March 5, 2003
Chairman Robert Hiscox called the meeting to order at 7:03 p.m. The meeting was taped. Francis Carpentier was seated for Donald Pomeroy.
Approval of Minutes: Motion by T. Galvin, seconded by A. Havican to approve the minutes of the February 19, 2003 meeting as presented. Unanimous.
Correspondence:
Motion by F. Carpentier, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Anthony Dorso, 34 Scott Road. Application for a Home Occupation Permit - Lawn Maintenance. Anthony Dorso presented the application indicating that his mother, Roberta Dorso, owns the property, and that he resides at 34 Scott Road. Chairman Hiscox stated that Mr. Dorso must provide Bill Donovan with a statement from his mother giving permission for her son to operate a home occupation at this location. Mr. Dorso stated that he is currently the only employee, however he is asking for approval of one additional employee. He owns one pickup truck and one trailer. Lawn maintenance equipment will be stored indoors. Materials and fertilizers will not be stored on the premises. Mr. Dorso was instructed to get approval from Bill Donovan for any future signage. Hours of operation will be from 8:00 a.m. to 5:00 p.m. The Commissioners cautioned Mr. Dorso about making noise with equipment when loading, unloading and maintaining the equipment before the approved start time or after the approved stop time. Motion by T. Galvin, seconded by A. Havican to accept and approve a home occupation permit for lawn maintenance for property located at 34 Scott Road. Unanimous.
Old Business:
b. Town Attorney Response Regarding Enforcement. Chairman Hiscox reviewed a letter dated February 27, 2003 from the Town Attorney regarding civil enforcement options. Since the Town of Prospect has not enacted an ordinance to establish collection of penalties for zoning violations, the Town's options are enforcement through notices of violation, cease and desist orders, letters by town counsel, and lastly filing suit against the violator. Chairman Hiscox also reviewed a letter dated March 2, 2003 from James & Kathleen Christiano acknowledging that the weather has hindered their progress in completing necessary projects on their property and that their spring resolution is to restitute this matter.
Donald Pomeroy arrived at 7:15 p.m. F. Carpentier was then seated for G. Graveline.
Public Hearings:
a. Victoria & Mark Lorusso, 111 Waterbury Road. Application for a Zone Change from Industrial to General Commercial. Chairman Hiscox read a letter dated March 3, 2003 from Victoria Lorusso stating that she is withdrawing this application. The application is withdrawn.
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. Bill Donovan suggested that the Commissioners consider a suggestion made at the last meeting by Dick Harrall, HMA, Inc., that a separate section for "55 and over" be added to the current elderly housing regulations rather than change what the current regulations address. A copy of Cheshire's elderly housing regulations will be provided to the Commissioners for review before the next meeting. Chairman Hiscox stated that he has received concerns regarding allowing for 3 bedrooms in a 55 and over development. Chairman Hiscox also asked Bill Donovan to contact Hank Berberat to be sure that he will be in attendance at the next meeting to discuss the proposed Regulation changes.
Public Hearings:
b. Robert Knapp, 585 Park Road Ext., Middlebury, CT. Application for a Proposed 11-Lot Subdivision - 120 Salem Road. The public hearing was opened at 7:30 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Waterbury Republican American. A letter was received from Chesprocott Health District indicating there were suitable soils on all 11 lots for septic systems. Robert Knapp, representing the owners of 120 Salem Road, reviewed the subdivision plans for the Commission. The Inland Wetlands Commission is currently reviewing the plans. Eleven lots are proposed for this 16.3-acre parcel along with 780 feet of proposed road. The subdivision will be accessed by extending the road at the cul-de-sac on Rachel Ann Court. Lot 11 would be accessed from Salem Road. Mr. Knapp is proposing to pay a fee in lieu of open space. Chairman Hiscox wanted assurances from Mr. Knapp that when the existing cul-de-sac on Rachel Ann Court is removed and the abutting front lawns are then extended to the new street line, that all existing paving within the new lawn extension areas is completely removed before loam and seed are put down. Mr. Knapp concurred that no paving would be buried underneath any new lawn extension. Mr. Knapp has notified the Connecticut Water Company, as the site is located within an aquifer protection area. A letter from the Connecticut Water Company was read into the record stating concerns with the proposed development activities that could impact the water quality in this area. Mr. Knapp confirmed that he has applied for the registration form as required by the D.E.P. and that he will include a conservation easement along the wetland areas on Lots #2 & #4 as suggested. The public was invited to comment. Chairman Hiscox indicated that a site walk would probably be scheduled at some point after the Town Engineer's report is received. Bill Donovan asked Mr. Knapp about proposed rear lots. Mr. Knapp described the layout of Lots #3 and #4, indicating that they do not meet the definition of a rear lot according to the Regulations. After discussing the issue with his engineer, Mr. Knapp feels that the proposed design is the best layout when considering the shape of the property and minimizing the impact on the wetlands. Chairman Hiscox suggested that an alternative option could be to eliminate one lot and designate an area of open space. The public hearing was continued to March 19, 2003 at 7:15 p.m.
Public Participation: Bob Gillis, 25 Platt Drive, asked where the enforcement procedures stand regarding the zoning violations at 27 Platt Drive. Kolleen Gillis, 25 Platt Drive, asked the procedures for implementing a regulation change. Linda Henaghan, Platt Drive, stated that she has documented violations at 27 Platt Drive to date.
Presentation on Impervious Surfaces: Virginia Mason and Glenda Prentiss of the Council of Governments of the Central Naugatuck Valley and Laurie Giammattei from Nonpoint Education for Municipal Officials (NEMO) gave a presentation on Impervious Surface Buildout, emphasizing the importance of protective planning strategies.
Land Use Inspector's Report: Bill Donovan submitted a letter recommending a full release of the site development bond for SBA Towers, Inc., 229 Cheshire Road. Motion by T. Galvin, seconded by D. Pomeroy to approve the release of the site development bond for SBA Towers, Inc., as recommended by Bill Donovan. Unanimous. F. Carpentier noted that the café at the Pond Place Medical Building is advertising as a public restaurant, which is not what was approved in the Special Permit. Bill Donovan will look into the matter. Motion by T. Galvin, seconded by D. Pomeroy to accept the Land Use Inspector's Report. Unanimous.
Motion by A. Havican, seconded by T. Galvin to adjourn at 9:12 p.m. Unanimous.