February 19, 2003
Vice Chairman Gil Graveline called the meeting to order at 7:03 p.m. The meeting was taped.
Approval of Minutes: Motion by T. Galvin, seconded by A. Havican to approve the minutes of the February 5, 2003 meeting as presented. Unanimous.
Correspondence:
Motion by A. Delelle, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Victoria & Mark Lorusso, 111 Waterbury Road. Application for a Zone Change from Industrial to General Commercial. Mr. & Mrs. Lorusso presented the application for change of zone for parcels 111 & 159B Waterbury Road, known as 111 Waterbury Road, explaining that their property is bordered on one side by commercial property and on the other by an industrial zoned parcel. There is currently a single-family residence on the property. Motion by T. Galvin, seconded by A. Havican to accept the application for a change of zone at 111 Waterbury Road and set a public hearing for March 5, 2003 at 7:15 p.m. Unanimous.
Public Hearings:
a. Addona Catering, 72-74 Waterbury Road. Application for a Special Permit for a Banquet Facility. This public hearing was continued from February 5, 2003 and opened for the evening at 7:15 p.m. Vice Chairman G. Graveline read a letter dated February 14, 2003 from Chesprocott Health District granting approval for the proposed use of up to 150 meals with conditions. Vice Chairman G. Graveline also read a statement of use letter dated February 10, 2003 from Corrado Addona describing an overview of the proposed facility and a letter dated January 22, 2003 from William Scarpati, Prospect Building Inspector, stating that this use will be feasible for the site. Mario Addona stated that he would like to leave the possibility of off-site catering open for the future. Bill Donovan suggested that since off-site catering will not currently be a part of their business, Mr. Addona could come back to the Commission for an amendment to the Special Permit at a later time. The hearing was opened to comments from the public. Kolleen Gillis, 25 Platt Drive, questioned whether 58 parking spaces were enough to accommodate parties of up to 150 meals. Vincent Lorusso, owner of 72-74 Waterbury Road, indicated that the 58 parking spaces is above the parking requirements of the Town and that an additional 10 parking spaces would be available at an abutting property he owns on nights and weekends when most of the parties will be held. There were no further comments from the public. Bill Donovan questioned why the parking area in the back of the building would remain unpaved. Mr. Lorusso explained that they did not want to exceed the allowed percentage of bituminous pavement area. Mr. Lorusso further stated that he would consider additional paving if the Commissioners felt it was necessary. Motion by T. Galvin, seconded by A. Delelle to close the public hearing for a banquet facility at 72-74 Waterbury Road. Unanimous. The hearing was closed at 7:29 p.m.
The Commissioners reviewed a Draft Resolution of Approval as prepared by Bill Donovan. Motion by T. Galvin, seconded by A. Delelle to approve the Draft Resolution of Approval as presented for a Banquet Facility at 72-74 Waterbury Road as the project complies with the criteria set forth under Section 540.8 of the Prospect Zoning Regulations. Unanimous.
b. Trident Equity Associates, 104 Waterbury Road. Application for a Special Permit for a Consignment Shop/Second Hand Store. This application was accepted at the February 5, 2003 meeting. The public hearing was opened at 7:35 p.m. Vice Chairman G. Graveline read the legal notice as it appeared in the Waterbury Republican American. Domenick Mirabelle of Trident Equity Associates described the proposal for a consignment shop to occupy approximately 1,200 square feet at the front section of the existing building at 104 Waterbury Road. Mary Ellen Fernandez, owner of the consignment business, is anticipating the hours of operation to be Wednesday through Sunday, from 9:00 a.m. to 7:00 p.m. Items for sale would be used goods such as clothing, household furniture and appliances. The Commissioners discussed the size and type of appliances that would be sold. Ms. Fernandez indicated that there would be no outdoor storage of any of the items for sale, however she would occasionally like to display small items out front during regular business hours. Items may occasionally need to be delivered or dropped off with a pickup truck. No food or beverages would be sold. A sign will be placed on the building as well as on the existing signpost on the property. The hearing was opened to public comment. Sherman Benson, 8 Oak Lane, was concerned that the property would turn into a junkyard. Ms. Fernandez stated that she will not be running a flea market and there would be no outside storage of items for sale. Gladys Benson, 8 Oak Lane, asked whether there were any plans for the existing residential home on the property. Mr. Mirabelle stated that there are no plans involving the residence at this time. There were no further comments from the public. Motion by T. Galvin, seconded by A. Havican to close the public hearing for a consignment shop at 104 Waterbury Road. Unanimous. The public hearing was closed at 7:50 p.m. [See Page 3].
New Business:
b. Robert Knapp, 585 Park Road Ext., Middlebury, CT. Application for a Proposed 11-Lot Subdivision - 120 Salem Road. Vice Chairman G. Graveline read a letter from the owners of 120 Salem Road giving permission for Robert Knapp to submit proposed subdivision plans for their property. Mr. Knapp submitted a subdivision map entitled "Subdivision Plan - Fulling Mill Ridge, Rachel Ann Court & Salem Road, Prospect, Connecticut, prepared for Robert Knapp" dated February 12, 2003 for the Commissioners to review. The proposal is for an 11-lot subdivision of a 16.3-acre parcel at 120 Salem Road. One of the 11 lots will be accessed from Salem Road. The remaining 10 lots will be accessed by extending the roadway at the end of Rachel Ann Court. Mr. Knapp will be submitting an application to the Inland Wetlands Commission next week. Motion by T. Galvin, seconded by A. Havican to accept the application for an 11-lot subdivision at 120 Salem Road and set a public hearing for March 5, 2003 at 7:30 p.m. Unanimous.
Old Business:
a. Hank Berberat, 83 Union City Road. Application to Amend Section 311 of the Zoning Regulations - Regulations for Elderly Housing in Residential Zones. The public hearing on this application was closed at the February 5, 2003 meeting. There was no discussion on this application.
b. Town Attorney Response Regarding Enforcement. Vice Chairman G. Graveline read a note dated February 19, 2003 from Attorney Jennifer Sills indicating that she would prepare a written response for the Planning & Zoning Commission's March meeting regarding the issue of unsightly material at 27 Platt Drive.
Zoning Regulation Revisions: A handout of discussion items for zoning regulation revisions titled "Memorandum #2: Definitions, Uses by District & Site Plan Approval Requirements" prepared by HMA, Inc., was distributed to the Commissioners. Richard Harrall and Tom Kreykus of HMA, Inc., were in attendance. As the Commissioners currently have an application for a revision to the Regulations for Elderly Housing in Residential Zones, Mr. Harrall recommended that the Planning & Zoning Commission consider the following: Revise the Regulations for elderly housing by adding a separate section for "55 and over" and keeping the existing elderly housing regulations as they were originally intended, i.e. to address the needs of elderly on a limited income, assuming some type of subsidy would be received to keep the units affordable. Mr. Harrall submitted a copy of the Town of Cheshire's Regulations concerning Elderly Housing which segregates the various types of elderly housing that may be developed. Tom Kreykus reviewed the three sections of the handout with the Commissioners, indicating additions and deletions to current definitions, site plan approval requirements and reorganizing the "Uses by District - Land Use Classification Table". Dominic Moschella, Chairman of the Zoning Board of Appeals, discussed a concern with the definition of a "shed" versus a "garage" versus a "utility building" and asked whether the revisions to the Regulations could give more clarification of such accessory buildings. Mr. Krekus reviewed the Land Use Classification Table stating that it would allow the Commission more flexibility to approve uses that have similar characteristics without having to amend the Regulations. HMA's recommendation would be to reorganize Section 300 of the existing Regulations to group certain land uses, particularly those related to retail and professional offices. Discussion was held on how to address "Drive-thru" establishments in the Regulations. Bill Donovan indicated that Ken Faroni of O & G Industries was in the audience and would like to address the Commission regarding a concern with the Regulation revisions. Mr. Faroni stated that he submitted a letter to the Planning & Zoning Commission explaining O & G's hopes to start a dialogue with the Town and it's consultant as to how earth excavation should be regulated in the future. The current Regulations require a special permit for earth excavation and restrict the activity to the existing quarry and commercial and industrial zoned districts only. O & G Industries is requesting that with the current zoning regulation review process, an effort be made to study the possibility of allowing earth removal in residential zones. Vice Chairman G. Graveline acknowledged that the Commission had received a letter from Ken Faroni regarding O & G Industries concerns as stated. G. Graveline also noted that at one time earth excavation had been allowed in all zones by special permit. Mr. Kreykus suggested that the Commissioners review Section 3 of the handout, "Site Plan Approval Requirements" to ensure that the recommendations meet the standards that are expected of applicants. The revisions in this section are designed to give the Commission more information for making decisions. The next meeting with HMA, Inc., was set for March 19, 2003 at 8:00 p.m. Mr. Harrall suggested that the next meeting address the excavation issues raised this evening and also what would be allowed within the specific districts. Bill Donovan asked whether we should adopt "Best Management Practices" as part of our Regulations. Mr. Harrall indicated that in making the suggested revisions for site plans, features of a site plan review incorporate "Best Management Practices" within the Regulations.
Trident Equity Associates, 104 Waterbury Road. Application for a Special Permit for a Consignment Shop/Second Hand Store. Vice Chairman G. Graveline read aloud a Draft Resolution of Approval for this application as prepared by Bill Donovan. Item #6 was revised to read "No outside display of items for sale is permitted." Item #7 was revised to list the normal business hours as "Wednesday thru Sunday, 9:00 a.m. to 6:00 p.m." Motion by T. Galvin, seconded by A. Havican to approve the Draft Resolution of Approval as amended for a Consignment Shop/Second Hand Store at 104 Waterbury Road as the project complies with the criteria set forth under Section 540.8 of the Prospect Zoning Regulations. Unanimous.
Land Use Inspector's Report: Bill Donovan stated that Virginia Mason (Council of Governments) and a representative from NEMO (Nonpoint Education for Municipal Officials) will be giving a required presentation on impervious surfaces at the March 5th meeting of Planning & Zoning. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector's Report. Unanimous.
Public Participation: None
Motion by A. Havican, seconded by T. Galvin to adjourn at 9:50 p.m. Unanimous.