April 3, 2002
Chairman R. Hiscox called the meeting to order at 7:03 p.m. The meeting was taped. A. Parrella was seated for G. Graveline and A. Delelle was seated for D. Pomeroy.
Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the March 20, 2002 special meeting as amended and the March 20, 2002 regular meeting as presented. Unanimous.
D. Pomeroy arrived at 7:05 and consequently, A. Delelle was unseated for the remainder of the meeting.
Correspondence:
Motion by D. Pomeroy, seconded by A. Havican to accept the correspondence. Unanimous. Motion by A. Havican, seconded by T. Galvin to approve payment of $1,050.00 to HMA, Inc., for invoice dated March 27, 2002. Unanimous.
Public Participation: Michael Dreher, 2 Stonefield Drive, referred to a copy of "Best Management Practices to Reduce Non-Point Source Pollution in the Town of Plainfield, Connecticut" which he had submitted during the public hearing for the updated Plan of Conservation & Development, stating he would have liked to see a similar plan incorporated with the update of the Town's Plan of Conservation & Development.
Old Business:
a. Paulmar Associates, LP, 36 Union City Road. Application for a Change in Use - Nursery. Mark Guastaferri read a letter in response to questions raised at the previous meeting regarding hazardous material, lighting, trucks and signage. Chairman Hiscox noted that he had received a copy of a letter dated April 3, 2002 to Paulmar Associates from the Inland Wetlands Commission indicating that Mr. Guastaferri's previous Wetlands approval for this site has expired and it is expected that Mr. Guastaferri will be applying at the next meeting for a new permit. The letter further states that "this action is primarily administrative in nature, and should not be cause to delay Mr. Guastaferri's application before Planning & Zoning." The Commissioners were satisfied that Mr. Guastaferri would follow through with obtaining necessary Inland Wetlands approval. B. Donovan stated that the large concrete blocks closest to Union City Road on this site were unattractive. Mr. Guastafferi indicated he would have the blocks moved back away from the road and provide some type plantings to enhance the appearance. Motion by A. Havican, seconded by D. Pomeroy to approve the application submitted by Paulmar Associates for a Change in Use to a Nursery for property located at 36 Union City Road stipulating that the large concrete blocks closest to Union City Road be moved back and concealed with plantings, landscape tiles or a wooden frame to enhance the appearance. Unanimous.
b. Kathleen Christiano, 27 Platt Drive. Review of Home Occupation Permit. Chairman Hiscox noted additional complaints received from Platt Drive residents regarding the number of clients and scheduling of classes. Chairman Hiscox also read a letter dated April 1, 2002 to Mrs. Christiano asking that she provide the Commission with a detailed log indicating her current weekly schedule for her in-house fitness sessions. The Commissioners will be discussing Mrs. Christiano's renewal at the April 17, 2002 meeting.
c. Trident Equity Associates, 104 Waterbury Road. Set Effective Date for Amendment to Zoning Regulations to Allow "Livery Service" as a Permitted Use in a C-G Zone. The application for this amendment was approved at the March 20, 2002 meeting. Motion by D. Pomeroy, seconded by A. Havican to set April 17, 2002 as the effective date for an amendment to the Zoning Regulations to allow "Livery Service" as a permitted use in a C-G Zone. Unanimous.
New Business:
a. Gnazzo Noble Realty, 79 & 81 Waterbury Road. Application for a Zone Change from Residential to General Commercial. Len Noble of Gnazzo Noble Realty presented the application for a zone change for the two properties located north of Oliver's Supermarket on Route 69. Mr. Noble submitted photos of the properties explaining that there are no immediate plans to make changes to the existing residential homes located on these properties. Motion by D. Pomeroy, seconded by T. Galvin to accept the application submitted by Gnazzo Noble Realty for a Zone Change from Residential to General Commercial for property located at 79 & 81 Waterbury Road and set a public hearing for May 1, 2002 at 7:30 p.m. Unanimous.
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 opened at 7:30. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. Attorney Edward Fitzpatrick stated he was representing the applicant and that the proposal has been approved by the Inland Wetlands Commission. David Carson of OCC Design Consortium presented the proposed 2-Lot subdivision consisting of approximately 7 acres of land accessed off of Melissa Lane. The two rear lots are located to the rear of 2 undeveloped lots fronting on Melissa Lane. A proposed 40-foot wide accessway off of Melissa Lane for the two rear lots would serve as a common driveway until you get to the two individual lots. Mr. Carson submitted a letter dated April 2, 2002 from Chesprocott Health District. Chairman Hiscox read Chesprocott comments into the record. Lots 12 & 13 have soils suitable for engineered septic systems due to seasonal high water table. Mr. Carson stated that the engineered septic systems would be designed to be 18" above the seasonal high water table. Chairman Hiscox asked about open space v. fee requirement for subdivisions. Mr. Carson stated that a 9 - 10 acre area is proposed to be deeded to the Land Trust which would satisfy the subdivision requirement for both Royal Crest South and Royal Crest North. The public was invited to comment. Gene McCarthy, Assistant Director of Public Works, stated that by allowing the 40' right of way, the property is shut off from allowing a thru road from Melissa Lane to Summit Road. Mr. McCarthy stated that generally (2) 25' fee simple strips should be required. Steve Podlisny, 56 Melissa Lane, and Donato Orsini, 11 Holley Lane, stated concerns with storm water runoff and the effects on the existing watercourses. There were no further comments from the public. David Carson addressed the concerns with the existing watercourses and noted that a stipulation to Inland Wetlands approval was to mark designated wetland areas with conservation tags. A site walk was set for April 8, 2002 at 6:00 p.m. for Royal Crest South. The public hearing was continued to April 17, 2002 at 8:00 p.m.
b. CRT Realty, LLC, 50A Summit Road. Application for a 9-Lot Subdivision - Royal Crest North (Summit Road Access). The public hearing was opened at 8:07 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. David Carson, OCC Design Consortium, presented the application for a proposed 9-lot subdivision over approximately 27 acres on the northern portion of 50A Summit Road accessed by a 50' fee simple right of way off of Summit Road which currently serves as the entrance to the Country Manor Convalescent Home and also the accessway to the Mirabelle property at 50 Summit Road. Mr. Carson stated that Parcel 7 is to be deeded to the Mirabelle property to make that property a conforming front lot within the subdivision; 68 Summit Road would become a front lot on Royal Crest Drive. An existing undeveloped rear lot shown on the Assessor's map as 68 Summit Road will become a front lot on the proposed Town road (Royal Crest Drive) and the convalescent home, which presently has access to Summit Road via the 50' fee simple right of way, will be deeded additional frontage on Royal Crest Drive. Mr. Carson submitted and reviewed a letter he sent to Bill Donovan regarding questions discussed about previous splitting of the subject properties. Mr. Carson briefly reviewed the Wetlands approval and submitted a letter dated April 2, 2002 from Chesprocott Health District. Chairman Hiscox gave a brief overview of the letter from Chesprocott. The public was invited to comment. Gene McCarthy, Assistant Director of Public Works, discussed drainage work relative to 68 Summit Road. Mr. McCarthy also submitted and reviewed a traffic study he conducted at 50A Summit Road and described his concerns with the width and overall design of the proposed road. Mr. McCarthy further noted that the rear building line on Lot 10 is shown as 25 feet rather than 50 feet and also mentioned numerous drainage concerns with several of the lots. Steve Podlisny, 56 Melissa Lane, stated his concern with drainage as to how this would affect his property. Mr. Podlisny also asked what effect the proposed subdivision would have on surrounding wells. Don Lawson, 60 Melissa Lane, stated he would not want to see a thru road from Melissa Lane to Summit Road. Brian McGeever, 19 Holley Lane, stated he preferred the proposed grass swales rather than riprap for aesthetic reasons. Mr. McGeever also asked whether there would be substantial filling required and/or blasting. Bob Cheezic, representing his son who owns 11 Holley Lane, stated a concern with possible septic smells in very wet areas. Maria Vaccarelli, 13 Holley Lane, described the water runoff from her property to the proposed subdivision and a concern that there is a house proposed close to where the water now drains.
David Carson addressed several general concerns raised during public comments. A site walk was scheduled for April 27, 2002 at 8:00 a.m. The public hearing was continued to April 17, 2002 at 8:30 p.m.
c. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road. Application for a Special Permit for Warehouse/Indoor Storage. At the March 20, 2002 meeting, this public hearing was continued to April 17, 2002 at 7:30 p.m. No discussion was held.
The Commissioners recessed at 9:40 p.m. and reconvened at 9:55 p.m.
New Business:
b. Tesco Rentals, LLC, 155 Union City Road. Application for a Special Permit for a Sports Dome. Hank Berberat of Tesco Rentals, LLC, presented the application for a permanent fabric structure supported by air with interior artificial turf used for playing field sports such as baseball, football, soccer and lacrosse, as well as an area for a golf driving range. The Inland Wetlands Commission has approved the site plan. Bill Donovan noted that the Zoning Board of Appeals has granted a height variance for the proposal as well. The Commissioners discussed appropriate fees for this application. Fees were set and paid at $1,400.00 and $10.00. Mr. Berberat stated that there is a similar operation that recently opened on Route 80 in North Branford and another in Winsted if the Commissioners were interested in seeing the actual operations of a sports dome. Motion by D. Pomeroy, seconded by T. Galvin to accept the application submitted by Tesco Rentals, LLC, for a special permit for a sports dome on property located at 155 Union City Road and set a public hearing for May 1, 2002 at 8:00 p.m. Unanimous.
c. Marie Kluge, 246 New Haven Road. Application for an Added Use - Feed Store. Marie Kluge introduced Keith Mallinson who stated that he and his wife are proposing to lease the building that was formerly Prospect Nursery & Florist for a pet feed and supply store. Bill Donovan asked whether there is sufficient parking for both the existing shed business currently on the property and potential customers for the feed store. Chairman Hiscox noted that the site plan for the shed business shows 15 parking spaces and Mrs. Kluge stated that the allotted parking area was sufficient while the nursery was in operation along with the shed business. Bill Donovan stated that a feed store is a permitted use in a C-G Zone. Chairman Hiscox questioned whether two different uses could be allowed on the same lot. Bill stated that his interpretation of the regulations is that the two commercial uses would be allowed on one common property. Mr. Mallinson stated that a sign would be of the same size as what is currently there. There will be no outside storage. Any offsite deliveries would be made with Mr. Mallinson's pickup truck. Motion by A. Havican, seconded by T. Galvin to accept and approve the application submitted by Marie Kluge for an added use for a pet feed and supply store for property located at 246 New Haven Road as presented. Unanimous.
d. Wooded Acres Associates, Old Schoolhouse Road. Extension for Proposed Elderly Housing. Bill Donovan stated that in 1992 approval was given for elderly housing on Old Schoolhouse Road. In 1997, the Planning & Zoning Commission granted a 5-year extension to the special permit. That 5-year extension will expire on April 16, 2002. Chairman Hiscox read a letter from Wooded Acres Associates stating that they anticipate financial approval relatively soon. Bill Donovan noted that Prospect's Zoning Regulations state that any special permit granted that hasn't begun construction within one year is made null and void. Bill further noted that State Zoning Laws have no provisions for any expiration of a special permit once given because doing so would cause an allowed use to be illegal. There is no precedent set for the Commission to extend the special permit for another 5-year period. Bill's recommendation to the Commission is to extend the permit for one year with the understanding that if no physical activity has taken place at that time the special permit would be made null and void in accordance with Prospect's Zoning Regulations. Mr. Voghel was not in attendance. The Commissioners requested that Mr. Voghel attend the next meeting to discuss the extension of the special permit.
e. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road. Application for a Special Permit for an Auto & Truck Sales Area. Chairman Hiscox asked whether two different applications can be carried concurrently on the agenda for the same property. Bill Donovan stated that according to the Town Attorney the Commission does have to accept the application. Under Section 300 of the Regulations, Auto & Truck Sales is a permitted use in a C-D Zone. Ed DiLoreto, representing the applicants, explained that he is submitting this application as a secondary proposal for the property at 1 Old Schoolhouse Road. The use of the residential house on the property would be changed to an office. Chairman Hiscox asked Bill Donovan to check with the Town Attorney to determine if the Commission would handle this application differently if someone other than the owner of the Sunoco Station were submitting it. Bill Donovan noted that Mr. DiLoreto has to have Zoning Board of Appeals approval for the location of an auto/truck sales area. Motion by D. Pomeroy, seconded by A. Havican to accept the application submitted by Domenic & Franca DiLoreto for a special permit for an auto and truck sales area for property located at 1 Old Schoolhouse Road and set a public hearing for May 15, 2002 at 7:30 p.m. Unanimous.
f. Trident Equity Associates, 104 Waterbury Road. Application for Proposed Use - Livery Service. Mark Guastaferri of Trident Equity Associates described the livery service operations of Managed Transportation Services. The business would occupy approximately 250 square feet of office space. There will be no signage. Motion by D. Pomeroy, seconded by A. Havican to accept and approve the application submitted by Trident Equity Associates for a proposed use for a livery service for property located at 104 Waterbury Road. Unanimous.
g. Trident Equity Associates, 104 Waterbury Road. Application for Proposed Amendment to Regulations to add "Health Club" as a Permitted Use. Mark Guastaferri of Trident Equity Associates presented the application for an amendment to add Health Club as a permitted use in a General Commercial zone. Mr. Guastaferri defined "health club" as "a facility with exercise equipment and a trained staff where members receive instruction and training in cardio and strength programs. Fees were reduced and paid in the amount of $150.00 and $10.00 due to the same applicant proposing two separate Regulation amendments in a short period of time. Motion by D. Pomeroy, seconded by T. Galvin to accept the application submitted by Trident Equity Associates for a proposed amendment to the Zoning Regulations to allow "health club" as a permitted use in a C-G Zone and set a public hearing for May 1, 2002 at 7:15 p.m. Unanimous.
Plan of Conservation & Development: The Commissioners had no further comments regarding adopting the updated Plan. Motion by T. Galvin, seconded by A. Parrella to approve the Updated Plan of Conservation & Development with amendments and set May 1, 2002 as the effective date of the updated Plan. Unanimous.
Land Use Inspector's Report: Bill stated that a joint inspection was made with Chesprocott Health District at Prospect Sanitation Services on Hydelor Avenue. Bill also has a copy of a previous inspection conducted by the Department of Environmental Protection. At this time, Bill is gathering information on how the business was started and whether there may be an illegal expansion of a non-conforming use. Mr. Romanuk has been cooperative. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector's Report. Unanimous.
Public Participation: None
Motion by D. Pomeroy, seconded by A. Havican to adjourn at 10:50 p.m. Unanimous.