July 18, 2001
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Mr. Hiscox requested an amendment to the agenda to include a Possible Executive Session to discuss the appointment of the Land Use Inspector. Motion by D. Wallace, seconded by D Pomeroy to amend the July 18, 2001 agenda to include "Possible Executive Session to discuss appointment of the Land Use Inspector". Unanimous
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve minutes of the June 20, 2001 meeting as presented. Unanimous.
Correspondence:
Motion by A. Havican, seconded by D. Pomeroy to accept correspondence. Unanimous. Motion by D. Pomeroy, seconded by D Wallace to approve payment of projected cost of GIS Training Course for Land Use Inspector. Unanimous.
Public Participation: Mary McCormack, 7 Straitsville Road. Wanted to know the status of elderly housing in Prospect as she feels this type of an alternative housing development for seniors is badly needed. Chairman Hiscox responded that presently, no proposals for elderly Housing have been presented to Planning & Zoning and there is no indication that any proposal for an Elderly Housing Complex will be coming forward in the near future. Joseph Charest, 54 Woodcrest Drive wanted to know what facilities were being considered within the new Capland Park on Route 69. Commissioners responded there will be ball fields and a possible nature trail.
Old Business: Crumb Realty, 7 Grammar Avenue. Application for a Nursery School/Day Care Facility at 129 Union City Road (Lot 5, Prospect Industrial Park). Chairman Hiscox stated a scheduled Site Walk on this parcel did take place on Monday, July 16th at 6:00 p.m. All commissioners, along with the applicant, the applicant's engineer, Land Use Inspector and Assistant Director of Public Works were in attendance. The review of this Site Plan is being carried over until the next regularly scheduled meeting on August 1st.
Public Hearings: a.) Domenico & Franca DiLoreto, 20 Union City Road/1 Old Schoolhouse Road. Petition for a Change of Zone for 20 Union City Road and 1 Old Schoolhouse Road from the current Design Commercial (D-C) designation to General Commercial (G-C). The public hearing opened at 7:18 p.m. with Chairman Hiscox reading the notice of public hearing as it appeared in the Waterbury republican. Edward DiLoreto and Attorney Michael Broderick III are authorized agents for this petition. Attorney Broderick submitted a copy of a subdivision map entitled " Lot #4, John McCarthy Property", July-1965 showing the configurations and locations of the two parcels to each other and surrounding property. Attorney Broderick stated the desire to have the zone change is to be able to utilize both parcels in a conforming manner for a gasoline station/auto repair-towing operation. A discussion on the differences between a general commercial and design commercial parcel revealed the Design Commercial designation occurred in 1976, or approximately 15 years after zoning was adopted in Prospect. A design commercial parcel has a minimum lot area requirement of 40,000 square feet compared to 20,000 square feet for general commercial. The design commercial zone tends to be slightly more restrictive on permitted uses compared to a general commercial zone, although many permitted uses as listed under Section 300 of the regulations are allowed in both general and design commercial zones. Chairman Hiscox questioned whether a change to general commercial might be considered as spot zoning. Bill Donovan produced a map showing that the zone designation of lands surrounding the two parcels is a mix of design commercial and general commercial. G. Graveline asked what the area is of 20 Union City Road. B. Donovan responded the parcel is approximately ¼ of an acre, or about 12,000 square feet. There were no comments from the public. Motion by A. Havican, seconded by G. Graveline to close the public hearing at 7:37 p.m. Unanimous.
b. Domenico & Franca DiLoreto, 20 Union City Road. Application to amend Sections 210 & 300 of the Zoning Regulations to include Auto/Motor Vehicle Repair & Maintenance and Commercial Towing Operations/Business as permitted uses within a General Commercial zone. The public hearing opened at 7:38 p.m. with Chairman Hiscox reading the notice of public hearing as it appeared in the Waterbury Republican. Edward DiLoreto and Attorney Michael Broderick III are authorized agents for this application. Chairman Hiscox queried the applicant's agent on the meaning of various terms appearing in the application such as "temporary", "storage", "other motor vehicles" "other locations" G. Graveline also wanted clarification on the term "towing operation business" Chairman Hiscox stressed that approval of any additional use for a commercial zone applies to all like-zoned parcels in Prospect. Therefore, it is the commission's charge to sort out any confusion or uncertainty in just what the applicant is requesting as the commission's decision could have substantial impact on how other commercial areas in town are developed. The commission further requested clarification on "temporary storage" of the vehicles towed, concerned that multiple, stored vehicles left for an extended period would result in an unsightly, junk yard type condition. Mr. DiLoreto stated that vehicles can remain on site for 60-90 days, or possibly longer if required, although it is not his intention to encourage long term storage of any kind. Chairman Hiscox called for comments from the public. Mary McCormack, 7 Straitsville Road, asked why certain vehicles at 20 Union City Road have remained on site for several months and is also concerned with the area becoming overrun with stored vehicles. Mr. DiLoreto replied that there are two vans parked outside that are used as storage containers for various parts and equipment. George Marlak, 8 Maria Hotchkiss Road does not want to see uncontrolled development in this or other commercial areas in town. Bob Robinson, 3 Rowland Drive owns property at 14-16 Union City Road and does not want to see new commercial uses impair the character and property values of surrounding properties. There were no other comments from the public. Chairman Hiscox continued the public hearing on this matter over to the August 15, 2001 meeting at 7:15 p.m.
Public Meetings: Plan of Conservation and Development, Harrall-Michalowski Associates, Inc. Richard Harrall began the presentation by saying this meeting would concentrate on the economic development component of the Plan. Tom Kreykes of HMA then presented a detailed map of Route 69 from the Town center to the Waterbury town line. The Planners are recommending this portion of Route 69 be viewed as having four separate sections, each with its own "identity". The practice is called a "cluster" development approach with a goal of moving from piecemeal approval and development of the town to instituting a plan that can guide this sort of "themed" development. Clusters could be identified as a "gateway corridor", "business district" and "village center''. Each would have its own special character and restrictions on the type of commercial development permitted within each cluster. Advantages of this type of approach could limit future high-traffic generating uses to thwart area congestion, improve the architectural approval process on new buildings and develop strategy that would preserve the town character, including pedestrian walkways and new municipal open spaces. Chairman Hiscox encouraged participation from the public. Ann Stein, Cook Road questioned the feasibility of connecting high use roads such as Straitsville Road over to route 69 to help alleviate traffic congestion in the center of town. Other comments concerned the potential future increase in large truck traffic onto Scott Road from Route 69 resulting from development of the large industrial zone on Scott Road. It was mentioned that the town is looking at alternative truck routes to and from Scott Road, including access through the abutting Waterbury Industrial area. Terry Meisel, President of the Prospect Land Trust stated she feels the Plan concentrates heavily on the Development of the town and limits conservation details. She would like to see a more balanced plan, including a definition of "open space", more information and suggestions on recreational areas and expansion possibilities and preservation techniques such as conservation easements. Barney Kathan complimented the Planners on their work, but feels certain terms, such as "underdeveloped" need to be changed to better reflect existing use of parcels that do not have a main structure. Mr. Harrall asked the commission for any final comments or suggestions on the draft sections to date. A first final draft for review by the commission and legislative body would be made available upon request.
Land Use Inspector's Report: B. Donovan presented a letter from Bob Knapp requesting full release of the bond for the Raudius Farms subdivision. Bill submitted a letter signed by both him and Gene McCarthy recommending the bond be released at this time. Motion by G. Graveline, seconded by A. Havican to release the $67,000.00 bond held on the Raudis Farms subdivision. Unanimous. Bill also discussed a letter he received from the Connecticut Siting Council that has regulatory jurisdiction over the approval of telecommunications facilities. The letter stressed that although current law mandates all applications for telecommunications poles and attached equipment be heard by the Council, the individual towns are strongly encouraged to first review all such applications within their jurisdiction and provide the Council with information or comment prior to the date of hearing. Other items Bill mentioned were the Inland Wetlands approval of a proposed Car Wash facility on Waterbury Road and the continuation of an Inland Wetlands review for a proposed Sports Dome on Union City Road. Bill related he has issued a "Cease and Desist" enforcement order against a resident on Cornwall Avenue for excessive filling of his property without zoning approval. That individual may be coming before Planning & Zoning for a Site Plan approval in the near future. Bill also mentioned that Yankee Gas is committed to installing gas mains in Prospect on Routes 68 and 69, connecting their service from the Naugatuck town line to the Waterbury town line. The construction plan is for this phase to be completed by December of this year. Motion to accept the Land Use Inspector's Report by G. Graveline, seconded by A. Havican. Unanimous.
Public Participation: None
Motion by D. Pomeroy, seconded by A. Havican to adjourn at 10:38 p.m. Unanimous.