February 20, 2002
Board Members Present: Robert Hiscox, Alan Havican, Thomas Galvin,
Donald Pomeroy (7:10)
Alternates Present: Francis Carpentier, Anthony Parrella, Alexander Delelle
Members Absent: Gil Graveline
Chairman R. Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. A.
Parrella was seated for G. Graveline and F. Carpentier was seated for D. Pomeroy.
Approval of minutes: Motion by A. Havican, seconded by F. Carpentier to approve the
minutes of the February 6, 2002 meeting as presented. Unanimous.
Correspondence:
- Letter dated February 6, 2002 from Virginia Mason, Senior Planner, Council of Governments
of the Central Naugatuck Valley re: Comments on Proposed Update to Prospect Plan of Conservation
and Development.
- Publication from Connecticut Department of Environmental Protection - The Torrent, Winter
2002.
- National Business Institute Seminar - Connecticut Land Use Law: Current Issues and the
Cutting Edge.
- Newsletter re: Route 69 Traffic Operation Study.
- Prospect Inland Wetlands Commission Minutes - January 14, 2002.
- A Profile of the Central Naugatuck Valley Region: 2001.
Motion by T. Galvin, seconded by F. Carpentier to accept the correspondence.
Unanimous.
Public Participation: None
D. Pomeroy arrived at 7:10 p.m. and consequently, F. Carpentier was unseated for the
remainder of the meeting.
Old Business:
a. Caplan Park, New Haven Road. Review Site Plan Changes. Bill Donovan
stated that Bill Sereduck, Chairman of the Board of Recreation, was out of Town, but Gene
McCarthy, Assistant Director of Public Works was in attendance to bring the Commission up
to date with changes made at Caplan Park. Chairman Hiscox explained that the Commissioners
requested that Mr. Sereduck review changes that were reportedly made at Caplan Park that
are not shown on the site plan approved by the Planning & Zoning Commission. Mr. McCarthy
stated that in the course of developing Town construction projects for the past 25 years,
if changes needed to be made that were in the best interest of the Town, the changes were
worked out between Public Works and the appropriate board or department and there have never
been any problems. Mr. McCarthy explained that once constuction of Caplan Park started it
was determined that the parking area would not be adequate and one field was consequently
eliminated. There were no changes made to the grading. Mr. McCarthy noted significant changes
made at other Town parks that were never questioned byu Planning & Zoning Commission and
stated his anger that this project had been made an issuse by politicans. Chairman Hiscox
stated that the Commissioner's concerns were not political, but procedural. Chairman Hiscox
explained that parking was a major concern at the time of approval and the Commissioners
were assured that the site plan presented was in best interest of the Town for that lot.
Chairman Hiscox further explained that with in the development of the site plan significant
changes are necessary, the Commission expects any applicant, including the Town of Prospect,
to review those changes with Planning & Zoning. Chairman Hiscox adamantly stated that the
Commission was not questioning that the changes made were in the best interest of the Town,
but procedurally and as a matter of record, the changes should be noted and approved by the
Commission. D. Pomeroy noted that in addition to procedures, the Commissioners have a
responsibility to abutting property owners to ensure that proper buffers are still intact.
Chairman Hiscox instructed Bill Donovan to again contact the Board of Recreation and request
that a revised site plan and explanation of changes be addressed at the next Planning & Zoning
meeting.
b. Proposed Amendment to Regulations, Section 300 - Uses by District. To Allow Other
Uses Not Specifically Listed in the Regulations. The public hearing on this proposed
amendment was closed at the February 6, 2002 meeting. Bill Donovan reviewed the reasoning
for the proposed amendment, which is to allow some flexibility in approving applications
presented for very similar definitions of businesses that do not expressly show in the
Regulations but in the opinion of the Commission would not be considered any more harmful
or negative than what currently exists in a listed use. Bill also reminded the Commissioners
that the Town Attorney is opposed to such an amendment because it places an unnecessary
burden on the Commissioners to interpet what would fit. The Commissioners briefly discussed the
proposed amendement and will continue discussion at the next meeting.
Public Hearings:
a. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road. Application for Special Permit
for Warehouse/Indoor Storage. The public hearing was opened at 7:43 p.m. Chairman Hiscox read
the notice of public hearing as it appeared in the Waterbury Republican American. Edward DiLoreto
of Prospect Service Center reviewed the application for a proposed warehouse/storage building to
store vehicles not used on a daily basis. Chairman Hiscox stated that a site walk was held on
February 9, 2002. Chairman Hiscox further stated that the application is for a special permit for
warehouse/indoor storage in a Design Commercial zone. The applicant is proposing a colonial style
garage, not a metal frame building. Chairman Hiscox asked that the applicant provide a surveyed
site plan incuding actual architectural design, location of the driveway and proposed plantings
that would serve as a buffer. It was noted for the record that the application is for indoor
parking only and there would be no outside storage of any other type of material on this lot,
including auto parts, tires or any other materials associated with the automotive industry.
It was also noted that there is a potential for trucks to be pulled out during the night for
emergency towing and that there would be no serving done in the warehouse. The applicant indicated
that lighting would be for security purposes only. Chairman Hiscox stated that it was noted at the
site walk that there is potential on the site for other outdoor accumulations and stated that if
the application is approved the lot would be closely monitored because of the Commission's
concern with the overall appearance of that area. The applicant submitted (8) letters from area
residents in support of the application. The hearing was opened to the public for comments. Ed
Petro, 8 Buckley Lane, spoke in favor of the application stating that the building would help the
applicants improve the appearance of the area and that businesses should be encouraged to stay in
Prospect. There were no other comments from the public. The hearing was recessed until March
20, 2002 at 7:30 p.m. in order to give the applicant time to provide a surveyed site plan.
New Business: None
Plan of Conservation & Development: Chairman Hiscox stated that the public hearing
on the proposed update to the Plan of Conservation & Development will be continued on March
6, 2002 and a vote will be taken at the April 3, 2002 meeting.
Land Use Inspector's Report: Chairman Hiscox noted complaints received against Kathleen
Christiano's home occupation permit, 27 Platt Drive, regarding the number of sessions lasting
beyond the time limits outlined in the Resolution of Approval. Bill Donovan reported that the
owner if the indoor storage facility approved for Industrial Road is advertising for outdoor
storage, which is not allowed according to the Resolution of Approval. Bill has sent a letter
asking the applicant to come before the Commission at the next meeting. Bill reviewed an area
noted on the approved site plan that caused some confusion for the applicant. D. Pomeroy stated that the
property owner on Plank Road that is suppose to be removing his commercial operations, is
actually moving deeper into the woods. Bill will follow up with the property owner. Motion
by T. Galvin, seconded by A. Havican to accept the Land Use Inspector's Report. Unanimous.
Public Participation: Bill Henaghan, 20 Platt Drive, questioned the Commission on
the renewal of the home occupation permit for Kathleen Christiano, ACE Personal Trainer, and
stated that the business is advertised in the Propsect Pages as Club Aerobicise. There is also
a listing in the Prospect Pages for Christiano Trucking at 27 Platt Drive. Mr. Henaghan also
stated that Mrs. Christiano is not complying with the home occupation permit regarding the number
of sessions she is allowed each day. Mr. Henaghan further noted that outdoor storage trailers
have been on the property for more than a year, a 10-foot apron at the roadway has not been
paved and there are sliding glass doors about 9-feet off the back of the house with no deck.
Mr. Henaghan stated that the Platt Drive residents are again requesting that the Commission review
the home occupation and address their concerns. D. Pomeroy questioned how a certficate of
occupancy would be issued if the home were not safe for occupancy. Bill Donovan will follow
up with Building Department. It was noted that Mrs. Christiano is appealing the Resolution of
Approval and the case is ongoing. Chairman Hiscox stated that the reported violations are being
documented but there has been no concrete evidence provided. Bill Donovan recognized students
from Yale University in the audience who explained they are working on a proposed model ordinance
for the Town of Prospect for timber harvesting as a resource for a school assignment.
The Commissioners discussed a date for review of Kathleen Christiano's home occupation permit
and decided to put that item on the agenda for March 20, 2002. Motion by A. Havican,
seconded by T. Galvin to adjourn at 8:40 p.m. Unanimous.
Robert Hiscox
Chairman