Town of Prospect -Boards & Commissions

Planning and Zoning Commission

Special Meeting
Approved Minutes
May 26, 2004

Board Members Present: Robert Hiscox, Alan Havican, Thomas Galvin

Alternates Present: Alexander Delelle

Others Present: Bill Donovan, Land Use Inspector, Tom Kreykes-HMA, Inc.

Members Present: Gill Graveline, Donald Pomeroy, Francis Carpentier (Alt.), Anthony Parrella (Alt.)

Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. Alexander Delelle was seated for Gil Graveline.

Public Hearings a. 7:01 p.m. - Town of Prospect Plan of Conservation and Development - Amendment No. 1 Compreshensive Revision to Prospect Zoning Regulations and Zoning District Map and Compreshensive Revision to Prospect Subdivision Regulations. Chairman Hiscox stated that the three public hearings were continued from May 12, 2004 in order to allow the public additional time to review the proposed changes. It was noted for the record that any comments received would be made part of the record for all three hearings.

-Mayor Robert Chatfield asked whether any decision has been made regarding the proposed two-acre zoning in the Summit Road area. Chairman Hiscox indicated that the Commission has revised the zoning map to propose that the area between Gilkey and Summit Road be zoned residential one-acre. Mayor Chatfield asked the Commission whether street numbers could be assigned for proposed building lots prior to a subdivison map approval to avoid confusion. A major concern of Mayor Chatfield was that family-owned businesses that have been operating within residential areas since the 70's and have not been a problem should not be pushed out of Town. Mayor Chatfield strongly urged the Commission to include some concession to allow such businesses (i.e., established before a certain date) to be allowed to remain as a non-conforming use in a residential area. If such a business was established and the Town grew around it, Mayor Chatfield stated that the business should be allowed to remain. Chairman Hiscox stated that the Commission is encouraging residents who run businesses out of their homes to contact the Land Use Inspector's office to obtain a Home Occupation Permit. Mayor Chatfield reiterated that small family-run commerical businesses that existed prior to the establshment of the Land Use Inspector and active zoning enforcement, whose businesses have not caused any problems should be allowed to remain. Mayor Chatfield's final comments were concerning the proposed changes to the buildable square. Mayor Chatfield asked that the changes not be altered so drastically as to render property as useless.
-Tom Kreykes of HMA, Inc.was introduced to present amendments made regarding the buildable area based on comments from the previous hearing. Mr. Kreykes explained that the definition of the buildable square has been revised to a minimum buildable area to allow for building in conformity with the Town's Plan of Conservation and Development while not rendering lots unbuildable. Mr. Kreykes reviewed examples of the revised definition. Mr. Kreykes stated that the definition of the minimum square, which had not changed, would still apply to the commerce park zone.
-David Young, 35 Nancy Mae Avenue, asked for clarification on the buildable area as it related to his property.
-Larry Beausoleil, 66 Smoke Rise Circle stated he was pleased with changes regarding the 18,000 square foot buildable area, however, asked for more consideration regarding the 45-degree angle. Mr. Kreykes stated the changes were made to allow some flexiblity with the "square", but still keep the buildable area as a 4-sided figure. Mr. Kreykes acknowledged that creativity would be required on the part of the developer to work in keeping with the character of the Town.
-Jim Hill, 32 Holcomb Street, West Haven, CT. representing Rosenfield Enterprises, questioned the purpose of having a building square, suggesting that setting a maximum lot coverage of impervious surfaces and a minimum requirement for open space could limit confusion with the buildable area. Mr. Hill stated this would also address his concerns stated at the previous hearing regarding ambiguities with open space requirements.
-Alberto Mimo, 55 Talmadge Hill Road, read comments submitted on behalf of the Conservation Commission in support of the "minimum buildable area."
-Jim DeCosta, 239 Cook Road, stated that home occupation should be more liberal for people who want to work out of their homes. Mr. DeCosta also stated that before building lots are approved, there should be a requirement to show that there is a sufficient drinking water supply on the lot and that he would prefer the regulations be more liberal with the placement of accessory structure on a lot.
-Attorney Patrick McGrath, 500 Chase Parkway, Waterbury, CT, asked for clarification on the building area vs. the buildable square as it related to the commerce park zone and stated that he felt that the commerce park regulations regarding the 35% lot coverage and 200-foot lot width were too restrictive. Bill Donovan responded that the building sizes in the commerce park were in conjunction with the proposed plan from the Economic Development Commission. Attorney McGrath restated concerns at the last hearing regarding restrictive parking requirement in a elderly housing development and restricting facilities to be a 1-story ground level buildings. Attorney McGrath asked the asked the Commission to include planned elderly congregate housing as an allowed use in a commerce park zone. Attorney McGrath also asked for consideration of changing the length of a building within an elderly housing development and changing the 10-foot offset.
-Jim Hill asked the Commission to clarfity limitations on rear lots and what determines the basis for controlling rear lots.
-Larry Beausoleil stated concerns with a 500-foot limit on length of driveways.
-Alberto Mimo asked the Commission to base decisions on the needs of the Town and the environment not on the needs of an individual.
_George Pavlik, 165 Summit Road, asked if a final draft of the changes would be made available and also how the Commission would determine where to put hiking and biking trails. Mr. Pavlik complimented the Commission on being objective with the public.
-Tom Satkunas, 232 New Haven Road, asked if there could be any additional commercial properties after the proposed zoning is approved. Chairman Hiscox indicated that a property owner could apply for a zone change.

There were no further comments from the public. Motion by A. Havican, seconded by T. Galvin to close the three public hearings. Unanimous. The Commissioners reviewed comments made with Mr. Kreykes and indicated that a final discussion with the planners would be scheduled for the June 16, 2004 Planning & Zoning meeting.

Action: Chairman Hiscox read the Draft Resolution for Amendment No.1 to the Town of Prospect Plan of Conservation Development as prepared by Bill Donovan into the record. Motion by T. Galvin, seconded by A. Havican to approve Amendment No. 1 to the Plan of Conservation and Development as presented. Unanimous.

Discussion: The Commissioners reviewed comments made with Mr. Kreykes and indicated that a final discussion with the planners would be scheduled for the June 16, 2004 Planning & Zoning meeting.

Action: Chairman Hiscox read the Draft Resolution for Amendment No.1 to the Town of Prospect Plan of Conservatin and Development as prepared by Bill Donovan into the record. Motion by T. Galvin, seconded by A. Havican to approve Amendment No. 1 to the Plan of Conservation and Development as presented. Unanimous.

Motion by A. Havican, seconded by T. Galvin to approve the revised zoning district map reflecting the changes made to the Plan of Conservation and Development. Unanimous Motion by T. Galvin, seconded by A. Havican to set an effective date of amendment to the Plan of Conservation and Development and zoning district map of June 14, 2004. Unanimous
Motion by A. Havican, seconded by T. Galvin to adjourn ate 9:05 p.m. Unanimous

Robert Hiscox, Chairman