October 16, 2002
Chairman R. Hiscox called the meeting to order at 7:09 p.m. The meeting was taped.
Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the October 2, 2002 meeting as amended. Unanimous.
Correspondence:
Public Participation: None
Old Business:
a. Glen & Nancy Robinson, 118 Waterbury Road. Application for Change of Zone from Residential to General Commercial. The Commissioners discussed the reasons why the application to change the zone from residential to commercial on this property was denied two years ago. The Commissioners felt that although it was denied previously, that area is now mostly commercial properties and changing the zone of this property is in accordance with the Comprehensive Plan. Motion by D. Pomeroy, seconded by T. Galvin to approve the Change of Zone from Residential to General Commercial because it conforms with the Comprehensive Plan and set an effective date of November 15, 2002. Unanimous.
Public Hearings:
a. O & G Industries, Inc., 147 Spring Road. Application to Amend the Zoning Regulations, Section 420.12. The public hearing was opened at 7:30 p.m. Chairman Hiscox read into record the Notice of Public Hearing as it appeared in the Waterbury Republican. Ken Ferroni representing O & G Industries, Inc. explained why he would like to have an Amendment made to the Zoning Regulations, Section 420.12 allowing the Commission to approve a Special Permit for Sand & Gravel / Earth Removal for up to a two year period. He informed the Commission that other towns including Torrington, Woodbury and Burlington have two year renewal periods. The hearing was open for public discussion. There were no comments from the public. Motion by D. Pomeroy, seconded by G. Graveline to close the public hearing. Motion by G. Graveline, seconded by A. Havican to approve the Amendment to the Zoning Regulations, Section 420.12 allowing the Commission to grant a Special Permit for Sand & Gravel / Earth Removal for up to a two year period effective November 15, 2002. Unanimous.
b. John LaMontagne, 24 Straitsville Road. Application to Sustain Non-conforming Commercial Status of Property. The public hearing was opened at 7:36 p.m. Chairman Hiscox read into record a letter from Attorney Robert Hanahan stating that a recent court decision states that non-conforming use can not be lost simply due to non-use for a period of time. Attorney Hanahan enclosed a copy of the Connecticut Statute regarding that decision. The hearing was opened for public discussion. Cynthia Ryder, 11 Straitsville Road, stated that the property has not been used commercially in years. It had been for sale as a residential property and after inquiring at the Town Hall she was told by the Tax Collector that the property had reverted to non-commercial use only. She also feels the traffic would be hazardous should any commercial company occupy that property. Ken Ryder, 11 Straitsville Road, stated the property has never been used as a place of business only as a warehouse. He stated the telephone number on the building is "723" not "758". He feels Mr. Wagner has shown no consideration for the neighborhood or town because he has let the property fall into such disarray. Mr. Ryder stated the back of the property is a swamp and wetlands' approval needs to be considered before allowing any use of the property. He also stated there has been an unregistered van parked at random points on the property over the past five months. Mr. Ryder also expressed traffic concerns regarding any commercial use of the property. Joseph Sgro, 36 Straitsville Road, stated soil testing has been performed on this property in the past couple of weeks where the gas tanks used to be. Chairman Hiscox asked Bill Donovan to explain any soil test results. Bill said there was some V.O.C. contamination in the soil that is contained to the area where the underground tanks were. However, it was felt that if the soil in that contaminated area was removed and replaced with fresh soil the problem would be solved. The contamination is not reported to be spreading. John LaMontagne addressed the public stating that he intends to use the property to park his truck for his commercial remodeling business and that he intends to clean up and beautify the property. Mr. LaMontagne had a well test done and no V.O.C.'s were found in the well. Motion D. Pomeroy, seconded by T. Galvin to close the public hearing. Unanimous.
Motion by G. Graveline to approve the continuance of the non-conforming commercial use of property located at 24 Straitsville Road. There was no second to this motion. Motion by T. Galvin, seconded by A. Havican to deny the continuance of the non-conforming commercial use of property located at 24 Straitsville Road because the evidence does not indicate the owner intended to continue the non-conforming commercial use. In Favor of the motion was T. Galvin, A. Havican, D. Pomeroy, and R. Hiscox. Opposed to the motion was G. Graveline. Motion to deny the application carried.
New Business:
a. Edward J. Hankey and Jane Veletkevitch, 189 Straitsville Road. Application for an 8 Lot Subdivision for property located at 200 Coachlight Circle. Attorney Bruce Brennie, representing the applicants, stated this application is a resubmission of the previous application by Mr. Hankey and Ms. Veletkevitch that was withdrawn without prejudice because of time restraints. Attorney Brennie informed the Commission some changes have been made to the previous site plan to address the suggestions of O.C.C. Design Consortium regarding the detention basin. He also requested the application fees be waived since they were paid on the previous application. Motion by T. Galvin, seconded by D. Pomeroy to accept the Application for an 8 Lot Subdivision for property located at 200 Coachlight Circle, to waive the application fees and to set A public hearing was set for November 20, 2002 at 7:15 p.m. Unanimous.
Land Use Inspector's Report: Bill Donovan reported that the Royal Crest North Subdivision is beginning the rough cutting of the road. The car wash facility is going through final inspections and it should be up and running within two to three weeks. Commissioners asked about plantings that were on the site plan for the car wash and Bill stated they have started with the planting. G. Graveline asked if the car wash had any precautions for runoff to abutting neighbors. Bill stated there is a stone swale that parallels the length of the property. Bill also stated there will be a noise barrier erected in the near future. Bill reported there has been no new applications for a sports dome complex. He noted there have been many zoning applications for additions and improvements to existing houses. Bill advised the Commission that he is going to begin the process of updating the Wetland Regulations. The owner of Colonial Landscaping and Irrigation on 41 Platt Drive has stated he is only landscaping his own property and is not running his business out of his home. The Commission asked Bill to check into the traffic issue regarding tractor trailers turning in, and pulling out of, Prospect Carpet. By shutting down the rear driveway at 35 Union City Road, the site plan has been altered and needs to be reviewed by the Commission. The tree cutting business on Plank Road was discussed and the Commissioners asked Bill to contact Carmody & Torrence and begin legal proceedings against the owner. Motion by D. Pomeroy, seconded by G. Graveline to accept the Land Use Inspector's report. Unanimous.
Public Participation: John LaMontagne, 225 New Haven Road, stated he was disappointed with the Commission's decision to deny the continuance of non-conforming commercial use of 24 Straitsville Road. He planned to beautify the property and feels the owner had the right to explore the possibility of selling the property as residential or commercial. Mr. LaMontagne stated he does not feel that exploring the possible sale for residential use should constitute abandoning the non-conforming commercial use for the property.
Motion by A. Havican, seconded by T. Galvin to adjourn at 9:09 p.m. Unanimous.