Board Members Present: Chairman Hiscox, Gil Graveline, Don Pomeroy, Tom Galvin & Al Havican Alternates Present: Jack Crumb Others Present: Bill Donovan, Land Use Inspector Members Present; Al Delelle (alt.)
Chairman Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.
Approval of Minutes: Motion by T. Galvin seconded by D. Pomeroy to approved the minutes of the July 5, 2006 meeting. Unanimous.
Correspondence: 1.) Letter from Wescor Building & Remodeling Inc. requesting the release of the remaining bond money for Royal Crest South. 2.) Council of Governments Central Naugatuck Valley Re: Land Use Department Organization.
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.
Motion by A. Havican, seconded by G. Graveline to release the remaining bond for Royal Crest South. Unanimous.
Public Participation: Art Denze, 12 Southridge Rd. stated that he spoke to B. Donovan regarding the inflatables on his property and stated that they are being used for his own personal use. Chairman Hiscox stated that if Mr. Denze is using his inflatables for personal use, it is fine. Mr. Denze stated that he moved his business out of town. Mr. Denze was denied his Home Occupation last year.
Public Hearing: 7:10 p.m. Motcat Inc., 80 Straitsville Road. 1-lot Re-subdivision application. (Public hearing continued from 7/5/06) Chairman Hiscox stated that if this application is to proceed he wants B. Donovan to look into the open space issue. The applicants were not in attendance. The public hearing was continued to August 2, 2006 at 7:10 p.m.
Old Business: Robert & Mark Capanna, 145, 145A, & 147 Summit Rd. Application for 10-lot subdivision. (Public hearing closed 7/5/06) Chairman Hiscox read correspondence associated with this application: letter from Prospect Land Trust stating that they do have the intention of acquiring the open space property for this application; letter from Atty. McGrath stating that it is their understanding that the Prospect Land Trust is going forward with the Open space set aside; letter from Milone & MacBroom which is noticed on the bottom of the draft resolution of approval. B. Donovan stated that all comments from Land Tech have been addressed. The Commission reviewed the Draft Resolution of Approval. Motion by T. Galvin, seconded by D. Pomeroy to approve the 10-lot subdivision proposed by Robert & Mark Capanna for property located at 145, 145A, & 147 Summit Rd. Unanimous. Chairman Hiscox thanked the applicants for being so cooperative.
Prospect Cemetery Association, Special Permit application for a cemetery located at 166 Union City Road.(Public hearing closed 7/5/06). Motion by G. Graveline, seconded by D. Pomeroy to approve a new cemetery proposed by Prospect Cemetery Association, located at 166 Union City Road. The Commission discussed signage. 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.
Finno Development, Inc., 80 Cook Road. Application for a 27-lot residential subdivision. (Public hearing closed 7/5/06) The Commission needs to make a decision on the determination of the Open Space. B. Donovan prepared a listing of all the options for the open space. Atty. Duffy mentioned Title 8 of the state statutes. Chairman Hiscox stated what would happen is that the road would have to be moved and new lots would need to be drawn. Atty. Duffy mentioned discussing open space when an application is submitted, before the engineering and plans are done. Chairman Hiscox agreed saying that open space should be reviewed at the preliminary review. Atty. Duffy submitted a map showing the proposed option submitted by Mr. Kaufman proposed. Chairman Hiscox stated that the applicant can re-configure the lots. Atty. Duffy stated that 6 acres crossing the subdivision is colored in solid yellow. To get 6 acres (15%) the strip would be very, very thin. The Commission discussed the map. Chairman Hiscox stated that the strip of land across the top of the property complies more with the Plan of Conservation and Development and the comments the Commission received from the public. Chairman Hiscox stated that the town has nearly 70 cull de sacs and he wants the Commission to consider making the decision on the open space and thatmodifying plans is all part of the process. Chairman Hiscox stated that not all land needs to be developed. The Chairman stated that the Commission is suggesting where the open space should be and the applicant should modify their plan accordingly. The Chairman stated that the Commissions goal is to develop the land in a way that best suits the town and the applicant and to address overall development and population growth. Chairman Hiscox asked that the Commission look at each option that is before them. G. Graveline asked for clarification. He wanted to know the acreage of open space on Option 3. It is 6.01 acres. Chairman Hiscox stated that his preference is Option 5, which would be a strip across the top and eliminating the cut through to Dogwood Drive. Chairman Hiscox stated his second choice is Option 3, eliminating Finno Drive. The Commission wants the land to be dedicated to the Land Trust. A. Havican agrees with Chairman Hiscox, Option 5 & Option 3. J. Crumb stated that he doesn’t want to see roads that can cut through, not cut through. Chairman Hiscox stated that his initial thought was that the road should probably go through but he would propose an easement to the Town, through the open space if Option 5 is chosen so if necessary the town can cut through, in the future. D. Pomeroy stated that he can’tremember a time that the Commission had the option to cut through to a cull de sac and didn’t. The Commission mentioned that a prior subdivision, Royal Crest North and South had originally been considered as a through road but the plans were changed to the current cul de sac at Royal Crest North, due to the steep topography and significant wetlands crossing. Chairman Hiscox discussed with the Commission instances in the past where the Commission did not decide to cut through. Chairman Hiscox mentioned the Plan and collector roads and feeder roads. He feels there is no pressing desire to cut through to Dogwood in regards to the Plan of Conservation Development. D. Pomeroy mentioned the Inland Wetlands Commission and the State Dept. of Health recommending that Lot 17 & 18 be preserved. G. Graveline also mentioned the State of Connecticut and the Inland Wetlands Commission’s comments, and comments from neighbors asking to preserve the area around lots 17 &18. Chairman Hiscox stated that they are looking for protection on these lands that are alreadyprotected. G. Graveline would like to see lot 17 & 18 protected and he would like to see the road going through. T. Galvin stated that if Option #3 didn’t connect to Dogwood that would be what he is most in favor of. He does not like Option 1 or 2. Chairman Hiscox proposed that there be a strip of open space across the top deeded to the Land Trust and that the road not cut through. The Commission discussed where the strip of greenway would connect to. Motion by A. Havican seconded by T. Galvin to set aside as open space the continuous strip going across the top of the property (Option #5), a minimum of 100 feet wide (picking up the vernal pool). The land will be deeded to the Land Trust with an easement for the Town. The open space is not to exceed the approximate 6 acres (15%) allowed for open space. G. Graveline abstained. Motion carried.
Toll Brothers, Inc. Prospect Commons Elderly Housing Development, 120 Scott Rd. Bond Estimate. B. Donovan discussed with the Commission the bond estimate; a separate bond on each phase of development. There will be six different bonds over the course of the project. And more than one bond/phase can run concurrently. The Commission feels that this is a good approach. Motion by D. Pomeroy, seconded by G. Graveline to approve the bond proposal as presented, for Toll Brothers Inc., Prospect Commons Elderly Housing Development located at 120 Scott Rd. Unanimous.
New Business:
KLN Realty, 69 Waterbury Road – Site plan review
Joe Commendatore, owner of the property stated that there will be a change of ownership. The new owner, Jim Juliani, will maintain the same type of business that has been there for years. He will re-asphalt the entire front of the property, the island will be removed where the pumps were and there will only be one entrance instead of 2. The lighting will be installed by CL&P on their poles. (No more exterior lighting.) There are going to be 3 bays. Chairman Hiscox stated that he doesn’t want the flags etc. He wants Mr. Juliani to keep in mind the character the Commission is trying to preserve, and make whatever improvements he can to improve the appearance of this property. The Commission doesn’t want to see a collection of junk cars and used car parts. The Commission is trying to make the place neater along that strip of road and the whole town. Mr. Juliani stated that the hours of operation will be Monday through Friday 9 a.m. to 7 p.m. and Saturday 9 a.m. – 4 p.m. Mr. Juliani stated that it will be a very conservative upscale dealership. Chairman Hiscox mentioned plantings that won’t block visibility and no abrasive lighting. D. Pomeroy asked about maximum amount of cars. Mr. Juliani stated that he would anticipate 30 cars or less. The Commission recognized that this is a pre-existing conforming use on the property. At some point in the future the underground tanks will be removed. The Commission was satisfied with the site plan as presented. The Commission discussed asking for a formal application for site plan approval. The Commission wants to ask the town attorney when the Commission should ask for a formal site plan review when there is a change of ownership. Land Use Inspector’s Report: B. Donovan mentioned Cease & Desist sent to St. Anthony’s Church. Also, another Cease & Desist regarding a variance denial with the ZBA which will be sent out this week. There is currently an appeal before the courts regarding this issue. The town attorney instructed B. Donovan that a Cease and Desist should be issued. B. Donovan also mentioned an increase in sandwich board signs. A letter has been sent out to the businesses in town that are in violation. D. Pomeroy mentioned the fence at the Citgo gas station. There is a driveway through the fence which is not on the approved site plan. The Commission specifically asked for the fence to stop all connections between the two separate lots. That business is not in compliance with their site plan. Chairman Hiscox mentioned the towing trucks on Cook Road. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector’s report. Unanimous.Public Participation: Greg Ploski, Clark Hill Rd. agrees with the site plan issues and that everyone should come before the Commission when there is a change of ownership regardless of the use of the property.
Motion by A. Havican, seconded by D. Pomeroy to adjourn at 8:59 p.m. Unanimous.
Robert Hiscox Robert Hiscox, Chairman