July 6, 2005
Board Members Present: Robert Hiscox and Alan Havican Alternates Present: Alexander Delelle Others Present: Bill Donovan, Land Use Inspector Members Absent: Gil Graveline, Donald Pomeroy, Thomas Galvin and Anthony Parrella (Alt.)
Chairman R. Hiscox called the meeting to order at 7:20 p.m. The meeting was taped. A. Delelle was seated for T. Galvin.
Approval of Minutes: Motion by A. Havican, seconded by A. Delelle to approve the minutes of the June 15, 2005 meeting as presented. The Vote was 2-0 in favor with 1 abstention. Motion Carried.
Correspondence:
Chairman Hiscox asked if the site development bond for Prospect Estates included the open space fees for both phases of the subdivision. Bill Donovan will check with the Town Attorney. Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
Public Hearings: 7:25 p.m. – Doris Primus, 33 Union City Road. Special Permit Application for a Tanning Salon. Chairman Hiscox read the Notice of Public Hearing as it appeared in the Republican American on June 24th and July 1st, 2005. Property owner Robert Pinto was in attendance. Doris Primus submitted proof of notification to abutting property owners and distributed copies of her business plan for “Daytona Tanning & Nails, Inc.” Chesprocott has approved the application noting one employee and no public restroom. Mrs. Primus explained that she wants to provide high end tanning services to Prospect residents. The State of Connecticut doesn’t require a license for such services, however, Mrs. Primus stated that her staff would be required to obtain tanning certification through “Smart Tan”. Chairman Hiscox stated that he had no other concerns regarding the location or type of business. There were no comments from the public. Motionby A. Havican, seconded by A. Delelle to close the public hearing for a special permit for a tanning salon at 33 Union City Road. Unanimous. Motion by A. Delelle, seconded by A. Havican to approve the special permit application for a tanning salon at 33 Union City Road. Unanimous. It was stated for the record that in the Commission’s judgment the application for a special permit for a tanning salon complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.
Old Business: See Page 2.
New Business: c. Prospect Resource Group, Hamden, CT. Proposal to Amend the Plan of Development – Extension of Sanitary Sewer Service. Dick Harrall, Harrall-Michalowski Associates, represented the applicant and explained that the proposed amendment to the Plan of Conservation and Development has been discussed extensively at workshops and previous meetings and asked that the proposal be accepted and a public hearing be set in the near future. Chairman Hiscox read the proposed amendment into the record and stated that referral needs to be made to the Regional Planning Agencies, the Prospect Town Council and the Prospect Water Pollution Control Authority for comments. Motion by A. Havican, seconded by A. Delelle to accept the proposal to amend the Plan of Conservation and Development to modify existing statements of policy in relation to sanitary sewer service and set a public hearing for August 17, 2005 at 7:15 p.m. Unanimous.a. Cherlyn Budnik, 49 Heritage Drive. Special Permit Application for a Home Occupation for Landscape Design. Cherlyn Budnik presented the application explaining she is seeking to be allowed a home office for providing landscape designing for clients. There will be no customers coming to her home and there is no need for truck deliveries. Mrs. Budnik will work with Bill Donovan to properly notify abutting property owners. Motion by A. Havican, seconded by A. Delelle to accept the special permit application for a home occupation for landscape design for property located at 49 Heritage Drive and set a public hearing for July 20, 2005 at 7:10 p.m. Unanimous.
b. Pedro Panora, 33, Union City Road. Request for a Change in Use – Delicatessen. Pedro Panora presented the application for a delicatessen to be located at the former video store site at 33 Union City Road. The property owner Robert Pinto was in attendance. Chesprocott has accepted the application for a take-out deli in a letter dated July 6, 2005, provided that 1) The septic system be modified to support the suspected water use and necessary permits and inspections must be sought in accordance with State Public Health Code; 2) A sanitary survey must be performed by the Dept. of Public Health; 3) Required water testing for the well must be agreed upon; 4) Steps to ensure water conservation must be taken; 5) Water meter readings must be submitted weekly to Chesprocott; 6)The deli will have NO public restrooms; and 7) The septic system has been evaluated using 140 gallons per day as average water use by the deli. Mr. Panora and Mr. Pinto indicated that they are working with Chesprocott to meet the provisions of approval. This will be a full service take out deli, including cooking. Hours of operation will be Monday through Friday, from 6:00 a.m. to 6:00 p.m. There will be no tables or chairs provided for patrons. Motion by A. Delelle, seconded by A. Havican to accept and approve the request for a change in use to a delicatessen for property located at 33 Union City Road contingent on final approval by Chesprocott. Unanimous.
d. Robert & Mark Capanna, 100 Scott Road. Special Permit Application for General Contracting, Construction of Industrial Building and Processing & Stockpiling of Earth Material. Chairman Hiscox read a letter from William David Stafford, property owner of 100 Scott Road, giving permission for Robert & Mark Capanna to act on his behalf for this application. Robert and Mark Capanna stated that they are proposing to construct an industrial building, park heavy equipment on the site and process earth material at the rear portion of the property. The property is currently zoned Industrial (2) and abuts property to the north that is zoned commerce park. The Capannas asked that the Commission consider allowing a 25-foot sideline setback on the northerly side the proposed building where this property abuts a parcel zoned as commerce park. Bill Donovan explained that due to extensive wetlands on the commerce park parcel, this is a unique situation where the Planning & Zoning Commission could approve the proposed building to be located within the 100-foot buffer without requiring a variance from the Zoning Board of Appeals. The Inland Wetlands Commission has approved the site plan for regulated activities. Motion by A. Havican, seconded by A. Delelle to accept the special permit application for general contracting, construction of an industrial building and to allow processing and stockpiling of earth material for property located at 100 Scott Road and set a public hearing for July 20, 2005 at 7:15 p.m. Unanimous.
e. John Schieffer, 15 Kluge Road. Application for Earth Excavation, Deposition & Grading Activities Under Section 4.11. Chairman Hiscox read a letter from Marie Kluge, property owner of 15 Kluge Road, giving permission for John Schieffer to perform excavation work on her property. John Schieffer reviewed a site plan map and indicated that he has received Inland Wetlands approval. Mr. Schieffer is proposing to deposit in excess of 400 cubic yards of material and restore an existing pond at the corner of Route 69 and Kluge Road. The property is in a business zone. Motion by A. Delelle, seconded by A. Havican to accept and approve the application for earth excavation, deposition and grading activities under Section 4.11 for property located at 15 Kluge Road. Unanimous.
f. Edward Hankey, 39 Fieldstone Drive. Application for Subdivision Lot Approval. Edward Hankey, developer of Hankey estates stated that with the original subdivision approval, Lot 8 was deemed “not an approved lot until further soil testing by Chesprocott Health District confirms septic system suitability.” Mr. Hankey provided a site plan map with Chesprocott approval dated June 21, 2005 for Lot 8. Chairman Hiscox reviewed the original approval from Chesprocott and the Resolution of Approval for Lots 1-7. Chairman Hiscox noted for the record that approval of this application would deem Lot 8 an approved subdivision lot within the Hankey Estates Subdivision. A new Mylar map will be prepared and properly recorded with the Prospect Town Clerk. Motion by A. Havican, seconded by A. Delelle to accept and approve the subdivision application for Lot 8 as a subdivision lot within the Hankey Estates Subdivision. Unanimous.
Old Business: a. Diane Hamelin, 192 Straitsville Road. Petition to Amend the Zoning Regulations to Add Canine Day Care as a Permitted Use in a Business Zone, Industrial (1) or Industrial (2) Zone. Chairman Hiscox asked Bill Donovan to prepare for discussion at the next meeting a Draft Amendment to the Zoning Regulations to add canine day care as a permitted use in an Industrial (1) or Industrial (2) Zone. Chairman Hiscox acknowledged that there seems to be a growing need for this type of service however stated his reservations in permitting this type of use in a Business Zone due to concerns with the ability to monitor noise associated with barking dogs. The Commissioners in attendance agreed that discussion on approval of this application should be held at the next meeting when a full Commission could be present to give input.
b. Andrew Adames, 41 Punkup Road, Oxford, CT. Change of Zone Designation from Residential to Business for a Portion of 124 Waterbury Road. The Commissioners reviewed a proposed motion to approve the zone change on 124/126 Waterbury Road as prepared by Bill Donovan. The motion would require that “The zone change will be effective five (5) days after the date of the filing by the Applicant of a Lot Line Revision Map of 124 and 126 Waterbury Road which will reflect that 124 Waterbury Road is entirely within the RA1 Zone and 126 Waterbury Road is entirely within the Business Zone.” The Commissioners acknowledged the concerns stated at the public hearing by the abutting property owners, however noted that the proposed change does comply with the Town’s Plan of Conservation and Development and would be in harmony with other properties along Route 69. Chairman Hiscox noted that abutting owners concerns could be addressed under consideration of any future site plan applications for this location. Motion by A. Havican, seconded by A. Delelle to approve the application of Andrew Adames for property owned by Sally Calabro at 124 Waterbury Road to rezone a portion of said property from Residential (RA1) to Business District (B). The zone change will be effective five (5) days after the date of the filing by the applicant of a lot line revision map of 124 and 126 Waterbury Road which will reflect that 124 Waterbury Road is entirely within the RA1 Zone and 126 Waterbury Road is entirely within the Business Zone. Unanimous.
c. Amendment to Prospect Zoning Regulations – Unregistered Motor Vehicles. Bill Donovan stated he has not completed making recommended changes as discussed by the Commissioners at the June 1st meeting. The Commissioners directed Bill to prepare formal language for a public hearing on July 20th. Motion by A. Havican, seconded by A. Delelle to set a public hearing on July 20, 2005 at 7:30 p.m. for an amendment to Prospect Zoning Regulations to limit the number allowed unregistered motor vehicles fit for the road on any given property. Unanimous.
Land Use Inspector’s Report:
Public Participation: Hank Berberat of Tesco Rentals asked to be added to the agenda for the purpose of presenting a request for a change of zone at 99 Union City Road. Motion by A. Havican, seconded by A. Delelle to add to the agenda under New Business an application for a change of zone designation from Industrial to Residential for property located at 99 Union City Road. Unanimous.
New Business: g. Tesco Rentals, LLC, 87 Union City Road. Application for a Change of Zone Designation from Industrial (1) to Residential – 99 Union City Road. Hank Berberat submitted the application for a zone change from Industrial (1) to Residential for property owned by Rita Stawarz, Lori Soden and Diane Randolph. Chairman Hiscox read a letter from Attorney Edward Fitzpatrick, stating he was representing the contract purchaser of 99 Union City Road. Chairman Hiscox noted that the property owners need to give permission for the application to be presented. Mr. Berberat stated that Attorney Fitzpatrick is representing the property owners in this matter as well, and he would provide the Commission with proper documentation prior to the public hearing. The Commissioners reviewed the location of the proposed zone change with Mr. Berberat. Motion by A. Havican, seconded by A. Delelle to accept the application for a change of zone designation for 99 Union City Road from Industrial (1) to Residential and set a public hearing for August 3, 2005 at 7:10 p.m. Unanimous.Motion by A. Havican, seconded by A. Delelle to adjourn the meeting at 8:20 p.m.Unanimous.
Robert Hiscox Robert Hiscox, Chairman