JULY 2, 2003
Chairman Robert Hiscox called the meeting to order at 7:02 p.m. The meeting was taped. A. Delelle was seated for G. Graveline.
Approval of Minutes: Motion by D. Pomeroy, seconded by T. Galvin to approve the minutes of the June 18, 2003 meeting as presented. Unanimous.
Correspondence: None
Public Participation: Barbara Bragg, 12 Rozum Circle, addressed the Commission regarding problems with noise at the storage facility on Industrial Road. Mrs. Bragg stated that the storage facility seems to be used more as a truck stop and submitted a log of activities for a period of about 3 weeks. Mrs. Bragg stated that the storage facility should be closed and locked at 8:00 p.m. as the sign on the fence indicates. Chairman Hiscox stated that it was the Commission's intention to allow 24-hour access to the facility for the tree cutting business for the occasional emergency. The special permit was issued for "storage". Tom Battiste, owner of the Prospect Storage Facility, stated that there is a lot of activity on Industrial Road that he can't take responsibility for. Mr. Battiste indicated that he has been made aware of some of the noise issues and will work to alleviate the problems.
Public Hearings:
a. Nicholas Mecca, 10 Lombard Drive. Application for a 3-Lot Subdivision - 10 Lombard Drive. This public hearing was continued from June 18, 2003 and opened for the evening at 7:29 p.m. Nicholas Mecca submitted a revised site plan map indicating the changes discussed at the last meeting. The driveway on Lot 3 is now shown as coming out onto Lombard Drive rather than Route 69. The rear property lines now have the required 50-foot setback. Footing drains on lot 2 & 3 are directed to run down their respective property lines and then cross over and into a proposed catch basin which would go under Lombard Drive and then discharge into an existing drainage ditch on the westerly side of Route 69. Comments from Chesprocott Health District were read into the record. There were no comments from the public. Motion by T. Galvin, seconded by D. Pomeroy to close the public hearing for Nicholas Mecca for a 3-lot subdivision at 10 Lombard Drive. Bill Donovan stated that since Lombard Drive is a private road, he didn't see the need for a site development bond. Bill suggested that the record show that when lots 2 & 3 are developed, it is understood that someone other than the Town of Prospect would be responsible for installing the proposed catch basin and bringing it across Lombard Drive as shown on the site plan. The vote on the motion was Unanimous.
b. Chespro, LLC, 230 Sandbank Road, Cheshire, CT. Application for a 3-Lot Subdivision - 278 & 280 Cheshire Road. This public hearing was continued from June 4, 2003 and opened for the evening at 7:37 p.m. Chairman Hiscox read a letter dated July 2, 2003 from David Carson, the applicants' engineer, requesting that the hearing be continued to the next meeting. Chairman Hiscox also read comments from the Town's reviewing engineer regarding this application. There were no comments from the public. The hearing was continued to July 16, 2003 at 7:15 p.m.
c. Luigi Demagistris, 198 New Haven Road. Application for a 2-Lot Re-subdivision. The public hearing was opened at 7:40 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. It was noted that the Planning & Zoning Commission in 1995 had approved this same application, however, because the re-subdivision map was never filed and the time period for filing the approved map has expired, the re-subdivision never became effective. Consequently, Mr. Demagistris is reapplying for approval in order to file the re-subdivision map. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for Luigi Demagistris for a 2-lot re-subdivision at 198 New Haven Road. Unanimous. The Commissioners had no further comments or questions on this application. Motion by T. Galvin, seconded by D. Pomeroy to approve the application for Luigi Demagistris for a 2-lot re-subdivision at 198 New Haven Road as presented. Unanimous.
d. Luigi Demagistris, 198 New Haven Road. Application for a Special Permit for a Site Plan for an Auto Repair Facility. The public hearing was opened at 7:45 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. Chairman Hiscox indicated that this site plan for an auto repair facility was previously approved in 1995 however the time period for the Special Permit has lapsed. Bill Donovan indicated that an oil and water separator would be required as part of the stormwater drainage system. Bill also noted that Mr. Demagistris will have to apply to the Connecticut D.O.T. for a road cut and also get approval from the Zoning Board of Appeals for the location of the repair facility in order to obtain a State license. There were no comments from the public. Motion by A. Havican, seconded by T. Galvin to close the public hearing for Luigi Demagistris for a Special Permit for an auto repair facility at 198 New Haven Road. Unanimous. Bill Donovan will prepare a Draft Resolution of Approval for the next meeting.
New Business:
a. Hank Berberat, 83 Union City Road. Application to Amend Elderly Housing Regulation. Chairman Hiscox read a letter from Hank Berberat regarding a proposed regulation change under Section 311 - Regulations for Elderly Housing in Residential Zones, to allow for a building length of up to 225 feet. The letter also indicated that Stephen Giudice of Harry E. Cole & Son would be presenting the application for Mr. Berberat. Stephen Giudice presented the application stating that a maximum building length of 225 feet would allow for greater design flexibility and more comfortable layouts. Chairman Hiscox asked whether a change in the regulations could be applied to an application that is already being considered by the Commission. Bill Donovan will check with the Town Attorney. The fees for the application were set at $125.00 and $10.00. Motion by T. Galvin, seconded by A. Havican to accept the application for a proposed amendment to the elderly housing regulation to allow for a building length of up to 225 feet and set a public hearing for July 16, 2003 at 7:45 p.m. Unanimous. Chairman Hiscox asked that the applicant consider shifting units to make the current site plan fit the current regulations. D. Pomeroy stated that he wouldn't be comfortable considering an application for a regulation change concurrently with the site plan application for the residential development for elderly persons already being reviewed by the Commission.
Public Hearings:
e. Peter Daddona, 54A Talmadge Hill Road. Application for Renewal of a Special Permit for Paintball Adventure Games. The public hearing was continued from June 4, 2003 and opened for the evening at 8:07 p.m. The applicant was not in attendance and has not returned phone calls made by Bill Donovan. There were no comments from the public. Motion by A. Havican, seconded by T. Galvin to close the public hearing for a renewal of a Special Permit for Paintball Adventure Games. Unanimous. Motion by D. Pomeroy, seconded by T. Galvin to approve the application for renewal of a Special Permit for Paintball Adventure Games. Under discussion, Chairman Hiscox made a recommendation that the application be denied based on the fact that the applicant has not provided sufficient information to the Commission as well as the fact that a public park is now located adjacent to this site. Bill Donovan stated that the applicant never provided a revised and detailed site plan as requested and also noted that the telephone number listed in the phone book for Paint Ball Adventure Games is no longer in service. D. Pomeroy agreed that the application should be denied because the applicant failed to provide a detailed site plan as requested. Bill Donovan further indicated that should this application be denied, the property owner will be notified that there are commercial vehicles on the property that are in violation of the regulations. The motion was denied unanimously based on lack of sufficient information provided by the applicant and the fact that the area has changed by a public park that is now adjacent to this site. Bill Donovan will follow up with Peter Daddona to get the site cleaned up as Mr. Daddona had previously promised.
New Business:
b. Thomas Battiste, 38 Industrial Road. Site Plan Application for an Additional Storage Building. Thomas Battiste presented the application for an additional 3,200 square foot storage building consisting of 16 units. All of the site work is completed in this area. Inland Wetlands approval is not necessary for this additional storage building. The new building will be for storage of commercial vehicles. Discussion was held on the definition of "storage facility" and the possibility of restricting 24-hour access to the facility. The fees were set at $125.00 and $10.00 for this application. Motion by D. Pomeroy, seconded by A. Havican to accept the application for an additional storage building for property located at 38 Industrial Road. Unanimous. Bill Donovan asked the applicant to provide a definition of a storage facility for the next meeting.
Land Use Inspector's Report: Bill Donovan submitted a letter signed by Gene McCarthy, Assistant Director of Public Works and Bill Donovan recommending a release of the site bond for Prospect Self Storage, 38 Industrial Road. Bill indicated that the site work as indicated on the original site plan has been completed. Motion by D. Pomeroy, seconded by A. Havican to release the site bond for Prospect Self Storage, 38 Industrial Road, as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill also submitted a letter recommending a reduction in the site bond for Royal Crest North Subdivision from $268,000.00 to $130,000.00. Motion by T. Galvin, seconded by D. Pomeroy to reduce the site bond for Royal Crest North Subdivision to $130,000.00 as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill has received from HMA, Inc., a packet showing examples of graphics that will be included within the updated regulations as an added feature to make the regulations more "user friendly". Discussion was held on various enforcement issues. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector's Report. Unanimous.
Public Participation: None
Motion by T. Galvin, seconded by D. Pomeroy to adjourn at 9:15 p.m. Unanimous.