Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, and Tom Galvin Alternates Present: Jack Crumb Others present: Bill Donovan, Land Use Inspector Members Absent: Al Havican & Al Delelle (alt.)
Chairman Robert Hiscox called the meeting to order at 7:05 p.m. The meeting was taped.
J. Crumb was seated for A. Havican.
Approval of Minutes: Motion by T. Galvin, seconded by D. Pomeroy to approve the minutes of the March 22nd, 2006 Executive Session-Special Meeting and the March 15 ,2006 regular meeting minutes as amended. Unanimous.
Correspondence: 1.) DEP - Connecticut Division of Forestry 2.) Carmody and Torrance - Re: NJL Corp. 100 Scott Road property Site Improvement Bond and Agreement. Motion by T. Galvin, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation: Tony Ciriello representing Malone and McBroom from Cheshire wanted to discuss with the Commission Old Schoo[house Rd. -Wooded Acres subdivision. These 6 lots were approved in the 1980's. They received wetlands approval again recently. Mr. Ciriello stated that there is a utilities issue. There are six poles on the property and there are four rear lots. The regulations call for underground utilities; because the poles existed and because there was wire already on the poles they assumed that they could utilize these existing poles for utilities. B. Donovan contacted Mr. Graziano, the developer, stating that me utilities are to be underground. There was a miscommunication with CL&P as to whether or not it was permissible to pull utilities from the existing poles. Mr. Ciriello is asking to allow the utilities to remain above ground. R. Hiscox asked what was on the approved subdivision plans from the 1980's. B. Donovan stated that nothing is shown regarding the utilities. Chairman Hiscox stated that if the regulations in the 1980's stated that the utilities were to be underground and the approved plans and minutes state underground utilities, men he feels they should be underground. G. Graveline asked about wetlands disturbance. Chairman Hiscox stated that he's not going to reverse the former commission's decision. The Commission would like to see the original documents and original plans; mere could be some miscommunication. B. Donovan stated that '76 and '89 subdivision regulations stated utilities to be underground. G. Graveline asked whether or not they differentiate subdivision with new road and existing road. The Commission asked to see what was approved. D. Pomeroy asked if there were any secondary poles that feed residents or other buildings. B. Donovan will review the original approval and decide from there whether the utilities are to be installed overhead or underground. D. Pomeroy asked if the access is a public road or private drive. T. Galvin asked what would happen if the original approval didn't specify either. Chairman Hiscox stated that he then would not penalize the builder. B. Donovan stated mat the Commission has to apply the regulations in effect at the time of the approval.
New Business: >Alison Trisko. The Little People's Playroom LLC. Special Permit application - Indoor playroom for Children. 44 Waterburv Rd. Mrs. Trisko is proposing an indoor playroom and birthday party place. She stated that they are currently located in Waterbury; she is looking for front road exposure. She stated there will be no drop off service, this is not a nursery school or day care. Parents must be present while the children play at all times; there has to be an adult with the child. T. Galvin asked about parking. D. Pomeroy asked about square footage. Motion by D. Pomeroy, seconded by G. Graveline to accept the Special Permit application submitted Allison Trisko-Little People's Playroom for an indoor children's playroom located at 44 Waterbury Rd. and set the public hearing for April 19,2006 at 7:30 p.m.Unanimous.
139 UCR Co. Change of Zone application. 141 Union City Rd. Residential (RAD to Business (B). Mary Pavone, a partner in 139 UCR Co. owns property on the corner of Route 68 and Rek Lane known as 141 Union City Road. She is applying for a change of zone to "Business District". Motion by G. Graveline, seconded by T. Galvin to accept the Zone Change application from Residential (RA1) to Business (B), submitted by MaryPavone-139 UCR Co. for property located at 141 Union City Rd. and set the public hearing for April 19*, 2006 at 7:40 p.m. Unanimous.Pond Place Medical Facility. 166 Waterburv Rd. application for a pharmacy. Amendment to Special Permit. John Kuzia, EZ Phann Pharmacy stated that he is looking to put a pharmacy in the Pond Place Medical Building. The proposed hours will be from 9 a.m. - 5 p.m. Monday through Friday. This pharmacy must be available to the public and it will be open at least 35 hours a week. Chairman Hiscox mentioned a past letter written by B. Donovan to Any. Porzio regarding coffee shop and pharmacy issues asking that if a pharmacy were to go into the medical building that it be aclosed pharmacy available only to the patients and doctors in the facility. Mr. Kuzia mentioned that State laws indicate that a pharmacy can't be prevented from being open to the public. In the past the Commission didn't have a discussion about a general pharmacy. They have to make a decision between a pharmacy open to the general public or a in house pharmacy. T. Galvin mentioned the issue of parking and traffic. Mr. Kuzia stated that the estimated square footage of the pharmacy will be about 8,000 sq. ft total and 4,000 will be utilized for the actual pharmacy. The Commission also discussed the signage issue. The Chairman stated that there should be no additional signage and the exterior of the building is not to be changed. Mr. Kuzia asked if signage in the window would be permissible. The Commission doesn't want any type of signage. The applicant stated that he will only be selling prescription drugs and a small amount of over the counter cold and flu medications and supplements. Chairman Hiscox stated mat he doesn't have a problem with having an open pharmacy in Pond Place Medical Building. Mr. Kuzia stated that being on the third floorminimizes safety and security issues. The Commission feels that there is enough parking. The Commission approved the pharmacy proposed by John Kuzia representing EZ Phann Pharmacy and ft is allowed to be open to the public selling only prescription medications, supplements, cold/flu, and aspirin over the counter medications.
Finno Development.. 80 Cook Rd. Special Permit application for a 27 lot subdivision. Dennis McMorrow from Berkshire Engineering representing the applicant stated that this proposal is for a 27 Lot subdivision on 40 acres. The road will connect to Dogwood Drive. Potential flooding concerns have been addressed and will be discussed at the public hearing. Chesprocott has approved all of the proposed lots. All the homes will be served by well and septic. The applicant prefers to pay the open space fee rather man designating open space. The applicant also submitted a certified appraisal. The appraisal has come out to $880,000. The applicant is revising the plans with minor changes based on Land Techs remarks, who are the Town's consulting engineers. B. Donovan mentioned reviewing the total fee and considering any possible adjustments on the total fee for the zoning application. The Chairman stated that this is a set fee schedule for a reason. He sees no reason to waive or lower the fees. The Commission briefly reviewed the plans. T. Galvin asked about the grading on the road. Mr. McMorrow stated that the road grade complies with the town's standards for road design. G. Graveline asked if the applicant has considered any of the other pieces of land mat are around for future connection roads. Mr. McMorrow stated they have not looked at any cut through roads at this time. The Chairman stated that he feels mat it is a fair request to take the land in lieu of the fee for open space. The Commission discussed open space and the letter from the Land Trust. Motion by T. Galvin, seconded by G. Graveline to accept the 27 Lot Subdivision application located at 80 Cook Rd. submitted by Finno Development, LLC. and set the public hearing for May 3rd, 2006 at 7:15 p.m. Unanimous. At the next meeting the site walk will be set it would be coordinated with the applicant so they can attend.
Old Business:
Hank Berberat Tesco Rentals LLC. Boulder Brook Elderly Housing Project The Commission discussed the issue of sidewalks at Boulder Brook Elderly Development The individual owners of the units requested that the side walks requirement be removed from the site plan. Mr. Berberat submitted a map and a petition from the condo owners requesting the removal of the side walk requirement. The Commission wants to keep the side walks from the Community Center parking area to the Community Center. T. Galvin mentioned handicap access/safety. J. Crumb mentioned speed limit and signage. Motion by T. Galvin, seconded by G. Graveline to amend the she plan for Boulder Brook Elderly Development modifying the sidewalk requirement. The sidewalk leading to the main road (Rt. 68) and the sidewalks providing immediate access surrounding the Community Center will remain. The Commission reserves the right to require additional sidewalks for safety reasons. Unanimous.
Andy Adames. 126 Waterbury Rd. Application for Site Plan approval for a proposed restaurant (Public Hearing closed: 2/1/06) There is still no final approval from the State Health Department. The Commission took no action at mis time.
Discussion on Section 5.3.2.2 regarding outdoor open storage of recreational vehicles. The Chairman feels that there should be some kind of weight and size restrictions. The boats are pretty inconspicuous; the issue is really the massive campers. G. Graveline stated that the visibility around the comers don't seem to be a problem. His concern is the trailer being parked in the front yard sticking out into the street. This regulation is really to keep the residential character of the neighborhoods. The Commission doesn't want to restrict the usage of the trailers; it's simply the parking/ storage of them. B. Donovan mentioned that there are similar restrictions for surrounding towns: Waterbury, Bethany, Cheshire, & Naugatuck. The Commission can't make exceptions for smaller lots. T. Galvin mentioned narking in their driveway. The Commission discussed seasonal restrictions and where they would draw the limits. The Commission also discussed bringing specific issues to the Zoning Board of Appeals. B. Donovan stated mat the Commission's authority ends at the curb. B. Donovan mentioned customary and incidental uses within residential zones. The Commission could make a regulation concerning size restrictions: such as height, weight, and length. The Commission is looking for flexibility but something enforceable. They also need to classify these recreational trailers and boats as something other man unsightly material.Toll Brothers. 120 Scott Rd. Special Permit application for a proposed elderly housing project (Public Hearing closed: 3-15-06) The Chairman mentioned a few issues regarding, affordable units. The Chairman wants one of the conditions mat the association provides all relevant documents and related materials to the town. The Chairman also mentioned the Community building size. The regulations require over 9,000 square feet; the plan as of now shows a 7,000 square foot building. Should the Commission consider the other amenities as part of the Community Facility? D. Pomeroy asked whether or not the Community Building has a kitchen or a bathroom. The Commission wants to see a floor plan. The Commission discussed the side walk issue. The Chairman asked if the Commission is in agreement with allowing side walks on only one side of the road. The Commission is opposed to having side walks on both sides of the road. However given the discussion the Commission had tonight they would like to discuss eliminating side walks in certain places; less impervious surfaces. The Commission also wants the applicants to review their postal distribution plan. The Chairman asked if the Commission is still in agreement with the interpretation of facilities. The state also calls for 10% of the units to be handicap accessible. The Commission stated that all handicap requirements should be met The Chairman mentioned Section 4, fire alarms, air conditioning units, call for aid accommodations and the street lighting plan. The Commission wants to make sure that they follow up with all pertinent regulations. Also, street lighting needs to be shown on the plans. The Commission discussed a gatehouse or guardhouse if any, and entrance signage. T. Galvin mentioned business type uses such as ATM's, a stamp machine etc. The Chairman also mentioned access for town officials.
Land Use Inspector's Report: B. Donovan stated that he issued two Cease and Desists for 5 and 18 Roy Mountain Road. He also mentioned the PODS at the 911 station. B. Donovan also mentioned the meeting with the town attorney on April 12th at 7:00 p.m. The Commission discussed open space and appraisals; and the Open space fee in lieu of land. They also discussed the proposed zone change.
Motion by D. Pomeroy, seconded by T. Galvin to accept the Land Use Inspector's report. Unanimous.
Public Participation: none
Motion by D. Pomeroy, seconded by T. Galvin to adjourn the meeting at 9:55 p.m. Unanimous.
Robert Hiscox, Chairman