Board Members Present: Robert Hiscox, Donald Pomeroy and Thomas Galvin
Alternates Present: Francis Carpentier
Others Present: None
Members Absent: G. Graveline, Alan Havican, Anthony Parrella (Alt.) and Alexander Delelle (Alt.)
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped. F. Carpentier was seated for A. Havican.
Approval of Minutes: Motion by T. Galvin, seconded by D. Pomeroy to approve the minutes of the February 2, 2005 meeting as amended. Unanimous.
Correspondence:
1. Connecticut Federation of Planning & Zoning Agencies Notice of Annual Meeting – March 24, 2005.
Motion by D. Pomeroy, seconded by T. Galvin to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. William & Barbara Moroz, 18 Sunrise Drive. Application for a Special Permit for a Home Occupation – Home Help Service. Barbara Moroz presented an application for a home office for a service company to aid elderly people or new moms with daily chores, transportation and companionship. Mrs. Moroz would be the only employee. There would be no clients coming to her home. Proposed hours of business would be 9:00 a.m. to 5:00 p.m., Monday through Friday. Motion by F. Carpentier, seconded by D. Pomeroy to accept the application for a special permit for a home occupation for a home help service at 18 Sunrise Drive and set a public hearing for March 2, 2005 at 7:10 p.m. Unanimous.
b. Attorney Robert Uskevich, 124 &126 Waterbury Road. Pre-application Review for a Proposed Zone Change & Change in Use. Attorney Robert Uskevich reviewed a proposal to re-zone a portion of 126 Waterbury Road, currently a landlocked, rear lot, that can only be accessed from 124 Waterbury Road. Attorney Uskevich’s client, Mr. Adames, is proposing the boundary change in order to provide required parking for a proposed family-owned Mexican restaurant and a proposed single-family home on the remaining 1.4 acres of residential acreage at 126 Waterbury Road. The Commissioners discussed concerns with access for a residential home through a business parking area. Attorney Uskevich indicated that there is no way to avoid giving access to the rear lot other than through the existing business parking area. Attorney Uskevich also discussed the possibility of incorporating the front portion of the existing building into the proposed new restaurant. Chairman Hiscox stated that the applicant would need to present two separate applications: One to address the zone change and another for a change in use for the proposed restaurant. Attorney Uskevich thanked the Commissioners for their input and indicated he would be working with Mr. Adames to prepare the necessary applications.
Public Hearings:
7:22 p.m. – Herwood & Cecilia Cochran, 14 Cook Road. Application for a 2-lot Re-subdivision. The public hearing was continued from December 15, 2004. The Cochrans were not in attendance. There were no comments from the public. The hearing was continued to March 2, 2005 at 7:15 p.m.
7:25 p.m. – Prospect Estates, LLC, 66 Smoke Rise Circle. Application for a 7-Lot Subdivision – Prospect Estates (Phase I), 193 & 193R Cook Road. The public hearing was continued from January 19, 2005. Annette Lindquist, engineer for the project, stated that the Inland Wetlands Commission approved the application at their February 14th meeting and that the applicant has addressed all concerns raised by Land Tech, Inc., and Connecticut Consulting Engineers, the Town’s reviewing engineers. Chairman Hiscox read a letter dated February 17, 2005 addressed to Prospect Estates from the Corps of Engineers indicating the Corps is suspending authorization for the project until a permit is received from the Corps authorizing the proposed activities. Chairman Hiscox stated for the record that Connecticut State Statutes do not prevent the Planning & Zoning Commission from taking action on the application, however, should the Commission approve the project, the applicant would be required to obtain authorization from the Corps of Engineers before moving forward with the project. Larry Beausoleil of Prospect Estates stated that he would be meeting with the Corps of Engineers as suggested in the letter and understands that their authorization is needed to proceed with the project. Ms. Turnquist stated that there was a question regarding the amount of wetlands disturbance in the current application. Chairman Hiscox also read a letter dated February 16, 2005 from the Inland Wetlands Commission stating their approval of the application and a memo dated February 16, 2005 from Bill Donovan advising that all comments/issues that were presented by the Town’s reviewing engineers and Town staff have been satisfactorily addressed by the applicant’s engineer and those changes appear in the most recently revised set of plans dated January 31, 2005. A February 16, 2005 faxed copy of a letter dated February 15, 2005 with comments from Scott Poryanda of Connecticut Consulting Engineers was read. The applicant stated he had not received a copy of these comments, but would address them. Chairman Hiscox asked about proposed open space. Mr. Beausoleil stated that a bond could be executed for Phase I until the proposal for Phase II was submitted. The hearing was opened to comments from the public. Adele Gray, 192 Cook Road, asked for clarification of closing the public hearing and/or Planning & Zoning approval of the application if the Corps of Engineers requires changes to the proposed subdivision. There were no further comments from the public. Motion by D. Pomeroy, seconded by T. Galvin to close the public hearing for Prospect Estates, LLC, for a 7-lot subdivision at 193 & 193R Cook Road. Unanimous.
7:40 p.m. – CJN Realty, LLC, 115 Waterbury Road. Site Plan Application for a Proposed Commercial Building. The public hearing was continued from February 2, 2005. Attorney Edward Fitzpatrick and Steve Guidice, engineer with Harry E. Cole & Son represented the applicant. Attorney Fitzpatrick provided proof of notification to property owners within 200 feet of this parcel. Mr. Guidice reviewed the site plan stating that a 2.36-acre parcel was split from 113 Waterbury Road. A 14,000 square foot building is being proposed for professional offices and services on the main level and light manufacturing in the basement. The site will be serviced with an on-site septic system and city water. Mr. Guidice reviewed the storm water drainage plans stating that a portion of the proposed parking was relocated to reduce disturbance to the wetlands. An application is currently before the Wetlands Commission and Mr. Guidice is working with Chesprocott for their approval. The Commissioners questioned the applicant on the shared access for this new building and the existing residence at 113 Waterbury Road. Mr. Guidice stated that 113 Waterbury Road is currently zoned as business district. Attorney Fitzpatrick stated that a shared curb cut along Route 69 would be looked upon more favorably by the State Dept. of Transportation. Discussion was held on whether the curb cut would be in compliance with the Route 69 Corridor Plan adopted by the Dept. of Transportation. Mr. Guidice submitted a written response to comments submitted at the last meeting by Land Tech, Inc., the Town’s reviewing engineer. The applicant will work with Bill Donovan regarding proposed warehouse storage. Mr. Guidice was asked to provide a proposed architectural design for the building and possible signage. The hearing was opened to comments from the public. Trish Dyer, 113 Waterbury Road, asked whether she would be responsible for drainage on the shared driveway and also for clarification on liability with that portion of the driveway that goes over her property. Mr. Guidice explained that when the property was split, an easement was reserved to allow the proposed driveway to extend onto Ms. Dyer’s property. Mr. Guidice also stated that a “No Parking” sign could be placed along the driveway to ensure that Ms. Dyer’s access to her home would not be blocked. There were no further comments from the public. The hearing was continued to March 2, 2005 at 7:30 p.m.
8:00 p.m. – Francis & Patricia Conway, 49 Plank Road. Application for a Special Permit for a Home Occupation – Truck Dispatch Office. Chairman Hiscox read the Notice of Public Hearing as it appeared in the Republican American on February 4th & 11th, 2005 and a letter submitted by Marisa & Arthur Hammond, 52 Plank Road, stating concerns with truck traffic. Patricia Conway presented the application for a truck dispatch office that she and her husband wish to operate from their home. Trucks would not be parked at this location. Mr. Conway would be employed full time in the operations and Mrs. Conway would be employed part-time. One room would be utilized in the home for this business and the proposed hours of operation would be Monday through Friday, 8:00 a.m. to 5:00 p.m. The Conways have one black van with no lettering that would be parked in the driveway. Customers do not come to the house for any reason. Employees may sometimes come to the residence to pick up paperwork or their paychecks. Chairman Hiscox specifically stated to Mrs. Conway that no commercial trucks would be allowed at the residence, even quick visits by employees to pick up paperwork or paychecks. Mrs. Conway stated that she would not allow any commercial vehicles to come to the residence. There will be no storage of materials. No signage is allowed. The hearing was opened to comments from the public. Ron Flormann, 11 Overlook Court, stated that he didn’t have any concerns with a home office, but would not want to see any additional truck traffic. David Krikorian, 4 Boardman Drive, stated concerns with truck traffic also and asked for clarification of what this permit is for if the business already exists, citing an existing phone listing for the business. Mr. Krikorian also stated concerns with enforcement if an applicant doesn’t abide by their permit. Sandy Kane, 3 Overlook Court, asked the applicant how could a trucking company run without handing out paperwork. Mrs. Conway stated that they communicate with the drivers by phone. There were no further comments from the public. Motion by T. Galvin, seconded by D. Pomeroy to close the public hearing for Francis & Patricia Conway, 49 Plank Road, for a special permit for a home occupation for a truck dispatch office. Unanimous. Bill Donovan will be asked to prepare a Draft Resolution of Approval for the next meeting.
New Business:
c. Toll Brothers, Inc., 53 Church Hill Road, Newtown, CT. Proposed Amendment to the Regulations – Elderly Housing. Attorney Edward Fitzpatrick, representing the applicant, stated that his client has not fully prepared the proposed text changes and requested that this item be carried on the next agenda.
d. Blight Ordinance. The Commissioners discussed whether there is a need for an ordinance of this type. Joe Commendatore of the Prospect Town Council stated that he had contacted surrounding communities similar in size to Prospect and has not found any to have a blight ordinance. Attorney Edward Fitzpatrick advised the Commissioners that the Borough of Naugatuck has an ordinance that has proven to be effective. Discussion was held on enforcement issues, but overall the Commissioners were in favor of the Town Council moving forward with a blight ordinance.
Old Business:
a. Amendment to Prospect Zoning Regulations – Storage Pods & Technical Changes. The Commissioners reviewed proposed changes/additions to Zoning & Subdivision Regulations as prepared by Bill Donovan. T. Galvin asked whether any language should be added limiting the height of a “flag pole”. Due to Bill’s absence, no action was taken regarding the proposed changes. Discussion will be held at the next meeting.
Land Use Inspector’s Report: Bill Donovan was not in attendance.
Public Participation: None
Motion by D. Pomeroy, seconded by T. Galvin to adjourn the meeting at 8:40 p.m. Unanimous.
Robert Hiscox
Robert Hiscox, Chairman