P&Z Minutes - May 2, 2001

Planning & Zoning

May 2, 2001

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

Chairman Robert Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.

Approval of Minutes: Motion by D. Wallace, seconded by A. Havican to approve the minutes of the April 18, 2001 meeting as presented. Unanimous.

Correspondence:

  1. Council of Governments Central Naugatuck Valley - March 27, 2001 Minutes of the Regional Planning Commission.
  2. American Planning Association Membership Application.
  3. Regional Plan Association - Regional Assembly April 27, 2001.
  4. Harrall-Michalowski Associates, Inc., Invoice #882951 dated April 26, 2001 for the Plan of Conservation and Development.

Motion by A. Havican, seconded by D. Wallace to approve payment of $3,875.00 to Harrall- Michalowski Associates, Inc., Invoice # 882951 dated April 26, 2001 for the Plan of Conservation and Development. Unanimous. Motion by D. Wallace seconded by A. Havican to accept the correspondence. Unanimous.

Public Participation: Sue Iwniski, 35 Platt Drive submitted and read a statement on behalf of 19 residents of Platt Drive listing questions and statements they wish the Commissioners to consider when making a decision on the Home Occupation Permit for 27 Platt Drive.

Old Business:
a. Kathleen Christiano, 27 Platt Drive. Renewal of Home Occupation Permit, A.C.E. Personal Trainer, Fitness for Women Only. Chairman Hiscox read aloud a memo dated May 2, 2001 from Bill Donovan with responses from the Town Attorney regarding questions raised at the last meeting. Chairman Hiscox noted that Mrs. Christiano volunteered not to put up a sign and also to park vehicles at the rear of her property. The Commissioners discussed the memo from Bill Donovan as well as the letter presented by Sue Iwinski under public participation. Chairman Hiscox, A. Havican and D. Wallace agreed that their preference would be to have the full Commission present when rendering a decision on this renewal and asked B. Donovan to prepare a Draft Resolution of Approval based on the previous approval for discussion at the next meeting. Chairman Hiscox stated he would also like to discuss whether the Commissioners wish to void the permit based on what has occurred to date with the home occupation and have Mrs. Christiano resubmit with a request for changes from the original permit. Attorney James Bonsignore, representing Kathleen Christiano, questioned where the allegations of noncompliance were coming from and how the Commissioners could be sure that in fact clients are arriving prior to 6:30 a.m. and not a cleaning women who often comes prior to clients arriving. Attorney Bonsignore and the Christiano's invited the Commissioners to monitor the business activites for themselves to see that there is no objectionable traffic. Attorney Bonsignore questioned why, at the last meeting, a Commissioner was discussing this application with residents of Platt Drive after discussion on the issue had been tabled for the evening. Neither the Commissioners nor Bill Donovan were aware of any inappropriate discussion. Mrs. Christiano commented that any amount of compromise made on her part would not be enough for the neighbors, as she believes they do not want any type of business on their street. Mrs. Christiano stated that she is pursuing her right to have a home occupation. There was no further discussion.

Public Participation: None

New Business:
a. VW Properties, LLC, 72-74 Waterbury Road. Application for Day Care Facility. Vincent Lorusso of VW Properties, LLC, presented an application for a change in use to a Day Care Facility for the building at 72-74 Waterbury Road. Mr. Lorusso's plans to rent the front of the building for retail space did not work out. Eileen O'Connor and Karen Calhoun would like to rent the entire building for a proposed day care to include an infant, toddler and preschool program as well as a before and after school program. Expected hours of operation would be Monday through Friday from 6:00 a.m. to 7:00 p.m. with an estimated 8 to 10 employees. The outdoor play area would be at the back corner of the property enclosed with a 4-foot chain link fence. Chesprocott is reviewing the application. Parking for postal employees would still be available in the parking area at the rear of the building. Drop off area for the children would be on the side of the building. Bill Donovan stated that the Planning & Zoning approval is only for use of the building. The application must get approvals from various state and local agencies. A letter of approval must be received for the file from Chesprocott. Motion by A. Havican, seconded by D. Wallace to accept and approve an application for a change in use to a Day Care Center for property owner by VW Properties, LLC, located at 72-74 Waterbury Road contingent upon receiving all necessary approvals from other state and local agencies. Unanimous.

b. Ralph J. DeLeo, Trustee, 166 Waterbury Road. Modification of Approved Site Plan - Additional Parking. Terry Meyers of Meyers Engineering reviewed modifications to the original site plan to allow for an additional 98 parking spaces, bringing the total number of parking spaces to 297, which includes 12 handicapped spaces. Mr. Meyers explained that the physicians who will be leasing space in the medical facility requested the additional parking to ensure sufficient parking for their employees and patients. Mr. Meyers stated that no changes or additions need to be made to the previously approved drainage system. B. Donovan noted that the regulations state that parking lot grading should be not exceed 5% and questioned Mr. Meyers on the grading of the paved areas. Mr. Meyers stated that the modifications all have grading of 5% or less. B. Donovan also noted that the first floor elevation of the building has been raised by one (1) foot. Mr. Paparazzo, developer for the project, stated that the height of the building still meets the 35-foot maximum height regulation. B. Donovan questioned Mr. Meyers on whether the proposed drainage system was sufficient to handle the runoff the additional paved areas that Bill estimated at more than two (2) acres. Mr. Meyers reviewed the drainage system and assured the Commissioners that the proposed drainage system could still handle the drainage from the additional paved area. It was noted that the plan has to be approved by the State Traffic Commission because there are now more than 200 parking spaces being proposed. D. Wallace asked if the islands noted on the site plan would be paved. Mr. Meyers stated that all of the islands would be planted. There are no paved islands. Motion by D. Wallace, seconded by A. Havican to accept and approve the application for a modification to the approved site plan for additional parking for property located at 166 Waterbury Road. Unanimous.

Motion by D. Wallace, seconded by A. Havican to add Quality Hardwood, 80 & 84 Scott Road, Application for a Special Permit for Production of Wood Products to the agenda under New Business. Unanimous.

b. Quality Hardwood, 80 & 84 Scott Road. Application for Special Permit for Production of Wood Products. Scott Poryanda of Connecticut Consulting Engineers presented the application on behalf of David Praskievicz, Quality Hardwood, agent for the Estate of Marie Iagrossi. Mr. Praskievicz is under contract with the Estate to purchase this property in order to move and expand his business. An application is currently before the Inland Wetlands Commission for approval. The Commissioners agreed that Engineering Fees would not be required for this application. Motion by D. Wallace, seconded by A. Havican to accept the application for Quality Hardwood for a Special Permit for Production of Wood Products at 80 & 84 Scott Road and set a public hearing for May 16, 2001 at 7:30 p.m. Unanimous.

Land Use Inspector's Report: B. Donovan reported that the Zoning Board of Appeals is currently reviewing a petition to reverse the Cease and Desist order for Prospect Service Center and Towing on Union City Road. B. Donovan has contracted an attorney (other than the Town Attorney because of a conflict with representation for Z.B.A.) to review the issue at hand. Virginia Mason, Senior Planner with the Council of Governments, reported to B. Donovan that there has been a sudden surge of housing in the Town of Beacon Falls attributable to the new high school. Chairman Hiscox questioned B. Donovan on any progress with the removal of temporary garages. B. Donovan stated that there had been no progress other than one or two that collapsed due to winter weather. Motion by A. Havican, seconded by D. Wallace to accept the Land Use Inspector's Report. Unanimous.

Public Participation: Sue Iwinski, 35 Platt Drive, responded to the comments made by Mrs. Christiano earlier in the evening, stating that it was not true that compromises made by Mrs. Christiano would never be enough. Mrs. Iwinski stated that the residents of Platt Drive are seeking to keep character of the neighborhood and looking out for safety of their children. The Christiano's daughter voiced her concern with the surveillance by the neighbors that she could not visit her mother without worrying about there being too many cars in the driveway. Nina Christiano stated that her mother has seven grandchildren and understands the concern for safety and has shown she is willing to compromise.

The South Central Regional Water Authority has given D. Wallace the name of Jim Gibbons to invite as a presenter to discuss Land Use Conservation Issues.

Motion by A. Havican, seconded by D. Wallace to adjourn at 8:40 p.m. Unanimous.

Robert Hiscox
Chairman