P&Z Minutes - January 17, 2001

Planning & Zoning

January 17, 2001

Board Members Present: Chairman Robert Hiscox, Gil Graveline, James Lehner, Alan Havican
Alternates Present: Donald Pomeroy, Daniel Wallace (7:03)
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Lezlye Zupkus

Chairman Robert Hiscox called the meeting to order at 7:01 p.m. The meeting was taped.
Chairman Hiscox seated D. Pomeroy for L. Zupkus.

Approval of Minutes: Motion by A. Havican, seconded by J. Lehner to approve the minutes of the January 3, 2001 meeting as presented. Unanimous.

Correspondence:

  1. Letter Dated January 8, 2001 from Bill Donovan to JoHanna & Luigi Demagistris, 198 New Haven Road - Expiration of Site Plan Approval.
  2. Letter Dated January 8, 2001 from Jane Fowler - Car Wash/Lube/Detail.
  3. Memo from Connecticut Federation of Planning & Zoning Agencies - Length of Service Awards.

Motion by J. Lehner, seconded by A. Havican to accept the correspondence. Unanimous.

Public Participation: Chairman Hiscox stated that if the audience wished to address the issue of a proposed car wash they could do so, but there is nothing currently on the agenda relating to a car wash. Chairman Hiscox further stated that if and when an application is received relating to a proposed car wash, there would be a formal public hearing at which time public comments would be part of the permanent record. There was no participation at this time.

Old Business:
a. Domenico & Edward DiLoreto, 20 Union City Road. Site Plan Review. Chairman Hiscox noted that Mr. DiLoreto had been invited to discuss concerns regarding the storage of vehicles at the intersection of Union City Road and Old Schoolhouse Road. Bill stated that he expected Mr. DiLoreto to be at tonight's meeting. Discussion on this matter was put off until later on the agenda.

Public Hearings: None

New Business:
a. Greater Waterbury YMCA, Chapel Hall, 10 Center Street. Relocation of After School Program. Paula Labonte presented the application on behalf of the YMCA to move the location of an after school program, currently at Algonquin School, to Chapel Hall, a Town-owned facility. There are currently 20-25 children in the program with a student to teach ratio of 10-1. There is adequate space in the building for this program. The Fire Marshal has walked through the building and final Chesprocott approval is expected within the next week. B. Donovan confirmed that it is a permitted use. The children would be bused from Algonquin School to Chapel Hall. The program offers the children help with homework, indoor and outdoor recreation and snacks. This is a State- licensed program that requires outdoors play scape. When the weather permits, the children would be taken to Community School Playground for the outdoor recreation. Motion by A. Havican, seconded by D. Pomeroy to accept the application for the Greater Waterbury YMCA for an after school childcare program as presented. Unanimous. D. Pomeroy asked if there was an insurance issue on behalf of the Town of Prospect and/or Region 16. He was also concerned that written approval should be granted from the Town Council for the use of Town property and Region 16 for the use of Community School playground. Ms. Labonte stated that she has supplied the Mayor with a Certificate of Insurance and the Mayor is reviewing a Draft Use Agreement. Ms. Labonte also asked if a sign would be allowed on the lawn outside of the building for parents to identify the location. The Commission agreed that a sign, no larger than 3 square feet, would be allowed. Motion by G. Graveline, seconded by A. Havican to approve the application for the Greater Waterbury YMCA After School Childcare Program as presented, contingent upon the timely filing of letter from Mayor Chatfield on behalf of the Town's approval for the use of the building and a letter from Dr. Skrzyniarz on behalf of the Region 16 Board of Education for the use of Community School playground. Unanimous.

b. G.I.L. Foundation, 34 Waterbury Road. Change in Commercial Use - Administrative Office. Mark Guastaferri, property manager at 34 Waterbury Road, and Joe Mascia, Executive Director of the G.I.L. Foundation, presented the application for an administrative office at the location formerly occupied by Bagels N More. The G.I.L. Foundation operates residential facilities for the disabled in Cheshire and Prospect. The administrative office would consist of 5 employees, 2 of which are part-time. Hours of operation would generally be from 8:00 a.m. to 5:00 p.m., Monday through Friday. There is sufficient parking in the back of the building for the employees. A sign would be mounted in the front door of the office. Motion by D. Pomeroy, seconded by G. Graveline to accept the application for G.I.L. Foundation, Inc., for an administrative office. Unanimous. Motion by J. Lehner, seconded by A. Havican to approve the application for G.I.L. Foundation, Inc., for an administrative office for property located at 34 Waterbury Road as presented. Unanimous.

c. Naugatuck Savings Bank, 24 Waterbury Road. Site Plan Application - Bank. Chairman Hiscox read a letter from Bill Donovan stating that Inland Wetlands approval is not required for this property. A letter was submitted from the Naugatuck Savings Bank authorizing Terry Meyers of Meyers Associates and Earl Lindgren of Earl Lindgren Architects to represent the bank. Mr. Meyers reviewed the site plan for a proposed bank at the corner of Chandler Drive and Route 69. A 3,086 square foot building is being proposed, using the existing foundation, with a canopy over the northerly side of the building. The ATM would be against the building wall with two drive-up services and a by-pass lane. A white buffer would be provided along the entire backside of the property. Chesprocott Health District has approved the site plan. The applicant is proposing a 3' X 8' sign lit with interior illumination. Chairman Hiscox asked that a sketch of the sign be submitted. The Commissioners discussed their concerns with the flow of traffic in and out on Route 69 and on Chandler Drive. Mr. Meyer stated that the plans have been submitted to the State Department of Transportation and that the preliminary review doesn't indicate any problems with the site lines and curbs cuts. Discussion was held on the circulation pattern around the proposed building and drive-up services. Mr. Lindgren described the architecture and floor plan for a one-story Colonial style, brick-faced building. Mr. Meyers noted suggested modifications, particularly with regards to the drive-up services, and stated that he would have a revised plan for the next meeting. Motion by A. Havican, seconded by D. Pomeroy to accept the site plan application for Naugatuck Savings Bank for property located at 24 Waterbury Road as presented. Unanimous.

Chairman Hiscox suspended current business to allow public participantion.

Public Participation: Members of the Prospect Safety Committee, Douglas Merriman, Mary McCormack and John Sullivan, addressed the Commission concerning the ongoing problems with the Sunoco Station at the corner of Route 68 and Old Schoolhouse Road. The Safety Committee has received many complaints regarding the storage of vehicles at that location as well as on Hydelor Avenue and requested that action be taken to correct the problem. Mr. Sullivan also stated his concern with the flow of traffic in and out of the proposed Naugatuck Savings Bank, noting the close proximity to the Summit Road/Route 69 intersection.

New Business: Pete Daddona, d/b/a Paint Ball Adventure Games, 54A Talmadge Hill Road. Application for Annual Renewal of Special Permit with Added New Game - "Speed Ball". Pete Daddona presented the application for annual renewal of the special Permit for Paint Ball Adventure Games with an added new game, "Speed Ball". Mr. Daddona described the new game and stated that there would be minimal modifications to the property. There would be no removal of trees. Bill Donovan stated there have been no complaints regarding the current operation. In July of 2000, Mr. Daddona had applied for an amendment to the special permit to allow for nighttime operations. Tha application was denied because it was felt that the addition of lighting would create a potential for neighborhood disruption and possibly jeopardize the success of the current operations. Chairman Hiscox stated that he would have no objections to the added game as long as it was played during daylight hours. Chairman Hiscox is still opposed to any nighttime operations that would require lighting. D. Pomeroy and G. Graveline stated their opposition to nighttime operations as well. Mr. Daddona was asked to provide a more detailed site plan with the layout of the added game to include netting around the area for a buffer. Motion by G. Graveline, seconded by A. Havican to accept the application for Paint Ball Adventure Games for an annual renewal of Special Permit with added new game "Speed Ball" and set a public hearing for February 7, 2001 at 7:15 p.m. Unanimous. Fees for this application were set and paid in the amount of $275.00 and $10.00. The Commissioners questioned Mr. Daddona regarding the signage and trailer parked at the corner of Old Schoolhouse Road and Route 69. Mr. Daddona stated that the signs will be takend down and replaced with one that conforms to the regulations. Mr. Daddona also stated that he would move the trailer.

Land Use Inspector's Report: B. Donovan submitted a letter from A.C.E. Development Group, LLC, requesting a final bond release for Traditional Estates Subdivision, Phase III. Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy, Assistant Director of Public Works, recommending the release of the remaining $25,500.00 bond for Tradition Estates Subdivision, Phase III. Motion by D. Pomeroy, seconded by A. Havican to approve the release of bond for Tradition Estates Subdivision, Phase III, as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill suggested to the Commissioners that the updating of the Town's Plan of Development should include a section on telecommunication towers specifying what areas in Town are prefered for such towers. Although the Connecticut Siting Council now has the authority to decide where the towers will be located, Bill stated that Cities and Towns are being encouraged to participate in the applocation process. It would benefit the Town to have written guidelines to present to the Siting Council when applications are being process. It would benefit the Town to have written guidelines to present to the Siting Council when application are being considered. Chairman Hiscox asked Bill to bring this issue to the attention of the planning consultants. The Commissioners discussed the ongoing problems with temporary garages. Bill was instructed to continue to follow through with enforcement procedures and hopefully by spring they'll be taken down. Motion by A. Havican, seconded by J. Lehner to accept the Land Use Inspector's Report. Unanimous.

Old Business:
a. Domenico & Edward DiLoreto, Prospect Service Center & Towing, 20 Union City Road. Chairman Hiscox stated that Mr. DiLoreto has had two opportunities to appear before the Commissioners. Having heard more public concern with this site regarding the storage of vehicles on Old Schoolhouse Road and Hydelor Avenue as well as possible environmental concerns with oil spills and washing of vehicles at 20 Union City Road, Chairman Hiscox stated that he would like B. Donovan to do whatever is necessary to enforce the clean up of this operation. B. Donovan explained that when you have a non-conforming use, the regulations allow some growth, but you can't have an illegal expansion. Prospect Service Center is now into storage which was added after zoning. Bill stated that the Commissioners need to determine if the additional use of storage is an illegal expansion. It was agreed by the Commissioners to direct B. Donovan to issue a Cease and Desist, contact the Department of Environmental Protection to do an assessment of the site and also request that the Mayor do whatever he can to enforce the law at this location.

Chairman Hiscox stated that the YMCA had requested in writing that the application fees for the After School Childcare Program be waived as they are a non-profit entity. The Commissioners felt that since the program was being held in a town-owned building with the approval of the Mayor and the fact that the YMCA is a non-profit group, the application fees would be waived. Motion by D. Pomeroy, seconded by A. Havican to honor the request of the YMCA to waive the application fees because they are a non-profit organization and the building being utilized for this program is a Town-owned facility. Unanimous. Chairman Hiscox reminded the Commissioners about the organizational meeting of the Land Acquisition Committee scheduled for January 24, 2001. Both the Water Company and the Land Trust are expected to give presentations at this meeting.

Motion by D. Pomeroy, seconded by G. Graveline to adjourn at 9:36 p.m. Unanimous.

Robert Hiscox
Chairman