Planning & Zoning Commission

Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Donald Pomeroy and Thomas Galvin
Alternates Present: Alexander Delelle (7:07)
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Francis Carpentier (Alt.) and Anthony Parrella (Alt.)<

Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.

Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the May 18, 2005 meeting as amended. Four votes in favor with one abstention. Motion Carried.

Correspondence:
1. Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter – Spring 2005.
2. The Pipeline Group, Midwest, Inc. – Notice of Safety Presentation on Damage Prevention Related to Excavation Activities.

>Motion by D. Pomeroy, seconded by G. Graveline to accept the correspondence. Unanimous.

Public Participation: None

Old Business:

New Business:
a. Prospect Board of Recreation (See Page 2)

b. Robert & Mark Capanna, 145A Summit Road. Application for an Earth Excavation Permit Under Section 4.11. Robert & Mark Capanna submitted pictures of their property at 145A Summit Road stating that they would like to process and haul away the existing stockpile of material as well as clear some of the large surface rocks on the property. The Capannas reviewed a site map of the property indicating that the excavation and processing would take place approximately 1,200 feet from the roadway. The contour of the property would not be changed and there will be no blasting. Robert Capanna stated that at the very most there would be 20 truck trips per day. Chairman Hiscox stated that should the permit be granted the Capannas need be mindful of the neighbors concerns with truck traffic in the area and keep the number of trips per day as limited as possible. T. Galvin questioned whether additional materials would be brought onto the property. Robert Capanna stated that any additional material brought in would be less than 400 yards. Silt fencing is in place along the boundaries of the property. Hours of operation would be 7:00 a.m. to 6:00 p.m., no Sundays or holidays. Bill Donovan asked if any equipment would be stored on site. Robert Capanna stated that a limited amount of equipment necessary for processing of material would be stored on site. Trucks would be parked off site. Chairman Hiscox noted that the work being proposed would eventually take place as part of future development of the site. The Commissioners determined that, if the earth excavation permit were approved, Bill Donovan would be requested to conduct a six-month review and the Planning & Zoning Commission would conduct a formal review at the end of one year. Motion by T. Galvin, seconded by D. Pomeroy to accept and approve the application submitted by Robert & Mark Capanna for earth excavation under Section 4.11(3.1) for property located at 145A Summit Road as presented. Unanimous.

Public Hearings:
7:15 p.m.– Richard Ricci, 686 Northfield Road, Northfield, CT. Application for a Special Permit Including Aquifer Protection Approval for an Automotive Repair Facility – 9 Gramar Avenue. Chairman Hiscox read the “Notice of Public Hearing” as it appeared in the Waterbury Republican American on May 20th & 27th, 2005. Chairman Hiscox also acknowledged required notification to the Connecticut Water Company and the Connecticut Department of Environmental Protection Hazardous Waste Management Unit and Water Compliance Unit. Proof of notification to abutting property owners was submitted. Chairman Hiscox read a letter from Glenn Noble, Managing Agent for N & N Realty, authorizing Richard Ricci to present the application for an automotive repair business at their property located at 9 Gramar Avenue. Mr. Ricci presented the application stating there is no proposed bodywork and there would be no outside storage. The Commissioners reviewed proposed parking, the dumpster area and storage and disposal of waste products. Chairman Hiscox reviewed best management practices required by the Connecticut Water Company as stated in their letter dated May 27, 2005. There were no comments from the public. Bill Donovan stated the location of the nearest public drinking supply was approximately 2,500 feet from the proposed business. Mr. Ricci stated that any stormwater runoff from the parking area would flow towards the building and away from the surfaced roadway. There are no drains in the floor of the building. Motion by G. Graveline, seconded by A. Havican to close the public hearing for an automotive repair facility proposed for 9 Gramar Avenue. Unanimous. Motion by G. Graveline, seconded by T. Galvin to approve the application for a special permit including aquifer protection approval for an auto repair facility for property located at 9 Gramar Avenue. Unanimous. Chairman Hiscox noted that in granting this Special Permit, the Planning & Zoning Commission wished to state for the record that, in the Commission’s judgment, the auto repair facility complies with Section 12.10 – Special Findings of the Prospect Zoning Regulations.

New Business: continued
a. Prospect Board of Recreation, 36 Center Street. Site Plan Amendment for Construction of Restroom and Storage Building. Bill Sereduck of the Prospect Board of Recreation and Chris Moffo, Recreation Director, reviewed an updated map of Hotchkiss Field Park and described a proposed pre-cast concrete building for restrooms and storage at the park. The proposed 31’ x 21’ self-contained building will be completely covered. Chesprocott approval has been received. Chairman Hiscox questioned a gate located on the new fencing at the park located near the Eye Care Associates property asking whether the gate remained locked to keep the public from entering from the neighboring business. Chris Moffo stated he would check on the status of the gate and report back to Bill Donovan. The Commissioners requested that a copy of the updated map for the park be provided to Bill Donovan to have on file. Motion by T. Galvin, seconded by D. Pomeroy to approve the site plan amendment for a restroom and storage building for Hotchkiss Field as presented. Unanimous.

Public Hearings:
7:37 p.m. – Diane Hamelin, 192 Straitsville Road. Petition to Amend the Zoning Regulations to Add Canine Day Care as a Permitted Use in a Business Zone. The public hearing was continued from May 18, 2005. Chairman Hiscox noted that the Commissioners had received names and addresses of other canine day care facilities as requested at the previous meeting, however he had not had the opportunity to visit any of the locations as of yet. Diane Hamelin stated that in reviewing her request for an amendment she would like to add that a canine day care also be permitted in an Industrial-(1) and Industrial-(2) zone, the same as a veterinary hospital establishment. Chairman Hiscox explained that amending the petition at this time would not be appropriate due to notification procedures. Chairman Hiscox further explained that a new petition could be proposed this evening and if accepted by the Commission, a public hearing could be scheduled for the next meeting. Mrs. Hamelin stated that she wished to withdraw her current request for an amendment to the Regulations. The petition is withdrawn.

Motion by T. Galvin, seconded by D. Pomeroy to accept the petition for a proposed amendment to Prospect’s Zoning Regulations to add canine day care as a permitted use in a Business Zone, Industrial(1) Zone or Indusitrial(2) Zone by special permit and set a public hearing for June 15, 2005 at 7:15 p.m. Unanimous. Bill Donovan stated that sufficient fees were previously collected from Diane Hamelin to cover costs associated with the new petition for an amendment to the Regulations. The Commissioners agreed that no additional fees would be charged for this proposed amendment.

7:47 p.m. – Andrew Adames, 41 Punkup Road, Oxford, CT. Change of Zone Designation from Residential to Business for a Portion of 124 Waterbury Road. Chairman Hiscox read the “Notice of Public Hearing” as it appeared in the Republican American on May 20th & 27th, 2005 as well as a letter from property owner, Sally Calabro appointing Andrew Adames and Attorney Robert Uskevich as her agents in presenting this application. Attorney Robert Uskevich reviewed a map showing the proposed zone change for a portion of a land-locked parcel at 124 Waterbury Road. The proposed new business zone would abut to 126 Waterbury Road, currently zoned as business. Attorney Uskevich stated that if the zone change is approved, a lot line revision would be made to adjust the property boundaries to have the business zone exclusively within 126 Waterbury Road and keep the remainder of 124 Waterbury Road as residential. The remaining portion of 124 Waterbury Road would be approximately 61,000 square feet and an easement would be provided over 126 Waterbury Road to access 124 Waterbury Road. The hearing was opened to the public for comments. George & Donna Marlak, 8 Maria Hotchkiss Road, are opposed to the change, citing concerns for their water supply, noise and odors that already pollute the air from existing businesses in the area. John & Joan Altmann, 10 Maria Hotchkiss Road, are opposed citing noise and lighting issues that already exist in the neighborhood with the golf driving range. Mr. Altmann stated the current owner’s mother had previously wanted to change the zone designation of this property many years ago and her request was denied. Mr. Altmann stated there is no pressing community need to change this property and disrupt their residential neighborhood. Yvonne Collette, 20 Maria Hotchkiss Road, agreed with the Altmanns. Marie Delage, 16 Nancy Mae Avenue, spoke in favor of the zone change stating the front lot was previously a restaurant years ago and was not disruptive to the neighbors. Anthony Calabro, 130 Waterbury Road, spoke in favor of the zone change stating there are several areas along Route 69 where business properties abut residential properties. The Commissioners briefly discussed minutes from 1985 regarding a zone change request for this property. G. Graveline questioned Attorney Uskevich regarding a second option for a proposed lot line revision in an effort to reduce the effect on the residential properties abutting this parcel. There were no further comments from the public. The hearing was continued to June 15, 2005 at 7:30 p.m.

New Business: continued.
c.Amendment to Zoning Regulations Regarding Unregistered Motor Vehicles and Home Occupation Permits. The Commissioners reviewed a memo dated June 1, 2005 prepared by Bill Donovan regarding an amendment to Section 5.3.3: (5.3.3.1 & 5.3.3.2) – Junk Vehicles, Unregistered Vehicles, Vehicles Involved in Restoration and Section 5.4.6.2 – Home Occupation: Application Requirements and Conditions. Bill Donovan had questioned the Commissioners at the previous meeting regarding the wording in the Regulations that seems to allow an unlimited number of unregistered vehicles to be kept on a property at one time if there is no restoration work being performed or if they are all road worthy. The Commissioners had instructed Bill to propose language to clarify the Regulations to place limits on the total number of unregistered vehicles allowed on a property at one time. The proposed added Section 5.3.3.3 read “A maximum of two unregistered vehicles, mechanically and bodily sound to be fit for highway use, may be kept on a lot for not more than two (2) years when those vehicles are owned by a member of the household. It will be the homeowners’ responsibility to demonstrate the roadworthiness of the vehicles upon request and title of ownership must be readily available for inspection.” After discussion the Commissioners determined that no more than one (1) unregistered “road worthy” vehicle should be allowed to remain on a property indefinitely with no more than two (2) unregistered vehicles, whether junk vehicle, road worthy or under restoration, allowed at one time on a property. Bill Donovan will revise the proposed amendment for further discussion at the next meeting. Bill also stated that he has had an inquiry regarding allowing more than one (1) home occupation at the same property. The question asked was could two different home occupations be allowed if both home occupations occurring simultaneously would not impact the neighborhood in any negative way or exceed the 30 percent maximum area of the house that can be utilized for one home occupation. The Commissioners were not in favor of proposing an amendment to the Regulations regarding home occupations.

Land Use Inspector’s Report:Chairman Hiscox read a letter from Bill Donovan and Gene McCarthy, Assistant Director of Public Works recommending a full bond release for Hankey Estates Subdivision. Motion by D. Pomeroy, seconded by A. Havican to release the total bond for Hankey Estates Subdivision, Fieldstone Drive, as recommended by Bill Donovan and Gene McCarthy. Unanimous. Chairman Hiscox read a second letter from Bill Donovan and Gene McCarthy recommending a full bond release for Straitsville Reserve, 80 Straitsville Road. Motion by G. Graveline, seconded by A. Havican to release the total bond for Straitsville Reserve Subdivision, 80 Straitsville Road, as recommended by Bill Donovan and Gene McCarthy. Unanimous. Bill reported that he has issued four Cease & Desist orders; 40 Summit Road for unregistered motor vehicles, Service Master for an outdoor storage container, 74 Plank Road for outdoor storage and 45 Woodcrest Drive for a recreational trailer. Chairman Hiscox asked that Service Master be placed on the June 15th agenda under “Old Business” to discuss revoking the home occupation permit. Bill encouraged each of the Commission members to help get the word out on the public workshop scheduled for June 8th at 7:00 p.m. regardng extension of sanitary sewers. The Commissioners discussed zoning violations at 368 Matthew Street, 170 Summit Road, 80 Matthew Street and St. Anthony’s Church. Bill had previously sent a Cease & Desist to the Church and will follow up with a fine in accordance with the ordinance. Chairman Hiscox asked Bill to prepare an updated enforcement log for discussion at the June 15th meeting. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector’s Report. Unanimous.

Public Participation: Linda Henaghan, 20 Platt Drive, questioned if a permit is necessary for a coffeehouse to offer entertainment as advertised in the current issue of the Prospect Pages. The Commissioners indicated that special events are allowed to promote business. Barbara Bragg, 12, Rozum Circle, reported that people are still going into the self-storage facility on Industrial Road after 10:00 p.m. Bill Donovan will look into the matter.

Motion by T. Galvin, seconded by D. Pomeroy to adjourn the meeting at 9:35 p.m. Unanimous.

Robert Hiscox
Robert Hiscox, Chairman