P&Z Minutes - January 2, 2002

Planning & Zoning

January 2, 2002

Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Donald Pomeroy, Thomas Galvin
Alternates Present: Francis Carpentier, Anthony Parrella
Others Present: Bill Donovan, Land Use Inspector
Members Absent: None

Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.

Approval of Minutes: Motion by T. Galvin, seconded by D. Pomeroy to approve the minutes of the December 5, 2001 meeting as amended. Unanimous.

Correspondence:

Letter dated December 18, 2001 from Carmody & Torrance re: Release of Bond - Tradition Estates Subdivision, Phase IV.
  • Letter from Carmody & Torrance re: Release of Bond - Pereira Subdivision, Salem Road.
  • November 26, 2001 Approved Minutes - Prospect Inland Wetlands Commission.
  • Letter from the Office of the Mayor re: Annual Budget Request, 2002-2003.
  • American Planning Association Membership Application.
  • Invoice #883100 dated December 27, 2001 from HMA, Inc., re: Plan of Conservation and Development for $500.00.

    • Motion by D. Pomeroy, seconded by G. Graveline to pay the invoice for HMA, Inc., dated December 27, 2001 in the amount of $500.00. Unanimous. Motion by A. Havican, seconded by D. Pomeroy to accept the correspondence. Unanimous.

    Public Participation: None

    Old Business: None

    New Business: None

    Attorney Robert Hannahan was allowed to address the Commission and asked if a letter had been sent to the developer of Virginia Estates Subdivision as discussed at the December 5, 2001 meeting. B. Donovan stated that he visited the site and that what he saw was large boulders, rocks and timbers, indicating that there's been buried building material there. Bill recounted that when the motion of approval was written, it was assumed that Gary Brown would be developing the individual sites, and if any hazardous materials were found, the developer would remove it. Bill suggested that in selling the property, the buyer would take on the same assumption that if there were buried materials it would be cleaned up. Attorney Hannahan stated that the original motion of approval references the Department of Transportation as having jurisdiction of any clean up of hazardous materials. B. Donovan stated that was an error. The clean up of any hazardous materials would fall under the jurisdiction of the Department of Environmental Protection. Attorney Hannahan requested that a copy of the approved December 5, 2001 minutes be sent to him when they were available.

    Public Hearings:
    a. O & G Industries, Inc., 112 Wall Street, Torrington. Application for Annual Renewal of Special Permit at Salem & Spring Roads. Chairman Hiscox opened the public hearing at 7:15 p.m. and read the notice of public hearing as it appeared in the Waterbury Republican. Kenneth Faroni, Planning & Permit Coordinator for O & G Industries, reviewed the application for the annual renewal of a special permit for earth removal at Salem and Spring Roads. Submitted with the application was a certificate of insurance, a performance bond pursuant to condition #11 of the permit, a complaint log and summary table of production blast and weather data and copies of all notification logs. Mr. Faroni also submitted a revised complaint log clarifying a meeting held with Fred Strumpf, the Resident Trooper and Mr. Faroni on June 19, 2001. O & G is requesting renewal of the special permit as their operation complies with zoning regulations and the permit conditions listed in the resolution of approval. B. Donovan asked if there would be any reclaimed area this year. Mr. Faroni stated there would be no reclaimed area this year. Bill also questioned Mr. Faroni on complaints of one or two blasts this year that were excessively loud and whether the maximum poundage was exceeded. Mr. Faroni stated that there is no set limit on poundage and explained the control design and types of blasts which may occur. G. Graveline asked if there were any problems with road dust. Mr. Faroni stated he was not aware of any dust or sediment problems this year. D. Pomeroy asked if any trespassers had been apprehended. Mr. Faroni stated that no trespassers have been apprehended. Chairman Hiscox asked for comments from the public. Fred Strumpf, 123 Salem Road, asked whether a stop sign could be put back up on the O & G site in order to encourage trucks to slow down. Mr. Strumpf also stated there are a lot of dirt bikes still gaining access to the property causing a nuisance and his concern that recent blasts seem to be more powerful. Adriana Silva, 133 Salem Road, agreed with Mr. Strumpf, and asked if the blasts could be more controlled or lesson the size of the blasts. There were no further comments from the public. Mr. Faroni stated that he would have a stop sign installed again and stated that any speeding trucks should be reported. Mr. Faroni also stated that the State Fire Marshall establishes blasting standards and all blasts have been within the standards set. ATV's are an ongoing problem, however, Mr. Faroni assured the Commission and the public that they are working to try to improve that problem. Motion by G. Graveline, seconded by T. Galvin to close the public hearing for O & G Industries. Unanimous.

    Plan of Conservation & Development: Chairman Hiscox recessed the meeting briefly to allow the Town Council to call a special meeting to order to review the Plan of Conservation & Development. The meeting resumed at 8:05 p.m. with the Town Council and representatives of Harrall-Michalowski Associates in attendance. Discussion was held on various parts within the Draft Plan of Conservation and Development. Members of the Town Council stated they were impressed with the overall plan. During discussion of various parks, it was mentioned that the number of ball fields at Caplan Park had recently changed. D. Pomeroy made a point of order that there is a site plan for the park and asked how the plan was changed without approval from the Planning and Zoning Commission. Town Council member, Theresa Graveline, stated that there was discussion at a Board of Recreation meeting that changes were necessary because of insufficient parking. D. Pomeroy stated that the Planning & Zoning Commission had a major discussion regarding parking when the plan was presented and recommended that the Board of Recreation come back to the Commission and ask for an amendment to the plan. The Commissioners agreed that the Board of Recreation should review the changes with the Planning & Zoning Commission. Discussion on the Plan of Conservation and Development ended at 9:15 p.m. and members of the Town Council stated that they would discuss endorsement of the proposed plan at their next meeting on January 15, 2002.

    Land Use Inspector's Report: Bill Donovan stated that he spoke with the owner of 59 Plank Road who was conducting a commercial operation on his property and was told by the owner that all equipment would be removed by the end of January, 2002. The day care facility approved at the previous Barlow Pump building will not be opening due to the cost to bring the building up to code. The sports dome application before the Inland Wetlands Commission was approved but the project is on hold. Bill also reported that the Mayor has obtained a grant for a water storage facility to be built in the Putting Green Lane area. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector's Report. Unanimous.

    Public Participation: None

    Motion by D. Pomeroy, seconded by A. Havican to adjourn at 9:36 p.m. Unanimous.

    Robert Hiscox
    Chairman