Planning & Zoning

March 19, 2003

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

Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Francis Carpentier was seated for Donald Pomeroy and Alexander Delelle was seated for Thomas Galvin.

Approval of Minutes: Motion by A. Havican, seconded by F. Carpentier to approve the minutes of the March 5, 2003 meeting as amended. Unanimous.

Correspondence:

  1. Memo #030503 from Council of Governments of the Central Naugatuck Valley
  2. Membership Dues Notice through March 31, 2004 - Connecticut Federation of Planning & Zoning Agencies in the amount of $90.00.
  3. Invoice #883454 from Harrall-Michalowski Associates, Inc.

Motion by F. Carpentier, seconded by G. Graveline to accept the correspondence. Unanimous. Motion by G. Graveline, seconded by A. Havican to pay the membership dues for the Connecticut Federation of Planning & Zoning Agencies in the amount of $90.00. Unanimous. Motion by A. Havican, seconded by F. Carpentier to pay the invoice dated March 3, 2003 for HMA, Inc., for Prospect Zoning Regulations Update in the amount of $2,950.00. Unanimous.

Public Participation: None

New Business:
a. Town of Prospect, 36 Center Street. Application for Water Main Installations under Section 8-24 - New Haven Road, Putting Green Lane & Straitsville Road. Mayor Robert Chatfield presented the application for proposed water main extensions on New Haven Road from the Prospect Volunteer Firehouse to Doyon's Mobil Station, Putting Green Lane and Straitsville Road. Section 8-24 of the Connecticut General Statutes requires that proposed municipal projects be referred to the Planning & Zoning Commission for a report before taking action on the project. Motion by A. Havican, seconded by A. Delelle to accept and approve the application by the Town of Prospect under Section 8-24 of the Connecticut State Statutes for water main installations at New Haven Road, Putting Green Lane and Straitsville Road as presented. Unanimous.

Motion by G. Graveline, seconded by F. Carpentier to add to the agenda under "New Business" a site plan application for 62 Waterbury Road. Unanimous.

b. American General Investors, LLC, 62 Waterbury Road. Site Plan Application for a Retail and Office Building. Mark Guastaferri, American General Investors, presented the application for the proposed construction of a retail/office building on 1.25 acres zoned as general commercial. Motion by G. Graveline, seconded by A. Havican to accept the site plan application submitted by American General Investors, LLC, for the construction of a retail and office building at 62 Waterbury Road. Unanimous.

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 for the evening at 7:15 p.m. Chairman Hiscox read a letter dated March 14, 2003 with comments on the proposed subdivision from the Town's Engineer, Connecticut Consulting Engineers, LLC. Also read into the record was a letter from Vincent Leone, Prospect Tax Assessor, verifying the current value of the property. Mr. Knapp indicated that his engineer is working with the Town Engineer to address the noted comments. Chairman Hiscox reiterated a discussion from the previous meeting regarding Lots 3 & 4 not being rear lots and a buffer zone around the brook as requested by the Connecticut Water Company. The Commissioners had discussed the possibility of reducing the proposed subdivision by one lot to allow for open space being that the property is within an acquifer protection area. Mr. Knapp presented a sketch with revisions to Lots 3 & 4 that complies with the definition of a "rear lot" and including a 1.6-acre parcel planned for open space. Chairman Hiscox noted that access needs to be planned to the proposed open space. Mr. Knapp indicated that, in his opinion, combining Lots 3 & 4 to one lot would not be the best proposal to addressing open space. The soil testing on both lots was very good, leaving ample space for house and septic without encroaching on the wetlands or buffer area. Chairman Hiscox stated that a site walk would be scheduled and asked Mr. Knapp to flag the areas on the property showing the changes that are indicated on the sketch he presented this evening. The public was invited to comment. Tracy Theroux, 9 Rachel Ann Court, asked for clarification on the restoration of the current cul-de-sac with respect to her existing driveway. Greg Lisowski, 128 Salem Road, asked whether a buffer would be left between abutting properties within the "West Ridge Estates" subdivision and requested that the Commission consider leaving Lot 11as required open space rather than the brook area. There were no further comments from the public. A site walk was scheduled for Sunday, March 23, 2003 at 9:00 a.m. Chairman Hiscox asked Bill Donovan to make the Prospect Land Trust aware of the site walk. The public hearing was continued to April 2, 2003 at 7:15 p.m.

Zoning Regulation Revisions: Chairman Hiscox stated that the Commissioners had received a draft copy of the proposed changes to the zoning regulations. Richard Harrall, HMA, Inc., suggested that a workshop be scheduled for the end of April on the proposed changes after the Commissioners have had sufficient time to review the draft. In light of the application currently before the Commission for an amendment to the Elderly Housing Regulations, Mr. Harrall indicated that a new section (Section 4.3) has been proposed addressing age restricted housing and described the differences between a development consistent with what the current Regulations allow and the proposed new section. Chairman Hiscox stated that the Regulations need to retain an option that allows for affordable housing for senior citizens. The public was invited to comment. Joe Gomez, 261 New Haven Road, and Mary McCormack, 7 Straitsville Road, stated the need for affordable housing in Prospect. Mike Rutkowski, 4 Rowland Drive, suggested that the proposed new "Age Restricted Housing" regulation seems to resemble condominiums rather than affordable housing for seniors. Mr. Rutkowski further commented that the Town should be securing grants to develop affordable housing. Hank Berberat, 83 Union City Road, commented on the proposed text changes to the current Regulations. There were no further comments from the public. Mr. Harrall briefly reviewed a memorandum describing the more noteworthy changes and additions made to the Regulations that the Commissioners should review more closely before the workshop. Bill Donovan was directed to contact the Economic Development for an update on the feasibility of an industrial development on Scott Road. A meeting was scheduled for April 30, 2003 at 7:00 p.m. for discussion on the proposed regulation revisions.

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 was closed on February 5, 2003. The Commissioners discussed the proposed text changes to the Regulations. Motion by G. Graveline, seconded by A. Havican to approve the application for an amendment to Section 311 of the Zoning Regulations - Regulations for Elderly Housing in Residential Zones to 1) permit separate unit ownership; 2) permit up to three bedrooms in no more than 10% of the total units and 3) adjust completion of community building to sale/occupation of 50% of the total units with the Commission reserving the right to require a site development bond. Unanimous. Motion by G. Graveline, seconded by A. Havican to set an effective date of April 25, 2003 for the amendment to Section 311 of the Zoning Regulations. Unanimous.

Land Use Inspector's Report: Bill Donovan stated that the 1-year extension for the special permit for elderly housing on Old Schoolhouse Road has expired and that the developer, Mr. Meka, has asked Bill if another extension could be granted. The Commissioners determined that a new application should be submitted with an updated site plan. Bill reviewed Planning & Zoning minutes of December 2001 regarding the release of bond for Trotters Way in response to site line concerns raised by Edward Miller at a previous meeting. A letter sent to Attorney Porzio by Bill Donovan was read into the record concerning the advertisement published in the Prospect Pages for the coffee shop located at Pond Place Development. A request was made by JNJ Realty for a bond reduction for "Royal Crest South" subdivision. Bill Donovan submitted his recommendation for a reduction in the bond from $22,500.00 to $2,250.00. Motion by A. Havican, seconded by A. Delelle to reduce the site development bond for "Royal Crest South" Subdivision, Melissa Lane, to $2,250.00 as recommended by Bill Donovan. Unanimous. Motion by G. Graveline, seconded by F. Carpentier to accept the Land Use Inspector's Report. Unanimous.

Public Participation: Mark Guastaferri commented that when the Commissioners are reviewing the proposed ordinance regarding fines for zoning violations, consideration should be given to imposing the fines not only on property owners, but on tenants as well. Mr. Guastaferri explained his limitations as a landlord to enforce directives from the Town for violations.

Motion by A. Havican, seconded by F. Carpentier to adjourn at 10:07 p.m. Unanimous.

Robert Hiscox
Chairman