April 2, 2003
Chairman Robert Hiscox called the meeting to order at 7:03 p.m. The meeting was taped.
Approval of Minutes: Motion by A. Havican, seconded by G. Graveline to approve the minutes of the March 19, 2003 meeting as presented. Unanimous.
Correspondence:
Motion by D. Pomeroy, seconded by T. Galvin to accept the correspondence. Unanimous. Motion by G. Graveline, seconded by A. Havican to pay the invoice dated March 28, 2003 for HMA, Inc., for Prospect Zoning Regulations Update in the amount of $2,750.00. Unanimous.
Public Participation: None
Old Business:
a. American General Investors, LLC, 62 Waterbury Road. Site Plan Application for a Retail and Office Building. This application was accepted at the March 19, 2003 meeting. Chairman Hiscox read a letter from the Town Engineer, Scott Poryanda of Connecticut Consulting Engineers, stating that Mr. Poryanda is currently working with the applicant’s engineer and that all of Mr. Poryanda’s comments should be addressed prior to the next meeting. There was no discussion on this application.
New Business:
a. Engjell Meka, Old Schoolhouse Road. Special Permit Update for Proposed Elderly Housing. Engjell Meka, the developer under contract to purchase this property, explained to the Commission that he is still fully committed to this proposal, however action from the State on his application for funding for the project probably will not be taken until 2004. Bill Donovan explained that the Commission at this point would need to ask for a new application being that there have been some changes since the original approval, i.e., access to city water. Mr. Meka stated that the State is aware of the change and that he would be concerned that a new application would complicate his application to the State. The Commissioners discussed an additional 1-year extension. D. Pomeroy cautioned that the Commission needed to be consistent in administering the Regulations and noted that the approved site plan was last revised in 1990. The Commissioners agreed that they would like to see the project move forward. Bill Donovan suggested that the file could remain open, but when a formal commitment is received from the State a new updated site plan application must be presented. Chairman Hiscox noted that the applicant has updated the Commission as requested with the last extension. T. Galvin stated that the proposal is in compliance with the Town’s Plan of Development. G. Graveline noted that there have been no changes in the Regulations that would affect the approved Special Permit. Motion by T. Galvin, seconded by G. Graveline to extend for a 1-year period the Special Permit for development and construction of elderly housing for property located at Old Schoolhouse Road with the stipulation that a new site plan application be presented to the Planning & Zoning Commission within the 1-year period. Unanimous.
Public Hearings:
b. Robert Knapp, 585 Park Road Ext., Middlebury, CT. Application for a Proposed 11-Lot Subdivision – 120 Salem Road. The public hearing was opened for the evening at 7:25 p.m. Chairman Hiscox noted that a site walk was held on March 23, 2003. Robert Knapp stated that he is ready to address all of the issues raised by the Town Engineer, however he is waiting for direction from the Planning & Zoning Commission regarding the open space issues before updating the site plan map. G. Graveline stated that when West Ridge Estates Subdivision was proposed there was discussion of extending Rek Lane to Salem Road and asked if there was access to this property from Rek Lane prior to approval of the West Ridge Estates Subdivision. Bill Donovan confirmed that the lot at the end of Rek Lane was a separate lot prior to the West Ridge Estates Subdivision. Bill further stated that from a planning viewpoint, Town Staff considered the extension of the cul-de-sac on Rachel Ann Court to be the better proposal because of limited disturbance to the wetlands and the different neighborhood characteristics between the proposed new homes and the homes on Rek Lane. D. Pomeroy suggested that the Commissioners review previous minutes regarding the discussion of extending Rek Lane to Salem Road when the West Ridge Estates application was presented. The hearing was opened to public comment. Phillip Melchionne asked about access to open space and stated concerns regarding deed restrictions and types of homes in the proposed development. Mr. Melchionne also asked whether consideration would be given to extending Rek Lane to Salem Road. There were no further comments from the public. Chairman Hiscox noted his concern with the number of rear lots being proposed within the subdivision when the Town’s Plan of Development calls for proposing “to adjust land use policies and development standards to influence the build-out potentials downward consistent with environmental conservation concerns and the desired community character.” Chairman Hiscox further stated that he would like to see the number of rear lots decreased and the proposal for open space be more than just the required 50-foot conservation easement requested by the Connecticut Water Company. The Plan of Development also addresses careful consideration when projects are proposed in an acquifer protection area. T. Galvin concurred that he would prefer to see the number of rear lots reduced and a good plan for open space with access. Bill Donovan explained that should the Land Trust decide not to accept the proposed open space, Mr. Knapp could plan a conservation easement restriction on the property in the area of the brook, which would prevent the property owner from doing anything with the property. There would be no public access with a conservation easement. A. Havican stated that he would like to see space near the brook preserved. D. Pomeroy felt that the first priority should be to protect the acquifer area as indicated by the Connecticut Water Company and agreed that eliminating one lot would better conform to the Plan of Development and with the Subdivision Regulations. Mr. Knapp was directed to consider a final proposal for the next meeting, eliminating one of the rear lots that abuts Fulling Mill Brook. Mr. Knapp must also provide open space as required and allow the Prospect Land Trust a first option. Should the Land Trust not accept the open space, the buffer area would be set up as a conservation easement. Mr. Knapp stated for the record that he would grant permission for the Commission to extend the public hearing for another 35 days. The public hearing was continued to April 16, 2003 at 7:15 p.m.
New Business:
b. Peter Daddona d/b/a Paintball Adventure Games, 54A Talmadge Hill Road. Application for Annual Renewal of Special Permit. Peter Daddona presented the application for renewal of the special permit for Paintball Adventure Games. The Special Permit expired February 21, 2003. G. Graveline and D. Pomeroy asked about the shed that had been proposed to eliminate the need for the seasonal canopy and paintball trailer at the site. Chairman Hiscox stated that due to concerns with trailers on the site, reported safety concerns and the fact that Caplan Park will be opening, a public hearing should be scheduled. The Commissioners discussed whether the business should be allowed to operate while the application is under consideration. It was agreed that the business would be allowed to temporarily continue. Mr. Daddona was instructed to present an engineered site plan, including the location of the “speed ball” area, parking and the location of the proposed shed. Motion by T. Galvin, seconded by D. Pomeroy to accept the application for annual renewal of the Special Permit for Paintball Adventure Games, set a public hearing for April 16, 2003 at 7:45 p.m. and allow the business to temporarily continue operating. Unanimous.
c. Shannon Development, 80 Straitsville Road. Application for a Proposed 5-Lot Subdivision. There was no one in attendance to present this application.
d. Linda M. Kelly, Trustee of the G & G Trust, 103 Union City Road. Site Plan Application for Industrial Building Expansion. Chairman Hiscox read a letter dated April 1, 2003 from Linda M. Kelly, Trustee, advising that Gregory Ploski has permission to represent G & G Trust regarding this application. Mr. Ploski reviewed the site plan for a 22’ x 60’ addition to the north end of the existing building and a 25’ x 60’ addition to the south end of the existing building located at 103 Union City Road. There will be no additional tenants, just more space for the existing businesses. Chairman Hiscox commented on the outside storage at this location and asked the applicant to design the addition to the building to look less industrial with some additional landscaping to enhance the property. Mr. Ploski assured the Commission that the proposed changes would “clean up” the property. Bill Donovan asked whether the front expansion would require expanding the paved area closer to the road. Mr. Ploski stated that any additional paved area would be 15’ from the property line. Parking spaces are 9’ x 18’ with one 12’ x 18’ handicapped space proposed. If a new sign is put on the building, Mr. Ploski will check with Bill Donovan. Chesprocott approval has been granted. Motion by G. Graveline, seconded by T. Galvin to accept and approve the site plan application for an addition to the existing building at 103 Union City Road with the stipulation that the extra parking area will drain into the existing on-site storm water system and not discharge directly onto Union City Road. Unanimous.
e. Robert & Darlene Pinto, 30 Union City Road. Application for an Added Use – Propane Filling Facility. Robert Pinto presented the application describing an area at the rear of the building for a 500-gallon propane tank. The tank area would be fenced in. Customers would not be allowed at the tank filling area. Employees will fill the tank and return it to the customer. A propane tank sign will be added to the existing sign post with the overall size not exceeding the allowed 24-square feet. Motion by A. Havican, seconded by D. Pomeroy to accept and approve the application for an added use – propane-filling facility for property located at 30 Union City Road. Unanimous.
Land Use Inspector’s Report: Bill Donovan updated the Commissioners on the proposed Scott Road industrial project indicating that the State is requiring a Phase II Site Investigation to search for archeological or other significant artifacts that need to be preserved prior to any application for State funding. Bill distributed information to the Commissioners indicating that Governor Rowland is proposing to eliminate the Open Space Matching Grants Program and asked the Commissioners to consider contacting our legislators, the Governor or the Lieutenant Governor to oppose the cut. Bill has received an Herbalife Advertising Violation Reporting Form from Herbalife requesting that they be notified of any Herbalife advertisements posted illegally. The public workshop meeting that was originally scheduled for April 30th with HMA, Inc., for discussion on the proposed updates to the Regulations has been rescheduled to May 8, 2003, at 7:00 p.m. HMA has asked that the Commissioners review Woodbury’s Regulations regarding creating a zone to allow excavation on residential property for discussion at the May 8th meeting. Chairman Hiscox also reminded the Commissioners to review the home occupation regulations submitted by Mayor Chatfield at the last meeting. The Commissioners discussed the welding shop at Summit and Plank Road and directed Bill to contact the property owner to begin enforcement procedures for cleaning up the property. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: Linda Henaghan, Platt Drive, asked about the status of the proposed fine ordinance and the proposed subdivision at 80 Straitsville Road.
Motion by A. Havican, seconded by T. Galvin to adjourn at 9:45 p.m. Unanimous.