February 6, 2002
Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Thomas Galvin
Alternates Present: Francis Carpentier, Anthony Parrella
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Donald Pomeroy, Alexander Delelle (Alt.)
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. A.
Parrella was seated for D. Pomeroy.
Approval of Minutes: Motion by T. Galvin, seconded by A. Havican to approve the minutes
of the January 16, 2002 meeting as presented. Unanimous.
Correspondence:
-
Connecticut Federation of Planning & Zoning Agencies Notice of Annual Meeting - March
21, 2002.
- South Central Water Utility Coordinating Committee Notice of Annual Meeting - February
20, 2002.
- Berkshire-Litchfield Environmental Council, Inc., Book Offer - Cell Towers: Wireless
Convenience? Or Environmental Hazard?
- Letter dated February 5, 2002 from Carmody & Torrance re: Site Bond for Thomas Battiste,
38 Industrial Road.
- Letter dated January 17, 2002 from the Prospect Town Council re: Vote to Unanimously
Endorse the Town Plan of Conservation and Development.
- Connecticut Federation of Planning & Zoning Agencies Notice re: Length of Service
Awards.
- Questionnaire dated January 25, 2002 from Scott Swimming Pools, Inc., re: Town of
Prospect Regulations.
- Invoice # 883128 dated January 30, 2002 from HMA, Inc., re: Plan of Conservation &
Development in the amount of $2,950.00.
- Letter dated January 30, 2002 from Carmody & Torrance re: Release of Bond for Horse
Run Estates Subdivision.
- Letter dated January 29, 2002 from HMA, Inc. re: Estimated Cost for Updating Prospect's
Zoning and Subdivision Regulations.
- Application from the Connecticut Water Company to the Connecticut Department of
Environmental Protection for a General Permit for Diversion of Water for Consumptive
Use for the Indian Hill Field Wells 1 & 2.
- Letter dated January 25, 2002 from Bill Donovan to the Prospect Board of Recreation
Requesting Attendance at the February 20, 2002 Planning & Zoning Meeting to Review Changes
for Caplan Park.
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.
Motion by A. Havican, seconded by T. Galvin to pay the invoice from HMA, Inc., in the
amount of $2,950.00. Unanimous.
Public Participation: None
Old Business:
a. 2002-2003 Proposed Budget. Chairman Hiscox read aloud the letter received from HMA,
Inc., indicating that the estimated cost for updating the Town's Zoning and Subdivision
Regulations would be $25,000.00. The Commissioners discussed the letter and decided to
increase Line Item # 5600-04, Review Plan of Dev. & P & Z Regs., to $25,000.00 for the
2002-2003 Fiscal Year. All other line items would remain the same. Motion by G. Graveline,
seconded by T. Galvin to approve the proposed budget for the Planning & Zoning Commission
for 2002-2003 totaling $39,550.00 as presented. Unanimous.
Public Hearings:
a. Proposed Amendment to Regulations, Section 300 - Uses by District to Allow Other Uses
Not Specifically Listed in the Regulations. The public hearing for a proposed amendment
to the Regulations was opened at 7:19 p.m. Chairman Hiscox read aloud the notice of public
hearing as it appeared in the Waterbury Republican American. Chairman Hiscox also read for
the record an acknowledgement of referral card from Virginia Mason, Senior Planner for the
Council of Governments of the Central Naugatuck Valley. Bill Donovan noted that all abutting
municipalities were notified of the proposed amendment. Bill explained that the Zoning
Regulations under Section 300 define the exact permitted uses currently allowed throughout
the various zones for the Town of Prospect and "unless specifically permitted in the following
table, the use shall be deemed to be prohibited throughout the Town." The proposed amendment
to the Regulations would allow for "Other uses which, in the opinion of the Commission, are
of the same general character as those listed as permitted uses and which will not in the
opinion of the Commission be detrimental to the zone." Bill explained that the purpose of
this language is to allow for the acceptance of applications for a use not specifically
listed in Section 300 without the requirement for a public hearing to first amend the
regulations to add that use as permitted, when the use as described comports with or is
very similar to other existing permitted uses within a particular zone and gave examples
of possible applications. Bill stated that the theory of the amendment is to move the
process along and it is strictly the Commission's decision whether this is a reasonable
allowance for applications or not. Bill further stated that the Town Attorney is opposed
to such an amendment because an unnecessary burden would be placed on the Commissioners
to interpret what fits and what doesn't fit. The Commissioner's discussed the proposed
amendment and Bill suggested that in the process of updating the Zoning Regulations, the
Commissioners could make up a list of reasonable uses to be included. G. Graveline
suggested a practice used in an abutting municipality that requires an applicant to
present the use to the Zoning Board of Appeals for interpretation purposes. There
were no comments from the public. Motion by A. Havican, seconded by T. Galvin to
close the public hearing for a proposed amendment to the Zoning Regulations, Section
300-Uses by District, to allow other uses not specifically listed in the Regulations.
Unanimous.
b. Proposed Update to the Plan of Conservation & Development. The public hearing was
opened at 7:37 p.m. and Chairman Hiscox read the notice of public hearing as it appeared
in the Waterbury Republican American. It was also noted that a letter was received from
the Prospect Town Council unanimously endorsing the proposed update. Chairman Hiscox
explained the process of the proposed update and the anticipated timetable for adoption
possibly in April 2002. The public was invited to comment. Marie Kluge, 15 Kluge Road,
stated that the update was well done, but asked for clarification of map of Proposed Land
Use Plan that designates conservation property. Michael Dreher, 2 Stonefield Drive, also
stated the plan was well written and asked about acquiring property for open space. Mr.
Dreher also asked for clarification of the Business Design District along the Route 69
Corridor. Mr. Dreher commented that he would like to see Best Management Practices
included in the Plan of Development and submitted a copy of the Town of Plainfield's
Best Management Practices to Reduce Non-Point Source Pollution for the Commissioners to
review. There was no further public comment. The public hearing was recessed and will
reconvene on March 6, 2002 at 7:30 p.m.
New Business:
a. Mazzella Family Residence Trust, 110 Cheshire Road. Application for a 2-Lot Subdivision.
George Frigo of Land-Data Engineers represented the applicant. Mr. Frigo presented a 2-lot
subdivision plan for property at 110 Cheshire Road. There is currently one residential home
on the rear portion of the property. The applicant is seeking to split the property in order
to build a residential home on the front portion of the property. Bill Donovan explained that
there are not two front facing lots separating the proposed accessway, but due to safety
concerns and traffic management the proposal is to place the driveway at the westerly end
of the lot on Route 68 rather than the easterly side that would be right at Talmadge Hill
Road. Motion by G. Graveline, seconded by T. Galvin to accept the application for Mazzella
Family Residence Trust for a 2-lot subdivision at 110 Cheshire Road. Unanimous. Discussion
was held on the accessway to the property and it was determined that due to safety issues the
driveway as proposed was acceptable. The Commissioners did not feel a public hearing was
necessary for this application. Motion by A. Havican, seconded by G. Graveline to approve
the application for a 2-lot subdivision at 110 Cheshire Road. Unanimous.
b. Dom & Franca DiLoreto, 1 Old Schoolhouse Road. Application for a Special Permit for
Warehouse/Indoor Storage in a Design Commercial Zone. Edward DiLoreto presented the
application for a proposed building for warehouse/indoor storage at 1 Old Schoolhouse
Road, explaining that they were trying to alleviate problems with the storage of his
vehicles at the corner of Old Schoolhouse Road and Route 68. Chesprocott has approved
the plan. Motion by G. Graveline, seconded by T. Galvin to accept the application for
Domenic & Franca DiLoreto, for a special permit for warehouse/indoor storage at 1 Old
Schoolhouse Road. Unanimous. Mr. DiLoreto stated that the building height would not
exceed 35 feet. Chairman Hiscox questioned Mr. DiLoreto on what would be stored on
the outside of the building. G. Graveline questioned Mr. DiLoreto on the access to
the building and the area for maneuvering vehicles on the premises. Mr. DiLoreto
stated that the existing driveway would be used for the proposed building as well
as the existing house on the property and there is sufficient space available to
maneuver vehicles on the property without having to back out onto Old Schoolhouse
Road. There would be no additional signage and lighting would be for security
purposes only. A site walk was scheduled for February 9, 2002 at 8:00 a.m. Motion
by T. Galvin, seconded by A. Havican to set a public hearing for February 20, 2002
at 7:30 p.m. for a special permit for warehouse/indoor storage at 1 Old Schoolhouse
Road. Unanimous. Chairman Hiscox asked Bill Donovan to provide a distinction between
a warehouse and a garage for the public hearing.
Land Use Inspector's Report: Bill Donovan read a letter from Attorney Thomas Porzio
regarding a lease negotiated at the medical office building on Route 69 for a coffee
shop consisting of approximately 1,200 square feet in the building. There will be no
cooking on the premises and only employees in the building and patients of the medical
offices would use the coffee shop. Attorney Porzio asked to be advised if it was
necessary to appear before the Commission to further explain this proposed use. Bill
Donovan stated that there would be no outside signage for the coffee shop. The Commissioners
were comfortable with the proposed coffee shop and determined that, based on the letter
received, no further explanation was necessary. Bill noted for the Commission that Thomas
Battiste, 38 Industrial Road, has advertised in the Prospect Pages for indoor and outdoor
storage. Mr. Battiste's approval was for indoor storage only. Bill was directed by
Chairman Hiscox to write a letter to Mr. Battiste indicating the Commission's right
to revoke the permit for activities that are inconsistent with his permit. A complaint
has been received regarding zoning violations at Prospect Sanitation on Hydelor Avenue.
Bill will be looking into the complaint. Bill also informed the Commissioners that he is
now a Connecticut Certified Zoning Enforcement Official and presented a copy of his
certificate from the Connecticut Association of Zoning Enforcement Officials. Chairman
Hiscox noted complaints received regarding the number of sessions being conducted on
Tuesdays and Thursdays, clients parking on the street and advertisements as "Club
Aerobicise" for Kathleen Christiano, 27 Platt Drive. Bill was asked to check the
renewal date for Mrs. Christiano's permit. Motion by A. Havican, seconded by T.
Galvin to accept the Land Use Inspector's Report. Unanimous.
Public Participation: None
Motion by A. Havican, seconded by T. Galvin to adjourn at 9:35 p.m. Unanimous.
Robert Hiscox
Chairman