Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, Al Havican, & Tom Galvin Alternates Present: Jack Crumb Others present: Bill Donovan, Land Use Inspector Members Absent: Anthony Parrella (alt.) & Al Delelle (alt.)
Chairman Robert Hiscox called the meeting to order at 7:01p.m. The meeting was taped.Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes of the December 14, 2005 meeting as amended. Unanimous.
Correspondence: 1.) Birmingham Utilities, Inc. Dated: Dec. 13, 2005: Water Supply Plan Approval – City of Derby Water Project. 2.) Frank & Patricia Zappone 247 New Haven Rd.: Letter dated Dec. 16, 2005 asking about land use on the corner of Kluge Rd. & Rt. 69. 3.) HMA 2005 Newsletter 4.) Council of Governments, Central Naugatuck Valley, Memo dated Dec. 21, 2005 listing the dates for the Land Use Educational Partnership’s including snow dates. Motion by G. Graveline, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation: none
New Business: b> Gina Flammia & Mary France, 138 Waterbury Rd. Application for a Zone Change from Residential (RA1) to Business District B. Mary M. France, the property owner, stated that she bought the property last week and they were hoping to get the property re-zoned so that they can re-locate their business, Prospect Video, into an extension of the house. B. Donovan stated that conducting a business out of a home utilized for residential purposes, when the property is zoned business is permitted and it has been allowed in the past. R. Hiscox stated that the Plan of Conservation and Development does call for Route 69 to be the primary corridor for business. The Commission wanted to clarify that this application is only for a zone change; the applicants would have to submit another application for site plan approval to move their business to this property. Motion by A. Havican, seconded by T. Galvin to accept the application submitted by Gina Flammia & Mary M. France for a Zone Change from Residential (RA1) to Business(B) at 138 Waterbury Road and set a public hearing for January 18, 2006 at 7:10 p.m. Unanimous.
a. Andy Adames, 126 Waterbury Rd. Pre-application review for Site Plan approval for a proposed restaurant. Tammy Adames, the applicant’s wife and business partner, submitted a letter discussing the preliminary plans which were also submitted. R. Hiscox mentioned side walks for pedestrians and a crosswalk in order to get to the restaurant and entrance safely, pedestrian traffic is a concern. R. Hiscox also mentioned considering some kind of landscaping around the back of the property for a buffer. The lighting should also be in someway shielded in order to avoid unnecessary light trespass into the surrounding properties. Also, another issue that the Commission would like to be addressed is the odors from the kitchen; if possible maybe installing something that would minimize/reduce the smells coming out. Traffic flow is another concern. The Commission also mentioned signs to direct people: one way, look both ways before crossing, pedestrians cross walk & stop signs. Lighting in the parking area and walk way, for the pedestrians should also be addressed. The dumpsters should have some type of enclosure surrounding them. The Commission will also want to know the hours of operation. The Commission stated that they would like to do a site walk on the property. The Chairman mentioned his concerns with the access way to the rear property, 124 Waterbury Rd. J. Crumb asked to see a few more dimensions on the parking and driving area. The Chairman wanted to be clear that the Commission wants to hold a public hearing for this site plan approval.
Old Business: a. Christine & Michael McAllen, 52 Sherwood Dr. Application for a Home Occupation Special Permit for an accessory business use (Public Hearing closed 12/14/05). The Commission reviewed the Draft Resolution of Approval prepared by B. Donovan. The Commission stated to the applicants at their public hearing that there would be no commercial vehicles parked or stored on their property at any time. The Commission agreed that the applicant should be allowed one (1) vehicle not exceeding 11,000 pounds, which is allowed in the zoning regulations. Motion by D. Pomeroy, seconded by T. Galvin to approve the application submitted by Christine & Michael McAllen, 52 Sherwood Drive for a Home Occupation Special Permit for an accessory business use. Unanimous. The Chairman 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.
c. Christopher Buchholz, 4 Morris Rd. Petition to repeal Section 5.3.2.2 of the Prospect Zoning Regulations, Outdoor Open Storage. (Public Hearing closed 12/14/05) Motion by D. Pomeroy seconded by T. Galvin to approve the petition submitted by Christopher Buchholz to repeal Section 5.3.2.2 of the Prospect Zoning Regulations, Outdoor Open Storage. D. Pomeroy stated that his concern is that the application is to repeal the regulation; he feels that this regulation needs some change/amending but not to repeal the entire regulation. G. Graveline stated that he agrees that the regulation should be amended and he would also like to see something addressing seasonal parking and also cornerlots. R. Hiscox stated that one issue is the size of these vehicles; another issue is parking the campers over the leach fields and septic system, which is in violation of the health code. Based on input from the public the Commission does need to re-visit this regulation and consider amending it allowing a little more flexibility with regards to smaller lots etc. Some very valid points were raised throughout the discussion. B. Donovan stated that the abutting municipalities were contacted and were asked what their regulations were in regards to this type of regulation. All 4 municipalities have somewhat the same regulation in regards to recreational trailers and boats. T. Galvin stated that he agrees with the Commission and he feels that to repeal the regulation entirely is not right. No votes in favor. Petition is denied.
Public Hearings: noneLand Use Inspector’s Report:
A Cease and Desist was issued to Mr. Lacombe, 249 Cheshire Rd. This was the second Cease and Desist issued to him. The Commission stated that next time the trucks appear on the property a fine should be issued immediately. Also, 46 Williams Drive responded in a letter that their canvas hut is used for a green house. B. Donovan responded in another letter that in order for his canvas hut to qualify for a green house, under the town’s regulations, the cover must be transparent or opaque and he must apply for the valid zoning permit. Also Ms. Yarrow on Scott Rd. was sent a letter regarding a large canvas hut on her property. Ms. Yarrow responded stating that her father had received zoning approval in the past. B. Donovan researched in the records and he found no proof thatany permit was issued for the canvas hut. He asked Ms. Yarrow to send any information she has proving that she has prior zoning approval. B. Donovan also showed the Commission a large updated drawing of the Toll Brothers project on 120 Scott Road. D. Pomeroy mentioned 59 Plank Rd. the tree cutting business. The Commercial truck is parked there regularly. There are also dirt bike and quad issues along with many other violations. R. Hiscox asked about the issue of the trailer. B. Donovan stated that the recreational trailer was relocated in the rear of the property and now there is another trailer parked in its spot and is also in violation. Since December 16th the dump truck and tree truck (bucket truck) have been there continuously. R. Hiscox also mentioned that there appears to be 2 houses on the lot but the property is not properly subdivided. D. Pomeroy stated that both buildings have been there for over 18 years. The violations on this particular lot have been raised a number of times and R. Hiscox wanted to know what the current status is on this lot. B. Donovan stated that he will issue a citation for $150.00. The Commission agreed that a citation should be issued. D. Pomeroy stated that the storage of the commercial vehicle on 59 Plank Road is a traffic concern. R. Hiscox also mentioned 463 Matthew Street, there is a commercial vehicle being stored on the property. Motion by T. Galvin, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation:
Chris Buchholz, 4 Morris Rd. asked about the Commission’s concerns and when they will address the amendments to the regulation regarding recreational trailers and boats. A work shop will be scheduled at a later date discussing the public’s comments, opinions and recommendations. R. Hiscox stated that the public’s opinions and points were well taken. Mr. Buchholz stated that he feels that the regulation should be less restrictive. Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 8:36p.m. Unanimous.
Robert Hiscox, Chairman