March 20, 2002
Chairman R. Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. Chairman Hiscox seated A. Delelle for T. Galvin.
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the March 6, 2002 meeting as presented. Unanimous.
Correspondence:
Motion by D. Pomeroy, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: Attorney Robert Hanahan stated that he is representing Thomas & Dolores Marino of 26 Hydelor Avenue, in the matter of a complaint against Prospect Sanitation Services regarding alleged violations. Attorney Patrick Zailckas, representing Prospect Sanitation Services, stated that his client has expressed his willingness to cooperate with an onsite investigation as suggested by Bill Donovan with Chesprocott Health District. Mr. Zailckas further stated that he had not had the opportunity to adequately review the written complaint and asked for the opportunity to prepare a written response relative to the complaint. Bill Donovan stated that the written complaint states that there is a nonconforming business being conducted in a residential area and in conjunction with the business there are several severe violations of health code issues. The Complainant is asking that a cease and desist order be issued if the business is not allowed. Chairman Hiscox stated that given the circumstances, Bill Donovan would proceed with the investigation and report back to the Commission.
b. Peter Budde, Agent, 8 Talmadge Hill Road. Application for a Home Occupation Permit – Landscaping/Lawn Maintenance. The application was accepted at the March 6, 2002 meeting. The Commissioners reviewed the Resolution of Approval prepared by Bill Donovan. It was noted that approval would be for the applicant only, not any future tenants of the property. Motion by G. Graveline, seconded by A. Havican to approve the Draft Resolution of Approval for a Home Occupation Permit for a Landscaping Business at 8 Talmadge Hill Road as presented. Unanimous.
c. 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. Chairman Hiscox stated that his opinion after discussion at the public hearing was that this issue could be included in the next phase of the planning process where all Regulations are going to be reviewed. The Commissioners agreed and noted for the record that the proposal would be referred to the Planners during the review of the Prospect’s Zoning Regulations. Bill Donovan suggested that the proposal be withdrawn. Motion by D. Pomeroy, seconded by G. Graveline to withdraw the proposed amendment to the Regulations, Section 300 – Uses by District, to allow other uses not specifically listed in the Regulations. Unanimous.
b. Trident Equity Associates, 104 Waterbury Road. Application for an Amendment to Zoning Regulations to Allow Livery Service as a Permitted Use in a C-G Zone. The public hearing was opened at 8:02 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American as well as the acknowledgement card of receipt of referral from the Council of Governments. A letter dated March 18, 2002 from Virginia Mason, Senior Planner for the Council of Governments, commenting on the proposal was read into the record. Mark Guastaferri of Trident Equity Associates presented the application and described livery service for the Commissioners. Customers do not come to the site. Discussion was held on whether livery service should be extended to Design Commercial and Industrial Zones as well. The Commissioners decided to address the use in a General Commercial Zone only at this time and refer the expansion to other zones to the planners for consideration when updating the Zoning Regulations. There were no comments from the public. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for a proposed amendment to the Regulations to allow “livery service” as a permitted use in a C-G Zone. Unanimous. Motion by G. Graveline, seconded by D. Pomeroy to approve an amendment to the Regulations to allow “livery service” as a permitted use in a C-G Zone as presented. Unanimous.
b. Kathleen Christiano, 27 Platt Drive. Review of Home Occupation Permit. Chairman Hiscox noted that an Executive Session was held with the Town Attorney to discuss pending litigation regarding this Home Occupation Permit. Chairman Hiscox also noted that the official expiration of the current permit is March 1, 2002 but the permit is considered to be extended until the Commission takes action regarding renewal. Additional concerns were reported to Chairman Hiscox from Platt Drive residents regarding extra sessions, additional clients apparently outside and possibly on another property and clients arriving and leaving at the hours that kids are waiting for school buses. Chairman Hiscox read a letter sent to Mrs. Christiano by Bill Donovan on March 19, 2002 regarding her Home Occupation Permit. D. Pomeroy called for a recess prior to discussion on the permit. The meeting recessed at 8:35 p.m. and reconvened at 8:39 p.m. During discussion, D. Pomeroy stated that Platt Drive resident’s calling the Chairman to report that Mrs. Christiano is violating the terms outlined in the Resolution of Approval is basically hearsay and more concrete evidence is necessary to substantiate the alleged violations. Chairman Hiscox agreed but added that he has received more concerns with this permit than any other issue during his term on the Planning and Zoning Commission. D. Pomeroy asked what are the “normal” hours of school buses running in the area. G. Graveline asked whether the regulations specify whose responsibility it is to ask for renewal when a permit expires. It was noted to refer clarification of application renewals to the Planners for the process of updating the regulations. Chairman Hiscox asked that Mrs. Christiano provide the Commission with a schedule of the number of sessions and clients she currently has. Bill Donovan will notify Mrs. Christiano that the Commissioners are requesting her presence at the April 17, 2002 meeting for discussion of her Home Occupation Permit.
Plan of Conservation & Development: Proposed changes submitted and read into the public hearing at the last meeting were being incorporated into the Plan. Chairman Hiscox asked Bill to ensure that an updated list of Planning & Zoning Commissioners and alternates was given to the Planners to be included in the Plan. It was noted that only positive comments have been received regarding the proposed update. The Commissioners expect to vote on adopting the updated Plan of Conservation and Development at the April 3, 2002 meeting. Bill Donovan reminded the Commissioners that should the Plan be approved at the next meeting, they can always continue to update and modify it.
Land Use Inspector’s Report: Bill stated that a roundtable discussion will be held with the Town Attorney on April 24, 2002 at 7:00 p.m. jointly with the ZBA Commissioners to discuss legal issues pertinent to the Boards. Bill reported that an application for a sports dome on Union City Road may be forthcoming. Discussion was held on the woodcutting operations at the Galko property on Talmadge Hill Road. Bill was asked to visit the tree cutting service operations on Plank Road. D. Pomeroy stated that the operations are still ongoing. Bill was also directed to follow up with Mr. Dobbins on Cornwall Avenue to ensure that he is complying with the clean up of his property. Motion by D. Pomeroy, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation: Linda Henaghan, 20 Platt Drive, asked what would be considered evidence of Mrs. Christiano’s alleged violations and noted for the Commissioner the hours that school buses are in the area on Platt Drive. Sue Iwinski, 35 Platt Drive, noted that Platt Drive residents are dealing with some of the same issues in their “residential” neighborhood regarding a nonconforming use, as what was discussed earlier in the evening regarding a “commercial” area. Mrs. Iwinski asked how homeowners could have an impact on the upcoming review of the Regulations.
Motion by A. Havican, seconded by G. Graveline to adjourn at 9:35 p.m. Unanimous.