April 17, 2002
Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Thomas Galvin
Alternates Present: Francis Carpentier, Alexander Delelle (7:08)
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Donald Pomeroy, Anthony Parrella (Alt.)
Chairman R. Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.
F. Carpentier was seated for D. Pomeroy.
Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes
of the April 3, 2002 meeting as amended. Unanimous.
Correspondence:
- Inland Wetlands Commission Approved Minutes - March 11, 2002.
- Council of Governments of the Central Naugatuck Valley 2002-2005 Transportation
Improvement Program and Notice of a Public Informational Meeting on April 29, 2002.
- College of Agriculture and Natural Resources, Journal - January/February/March 2002.
- Letter dated April 10, 2002 from Linda M. Henaghan re: Christiano Home Occupation Permit.
- Letter dated April 4, 2002 from David Carson, OCC Design Consortium, LLC, to Mayor
Robert Chatfield re: Royal Crest North Public Hearing 4-3-02.
Motion by G. Graveline, seconded by T. Galvin to accept the correspondence.
Unanimous.
Public Participation: Tony Augelli, 106 Clark Hill Road, stated that he was not in favor
of a proposal by the Town to relocate the ice skating rink from Hotchkiss Field to Center
Street behind the Senior Center. He also asked about the excavating work in progress at
the Center Street property when the Planning & Zoning Commission has yet to receive an
application for the project.
The order of business was changed to allow Mayor Robert Chatfield to present a request
under Section 8-24 of the Connecticut General Statutes.
New Business:
a. Town of Prospect, 36 Center Street. Section 8-24 - Municipal Improvements. Mayor
Robert Chatfield presented a copy of this year's capital plan outlining the Town's
objectives regarding reconstruction and improvements to Prospect's Town roads. Mayor
Chatfield explained that under Connecticut General Statutes Section 8-24, Planning &
Zoning approval is required before the Town can apply for bonding for municipal projects.
Motion by G. Graveline, seconded by A. Havican to approve the request of Mayor Robert
Chatfield for reconstruction and improvements to Prospect Town roads in accordance with
Section 8-24 of the Connecticut General Statutes. Unanimous.
Old Business:
a. Wooded Acres Associates, Old Schoolhouse Road. Special Permit Extension for Proposed
Elderly Housing. Bill Donovan reported to the Commissioners on the history of the Special
Permit for proposed elderly housing on Old Schoolhouse Road. Larry Voghel, a managing
partner of Wooded Acres Associates, stated that Wooded Acres Associates is currently under
contract with a developer for an option to purchase this property. Mr. Voghel introduced
Engjell Meka, the developer, who stated that the land purchase should be finalized within
the next 90 days. Mr. Meka explained that he has been pursuing a project for affordable
elderly housing at this site for approximately 2 years and his application for state funding
is currently under consideration. Mr. Meka further explained that an extension of the
Special Permit would allow him the time necessary to exercise his right to purchase the
property. The Commissioners discussed extending the permit for a 1-year period citing
that the plan for elderly housing is consistent with the Plan of Conservation and Development.
Bill Donovan noted for the record that Mr. Voghel would have to reapply for Inland Wetlands
approval for this project as the Wetlands approval has expired. Motion by A. Havican,
seconded by F. Carpentier to extend for a 1-year period the Special Permit for the development
and construction of elderly housing for Wooded Acres Associates for property located at Old
Schoolhouse Road with the stipulation that a new site plan application be presented to the
Planning & Zoning Commission within the 1-year period. Unanimous.
Public Hearings:
a. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road. Application for a Special Permit
for Warehouse/Indoor Storage. The public hearing opened for the evening at 7:34 p.m.
Chairman Hiscox read a letter dated April 15, 2002 from the applicant's attorney, Patrick
Zailckas, stating that Mr. DiLoreto is withdrawing his application for Warehouse/Indoor
storage without prejudice. The application is withdrawn.
Old Business:
b. Kathleen Christiano, 27 Platt Drive. Review of Home Occupation Permit. Chairman
Hiscox noted for the record additional concerns reported by Platt Drive residents
regarding the number of sessions being conducted at 27 Platt Drive. Kathleen Christiano
submitted copies of certifications to be noted for the record as well as her current state
license for massage therapy and certificate of liability insurance. Mrs. Christiano read
a letter in response to the Commission's request to provide a detailed log of her current
weekly schedule for her in-house fitness sessions and related her frustration with the
concerns being reported by her neighbors regarding the number of clients and/or sessions
being conducted. Mrs. Christiano stated that the neighbors often mistake vehicles of
family members and friends as belonging to clients. Chairman Hiscox relayed the frustration
on behalf of everyone concerned and stated that review of the home occupation permit would
be continued to the next meeting to allow an opportunity for the neighbors to present
information they feel is pertinent to the review process. Chairman Hiscox stated for the
record that while the application is under review, Mrs. Christiano is allowed to act under
her current permit. Bill Donovan stated that Mrs. Christiano had contacted him regarding
having an assistant come in to help out on a temporary basis. The Commissioners agreed
that it was within the regulations for Mrs. Christiano to have an assistant. There was no
further discussion.
Public Hearings:
a. Cornerstone Real Estate, Inc., 50A Summit Road. Application for 2-Lot Subdivision -
Royal Crest South (Melissa Lane Access). The public hearing was continued from April 3,
2002 and opened for the evening at 8:00 p.m. Chairman Hiscox noted that a site walk was
held on April 8, 2002 and that Inland Wetlands approval has been received for Royal Crest
South. Chairman Hiscox read comments submitted by Gene McCarthy, Assistant Director of
Public Works. David Carson, OCC Design Consortium, clarified the (2) 20-foot wide shared
accessways off of Melissa Lane. In response to G. McCarthy's comments, Mr. Carson stated
that the developer would construct the proposed accessway off Melissa Lane. Mr. Carson
further stated that the shared driveway was proposed by the developer as the most prudent
and feasible plan to serve in minimizing the impact to the wetlands and to allow a wider
drive for emergency vehicles. A maintenance agreement regarding the shared driveway would
be included in the deeds for the two lots. There were no comments from the public. Bill
Donovan mentioned that a question was raised previously as to whether consideration should
be given to making this a thru-road. Chairman Hiscox stated that it was determined at the
site walk that a thru-road was not feasible. Motion by A. Havican, seconded by G. Graveline
to close the public hearing on the Royal Crest South Subdivision. Unanimous.
New Business:
b. Richard Gruszka, 93 Waterbury Road. Application for a Change in Use - Professional
Office/Physical Therapy. Richard Gruszka presented an application for a change in use
for a 1,000 square foot area in his building that was previously occupied by a photo
studio. Mr. Gruszka reviewed the parking area with the Commissioners and stated that
there would be sufficient parking for the physical therapy office. Hours of operation
would be from 8:00 a.m. to 8:00 p.m. There would be no additional demands on the septic
system. Fees were set and paid in the amount of $25.00 and $10.00. Motion by T. Galvin,
seconded by F. Carpentier to accept and approve the application submitted by Richard
Gruszka for a change in use to professional office/physical therapy for property located
at 93 Waterbury Road. Unanimous.
c. Lorraine Corsino, 250 Straitsville Road. Application for a Proposed Subdivision.
The applicant was not in attendance to present an application.
d. Estate of Emile Bertrand, 113 Waterbury Road. Application for a Zone Change from
Residential to General Commercial. Chairman Hiscox read a letter from Attorney Robert
Crean on behalf of the estate of Emile Bertrand giving permission to JNJ Realty, LLC,
to present the application for a zone change from Residential to General Commercial at
113 Waterbury Road. Nick Deramo of JNJ Realty presented the application. The property
is currently bordered to the South by Industrial zoned property. Motion by G. Graveline,
seconded by A. Havican to accept the application submitted by JNJ Realty, LLC, agent for
the estate of Emile Bertrand, for a change of zone from residential to general commercial
for property located at 113 Waterbury Road and set a public hearing for May 1, 2002 at
9:00 p.m. Unanimous.
e. Mark & Joan Chevrier, 215 Cheshire Road. Site Plan Application for a Garden Center.
Mark & Joan Chevrier presented the site plan for a garden center at 215 Cheshire Road.
An application is currently before the Inland Wetlands Commission. The Commissioners
discussed the site plan with the applicants. Mr. Chevrier was asked to stake out the
location of the trailer and greenhouse to ensure that the locations noted on the site
plan allow for required setbacks. Mr. Chevrier gave his permission for the Commissioners
to visit the site individually. Fees were set and paid in the amount of $50.00 and $10.00.
Motion by T. Galvin, seconded by G. Graveline to accept the site plan application submitted
by Mark & Joan Chevrier for a garden center for property located at 215 Cheshire Road.
Unanimous.
Public Hearings:
b. CRT Realty, LLC, 50A Summit Road. Application for a 9-Lot Subdivision - Royal Crest
North (Summit Road Access). The public hearing was continued from April 3, 2002 and opened
for the evening at 8:43 p.m. Chairman Hiscox noted that a site walk has been scheduled for
Saturday, April 27, 2002 at 8:00 a.m. The Inland Wetlands Commission has approved the
subdivision. Written comments were received from Gene McCarthy, Assistant Director of
Public Works. Chairman Hiscox advised the Commissioners to read the comments, explaining
that Mr. McCarthy had indicated at the previous meeting that he would submit his comments
in writing. David Carson of OCC Design Consortium represented the applicant. Mr. Carson
submitted revised plans and a letter detailing the revisions made. The Commissioners
reviewed the revisions with Mr. Carson. Discussion was held on the width of the accessway
off of Summit Road. Chairman Hiscox stated that the proposed road is not a typical
residential road given that a major facility is located there and he has a concern with
the roadway coming in off of Summit Road. Chairman Hiscox noted that if the subdivision
is approved, the accessway would be a Town road and the Town will assume maintenance and
liability. Mr. Carson stated there were incorrect impressions regarding the traffic
discussions at the last meeting and he feels there is no safety issue or traffic problem
with the proposed entrance. In Mr. Carson's opinion, the only issue is how wide the shelf
should be. G. Graveline asked if the power lines for the subdivision would be underground
and what is proposed for the existing utility poles once this is a Town road. Mr. Carson
stated that would be at the discretion of the Commission. The hearing was opened to public
comment. Maria Vaccarelli, 13 Holley Lane, submitted a letter from Carol & Brian McGeever,
19 Holley Lane, regarding their concerns with buffers and drainage issues. Mrs. Vaccarelli
also read a letter indicating her own concerns with drainage issues and the close proximity
of the proposed house on Lot #9. Steve Pelletier, 66 Summit Road, explained his desire not
to remove the trees along his property line that borders the proposed Royal Crest Drive.
Mr. Pelletier also stated that there is very little traffic associated with the nursing
home other than the employees. Dom Mirabelle, 50 Summit Road, also stated that the nursing
home traffic is minimal. There were no further comments from the public. Mr. Carson
reiterated that there was an erroneous preconceived notion with traffic concerns. G.
Graveline asked if a lot of material would need to be brought in or taken out for
landscaping and grading. Mr. Carson stated that there would be no material brought
in or taken out for grading and landscaping. B. Donovan asked Mr. Carson to talk with
the Prospect Land Trust before the next meeting regarding their interest in the proposed
open space noted in the site plan. The public hearing was continued to May 1, 2002 at
8:30 p.m.
Land Use Inspector's Report: Bill reminded the Commissioners of the workshop on April
24th with the Town Attorney. Bill also asked the Commissioners to consider approving
a zoning map based on the updated Plan of Conservation & Development that becomes
effective May 1st. In discussions with Mr. Harrell of HMA, Inc., Bill suggested that
review of the zoning regulations could begin now to utilize remaining funds in the
current year's budget. G. Graveline asked about the clear-cutting taking place on
Route 69 near the Waterbury line. R. Hiscox asked Bill to check on concerns with
stacking items on the sidewalk at the Texaco station, the number of displays at the
Kluge property on New Haven Road, Nancy Mae Avenue residents concerns with Prospect
Pool employees. Bill discussed steps that will be taken regarding illegal temporary
garages. R. Hiscox stated he has had recent discussions with Town Council members
regarding an ordinance for enforcement issues. G. Graveline asked whether the Economic
Development Commission would be reviewing the proposal for the Scott Road Industrial Park
with the Planning & Zoning Commissioners. Motion by A. Havican, seconded by T. Galvin to
accept the Land Use Inspector's Report. Unanimous.
Public Participation: Tammy Christiano, Kathleen Christiano's daughter, described
for the Commissioners the frustrations of her family at constantly being scrutinized
and watched by the neighbors on Platt Drive.
Motion by A. Havican, seconded by G. Graveline to adjourn at 10:40 p.m. Unanimous.
Robert Hiscox
Chairman