April 16, 2003
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the April 2, 2003 meeting as presented. Unanimous.
Correspondence:
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Connecticut Water Company, 93 West Main Street, Clinton, CT. Special Permit Application for Construction of a Water Storage Tank - 120 New Haven Road. Craig Patla, Senior Engineer for the Connecticut Water Company, presented the application for construction of a 1.25 million gallon water storage tank to be located in the Putting Green Lane area between Straitsville Road and New Haven Road as part of an overall water improvement plan for the Town of Prospect. The proposed storage tank is a single pedestal shape, 105 feet high. A fence system would surround the tank area. Motion by D. Pomeroy, seconded by G. Graveline to accept the application presented by the Connecticut Water Company for a Special Permit for construction of a water storage tank for property located at 120 New Haven Road and set a public hearing for May 7, 2003 at 7:15.p.m. Unanimous. G. Graveline asked whether this application needs Zoning Board of Appeals approval due to the height of the storage tank. Bill Donovan stated that under "Accessory Uses" in the Regulations a special permit is required for towers that exceed 25 feet in height. Special permits do not require ZBA approval. Bill Donovan asked Mr. Patla to provide any landscaping plans for the public hearing as well.
b. Shannon Development, 80 Straitsville Road. Application for a Proposed 5-Lot Subdivision. Michael Mazzeo, agent for Shannon Construction Company, LLC, presented the application for a 5-lot subdivision. The application is currently under consideration by the Inland Wetlands Commissions. Motion by T. Galvin, seconded by D. Pomeroy to accept the application presented by Shannon Development for a proposed 5-lot subdivision for property located at 80 Straitsville Road and set a public hearing for May 7, 2003 at 7:45 p.m. Unanimous. B. Donovan stated that Land Tech Engineering is reviewing this application on the Town's behalf. R. Hiscox stated that the Town's Plan of Conservation and Development calls for downsizing of development in Town, as well as avoiding rear lots. Noting that the proposed subdivision indicates two rear lots, Chairman Hiscox suggested that the applicant might want to consider other configurations to eliminate one or both of the proposed rear lots.
Public Hearings:
a. 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: 18 p.m. Robert Knapp submitted revised plans highlighting the open space/conservation easement area and an easement area for access to the open space. Chairman Hiscox read a letter dated April 15, 2003 from the Town Engineer and Mr. Knapp responded to the comments. The Commissioners felt that Lot 3 does meet the definition of a rear lot. Bill Donovan addressed the question raised at the previous meeting regarding 120 Salem Road being accessed by extending Rek Lane. Discussion noted in the minutes for the public hearing on the West Ridge Estates subdivision indicates that the developer would have preferred to end Rachel Ann Court where it currently is and make access to any future development of 120 Salem Road by extending Rek Lane to Salem Road. Based on comments made by Town Staff at the time, an easement was granted to the Town of Prospect at the end of Rachel Ann Court to allow the Town the option to extend the cul-de-sac. Bill Donovan also stated that he discussed the proposed open space for the current application with the president of the Prospect Land Trust and believes that the Land Trust will not be accepting the open space. The hearing was opened to public comment. David Rek, part owner of 120 Salem Road, asked whether the Town would ever consider allowing smaller lot sizes if subdivisions are tied into city water. Chairman Hiscox stated smaller lot sizes would not be in conformity with the Town's Plan of Conservation and Development. There were no further comments from the public. Motion by G. Graveline, seconded by T. Galvin to close the public hearing for Robert Knapp for a proposed 10-Lot subdivision for property located at 120 Salem Road. Unanimous.
b. Peter Daddona d/b/a Paintball Adventure Games, 54A Talmadge Hill Road. Application for Annual Renewal of Special Permit. Before the public hearing was opened, Peter Daddona stated that the property owner, Paul Schieffer, has indicated that he is moving forward with development of this property. Consequently, Mr. Daddona is asking that he be allowed to conduct business until May 15, 2003 in order to honor commitments that have been scheduled to date. The public hearing was opened at 8:00 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American and a letter dated April 16, 2003 from Mayor Robert Chatfield regarding concerns with the renewal of this special permit. Chairman Hiscox reiterated that the applicant is requesting an extension of his special permit to May 15th at which time the business will cease to exist. Mr. Daddona explained that he will be removing anything that he has put on the site and address the Mayor's concerns with washouts from the property to Caplan Park. Mr. Daddona confirmed that the property would be cleared and returned to its "natural state" by June 1, 2003. There were no comments from the public. Motion by A. Havican, seconded by G. Graveline to close the public hearing for renewal of the Special Permit for Paint Ball Adventure Games for property located at 54A Talmadge Hill Road. Unanimous. Motion by G. Graveline, seconded by T. Galvin to extend the Special Permit for Paint Ball Adventure Games to May 15, 2003 at which time the business will cease to operate. Unanimous.
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. David Carson of OCC Design Consortium represented the applicant and reviewed the revised site plan with the Commission. A 9,600-square foot retail plaza is being proposed with an additional 3,000 square feet on the second floor. Access is proposed from Route 69 and Scott Road. There is a perimeter access around the building for deliveries and fire protection. A required 20-foot buffer opposite residential zoned property on Scott Road will be enhanced with a 6-foot high stockade fence. Mr. Carson reviewed the proposed drainage system. Chairman Hiscox asked if this property was part of the Route 69 Corridor Improvement Plan. Mr. Carson stated that he was not aware of any concerns with this property included in that plan. Parking is based on 1 space per 300 square feet of office area. D. Pomeroy stated concerns with drainage eventually ending up on the opposite side of Hotchkiss Field on residential properties. G. Graveline stated that he thought a new drainage system had been installed that corrected that problem. Bill Donovan will confirm with Gene McCarthy that the drainage issue has been corrected. Chairman Hiscox read comments received from the Town Engineer and Mr. Carson addressed the comments. The application will be carried on the agenda for the next meeting.
New Business:
c. Maureen K. Perugini, 24 Industrial Road. Site Plan Application for Warehouse-Indoor Storage. Victor Perugini presented the application for an industrial building for storage of construction equipment at 24 Industrial Road. There would be no storage of hazardous materials. Mr. Perugini stated that surface water has not been an issue on the site, but if it became a problem a drainage system could easily be installed. Bill Donovan noted that the plan needs to show where the parking spaces are and a 15-foot access lane around the building for emergency vehicles. A buffer zone between the abutting residential properties and any proposed parking or structure must be indicated as well. Bill also noted that grading in the back might need additional stabilization. Bill will have Gene McCarthy review the site plan. Mr. Perugini stated that lighting would be mounted on the building to avoid disturbance to the abutting residential properties. Mr. Perugini will submit a revised plan for the next meeting.
Land Use Inspector's Report: Bill Donovan sent a letter to Anthony Cocchiola regarding the property on Plank Road asking him to meet with Bill to discuss the violations. The Commission feels the activities on the property extend beyond what is allowed. Bill also reported that he has been called to testify on a lawsuit against the developer of Virginia Estates Subdivision. Peter Sydoriak is challenging the latest Zoning Board of Appeals decision to deny a variance for a triangular piece of property at 77 Morris Road. The Commissioners were reminded to review the draft proposal of the Zoning Regulation changes for the public meeting with Harrall-Michalowski Associates on May 8th. Motion by D. Pomeroy, seconded by T. Galvin to accept the Land Use Inspector's Report. Unanimous.
Public Participation: None
Motion by A. Havican, seconded by G. Graveline to adjourn at 9:35 p.m. Unanimous.