P&Z Minutes - March 6, 2002

Planning & Zoning

March 6, 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: Alexander Delelle

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

Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the February 20, 2002 meeting as presented. Unanimous.

Correspondence:

  1. Letter dated March 6, 2002 from Mayor Robert Chatfield re: Galko Firewood Business, Talmadge Hill Road & Christine Drive.
  2. Letter dated February 9, 2002 from Joy & Minaz Mawji re: Galko Firewood Business, Talmadge Hill Road & Christine Drive.
  3. Invoice #883149 dated February 27, 2002 from HMA, Inc., for $1,000.00 for the Prospect Plan of Conservation & Development.
  4. Approved Inland Wetlands Minutes – December 10, 2001.
  5. Approved Inland Wetlands Minutes – January 28, 2002.
  6. Connecticut Conference of Municipalities Environmental Management Bulletin – Update: Stormwater Phase II.
  7. Connecticut Federation of Planning & Zoning Agencies – Notice of Membership Dues through March 31, 2003 in the Amount of $90.00.
  8. Minutes of the Council of Governments Central Naugatuck Valley – January 8, 2002.

Motion by T. Galvin, seconded by G. Graveline to pay the membership dues for the Connecticut Federation of Planning & Zoning Agencies in the amount of $90.00. Unanimous. Motion by T. Galvin, seconded by A. Havican to pay the invoice for HMA, Inc., in the amount of $1,000.00. Unanimous. Motion by D. Pomeroy, seconded by T. Galvin to accept the correspondence. Unanimous.

Public Participation: Len Noble, Oliver’s Supermarket, expressed concern with the Route 69 Study Plan proposal to close off the exit drive at Oliver’s and route traffic behind Oliver’s building to exit at the Triple Stitch building. Joe Commendatore, Triple Stitch, expressed his concern as well stating that the businesses were not contacted for input on the proposal. Mr. Noble and Mr. Commendatore stated the proposed exit change would not be feasible. D. Pomeroy suggested that Mr. Noble and Mr. Commendatore make the Council of Governments and Connecticut D.O.T. aware of their concerns. Tom Battiste, 38 Industrial Road, asked about trucking activity on the right side of the Prospect Industrial Park. Chairman Hiscox stated that there has been no application for activity presented to the Planning & Zoning Commission, but he would ask Bill Donovan to look into the matter. Sue Iwinski, Platt Drive, read and submitted a letter regarding the review of Kathleen Christiano’s home occupation permit. Chairman Hiscox noted new complaints he’s received in the past week from Platt Drive residents regarding the number of clients, the number of sessions and scheduling of clients at the Christiano residence. Chairman Hiscox also stated that review of Mrs. Christiano’s permit would be on the agenda for March 20, 2002. Attorney Robert Hanahan, representing Thomas and Delores Marino of 26 Hydelor Avenue, was in attendance to discuss a complaint against Prospect Sanitation, 33 Hydelor Avenue. It was suggested by Chairman Hiscox and agreed by Attorney Hanahan to hold discussion on this complaint at the March 20, 2002 when Bill Donovan would be in attendance.

Old Business:
a. Caplan Park, New Haven Road. Review Site Plan Changes. Bill Sereduck of the Board of Recreation reviewed site plan changes made at Caplan Park. Mr. Sereduck explained that the original plan designates 59 parking spaces. Compared to parking available at Hotchkiss Field that is often filled to capacity, it was realized that the proposed parking at Caplan Park was not sufficient. The revised plan would eliminate one of the proposed softball fields and move the proposed pavilion in order to gain 26-30 additional parking spaces. The architectural firm who originally designed the plan will be asked if a softball field could be put in where an open field had originally been proposed and then utilize the open area parallel to the new parking lot as a multipurpose field. Mr. Sereduck further stated that no changes have been made to the grading and required buffers were still in place. Chairman Hiscox asked Mr. Sereduck to keep Bill Donovan informed of any further changes as the plan moves forward.

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. There was no discussion held on the proposal.

Public Hearings:
a. Proposed Update to Prospect’s Plan of Conservation & Development. The public hearing was continued from February 6, 2002 and opened for the evening at 7:38 p.m. Chairman Hiscox read comments received by the Council of Governments Central Naugatuck Valley and also a letter from Mayor Robert Chatfield in support of the proposed update to the Plan of Conservation & Development. Richard Harrall of HMA, Inc., submitted a draft of recommended inserts to the Plan in response to the comments from the Council of Governments. The hearing was opened to public comment. Patricia Townsend, 174 Scott Road, asked about the proposed Commerce Park on Scott Road. Chairman Hiscox explained that there is no formal proposal yet, but suggested that Mrs. Townsend contact the Economic Development Board. Tom Satkunas, 232 New Haven Road, asked whether industrial and commercial properties on Route 68 and Route 69 would remain as they are now. Chairman Hiscox explained that the Plan of Development is used as a guide for future planning and any proposed zone change would still require a public hearing. Joe Commendatore, 33 Clark Hill Road, stated that he felt sewer avoidance was not in the best interest of the senior citizens because elderly housing would be hindered by sewer avoidance. G. Graveline stated that proposed elderly housing would need to include a small sewage treatment plant within the development. There were no further comments from the public. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing on the proposed update to the Plan of Conservation & Development. Unanimous.

b. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road. Application for Special Permit for Warehouse/Indoor Storage. The public hearing on this application was opened on February 20, 2002 and recessed until March 20, 2002 at 7:30 p.m.

New Business:
a. Thomas Battiste, 38 Industrial Road. Amendment to Resolution of Approval – Storage Facilities. Tom Battiste explained that the approved site plan designates an area for outdoor storage, but there is some confusion because the Resolution of Approval states that there is to be no outdoor storage. The gravel area would be used to park miscellaneous items, such as small boats, camper trailers and possibly cars. Chairman Hiscox stated that outdoor storage is permitted in a C-G zone. D. Pomeroy suggested that if vehicles were to be stored, absorbent pads placed under the engines would help to protect the environment. Chairman Hiscox acknowledged that the designated area for outdoor storage is limited, but stated the concerns would be with the environmental impacts of outdoor storage and that the area not become a junkyard. Mr. Battiste reviewed a change to the proposed plantings in order to provide a more efficient buffer. Chairman Hiscox stated that Mr. Battiste should review the planting changes with Bill Donovan. Bill will be asked to provide an amendment to the Resolution of Approval for the next meeting.

b. George Pavlik, 14 Waterbury Road. Application for Change in Use – Computer Sales and Service. Mark Wither, agent for George Pavlik, presented an application for computer sales and service at 14 Waterbury Road. Chesprocott has approved the application. Appropriate fees have been paid. Hours of operation are in accordance with the regulations. The Commissioners were comfortable with the proposed change in use. Motion by G. Graveline, seconded by A. Havican to accept and approve the application for a change in use to computer sales and service for property located at 14 Waterbury Road. Unanimous.

c. Trident Equity Associates, 104 Waterbury Road. Application for Amendment to Zoning Regulations to Allow Livery Service as a Permitted Use in a C-G Zone. Mark Guastaferri of Trident Equity Associates presented the application to add a provision in the regulations to allow “livery service” as a permitted use in a C-G zone. Managed Transportation Services would like to run a livery service at 104 Waterbury Road. Appropriate fees have been paid. G. Graveline asked whether Mr. Guastaferri would object to the amendment being extended to a design commercial zone as well as a general commercial zone. Mr. Guastaferri stated that he would leave that to the Commissioners’ discretion. Mr. Guastaferri further stated that he refined the definition to include that such a use would have “no on-site repair facilities and is licensed by the Connecticut D.O.T. as a livery business”. Motion by D. Pomeroy, seconded by T. Galvin to accept the application for an amendment to the Regulations to add “Livery Service” as a permitted use in a C-G zone and set a public hearing for March 20, 2002 at 8:00 p.m. Unanimous.

d. Town of Prospect, Center Street. Application for a Skating Park. There was no one in attendance to present the application.

e. Mobil Oil Corporation, 4 New Haven Road. Application to Replace Canopy Signs & Install a New 36” Canopy Fascia with Blue Illuminated Band. Chairman Hiscox explained that Mobil Oil Corporation is proposing an upgrade to the appearance of their station at the intersection of Route 68 & Route 69. Pictures and designs of the new canopy and signs were distributed and reviewed by the Commissioners. Appropriate fees were paid. Motion by D. Pomeroy, seconded by T. Galvin to accept and approve the application to replace the canopy signs at the Mobil Station located at 4 New Haven Road. Unanimous.

f. Cornerstone Real Estate, Inc., Melissa Lane. Application for 2-Lot Subdivision – Royal Crest South. David Carson of OCC Design Consortium represented the applicant and submitted a plan for a 2-lot subdivision off of Melissa Lane. The Inland Wetlands Commission has approved the plan. The Commissioners briefly reviewed the plan. The applicable fees had not been determined. Chairman Hiscox instructed the applicant to pay the appropriate fees to Bill Donovan prior to the next meeting. Motion by A. Havican, seconded by G. Graveline to accept the application for a 2-lot subdivision on Melissa Lane, Royal Crest South, and set a public hearing for April 3, 2002 at 7:30 p.m. Unanimous.

g. CRT Realty, LLC, Summit Road. Application for 9-Lot Subdivision – Royal Crest North. David Carson of OCC Design Consortium represented the applicant and submitted a plan for a 9-lot subdivision on Summit Road. The current driveway leading to the Country Manor Healthcare Facility would be turned into a public roadway for the subdivision with a cul-de-sac at the end. Lot 7 will be deeded to the Mirabelle’s at 50 Summit Road. The Mirabelle’s driveway would then be re-routed to the new road. The applicant is proposing to deed approximately 10 acres of open space to the Prospect Land Trust. The Inland Wetlands Commission has approved the plan. The applicable fees have not been determined. Chairman Hiscox instructed the applicant to pay the appropriate fees to Bill Donovan prior to the next meeting. Motion by D. Pomeroy, seconded by G. Graveline to accept the application for a 9-lot subdivision on Summit Road, Royal Crest North, and set a public hearing for April 3, 2002 at 8:00 p.m. Unanimous.

h. Harold Becker, 8 Talmadge Hill Road. Application for a Home Occupation Permit – Landscaping/Lawn Maintenance. Peter Budde, agent for Harold Becker, stated that he rents the property at 8 Talmadge Hill Road and is seeking a home occupation permit for his landscaping business. Mr. Becker explained that this is a 1-person operation, lawnmowers would be stored in the garage and a pickup truck and 6’ x 8’ trailer would be parked in the driveway. Chairman Hiscox specified that if the business were to go beyond a 1-person operation, Mr. Becker would need to come back to Planning & Zoning for approval. Appropriate fees have been paid. The business phone is Mr. Budde’s cell phone. No signage is required. Chairman Hiscox stated that Bill Donovan will draft a Resolution of Approval for the next meeting and suggested that Mr. Budde discuss the terms with Bill prior to the next meeting. D. Pomeroy asked if fertilizers or wood chips would be stored on the property. Mr. Budde stated that he would not be storing materials at the property. Motion by T. Galvin, seconded by G. Graveline to accept the application for a home occupation permit at 8 Talmadge Hill Road for landscaping and lawn maintenance. Unanimous.

Land Use Inspector’s Report: Bill Donovan was not in attendance.

The Commissioners discussed the possibility of calling an executive session with the Town Attorney to discuss the Christiano Home Occupation Permit. Chairman Hiscox stated that the Town Attorney has indicated to Bill Donovan that the Commissioners should go ahead with the review process as usual and that Mrs. Christiano must comply with the Commission’s decisions. The Commissioners did agree, however, to have Bill contact the Town Attorney regarding the possibility of an executive session to discuss the matter. G. Graveline referred to a comment made at the last meeting regarding a Certificate of Occupancy being issued without a deck being built off the back of Mrs. Christiano’s home. Gil stated that a C.O. could be issued as long as the sliding doorway is secured and there is at least one accessible entryway. D. Pomeroy reported that the property owner on Plank Road with commercial trucks is continuing his operations.

Public Participation: None

Motion by D. Pomeroy, seconded by T. Galvin to adjourn at 8:52 p.m. Unanimous.

Robert Hiscox
Chairman