September 19, 2001
Board Members Present: Chairman Robert Hiscox (7:30), Donald Pomeroy, Alan Havican, Daniel
Wallace
Alternates Present: Thomas Galvin, Francis Carpentier
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Gil Graveline
At 7:00 p.m., Land Use Inspector, Bill Donovan, opened the meeting and recommended that a
motion be made to have Donald Pomeroy sit in as Acting Chairman until R. Hiscox arrived.
Motion by A. Havican, seconded by D. Wallace to appoint Donald Pomeroy Acting Chairman until
Chairman Hiscox arrives. Unanimous.
Acting Chairman D. Pomeroy called the meeting to order at 7:04 p.m. The meeting was taped.
D. Pomeroy seated F. Carpentier for G. Graveline and T. Galvin for R. Hiscox.
Approval of Minutes: Motion by D. Wallace, seconded by A. Havican to approve the minutes of
the September 5, 2001 meeting as presented. Unanimous.
Correspondence:
- Letter from Transcom Engineering, Inc., dated September 11, 2001 Offering Consulting
Services Specializing in Design and Optimization of Wireless Communication Systems.
- Council of Governments Central Naugatuck Valley Referral of Proposed Change in Zone
at the Middlebury/Oxford boundary.
- Approved Minutes Prospect Inland Wetlands Commission - August 13, 2001.
- College of Agriculture & Natural Resources Journal - July/August/September 2001.
- The Connecticut Landscape Architect - Summer 2001.
- Council of Governments Central Naugatuck Valley Meeting Agenda and Notice of Public
Hearing re: Town of Oxford's Request for an Amendment to the Regional Plan of Conservation
& Development - Sept. 11, 2001.
Motion by T. Galvin seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: Mike Dreher, 2 Stonefield Drive, encouraged the Commissioners to
consult the Route 69 Study compiled by the Council of Governments when considering the
application for the proposed car wash.
Old Business:
a. Domenico & Franca DiLoreto, 20 Union City Road/1Old Schoolhouse Road. Petition for a
Change of Zone from C-D to C-G. Acting Chairman D. Pomeroy stated that the public hearing
on this application was closed on July 18, 2001 and that a decision must be made at tonight's
meeting. It was noted that F. Carpentier and T. Galvin would not be voting on this application,
as they were not familiar with the application. The applicant stated a concern with not having
the full Commission involved in the voting process. The Commissioners decided that discussion
and action on this application as well as Item (b) under Old Business would be deferred to later
in the evening when R. Hiscox was in attendance to have (4) four of (5) Commissioners in a
position to vote on the two applications.
c. 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 distributed a Draft Resolution of Approval for the Commissioners to review. Discussion
was deferred to later in the evening.
d. 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 stated that Mr. Battiste currently has an
application before the Inland Wetlands Commission. Attorney Fitzpatrick and Mr. Battiste
reviewed lighting, storm water drainage and buffers from residential property with the
Commissioners. Attorney Fitzpatrick stated that the lease for the storage facilities
clearly states that storage of hazardous materials would not be allowed. Mr. Battiste
stated that the facilities would be manned during normal business hours. There is no set
hours of operation. There will be key card operated access 24 hours a day. Mr. Battiste
is not planning any office space at the site at this time. B. Donovan reminded the applicant
that Chesprocott approval is required for the proposed site plan. There was no further
discussion.
Robert Hiscox arrived at 7:30 p.m. and was seated as Chairman. T. Galvin was consequently
unseated for the remainder of the meeting.
Public Hearings:
a. Gary Zimyeski, Et Al, 124 Union City Road. Petition for a Change of Zone from Residential
to Industrial. Chairman Hiscox opened the public hearing at 7:36 p.m. and read the notice of
public hearing as it appeared in the Waterbury Republican American. Gary Zimyeski and Ted
Witek, professional land surveyor, presented the petition for a zone change for 8.45 acres
on the Westerly side of 124 Union City Road. The Commissioners reviewed the zoning map of
the Town of Prospect. Mr. Zimyeski explained that his father had originally purchased (2)
two individual parcels, one Residential and one Industrial, that had at some point been
combined into one parcel. The Commissioners reviewed the Town's zoning map identifying
abutting residential and industrial zoned parcels. It was noted that there is access to
the property from Route 68 and Industrial Road. The public was invited to comment.
Theodore Grieder, Union City Road, asked what type of business would be on the property
and stated a concern that this would abut his residential property. Chairman Hiscox
explained that this application is for a zone change only and any future development
would need an approved site plan with appropriate buffers. Robert Cocchiola, 23 Industrial
Road, stated he was in favor of the change of zone. Barbara Jamilik, 16 Rockridge Terrace,
stated she was concerned with what type of business would be proposed. There were no further
comments from the public. Motion by D. Pomeroy, seconded by D. Wallace to close the public
hearing for the petition for a change of zone from Residential to Industrial for 124 Union
City Road. Unanimous. Chairman Hiscox noted that the Commissioners have 65 days to render
a decision.
Old Business:
a. Domenico & Franca DiLoreto, 20 Union City Road/1 Old Schoolhouse Road. Petition for a
Change of Zone from C-D to C-G. F. Carpentier stated that he would recuse himself from voting,
as he was not familiar with this application. Motion by A. Havican, seconded by D. Pomeroy to
approve the petition for change of zone as requested for 20 Union City Road/1 Old Schoolhouse
Road from Design Commercial to General Commercial. Under discussion, B. Donovan was asked to
review the distinction between the two zone classifications. Bill explained that Mr. DiLoreto's
gasoline service station as it exists now is not permitted in a Design Commercial Zone and
voting to approve the zone change would allow the existing use to become a conforming use
with the Town's zoning regulations. Bill further explained that Design Commercial Zones
were intended to provide a softer commercial buffer to more intensely used commercial type
uses within the Town, i.e. colonial designs with more of a landscaping plan and more customer
friendly. A General Commercial Zone tends to have a more intense type of use of a commercial
piece of property, i.e. Oliver's Supermarket or CVS Pharmacy. Chairman Hiscox clarified that
although the gas station on this particular lot is non-conforming, it would remain on the
property because it existed prior to zoning and denial of this application would not affect
the gas station itself. The Commissioners reviewed the Town's zoning map relative to this
area, noting that all of the properties surrounding these two parcels are zoned Design
Commercial with the exception of a small General Commercial strip on the opposite side of
Route 68. Chairman Hiscox stated that in his opinion approval of this application would
start to change dramatically the character of this section of Town which this Commission
has determined as part of the long term Plan of Conservation and Development to be more of
a town center type of location. Chairman Hiscox called for a vote on the motion. The vote
was unanimous to deny the approval of a zone change from Design Commercial to General
Commercial based on the non-conformity with the Plan of Development regarding future growth
within that area of Town.
b. 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 General Commercial Zone. The public hearing on this application was closed
on August 15, 2001. B. Donovan clarified that the Regulations currently do not allow for
auto/motor vehicle repair and maintenance in a General Commercial Zone unless connected with
automobile sales. The Commissioners discussed requiring a special permit for approval of this
use. No action was taken on the application.
c. J.N.J. Realty, LLC, 97 Waterbury Road. Application for a Car Wash/Quick Lube Facility.
The Commissioners discussed the Draft Resolution of Approval distributed earlier in the
evening. A suggestion was made to include in Item #7 a provision for monitoring noise
levels due to incoming traffic and overall business operations before and after the car
wash is in operation in order to address the public's concern. D. Pomeroy questioned a
comment made at the public hearing regarding the Inland Wetlands Commission's disregard
of an alternative method of presenting storm water runoff. B. Donovan explained that the
Inland Wetlands Commission based their acceptance of the methodology used by the applicant's
engineer on comments by the Town Engineer and the fact that the D.E.P. and D.O.T. recognize
the Rational Method as the accepted method of calculation. F. Carpentier suggested that the
hours of operation on Monday through Friday from 8:00 a.m. to 7:00 p.m. might be shortened
to 8:00 to 5:00 p.m. B. Donovan explained that 7:00 p.m. was based on the applicant's desire
to accommodate people stopping on their way home from work. B. Donovan will make modifications
to the Draft Resolution of Approval for the next meeting.
New Business: None
Land Use Inspector's Report: Bill reported that the Town Council had voted back in 1999
to accept property containing a fire pond in the College Farms Subdivision as Town property,
but necessary paperwork had not been filed at that time to change ownership to the Town.
Measures are now being taken to record the transfer of title. Bill also reported to the
Commissioners that he has signed off on an accessory living unit application for a home
on Yales Farm Road. Most of the Commissioners stated that they have not had the opportunity
to review the draft copy of the Plan of Conservation and Development. Bill asked them to
call or fax comments to him by next Wednesday, September 26, 2001. D. Pomeroy questioned
the sub-grades at Naugatuck Savings Bank. Bill stated he would check with the engineer.
Motion by A. Havican, seconded by D. Wallace to accept the Land Use Inspector's Report.
Unanimous.
Public Participation: Mike Dreher, 2 Stonefield Drive, asked whether the new Plan of
Development includes best management practices. B. Donovan stated it would be more
appropriate to include best management practices when reviewing zoning regulations.
Mr. Dreher also encouraged the Commissioners to consider shorter hours of operation
for the car wash if it is approved.
Motion by D. Pomeroy, seconded by A. Havican to adjourn at 9:15 p.m. Unanimous.
Robert Hiscox
Chairman