Chairman R. 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 D. Pomeroy, seconded by T. Galvin to approve the minutes of the April 20, 2005 meeting as presented. The vote on the motion was 3-0 in favor with R. Hiscox and A. Delelle abstaining. Motion Carried.
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: Mayor Robert Chatfield updated the Commission on a condition of sale of the convalescent home on Summit Road. Mayor Chatfield stated that the new owners are required to bring city water down Summit Road to the convalescent home at the owners’ expense. Mayor Chatfield also spoke on concerns with new large subdivisions and the availability of water and indicated that a committee will be formed to investigate the possibility of requiring adequate water supply to new homes in large subdivision. Chairman Hiscox stated that Planning & Zoning had inquired as to whether the Regulations could require a developer to guarantee sufficient water supplies in proposed subdivisions. The legal opinion received was that the Planning & Zoning Commission could not include such a condition in a subdivision application. Chairman Hiscox further stated that the Planning & Zoning Commission would work with the Mayor to do whatever could be done legally to ensure sufficient, potable water for future subdivisions. Mayor Chatfield briefly reviewed his request for approval under Section 8-24 for the proposed water main extension on Cambridge Drive and Ivy Terrace listed on the agenda under “New Business”. Letters were attached to the application from residents on Cambridge Drive and Ivy Terrace documenting the water problems in their neighborhood. There was no further public participation.
Old Business:See Page 3
New Business: a. Mark & Joan Chevrier, 215 Cheshire Road. Site Plan Amendment – Permanent Structure. Mr. & Mrs. Chevrier had not arrived yet. [See Page 2].
b. Alex & Angela Fedorka, 15 Elaine Court. Application to Keep Chickens Per Section 4.7. Chairman Hiscox stated that Bill Donovan had issued a zoning permit for Mr. & Mrs. Fedorka to keep chickens at their residence at 15 Elaine Court before realizing that Planning & Zoning approval is required. Appropriate fees have been paid. Alex Fedorka stated that his property is an interior lot on Elaine Court with more than three acres and reviewed his hand drawn plot plan for the Commission. Mr. Fedorka currently has nine chickens and one rooster. It was noted for the record that Mr. Fedorka sent a letter to his abutting neighbors informing them of his application. The Commissioners reviewed Section 4.7 with Mr. Fedorka and asked whether the rooster was loud. Mr. Fedorka stated that the rooster was not loud at all. Chairman Hiscox stated that if neighbors began complaining about the rooster, Mr. Fedorka would be required to address those complaints. Motion by T. Galvin, seconded by D. Pomeroy to accept and approve the application submitted by Alex & Angela Fedorka to keep chickens per Section 4.7 of the Regulations at property located at 15 Elaine Court. Unanimous.
Public Hearings: 7:15 p.m. – Sean Galvin, 27 Rockridge Terrace. Application for a Special Permit for a Home Occupation – Lawn Maintenance and Snow Plowing. T. Galvin removed himself from this portion of the meeting. Chairman Hiscox read the notice of public hearing as it appeared in the Republican American on April 23rd & 29th, 2005. Sean Galvin stated that he would be the only employee with one pickup truck and a snowplow. There will be no outside storage and there will be no storage of chemicals or fertilizers. There is no signage associated with the business other than on the pickup truck. Proposed hours of operation are 8:00 a.m. to 6:00 p.m. The hearing was opened to comments from the public. David Byrne, 23 Rockridge Terrace, read a letter signed by him and his wife, Maryanne, indicating that they had no opposition to the home occupation as presented, but would have concerns if the business expanded. Mr. Byrne stated that if the scope of the business changed with additional vehicles, multiple employees or construction for storage of equipment and supplies that the business should not be allowed to remain in a residential neighborhood. Chairman Hiscox stated that any changes to the business from what has been presented would require Planning & Zoning approval. There were no further comments from the public. Motion by D. Pomeroy, seconded by G. Graveline to close the public hearing for a special permit for a home occupation for a lawn maintenance and snow plowing business at 27 Rockridge Terrace. Unanimous. Motion by G. Graveline, seconded by A. Delelle to approve the application for a special permit for a home occupation for a lawn maintenance and snow plowing business at 27 Rockridge Terrace. Unanimous. It was noted for the record that in the Commission’s judgement, the subject Home Occupation complies with the criteria set forth under Section 5.4 – Home Occupations and Section 12.10 – Special Findings of the Prospect Zoning Regulations.
New Business: a. Mark & Joan Chevrier, 215 Cheshire Road. Site Plan Amendment – Permanent Structure. Mark Chevrier reviewed his previous site plan that had been approved with a temporary trailer on the site. Mr. Chevrier would like to put a 1,500 square foot permanent structure on the site and asked the Commission what would be required to accomplish that. Chairman Hiscox stated that Mr. Chevrier would need to present an engineered site plan indicating the location and size of the building, proposed parking, signage and landscaping. Mr. Chevrier stated that there would be no well or septic on site, but he will be required to get Inland Wetlands approval for activities within the wetland area. G. Graveline asked Mr. Chevrier to ensure that the proper zone classification be noted on the site plan. Discussion was held on the zone classification for this property. Mr. Chevrier stated that the property is zoned Business and Chairman Hiscox confirmed that the zoning map indicates the property is zoned as Business. Mr. Chevrier will prepare an application for site plan approval, including an engineered plot plan to present to the Commission.
c. Diane Hamelin, 192 Straitsville Road. Petition to Amend the Zoning Regulations to Add Canine Day Care as a Permitted Use in a Business Zone. Diane Hamelin presented a definition of a Canine Day Care and requested that it be allowed as a permitted use in a Business Zone. Mrs. Hamelin asked the Commissioners if pursuit of overnight care of dogs might be allowed under this use as well. The Commissioners felt that inclusion of overnight care would fall under the definition of a kennel. Mrs. Hamelin stated that the word kennel brings to mind a different atmosphere than what she is proposing. She wants to introduce an at home type atmosphere for pets and suggested that the Commission could set guidelines under a special permit to distinguish between a day care and a kennel. Mrs. Hamelin amended her petition to require a special permit application for a canine day care. Motion by D. Pomeroy, seconded by T. Galvin to accept the application to amend the Regulations to add Canine Day Care as a permitted use in a Business Zone by Special Permit and set a public hearing for May 18, 2005 at 7:15 p.m. Unanimous.
d. Carisa Rek, Giggles-N-Grow Day Care, 105 Waterbury Road. Site Plan Review. Chairman Hiscox stated that he had asked for a review of the paved outdoor play area and whether there are safety concerns that need to be addressed. A letter dated May 2, 2005 was read from Fire Department Chief Robert Chatfield, stating that he had inspected the play area at the day care and determined that there is “more than ample room to respond to an emergency at the metal building next door”. Carisa Rek, director of Giggles-N-Grow, stated that the site plan on file in the Land Use Office that was submitted with her application did not include an attachment submitted to the State and Chesprocott which shows a 16’ X 50’ paved bike area. Mrs. Rek submitted confirmation from Chesprocott that the attachment was part of her original approval in 2001 and a copy of the original inspection by the State showing the area had been inspected in 2001. The play area has not been enlarged and the gates have been in existence since the day care opened. The fire marshal inspects the day care every year and the State reissues a license every two years. The Commissioners thanked Mrs. Rek for the information presented and were satisfied that their concerns had been addressed. D. Pomeroy stated his concerns, as he has in the past, with the Commission accepting hand drawn plot plans rather than engineered plans.
e.Town of Prospect, 36 Center Street. Request for Approval Under Section 8-24 for Waterline Extension – Cambridge Drive & Ivy Terrace. Mayor Chatfield had previously explained the request during public participation at the beginning of the meeting. Motion by D. Pomeroy, seconded by A. Delelle to accept and approve the request from the Town of Prospect for approval under Section 8-24 for the proposed water line extension on Cambridge Drive and Ivy Terrace. Unanimous.
f. Bill Sima, 37 Heritage Drive. Application for a Special Permit for a Home Occupation for an Excavation and Landscaping Business. The applicant was not in attendance.
g. Prospect Resource Group, Hamden, CT. Petition to Amend the Plan of Conservation & Development – Extension of Sanitary Sewer Service. Chairman Hiscox read a letter dated April 29, 2005 from Richard Harrall, HMA, Inc., on behalf of the applicant. Prospect Resource Group is petitioning for an amendment to the Plan of Conservation and Development to clarify the policy for extension of sanitary sewer service to a site on Route 69 currently zoned Planned Congregate Elderly Housing as well as policies for any future access to this proposed sewer line for additional properties. Chairman Hiscox stated that a meeting was held with Mr. Harrall, Mayor Chatfield, the Chairman of the WPCA and the Town Attorney to discuss the best way to present the proposed sewer extension. Chairman Hiscox decided on behalf of the Commission that the proposed project could have a significant impact on the Town and would require an amendment to the Plan of Development. Chairman Hiscox further stated that in his opinion the letter from HMA, Inc., does not clearly present a specific amendment for the Commission to consider. The other Commissioners agreed. Once a specific amendment is accepted by the Planning & Zoning Commission it will be referred to the Prospect Town Council. The Town Council will have 65 days to submit comments regarding the proposed amendment. G. Graveline suggested that a separate workshop on this proposed amendment could be scheduled to discuss and work out areas of concern prior to a formal public hearing. No action was taken on the petition.
Old Business: a. Toll Brothers, Inc., 53 Church Hill Road, Newtown, CT. Petition to Amend the Zoning Regulations – Section 4.1 – Elderly Housing. The Commissioners discussed the proposed amendments stating that further clarification was needed on the definition of a “set aside” development and the affordable housing component. Attorney Edward Fitzpatrick, representing the applicant, was invited to offer comments regarding further clarification. Discussion will be held at the next meeting with additional input for clarification from Bill Donovan. There were no concerns discussed regarding increasing the allowed number of three bedroom units not to exceed 50% of the total units. Discussion was held on possible impacts of reducing exterior wall offsets from “at least ten feet” to “at least two feet”. Motion by G. Graveline, seconded by T. Galvin to approve the petition to amend Prospect’s Zoning Regulations, Section 4.1, to increase the allowed number of three bedroom units not to exceed 50% of the total units and to reduce exterior wall offsets from “at least ten feet” to “at least two feet” upon an architectural review and approval by the Planning & Zoning Commission. Unanimous.
Land Use Inspector’s Report: Bill Donovan was not in attendance. Chairman Hiscox stated that the Commission needs to work with Bill Donovan in following up on adhering to timelines regarding enforcement issues. Chairman Hiscox also submitted three advertisements as printed in the Prospect Pages for possible home businesses that do not have a proper home occupation permit. Bill Donovan will be instructed to follow up on the ads. Also noted for the record were small dump trucks at 368 Matthew Street. D. Pomeroy questioned the activities at Quality Hardwood, 84 Scott Road, as well as whether the storage tank at Amber Court had been removed.
Public Participation: Joe Commendatore, Prospect Town Council member, asked if the Commissioners were aware of State guidelines for Acquifer Protection Areas and whether timelines had been met. The Clerk will follow up with Bill Donovan to provide the Town Council with the necessary information.
Motion by D. Pomeroy, seconded by T. Galvin to adjourn the meeting at 9:05 p.m. Unanimous.
Robert Hiscox, Chairman