Planning & Zoning

June 18, 2003

Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Donald Pomeroy, Thomas Galvin
Alternates Present: Francis Carpentier, Alexander Delelle
Others Present: Bill Donovan - Land Use Inspector
Members Absent: Anthony Parrella (Alt.)

Chairman Robert Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.

Approval of Minutes: Motion by T. Galvin, seconded by A. Havican to approve the minutes of the June 4, 2003 meeting as presented. Unanimous.

Correspondence:

  1. Letter dated June 18, 2003 from Kathleen A. Christiano, LMT, 27 Platt Drive, re: Driveway and Shed Construction.
  2. Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter - Spring 2003.
  3. Memo #060503(7b) from Council of Governments Central Naugatuck Valley re: Federal Fiscal Year 2002 Obligated or Grant Projects.
  4. Letter from Anonymous Platt Drive Resident dated June 15, 2003 re: "Auto Shop" Activities at 33 Platt Drive.
  5. Town of Cheshire's Aquifer Protection Regulations sent to Mayor Robert Chatfield by the Executive Director of the Quinnipiac Watershed Partnership.

Motion by G. Graveline, seconded by T. Galvin to accept the correspondence. Unanimous.

Public Participation: Discussion was held on the updates to the Zoning Regulations regarding the use of ATV's.

Old Business:
a. Shannon Development Company, LLC, 80 Straitsville Road. Application for a 5-Lot Subdivision. Chairman Hiscox read a letter dated June 18, 2003 from Kathleen Mazzeo of Shannon Construction Company, LLC, requesting that this application be withdrawn without prejudice at this time. Ms. Mazzeo indicated that Shannon Development plans to resubmit a new application at a later date. This application was withdrawn without prejudice.

Land Use Inspector's Report: Bill Donovan reported that Mai Computer will be relocating from New Haven Road to 6 Scott Road where there currently is an art studio. There will be no exterior changes to the building and there is ample parking. Bill indicated he could approve the change subject to addressing any concerns the Commissioners may have. Bill distributed the latest draft of the updates to the Regulations. Town Staff and the Town Attorney will have the opportunity to review the latest draft for changes prior to copies being distributed for informal public review.

Public Hearings:
a. Nicholas Mecca, 10 Lombard Drive. Application for a 3-Lot Subdivision - 10 Lombard Drive. The public hearing was opened at 7:15 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. Chairman Hiscox also noted that the June 9, 2003 unapproved minutes of the Inland Wetlands Commission indicate that this proposed subdivision as presented should have no impact on wetlands or watercourses. Bill Donovan indicated that revised site plan maps showing corrected setbacks have not been received. Bill also asked Mr. Mecca if Chesprocott had approved the site plan. Mr. Mecca stated that he does have Chesprocott approval. Mr. Mecca was also asked to redesign the driveway shown exiting on Route 69 to exit onto Lombard Drive. G. Graveline raised drainage concerns and asked whether the grouped mailboxes would be moved from their current location. Mr. Mecca indicated that the mailboxes would not be moved and he will have his engineer address any drainage issues. D. Pomeroy asked for clarification of a curled line on the site plan for the next meeting as well. There were no comments from the public. The public hearing was continued to July 2, 2003 at 7:15 p.m.

Land Use Inspector's Report: Bill reported enforcement issues regarding a tree service company on Straitsville Road that has ignored a Cease and Desist Order. The Town Attorney has advised the tree service company by certified letter that compliance is required by June 25, 2003 or the Town will be advised to proceed with the filing of an enforcement action in Superior Court.

Public Hearings:
a. 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 at 7:30 p.m. Chairman Hiscox read a letter dated June 18, 2003 from David Carson, the applicants' engineer, requesting that the hearing be continued to the next meeting to allow additional time for comments from the Town's reviewing engineer. The hearing was opened to public comment. Mike Hyland, 49 Tress Road, stated concerns with the amount of material proposed to be removed from this site and stabilization of the property. Don Reilly, 35A Tress Road, reiterated Mr. Hyland's concerns and reminded the Commission that Townline Restaurant had previously requested a zone change to general commercial in order to expand their business. The zone change was granted, but after removing thousands of yards of material from the site, Townline Restaurant has yet to expand their business. Mr. Reilly asked whether this application would ultimately become a mining operation. Chairman Hiscox stated that Bill Donovan would be working closely with the Town of Cheshire to ensure that concerns of both Towns are addressed. There were no further comments from the public. The hearing was continued to July 2, 2003 at 7:25 p.m.

New Business:
a. Kollcinaku, LLC, 22 Union City Road. Application for a Change in Use - Coffee Shop/Grocery/Deli. Jimmy Kollcinaku reviewed a site plan for a proposed expresso coffee shop with pre-made sandwiches and basic grocery items. There would be no cooking or food preparation done on the premises. There is no indoor seating. Chesprocott has approved the use. Proposed hours of operation are 6:00 a.m. - 2:00 p.m. possibly 7 days a week. There are a total of 25 parking spaces available for the entire building. Bill Donovan indicated that Mr. Kollcinaku would be putting an allowed detached sign for the complex. Motion by T. Galvin, seconded by D. Pomeroy to accept and approve the application for a coffee shop/grocery/deli at 22 Union City Road as presented. Unanimous.

b. Luigi Demagistris, 198 New Haven Road. Application for a 2-Lot Re-subdivision. Bill Donovan explained that Mr. Demagistris had come before Planning & Zoning in 1995 for this same application, which was approved. The parcel is zoned industrial and is a short distance from an existing car dealership on New Haven Road. The re-subdivision map was never filed and the time period for filing the approved map has expired. Consequently, Mr. Demagistris is reapplying for approval in order to file the re-subdivision map. Motion by D. Pomeroy, seconded by G. Graveline to accept the application for a 2-lot re-subdivision for 198 New Haven Road and set a public hearing for July 2, 2003 at 7:30 p.m. Unanimous.

c. Luigi Demagistris, 198 New Haven Road. Application for a Special Permit for a Site Plan for an Auto Repair Facility. The Commissioners reviewed the site plan that had previously been approved in 1995 for an Auto Repair Facility. Bill Donovan explained that the time period for the Special Permit had lapsed. Chairman Hiscox indicated that Mr. Demagistris would need an approval from the Connecticut D.O.T. for the road cut. Motion by G. Graveline, seconded by A. Havican to accept the application for a Special Permit for an auto repair facility at 198 New Haven Road and set a public hearing for July 2, 2003 at 7:40 p.m. Unanimous.

Public Hearings:
c. Tesco Rentals, LLC, 155 Union City Road. Application for a Zone Change from General Commercial to Residential. 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. Attorney Edward Fitzpatrick, representing the applicant, submitted copies of notification sent to abutting property owners within a 500-foot radius of the property proposed for the zone change. Attorney Fitzpatrick explained that the applicant is requesting a zone change for 10 ¼ acres from general commercial to residential (RA1). The property, which is situated on Route 68, is surrounded almost completely by residential property. Attorney Fitzpatrick stated that the proposed zone change is consistent with the Town's Plan of Development and is in keeping with the harmony and nature of the neighborhood. The hearing was opened to comments from the public. Robert Demarchi, 168 Union City Road, asked for clarification on the location of the property. There were no further comments from the public. Motion by G. Graveline, seconded by T. Galvin to close the public hearing for the zone change from general commercial to residential for property located at 155 Union City Road. Unanimous. Motion by D. Pomeroy, seconded by A. Havican to approve the zone change from general commercial to residential for property located at 155 Union City Road and set the effective date of the zone change for July 31, 2003. Unanimous with reasons that the zone change complies with the Comprehensive Plan and is in harmony with the surrounding residential area.

d. Tesco Rentals, LLC, 151 & 155 Union City Road. Application for a Special Permit for a Residential Development for Elderly Persons. The public hearing was opened at 8:15 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. Attorney Edward Fitzpatrick represented the applicant and submitted copies of letters to property owners within a 500-foot radius of the proposed development. Attorney Fitzpatrick reviewed the general site plan for a proposed age-restricted housing complex stating there is conformity with the Town's Regulations for elderly housing. A private roadway would service the proposed development. The development would consist of 40 two-story, two-bedroom units serviced by city water and also a sanitary sewer line extended to Miller Drive and connecting with the Naugatuck Sewerage System. Discussion has been held with the Borough of Naugatuck and the Town of Prospect regarding an agreement for the sewer lines. A community building designed to look like a colonial house will be the focal point as you enter the development. Attorney Fitzpatrick stated that traffic would not be excessive, as this is an age-restricted development. Each unit has 2 parking spaces with 17 additional spaces for visitors and guests, including 1 handicapped space near the Community Center. Sidewalks are not currently planned but Attorney Fitzpatrick indicated they could be added. Chairman Hiscox indicated that the Regulations indicate that "connecting sidewalks, 4' wide, must be installed; ramp access to be included" and discussion was held on how to incorporate the sidewalks. The density per acre is less than 4 units per acre. Chairman Hiscox noted that the Town's Plan of Development calls for sewer avoidance with the exception of special projects on the edges of Town. Chairman Hiscox stated that he feels the proposed sewer use for this project does conform to the Plan of Development. Bill Donovan noted that the new use would be beneficial to the Town, which is suggested in the Plan of Development as well. Chairman Hiscox stated that the fire marshal should review the proposed plan. Attorney Fitzpatrick reviewed the drainage plan for the project. T. Galvin noted that one of the proposed buildings with 8 units seems to be more than the allowed 150 feet in length. Stephen Guidice, engineer for the project, stated he would make necessary revisions regarding the building length. Chairman Hiscox read a letter from the Connecticut Water Company dated June 16, 2003 offering comments for the Commission's consideration. The hearing was opened to the public for comments. Robert Demarchi, 168 Union City Road, asked how long the project would take. Bill Donovan asked for an explanation of the conditions for purchase/rental of the units. Carla Perugini Erickson, spoke on behalf of her parents of 160 Union City Road. Ms. Erickson asked whether 40 would be the maximum number of units. Attorney Fitzpatrick stated that no more than 40 units would be built. Ms. Erickson also asked whether any blasting would take place. Mr. Guidice indicated that there would be blasting and the blasting company would be required to notify surrounding property owners. Chairman Hiscox asked that the process of notification of blasting be clarified for the next meeting. Ms. Erickson asked whether the units would be privately owned or rented and what the price ranges would be. Attorney Fitzpatrick stated the units would be privately owned. Price ranges are generally market driven. Paul Violette, 147 Union City Road, stated that the proposed development is needed in Town. Eleanor Buonocore, 16 Highland Drive, questioned the need for a second floor in the units, because as people age stairs become a problem. Michael Accousti, 176 Union City Road, asked if there would be any visible signage. Attorney Fitzpatrick stated that there would be some type of allowed signage on the main road. Mr. Accousti also asked whether the units would be pre-sold or built and then sold and if the access road would be completed before units are sold. Bill Donovan stated that under a special permit site improvements have to be completed within a 5 year period. Mr. Accousti further questioned whether the construction accessway used for a previous proposal at this site for a sportsdome, would remain with this proposed development. Attorney Fitzpatrick indicated that the accessway would need to be used for the initial construction phases; thereafter, it would be used for access to the pump station for the sewer system. There were no further comments from the public. The public hearing was continued to July 16, 2003 at 7:30 p.m.

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 9:30 p.m. The applicant was not in attendance. There were no comments from the public. The hearing was continued to July 2, 2003 at 8:00 p.m.

Land Use Inspector's Report: The Commissioners discussed an accessway located on Summit Road that leads to industrial property with no other access. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector's Report. Unanimous.

Public Participation: None

Motion by D. Pomeroy, seconded by T. Galvin to adjourn at 9:45 p.m. Unanimous.

Robert Hiscox
Chairman