovan and G. Graveline discussed the issue with Gene McCarthy, Assistant Director of Public Works, and were told by Mr. McCarthy that Trotters Way is actually 13 feet wider at the connection onto Route 68 than a normal road. Also, the usual road width at the radius of the curb is normally 30 feet wide. At Trotters Way, the 30-foot road width was extended out an additional 5 feet, making the roadway going onto Route 68 wider and enhancing the site line for vehicles turning uphill onto Route 68. Mr. McCarthy also stated that the Town took on the responsibility for maintaining the site line at Trotters Way at the time of construction because of the concerns of the Planning & Zoning Commission. The Commissioners had no further concerns. Motion by G. Graveline, seconded by A. Havican to approve the final bond release for Horserun Estates Subdivision in the amount of $48,600.00. Unanimous.

Public Hearings:
a. Gary Zimyeski, 124 Union City Road. Application for a 2-Lot Resubdivision - Union City Road. The public hearing was opened at 7:21 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. Ted Witek, Professional Engineer and Land Surveyor, represented the applicant and presented a map showing the 2-lot resubdivision. Mr. Witek explained that the applicant is seeking approval to re-subdivide property located at 124 Union City Road in order to transfer ownership of 2.407 acres on the westerly side of the property to Anthony Scionti, owner of Eagle Auto Body. Access to the subdivided parcel would be through Mr. Scionti's property on Route 68. Chairman Hiscox read a letter dated November 7, 2001 from Attorney Michael Cicchetti confirming that his clients, Albert W. Miller, Anthony J. Scionti and Janice M. Scionti, intend to take title to the 2.407 acre parcel if the subdivision is approved. Chairman Hiscox asked for public comment. Ted Grieder, 140A Union City Road, asked if the brook that runs to his property would be effected. Chairman Hiscox explained that nothing is being proposed for the property at this time other than a line change. Idalina Lucas, 20 Rockridge Terrace, asked for clarification of the line change and also stated that she had not been notified of the prior application for a zone change from residential to industrial on this property. Anthony Scionti, co-owner of 128 Union City Road, stated that he has no objection to the resubdivision. There were no further comments from the public. Motion by G. Graveline, seconded by A. Havican to close the public hearing for Gary Zimyeski Et Al for a 2-lot resubdivision at 124 Union City Road. Unanimous.

Motion by D. Pomeroy, seconded by A. Havican to approve the 2-lot resubdivision at 124 Union City Road as presented with the stipulation that the recording date of the resubdivision coincide with the transfer of property to Mr. Scionti. Unanimous.

New Business:
a. O & G Industries, Inc., 112 Wall Street, Torrington. Application for Annual Renewal of Special Permit at Salem & Spring Roads. Kenneth Faroni, Planning & Permit Coordinator for O & G Industries, submitted the application for the annual renewal of a special permit for earth removal at Salem and Spring Roads. Chairman Hiscox reviewed the history of the special permit for the new commissioners. Chairman Hiscox also reviewed with the commissioners the complaint log submitted with the application, noting that complaints were typically due to trespassers and all-terrain vehicles being operated on the property. Motion by G. Graveline, seconded by T. Galvin to accept the application from O & G Industries, Inc., for annual renewal of the special permit at Salem and Spring Roads and set a public hearing for January 2, 2002 at 7:15 p.m. Unanimous.

Land Use Inspector's Report: Chairman Hiscox relayed recent complaints from Platt Drive residents regarding the Christiano's at 27 Platt Drive, pertaining to clients in the evening and on Saturday and Mr. Christiano's tractor trailer truck left running and unattended for extended periods of time. Chairman Hiscox stated that he has asked Bill Donovan to check with the Town Attorney to see if it would be appropriate to send a follow up letter to Mrs. Christiano stating that if she is conducting business in the evening and on weekends, the Town is formally notifying her to cease and desist any activities that deviate from the approved home occupation permit. Chairman Hiscox emphasized that the Commission is not accusing Mrs. Christiano of violating her permit, but formally notifying her of the complaints being received. If the Town Attorney feels it would be inappropriate to send a formal notification at this time, the letter would not be sent. Bill Donovan discussed a previous issue concerning Virginia Estates Subdivision on Scott Road regarding the possibility of illegal dumping that may have gone on at some point in time prior to the subdivision. Bill reviewed the extensive testing required by the Commission and Chesprocott to determine if there were any obvious issues that could be related to the suspected dumping. The subdivision was subsequently approved, but it was noted in the approval that, given the history of the parcel itself, if there were any later discovered problems as far as underground debris, building materials, etc., it was expected that the developer would correct the problem to make the lot suitable for development. The owners of Lot 6, in attempting to begin construction of a foundation, have found buried building materials. Attorney Robert Hannahan was in attendance representing the owners of Lot 6 and presented the Commissioners with photos of the site and explained that Site Tech, Inc., has estimated the cost to clean the property to make it suitable for a foundation to be a considerable amount. The property owners are asking if there is any action that the Planning and Zoning Commission could take to remind the developer of his responsibility as noted in the subdivision approval. Chairman Hiscox stated that in his opinion it would be the developer's responsibility to remove and dispose of discovered buried waste as noted in Item #6 of the Resolution of Approval for the Subdivision, however, he was uncertain what power the Commission would have at this point. Attorney Hannahan asked if a certified letter could be sent to the developer from the Planning & Zoning Commission stating that building debris has been discovered at this location that needs to be removed and that the Motion of Approval for the subdivision indicates that the developer should take responsibility for the removal of such debris. G. Graveline related his impression of what is buried are large boulders and fill, and as such, would not necessarily be a developer's responsibility to remove from an approved parcel. Chairman Hiscox stated he would like to have Gene McCarthy and Bill Donovan visit the site to confirm whether there is a concern with debris that needs to be removed prior to a letter being sent. The Commissioners agreed that Gene McCarthy and Bill should confirm what has been found on the property prior to any action being taken. D. Pomeroy reported that he has observed what seems to be a tree business on Plank Road. F. Carpentier stated that he has noticed the same operations. Bill Donovan was directed to visit the location to determine whether a business is being conducted at the site. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector's Report. Unanimous.

Public Participation: None

Motion by A. Havican, seconded by D. Pomeroy to adjourn at 9:00 p.m. Unanimous.

Robert Hiscox
Chairman