Planning & Zoning

JULY 16, 2003

Board Members Present: Robert Hiscox, Donald Pomeroy, Thomas Galvin
Alternates Present: None
Others Present: Bill Donovan - Land Use Inspector
Members Absent: Gil Graveline, Alan Havican, Francis Carpentier (Alt.), Anthony Parrella (Alt.), Alexander Delelle (Alt.)

Chairman Robert Hiscox called the meeting to order at 7:05 p.m. The meeting was taped.

Approval of Minutes: Motion by T. Galvin, seconded by D. Pomeroy to approve the minutes of the July 2, 2003 meeting as presented. Unanimous.

Correspondence:

  1. Letter dated July 11, 2003 from Carmody & Torrance re: Site Improvement Bond - Fulling Mill Ridge Subdivision.
  2. Letter dated July 9, 2003 from Carmody & Torrance re: Reduction in Site Development Bond - Royal Crest North Subdivision.
  3. American Institute of Certified Planners - Managers Planning Guide to Improving the Development System.
  4. Connecticut N.E.M.O. Newsletter - Spring 2003.

Motion by D. Pomeroy, seconded by T. Galvin to accept the correspondence. Unanimous.

Public Participation: Anthony Dorso, Scott Road, asked the Commission for direction on how to correct an illegal subdivision of a parcel of land he recently purchased at 20 Peter Gilkey Road. Chairman Hiscox indicated that Mr. Dorso should work with Bill Donovan to prepare a subdivision application for the next Planning & Zoning meeting.

Public Hearings:

a. Chespro, LLC, 230 Sandbank Road, Cheshire, CT. Application for a 3-Lot Subdivision - 278 & 280 Cheshire Road. The public hearing was continued from June 4, 2003 and opened for the evening at 7:18 p.m. Chairman Hiscox read a letter dated July 10, 2003 from the applicant's engineer, David Carson of OCC Design Consortium, giving formal notification of the withdrawal of this application. The public hearing was closed and the application was withdrawn.

Old Business:

a. Nicholas Mecca, 10 Lombard Drive. Application for a 3-Lot Subdivision - 10 Lombard Drive. The public hearing for this application was closed on July 2, 2003. The Commissioners reviewed the Draft Resolution of Approval as prepared by Bill Donovan. Chairman Hiscox suggested that a small bond be required to ensure proper installation of the proposed yard drain and connecting drainage piping. The Commissioners agreed that a bond should be required in the amount of $10,000.00. Motion by D. Pomeroy, seconded by T. Galvin to approve the Draft Resolution of Approval for Nicholas Mecca, 10 Lombard Drive, for a 3-Lot Subdivision, with an amendment to require a site development bond in the amount of $10,000.00 to install a common yard drain and drainage pipe across Lombard Drive to accommodate footing/roof drain connections for lots 2 & 3. Unanimous.

b. Luigi Demagistris, 198 New Haven Road. Application for a Special Permit for a Site Plan for an Auto Repair Facility. The public hearing for this application was closed on July 2, 2003. The Commissioners reviewed the Draft Resolution of Approval as prepared by Bill Donovan. Motion by T. Galvin, seconded by D. Pomeroy to approve the Draft Resolution of Approval for a Special Permit for an Auto Repair Facility at 198 New Haven Road, noting that the project complies with the criteria set forth under Section 540.8 of the Regulations and is in the highest and best use of the property. Unanimous. Chairman Hiscox read a letter dated July 16, 2003 from Bill Donovan recommending a site improvement bond of $35,000.00 for this Special Permit application. Motion by T. Galvin, seconded by D. Pomeroy to set the site development bond for the auto repair facility at 198 New Haven Road in the amount of $35,000.00 as recommended by Bill Donovan. Unanimous.

New Business:

a. Prospect Board of Recreation, 36 Center Street. Site Plan Application for Volleyball Courts & Skating Rink - Hotchkiss Field. Assistant Director of Public Works, Gene McCarthy, presented a site plan for two volleyball courts and an ice skating rink with an additional entrance to Hotchkiss Field to be located to the north of the Hotchkiss House on Route 69. An additional parking area consisting of 24 parking spaces is being proposed also. Mr. McCarthy explained that a new building with a septic system is being constructed by the end of the summer in the area where the volleyball court is currently located. The new building will have restrooms and storage space.
Mr. McCarthy also stated that the area on this site plan for the two volleyball courts is the same area that was proposed on the original plan for the park. The only addition is the ice skating rink. The skating rink will be asphalt with a 4" curb around it. There are no current plans for summer usage of the skating rink. Mr. McCarthy stated that there would be no significant change in stormwater drainage. Chairman Hiscox asked if a copy of the map for the layout of the entire field was available. Mr. McCarthy indicated that as far as he knew there was no map available showing the entire layout of Hotchkiss Field. Bill Donovan will check with Mayor Chatfield and the Board of Recreation to see if a map of the entire layout is available. Motion by D. Pomeroy, seconded by T. Galvin to accept the application from the Town of Prospect for a site revision for Hotchkiss Field. Unanimous.

Public Hearings:

b. Tesco Rentals, LLC, 151 & 155 Union City Road. Application for a Special Permit for a Residential Development for Elderly Persons. The public hearing was continued from June 18, 2003 and opened for the evening at 7:38 p.m. Attorney Edward Fitzpatrick, representing the applicant, distributed a reduced picture of the overall design of the proposed development. Attorney Fitzpatrick and Steve Guidice, engineer for the project, reviewed the changes made to the buildings in order to comply with the maximum building length of 150 feet. The number of units has been reduced to 35. An emergency parking space has been added next to the handicapped parking space. Sidewalks and the walking trail are now indicated on the plan. Inland Wetlands approval has not yet been received. There are no 3-bedroom units being proposed at this time. Mr. Guidice stated that there is a fenced dumpster area near the community building, however individual curbside pickup is being proposed for the dwelling units. There are currently no plans for a storage building. It is anticipated that maintenance of the site would be subcontracted to private firms. Proposed exterior lighting will consist of colonial lampposts placed 150 feet apart per the Regulations. Utilities are underground. A sewer agreement with the Town of Naugatuck is still being negotiated. Chairman Hiscox stated that comments from Land-Tech Consultants, Inc., the Town's reviewing engineer, would be on file in the land use office. The public was invited to comment. Mary McCormack, 7 Straitsville Road, asked for clarification on the breakdown and design of the building units. Architect Tom Arcary reviewed the proposed floor plans. Mrs. McCormack also raised concerns about the definition of "age-restricted". Mr. Cappella, 139 Summit Road, and Martha Goletz, Talmadge Hill Road, stated their concern that this development would not meet the needs of senior citizens looking for affordable housing and downsizing from a single-family home. Chairman Hiscox commented that the Commission recognizes that this development will not meet all of the requirements of seniors seeking new housing, but it is a beginning towards achieving that goal. Anthony Dorso, Scott Road, asked what the difference was between a condominium development and the age-restricted housing development. There were no further comments from the public. Bill Donovan asked Mr. Guidice to review the open space areas in and around the units. D Pomeroy questioned the future use of the existing gravel drive at the westerly corner of the property. Mr. Guidice indicated that the accessway would be stabilized and used only for maintenance of the pump station. Motion by D. Pomeroy, seconded by T. Galvin to close the public hearing for the application for a Special Permit for a Residential Development for Elderly Persons. Unanimous.

c. Henry Berberat, 83 Union City Road. Application to Amend Elderly Housing Regulation. The public hearing was opened at 8:25 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. A letter received from Henry Berberat dated July 15, 2003 was read into the record indicating that Mr. Berberat wishes to withdraw this application. The public hearing was closed and the application was withdrawn.

Old Business:

c. Thomas Battiste, 38 Industrial Road. Site Plan Application for an Additional Storage Building. Attorney Edward Fitzpatrick, representing the applicant, stated that Mr. Battiste has had the security gate reprogrammed to eliminate access to the storage buildings between the hours of 10:00 p.m. and 5:00 a.m. with the exception of the tree service currently renting space. The access code will only be provided to customers whose business activities might require 24-hour access to equipment or vehicles. Attorney Fitzpatrick commented that Mr. Battiste has always responded to any concerns raised that deal with the storage facility, but he shouldn't be held accountable for all of the neighborhood noise. Attorney Fitzpatrick further commented that the facility is rightfully located in an Industrial Park. The site plan is designed to keep the "home storage" facilities to the easterly side of the site and the "industrial storage" to the westerly side. Mr. Battiste stated he was advised that access to the storage facility until 10:00 p.m. coincides with Prospect's noise ordinance. Chairman Hiscox suggested that the Resolution of Approval be amended to include that no access will be allowed to the facility between the hours of 10:00 p.m. and 5:00 a.m. with the exception of the clients on the westerly side of the property whose business activities might require 24-hour access to equipment or vehicles. Motion by T. Galvin, seconded by D. Pomeroy to approve the application for an amendment to the site plan for the self-storage facility at 38 Industrial Road to allow for an additional storage building and stipulate that access to the facility between 10:00 p.m. and 5:00 a.m. will be allowed only to customers whose business activities might require 24-hour access. Unanimous.

Land Use Inspector's Report: Bill Donovan stated that the driveway was being paved at the Christiano property on Platt Drive. Bill raised a concern with the Town's ordinance regarding the issuance of vendor's permits. Bill stated he would like to have the ordinance require some type of approval from the Planning & Zoning Commission or the Land Use Office because of issues with parking and signage. A copy of the ordinance regarding vendor permits will be made available for the next meeting. Motion by T. Galvin, seconded by D. Pomeroy to accept the Land Use Inspector's Report. Unanimous.

Public Participation: None

Motion by D. Pomeroy, seconded by T. Galvin to adjourn at 9:05 p.m. Unanimous.

Robert Hiscox
Chairman