October 2, 2002
Chairman R. Hiscox called the meeting to order at 7:04 p.m. The meeting was taped. Chairman Hiscox seated F. Carpentier for D. Pomeroy.
Approval of Minutes: Motion by T. Galvin, seconded by F. Carpentier to approve the minutes of the September 18, 2002 meeting as amended. Unanimous.
Correspondence:
Motion by T. Galvin, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation:
a. Sue Iwinski, 35 Platt Drive, read a letter signed by twenty Platt Drive residents detailing their objections to the Application to Amend the Current Home Occupation Permit for 27 Platt Drive. The residents of Platt Drive are looking for clarity regarding the upper limits for the number of clients per day, the number of sessions per day, the number of clients per session, the number of clients per car and the total number of car trips per day including those of employees.
b. Tom Place, 32 Brighton Road voiced his objections to the Application for a Home Occupation Permit for a dog daycamp at 22 Brighton Road.
c. Robert A. Gillis, 25 Platt Drive asked the Commissioner to read into record a letter he drafted regarding his objections to the Application to Amend the Current Home Occupation Permit for 27 Platt Drive.
Public Hearings:
a. John LaMontagne, 24 Straitsville Road. Application to Sustain Non-conforming Commercial Status of Property. The public hearing was opened at 7:23 p.m. Chairman Hiscox read into record the Legal Notice as it appeared in the Waterbury Republican. Chairman Hiscox also read into record a letter from Monica and Matthew Ordway stating that they oppose any commercial use of the property at 24 Straitsville Road. John LaMontagne, 225 New Haven Road, presented a letter from Ralph & Delores Wagner appointing him as agent for this application. Mr. LaMontagne stated that he would like to use this property to conduct a business similar to what it has been used for in the past. He also pointed out there is a letter from Chesprocott stating that the property is not suitable to be used for residential purposes and can only be used for commercial businesses. Mr. LaMontagne presented a letter to the Commission from the owner of the property, Ralph Wagner, that Chairman Hiscox read into record telling of the past uses of the property stating the property has always been used for commercial purposes. Mr. Wagner stated that he had material inventory stored in the building until the summer of 2001 and that he still has a few items of equipment stored in the property that he was not able to move out last summer. In his opinion, Mr. Wagner feels this proves he never abandoned his intent to use the property for commercial purposes. The hearing was then opened to the public. Anthony Porto, 12 Straitsville Road, stated that he has been living at 12 Straitsville Road for 3 years and that there has been no business conducted during that period. Mr. Porto is against any commercial use for this property. Elmer Trotman, 17 Straitsville Road, stated he has lived across the street from the property for forty two years and in his opinion the property has been abandoned for years. Richard Beaudoin, 25 Straitsville Road, stated the property has been for sale for the past ten years and that the land is contaminated due to leaking gas tanks that are still in the ground on the property. Joseph Sgro, 36 Straitsville Road, states he has lived in Prospect for seven years and the property has been for sale the entire time. Chairman Hiscox explained that the property is zoned non-conforming residential property with commercial use and the question is does the owner of the property have the right to continue using the property as a non-conforming commercial property. Robert Perugini, 12 Carmel Drive, stated the property has been abandoned for many years, the land is contaminated and he is opposed to the Commissions use of "spot zoning" in residential areas which he feels is hindering the growth of our residential population. Michael Trotman, 17 Straitsville Road, states the property has been listed for sale as residential or commercial and asked if that fact proves there was an intent for him to abandoned the non-conforming commercial use. There were no further comments from the public. Chairman Hiscox asked Bill Donovan to check into the allegations that the property is contaminated. The public hearing was continued to October 16, 2002 at 7:30 p.m.
Old Business:
a. Glen & Nancy Robinson, 118 Waterbury Road. Application for Change of Zone from Residential to Commercial. The Commission decided to hold discussion and voting pertaining to this application until October 16, 2002.
b. Kathleen Christiano, 27 Platt Drive. Application to Amend Current Home Occupation Permit. Chairman Hiscox read into record a letter from Florence and Larry Hanson, 32 Platt Drive regarding additional traffic problems, alleged permit violations and their request for the Commission not to amend the application until one full year has passed and the application be reconsidered at that time. The Commissioners discussed the allegations made by the public. Chairman Hiscox stated he has received numerous phone calls from neighbors stating they have documented various violations regarding hours of operations. Chairman Hiscox also asked Bill Donovan to monitor the allegations of hours in which the applicant is operating her home occupation. Motion by T. Galvin, seconded by F. Carpentier to deny the application to Amend Current Home Occupation Permit for 27 Platt Drive. Unanimous. The reasons the Commission denied the application are the ongoing concerns from neighbors, the current permit has not had adequate time to be evaluated, and that no hardship will be placed on the business by denying the application for amendment. The current permit will be in effect until June, 2003 at which time it will be reviewed.
c. John & Eileen Himmelberger, 22 Brighton Road. Application for a Home Occupation Permit - Dog Daycamp. The Chairman read into record a letter from the State of Connecticut regarding State Regulations for the operation of pet facilities. Chairman Hiscox read into record a letter from Barbara & Thomas Place, 32 Brighton Road, stating their objection to the application based on a medical condition which requires Mr. Place to sleep at various times of the day. Motion by T. Galvin, seconded by F. Carpentier to deny the application for a Home Occupation Permit - Dog Daycamp. Unanimous. The reason the Commission denied the application is a portion of this business is deemed to be evident outside of the home which is in violation of the Regulations.
d. O & G Industries, Inc., 147 Spring Road. Application to Amend the Zoning Regulations, Section 420.12. A public hearing is scheduled for October 16, 2002 at 7:15 p.m. There was no discussion.
New Business:
a. JNJ Realty, 97 Waterbury Road. Update on Car Wash Facility. Jeffrey Slapikas, representing JNJ Realty, told the Commission he expects to have a Certificate of Occupancy within two weeks, the asphalt is scheduled to be going down on October 3, 2002 and asked for their suggestions regarding the type of exterior road sign they would be allowed to put up for the Car Wash Facility. Don D'Agostino will be opening the business under the name Personal Touch Car Wash and Lube Center. Mr. Slapikas showed two different signs to the Commissioners and they told him which one they would prefer. The sign will only be illuminated during the hours of operation which are 8:00 a.m. to 6:00 p.m.
b. CRT Realty, Royal Crest North. Amendment to Site Plan. Chairman Hiscox read into record a letter asking to make an adjustment to the way power is supplied to the Royal Crest North subdivision. CRT Realty is asking, per the suggestion of Connecticut Light & Power Co., to keep the overhead power supply from Summit Road to the corner of Lot 5 Royal Crest Drive, at which point the power would go underground for the remainder of the subdivision. Bill Donovan stated the matter has been discussed with Gene McCarthy and Mr. McCarthy gave the same recommendation as C L & P. Motion by T. Galvin, seconded by A. Havican to approve a request by CRT Realty to amend the site plan for Royal Crest North to run the power lines overhead. Unanimous. The reason for the approval to amend the site plan is due to the recommendation of Gene McCarthy because of the unique physical characteristics of the drainage and road layout.
Land Use Inspector's Report: Bill Donovan made a suggestion to the Commission for when they are making revisions to the Zoning Regulations that they make a provision for how to handle archeological discoveries during construction. Bill will get a model regulation for the Commissioners to add to the list to be discussed with HMA, Inc. Chairman Hiscox asked Bill if the owner of Prospect Pools has a Home Occupation Permit on Nancy Mae Avenue. Bill stated he does not have a permit and has stated that he will have the problem resolved by the end of the calendar year. Bill has also contacted the owners of the junk vehicles and owners of the commercial tree businesses who are parking vehicles on their residential properties that they are in violation of the Regulations. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector's report. Unanimous.
Public Participation:
a. Jeffrey Slapikas commended the Commissioners on the way they are handling the revisions for the Regulations by inviting the public to express their opinions and concerns regarding the revisions. He suggested the Commissioners look into the Regulations for corner lot set backs.
b. Francis Ariola, 21 Platt Drive, asked if Colonial Landscaping and Irrigation on 41 Platt Drive has a home occupation permit. Bill stated they do not hold a permit for a home occupation. Mr. Ariola alleged the owner of the business is parking commercial vehicles on the residential property. The Commission asked Bill Donovan to check into the allegation.
Motion by A. Havican, seconded by T. Galvin to adjourn at 9:20 p.m. Unanimous.