Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, and Thomas Galvin
Alternates Present: Francis Carpentier
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Donald Pomeroy, 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 D. Pomeroy.
Approval of Minutes: Motion by T. Galvin, seconded by A. Havican to approve the minutes of the February 16, 2005 meeting as presented. Unanimous.
1. Council of Governments of the Central Naugatuck Valley 2003-2004 Annual Report.
2. Regional Planning Commission of the Council of Governments of the Central Naugatuck Valley Minutes of Meeting held November 9, 2004.
3. Invoice Dated February 11, 2005 from Land-Tech Consultants, Inc., for Professional Services Rendered in Reference to 115 Waterbury Road.
4. Council of Governments of the Central Naugatuck Valley Notice of Workshop – Conn. Stormwater Quality Manual Training, New Guidance for Protecting Water Quality.
Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous. Motion by T. Galvin, seconded by G. Graveline to pay Land-Tech Consultants, Inc., for professional services rendered for review of 115 Waterbury Road in the amount of $835.00. Unanimous.
Public Participation: None>/p>
a. Prospect Estates, LLC, 66 Smoke Rise Circle. Application for a 7-Lot Subdivision – Prospect Estates (Phase I), 193 & 193R Cook Road. The public hearing on this application was closed on February 16, 2005. The Commissioners reviewed the Draft Resolution of approval as prepared by B. Donovan. B. Donovan noted Item #7, stating it is the applicant’s responsibility to obtain all permits from the Army Corp. of Engineers, Dept. of Environmental Protection and Chesprocott Health District as may be required with this project. Chairman Hiscox asked about open space fees. B. Donovan reviewed an estimated appraisal of the total acreage of Phase I and Phase II of this project as prepared by Deborah Ridolfi of Pavlik Real Estate. Based on Mrs. Ridolfi’s calculations an amount of $61,300.00 would be included in the site development bond as the fee in lieu of open space until the second phase of this project is brought forward. Discussion was held on the calculation of fees. Chairman Hiscox clarified that the Commission will be considering the potential of taking designated open space land within the Phase II project that would take into account the total 10% area of both Phase I & Phase II. Motion by T. Galvin, seconded by G. Graveline to approve the Draft Resolution of Approval for Prospect Estates Subdivision, Section I, as presented noting that the site improvement bond will include an amount of $61,300.00 to cover the full amount of open space fee as discussed. Unanimous.
7:20 p.m. – William & Barbara Moroz, 18 Sunrise Drive. Application for a Special Permit for a Home Occupation – Home Help Service. Chairman Hiscox removed himself during this public hearing, as he is an abutting owner. Vice Chairman Graveline read the Notice of Public Hearing as it appeared in the Republican American on February 18th and February 25, 2005. Barbara Moroz submitted proof of notification of abutting owners and presented her application for an office only to be located at her home to provide services to aid elderly people or new moms with daily chores, transportation and companionship. Mrs. Moroz would be the only employee working from her home. Any additional employees would report directly to the client’s home and mail pay slips through a post office box. There would be no clients coming to her home. Proposed hours of operation would be 9:00 a.m. to 5:00 p.m., Monday through Friday. The hearing was opened to the public for comments. Terrence Coyle, 23 Laurel Lane, stated he would be opposed to a home business in this residential neighborhood, as it would set a precedent for home businesses there. He also stated concerns with revoking permits when applicants do not comply with the conditions of approval. Jeff Slapikas, 51 Royal Crest Drive, corrected Mr. Coyle stating that there are a lot of homeowner’s with businesses in that neighborhood that do not disrupt the residential character. Loretta Chillemi, 5 Sunrise Drive, stated she would not be opposed to this home business as long as it remained as Mrs. Moroz described the home office and questioned the Commission as to how home businesses are monitored. There were no further comments from the public. Motion by T. Galvin, seconded by F. Carpentier to close the public hearing for a special permit for a home occupation for a home help service for William & Barbara Moroz at 18 Sunrise Drive. The vote on the motion was 4 – 0 in favor with R. Hiscox abstaining. Motion Carried. The Commissioners reviewed the application. It was noted for the record that in the Commission’s judgement, the subject project complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations. Motion by A. Havican, seconded by T. Galvin to approve a special permit for a home occupation for a home help service at 18 Sunrise Drive. The vote on the motion was 4 – 0 in favor. R. Hiscox abstained. Motion Carried.
7:34 p.m. – Herwood & Cecilia Cochran, 14 Cook Road. Application for a 2-lot Re-subdivision. The public hearing was continued from December 15, 2004. Chairman Hiscox read a memo dated February 17, 2005 from Herwood & Cecilia Cochran withdrawing their re-subdivision application. The application is withdrawn.
7:35 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. Chairman Hiscox read comments received from the City of Waterbury, Bureau of Water, dated February 15, 2005 and additional comments received from Land-Tech Consultants, Inc., the Town’s reviewing engineer, dated March 2, 2005. Steve Guidice of Harry E. Cole & Son, the applicant’s engineer, stated that Land-Tech’s comments would be addressed. Attorney Edward Fitzpatrick, representing the applicant, gave a recap of the proposed professional building and discussed with the Commissioners the Connecticut D.O.T. Route 69 Corridor Study. Architectural drawings with proposed signage were presented as requested at the previous meeting. Discussion was held on access to a residential home going through a commercial driveway.The hearing was opened to comments from the public. Trish Dyer, 113 Waterbury Road, stated her concerns with liability should an accident occur within the easement area of the shared driveway. Ms. Dyer was referred to her insurance agent or attorney. Ron Moscariello, 44 Roaring Brook Road, asked about drainage from Ms. Dyer’s property crossing over the shared driveway. Mr. Guidice stated that the applicant would be willing to discuss piping drainage from Ms. Dyer’s property to tie into the drainage system for the new building. B. Donovan stated that the applicants are currently before the Inland Wetlands Commission and that the Wetlands Commission has also received a copy of the letter read earlier from the City of Waterbury. There were no further comments from the public. Motion by T. Galvin, seconded by G. Graveline to close the public hearing for CJN Realty, LLC, for a proposed commercial building at 115 Waterbury Road. Unanimous. B. Donovan will prepare a Draft Resolution of Approval for the next meeting.
b. Francis & Patricia Conway, 49 Plank Road. Application for a Special Permit for a Home Occupation – Truck Dispatch Office. The public hearing was closed on February 16, 2005. The Commissioners reviewed the Draft Resolution of Approval as prepared by Bill Donovan. Discussion was held regarding commercial vehicles associated with the business. No commercial trucks exceeding 11,000 pounds gross weight that are associated with this business are permitted on the property at any time. The Conway’s have a black van with no markings parked at their residence. It was noted for the record that in the Commission’s judgement, the subject project complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations. Motion by T. Galvin, seconded by G. Graveline to approve the Draft Resolution of Approval as presented for a special permit for a home occupation for a truck dispatch office at 49 Plank Road. The vote on the motion was 4 – 0 in favor. F. Carpentier abstained. Motion Carried.
c. Amendment to Prospect Zoning Regulations – Storage Pods & Technical Changes. The Commissioners discussed the Proposed Changes/Amendments to Zoning & Subdivision Regulations as presented by Bill Donovan. Bill will make recommended additions and deletions as discussed by the Commissioners. A public hearing will be scheduled.
a. Toll Brothers, Inc., 53 Church Hill Road, Newtown, CT. Proposed Amendment to the Regulations – Elderly Housing. Attorney Edward Fitzpatrick, representing Toll Brothers, Inc., submitted a proposal for changes to the following Elderly Housing Regulations: Section 4.1.3 & 22.214.171.124(b) for a decrease in the percentage of the number of dwelling units dedicated as affordable housing; Section 4.1.3, regarding the definition of “Affordable Housing”; Section 4.14, regarding three bedroom units; and Section 126.96.36.199, regarding reduction in the offset of exterior walls in any building. Motion by A. Havican, seconded by G. Graveline to accept the application for proposed text changes to Prospect’s Zoning Regulations, Section 4.1 – Elderly Housing, as submitted by Attorney Edward Fitzpatrick and set a public hearing for April 6, 2005 at 7:15 p.m. Unanimous.
Motion by T. Galvin, seconded by G. Graveline to set a public hearing on April 6, 2005 at 7:30 p.m. for proposed changes/amendments to the Town’s Zoning and Subdivision Regulations as recommended by the Planning & Zoning Commission. Unanimous.
Land Use Inspector’s Report:
a. Zoning Enforcement. Bill Donovan reported that he has issued one citation for junk vehicles on Clark Hill Road and one for a canvas hut on Union City Road. A copy of a letter sent to Mayor Chatfield regarding enforcement regarding a pool cover on Talmadge Hill Road was discussed. Chairman Hiscox questioned Bill regarding the Capanna property on Summit Road. Bill stated that the equipment on the site is being utilized to clear out that particular site. Chairman Hiscox also questioned Bill on the day care center at 105 Waterbury Road regarding a fence that is blocking emergency access. Bill stated that he has inquired about the fence in the past and was told that the fence has a gate for emergency access. Chairman Hiscox felt that the play area was not in accordance with the approved site plan and asked Bill to follow up again on this issue. The Commissioners discussed the number of vehicles again being parked at 40 Summit Road and directed Bill to issue a cease and desist order. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: Joe Commendatore of the Prospect Town Council stated that the Ordinance Sub-committee was meeting on March 15, 2005 at 6:45 p.m. to discuss a blight ordinance and stated that comments or suggestions from the Planning & Zoning Commissioners would be welcomed.
Motion by G. Graveline, seconded by T. Galvin to adjourn the meeting at 9:25 p.m. Unanimous.
Robert Hiscox, Chairman