Board Members Present: Robert Hiscox, Alan Havican, Donald Pomeroy (7:04), Thomas Galvin
Alternates Present: Alexander Delelle
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Gil Graveline, Francis Carpentier (Alt.), Anthony Parrella (Alt.)
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. A. Delelle was seated for D. Pomeroy until D. Pomeroy’s arrival at 7:04 p.m. A. Delelle was then seated for G. Graveline.
Approval of Minutes: Motion by A. Havican, seconded by A. Delelle to approve the minutes of the September 15, 2004 meeting as presented. Unanimous.
Correspondence:
1. Council of Governments of the Central Naugatuck Valley Memo #091004 re: Aquifer Protection Area Workshops.
2. Anonymous letter dated September 25, 2004 re: 33 Platt Drive Auto Body Shop Operating in a Residential Area.
Chairman Hiscox directed Bill Donovan to follow up on the alleged auto body shop operations on Platt Drive as it has been brought to the Commission’s attention in the past. Motion by T. Galvin, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: Edward Miller, 29 Woodcrest Drive, spoke as a representative of the Prospect Town Council and questioned the Commissioners on receiving updates monthly from the Land Use Inspector regarding zoning violation enforcement. Mr. Miller asked whether procedures are being followed in accordance with the fine ordinance passed for zoning violations. Bill Donovan reviewed the procedures of notification prior to the issuance of fines, the fine process and the appeals period with Mr. Miller and the Commissioners. Bill stated that he feels the threat of fines has made a substantial difference in bringing properties into compliance with zoning regulations. The Commissioners will add review of the enforcement process to a future agenda. Deborah Ridolfi, 24 Alison Court, stated that things might not be happening as quickly as Mr. Miller would like to see, but Mr. Donovan is only one person and could probably benefit from more help in the Land Use Office. Vincent Porzio, owner of the Prospect Car Wash, 97 Waterbury Road, asked about installing a 60-foot flagpole on the middle island at the car wash. Bill Donovan stated that the zoning regulations don’t specifically address the height of flagpoles. The Commissioners felt that the pole should not exceed the 35-foot height restriction of a structure without getting a variance from the Zoning Board of Appeals. The Commissioners also confirmed with Mr. Porzio that the pole would display the American flag only and that there would be no advertising type banners allowed.
Public Hearings:
7:15 p.m. – Jerry L. Gibson, 47 Morris Road. Application for a Special Permit for a Home Occupation for Real Estate Sales. The public hearing was opened at 7:40 p.m. Chairman Hiscox read the notice of public hearing as it appeared in the Republican American on September 25, 2004 and October 1, 2004. Chairman Hiscox also noted that Mr. Gibson submitted an affidavit stating his compliance with the notification procedures required by the Regulations regarding his application. A letter dated October 2, 2004 from Dean & Lisa Accetura, 6 Rozum Circle, was read into the record indicating that Mr. & Mrs. Accetura are in favor of Mr. Gibson being granted a home occupation permit. Jerry Gibson reviewed his application with the Commissioners stating that he is the only person who would be engaged in the operations of the home occupation. He would meet with clients at his office at Coldwell Bankers Realty 2000,LLC, New Haven Road in Naugatuck or at the clients’ home. Mr. Gibson is asking to conduct his business part time in the evening hours and on weekends as he is employed full time during the week within the judicial system. There would be no outside storage associated with this home occupation and no deliveries to his home. The hearing was opened to comments from the public. Deborah Ridolfi, 24 Alison Court, asked why Mr. Gibson had the need for a home office if he has an office with Coldwell Bankers. Mr. Gibson replied that he wanted the ability to be at home with his family while conducting business related to real estate sales. There were no further comments from the public. Motion by T. Galvin, seconded by A. Delelle to close the public hearing for a Special Permit for a home occupation for real estate sales for property located at 47 Morris Road. Unanimous. Chairman Hiscox stated that the subject property complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations. Motion by T. Galvin, seconded by D. Pomeroy to approve a Special Permit application for Jerry Gibson, 47 Morris Road, for a home occupation for real estate sales. Unanimous.
New Business:
a. Herwood Cochran, 14 Cook Road. Application for a Re-Subdivision. Mr. Cochran was not in attendance.
b. Amendment to Zoning Regulations – Storage Pods. Chairman Hiscox stated that he believes that there will soon be a need to address regulations regarding storage pods in residential areas. The Commissioners agreed that appropriate regulations should be set regarding the length of time a pod can remain on a residential property and the proper location of a pod on an individual lot. The Commissioners also discussed defining the difference between a storage pod and a commercial storage container. Bill Donovan will contact Harrall-Michalowski Associates for input in this area. Discussion oN amending the Regulations to add storage pods will be carried on the agenda under “Old Business” for future meetings as well as discussing other technical changes that need to be made.
Old Business:
a. Prospect Self-Storage, 38 Industrial Road. Review Resolution of Approval. Chairman Hiscox stated he felt that review of the Resolution of Approval is needed due to more businesses having 24-hour access to the storage facility with the new warehouse. In the Chairman’s opinion, 24-hour access was initially granted to the storage facility for emergency purposes only, not on an as needed basis. The Commissioners discussed the latest amendment dated July 16, 2003, Item
11, of the Resolution of Approval indicating 24-hour access “for a business such as a limousine service that needs to meet customer schedules on an as-needed basis.” The Commissioners stated concerns with the new warehouse building allowing 24-hour access to all businesses as the building is not gated. There also appears to be business activities taking place on site, not just storage of commercial vehicles and equipment. The Commissioners requested that Bill Donovan provide copies of minutes regarding the storage facility for review and that Mr. Battiste be present at a future meeting, possibly in November to discuss what is actually taking place at this location. Chairman Hiscox also stated that a meeting in November may possibly adjourn to visit Rozum Circle to observe the lighting from the storage facility when the leaves are off the trees.
Land Use Inspector’s Report: Bill Donovan provided the Commissioners with a Position Guide for the Land Use Inspector for discussion purposes. The Commissioners felt that the position of Land Use Inspector should be reviewed to see if the position is encompassing more than originally proposed. Chairman Hiscox asked that a copy of the original job description be provided to the Commissioners for discussion at a later meeting. Chairman Hiscox directed Bill to check out a pool and commercial vehicle on Matthew Street. Bill was also directed to check out a canvas hut on the corner of Straitsville Road and Carmel Drive and to follow up with Mr. Gavigan on Amber Court regarding compliance with his home occupation permit. Chairman Hiscox asked that Mr. Gavigan be added to the agenda for the next meeting. D. Pomeroy and Chairman Hiscox questioned the various commercial trucks parked at St. Anthony’s parking lot the previous weekend and directed Bill to contact Father Cascia again. Motion by D. Pomeroy, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: Ed Diloreto, 20 Union City Road, reviewed plans for a change of use at the Sunoco Service Station to a convenience store/gas station. Mr. Diloreto will also be proposing an application for an auto repair business at 1 Old Schoolhouse Road. The repair business would be serviced by city water and an agreement is being worked on between the two properties to share a septic system. Chesprocott has indicated to Mr. Diloreto that a single septic system could service both businesses. The Commissioners suggested Mr. Diloreto submit a formal site plan application for the proposed repair business giving attention to the new regulations regarding screening and outdoor storage. D. Pomeroy also noted that attention should be given to the Plan of Conservation and Development regarding the Prospect Town Center corridor. Chairman Hiscox stated that Mr. Diloreto could concurrently submit an application for a change in use at 20 Union City Road indicating proposed areas for customer parking, hours of operation and signage.
Motion by T. Galvin, seconded by A. Havican to adjourn at 9:12 p.m. Unanimous.
Robert Hiscox
Robert Hiscox, Chairman