October 3, 2001
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. T. Galvin was seated for D. Wallace and F. Carpentier was seated for G. Graveline. G. Graveline arrived and was seated at 7:05 p.m. F. Carpentier was consequently unseated for the remainder of the meeting.
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the September 19, 2001 meeting as presented. Unanimous.
Correspondence:
B. Donovan reviewed the status of the oil spill noted in the complaint letter from Mr. Kollcinaku. Chairman Hiscox directed B. Donovan to continue to follow up on this issue and inform Mr. Kollcinaku that the Planning & Zoning Commission has been made aware of his concerns. Motion by D. Pomeroy, seconded by T. Galvin to accept the correspondence. Unanimous.
Public Participation: None
Old Business:
a. Domenico & Franca DiLoreto, 20 Union City Road. Application to Amend the Zoning Regulations to include Auto/Motor Vehicle Repair & Maintenance and Commercial Towing Operations/Business as Permitted Uses in a C-G Zone. The public hearing on this application was closed on August 15, 2001. Motion by D. Pomeroy, seconded by A. Havican to approve the proposed amendment to the zoning regulations. Under discussion, Chairman Hiscox stated his opinion that he would not be in favor of the amendment as proposed because the language is too vague, specifically regarding the definition of "temporary" and types of motor vehicles. D. Pomeroy and A. Havican agreed with Chairman Hiscox. D. Pomeroy stated he was uncomfortable with "temporary parking of towed vehicles" possibly being stored for up to a year. G. Graveline asked B. Donovan for clarification on the role of the Zoning Board of Appeals for approval of the location of a gasoline station/repair facility. Bill also explained that the purpose of this amendment is to add automobile repair as a permitted use in a General Commercial Zone in and of itself as well as adding towing and storage as a permitted use in a General Commercial Zone. The vote was Unanimous to deny the proposed amendment to the zoning regulations.
b. J.N.J. Realty, LLC, 97 Waterbury Road. Application for a Car Wash/Quick Lube Facility. The public hearing on this application was closed at the September 5, 2001 meeting. Bill Donovan provided the Commissioners with a revised Draft Resolution of Approval. The Commissioners agreed that specific hours of operation would not be spelled out in the approval because the operations would be weather dependent. If a concern is brought to the Commission's attention the applicant would be recalled to address the concerns at that time. A. Havican stated he would like to have some assurance that the owners would put extra effort into discouraging unnecessary noise. Motion by A. Havican, seconded by G. Graveline to approve the draft Resolution of Approval for a car wash/quick lube facility. T. Galvin stated he would abstain from voting on this application, as he was not familiar with all aspects of the application and public hearing. G. Graveline stated that he felt the engineer did a good job in responding to all of the Commission's concerns. D. Pomeroy stated he would like to add to Item 6 that "once the car wash is operational, the owners would conduct some type of noise testing. The vote was 4 - 0 with 1 abstention in favor of the motion with a stipulation that the owners provide the Commission with a noise study report within six months of the initial operation.
c. Thomas Battiste, 38 Industrial Road. Application for Site Plan Approval for Storage Facilities. This application was accepted at the September 5, 2001 meeting. Attorney Edward Fitzpatrick, representing the applicant, presented a site plan map with Chesprocott approval noting that no water supply or sewage disposal is being proposed. B. Donovan confirmed that the Inland Wetlands Commission approved the site plan at their 9-10-01 meeting. The Commissioners reviewed a Draft Resolution of Approval prepared by Bill Donovan. G. Graveline suggested that Item 4 be amended to state the total square footage of the storage units. Item 4 was amended to read "there are to be three one-story self-storage buildings providing a combined 18,000 square feet of storage area with a maximum of 120 separate units". Motion by T. Galvin, seconded by G. Graveline to approve the Draft Resolution of Approval for a self-storage facility at 38 Industrial Road as amended. Unanimous.
d. Gary Zimyeski, Et Al, 124 Union City Road. Petition for a Change of Zone from Residential to Industrial. The public hearing for this application was closed on September 19, 2001. The zone change entails 8.45 acres of property located at 124 Union City Road. Chairman Hiscox stated that the property has access from the industrial park and is contiguous with industrial land. Motion by D. Pomeroy, seconded by G. Graveline to approve the petition for change of zone from Residential to Industrial for property located at 124 Union City Road. G. Graveline asked for clarification that access would not be through residential property. B. Donovan explained that although the property abuts residential property, it would be poor planning to allow access through residential property when there is access through industrial property. Chairman Hiscox stated that his preference for any future site plan would be to have access through the industrial park. T. Galvin asked whether consideration should be given to the aquifer that goes under a portion of the existing industrial area. B. Donovan described the aquifer and explained that the current plan of development being discussed states that industrial growth should be discouraged over an existing aquifer where potential contaminants may be introduced. Bill stated that this property is not located over the existing aquifer. Bill further explained that because the property is located near an aquifer, greater buffers could be required for any proposed site plan. The vote was Unanimous in favor of the motion. Motion by A. Havican, seconded by G. Graveline to set the effective date for the change of zone at 124 Union City Road for January 1, 2002. Unanimous.
Public Hearings: None
New Business: None
Land Use Inspector's Report: Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy recommending a site development bond in the amount of $100,000.00 and in a from acceptable to the Town Attorney for J.N.J. Realty for the proposed car wash/quick lube facility at 97 Waterbury Road. Motion by D. Pomeroy, seconded by T. Galvin to set the site development bond amount for a car wash/quick lube facility at 97 Waterbury Road at $100,000.00 as recommended by Bill Donovan and Gene McCarthy. Unanimous. Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy recommending a site development bond in the amount of $70,000.00 and in a form acceptable to the Town Attorney for Thomas Battiste for a proposed self-storage facility at 38 Industrial Road. Motion by D. Pomeroy, seconded by A. Havican to set the site development bond amount for a self-storage facility at 38 Industrial Road at $70,000.00 as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill reported that he spoke with the engineer for Naugatuck Savings Bank who stated that the elevation of the building was raised 16" due to an unexpected high ground water table. Chairman Hiscox directed Bill to express to the applicant and the engineer the Commissioners' disappointment and concern that they did not come back to the Commission for approval of necessary site plan revisions. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector's Report. Unanimous.
Public Participation: Mike Dreher, 2 Stonefield Drive, expressed his disappointment with the Commission's decision to approve the car wash facility. Attorney Edward Fitzpatrick, 203 Church Street, Naugatuck, suggested to the Commissioners that a towing and storage operation might better be suited in an industrial zone rather than a general commercial zone.
Motion by A. Havican, seconded by D. Pomeroy to adjourn at 8:15 p.m. Unanimous.