Town of Prospect-Boards & Commissions

Planning & Zoning Commission

Approved Minutes
May 3, 2006

Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, Al Havican and Tom Galvin
Alternates Present: Jack Crumb & Al Delelle
Others present: Bill Donovan, Land Use Inspector
Members Absent: none>/br>

Chairman Robert Hiscox called the meeting to order at 7:01p.m. The meeting was taped.

Approval of Minutes: Motion by D. Pomeroy, seconded by T. Galvin to approve the minutes of the April 19th, 2006 meeting as amended.Unanimous.

Correspondence:
1.) Council of Governments Central Naugatuck Valley, Minutes of the Regional Planning Commission dated Jan. 10, 2006.
2.) College of Agriculture and Natural Resources Journal- Spring 2006.
3.) Invitation to the Fifth-Annual CERC Site Finder Showcase, Tuesday, May 16, 2006 at Farmington Club.

Motion by A. Havican, seconded by D. Pomeroy to accept the correspondence. Unanimous.

Public Participation: none

New Business:
American General Investors, 44-50 Waterbury Rd. Special permit for commercial building. Dave Carson, representing the applicant withdrew their application due to the fact that the property notifications to abutting property owners were not made. Motion by D. Pomeroy, seconded by G. Graveline to accept the special permit application submitted by American General Investors for a commercial building at 44-50 Waterbury Rd. and set public hearing for May 17th, 2006 at 7:25 p.m. Unanimous.


Robert & Mark Capanna, 145, 145A, & 147 Summit Rd. Application for 10 lot subdivision. See page 2.

Public Hearings:
7:10 p.m. William F. Lawson, Special Permit Application for a proposed barber shop at 27 Waterbury Rd. Chairman Hiscox read the entire “Notice of Public Hearings” as it appeared in the Republican American on April 21st and 28th, 2006. Chairman Hiscox asked for comments from the public: B. Donovan asked if Mr. Lawson will be the only barber working for the business. Mr. Lawson stated that to start it will just be himself but that he will have another barber eventually. B. Donovan also asked about parking. The applicant stated that 8 parking spaces are designated for his business. Motion by G. Graveline, seconded by T. Galvin to close the public hearing for a Special Permit submitted by William Lawson for a barber shop located at 27 Waterbury Rd. Unanimous. Motion by T. Galvin, seconded by A. Havican to approve the Special permit submitted by William Lawson for a barber shop located at 27 Waterbury Rd. Unanimous. Chairman Hiscox stated that In the Commission’s judgment, the application complies with the criteria set forth under Section 12.10-Special Findings of the Prospect Zoning Regulations.

7:15 p.m. Finno Development Inc., 80 Cook Rd. Application for 27 lot subdivision. Chairman Hiscox read letter into the record dated May 3, 2006 from Atty. Michael Fasano Jr. asking for a cancellation of their public hearing due to deficiency of public notice and request that it be re-scheduled for the next meeting. The public hearing was re-scheduled to May 17th at 7:30 p.m.

Public Participation: Armand Calabro, 20 Spruce Drive asked about Zoning Regulations regarding 1 acre zoning. B. Donovan mentioned that it is rounded down to 40,000 SF which is .92 acre(s). There was general discussion on where the above proposed subdivision will be located and on the house size. Paul Iadarola, 18 Spruce Drive expressed his concerns about the water table decreasing. Kathy Vander-Eyk, 12 Spruce Drive asked about requirements regarding drilling the well before building the house. There was general discussion on the impact on the surrounding properties and on bonds for potential negative impacts to surrounding wells.

Old Business:
Discussion on Section 5.3.2.2 regarding outdoor open storage of recreational vehicles. See page 3.


Toll Brothers, 120 Scott Rd. Special Permit application for a proposed elderly housing project. (Public Hearing closed: 3-15-06) The Commission discussed changes made to the Resolution of Approval that was originally sent to the Commissioners. The Chairman asked if it’s possible that the Planning & Zoning Commission receive copies of the condominium agreements etc. The Chairman also mentioned that the Commission gain access if needed in the proposed gated community. Discussion on access for police and fire department and UPS deliveries etc. Dan Walton representing Toll Brothers stated that the delivery people or guests can pick up the phone at the gate and dial the specific unit they are looking to visit or deliver to and the owners/occupants can open the gate from their unit. The Chairman also asked that the public have input on an annual or semi-annual basis without holding a public hearing. Dan Walton stated that he has no problem reporting and updating the Commission regarding issues or concerns. The Chairman stated that this Commission values the opinions of the public. The Chairman asked about properties that abut this property. He asked if there was a way that a consensus can be reached over obtaining a sewer easement for use for a possible public school located on one abutting property. This would require additional inter-municipal agreements with the town of Prospect and the City of Waterbury not Toll Brothers. The Chairman is just opening this topic for discussion. Atty. Ed Fitzpatrick representing the applicant stated that Toll Brothers would be happy to accommodate the town in whatever ways they can. Atty. Fitzpatrick stated that if Toll Brothers could cooperate they will. Other issues and concerns would have to be looked into regarding this issue and it will not be a condition of the Special Permit for the proposed elderly housing project. Dan Walton stated that Toll Brothers submitted a break-down of the separate bonds for the phases. Motion by G. Graveline, seconded by T. Galvin to approve the Special Permit submitted by Toll Brothers for an elderly housing project located at 120 Scott Rd. Unanimous. a Chairman Hiscox stated that In the Commission’s judgment, the application complies with the criteria set forth under Section 12.10-Special Findings of the Prospect Zoning Regulations.

Robert & Mark Capanna, 145, 145A, & 147 Summit Rd. Application for 10 lot subdivision. The Chairman read the letters of consent from the three property owners allowing the Capanna’s to proceed with this application. Andy Greene, an engineer from Malone & MacBroom briefly described the proposed subdivision. The Chairman asked if the Commission should be accepting applications for a property that is currently under litigation with the town and what affect this will have on the litigation. Andy Greene stated that there are currently three parcels, 147 Summit Rd. which is just less than 2 acres, 145 Summit Rd. which is 18.5 acres and 145A Summit Rd. which is 25.4 acres. There is an existing house on 147A. A boundary survey was done with area photographs; a wetlands survey has also been done. The existing topography slopes south to north and is moderately sloping. The properties are zoned RA1. A gravel road currently exists. The applicants are proposing 9 new lots and 1 existing lot with the existing house. The lots range in size from 1-4 acres. The applicants are proposing 3 ½ acres of open space at the end of the existing cull de sac. All 10 lots will be served by individual wells and septic systems. There was general discussion on drainage and water runoff. G. Graveline asked who owns the lot behind the proposed development. Motion by T. Galvin seconded by D. Pomeroy to accept application for a 10 lot subdivision submitted by Robert & Mark Capanna for property located at 145, 145A & 147 Summit Rd. and set the public hearing for June 7th at 7:10 p.m. Unanimous.

Discussion on Section 5.3.2.2 regarding outdoor open storage of recreational vehicles. The Commission discussed what changes they want to make to the regulation. Discussion on size, height, and length restrictions. The Commission wants to change the title so that boats and recreational trailers are not defined under unsightly material. The Commission wants to look into generic sizes and height for recreational trailers. The Chairman asked that B. Donovan draft something to submit at the next meeting and set a public hearing.

Land Use Inspector’s Report:
B. Donovan stated that the owner of Senor Ponchos did purchase Town Line Restaurant and his plan is to proceed to open his Mexican restaurant at that location instead. B. Donovan stated that he reissued a citation to Peter Thomas on Clark Hill Road. A municipal citation was also issued to Ajredin Zekirovski at 10 Peach Orchard Road. Chairman Hiscox stated that the large canvas hut on Holley Lane has been taken down. Chairman Hiscox asked about the PODS at the Northwest CT Pubic Safety Communication Center Inc. building at 28 Cheshire Rd. D. Pomeroy mentioned a 40 foot box trailer and a box van at St. Anthony’s church parking lot. Chairman Hiscox discussed the Cocchiola property on Summit Rd. Looks like a wood processing operation. He requested that B. Donovan look into this issue. D. Pomeroy stated that he’s seen large construction vehicles etc. parked directly next to the watercourse on this property. This property should be re-visited once again. Chairman Hiscox also mentioned the issues of Vendors and ATV’s and meeting with the Town Council. B. Donovan also mentioned 2 story buildings in the Elderly Housing Regulations. B. Donovan suggested amending that section of the regulations limiting any future elderly housing units to one story. The Commission also discussed signs being placed on utility poles.

Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.

Public Participation: General discussion regarding recreational vehicles.

Motion by A. Havican, seconded by G. Graveline to adjourn the meeting at 9:16 p.m. Unanimous.

Robert Hiscox, Chairman