P&Z Minutes - June 5, 2002

Planning & Zoning

June 5, 2002

Board Members Present: Robert Hiscox, Gil Graveline (7:10), Alan Havican, Donald Pomeroy (7:10), Thomas Galvin
Alternates Present: Alexander Delelle
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Anthony Parrella (Alt.), Francis Carpentier (Alt.)

Chairman R. Hiscox called the meeting to order at 7:02 p.m. The meeting was taped. A. Delelle was seated for D. Pomeroy.

Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the May 15, 2002 meeting as presented. Unanimous.

Correspondence:

  1. Unsigned Note dated May 30, 2002 re: Inground Pool at 225 New Haven Road with No Fencing.
  2. Minutes of the Regional Planning Commission dated May 7, 2002.
  3. Memo dated May 29, 2002 from the Council of Governments of the Central Naugatuck Valley re: Census 2000 - Detailed Population & Housing Profiles for Individual CNVR Municipalities.

Motion by T. Galvin, seconded by A. Havican to accept the correspondence. Unanimous. G. Graveline and D. Pomeroy arrived at 7:10 and consequently, A. Delelle was unseated for the remainder of the meeting.

Public Participation: Sue Iwinski, 35 Platt Drive, submitted a letter signed by 29 Platt Drive residents that she read into the record regarding renewal of the Christiano Home Occupation Permit. Peter Daddona introduced Jay Campbell, new owner of Prospect Paintball, to the Commission. B. Donovan stated that Mr. Campbell would be submitting an application for the annual renewal of the special permit for Prospect Paintball at the next meeting.

Public Hearings:
a. Franca & Domenic DiLoreto, 1 Old Schoolhouse Road. Application for a Special Permit for an Auto & Truck Sales Area. The public hearing was continued from May 15, 2002. Attorney Patrick Zailckas, representing the applicant, presented the Commission with a site plan detailing landscaping and parking, sketches of the proposed building and a plot plan dated March 15, 2002 showing a proposed warehouse for Domenic DiLoreto prepared by William F. Orsine & Associates, Surveyors & Planners. Attorney Zailckas explained that the site plan submitted does not include the legend indicating 1inch = 20 feet and the rear property line at the western border should indicate a measurement of 97.78 feet. The Commissioners reviewed the site plan with Attorney Zailckas. Chairman Hiscox noted that there should be a complete hedged boundary between this proposed auto/truck sales area and the Prospect Service Center for the purpose of keeping the two lots separated. Fencing is not being proposed at this time, however, Mr. DiLoreto stated he would work with the Commission if, for aesthetic purposes, the Commissioners felt that fencing was needed. There would be no outside storage. Existing trees would only be removed if necessary for construction of the proposed building. A non-illuminated detached 3' x 4' sign near the driveway entrance and a non-illuminated 2' x 3' sign on the office building. Zoning Board of Appeals approval was granted on May 25, 2002. Chesprocott approval has been received as well. Attorney Zailckas stated that the property was found by the ZBA to be suitable for the intended business with regard to traffic conditions, neighborhood and effect on public travel. Shielded by existing hedges and adjacent to other existing commercial uses, the property is well away from existing schools and churches and traffic is expected to be minimal because the targeted sales are towards specialized clients. Lighting would be for security purposes only. As a precautionary measure, G. Graveline suggested a sign at the end of the proposed driveway indicating "One Way Only" onto Old Schoolhouse Road. Mr. DiLoreto estimates 2-4 employees. Chairman Hiscox suggested that one parking space be eliminated to allow a grassy area in the front of the office to maintain a "residential" look. The Commissioners agreed. Mr. DiLoreto stated again for the Commissioners that this would be a separate business and is in no way related to Prospect Service Center. The public was invited to comment. There were no comments from the public. Motion by G. Graveline, seconded by T. Galvin to close the public hearing on Franca & Domenic DiLoreto for a special permit for an auto and truck sales area at 1 Old Schoolhouse Road. Unanimous.

Old Business:
b. Gnazzo Noble Realty, 79 & 81 Waterbury Road. Application for a Zone Change from Residential to General Commercial. The public hearing on this application was closed on May 15, 2002. Chairman Hiscox noted that the zone change is in accordance with the Town's Comprehensive Plan. Motion by T. Galvin, seconded by G. Graveline to approve a zone change from Residential to General Commercial for property located at 79 & 81 Waterbury Road and set an effective date of July 1, 2002. Under discussion, G. Graveline noted that if the zone change were approved, a site plan would have to be presented for any change in use of the two properties. The vote on the motion was Unanimous.

d. Lorraine Corsino, 250 Straitsville Road. Application for a 2-Lot Subdivision. The application was accepted at the May 15, 2002 meeting. The applicant has submitted an application to the Inland Wetlands Commission and will be on the Planning & Zoning Agenda for June 19, 2002. No discussion was held on this application.

New Business:
a. Trident Equity Associates, 104 Waterbury Road. Application for a Change in Use - Health Club. Mark Guastaferri, Trident Equity Associates, presented a site plan for "Curves for Women" proposed to occupy 1200 square feet of the existing building located at 104 Waterbury Road. Chairman Hiscox stated that the business seems to be in operation already and noted for the record and the applicant that approval from the Planning & Zoning Commission is required prior to the commencement of operations. In addition to "Curves for Women", Managed Transportation Services occupies approximately 225 square feet of office space in the existing building, and the remaining 925 square feet is currently vacant. Mr. Guastaferri stated that there is room to expand the parking area if necessary. Mr. Guastaferri further stated that Chesprocott had no concerns with the proposed health club, as there would be no food and a low volume of people in the building at any given time. B. Donovan asked whether any landscaping was being proposed. Mr. Guastaferri stated that he was planning to improve the landscaping on the property. The signage will not exceed the allowed maximum sizes as stated in the Regulations. Motion by G. Graveline, seconded by A. Havican to accept and approve the application submitted by Trident Equity Associates for a change in use to "Health Club" for property located at 104 Waterbury Road. Unanimous.

Public Hearings:
b. Tesco Rentals, LLC, 155 Union City Road. Application for a Special Permit for an Indoor Golf and Sports Complex. The public hearing was continued from May 15, 2002. Chairman Hiscox noted that a site walk was held on June 1, 2002. Hank Berberat, Tesco Rentals, LLC, submitted information on proposed lighting, a letter discussing property values from a real estate professional in the Greenfield, MA, area familiar with the dome facility in Greenfield, and a sample of the fabric used for the outer layer of the dome. Stephen Guidice, Harry E. Cole & Son, stated that the site plan has been revised to indicate light pole locations in the parking area and a dumpster area located at the southwest corner of the parking area. Mr. Guidice noted that 2 parking spaces were eliminated to accommodate the dumpster area. T. Galvin stated a concern with congestion in the parking area when buses visit the site and questioned whether there would be sufficient turn around room for the buses. Mr. Guidice stated the operators would make provisions for the buses when necessary. A. Havican noted that discussion was held at the site walk on the possibility of floating a balloon at the site to gauge the height of the proposed structure and asked whether a balloon float could be scheduled. Chairman Hiscox stated that a balloon float would be helpful to the Commissioners in determining whether the structure would fit with the character of the neighborhood, as well as the Plan of Development and the rural nature of the Town. The public was invited to comment. Several neighbors voiced opposition to the proposed sports complex again, citing concerns with the size of the proposed dome, impact on traffic in the area, noise and a decrease in the value of their properties. Although the property is zoned commercial, this portion of Route 68 is mostly residential and the neighbors feel a sports complex would adversely affect their properties and the character of the neighborhood. Mr. Guidice stated that he would set a balloon float for the weekend of June 15th and 16th. The applicant agreed to grant the Commission an additional 30-day extension of the public hearing. The hearing was continued to June 19, 2002 at 7:15 p.m.

Old Business:
b. Kathleen Christiano, 27 Platt Drive. Review of a Home Occupation Permit. Chairman Hiscox read letters submitted by Florence M. & Larry D. Hansen, 32 Platt Drive, and Kathleen A. Christiano regarding renewal of the Home Occupation Permit at 27 Platt Drive. Motion by D. Pomeroy, seconded by G. Graveline to approve the Draft Resolution of Approval for a Home Occupation Permit for Kathleen Christiano, 27 Platt Drive, as modified. Unanimous.

Old Business:
c. CRT Realty, LLC, 50A Summit Road. Application for a 9-Lot Subdivision - Royal Crest North. The public hearing on this application was closed on May 15, 2002. Chairman Hiscox read a letter dated June 3, 2002 addressed to CRT Realty, LLC, from the Prospect Land Trust acknowledging their intention to acquire 8-9 acres of open space by donation by the applicant. Chairman Hiscox asked whether the revised plan addresses the concerns of the Assistant Director of Public Works regarding the entrance off of Summit Road. The Commissioners asked that David Carson, OCC Design Consortium, explain the revisions to the entranceway. Mr. Carson stated that the entrance roadway is 26 feet wide, there's an 8-foot snow shelf and then a wall that is 3 feet from the trees bordering the Pelletier property. The wall will be smaller in order to save the trees and still create the snow shelf. Chairman Hiscox asked if there were any remaining issues with the Ostapko property. Mr. Carson stated the burden of acquiring the right of way from the Ostapko property is on the applicant and the site plan notes that an additional right of way needs to be acquired. G. Graveline questioned the stantion for mailboxes as required by the regulations. B. Donovan suggested that reference to a mailbox stantion be added to the Resolution of Approval. Chairman Hiscox commented that he would request that the applicant to keep in mind the concerns of the Holley Lane residents regarding the tree cutting behind Holley Lane. B. Donovan suggested that Item 5 should read, "a site improvement bond in the amount to be determined by staff and approved by the Planning & Zoning Commission." Motion by D. Pomeroy, seconded by T. Galvin to approve the Draft Resolution of Approval for Royal Crest North Subdivision as amended. Unanimous.

Land Use Inspector's Report: Bill Donovan stated that a letter was sent to the Texaco Gas Station regarding materials on the sidewalk and it was noted that as of today all materials have been removed. D. Pomeroy questioned the activities taking place on the property north of the Dairy Bar. Bill explained that the previous owner had a legal, non-conforming use and the new owner is planning a similar type machine shop. Bill stated that he and Gene McCarthy, Assistant Director of Public Works, checked the elevation of the car wash being built on Waterbury Road and the base elevation is within 1/10th of 1 foot of the plan. Chairman Hiscox asked Bill to relay to the owners of the car wash facility that this is a sensitive site and attention should be given to ensure that whatever can be done to further screen the site would be appreciated. Let the Commission know if any modifications are to be made. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector's Report. Unanimous.

Update of Zoning Map: B. Donovan explained that a public hearing needs to be scheduled to revise and upgrade the existing Town Zoning Map. Motion by T. Galvin, seconded by D. Pomeroy to set a public hearing to update the Town's Zoning Map for June 19, 2002 at 8:00 p.m. Unanimous.

Public Participation: B. Henaghan, 20 Platt Drive, reminded the Commissioners that the video tape submitted at the last meeting was an edited version and that if the original version recorded on a digital camera was necessary, it could be provided. Mr. Henaghan also asked the Commissioners to have the Town Attorney review Item A under the Home Occupation Regulation regarding an additional person engaged in the home occupation enterprise. Mr. Henaghan stated his disappointment with the Commission's decision and the problem with enforcement issues with the Regulations. Bob Gillis, 25 Platt Drive, commented that his conduct and that of his neighbors has always been professional and courteous to the applicant, to the board and to all of Mrs. Christiano's clients. He asked for closure to the commercial shed that's been on the Christiano property for more than a year, that the end of the Christiano's driveway be paved 10 feet in from the road and that "no trespassing" signs posted along the property line be moved 10 feet off of the property line. Sue Iwinski, 35 Platt Drive, referred to the Resolution of Approval which states that "expansion of the permit immediately voids this approval" questioning the validity of that statement when the permit has not been voided. Mrs. Iwinski stated her frustration with the inability to enforce the Regulations. There were no further comments.

Motion by T. Galvin, seconded by D. Pomeroy to adjourn at 10:30 p.m. Unanimous.

Robert Hiscox
Chairman