P&Z Minutes - November 7, 2001

Planning & Zoning

November 7, 2001

Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:06), Alan Havican, Daniel Wallace (7:08)
Alternates Present: Thomas Galvin, Francis Carpentier
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Donald Pomeroy

Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. F. Carpentier was seated for D. Pomeroy and T. Galvin was seated for G. Graveline.

Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the October 3, 2001 meeting as amended. Unanimous.

Correspondence:

  1. HMA, Inc., Invoice #883069 dated October 31, 2001 re: Plan of Conservation and Development for $3,550.00.
  2. Invoice dated October 19, 2001 from Land-Tech Consultants, Inc., re: Union City Road for $1,143.00.
  3. Letter dated October 5, 2001 from Carmody & Torrance re: DiLoreto vs. Prospect Planning & Zoning Et Al.
  4. Council of Governments Central Naugatuck Valley Memo #100501 dated October 5, 2001 re: Route 69 Traffic Operations Public Informational Meeting.
  5. Council of Governments Central Naugatuck Valley Memo#101601 dated October 16, 2001 re: Notice of Public Hearing - Amendments to Regional Plan.
  6. Certified Letter dated October 16, 2001 from Connecticut Interlocal Risk Management Agency re: DiLoreto vs. Town of Prospect.
  7. Council of Governments Central Naugatuck Valley Notice of Special Meeting to Present Initial Corridor Plan.

Motion by T. Galvin, seconded by F. Carpentier to pay the invoice for HMA, Inc., dated October 31, 2001 in the amount of $3,550.00. Unanimous. Chairman Hiscox asked B. Donovan to discuss the letter from the Connecticut Interlocal Risk Management Agency with Mayor Chatfield. Motion by A. Havican seconded by F. Carpentier to accept the correspondence. Unanimous.
D. Wallace arrived and was seated. Consequently, T. Galvin was unseated for the remainder of the meeting.

Public Participation: Maryanne Bisson, 26 Cornwall Avenue, asked for an explanation as to what is going on at the Dobbins' property at 24 Cornwall Avenue. Mrs. Bisson stated that Mr. Dobbins was not supposed to be filling in with anything other than topsoil, however, this week Mr. Dobbins was bringing in sand and wood chips apparently approved by B. Donovan. B. Donovan updated the Commissioners on the progress being made at the Dobbins' property. Bill stated that he had agreed to a wood chip type of berm in lieu of the silt fencing on the lower end of the property because of the rocky materials surrounding the area and grading materials that still need to be brought in. Bill further explained that because of the large tree trunks and other materials on the property that when leveled off will have great voids in them, Bill had no problem with material other than topsoil (sand, rocks, stone) to fill in the voids as a sub-base prior to final grading with loam as requested by the Commission in order to stabilize the slopes. Chairman Hiscox instructed B. Donovan to visit the site again and remind Mr. Dobbins of the conditions of the letter. Mr. Dobbins should contact the Commission prior to any further deviations so the Commissioners are aware of what's going on. Chairman Hiscox also asked that B. Donovan give an update at next meeting and encouraged the Commissioners to visit the site prior to the next meeting.

Old Business: None

Public Hearings: None

New Business:
a. Dennis R. Hine, 219 Matthew Street. Application to Create a Rear Parcel where Proposed Accessway is not Separated by Two Conforming Lots. (Sec. 4, Paragraph 8c). Chairman Hiscox explained that Mr. Hine is making a first free cut of his property creating a rear lot. The regulations require that accessway to a rear lot be separated by two conforming lots. Chairman Hiscox referred the Commissioners to Section 4, Paragraph 8c of the regulations, which gives the Commission the discretion to allow for the creation of a rear parcel where the proposed accessway is not separated by two conforming lots. Dennis Hine stated his desire to make a first cut on his property and is seeking approval to allow for the rear parcel. B. Donovan explained that the application is for approval of the creation of the rear lot. Mr. Hine would need to follow through to see if the lot is buildable. Chairman Hiscox stated that he did not feel that approval of this split would adversely affect the overall layout of the parcel. Motion by A. Havican, seconded by D. Wallace to accept and approve the application to create a rear parcel where the proposed accessway is not separated by two conforming lots for property at 219 Matthew Street. G. Graveline asked if the topography of the land was at such a grade that it is not accessible any other way. Mr. Hine described the grade of the proposed driveway as level. B. Donovan explained the term "first cut" for the Commissioners. The vote was 4 in favor, 1 opposed (G. Graveline). The motion carried.

b. Gary Zimyeski, 124 Union City Road. Application for a 2-Lot Subdivision - Union City Road. Gary Zimyeski presented the application as owner and agent for a subdivision of a small portion of property located at 124 Union City Road in order to transfer ownership to Peter Scionti of Eagle Auto Body. Mr. Zimyeski clarified that this would not create a landlocked parcel as Mr. Scionti, who is to purchase this parcel, will create access across his property onto Union City Road. A letter will be forthcoming from Mr. Scionti's attorney verifying that the property will be deeded to Mr. Scionti if the subdivision is approved. Mr. Zimyeski further explained that because of pollution problems caused by Eagle Auto Body, it is imperative to convey this portion of the property to Mr. Scionti, for future development plans and financing purposes on the remaining parcel. Mr. Zimyeski confirmed that the pollution problem has been cleaned up. B. Donovan explained that 124 Union City Road is a parcel of land that has been subdivided at some point since 1962, and asked that for the record this application be referred to as a re-subdivision. Motion by G. Graveline, seconded by A. Havican to accept the application for a re-subdivision of property located at 124 Union City Road and set a public hearing for December 5, 2001 at 7:15 p.m. Unanimous. It was noted that letters from all owners of the property acknowledging Gary Zimyeski as agent for this application would be received prior to the public hearing.

c. 2002 Meeting Dates. Proposed meeting dates for 2002 were submitted to the Commissioners. Motion by G. Graveline, seconded by A. Havican to set the 2002 meeting dates as presented. Unanimous.

Land Use Inspector's Report: Chairman Hiscox stated for the record that he has received several phone calls regarding the Christiano's on Platt Drive. According to neighbors, on Tuesday and Friday, Mrs. Christiano has clients coming after hours. Bill has spoken to Mrs. Christiano to make her aware of the complaints. Mrs. Christiano has denied the allegations. Chairman Hiscox has indicated to the callers, that he will not discuss the issue with them, since the issue is being litigated. A letter was submitted by A.C.E. Development Group, LLC, requesting a final release of the bond for Phase IV, Tradition Estates. Chairman Hiscox read a letter from Gene McCarthy and Bill Donovan recommending the final release of the bond in the amount of $15,000.00. A letter was also received from Attorney N.Warren Hess indicating that any potential issues relating to off-site drainage issues would be resolved in accordance with the agreement between A.C.E. Development Group and the abutting property owner. Motion by G. Graveline, seconded by A. Havican to approve the bond release for Tradition Estates, Phase IV, as recommended by Bill Donovan and Gene McCarthy. Unanimous. A letter was submitted from Gene McCarthy and Bill Donovan recommending final release of the bond for Horserun Estates. Motion by A. Havican, seconded by G. Graveline for final release of the bond for Horserun Estates Subdivision as recommended by Bill Donovan and Gene McCarthy. G. Graveline questioned why there is no merge lane on the right side of Route 68 as indicated in the subdivision approval and there seems to be no way of keeping the brush cut back to improve the site line. The Motion was withdrawn. Bill Donovan will recheck the subdivision approval. A letter was submitted from Gene McCarthy and Bill Donovan recommending the final release of the bond for the Pereira Subdivision, Salem Road, in the amount of $12,000.00. Motion by G. Graveline, seconded by A. Havican to approve the bond release for the Pereira Subdivision, Salem Road, as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill reviewed with the Commissioners a home occupation permit that he approved administratively for a handyman service at 14 Brookshire Drive. Bill also stated that he had received a letter from Terry Meyers, P.E., regarding the change in the grade at Naugatuck Savings Bank on Waterbury Road. Mr. Meyers states that the change in the grading will not effect the drainage on property. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector's report. Unanimous.

Public Participation: None

D. Wallace read a letter of resignation. The Commissioners thanked Dan for his service to Planning & Zoning and stated that he would be missed.

Motion by A. Havican, seconded by G. Graveline to adjourn at 8:53 p.m. Unanimous.

Robert Hiscox
Chairman