P&Z Minutes - June 6, 2001

Planning & Zoning

June 6, 2001

Board Members Present: Chairman Robert Hiscox, Gil Graveline, Donald Pomeroy
Alternates Present: None
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Alan Havican, Daniel Wallace

Chairman Robert Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. Chairman Hiscox explained that James Lehner has resigned from the Commission and Donald Pomeroy has been sworn in as a regular board member.

Approval of Minutes: Motion by G. Graveline, seconded by D. Pomeroy to approve the minutes of the May 16, 2001 meeting as presented. Unanimous.

Correspondence:

  1. Letter of Resignation dated May 18, 2001 from James Lehner.
  2. Invoice #882979 dated May 30, 2001 from Harrall-Michalowski Associates, Inc., in the Amount of $1,550.00 for the Plan of Conservation and Development.
  3. Approved Inland Wetland Commission Minutes of April 9, 2001.
  4. Metro Forest Council Conference on June 7, 2001 - Using Forests to Manage Stormwater Naturally.
  5. Quinnipiac River Watershed Partnership - Preliminary Assessment of Water Withdrawals and Stream Flows in the Quinnipiac River Watershed.
  6. Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter - Spring 2001.

Motion by D. Pomeroy, seconded by G. Graveline to approve payment of $1,550.00 to HMA, Inc. Unanimous. Motion by D. Pomeroy, seconded by G. Graveline to accept the correspondence. Unanimous.

Public Participation: None

Old Business:
a. Quality Hardwood, 80 & 84 Scott Road. Application for Special Permit for Production of Wood Products. The public hearing on this application was closed at the May 16, 2001 meeting. The Commissioners reviewed a Draft Adopted Resolution as prepared by Bill Donovan. Chairman Hiscox read a letter dated June 6, 2001 from Bill Donovan recommending a site development bond in the amount of $70,000.00. G. Graveline questioned the recommended bond figure. The application also questioned the recommended bond amount, particularly $22,000.00 for site grading. Bill Donovan explained that the development of the site includes the driveway entrance, with widening on the easterly side of Scott Road for truck traffic, then gravel and paving from Scott Road to the processing area and then encircling the processing area is a crushed gravel roadway to act as a buffer to protect the wetlands. Motion by D. Pomeroy, seconded by G. Graveline to approve the Draft Adopted Resolution for a Special Permit for Quality Hardwood, 80 & 85 Scott Road as presented. Discussion: D. Pomeroy referred to Item #3 of the Resolution questioning whether there would be any production activity on Sundays. After discussion with the applicant, the Commissioners amended Item #3 to include "Normal workdays would be Monday through Saturday. No formal production work will take place on Sunday." The Commissioners also discussed Item #4 regarding the types of trucks that would be allowed to make a left turn out of the site. Item #5 was amended to require a performance bond in the amount of $50,000.00 rather than $70,000. Bill Donovan agreed the amount would be sufficient. The motion was amended to "approve the Draft Resolution for a Special Permit for Quality Hardwood, 80 & 84 Scott Road, as amended." Unanimous.

Public Participation: None

New Business:
a. Naugatuck Savings Bank, 24 Waterbury Road. Site Plan Revision - Tree Removal/Replanting. John Smith, general contractor for Naugatuck Savings Bank explained that the line of trees that were to remain along Chandler Drive according to the original site plan needed to be removed in order to plant a more suitable buffer that would be easy to maintain. Mr. Smith also stated that he was responsible for the removal of the foundation from the old building. Mr. Smith explained that the old foundation was not suitable to construct the new building on. Bill Donovan asked Mr. Smith to review the change on the south side of building. Mr. Smith explained that since natural gas is not currently available for heating purposes, the plans were amended to allow for a mechanical room. The Commissioners agreed there were no problems with the proposed changes. Motion by D. Pomeroy, seconded by G. Graveline to approve the request by John Smith on behalf of Naugatuck Savings Bank to not leave the existing white pines along Chandler Drive and replace them with other landscaping suitable to the Land Use Officer. Unanimous.

b. Domenic & Franca DiLoreto, 20 Union City Road/ 1Old Schoolhouse Road. Application for a Zone Change from Design Commercial to General Commercial. The applicant was not in attendance. (See Land Use Inspector's Report for further information.)

c. ACE Development Group, LLC, Lot 31 Tradition Estates. Application for 1-Lot Subdivision. Vincent Corsino, ACE Development Group, explained that this lot did not meet the requirements for Chesprocott when the original application for Tradition Estates, Phase IV, was approved. The Motion of Approval dated May 17, 2000 stated that "The applicant may re-apply for approval of Lot 31 when future soil testing and written comment by Chesprocott Health District indicate their approval for building purposes." Mr. Corsino presented a fax transmittal from Chesprocott stating that Chesprocott has monitored standpipes on the lot after a curtain drain was installed and areas of the lot are now dry enough to support a septic system. The transmittal also indictaed that Chesprocott has not yet received a plot plan that can be approved by their office. Mr. Corsino indicated that he would have a plot plan stamped with Chesprocott approval prior to obtaining a zoning permit. Bill Donovan stated that he felt the applicant had paid necessary fees with the original approval Phase IV, Tradition Estates, and suggested that Mr. Corsino only be charged the cost of publication for the current approval. The Commissioners agreed. Motion by G. Graveline, seconded by D. Pomeroy to approve Lot 31 of Tradition Estates Subdivision, Phase IV. This lot was not previously approved in the Phase IV Section of Tradition Estates Subdiviosn due to high ground water conditions. Unanimous. Bill Donovan explained that the engineer would produce a new subdivision Mylar map indicating that it's being produced because Lot 31 is now an approved subdivision lot. Necessary signatures, including Chairman Hiscox and Chesprocott, will be affixed to the new Mylar. D. Pomeroy asked how a prospective owner would be made aware of the curtain drain in the event of future projects on the site, such as swimming pool. Mr. Corsino indicated that Chesprocott approval is required prior to any permit being issued, and Chesprocott would have the curtain drain recorded in their records.

d. Donald Bedard, 5 Amber Court. Discussion with a Prospective Purchaser Regaring a Home Occupation Permit - Service Master. Donald Bedard explained that he has a prospective purchaser for his home who wanted more information regarding a home occupation permit prior to finalizing the purchase. The prospective purchaser, Keith Gavigan, explained that he currently runs a small heavy duty cleaning service that he would like to incorporate into a home occupation for convenience and cost savings. Chairman Hiscox explicitly stated that the Commission could offer no guarantees on future decisions by the Planning and Zoning Commission. The Commissioners reviewed the Home Occupation Regulations with Mr. Gavigan, posing questions that would commonly be asked in Home Occupation Permit application process, particulary regarding the number of employees and vehicles involved in the business.

Land Use Inspector's Report: B. Donovan stated that he has scheduled H.M.A., Inc., consultants for the Plan of Development to be at the July 18, 2001 meeting of the Planning and Zoning Commission. Bill asked the Commissioners to review the Draft Sections 3-5 given to the Commissioners at the last public meeting and have comments ready for the planners. It is expected that a public hearing on the final draft will be held in September or October in order to have final approval made before the end of the year. Bill updated the Commissioners on the application before Inland Wetlands for a proposed car wash on Waterbury Road and also stated that the Zoning Board of Appeals approved a 35' height variance for a proposed sports dome on Union City Road. The proposed sports dome will need Inland Wetlands approval before applying to the Planning & Zoning Commission. Bill explained Dominic & Franca DiLoreto had planned to present an application for a zone change from C-D to C-G at 20 Union City Road and 1 Old Schoolhouse Road, with the understanding that they would have to present a site plan for their operations including vehicle repair, towing and storage, in order to be in compliance with the Zoning Regualtions. Bill stated that in looking through the Regulations, he could not find where the Regulations allow for car repair, towing and storage of vehicles other than by a new or used car dealer in a General Commercial Zone. Bill commented that Mr. DiLoreto might also apply for an amendment to the Regualtions to allow for vehicle repairs, towing and storage of vehicles in a General Commercial Zone. Chairman Hiscox questioned Bill on the commercial storage container located at 41 Platt Drive. Bill stated that the container was approved as a shed and that the Christiano's were supposed to frame it in with a roof to make it appear like a shed. The Christiano's have Chesprocott approval for the shed. D. Pomeroy questioned Bill regarding the permit for The Flower Farm on Scott Road. It was reported to D. Pomeroy that the original permit was for a wholesale business and The Flower Farm is now doing retail business. The sign at the intersection of Scott Road and Route 69 was also questioned. Bill stated that he informed Alice Ferraro that the foundation on her property at the Frederick Hills Subdiviosn, Matthew Street, should be fenced or filled in for safety purposes. Motion by D. Pomeroy, seconded by G. Graveline to accept the Land Use Inspector's Report. Unanimous.

Public Participation: None

Motion by D. Pomeroy, seconded by G. Graveline to adjourn at 9:30 p.m. Unanimous.

Robert Hiscox
Chairman