September 18, 2002
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Chairman Hiscox seated A. Delelle for A. Havican.
Approval of Minutes: Motion by T. Galvin, seconded by D. Pomeroy to approve the minutes of the September 4, 2002 meeting as amended. Unanimous.
Correspondence:
Motion by T. Galvin, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation: None
Old Business:
a. Thomas Battiste, 38 Industrial Road. Site Plan Application - Storage Facilities. Scott Meyers of Meyers Associates, P.C., representing the applicant, submitted a revised site plan map showing the location of Rockridge Terrace, additional parking spaces and Chesprocott approval as requested at the previous meeting. B. Donovan asked Mr. Meyers to review the drainage for the Commissioners. B. Donovan also questioned the applicant regarding lighting on the storage facilities and whether the storage facilities are accessible 24 hours a day. Bill has received a complaint from a resident on Rozum Circle regarding the number of lights on the existing storage facilities as well as a back up alarm sounding on commercial vehicles at the facility late at night. Tom Battiste stated that the elevation of this property would hinder how much of the lighting would be seen by neighbors. It was noted that the lighting, which would be similar to the existing buildings, needed to be added to the site plan map. Due to an error by the Waterbury Republican American stating there would be a public hearing on this application, Chairman Hiscox allowed comments from Rozum Circle residents in attendance. Edward Furtado, 4 Rozum Circle, asked if lighting could be downsized at the storage facility because it lights up his yard. Barbara Bragg, 12 Rozum Circle, asked if there was some way to regulate the hours that vehicles are allowed at the facility so that commercial vehicles and motorcycles would not disturb the residents on her street at all hours of the night. Tom Battiste indicated that he would work with the neighbors to try to adjust the lighting on the existing buildings and again stated that he does not believe the lighting for this application will be an issue with the Rozum Circle residents due to the elevation of the land. Mr. Battiste also indicated that the commercial vehicles being stored at the facility, for the most part, are operated within normal business hours, however, an occasional emergency may cause the commercial vehicles to be brought to the facility during the night. Motion by G. Graveline, seconded by T. Galvin to approve the site plan application as amended to include lighting for storage facilities at 38 Industrial Road. Unanimous. Chairman Hiscox asked Bill Donovan to convey any additional concerns received from the residents on Rozum Circle to Mr. Battiste.
Public Hearings:
a. Glen & Nancy Robinson, 118 Waterbury Road. Application for Change of Zone from Residential to Commercial. The public hearing was opened at 7:20 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. George Pavlik of Pavlik Real Estate represented the applicant. Bill Donovan indicated where the property was located in relation to parcels of the same zone in the area. Mr. Pavlik explained that this property had previously been zoned commercial in the early 1980's and was uncertain why it was changed to residential. Mr. Pavlik indicated that the Town's Plan of Conservation and Development designates this area of Route 69 to be a primary location for commercial development. B. Donovan indicated that the parking area for any future proposed commercial business on this site could be hindered due to the size of the lot. The Commissioners reviewed the size of the lot with Mr. Pavlik. D. Pomeroy stated that he would like to review the records of a previous application submitted by an abutting owner to this property who had been denied a zone change from residential to commercial. Chairman Hiscox asked B. Donovan to provide the Commissioners with a copy of the minutes for that particular application at the next meeting. There were no comments from the public. Motion by D. Pomeroy, seconded by T. Galvin to close the public hearing for a zone change from residential to general commercial for property located at 118 Waterbury Road. Unanimous.
b. Edward J. Hankey & Jane Valetkevitch, 189 Straitsville Road. Application for an 8-Lot Subdivision for Property Located at 200 Coachlight Circle. The public hearing was opened at 7:35 p.m. Chairman Hiscox read a letter dated September 18, 2002 from Stephen Giudice of Harry E. Cole & Son requesting that the Commission grant a withdrawal of this application without prejudice and consider waiving future fees for re-submittal at a later date. The application was withdrawn and Chairman Hiscox indicated that consideration of waiving future fees would be discussed at the time of re-submittal.
Old Business:
b. 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. Kathleen Christiano, 27 Platt Drive. Application to Amend Current Home Occupation Permit. Kathleen Christiano submitted an application to amend Item #6 of her current Resolution of Approval stating that she would like more flexibility to accommodate her clients based on their individual needs for therapy. Mrs. Christiano explained that she would like to be allowed more flexibility in the number of sessions per day when scheduling 1-hour sessions, 75-minute sessions or 90-minute sessions, while not exceeding the 2 clients per session/8-clients per day maximum stipulated on her current permit. Mrs. Christiano stated she would not be expanding the size of her business or increasing the number of vehicles per day. Motion by D. Pomeroy, seconded by T. Galvin to accept the application for an amendment to a current home occupation permit at 27 Platt Drive. Unanimous. Chairman Hiscox instructed B. Donovan to draft new wording for Item #6 on the Resolution of Approval for review at the next meeting.
b. John LaMontagne, 24 Straitsville Road. Application to Sustain Non-conforming Commercial Status of Property. Prior to the presentation of this application, the Commissioners reviewed with Bill Donovan Section 230.6 of the Regulations - Discontinuance of Nonconforming Use and Section 8-2 of the Connecticut State Statutes. John LaMontagne submitted a letter from the property owner of 24 Straitsville Road, Ralph Wagner, authorizing LaMontagne Construction to apply for permission to occupy this property for business purposes. The Commissioners felt that there was intent on behalf of the owner to allow Mr. LaMontagne to represent the owner in presenting the application. Mr. LaMontagne would submit a letter specifying he is acting as agent for Mr. Wagner in this application at the next meeting. Mr. LaMontagne explained to the Commissioners that he is seeking to relocate his business to 24 Straitsville Road. Since there has been no business activity on this property in recent years, Mr. LaMontagne needs Planning & Zoning approval to be allowed to sustain the nonconforming status at this location. Referring to Section 230.6 of the Regulations previously reviewed, Bill Donovan read from Section 8-2 of the Connecticut State Statutes that "Such regulations shall not prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations. Such regulations shall not provide for the termination of any nonconforming use solely as a result of nonuse for a specified period of time without regard to the intent of the property owner to maintain that use." Bill explained that the applicant must show that there was never an intent to abandon the nonconforming use of the property. Motion by G. Graveline, seconded by T. Galvin to accept the application to sustain a nonconforming commercial status for property located at 24 Straitsville Road and set a public hearing for October 2, 2002 at 7:15 p.m. Unanimous.
c. John & Eileen Himmelberger, 22 Brighton Road. Application for a Home Occupation Permit - Dog Daycamp. Mr. & Mrs. Himmelberger presented the application to the Commission explaining that Mrs. Himmelberger, a.k.a. Eileen Branigan, would like to provide socialization and exercise for dogs usually left alone all day while their owners are at work. She is requesting that she be allowed up to 4 dogs per day, 2 days per week between the hours of 7:00 a.m. and 7:00 p.m. The dogs would be kept solely on this property and leashed at all times when taken outdoors. The Commissioners suggested that the Himmelbergers look into State Regulations to see if additional requirements need to be met. Motion by D. Pomeroy, seconded by T. Galvin to accept the application for a home occupation permit at 22 Brighton Road for a Dog Daycamp. Unanimous. Bill Donovan will draft a Resolution of Approval for the next meeting.
d. Harrall-Michalowski Associates, Inc. - Zoning Regulations Revisions. Chairman Hiscox stated his desire to reformat the Zoning Regulations to make them more "user friendly" and clarify areas that are currently vague. Dick Harrall and Tom Kreykus of HMA, Inc., reviewed drafts of a new table of contents and definitions which were sent to the Commissioners, as well as an example of categorizing regulations in specific sections rather than scattering in different sections. The Commissioners discussed specific areas in the Regulations that should be reviewed. (See Attached). Mr. Harrall suggested that the Economic Development Commission be invited to attend the next scheduled meeting for discussions on the Regulation revisions. Discussion of the Regulation revisions will be scheduled for the October 16, 2002 Planning & Zoning meeting and the Economic Development Commission will be invited to attend. An open forum for the general public will be scheduled for the November 6, 2002 Planning & Zoning meeting. *[See Note Below]
Land Use Inspector's Report: Bill Donovan submitted a letter from Crumb Realty, LLC, requesting a bond release for 129 Union City Road (Grandma's Place). Bill stated that he and Gene McCarthy, Assistant Director of Public Works agreed that the site development bond for this project could be released. Motion by G. Graveline, seconded by T. Galvin to release the bond for 129 Union City Road as requested by Jack Crumb, Crumb Realty, LLC. Unanimous. Bill suggested to the Commissioners that the Planning & Zoning Clerk be compensated in addition to the regular fee for meetings conducted with HMA, Inc., during the Regulation revision process. The Commissioners agreed. Motion by T. Galvin, seconded by G. Graveline to accept the Land Use Inspector's report. Unanimous.
Public Participation: None
Motion by T. Galvin, seconded by D. Pomeroy to adjourn at 10:05 p.m. Unanimous.
*Note: During a phone conversation between Bill Donovan & Dick Harrall of HMA, Inc., on 9/20/02, Mr. Harrall suggested one meeting on Nov. 6th with the Chamber of Commerce, Economic Development and the Public, noting that the Commission could try to keep any other business for that evening to a minimum.