Board Members Present: Gil Graveline, Don Pomeroy, Al Havican (7:05 p.m.) and Tom Galvin Alternates Present: Jack Crumb Others present: Bill Donovan, Land Use Inspector Members Absent: Robert Hiscox & Al Delelle (alt.)
Vice Chairman Gil Graveline called the meeting to order at 7:02 p.m. The meeting was taped.
J. Crumb was seated for R. Hiscox.
Approval of Minutes: Motion by D. Pomeroy, seconded by T. Galvin to approve the minutes of the April 5th, 2006 meeting. Unanimous.
Correspondence:
1.) Safety Comm. Solutions- Public Awareness Safety Training, Pipeline damage prevention training program.
Motion by T. Galvin, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation: none
New Business: William F. Lawson, Special Permit Application for a proposed barber shop at 27 Waterbury Rd. G. Graveline noted letter of consent from the agent for the property owner. Chesprocott was contacted and they stated that there is no need for their approval for this type of business. Motion by A. Havican, seconded by T. Galvin to accept the Special Permit application submitted by William Lawson for a barber shop located at 27 Waterbury Rd. and set the public hearing for May 3, 2006 at 7:10 p.m. Unanimous.
Jeff Slapikas, 51 Royal Crest Dr. Proposal to amend Section 5.2.2.1 of the regulations – Private garages-detached. Regulation 5.2.2.1 states in part that a detached garage can not exceed 600 square feet and attached garages can not exceed 800 square feet. Mr. Slapikas wants to increase the maximum allowance for a detached garage to 800 square feet (the same as an attached garage). Mr. Slapikas feels that if the garage complies with all setbacks and if they don’t need a variance he feels that they should be allowed to build an 800 square foot garage whether it’s detached or attached. Motion by T. Galvin, seconded by D. Pomeroy to accept the proposal by Jeff Slapikas to amend Section 5.2.2.1 of Prospect’s Zoning Regulations-Private Garages-Detached and set the public hearing for May 17th, 2006 at 7:15 p.m. Unanimous.Public Hearings:
7:15 p.m. Norman Schain, 71 Straitsville Rd. Home Occupation Special Permit for an office for Income Tax Business. G. Graveline read the “Notice of public hearing” as it appeared in the Republican American on April 7th and 13th, 2006. Mr. Schain stated that he has been conducting his income tax business for over 20 years. He stated that he does not advertise, one client comes at a time and he utilizes his finished basement as an office. No one would ever have to park in the street and there will be no signage. Mr. Schain stated that sometimes people will mail him the material and he will complete the return and send it back to them. B. Donovan asked about hours of operation. Mr. Schain asked that he be able to work on the weekends and after 5 p.m. G. Graveline asked for comments from the public: there were no comments. Mr. Schain submitted proof of notification to abutting property owners within 200 feet. He also stated that this business will mostly be conducted between February and April 15th. The Commission stated that during tax season the hours can be expanded for a limited period of time. Motion by T. Galvin seconded by D. Pomeroy to close the public hearing for a Home Occupation Special Permit submitted by Norman Schain for an Income Tax Business located at 71 Straitsville Rd. Unanimous. Motion by T. Galvin seconded by A. Havican to approve the Home Occupation Special Permit submitted by Norman Schain for an Income Tax Business located at 71 Straitsville Rd. with the stipulation that during tax season the hours can be expanded. Unanimous. G. Graveline stated: In the Commission’s judgment, the application complies with the criteria set forth under Section 12.10-Special Findings of the Prospect Zoning Regulations.7:20 p.m. American General Investors, 44-50 Waterbury Rd. Special Permit for commercial building exceeding 2,500 SF. (See page 2 for information on this public hearing after the 7:30 p.m. public hearing for the indoor children’s playroom.)
7:30 p.m. Allison Trisko, The Little People’s Playroom LLC, Special Permit Application – indoor children’s playroom at 44 Waterbury Rd. G. Graveline read the “Notice of public hearing” as it appeared in the Republican American on April 7th and 13th, 2006. Ms. Trisko is looking to relocate her business to Prospect. She submitted the letter of consent from the property owner. She stated that there will be no drop off service; the parents will stay with the children while they play. The children’s ages will range from infant to 6 years. The hours of operation will be Monday-Friday 10-3 and they will also be open on the weekends on Sat. & Sun. 10-1 and there will be 2 hour time slots when birthday parties are scheduled. Sometimes they hold workshops CPR classes etc. to get the parents involved. During a 2 hour party they are not open for indoor play at the same time and at no time will there be outdoor play. Ms. Trisko stated that there is no state certification required because they are not a day care. The Commission asked about parking. The applicant stated that currently they have 10-12 children between Monday and Friday total. She stated that she doesn’t foresee having anymore than 30 children through the entire week and 6-15 children for parties. G. Graveline asked what the square footage is of this space. The applicant stated that they are utilizing 2,110 square feet of the building; the parking requirement would be approximately 8-9 cars. B. Donovan asked about signage. The sign will be over the front door on the overhang and in the detached directory sign. G. Graveline asked for comments from the public: there were no comments. Motion by D. Pomeroy, seconded by T. Galvin to close the public hearing for a Special Permit Application submitted by Allison Trisko for an indoor children’s playroom at 44 Waterbury Rd. Unanimous. Motion by T. Galvin, seconded by A. Havican to approve the Special Permit Application submitted by Allison Trisko for an indoor children’s playroom at 44 Waterbury Rd. Unanimous. G. Graveline stated: In the Commission’s judgment, the application complies with the criteria set forth under Section 12.10-Special Findings of the Prospect Zoning Regulations. 7:20 p.m. American General Investors, 44-50 Waterbury Rd. Special Permit for commercial building exceeding 2,500 SF. (7:40 p.m.) G. Graveline read the “Notice of public hearing” as it appeared in the Republican American on April 7th and 13th, 2006. Mark Guastaferri from American General Investors stated that both houses will be torn down at 48 & 50 Waterbury Rd. Dave Carson, OCC Group representing the applicant stated that the proposal is to construct a free standing commercial plaza building with a footprint of 12,000 square feet, adjacent to 44 & 46 Waterbury Rd; they have already received Inland Wetlands approval. The plan is revised as of today to address all the issues brought up by Scott Poryanda the town’s consulting engineer who reviewed the plans. The parking lot will be used as a joint parking lot for both the existing commercial building and this proposed building. Curb cuts will be reduced from 4 to 2. The entire parking area will be landscaped in accordance with the new regulations. The septic system for the new building will be under the new parking area. There will also be an underground detention basin and a second detention basin to handle hundred year storm events. The building will have a second floor with 300 square feet of office space. The building will have a basement area underneath for storage purposes and possibly vehicle storage for businesses. The parking area will be in compliance with the requirements for the new building as well as the existing building. The proposed restaurant will have a patio area and the restaurant will utilize approximately 4200 square feet. G. Graveline asked if there will be any walkways around the building. Mr. Carson stated that there will be an access walkway at the back of the building. The applicant presented a sample rendering of the outside of the building. The exterior of the existing building housing Hometown Luncheonette will also be updated to look the same as the new proposed building. The septic system plan has been approved by Chesprocott and sent to the state for their approval. This is also not a drive around building although there is access to the back of the building so that trucks will not have to turn around in the parking lot. G. Graveline asked how far off the road the parking area will be. Mr. Carson said it will be about 33 feet away. G. Graveline also mentioned sidewalks near the road for pedestrians walking to Hotchkiss field etc. G. Graveline asked if it’s possible for them to put side walks along Route 69 in front of the applicant’s property for this proposed building. Dave Carson mentioned the pedestrian cross walk across Route 69. He also mentioned maybe having the State move the cross walk from the park to the Subway building and then the applicant will put a side walk from subway into their parking lot for the pedestrians. G. Graveline asked for comments from the public: there were no comments. B. Donovan asked for Mr. Carson to review the lighting plan for the Commission. Mr. Carson stated that the lighting will be shielded so that there is no trespassing offsite. Each end of the property, either side of the building and from the parking lot islands toward the building will be lit. The lighting will be turned off around 1 a.m. Mr. Guastaferri stated that there will be underground propane tanks. G. Graveline noted letters from Connecticut Consulting Engineers with their comments and the second letter stating that the applicants have addressed all comments from Scott Poryanda the engineer who reviewed the plans for the town. T. Galvin asked about signage. Mr. Guastaferri stated that there will be a detached sign stating the name of the building and the address and there will be internally illuminated signs above each separate entrance for the business: it will be exactly like the Heritage Building (60 Waterbury. Rd.) T. Galvin mentioned maybe putting 2 signs closer to each entrance. B. Donovan mentioned the traffic study and if this proposed building will be generating more than 100 cars a day. Mr. Carson mentioned the peak hours and traffic flow as shown on the traffic analysis he presented to the Commission. T. Galvin mentioned a curb cut serving the proposed building and the Subway building. B. Donovan mentioned a landscape buffer between the Subway and proposed building at 44-50 Waterbury Rd. Mr. Carson mentioned landscaping and a concrete retaining wall. There will also be 2-3 dumpsters on the property which will be enclosed with fencing. Motion by D. Pomeroy seconded by A. Havican to close the pubic hearing for a new commercial building exceeding 2,500 SF proposed by American General Investors at 44-50 Waterbury Rd. Unanimous. B. Donovan will draft a resolution and no action will be taken until they receive the comments from the state health department in case the site plan needs to be revised.7:40 p.m. 139 UCR Co. Change of Zone application at 141 Union City Rd. Residential (RA1) to Business District (B). G. Graveline read the “Notice of public hearing” as it appeared in the Republican American on April 7th and 13th, 2006. Mary Pavone a partner in 139 UCR Co. owners of the property submitted the application. She is requesting a zone change from Residential to Business. The property has been vacant as of September 2005. Ms. Pavone believes that this property has commercial rather than residential appeal. The property is .68 acres and is bordered by Prospect Machine Products on one side and Rek Lane borders the other side and Route 68. Ms. Pavone mentioned the other industrial and business uses in the area of this property. Because of the Towns Plan of Development she feels that this is a suitable zone change. The applicant submitted proof of notification to abutting property owners within 200 feet. G. Graveline mentioned the memo from B. Donovan regarding spot zoning. G. Graveline asked for comments from the public: Paul Violette Jr., 147 Union City Rd. stated that he feels that this is a reasonable request. His house is in the same area as the applicants and he is trying to sell it and there has been no interest other than commercial use for his property. Ed Bouffard representing Bethel Baptist Church was only interested in finding out where the property is and what was being proposed. Greg Ploski, who lives on the corner of Clark Hill Rd. and Union City Rd. stated that he feels that this proposal is in compliance with the towns Plan of Conservation and Development and he feels in no way is this spot zoning. This property also has access on Rek Lane. B. Donovan commented that the Plan of Development talks about commercial growth along the major corridors. Also this property is in the Aquifer Protection Area so any further use, if this zone change is approved, will have to receive an Aquifer Protection permit. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for a Change of Zone application from Residential (RA1) to Business (B) submitted by 139 UCR Co. at 141 Union City Rd. Unanimous. Motion by D. Pomeroy, seconded by A. Havican to approve the Change of Zone application from Residential (RA1) to Business (B) submitted by 139 UCR Co. at 141 Union City Rd. and set the effective date for May 17th, 2006. Unanimous. G. Graveline stated that this zone change complies with the town’s comprehensive zoning plan and the town’s Plan of Conservation and Development.
Old Business: Andy Adames, 126 Waterbury Rd. Application for Site Plan approval for a proposed restaurant. (Public Hearing closed: 2/1/06) G. Graveline mentioned the letter of approval from the State Health Department with the condition that Lorraine DiNicola from Chesprocott must sign off on any changes to the plan that affects the hydraulics. The Commission reviewed the Draft Resolution of Approval. The Commission discussed re-building over a footprint that is not in compliance and the regulations regarding this issue. The Commission determined that there would be no increase on the non-conformity and therefore complies with the regulations. Motion by T. Galvin seconded by D. Pomeroy to approve the Site Plan for a proposed restaurant submitted by Andy Adames located at 126 Waterbury Rd. Unanimous.
Discussion on Section 5.3.2.2 regarding outdoor open storage of recreational vehicles. No discussion. Toll Brothers, 120 Scott Rd. Special Permit application for a proposed elderly housing project. (Public Hearing closed: 3-15-06) The Resolution of Approval isn’t complete and the attorneys are still finalizing the inter-municipal sewer agreement. No action was made.Land Use Inspector’s Report: B. Donovan mentioned the Wooded Acres sub-division on Old School House Road and the utilities issue. He reviewed the minutes and plans relating to the underground /overhead utilities. He thoroughly researched all records and plans that would’ve shown an approval for overhead utilities. The builders were asked to put the utilities underground and not overhead. B. Donovan also mentioned Finno Development’s proposed subdivision and he asked that the Commission bring their subdivision regulations to the next meeting to review the definition of open space.
Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation: Jeff Slapikas, Royal Crest Dr. mentioned canvas huts and stated that he sees a lot around town, especially on commercial properties. Paul Vila, 147Union City Rd. mentioned property pins and a sunken trench in the state road in front of his property. 9:17 p.m. - Motion by D. Pomeroy, seconded by A. Havican to go into Executive Session to discuss strategy pertaining to pending Mallinson litigation, B. Donovan, Land Use Inspector and Heather Anderson P&Z Clerk were also invited. Unanimous.
9:31 p.m. - Motion by A. Havican, seconded by T. Galvin to come out of Executive Session. No votes or motions were made during executive session. Unanimous.Following the executive session it is the Commissions consensus that there is no desire to negotiate their decision on the Mallinson appeal of a Special Permit denial.
Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 9:33 p.m. Unanimous.
Robert Hiscox, Chairman