May 16, 2001
Board Members Present: Chairman Robert Hiscox, Alan Havican, Daniel Wallace
Alternates Present: Donald Pomeroy
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Gil Graveline, James Lehner
Chairman Robert Hiscox called the meeting to order at 7:07 p.m. The meeting was taped.
Chairman Hiscox seated Donald Pomeroy for James Lehner.
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the
May 2, 2001 meeting as amended. Unanimous.
Correspondence:
- Letter dated May 8, 2001 from Carmody & Torrance re: Final Maintenance Subdivision Bond for
Finno Development - West Ridge Estates.
- Council of Governments Central Naugatuck Valley Memo #051401 from Virginia Mason, Senior
Planner re: Signs and Billboards.
Motion by D. Pomeroy, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: Attorney Franklin Pilicy, representing Kathleen Christiano, submitted a
written memo in support of the home occupation permit and asked the Commissioners to review the
memo before taking any action on this matter. Attorney Pilicy stated that he takes exception
only to Item #6 of the Draft Resolution of Approval being considered this evening, because in
Attorney Pilicy's opinion there is no authority under the Town's Regulations for any limitation
of that nature. Chairman Hiscox reviewed the memo submitted aloud for the record and also noted
that a letter from the Dean of the Connecticut Center for Massage Therapy, Inc., has been
submitted explaining the status of Mrs. Christiano's certification, massage therapy requirements
and liability insurance. Attorney Francis Grady, representing (24) residents on Platt Drive,
stated he has reviewed previous minutes, tapes and correspondence submitted regarding the
Christiano home occupation permit. His clients agree that Mrs. Christiano has a right to have a
home occupation provided the Commissioners regulate the home occupation in such a manner that
the character of the neighborhood be maintained. Attorney Grady stated that the character of
this neighborhood is one-family residential homes with a lot of kids, no sidewalks and school
buses traveling early morning and early afternoon. Attorney Grady cited Section 210B(a) of the
Regulations regarding limiting the people engaged in the home occupation to (1) non-family or
non-resident person and stated his opinion that the regulation is not referring to employees
but to the activity overall. Attorney Grady asked the Commissioners to limit the hours of
operation to 8:00 a.m. to 5:00 p.m., as suggested in the Regulations and not more than 2
clients at a time. Attorney Grady stated that it's the Commissioners job to balance the
equities of a home occupation with the character of the neighborhood. Attorney Pilicy stated
that "non-family member not greater than (1)" is common language in many home occupation
regulations throughout Connecticut and it is common practice to interpret the phrase to mean
employees, not clients. Attorney Pilicy also commented that the nature of this home occupation,
sometimes with 1 or 2 clients arriving in an hour or some hours with no clients, would not
create any objectionable traffic.
Public Hearings:
a. Quality Hardwood, 80 & 84 Scott Road. Application for Special Permit for Production of Wood
Products. The public hearing opened at 7:30 p.m. and Chairman Hiscox read the notice of public
hearing as it appeared in the Waterbury Republican American. Scott Poryanda of Connecticut
Consulting Engineers represented the applicant. Mr. Poryanda reviewed the site plan map for the
processing of wood products on approximately (2) acres of land. The existing building would be
used for storage of tools. The existing driveway will be widened to allow a better turning
radius for trucks entering and exiting the property. The Inland Wetlands Commission and
Chesprocott Health District have approved the site plan. Chairman Hiscox read a statement from
Lorraine DeNicola of Chesprocott, verifying that Chesprocott does not consider this application
to be a change in use and can approve the site plan for Quality Hardwood with a maximum of 3
employees. Ms. DeNicola recommended that the septic tank be pumped and checked and the well
water tested for potability. Mr. Poryanda verified that the septic tank would be pumped and the
water tested. The Commissioners questioned David Praskievicz of Quality Hardwood regarding the
operations. Mr. Praskievicz stated that customers generally do not come to the site. Products
are sold mostly wholesale. Mr. Praskievicz explained that the processing would be done
approximately 700 feet back from Scott Road and there is a drop in the elevation of the land
that will help to minimize the noise. Mr. Praskievicz compared the noise produced from the
operations to a bulldozer with a diesel engine, stating that 50-60% of the grinding is done
off-site. Derek Brown, 141 Plank Road, stated that he lives directly across from Mr.
Praskievicz's current operation without much of a buffer and he would equate the noise coming
from the processing operations to a lawn mower. Bill Brundage, Plank Road, commented that the
noise from the recycling center is more annoying than the wood processing. The easterly side
of Scott Road will be widened to allow a greater turning radius for larger trucks. Logging
trucks will not be allowed to make a left turn out of the site and the majority of all trucks
will be routed towards I-84. Bill Donovan asked Mr. Praskievicz if he would be open to the
idea of sharing an accessway through this property should an industrial park be developed
further north on Scott Road, in order to reduce the number of curb cuts. Mr. Praskievicz
stated that he would be willing to discuss that possibility with the Town. Ted Grieder, Maria
Hotchkiss Road, asked about the morning start time. Mr. Praskievicz stated that workers come
in at 7:00 a.m. to move machines but the grinders would not generally be running prior to
8:00-8:30 a.m. Anthony Yarrow, 75 Scott Road, questioned the applicant on noise levels and the
safety of truck traffic. Lou Vanderyk, Maria Hotchkiss Road, stated his concern for truck
traffic. There were no further comments from the public. Motion by D. Pomeroy, seconded by
D. Wallace to close the public hearing for Quality Hardwood, 80 & 84 Scott Road. Unanimous.
Bill Donovan will prepare a draft permit to be voted on at the next meeting as well as a
recommendation for a site development bond.
Old Business:
a. Kathleen Christiano, 27 Platt Drive. Renewal of Home Occupation Permit, A.C.E. Personal
Trainer, Fitness for Women Only. Chairman Hiscox stated he had visited Platt Drive on six
different occasions and he has not observed any unusual traffic. Chairman Hiscox explained
that since the home occupation has not actually had a 6-month trial period, he is recommending
that the original permit be renewed for another 6-month trial period, with a change to allow
for a sign, and rewording the language regarding traffic, as suggested by the Town Attorney.
Chairman Hiscox also recommended keeping the start up time at 6:30 a.m., with no clients
arriving before the start up time, and retaining the restriction of no more than (2) clients
per hour session or (2) clients per (90) minute session. D. Pomeroy stated after checking
with the Town Attorney and conferring with Chairman Hiscox, he does not feel that he has a
conflict of interest on this application simply because he knows one of the residents on
Platt Drive. Mr. Pomeroy stated that he had driven on Platt Drive on 6-8 different occasions
and did not notice any unusual traffic. A. Havican agreed that the start up time should remain
at 6:30 a.m. and that it would be a good idea to approve the renewal for another 6-month trial
period. Chairman Hiscox read the Draft Resolution of Approval into the record. Bill Donovan
concurred with the Commissioners that he had not observed any disturbance to the neighborhood
attributable to this home occupation. There was no further discussion. Attorney Grady was
allowed to address the Commission prior to a vote on the Resolution of Approval. Attorney
Grady stated that his clients are requesting that the permit be renewed for a 1-year period
from the time that the 6-month trial period expired (March 1, 2001), with the understanding
that if the neighbors see substantial violations, they have the right to petition the Commission
to void the permit. Attorney Grady stated that the neighbors want Mrs. Christiano to conduct
her business in her home as a home occupation, but if she wants to conduct classes of a lot of
people, she should be in a commercial zone. Attorney Grady commented that his clients feel that
there needs to be peace in the neighborhood and they hope that extending the permit to March 1,
2002 will help to do that. Attorney James Bonsignore, representing Mrs. Christiano, stated that
he had no objection to extending the permit to March 1, 2002. Motion by A. Havican, seconded by
D. Pomeroy to extend the Home Occupation Permit for Kathleen A. Christiano, A.C.E. Personal
Trainer, Fitness for Women Only, to March 1, 2002. Unanimous.
New Business: None
Land Use Inspector's Report: B. Donovan stated that O & G Industries had their first blast of
the year on May 8th. The Commissioners acknowledged that they had been notified. Bill stated
that he received notice from DRS that everything was within the allowable limits. It was noted
that there were no complaints to Ken Faroni at O & G or Bill Donovan. Bill stated that the Town
has an opportunity to work with the Landscape Architectural Department of UCONN to allow students
to perform a review of Prospect, initially at no cost, to suggest ideas to better design a
Village Center. A Professor works with the students using detailed parameters to allow the
students to create a wealth of ideas and alternatives to provide new insight. Bill has committed
the Town to allow the students to present a proposal to the Planning & Zoning Commission.
Depending on the scope of services and if the Commission agrees to go with this study, there
would be a cost to the Town. The Mayor has stated that he has no problem with this proposal in
general, but that it would have to happen after July 1st. Alan Havican volunteered to work on a
task force with the students to provide them with information about the Town. Motion by D.
Wallace, seconded by D. Pomeroy to accept the Land Use Inspector's Report. Unanimous.
Public Participation: Glenn Noble, 27 Bayberry Drive, asked for clarification on the difference
between a commercial business and a home occupation and stated that the Commission needed to use
caution as to where to draw the line between the two. D. Pomeroy stated that he enjoyed his
first Council of Governments meeting and was excited about becoming a participant at future
meetings.
Motion by D. Wallace, seconded by D. Pomeroy to adjourn at 9:02 p.m. Unanimous.
Robert Hiscox
Chairman