Acting Chairman Graveline called the meeting to order at 7:08 p.m. The meeting was taped. Fran Carpentier was seated for Bob Hiscox
Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the September 17, 2003 meeting as amended. Unanimous.
Correspondence:
Motion by T. Galvin, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: Roger Tierni, 15 Country Brook Road asked about the status of the enforcement action against the ATV activities at 59 Plank Road. Bill Donovan related the ‘Cease & Desist" enforcement order was mailed to Mr. McLean at 59 Plank Road and mail certification confirmation received that Mr. McLean accepted the mailing. Bill also stated that the Inland Wetlands Commission will schedule a site walk of the property prior to their next scheduled meeting.
Tom Battiste, 38 Industrial Road is protesting the complaints from neighbors that the town is receiving regarding noise at his storage facility site. Mr. Battiste was responding to a previous letter of complaint regarding after-hours motorcycle activities taking place within the storage facility. Mr. Battiste stated he has installed a security lock-out system that prevents any customers or vehicles from entering the storage area after 10:00 p.m. There is access for one commercial tree business that stores their equipment on the westerly side of the complex and inside the new building complex designed for indoor storage of larger vehicles. Mr. Battiste feels this continual complaining is bordering on harassment in that Prospect police, who are responding to these complaints and not finding any zoning violations, are entering onto his property without just cause.
Old Business: None
Public Hearings:
a. 7:30 p.m. Shannon Development Company, LLC, 80 Straitsville Road. Application for a 2-lot Subdivision. (continued from 9/17/03). Scott Poryanda, Connecticut Consulting Engineers represented the applicant. Mr. Poryanda stated that this application has not yet received a decision from the Inland Wetlands Commission who next meets October 27th. Bill Donovan asked that a letter from the Chesprocott Health District on this subdivision be made available for the next meeting. Bill also spoke on the "Open Space" requirement in the subdivision regulations. He suggested that, as an option, a "Conservation Easement Restriction" be placed on the extensive wetlands within this 7-acre subdivision that would, in his opinion satisfy the intent of the regulations by permanently protecting these wetlands from future disturbance and enroachment. Mr. Poryanda stated he would need to discuss this with the applicant. There were no comments from the public. The public hearing was continued to October 15th at 7:30 p.m.
b. 7:45 p.m. Gail Ashe, 5 Pond View Drive. Application for a 2-lot ReSubdivision. Chairman Graveline read into the record the "Notice of Public Hearings" for this application as it appeared in the Republican American on September 19th & 26th, 2003. Scott Poryanda, Connecticut Consulting Engineers represented the applicant. Mr. Poryanda described this resubdivision as a 2-acre parcel to be subdivided into 2 one-acre lots. Both lots are conforming front lots located on the northeasterly side of Pond View Drive. The resubdivision is being called "Pondview Hills". G. Graveline asked if these two lots were previously combined as one common lot. James Ashe, 14-A Old Logtown Road stated the two lots were originally part of the families’ larger parcel that has been subdivided over the years. At one time, there was a barn and garage on this property. Bill Donovan asked if there are installed curtain drains on the lots. Mr. Ashe stated his father installed curtain drains years ago to try and relieve the high ground water table. Bill also asked for a letter from the Chesprocott Health District on this application and mentioned the requirement for Open Space. There were no comments from the public. The public hearing was continued to October 15th at 7:45 p.m.
New Business:
a. Rosenfield Enterprises, 157A Summit Road. Application for a Change of Zone from Industrial to Residential one-Acre. Jeffrey Slapikas represented the applicant. Mr. Slapikas stated this 50-acre parcel is located within the large industrial zone between Scott and Summit Roads in the northerly section of Prospect. The easterly portion of the property however is zoned residential and accesses onto the surrounding residential zone on Summit Road. G. Graveline asked if there are easements on the property that allows abutting Industrial properties to pass over this land. Mr. Slapikas stated their research has not found that such easements exist. G. Graveline also asked where the exit for this property is in relation to the nearest intersection. Mr. Slapikas stated they are approximately 800 feet to the nearest intersection. Fees were determined and a Motion by A. Havican, seconded by F. Carpentier to accept the application was Unanimous. A public hearing was scheduled for October 15th at 8:00 p.m.
b. Brian Goulet, 6 Holley Lane. Application for a Home Occupation: Home Improvement Services. Mr. Goulet stated he maintains several rental properties and needs to establish an office in his home. He utilizes a pick-up truck and has no employees. There will be no outside storage or signage. Motion by F. Carpentier, seconded by T. Galvin to accept and approve a Home Occupation permit for home improvement services for Brian Goulet, 6 Holley Lane. Unanimous.
Land Use Inspector’s Report: Bill Donovan distributed copies of the proposed zoning regulations for public hearing review. Bill asked the commissioners to please read through the draft to ensure that the new format, new added sections and the many changes made are clear in wording and interpretation. Bill also mentioned that as of October 1st the 65-day/35-day/65-day time period requirements with extensions of time on applications have been changed. The statutes have reduced the time period a commission has to complete an application review and approval by reducing the total combined time of extensions. However, there is now greater flexibility in extending a specific part of the review period such as the public hearing. Bill further stated that the authorization to allow CL&P to extend overhead utilities further within the Royal Crest North subdivision came from his office after reviewing plans involving the multiple underground storm water and drainage pipes within the subdivision and the potential future installation of additional drainage piping, an 8" water main, hydrant laterals and service connections that could be in conflict with underground utilities. Bill also acknowledged that the Car Wash facility had approached him regarding the replacement of the detached sign described at the public hearings. F. Carpentier stated the sign now in place is not in harmony with surrounding signs nor consistent with what was presented to the commission. G. Graveline queried about the height of the building foundation of the new commercial complex on Route 69 with concerns that this new building complex may be set higher in ground elevations similar to what occurred at the Naugatuck Savings Bank. Bill will investigate. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public participation: None
Adjournment: Motion by A. Havican, seconded by T. Galvin to adjourn at 8:55 p.m. Unanimous.
Gil Graveline