September 5, 2001
Board Members Present: Gil Graveline, Donald Pomeroy, Alan Havican, Daniel Wallace
Alternates Present: Thomas Galvin, Francis Carpentier
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Chairman Robert Hiscox
Acting Chairman Gil Graveline called the meeting to order at 7:07 p.m. The meeting was taped.
G. Graveline seated T. Galvin for R. Hiscox. It was noted that T. Galvin and F. Carpentier
are new alternate members to the Planning & Zoning Commission.
Approval of Minutes: Motion by D. Pomeroy, seconded by A. Havican to approve the minutes of
the August 15, 2001 meeting as amended. Unanimous.
Correspondence:
- Council of Governments Central Naugatuck Valley Memorandum #082301 dated August 23, 2001
re: Request by Oxford for an Amendment to the Regional Plan.
- Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter - Summer 2001.
- Connecticut Bar Association Planning & Zoning Newsletter - July 2001.
Motion by D. Wallace seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: None
Old Business:
a. / b. Domenico & Franca DiLoreto, 20 Union City Road/1Old Schoolhouse Road.
G. Graveline stated that the applicant would not be in attendance at tonight's meeting.
Motion by D. Wallace, seconded by T. Galvin to carry over to the next meeting Items (a)
and (b) under Old Business. Unanimous.
c. Keith Gavigan, 5 Amber Court. Application for a Home Occupation - Cleaning Service.
G. Graveline read a letter dated September 5, 2001 submitted by Keith Gavigan indicating
that he has arranged to dispose of dirty water at both a Cheshire and Naugatuck plant,
eliminating any concern that they would dispose of the dirty water at a car wash facility.
Mr. Gavigan also noted that his employees would be reporting to and dispatched from the
commuter parking lot at the corner of Route 68 & 69. The only employees reporting regularly
to his home would be the operations manager and the office manager. No more than two
commercial vehicles would be parked on site, one in the garage and one on the side of the
garage. There will be no signs on site. The Commissioners felt that Mr. Gavigan had
addressed their concerns. Motion by A. Havican, seconded by D. Pomeroy to approve the
application for a Home Occupation permit for a 3-year period for a cleaning service with
conditions at 5 Amber Court. Bill Donovan noted for the record that this approval is for
what Mr. Gavigan has presented to the Commission at this time and if there is any change,
i.e., more employees or vehicles, Mr. Gavigan must come before the Commission for approval.
G. Graveline, A. Havican, D. Pomeroy and D. Wallace voted in favor of the motion. T. Galvin
abstained. Motion Carried.
d. Estate of Paul H. Zimyeski, Etal, 124 Union City Road. Petition for a Change of Zone from
Residential to Industrial. A public hearing is scheduled for September 19, 2001 at 7:30 p.m.
No discussion was held on this application.
New Business:
a. Thomas Battiste, 38 Industrial Road. Application for Site Plan Approval for Storage
Facilities. Attorney Edward Fitzpatrick, representing Tom Battiste, presented the site
plan for property located at the end of Industrial Road for proposed construction of 180
units of self storage facilities, contained within three separate buildings, to be built
in phases. Attorney Fitzpatrick submitted photos of the proposed storage facilities.
The entire area would be fenced and there would be a buffer in excess of 100 feet from
any residential properties. The area would be paved and storm drainage would discharge
into existing wetlands. An application is also being submitted at the September 10, 2001
meeting of the Inland Wetlands Commission. Customers would park their vehicles directly in
front of the storage unit for loading and unloading. The plan also allows for 5 parking
spaces, including 1 handicapped, for additional parking. There are no services being offered
other than storage space. Motion by D. Pomeroy, seconded by T. Galvin to accept the site plan
application for storage facilities at 38 Industrial Road. Unanimous.
Public Hearings:
a. J.N.J. Realty, LLC, 97 Waterbury Road. Application for a Car Wash/Quick Lube Facility.
This public hearing was continued from August 15, 2001 and opened for the evening at 7:37 p.m.
Attorney Edward Fitzpatrick, representing the applicant, submitted a summary appraisal report
by Spinella Appraisal Associates giving an opinion as to "Market Value" of properties in the
area of the Southbury Car Wash. G. Graveline read a letter submitted by Wolcott Veterinary
Clinic, P.C., supporting the proposed car wash. David Carson, OCC Design Consortium, LLC,
reviewed the architectural and landscaping design of the proposed building, including signage
and the equipment layouts. Mr. Carson also submitted in writing the development analysis he
discussed at the previous meeting detailing the specifics of traffic and noise levels
anticipated at this site. The public was invited to comment. Mike Dreher, 2 Stonefield
Drive, reminded the Commissioners that Mr. Carson was not an acoustical or traffic engineer
and asked whether there would be a requirement for a traffic study. G. Graveline stated
that the applicant has addressed the traffic issues and that State D.O.T. guidelines would
have to be met. Mr. Dreher stated that the Southbury Car Wash was located in a business
district and therefore appraisals of property surrounding that facility should not be used
in comparison to the residential neighborhood in Prospect. Mr. Dreher also restated his
concerns for the environmental impacts of a car wash in this area, submitting various articles
on the subject and a copy of the drainage review by Donald T. Ballou, a professional engineer
retained by the Concerned Prospect Citizens. Edward Miller, 29 Woodcrest Drive, stated that
the proposed car wash is not suitable for this area, citing safety concerns and traffic issues.
Doug Merriman, Merriman Lane, stated that every road in the Town is a problem because people
drive in excess of the speed limit. Mr. Merriman stated that the car wash should be approved
because the plan has been designed to be environmentally sound and the Town needs more economic
development. Donna Marlak, 8 Maria Hotchkiss Road, stated her opposition to the location of
the car wash and read a letter dated September 5, 2001 from Edward & Jane Fowler also opposing
this location. Sherri Cocchiola, 10 Maple Drive, agreed with Mrs. Marlak and the Fowler's.
Kathryn Wilcox, 88 Waterbury Road, stated that if this proposal is approved a stipulation
should be added to install test wells to monitor water quality before and after the car wash
is built to ensure residential wells will not be affected. Betsy Dreher, 2 Stonefield Drive,
stated that the idea of a car wash across the street from her parents' property at Waterbury
Road is very disturbing and pleaded with the Commissioners not to allow this. Don Ruesch,
Pinecrest Drive, stated his opposition to a car wash at this location. Attorney Fitzpatrick
stated that the environmental and drainage issues were dealt with extensively at the Inland
Wetlands Commission and that the Town's Engineer made recommendations and evaluated the
drainage analysis prior to approval by that Commission. Attorney Fitzpatrick further stated
that the State regulates and places restrictions regarding traffic issues and that the Town's
Plan of Development identifies Route 69 as a main corridor for commercial use. Regarding noise,
Attorney Fitzpatrick stated that any necessary modifications would be made to meet the Town's
noise ordinance. Motion by A. Havican, seconded by D. Pomeroy to close the public hearing for
J.N.J. Realty, LLC, for a car wash/quick lube facility. Unanimous. G. Graveline stated for the
record that the Commissioners have 65 days to render a decision on this application.
New Business:
b. Marie Kluge, 246 New Haven Road. Application for Added Use of Commercial Property.
Marie Kluge stated that Mark Zavorskas and Ray Daugherty of Frank's Country Store are
utilizing a portion of her property for an outdoor showroom of lawn furniture, storage
buildings and gazebos. Mr. Zavorskas and Mr. Daugherty reviewed a site drawing submitted
with the application and indicated that the number of items on display would vary depending
on the season. All display items are for sale. G. Graveline read a letter of complaint
dated August 16, 2001 from Mr. & Mrs. Pat Santucci, 255 New Haven Road. F. Carpentier stated
that he has been on this site and doesn't consider it to be unattractive. Bill Donovan stated
his concern was that the number of items on display might increase to a point that there is
no room for parking on site. Discussion was held on the maximum number of units on display
at one time in order to avoid clutter and traffic problems. Bill also reminded the applicant
that if the business expands beyond what is shown on the site plan, the applicant must come
back to the Commission for approval. Motion by D. Pomeroy, seconded by A. Havican to accept
and approve an application from Marie Kluge for an added use to commercial property at 246
New Haven Road with the stipulation that the display area be limited to no more than 20
buildings. Unanimous.
c. Lee & Kimberly Yeoman, 28 Peach Orchard Road. Application for Home Occupation -
Corporation Employment Service. Lee Yeoman presented an application for an office in
his home for a corporation employment service. No commercial vehicles are involved.
Hours of operation would be from 7:00 a.m. to 7:00 p.m. Discussion was held on the
frequency and number of clients coming to the site on a daily basis. It was agreed
and noted on the application that the total maximum number of clients would not exceed
six (6) per day. A 3-foot square sign would be mounted on the house. B. Donovan will
review the sign before it is installed to ensure that it meets the regulations. Motion
by D. Pomeroy, seconded by A. Havican to accept and approve a Home Occupation permit for
a corporation employment service at 28 Peach Orchard Road as presented and modified.
Unanimous.
Land Use Inspector's Report: Bill Donovan distributed copies of the first draft of the Plan
of Conservation & Development and asked the Commissioners to browse through the Draft prior
to the next meeting in order to note any changes that should be made prior to submitting the
Draft to the Town Council. Bill reported that Naugatuck Savings Bank has had a delay in
construction due to the vault company going out of business. The Commissioners asked Bill
to check on the sub-grades of that project. There was some concern with the amount of fill
being brought in. Bill stated that Mr. Dobbins has done very little work to improve the
grading on his property, but Mr. Dobbins has indicated that he will be working on it.
Bill submitted a request for a final release for the subdivision bond for College Farms,
Phase II, Section 2B. G. Graveline read a recommendation from Gene McCarthy and Bill
Donovan to approve the release of the remaining $70,000.00 bond for this subdivision.
Motion by D. Pomeroy, seconded by T. Galvin to approve the final release of the site
development bond for College Farms, Phase II, Section 2B, as recommended by Gene McCarthy
and Bill Donovan. Unanimous. D. Pomeroy asked about the decision to put the streetlights
in the College Farms Subdivision. Bill stated that Mayor Chatfield made the decision after
being approached by CL & P. D. Pomeroy voiced his opinion on the unattractiveness of lights
and commented that he had a problem with putting street lights in that are not on an approved
site plan and Planning & Zoning not being consulted for proper approval. A letter from Gene
McCarthy and Bill Donovan was read recommending a site development bond for Crumb Realty, 129
Union City Road, for a nursery school/day care facility be set in the amount of $68,000.00
and in a form acceptable to the Town Attorney. Motion by A. Havican, seconded by D. Pomeroy
to set the site development bond for a nursery school/day care facility at 129 Union City
Road at $68,000.00 as recommended by Gene McCarthy and Bill Donovan. Unanimous. Motion by
D. Pomeroy, seconded by A. Havican to accept the Land Use Inspector's report. Unanimous.
Public Participation: Joe Commendatore, Clark Hill Road asked whether there were any
regulations on fencing. B. Donovan stated that there are no zoning regulations. There
is a building code that requires a permit if a fence is higher than 8 feet.
Motion by A. Havican, seconded by D. Pomeroy to adjourn at 10:15 p.m. Unanimous.
Robert Hiscox
Chairman