Town of Prospect-Boards & Commissions

Planning & Zoning Commission

Approved Minutes
September 1, 2004

Board Members Present: Robert Hiscox, Gil Graveline, Thomas Galvin

Alternates Present: Alexander Delelle

Others Present: Bill Donovan, Land Use Inspector

Members Absent: Alan Havican, 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. A. Delelle was seated for A. Havican.

Approval of Minutes: Motion by G. Graveline, seconded by A. Delelle to approve the minutes of the August 18, 2004 meeting as presented. Unanimous.

Correspondence:
1. Council of Governments Central Naugatuck Valley Invitation to Open House at New Office.
2. Letter dated August 21, 2004 from Carol Bredice, 4 Sherwood Drive, re: Zoning Violations.
3. Letter from Donna Marlak, 8 Maria Hotchkiss Road, re: Public Participation at Planning & Zoning Meetings.
4. Copy of Fax sent to Mayor Robert Chatfield re: Letter Submitted by Kimberly Tompkins, 10 Rozum Circle, to Planning & Zoning at the August 18, 2004 Meeting.

Chairman Hiscox asked Bill Donovan for an update on the zoning violations mentioned in Mrs. Bredice’s letter. Bill stated that some progress was made when he first sent a letter, but that recently there has been no change. A cease and desist order has been sent to two properties. Chairman Hiscox asked that Bill contact Mrs. Bredice to update her on zoning enforcement action taken relative to her complaint. Referring to the fax sent to Mayor Chatfield, Chairman Hiscox stated that summarizing correspondence received by the Planning & Zoning Commission rather than reading every letter in it’s entirety is common practice. Chairman Hiscox read the letter submitted by Mrs. Tompkins at the last meeting in its entirety as requested in her fax to Mayor Chatfield and asked Bill Donovan to follow up with a letter to Mrs. Tompkins explaining common practices of the Planning & Zoning Commission regarding correspondence. Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.

Public Participation: Vincent Porzio, owner of the Prospect Car Wash located at 97 Waterbury Road, stated that he has had a problem with cracks in the PCV piping which carries the vacuum hoses from the underground vacuum. Mr. Porzio asked if it would be possible to relocate the vacuum outside of the car wash building to alleviate the problem. The Commissioners suggested that Mr. Porzio present a site plan modification showing where the vacuum would be located and how it could be enclosed to insulate any additional noise. Barbara Bragg, 12 Rozum Circle, addressed comments made at the previous meeting by Tom Battiste, owner of Prospect Self-Storage. Tom Battiste presented a light impact study on his property at 38 Industrial Road, indicating that light bulbs were removed to address the light trespassing complaints from Rozum Circle residents. G. Graveline asked Mr. Battiste if it is possible to place a light post to shine lights towards the storage units instead of away from the units. Mr. Battiste submitted photos of the areas of concern and stated that the lights can be seen but are not trespassing into the Rozum Circle area. Mr. Battiste further stated that he is operating his business under the guidelines of his Resolution of Approval and that he has made a clear effort to correct and/or remove disturbances as reported to the Commission. Mr. Battiste also indicated that a wall located on the Bragg property seems to be encroaching into the roadway, making it difficult for vehicles to turn at the end of Rozum Circle. Bill Donovan was instructed to review the turning radius at the end of Rozum Circle with Gene McCarthy, Assistant Director of Public Works. Chairman Hiscox suggested that review of the Resolution of Approval for Prospect Self-Storage be placed on the agenda for a future meeting to discuss with Mr. Battiste the clients that are allowed on site after 10:00 p.m. Chris Skabardonis, 277 Cheshire Road, stated that he would like to get a final release of the site development bond from the Planning & Zoning Commission for the property located behind Townline Restaurant. Bill Donovan indicated that the upper portion of the slope needs further stabilization to prevent significant erosion currently taking place. Chairman Hiscox suggested that Mr. Skabardonis meet with Bill and Gene McCarthy to see what action needs to be taken to prevent any further erosion. When the Planning & Zoning Commission receives confirmation from Bill and Mr. McCarthy that the bank is stabilized, the Commission will consider taking action on the bond.

Old Business:
a. Ed the Treeman, LLC, 23 Industrial Road. Application for a Special Permit for Firewood Production and Storage. The public hearing was closed on August 18, 2004. The Commissioners reviewed the Special Permit Draft Resolution of Approval as prepared by Bill Donovan. Chairman Hiscox stated that Item 6 should be changed to eliminate operations on Saturdays, as Mr. Brasche had stated in his application that his hours of operation would not include holidays or weekends. The Commissioners also agreed that Item 6 should indicate that within the specified hours of operation, Mr. Brasche would be limited to no more than two (2) hours per day. Mr. Brasche indicated that he would maintain a log of his wood processing. The Commissioners reviewed screening on the site plan to help contain noise associated with the wood processing. T. Galvin asked whether Bill Donovan had received any definitive answers regarding decibel levels. Bill indicated that he has not received any clear answer. Chairman Hiscox and G. Graveline stated that a disclaimer should be added to the Special Permit indicating that the Commission reserves the right to review/revoke the special permit when it is deemed necessary. Motion by T. Galvin, seconded by G. Graveline to approve the Special Permit Draft Resolution of Approval for Edward T. Brasche, Jr., “Ed the Tree Man, LLC” for firewood production and storage for property located at 23 Industrial Road as modified. It was stated for the record that in the Commission’s judgement, the subject property complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations. The vote on the motion was R. Hiscox, G. Graveline and A. Delelle in favor. T. Galvin abstained noting he was uncomfortable with the 70-decibel level and where it applies in the community. Motion Carried.

Public Hearings: None

New Business: None

Land Use Inspector’s Report: Bill Donovan reported that the zoning hearing officers held their first hearing on fines issued to John Rek, 25 Rek Lane. The officers set up a schedule for Mr. Rek to clean his property by sections setting specific time frames. Mr. Rek seemed receptive to the schedule. Bill was pleased with the overall tone of the hearing. Bill stated that the architects who presented a preliminary review for elderly housing on Paul Schieffer’s property may be on the agenda for the next meeting for an amendment to the Plan of Development to allow sewer connections in that area of Town. Chairman Hiscox reported to Bill that he has noticed digging activity near the Capanna property on Summit Road. Bill will look into the matter. Bill reported that the police arrested eighteen ATV operators for creating a public disturbance in the industrial park recently. Bill also reviewed the Boulder Brook cease and desist order issued on behalf of the Inland Wetlands Commission. The Commissioners discussed the fence installed at Hotchkiss Field. Bill was asked to check with Gene McCarthy or Bill Sereduck to see if additional landscaping will be done in that area. Motion by T. Galvin, seconded by A. Delelle to accept the Land Use Inspector’s Report. Unanimous.

Public Participation: None

Motion by G. Graveline, seconded by T. Galvin to adjourn at 8:50 p.m. Unanimous.

Robert Hiscox
Robert Hiscox, Chairman