May 15, 2002
Chairman R. Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. F. Carpentier was seated for G. Graveline.
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the April 17, 2002 meeting as amended. Unanimous. Chairman Hiscox noted that, if there were no objections, an application from Lorraine Corsino for a proposed 2-lot subdivision at 250 Straitsville Road would be added to the agenda under "New Business". There were no objections.
Correspondence:
Motion by T. Galvin, seconded by D. Pomeroy to accept the correspondence. Unanimous. Chairman Hiscox noted at 7:10 p.m. that G. Graveline had arrived. F. Carpentier was unseated at this time.
Public Participation: None
b. Gnazzo Noble Realty, 79 & 81 Waterbury Road. Application for a Zone Change from Residential to General Commercial. The public hearing was opened at 7:28 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American on May 3rd and May 10th. Bill Donovan noted on the Zoning Map the two lots being proposed for a zone change. Len Noble, Gnazzo Noble Realty, stated that there is no plan to change anything on the properties at the present time. The existing houses on the properties are currently rented. The public was invited to comment. Don Coviello, 2 Terry Lane, and Gary Arndt, 5 Terry Lane, expressed their concern with drainage problems because when the asphalt parking lot was put in at Oliver's Supermarket, homeowners in the Knapp Drive and Terry Lane area were faced with flooding problems. Mr. Coviello also stated that future paving in that area would increase the possibility of road salt contaminating residential wells. Mike Dreher, 2 Stonefield Drive, asked the Commissioners to consider congestion issues in the area and the accident history along Route 69 when discussing this application. There were no further comments from the public. Motion by D. Pomeroy, seconded by T. Galvin to close the public hearing for a proposed zone change from Residential to General Commercial for property located at 79 & 81 Waterbury Road. Unanimous. The public hearing was closed at 7:38 p.m.
c. Franca & Domenic DiLoreto, 1 Old Schoolhouse Road. Application for a Special Permit for an Auto & Truck Sales Area. The public hearing was opened at 7:39 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American on May 3rd and May 10th. Attorney Patrick Zailckas represented the applicant, and stated that Mr. & Mrs. DiLoreto's son, Ed DiLoreto would be acting as agent for his parents. Chairman Hiscox noted that the appropriate documentation from the applicant appointing Ed DiLoreto as agent was submitted with a previously withdrawn application. The Commissioners had no objection to Ed DiLoreto acting as agent for Franca & Domenic DiLoreto for this application. Attorney Zailckas described the proposed auto and truck sales area including repairs and explained that Mr. DiLoreto has found that there is a viable market for used tow trucks. Mr. DiLoreto would run the proposed auto and truck sales facility as a separate and distinct business from Prospect Service Center at 20 Union City Road. A new building would be constructed at the rear of 1 Old Schoolhouse Road and the existing house would be converted to an office. The majority of the business would be conducted inside the newly constructed building and consequently, there would be very little impact on the outside appearance of the property. Attorney Zailckas stated that approval of this application could actually aid in improving the appearance of Mr. DiLoreto's current operations at 20 Union City Road. Attorney Zailckas stated that the current application is in compliance with Section 540.8 of the Regulations and reviewed the criteria with the Commissioners. Chairman Hiscox stated that his overall concern would be with the appearance of the lot and asked if a site plan had been submitted for this application. Mr. DiLoreto apologized for not having a site plan available, stating that he thought he had submitted a site plan when the application was accepted. A site plan will be submitted at the next meeting. The Commissioners were concerned with the exact number of vehicles that might be stored outside at any given time and the condition of those vehicles. D. Pomeroy asked if there was enough room for trucks to enter the property and turn around before exiting. Mr. DiLoreto stated that there is enough room for vehicles to turn around on the property and there would be no need for any vehicles to back out onto Old Schoolhouse Road. D. Pomeroy also asked whether the applicant has to obtain approval from the State of Connecticut for the location of an auto sales/repair operation. B. Donovan stated that Mr. DiLoreto currently has an application before the Zoning Board of Appeals for approval of the location for this type of use before he can apply for a license to operate. Chairman Hiscox stated that Mr. DiLoreto should submit a specific site plan at the next meeting indicating the proposed display area for vehicles as well as fencing, hedges, and plantings for screening and any proposed signage. F. Carpentier asked for clarification on the difference between "repair of vehicles", which is allowed in a C-D Zone by special permit, and "remodeling of vehicles", which is not a permitted use in a C-D Zone. The public was invited to comment. There were no comments from the public. The public hearing was continued to June 5, 2002 at 7:15 p.m.
d. Tesco Rentals, LLC, 155 Union City Road. Application for a Special Permit for an Indoor Golf and Sports Complex. The public hearing was opened at 8:10 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American on May 3rd and May 10th. Hank Berberat of Tesco Rentals submitted a recent traffic count taken at a sports complex facility in Greenfield, MA, similar to the facility he is proposing. Mr. Berberat also included a landscaping/planting plan. The proposed dome would be constructed with two layers of a sandstone colored fabric that will deter illumination outside of the dome at night. Mr. Berberat and Steven Giudice of Harry E. Cole & Son, gave an overview of the structure and proposed use of the sports complex. There is no intent to host large-scale games as the area allotted for soccer, football, softball, etc., is not regulation size. The plan proposes 88 parking spaces. Discussion was held on whether there was room on site to handle any overflow of vehicles. B. Donovan asked about the base elevation of the building and how much of the building would rise above Route 68. Mr. Giudice stated that at the center of the building the structure would rise approximately 35 feet above Route 68. It was noted for the record that the Zoning Board of Appeals has granted a height variance for the proposed structure and the Inland Wetlands Commission has granted approval for regulated activities consequent to development of the site and construction of the dome. The public was invited to comment. Mark Chevrier, 41 Platt Drive, asked the dimensions of the dome building. Mr. Giudice replied that the building is 220 feet wide by 325 feet long. Carmen Perucci, 23 Rek Lane, was concerned with the noise from the generators that will keep the structure inflated. Jeff Coleson, owner of the Greenfield, MA, facility stated that the generators run 24 hours a day, but they make less noise than a running car engine. Mr. Perucci also was concerned with the proposed lighting outside of the building stating the Town is losing its rural appeal. Robert Schaff, Bronson Road, agreed with Mr. Perucci, and also asked why the sports complex was being proposed in the midst of residential properties and what effect the sports complex would have on property values in the area. Tony Augelli, Clark Hill Road, asked whether the State D.O.T. has to approve the project. Karen Boccuzzi, Rachel Ann Court, asked if Rek Lane would ever be utilized as an accessway to the sports complex and whether the dome would be visible from Rachel Ann Court. Mike Dreher, 2 Stonefield Drive, asked if consideration could be given to performing a noise impact study and property value impact study as the proposed sports complex would be surrounded by residential properties. The applicant was asked to see if any information could be provided regarding noise and property value impacts. It was noted for the public that similar facilities are located in North Branford and Winsted. Carla Perugini Erickson, whose parents live at 160 Union City Road, stated a concern with the continual increase in traffic along Route 68 and the overall impact on safety for the residents who live in that area. Mark Chevrier, 41 Platt Drive, stated that the sports complex would contribute to the tax base and it would be a great addition to have such a facility in Prospect. Tony Milton, 16 Rek Lane, stated he has seen the sports complex in Winsted, feels it is an eyesore and it would be a detriment to the neighborhood. Tony Ministro, 2 Bronson Road, was not in favor of the sports complex in this residential area of Route 68. Paul Violette, Jr., 147 Union City Road, stated that at the ZBA hearing, the neighbors were told that the trees would block the structure. Mr. Violette feels there isn't enough trees left to block the structure, feels the dome would be unsightly and asked what the hours of operation would be. Martha Hultman, 3 Rek Lane, stated she would rather drive out of Town to visit such a facility than to have a sports complex in the middle of a residential area. There were no further comments from the public. Mr. Giudice addressed comments made by the public stating that the property is zoned commercial and due to the limited area for septic, it would not be suitable for residential development. Mr. Giudice further indicated that he and Mr. Berberat would do their best to address the concerns with noise and lighting issues. D. Pomeroy asked that Mr. Giudice also indicate on the site plan where the outside waste area will be. Motion by A. Havican, seconded by T. Galvin to schedule a site walk at 155 Union City Road on Saturday, June 1, 2002 at 8:00 a.m. for the proposed indoor golf and sports complex. Unanimous. The public hearing was continued to June 5, 2002 at 7:45 p.m.
e. CRT Realty, LLC, 50A Summit Road. Application for a 9-Lot Subdivision - Royal Crest North (Access off Summit Road). This public hearing was continued from April 3, 2002. Chairman Hiscox noted that the applicant submitted a letter allowing a 30-day extension for the public hearing. Chairman Hiscox also noted that a site walk was conducted on April 27, 2002. David Carson, OCC Design Consortium, submitted a revised site plan reflecting changes made subsequent to the site walk and a meeting with Town staff. Mr. Carson reviewed the changes with the Commissioners. The Commissioners discussed Referenced Parcel #l. It was noted that there is still an issue with Referenced Parcel #l, but Parcel #l is not part of Royal Crest North. Chairman Hiscox stated that the Commission would like to deal with the issues with Lot #1now so as not to create any future problems for the applicant or future Commissioners. B. Donovan stated that it seems that the only way to develop this lot would be if the Zoning Board of Appeals granted a variance. Mr. Carson stated that the applicant has contacted the Prospect Land Trust and they are interested in accepting the land indicated on the site plan as proposed open space. G. Graveline asked if Lot #10 is considered a rear lot. Mr. Carson stated that Lot #10 is a lot on a cul-de-sac with a 150 feet at the building line. [G. Graveline excused himself from the meeting from 9:35 p.m. to 9:53 p.m. F. Carpentier was seated during that time.] The hearing was opened to public comment. Gene McCarthy, Assistant Director of Public Works, indicated that the applicant has addressed most of his concerns, however, he still has some reservations with the proposed road width off of Summit Road for snow removal purposes. The Commissioners discussed Mr. McCarthy's concerns of maintaining the road with Mr. Carson. There were no further comments from the public. G. Graveline asked whether existing telephone poles would remain. Mr. Carson stated the existing telephone poles would be removed. Motion by G. Graveline, seconded by T. Galvin to close the public hearing on a proposed 9-lot subdivision, Royal Crest North. Unanimous. The public hearing was closed at 10:05 p.m.
f. Estate of Emile Bertrand, 113 Waterbury Road. Application for a Zone Change from Residential to General Commercial. The public hearing was opened at 10:06 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American on May 3rd and May 10th. Joe Commendatore of JNJ Realty, LLC, was acting as agent for the Estate of Mr. Bertrand. Mr. Commendatore described the 3.2-acre parcel stating that it is surrounded by Industrial Zoned property. JNJ Realty has no specific intent for the property at this time. Mr. Commendatore submitted a letter from Victoria LoRusso, an abutting property owner, stating that she has no objection to the zone change. Ms. LoRusso further indicates in her letter that a full privacy fence will be put up along her boarder at the expense of the buyers of 113 Waterbury Road. The public was invited to comment. Mike Dreher, 2 Stonefield Drive, asked the Commissioners to consider the congestion and accident history along Route 69 when considering this application. Mr. Dreher stated that there are current issues with the business district in that area already. There were no other comments from the public. Motion by D. Pomeroy, seconded by G. Graveline to close the public hearing for a proposed zone change from Residential to General Commercial for property located at 113 Waterbury Road. Unanimous. The public hearing was closed at 10:12 p.m. [See Page 5]
c. Cornerstone Real Estate, Inc., 50A Summit Road. Application for a 2-Lot Subdivision - Royal Crest South (Access off Melissa Lane). The public hearing on this application was closed on April 17, 2002. The Commissioners reviewed a Draft Resolution of Approval as submitted by Bill Donovan. Motion by T. Galvin, seconded by D. Pomeroy to approve the Draft Resolution of Approval as presented for "Royal Crest South" Subdivision. Unanimous.
Land Use Inspector's Report: Bill distributed final copies of the Town's updated Plan of Conservation and Development. Chairman Hiscox asked if any progress has been made with Prospect Pools. Bill stated that Mr. Keeler had indicated that his employees would be parking at the commercial building on Route 69, but Bill has not seen any changes. The Commissioners instructed Bill to follow up with a letter to Mr. Keeler stating the Commission's concerns with the slowness of progress. D. Pomeroy stated that the illegal tree service on Plank Road is still moving deeper into the woods. Chairman Hiscox stated his continued concerns with the Texaco Station. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector's Report. Unanimous.
Public Participation: Bob Gillis, 25 Platt Drive, and Linda Henaghan, 20 Platt Drive, restated that they don't question Mrs. Christiano's credentials or that the service she provides is worthwhile, however, they feel that Mrs. Christiano has proven that she will not stay within the guidelines of her permit and that her home occupation permit should be revoked. Mr. Gillis stated that it is not just the "Gillises and Henaghans" but several Platt Drive residents who feel that this business doesn't belong in a residential neighborhood as heard this evening.
Mark Guastaferri asked if the Commissioners would consider taking action on the proposed amendment to the Regulations to add "Health Club" as a permitted use. The Commissioners reviewed the submitted definition and had no objections to the amendment. Motion by G. Graveline, seconded by T. Galvin to approve an amendment to the Zoning Regulations to add "Health Club" as a permitted use in a C-G Zone and set an effective date of June 5, 2002. Unanimous.
Joe Commendatore asked the Commissioners to consider taking action on the proposed zone change for 113 Waterbury Road due to time constraints on a commitment for a purchase agreement. Chairman Hiscox noted that the proposed zone change agrees with the Town's Comprehensive Plan, the property is bordered to the south by industrial land and it is not located within the designated gateway cluster. The Commissioners had no objections or issues with the zone change. Motion by D. Pomeroy, seconded by A. Havican to approve the zone change from Residential to General Commercial for property located at 113 Waterbury Road as this change complies with the Town's Comprehensive Plan and set an effective date of June 5, 2002. Unanimous.
Motion by A. Havican, seconded by G. Graveline to adjourn at 11:37 p.m. Unanimous.