Town of Prospect-Boards & Commissions
Planning & Zoning Commission
Approved Minutes
June 7, 2006
Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, Al Havican and Tom Galvin
Alternates Present: Jack Crumb & Al Delelle
Others present: Land Use Inspector, Bill Donovan
Members Absent: none
Chairman Robert Hiscox called the meeting to order at 7:00p.m. The meeting was taped.
Approval of Minutes: Motion by G. Graveline, seconded by T. Galvin to approve the minutes of the May 17th, 2006 meeting. Unanimous.
Correspondence
1.) Connecticut NEMO Newsletter-Spring 2006
2.) South Central Connecticut Regional Water Authority-Legal Notice published in the New Haven Register 5/17/06
3.) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter
4.) Letter from Mark Wither, 9 Southridge Rd., Re: Arthur Denze’s Home Occupation.
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. B. Donovan stated that he called Mr. Denze who stated that he has relocated his business to Waterbury. The inflatables that he sets up on the weekends are for his own children’s use. Chairman Hiscox asked that Mr. Denze submit a letter stating he has relocated his business and that the inflatables on his property are for his own personal use. Chairman Hiscox also stated if Mr. Denze is indeed conducting his business out of his home he will be fined immediately. Unanimous.
Letter of Correspondence from Mayor Chatfield requesting that the Commission approve the purchase of 11 Center Street. The Capital Plan was also attached. Motion by T. Galvin, seconded by D. Pomeroy to approve Mayor Chatfield’s request for the purchase of 11 Center Street per Section 8-24 “Municipal Improvements”. Unanimous.
PUBLIC PARTICIPATION: Joe Commendatore from 69 Waterbury Rd. wanted to make the Commission aware that there is a change of ownership at 69 Waterbury Rd., formerly “Hometown Auto”. The buyer will be gutting the inside of the building, fixing the outside and asphalting the grounds. B. Donovan asked if possible if he can see a site plan with lighting, signage, etc. R. Hiscox stated that he would like the site plan to come to the Commission, showing lighting, landscaping, signage etc., this is a high profile area. Chris Buchholz, Morris Rd. asked about the scoreboard at Canfield Park regarding a sign that was on the snack building and they were asked to take it down. He also wanted to state that he doesn’t agree with the amendment proposed for recreational trailers. John Kaufman, 84 Clark Hill Rd. has some concerns about the signs on utility poles all over town. B. Donovan stated that a Cease & Desist can be sent out to either the property owner “CL&P” or the business putting the signs up. The Commission asked that B. Donovan send a letter to CL&P indicating the concerns they have with the signs on the utility poles and the regulations in Prospect. D. Pomeroy stated that you have to know exactly who owns the poles, either AT&T or Northeast Utilities or send a letter to both making them aware of the problem and the town’s regulations. John Kaufman also mentioned newspaper stands attached to utility poles on the side of the road. He was wondering what the town’s regulations were on this.
OLD BUSINESS: (see page 2
Quality Hardwood, 80-84 Scott Rd. Request for 5 year extension of approved Special Permit.
PUBLIC HEARINGS:
7:10 p.m. Robert & Mark Capanna, 145, 145A, & 147 Summit Rd. Application for 10 lot subdivision. (7:17) Chairman Hiscox read the “Notice of Public Hearing” as it appeared in the Republican American on May 26 & June 2, 2006. Andy Greene an engineer from Milone & MacBroom gave a brief presentation of the proposed subdivision. The property is located on the West side of Summit Road. The property is zoned R1A (Residential One Acre).The subdivision contains 3 parcels as part of the application. The first is 147 Summit Rd. which has an existing single family house, 145 Summit Rd. is 18.5 acres and 145A is 25.4 acres. The total area to be developed is 26.8 acres. The site is predominately wooded and the topography slopes south to north. There is an existing gravel driveway/road. Culverts have been installed where the watercourse crosses the gravel roadway. The applicants are proposing 10 single family house lots including the 1 existing house. The lots range from 1-4 acres in size. The applicants proposed 3.5 acres set aside as open space at the western end of the development at the end of the cull de sac. The road is approximately 1800 feet in length. The houses will be served by on site septic and individual wells. The storm drainage design is fairly standard/ typical. There are 2 drainage systems using a series of catch basins and pipes. There will be 2 water quality detention basins; this ensures that there will be no increase in the peak rates of
runoff leaving the site. Some minor changes have been made to the plans based on a meeting with the Inland Wetlands Commission. The roadway was shortened and minor changes were made to the existing culverts. There is a right of way proposed to extend to a large undeveloped parcel at 157A Summit Rd. There is a preliminary review before the Commission tonight for a 25-lot subdivision at 157A Summit Rd. which is the abutting property to the proposed subdivision. Andy Greene submitted a revised plan of the right of way and temporary cull de sac to the Commission. Chairman Hiscox asked about the right of way to the rest of the property. Andy Greene discussed the 2 current rights of ways. G. Graveline asked about 123 Summit Rd. and where the access is to that piece of property. G. Graveline asked if 123 Summit Rd. is suitable for development or is it all wetlands. Mr. Greene stated that there is one rear lot being proposed. R. Hiscox mentioned to the applicant that the regulations state rear lots should be avoided. Land Tech Consultants conducted a review of the proposed plans and the applicants will revise their plans for the next meeting. R. Hiscox asked whether or not the Land Trust is interested in the open space proposed for this subdivision. Chairman Hiscox stated that the Commission will need to know what is going to happen with the open space. Andy Greene submitted the appraisal which is approximately $40,000.00 (10% of the appraised value prior to development $400,000.00) Chairman Hiscox asked for comments from the public: Jeff Greenawalt of 143 Summit Rd. stated that he is much happier with the current plan. Mr. Greenawalt asked about the placement of gravel on the road bed during construction and whether or not the developer can place more gravel to the end of his property. Mr. Greenwalt also asked how soon the road will be paved. He also wanted to remind the Commission that his house sits 7 feet from the property line and wanted to know what the width of the road will be. B. Donovan stated the paved width will be 24 feet wide. Mr. Greenawalt also asked about aligning the proposed road to be across from Wihbey Drive. He wanted to know if the paved section of the road can be shifted in the right of way. R. Hiscox asked B. Donovan what the Commission can do to align the road to the north to be across from Wihbey Drive for safety reasons. Chairman Hiscox feels that the Commission should make this intersection as safe as it possibly can. B. Donovan mentioned maintenance issues and winter snow shelf. Attorney Patrick McGrath representing the applicant stated that he understands the Commission’s concerns. The road has already been shifted once but it is possible to shift the paved portion of the road in the right of way. He would like to have the Commission contact the town’s attorney and determine whether or not she has concerns or issues. Chairman Hiscox stated that if it can be done it should be done in the best interest concerning traffic and safety concerns. Atty. McGrath mentioned the appraisal and in respect to the Open space, the plan has already been modified in terms of the lay out. Atty. McGrath also mentioned the rear lot; he feels that the one rear lot does meet the specific requirements in Prospect’s Subdivision Regulations. Mr. Greenawalt also asked about utilities and what side of the street the utilities will be on. The applicant stated that the utility company comes up with a plan and they decide what side of the street the utilities will be on. The regulations state that “all proposed utilities including electric, gas, telephone and cable shall be installed underground, if physically possible” Don Romanski, 117 Summit Rd. asked about well water. Andy Greene stated that Chesprocott has certain requirements in terms of where the well is on the lot and how far away from the septic etc. He stated that a 10 lot subdivision draws so little water that they generally don’t impact the water table or the subsurface geology. Chairman Hiscox read a letter of correspondence from Adolph and Sylvia Andro of 149 Summit Rd. stating their concerns regarding the water runoff and water quality. They also asked why 147 Summit Rd. is included in this plan. Tom Lenz, 64 Cook Rd. asked about the detention basins and where they are located on the property and also where the wetlands are located. Steve Aldman, 135 Summit Rd. stated that he likes this proposed subdivision better than the previous one. The public hearing was continued to June 21, 2006 at 7:10 p.m. John Kaufman asked if the Commission was going to have a site walk. He stated that the Open Space Purchasing Advisory Committee would like to see the proposed open space. A site walk was set on June 14th at 5:30 p.m. Paul Cappella, 139 and 137 Summit Rd. asked if there were going to be new homes built behind his property.
7:30 p.m. Amendment to Section 5.3 of the regulations – Outdoor Storage of Boats and Recreational Trailers. (8:14 p.m.) Chairman Hiscox referenced the “Notice of Public Hearing” as it appeared in the Republican American on May 26 & June 2, 2006. The public hearing is being held concerning the outdoor storage of recreational trailers and boats. Issues that have been brought to the Commission’s attention were seasonal use, recreational trailers and boats being classified under unsightly materials, and the concerns about the size of the vehicles. Chairman Hiscox asked for comments from the public: John Kaufman asked what the current regulation is. Chairman Hiscox discussed the current regulation. B. Donovan discussed some of the modifications to the regulation in regards to setbacks. The public hearing was continued to June 21st at 7:30 p.m.
8:00 p.m. Finno Development Inc., 80 Cook Rd. Application for 27 lot subdivision. (8:21 p.m.) A site walk was held at the property on May 31st. There are two letters of correspondence: a letter from the State of Connecticut Dept. of Public Health requesting more time to review the plans and make comments in regards to this application. The applicant agreed to submit a request for extension of time for the public hearing. Chairman Hiscox read a letter from Amy & Joseph McManus of 12 Meadow Lane asking that the Commission stop the excessive building in town. Chairman Hiscox asked for comments from the public: Cathy Vander-Eyk, 12 Spruce Dr. stated that her concerns are the slopes of the land, water runoff and drainage, traffic concerns, wetlands concerns and how close one of the homes are to the wetlands; she is also concerned about the swamp area. Tony Estevez, 168 Cook Rd. expressed his concerns about traffic. G. Graveline asked whether or not there will be enough room in the proposed driveways for the property owners to turn around. Dennis McMorrow the engineer representing the applicant stated that there are turnarounds in all the proposed driveways. Chairman Hiscox asked about the wetlands. Mr. McMorrow discussed wetlands issues. The Inland Wetlands Commission did review the regulated activities taken place on the lots closest to the wetlands on Spruce Drive. The Inland Wetlands Commission also asked if possible that the stone wall be rebuilt to provide for an additional buffer for the wetlands. D. Pomeroy asked about Lot 17 and 9 that the applicant proposed as being designated as open space if needed. Dick Morrison, 22 Boulder Brook Court is in favor of the Prospect Land Trust’s request for the open space. He is in support of the specific lots that the Prospect Land Trust did ask to be designated as open space. He also asked the Commission to take a look at the density of the development. He also expressed his concerns regarding drainage. Mr. Morrison would like the Commission to take frequent site walks during the construction phases of this development if approved and any other developments to ensure that what is being done is what was approved. G. Graveline asked about the recent past storm event. Dennis McMorrow stated that the detention and water quality basin for this proposed development is designed for a hundred year storm event. Tom Lenz, 64 Cook Rd. expressed his concerns regarding wells, wetlands, and where the water goes after it’s directed to the existing culverts. John Kaufman, 84 Clark Hill Rd. discussed the past storm and the extensive rain that was only on one side of the town towards Clark Hill Rd. and Spring Rd. Mr. Kaufman also mentioned the Prospect Open Space Purchasing Advisory Committee who recently held a meeting and discussed the concerns with this development. They will have a report at the next public hearing. Chairman Hiscox proposed protecting the ridgeline by designating a total of 6 acres from lots 10, 11, 12, 13, & 14 as open space. The Chairman stated this will reduce this subdivision by 5 houses, preserve a greenway, and protect one of the areas on lot 14 (pond). The Chairman feels that this proposal will coincide with the Plan of Conservation and Development. Chairman Hiscox mentioned the issues of whether or not there needs to be a cut through to Dogwood Dr. if the ridgeline of those lots were designated as open space. Attorney Duffy wanted to discuss the applicant’s feelings on the definition of open space. This subdivision is based on land that is basically all buildable. No matter what land is designated it is going to be good land. He discussed his research of other subdivisions in the past 2 years in Prospect and he also discussed past subdivisions Mr. Finno, the developer, has built in Town. Chairman Hiscox stated that the Commission has received requests from the Land Trust and in this case they have said that they are very interested in this piece of land. Atty. Duffy discussed the state statutes and the different ways land can be set aside. Atty. Duffy and the applicant want to be treated fairly. Chairman Hiscox mentioned the Commission is not asking the applicants to designate the 6 acres of open space as the best 5 lots of the subdivision; it’s addressing concerns that have been brought forth to the Commission. Peter Stock, 24 Dogwood Dr. expressed his concerns regarding traffic and water quality. He supports the open space plan the Chairman requested. G. Graveline mentioned page 65 of the Plan of Conservation and Development regarding open space. He doesn’t agree with the open space designation that the Chairman is requesting, from Lots 10, 11, 12, 13, & 14. He doesn’t see how this is viable. G. Graveline also stated that the Commission tries to eliminate cull de sacs as best they can. D. Pomeroy stated that good planning dictates that the proposed road goes through to Dogwood Drive. Christine Baker, 187 Matthew Street agrees with the Chairman’s suggestion regarding open space. She also asked about what type of heat the houses will be provided with. Atty. Duffy stated that it’s the home owners/buyers decision. Atty. Duffy further discussed open space and other instances what Prospect and other surrounding towns have done in regards to open space. Chairman Hiscox asked what it would cost the town to buy the 6 acres he requested be designated. D. Pomeroy asked why the Chairman is requesting those lots as opposed to others considering those lots are surrounded by private property. The Chairman stated that there are other issues associated with this development in regards to traffic etc. This is a way to address multiple concerns and not just the open space concern. Atty. Duffy doesn’t think that the Commission should assume that the developer would necessarily transfer the fee interest to any particular group. Tom Lenz, 64 Cook Rd. agrees with the Chairman’s request for open space. The Public Hearing was continued to June 21, 2006 at 7:35 p.m.
NEW BUSINESS:
LTF Builders, 180 Church Street, Naugatuck. Preliminary review for 25 lot subdivision at 157A Summit Rd. Rowland Desrosier, a Land use planner and Surveyor, presented the Commission with their preliminary plan. Mr. Desrosier had previously discussed their proposal with B. Donovan, the Capannas and Gene McCarthy. Chairman Hiscox asked where the right of way comes onto Summit Rd. The Commission also asked how many rear lots are being proposed. Mr. Desrosier stated that are 3 proposed rear lots. Chairman Hiscox stated that will be an issue with the Commission. He suggested the elimination of as many rear lots as possible. Mr. Desrosier wanted to discuss open space. Chairman Hiscox stated that the Commission would obviously want to connect to the proposed open space for Summit Heights, the Capanna’s subdivision. Mr. Desrosier stated that there is about 50 acres of land in the entire subdivision. There is a 75 foot buffer from all the wetlands, except for the necessary driveway crossings. Chairman Hiscox suggested the applicant look at designating 7 acres of open space that links in with the Summit Heights subdivision’s proposed open space. Chairman Hiscox stated that he would like to see as much land as possible for passive recreation: hiking, biking, etc. If possible maybe connecting somehow to the Toll Brothers project. There was general discussion on open space.
Gina Flammia & Tim France, Application for Site plan approval for a proposed video store located at 138 Waterbury Rd.
The applicants were not in attendance. G. Graveline stated he went and looked at the property and he doesn’t agree with the exit coming out on Route 69. The Commission agreed that they don’t want the traffic from the future business at 138 Waterbury Rd. exiting onto Route 69.
OLD BUSINESS:
Quality Hardwood, 80-84 Scott Rd. Request for 5 year extension of approved Special Permit. A site walk was set for June 14th 2006 at 7:00 p.m.
LAND USE INSPECTOR’S REPORT:
B. Donovan presented the Commission with a picture of a sign that’s hanging from a stockade fence on Cook Rd. The Commission and B. Donovan are in agreement that this is a civil issue. There was general discussion on signs being placed on utility poles. The Commission also briefly discussed the Sunoco gas station. B. Donovan stated that the fence is going up and some bushes have been cut down. Motion by A. Havican, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.
PUBLIC PARTICIPATION:
Greg Ploski, 114 Clark Hill Rd. mentioned that double frontage lots in the regulations are to be avoided; in the Subdivision regulations page 17-18. The Commission reviewed the subdivision regulations and there was general discussion.
ADJOURNMENT:
Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 10:20 p.m. Unanimous.
Robert Hiscox, Chairman