Planning & Zoning Commission

7:15 p.m. O&G Industries/Ken Faroni - 147 Salem Road - Renewal of 2 year Special Permit. Chairman Hiscox read the "Notice of PUblic Hearings" as it appeared in the Republican American on December 1st & 8th. Chairman Hiscox stated that O&G submitted the application fee, topographical maps, a Reclamation Plan, Certificate of Insurance, the list of abutting property owners who were notified, the complaint log, and some photos. Ken Faroni from O&G submitted proof of notification to abutting property owners. Mr. Faroni reviewed the background of O&G in Prospect. He also submitted three more sets of plans showing the buffer for the wetlands areas and a more practical grading plan overall. The Commission discussed the complaint log, along with the summary log. Mr. Faroni stated that there were 25 production shots total in the past 2 year permit period. He also submitted a composite photograph of the quarry face/working face looking due east. Mr. Faroni also mentioned that all traffic has to come in and out of Spring Road onto Route 68. No explosives are stored on the premises; they are delivered the day of the blast. They also sweep the road if there is an issue. There is a security system in place. Mr. Faroni also submitted a report after monitoring 2 cracks in a neighbor's foundation. The study was started in August and completed at the end of November. There were seven production shots in that time frame. The blasting was found to have no impact on the cracks at Mr. Muzzy's residence because the environmental factors were so much greater that the production blasts. Mr. Faroni discussed areas that will be reclaimed and submitted a picture of the reclamation done as of June 14th 2006. O&G is requesting a 2 year renewal of their Special Permit. Chairman Hiscox asked for comments from the public: Fred Strumpf, 123 Salem ROad, an abutting property to O&G discussed the blasts and his concerns with the noise, the cloud that comes over his property after a blast with a sulfur small to it, and also the dirt bikes on the property. Mr. Strumpf mentioned the security system. He also feels that there is damage being done to his home and surrounding homes due to the blasts. He mentioned that someone from the town like the Fire Marshall should be at O&G monitoring the blasts. Mr. Strumpf also mentioned other noises coming from the property. The most noise is when they load the trucks to haul out materials. Mr. Strumpf feels that the blasting needs to be monitored better as well as the noise and vibration. Chairman HIscox stated that we should look in to these issues. The Commission should revisit the issue of the isze of the blasts and also the resulting cloud. Chairman Hiscox feels that is may be time to re-examine how often and how big the blasts are. Mr. Strumpf stated that normally there are 6 to 7 blasts per year; now, there are twice as many blasts and they are getting bigger. Yvette Strumpf of 123 Salem Road mentioned her concerns about the cloud coming over their property. Martin Muzzy, 129 Salem Road stated the O&G has been receptive to their concerns. They had a Quarry Committee Meeting and they also did studies on his homee. Given the intensity of the blasts he thinks that this would constitute a concern and someone from the Town should monitor those blasts and investigate them. Maybe te Commission should re-look at the 2 year application and look at a 1 year renewal period given the change in the direction of the blasts. Mr. Silva, 133 Salem Road expressed his concerns regarding cracks in his foundation. He also mentioned the cloud from the blasts. His house is closest to the operation. Ken Faroni stated that he would like to keep the hearing open and submit information to address the concerns and comments that have been made from the neighbors. There are certain concerns that are out of the Commission's authority. The blasts' sizes are regulated by the State Fire Marshall. They have tried to get a handle on the dirt bike issue the best they can. If he received complaints regarding the dirt bike issues they would have tried to address the concerns. D. Pomeroy stated that he is disappointed to hear about trespassers if there is an alarm system. It should be put on immediately after every blast. At the Quarry Commission meeting the issue of the cloud was brought up by neighbors that were told that the cloud is gaseous and is primarily if not entirely water vapor. There is nothing in the cloud that is toxic. Mr. Faroni also stated that there is a weather poicy in all the quarries relative to when a blast is set off. Mr. Faroni mentioned making weather conditions a condition on the permit. G. Graveline asked about the different benches in the rock face. Mr. Faroni stated that generally the shots on the upper bench would be a bit larger than the lower bench. Chairman Hiscox would like to re-examine the blasting program and reduce the potential inpact per blast. He would also like to re-examine the size and numbers of blasts with the goal being to lessen the impact on the neighbors as much as possible. Chairman Hiscox is also concerned with the cloud issue. The Fire Marshall should possibly be on site during the blasts. The security sound system should also be on at all times. Mr. Faroni mentioned that an opacity test was done after one of the blasts and it passed. The public hearing was continued to January 3, 2007 at 7:20 p.m. The Commission discussed going to the neighbor's houses during a blast. Chairman Hiscox read a letter into the record from Mayor Chatfield and Eugene McCarthy, Asst. Director of Public Works requesting that O&G meets with the Mayor to discuss a joint effort to rebuild Spring Road. Fred Strumpf commented that there was a letter that stated LoRusso and O&G will take care of Salem Road and Spring out to Route 68.

New Business
Andy Adams, Senor Panchos, 280 Cheshire Road Modification to Site Plan-Patio Addition
Andy Adams is looking to build a patio and vestibule. Mr. Adams stated that the idea is to keep the main dining upstairs, the banquests downstairs, and the patio for additional outdoor seating especially in the summer. The patio will be made of stone surrounded by split rail fence. There will be some landscaping on the side and some minimul lighting. There will be no cover, just tables with umbrellas. The Commission mentioned insect control. D. Pomeroy stated that his only concern is there are some abutting residential neighbors there and he doesn't want any noise issues. A. Havican agreed with D. Pomeroy's concerns. There is an adequate number of parking spaces for the additional seating. Motion by D. Pomeroy, seconded by G. Graveline to modify the site plan for Senor Panchos, 280 Cheshire Road to include a 36' x 20' patio and vestibule. Unanimous.

Land Use Inspector's Report:(continued)
Zoning Violations
Cocchiola-Wood Products - Summit Rd/Plant Rd. Chairman Hiscox and Vice Chairman G. Graveline along with B. Donovan are attempting to set up a time to go out on a late day site walk. The issues at this property have gotten worse.

Canvus huts on Summit Road: both canvus huts have been taken down.

Ron Lacombe, 249 Cheshire Road: for now seems to be in compliance; this issue should ne revisited from time to time. B. Donovan stated that the tanker trailers mentioned in recent meetings are no longer parked in the Industrial Park. Chairman Hiscox mentioned drip pans under vehicles that are being stored at the Industrial Parl. G. Graveline mentioned a person on Straitsville Road and the wood products in the front yard. This is also becoming a safety issue with the trucks backing out onto the street. D. Pomeroy mentioned the pile of gravel that has no silt fence surrounding it at 45-50 Waterbury Road. The Building Inspector should also be able to help with those kinds of issues. D. Pomeroy mentioned State restrictions on stock piling of fill materials. B. Donovan mentioned Heritage Drive, the large detached building that is too close to the property lines. The owner applied for a variance and was denied, he then appealed to the Waterbury Courts, and then tried negotiating with abutting property owners to purchase a stip of land but they refused. The owners'Attorney contacted B. Donovan to inform him that they building will be moved to be in compliance with the regulations. They are withdrawing their appeal and will be making arrangements to move the building. B. Donovan submitted a Conn. Gen. Stat. 22a-174k and Outdoor Wood Burning Furnaces brochure. These furnaces are designed for heating your house. They operate 24 hours a day 7 days a week. B. Donovan mentioned possibly putting further restrictions on these types of furnances in the regulations.

Motion by T. Galvin, seconded by A. Havincan to accept the Land Use Inspector's Report. Unanimous.

Public Participation: None

Motion by A. Havican, seconded byD. Pomeroy to adjourn at 9:17 p.m. Unanimous.

Robert Hiscox
Chairman