Town of Prospect-Boards & Commissions

Planning & Zoning Commission

Approved Minutes

June 21, 2006

Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, and Al Havican
Alternates Present: Jack Crumb
Others present: Land Use Inspector, Bill Donovan
Members Absent: Tom Galvin & Al Delelle (alt.)

Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.

J. Crumb was seated for T. Galvin.

Approval of Minutes: Motion by D. Pomeroy, seconded by G. Graveline to approve the minutes of the June 7th, 2006 meeting. Unanimous.

Correspondence:
1.) Connecticut Water Company – Connecticut Water Company Water Supply Plan dated: June 8, 2006
2.) Letter from Arthur Denze-Re: Inflatables on his residential property at 12 Southridge Rd.

Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous.

  • Letter of Correspondence from Mayor Chatfield requesting that the Commission approve a bond, under Connecticut General Statutes 8-24, for repairs of various town roads, and for the Prospect Senior Center at 6 Center Street, a parking lot fill to raise grade, with drainage, paving, curbing, lighting, fencing and inside fixtures. Motion by D. Pomeroy, seconded by A. Havican to approve under Section 8-24 of the Connecticut General Statutes, Mayor Chatfield’s request for a bond for repairs of various roads and for the Prospect Senior Center at 6 Center Street for a parking lot fill to raise grade, with drainage, paving, curbing, lighting, fencing and inside fixtures. Unanimous.

    • PUBLIC PARTICIPATION: John Kaufman, 84 Clark Hill Rd. asked about the signs on utility poles.

    New Business:

  • Motcat Inc. 80 Straitsville Rd. Re-subdivision application. Karen Westoff Januska submitted the application as an agent of Motcat Inc. Motion by G. Graveline, seconded by A. Havican to accept the application from Motcat Inc. for a re-subdivision at 80 Straitsville Road and set the public hearing for July 5th, 2006 at 7:10 p.m. Unanimous.

  • HESCH, LLC., 54A Talmadge Hill Rd. Zone Change application from Planned Congregate Elderly (PCEH) to Residential One Acre (R1A) Frank Marcantonio submitted the application. He also stated that this application is for the entire parcel including the commercial strip in the front. Motion by G. Graveline, seconded by D. Pomeroy to accept the application from HESCH, LLC, for a zone change from Planned Congregate Elderly (PCEH) to Residential one acre (R1A) at property located at 54A Talmadge Hill Rd. and set the public hearing for July 5th, 2006 at 7:20 p.m. Unanimous.

  • Prospect Cemetery Association, Special Permit application for a cemetery located at 166 Union City Rd. Roger Allen, the president of the Prospect Cemetery Association, submitted the application. He stated that he has met with DOT and Chesprocott and they both gave him their approval and he is currently before the Inland Wetlands Commission. Motion by D. Pomeroy, seconded by G. Graveline to accept the application from Prospect Cemetery Association for a cemetery at 166 Union City Rd. and set the public hearing for July 5th, 2006 at 7:30 p.m. Unanimous.

    • OLD BUSINESS:

  • Quality Hardwood, 80-84 Scott Rd. Request for 5 year extension of approved Special Permit and Amendment to Site Plan. Motion by A. Havican, seconded by G. Graveline to accept Quality Hardwood’s application for an amendment to their site plan at 80-84 Scott Rd. Unanimous. Motion by J. Crumb, seconded by G. Graveline to extend Quality Hardwood’s Special Permit for an additional 5 years. Unanimous. B. Donovan stated that he would like to have the bond reinstated to cover the town for the next 5 years. Jay Praskievicz, the applicant stated that the current opening from the building to the tree line is 54 feet. He is placing a gate that is 38 feet. The gate will begin at the front corner of the building. They are also going to fill in the 14 feet the commission was concerned about on the right side as you enter the property. Mr. Praskievicz was going to put new plantings in and take down some of the trees. The Chairman stated that anything that would screen the building and the piles in the back and the operation would help. Chairman Hiscox also stated that everything else on the site plan will stay the same. Mr. Praskievicz stated that the gate will be installed immediately and by fall he would like to have most of the landscaping etc. done. Motion by D. Pomeroy, seconded by A. Havican to approve the amendment to Quality Hardwood’s site plan for 80-84 Scott Rd. as presented. Unanimous.

    PUBLIC HEARINGS:

  • 7:10 p.m. Robert & Mark Capanna, 145, 145A, & 147 Summit Rd. Application for 10 lot subdivision.(Public Hearing continued from June 7th, 2006 A site walk was conducted on this property. Chairman Hiscox read correspondence: a letter from Mayor Chatfield opposing Summit Heights Subdivision, stating that he wants to be assured that there will be sufficient water supply to the homes due to past water issues at other subdivisions; a letter from Chesprocott approving all 10 lots for septic; and a letter from Tim McGrath, 119 Summit Rd. regarding drainage issues and flooding problems on his property. (Mr. McGrath’s lot does not abut the proposed subdivision property.) Ted Hart, with Milone & MacBroom, representing the applicant, stated that the water on the Summit Heights property drains the opposite direction of Mr. McGrath’s property. Atty. Patrick McGrath, representing the applicants mentioned Mr. Greenwalt, an abutting neighbor, regarding his request to move the road to align with Wihbey Drive. Atty. McGrath consulted with the town’s attorney and she did not see any issues with aligning the driveway with Wihbey Drive. Ryan McEvoy with Milone and MacBroom discussed changes that were made to the plans since the last meeting. He also stated that they have addressed Land Tech Consultants comments. The road was shifted 15 feet to the north to align it directly across from Wihbey Drive. Chairman Hiscox asked for comments from the public: Shanara DePasqual, asked how many houses are being built; Mr. McEvoy stated that there are 9 new homes being proposed. John Dyckman the President of Prospect Land Trust submitted a letter discussing Open Space requirements. He also read a letter into the record further discussing open space. Mr. Dyckman also discussed a public access way to the open space. Atty. McGrath stated that the applicant intends to allow access through the end of that cull de sac and there is no proposed guard rail. Jeff Greenwalt, 143 Summit Rd. asked about the 50 foot right of way. Mr. McEvoy stated that from Mr. Greenwalt’s property line to the curb is just over 30 feet. John Kaufman, 84 Clark Hill Rd. stated that he was impressed with the applicant in offering the town something decent as far as open space. B. Donovan wanted to make sure that the Commission’s was comfortable with the changes that have been made to the corner lot. By moving the right-of-way and paved portion of the road, it has reduced the frontage on Summit Road to less than 150 feet; this lot does have sufficient frontage on the new road. Chairman Hiscox wanted to make sure the Commission was ok with this. Chairman Hiscox believes this is the right thing to do and it makes for an intersection that is going to be safer and resolves some minor property issues on the other side and the lot has frontage on a new road. Chairman Hiscox also stated that this is not to set a precedent, it is strictly this unique situation and this is the appropriate thing to do. D. Pomeroy stated that this is without precedent. Mr. McGrath stated that he researched and discussed with Atty. Yoxall (the town’s attorney) regarding this issue and whether or not the corner lot needs two 150 feet frontages and they found that that is not required. Mr. McGrath mentioned the one rear lot and that it complies with all the regulations in regards to rear lots. B. Donovan asked if there is still sufficient shelf space for winter maintenance. Mr. McGrath stated that the entire right of way was moved, not just the paved portion of the road. Motion by D. Pomeroy, seconded by G. Graveline to close the public hearing for Robert & Mark Capanna’s 10-lot “Summit Heights” subdivision for property located at 145, 145A & 147 Summit Rd. Unanimous. The Commission needs to wait for wetlands approval and for whatever documents need to be prepared in regards to open space. Chairman Hiscox discussed page 19 of the subdivision regulations discussing the open space. Atty. McGrath stated that the applicants will submit the necessarydocuments.

  • 7:30 p.m. Amendment to Section 5.3 of the regulations – Outdoor Storage of Boats and Recreational Trailers.(Public Hearing continued from June 7th, 2006. Chairman Hiscox read the correspondence from Council of Governments of the Central Naugatuck Valley stating that they received notification of the proposed amendment and South Central Connecticut Regional Planning Commission letter stating that the proposed amendment to this regulation does not appear to cause a negative inter-municipal impact. Chairman Hiscox asked for comments from the public: Shanara Depasqual asked general questions regarding the amendment to the regulation. Chairman Hiscox discussed the process when a complaint or an issue comes before the Commission or the Land Use Office. Jackie Johnson discussed her concerns and she stated that she pays taxes on her vehicle and feels she should be able to park her trailer on her lot. Chairman Hiscox stated that this is not a new regulation; this is an amendment to the regulation to make it easier. Chairman Hiscox discussed the history of the fine ordinance. Tom Lenz, 64 Cook Rd. asked for clarification on the amendment; he also stated that it is not a permanent structure. The Commission tried to be as accommodating as possible while still keeping the regulation in line. Heinz, Brodesser, Juggernaut Rd. discussed his lot and asked how long this regulation has been enforced. Chairman Hiscox stated that the regulations somewhat set the character for the town. G. Graveline asked what Mr. Brodesser would suggest. Mr. Brodesser asked if surrounding neighbors agree and give permission can they park their trailers elsewhere on the property not necessarily in compliance with the regulations. Harold Peck also asked about enforcement of this regulation. Chairman Hiscox discussed the process. George Buffington, Plank Rd. feels that this regulation discriminates against people with a small property or a sloping property. A resident of Birchwood Terrace also asked about written consent from neighbor. The Commission discussed taken a percentage of the lot depending on the size of the lot. A resident of Talmadge Hill Rd. discussed her recreational trailer. Ann Stein mentioned maybe having a permit process. Kathy Nelson, Apple Hill Drive asked if people can request a variance to park their vehicles. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for an Amendment to Section 5.3 of the regulations – Outdoor Storage of Boats and Recreational Trailers. Unanimous.

  • 7:35 p.m. Finno Development Inc., 80 Cook Rd. Application for 27 lot subdivision. (Public Hearing continued from May 17th, 2006 (>8:44 p.m.) Chairman Hiscox read the letter of extension submitted by the applicant, dated June 21, 2006, a letter from State of Connecticut Department of Public Health -drinking water source protection review. B. Donovan discussed the letter. Atty. Duffy representing the applicant discussed the concerns that have been addressed throughout the application process. Atty. Duffy discussed the issue of wells and stated that the wells will be drilled before the foundations are poured. Atty. Duffy submitted a hydrology report done by Dr. Charles Dimmick, a certified professional geologist. Mr. Dimmick stated that in this particular case this is very similar to many other subdivisions throughout the State. He discussed the history of other subdivisions in the State and that this site is entirely capable to handle the wells needed for the development and drilling these wells will not affect the surrounding area wells. Dr. Dimmick discussed the breakdown on how he determined whether or not the property is sufficient for new wells for this proposed subdivision. Dr. Dimmick stated that you need a minimum of 2 gallons a minute for the production of the well and these proposed new homes would not be tapping the same water supply so the wells for this project will not affect the properties on Dogwood or Spruce Drive, the closest properties. Dr. Dimmick mentioned blasting and whether or not blasting can affect a well. In the 20-30 he has investigated, 2 wells were affected by blasting and they were within 50 feet. of the blasting. Dr. Dimmick submitted the original copy of his geologic and hydrogeologic report. Chairman Hiscox asked about the underlying bedrock and whether or not applicant will have to blast for any of the foundations. Dr. Dimmick stated that possibly on lot 19 blasting will need to be done for the foundation. Dennis McMorrow with Berkshire Engineering stated that the blasting for the foundations would be minimal. B. Donovan asked about the 7 inches (of the 44 inches a year) percolating into the ground and whether or not it is adequate to recharge the wells of this subdivision. D. Pomeroy asked what the standard is in Connecticut for the percolation of the water into the ground. Atty. Duffy submitted 6 copies of the hydrology report for the Commission. Dennis McMorrow with Berkshire Engineering and Surveying wanted to comment on the letter from the State Health Dept. Mr. McMorrow spoke with Jennifer Pagosh who wrote the letter and discussed what she was particularly reviewing. The letter she sent to the Commission were suggestions only. Mr. McMorrow discussed the comments from the State Health Dept. Mr. McMorrow also spoke with Gene McCarthy, the Asst. Director of Public Works regarding drainage. A few changes have been made in regards to drainage after comments from Mr. McCarthy. Mr. McMorrow discussed the 2 Open Space Plans that have been proposed. Mr. McMorrow presented a third open space plan addressing Chairman Hiscox suggestions for open space at the last meeting for lots 11-14 (6.08 acres), and eliminating Finno Drive. Mr. McMorrow then presented the Commission with Open Space Plan 4 trying to address all the concerns, including the concerns from the Inland Wetlands Commission. This plan eliminates Finno Drive. 10 would be a front lot and 11 would be rear lot (which would comply with the subdivision regulations pertaining to rear lots). The applicant is trying to come to a compromise that addresses all the comments and recommendations. Mr. McMorrow feels that this provides a good compromise for P&Z, Wetlands, and the Land Trust. The vast majority of opens space is good property. Chairman Hiscox stated that he doesn’t like the idea of splitting up the open space. He proposed the elimination of Finno Drive which he feels is a positive step towards where they want to go, and instead of setting aside part of Lot 17 set aside Lot 11. This accomplishes some of the things the Commission wanted to do, but not all of it. Atty. Ed Duffy asked for clarification. Chairman Hiscox stated that Open Space Plan 3 does reflect the concept of what the he proposed at the last meeting. Atty. Duffy stated that he is now suggesting a compromise versus what the Commission proposed at the last meeting. Atty. Duffy stated that the applicant’s proposal tonight looks very similar to what was accepted at College Farms. Atty. Duffy did look at the regulation concerning rear lots and he feels that the proposed rear lot complies with the regulation. Chairman Hiscox asked for comments from the public: John Kaufman, 84 Clark Hill Rd. the Chairperson of the Open Space Purchase Acquisition Committee presented the Commission with 3 packets of information. Mr. Kaufman discussed the Town’s Plan of Conservation and Development. He referred to map directly after page 8 in the Plan and to page 9. Mr. Kaufman stated that not only does Prospect have a Plan of Conservation and Development but so does the State. The entire Finno property lies within a State of Connecticut Public Water Supply Watershed Area. The state plan recommends a minimum lot size per dwelling of 2 acres. The property is at the headwaters of 2 brooks which eventually leads to a drinking water supply. Mr. Kaufman feels that according to the Town’s Plan this is an important piece of property. Currently Prospect is not in compliance with the State Plan of Conservation of Development. Mr. Kaufman stated that he has studied a lot of the wells in the area. Mr. Kaufman proposed a buffer strip across the entire back piece set aside as open space. Mr. Kaufman further discussed his proposal for open space. There is a high grade of open space potential for this property. Mr. Kaufman stated that the Town Council currently has a sub-committee for Open Space. Chairman Hiscox stated that Mr. Kaufman’s proposal is making sense. He is proposing something that is very unique. Mr. Kaufman presented the Commission with his two proposals/ ideas for open space. The Commission discussed Mr. Kaufman’s proposal. G. Graveline feels that this proposal is a dead end. Carolyn Taylor, 54 Cook Rd. spoke on behalf of her mother is Elizabeth Vulmar who owns the property to the right of this subdivision. Mrs. Taylor read a letter from Mrs. Vulmar expressing her concerns. Mrs. Taylor asked if there is an end to how much a town can develop and whether or not there is a limit. Mr. Hiscox stated that the end is when the town runs out of buildable land. Theoretically all the buildable land can be developed. Anybody who owns land has the right to develop it. The town can, by regulation control how the town is developed but the town can not stop development. Mrs. Taylor asked about the 2 acre zoning recommended in the state plan. The Chairman stated that the Plan of Development is a guide; he also stated that the regulations do not allow the Commission to consider how much profit the developer is going to make. The Commission can not change the proposed subdivision property to 2 acres now that there is an application before them. The Chairman asked that the applicant draw up plans showing Open Space Plans 5 & 6 that were proposed tonight. John Dyckman, the President of Prospect Land Trust stated that there mission is education and preservation of land. He feels that density is a concern. Mike Gaglione from Regional Water Authority referred to his letter that was submitted earlier. He likes Mr. Kaufman’s proposal for open space (option 6). The second option he likes is Open Space Plan 3. Dennis McMorrow with Berkshire Engineering stated that Land Tech was able to see the grounds after the thaw. Mr. McMorrow also stated that drainage has been reviewed by Land Tech Consultants and all concerns were addressed. Atty. Duffy stated that the applicants will take a look at the proposal for open space (options 5&6). The Public Hearing was continued to July 5th, 2006 at 7:40 p.m.

    NEW BUSINESS: (see page 1)

  • Motcat Inc. 80 Straitsville Rd. Re-subdivision application
  • HESCH, LLC., 54A Talmadge Hill Rd. Zone Change application from Planned Congregate Elderly (PCEH) to Residential Once Acre (R1A)
  • Prospect Cemetery Association, Special Permit application for a cemetery located at 166 Union City Rd.

    LAND USE INSPECTOR’S REPORT:
    B. Donovan mentioned a meeting he has with Toll Brothers. He also mentioned that the Prospect Estates Subdivision on Cook Rd. is progressing and they are getting ready to develop the 3rd lot. B. Donovan also stated that he did try contacting Summit Roofing again regarding their signs on utility poles in town. B. Donovan has not yet found a contact number for CL&P. Chairman Hiscox asked about the status of GIS. B. Donovan stated that a representative from GIS was in last week and they are progressing. D. Pomeroy pointed out the truck s being parked at St. Anthony’s Church.

    Motion by D. Pomeroy, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.

    PUBLIC PARTICIPATION: Paul Schieffer stated that he thought just the property owner can change the zone of their property. Chairman Hiscox asked that B. Donovan contact Jennifer Yoxall, the town attorney regarding this issue (54A Talmadge Hill Rd.). The Commission needs to protect Paul Schieffer as the property owner until a court tells them different.

    ADJOURNMENT:
    Motion by G. Graveline, seconded by A. Havican to adjourn the meeting at 10:48 p.m. Unanimous.

    Robert Hiscox, Chairman