Board Members Present: Robert Hiscox, Gil Graveline, Al Havican
Alternates Present: Jack Crumb Others present: Bill Donovan, Land Use
Inspector
Members Absent: Don Pomeroy, Tom Galvin & Al Delelle
(alt.)
Chairman Robert Hiscox called the meeting to order at 7:05 p.m. The meeting was taped. Seat Jack for Tom Galvin
Correspondence:
1.) Letter from a Prospect resident addressed to
Chris Buchholz and copy to P&Z Re: Outdoor open storage of recreational
vehicles.
2.) Northeast Utilities Community Builders Institute-Economic
Development - Workshop Session - A Crash Course
3.) Carmody & Torrance
letter Re: Lomic, LLC and the Southridge Estates Phase JJ Executed Site Bond.
4.) Joseph Kanada, a student at the Yale School of Forestry &
Environmental Studies, letter Re: Survey for the Commission.
5.) Council of
Governments of the Central Naugatuck Valley, A Profile of the CNVR: 2005
The Chairman mentioned the Open Space Advisory Committee. Members include John Kaufman, Inland Wetlands Commission; Chris Moffo, Board of Education; Gary Baldowski, Conservation Committee; Tom Galvin, Planning & Zoning Commission and Theresa Graveline, Town Council.
Public Participation: Chris Buchholz, 4 Morris Rd. asked if we require names and addresses for correspondence. The Chairman stated that we frequently get anonymous correspondence.
Old Business:
Andy Adames. 126 Waterbury Rd. Application for Site
Plan approval for a proposed restaurant. (Public Hearing closed: 2/1/06) There
is still no final approval from the State Health Department. The Commission took
no action at this time. Chairman Hiscox read letter from the applicant
consenting to a 65 day extension of time for making the decision.
O& G-Review of Section 1-C of O&G Resolution of Approval Re: Seismograph. (Discussed at Bi-Annual review) Motion by G. Graveline, seconded by J. Crumb to amend O&G's Resolution of Approval dated January 5, 2005 by removing the requirement for a seismograph to be located within the quarry floor. Unanimous. Chairman Hiscox stated mat he feels that this is a reasonable request. O&G has been very cooperative in the past.
|New Business:
Norman Schain. 71 Straitsville Rd. Home Occupation
Special Permit an office for an Income Tax business. This application is for a
tax preparation business. Mr. Schain requested that he be allowed to conduct
business on weeknights and weekends considering this is a second occupation for
him. He stated mat there will be no signage and there will be one client at a
time. The Chairman stated that this is the type of business that Home
Occupations are designed for. Motion by A. Havican, seconded by G. Graveline to
accept a Home Occupation Special Permit application from Norman Schain, located
at 71 Straitsville Rd. for an Income Tax Business and set the public hearing for
April 19th, 2006 at 7:15 p.m. Unanimous.
Old Business: (Cont)
Discussion on Section 5.3.2.2 regarding
outdoor open storage of recreational vehicles. The Commission will hold off on
this discussion until there are more commissioners present. The Chairman
mentioned size limitations, issues of safety, screening, and seasonal use. The
Chairman asked the Commission to draft any changes they would like to see made
and send comments and thoughts to B. Donovan for a future, formalized discussion
on this issue.
Planning & Zoning Commission March 15, 2006 2
New Business:
(Cont from p.l)
American General Investors, 44-50 Waterbury Road.
Special Permit application for a proposed commercial building within a Business
zone. David Carson, representing the applicant from OCC Group stated that the
proposal is to construct a 12,000 sq. ft. commercial building, adjacent to the
existing building that houses Hometown Luncheonette. They will be reconfiguring
the parking lot and repaying. The existing commercial building will remain. The
Chairman asked for architectural drawings. The applicants stated that they have
already received wetlands approval. Mark Guastaferri of American General
Investors mentioned the restaurant and stated that the septic and well is
already hi place to handle these types of business. The septic system plan has
been submitted to Chesprocott and should be reviewed and all set for the public
hearing. The storm drainage is designed for a 100 year storm. B. Donovan stated
that the Commission will want to know about the lighting, access management, and
curb cuts. Mr. Carson stated that there are 4 existing curb cuts and they are
reducing them to 2. The signage is also shown on the submitted plans. Motion by
G. Graveline, seconded by A. Havican to accept a Special Permit application from
American General Investors for a proposed commercial building located at 44-50
Waterbury Rd. and set the public hearing for April 19th, 2006 at 7:20 p.m.
Unanimous.
Public Hearing:
7:30 p.m. (7:33 p.m. Toll Brothers. 120 Scott Rd.
Special Permit application for a proposed elderly housing project. (Continued
from 1/11/06). The Chairman read a letter from Land Tech Consultants stating
that they have received revised updated plans and the application and materials
and based on a review of these materials the applicant's consultant has
satisfactorily addressed all of then- stated concerns. Atty. Edward Fitzpatrick
representing the applicants with regard to this application was in attendance,
along with Dan Walton from Toll Brothers and John Mancini from BL Companies.
Atty. Fitzpatrick stated that they have nothing further to add to the record.
They are here to respond to comments from the Commission or members of the
public. The Chairman asked for comments from the public: Barbara Koshier, 18
Knapp Drive is concerned about the traffic. Chuck Witkawski, 6 Coer Rd. has
looked into other developments like this in other towns. He is concerned that hi
me future they will end up not being age restricted. For example a condo
development in Branford. The Chairman stated that the Commission is attending a
state wide meeting where the topic is elderly housing. The Chairman asked that
B. Donovan call the Land Use Inspector in Branford and ask him about this topic
and then- opinion and what has happened in then- town regarding these types of
developments. Atty. Fitzpatrick stated that he'll follow up with B. Donovan to
discuss what comments were made. He stated that other towns that have had
problems with these types of developments might not have as strict regulations
as Prospect Doreet Lloret, 95 Salem Road doesn't understand why the units have 3
bedrooms. Atty. Fitzpatrick stated that the regulations permit 3 bedroom units
in this type of development. He also stated that it is not uncommon for age
restricted housing to have 3 bedrooms. Sometimes the owners use the extra
bedrooms as an office, a guest bedroom, or an elderly parent's room; sometimes
husbands and wives sleep in separate rooms also. Chuck Wilkowski mentioned the
heliport again mat he discussed at me last meeting. Vincent Pangia, 22 Timber
Hill Rd mentioned the gas line. The Chairman stated that the entire gas line
strip remains untouched except for a road crossing. Mr. Pangia asked if there is
any danger with the gas line. The Chairman stated that the developer has to work
with the gas company but there aren't any units on the gas line. The Chairman
stated that it's a restricted area. Mr. Pangia also asked about Scott Road and
the access to 1-84 and he mentioned bis traffic concerns. The Chairman stated
that the Scott Road reconstruction has nothing to do with mis application. It's
very difficult to predict what traffic patterns will change after the
reconstruction of the road and after the proposed development. Mr. Pangia
mentioned the no thru trucks signs. He asked if this restriction would be
removed after Scott Rd. is widened. The Chairman stated that Public Works deals
with those kinds of issues; extensive traffic studies have been done. The town
and the Commission are well aware of the potential change in the traffic
patterns. Christine Baker, 187 Matthew Street asked about the selling prices.
She stated mat mere is a conflict with what the newspaper says and what Atty.
Fitzpatrick stated at the last public hearing. He stated that the affordable
units start at approximately $140,000 (15% of the units.) The units that are not
affordable will be starting at approximately $290,000. Ms. Baker requested that
the press clarify the pricing for everyone. Motion by G. Graveline, seconded by
A. Havican to close the public hearing for Toll Brothers Special Permit
application for a proposed elderly housing project at 120 Scott Rd. Unanimous.
The Commission will have a 65 day period to make a decision and outline any
conditions that the Commission would like to put in the Special Permit
New Business: (Cont from p.l)
Finno Development Inc., 80 Cook Rd. Pre-application review for proposed 27 lot subdivision. The Chairman stated mat this is a preliminary, informal discussion. Attorney Edward Duffy is representing Finno Development. Dennis McMorrow of Berkshire Engineering and Reggie Finno were also in attendance. The preliminary plans were submitted. Atty. Duffy stated that this is a 40.5 acre parcel with frontage along Cook Rd. and also a 50 foot access to Dogwood Drive. The applicant is proposing to connect Dogwood Drive to Cook Rd. There will be approximately 4,000 feet of road, including 3 short cull de sacs. D. McMorrow discussed the minimum buildable area. The plans are also showing grading and a complete erosion and sedimentation control plan. The applicants have had several meetings with Bob Oley, the town's consultant from Land Tech. and Gene McCarthy the Assistant Director of Public Works discussing drainage. D. McMorrow also discussed the flooding problem on Roaring Brook Rd. He stated mat there will be a dual outlet structure for a detention pond with a high level overflow. They are currently still before the Wetlands Commission, no decision has been made yet. The Chairman stated that drainage and wetlands issues are for the Inland Wetlands Commission. D. McMorrow also stated mat there are no interior lots. They are proposing to do the fee in lieu of the open space land. The Chairman asked what the appraisal amount is. The applicant staled that it will be submitted as part of me record at me formal public hearing. The Chairman stated that the Land Trust does have some ideas as for as open space. He asked the applicants to determine where they would oronose ooen soace if thev had to designate the 4 plus acres of open space. The Chairman also mentioned that he wants to be sure what the boundaries of the original parcel were and what changes have been made. Any. Duffy discussed the history of the property. The new map with the lot line revisions is recorded in the Prospect Town Clerk's office. Finno Development was not involved in this litigation. The Commission wants to be clear as to what they're voting on. B. Donovan stated that Gene McCarthy and Mr. McMorrow have put together plans that are both beneficial to the developer but also the town as far as drainage etc. B. Donovan mentioned that it is possible that the quantity and quality of the well water will be discussed at the public hearing; those problems have come up at other subdivision applications. B. Donovan also mentioned the proposed buried water holding tank. It is shown on the side of the road in front of the detention pond which will both end up being town property as part of the road system.
Land Use Inspector's Report:
B. Donovan stated that he spoke to
the town Attorney mis week and he was informed that Prospect Resource Group
withdrew their appeal of the Commission's decision to deny the application to
amend the Plan of Conservation and Development. B. Donovan has also had two
separate people approach him asking if the town would be receptive to changing
the zone to residential. B. Donovan has mentioned in the past that he would like
me Commission to consider re-zoning mis parcel to residential (54A Talmadge Hill
Rd.) B. Donovan recommended that a public hearing be set to propose rezoning
this parcel to residential including the commercial strip in the front B.
Donovan doesn't think this area can support a dense Congregate Elderly
Development because of the fact that the land can not handle an onsite sewage
facility. Chairman Hiscox stated that his concern is that the Commission would
be encouraging development in town. For the Commission to initiate the zone
change opens the potential for more residential developments. That area in town
is designated by the state as a conservation area. B. Donovan stated that it's
possible that someone can develop only the Commercial strip. B. Donovan also
mentioned the Inland Wetlands Commission, Zoning Board of Appeals, and the
Planning and Zoning Commission meeting with the Town Attorney. Chairman Hiscox
also mentioned wanting to discuss the commissioners legal rights. B. Donovan
also mentioned the Executive Session-Special Meeting on Wednesday March 22,2006.
He asked if the Town Attorney needs to be in attendance. Chairman Hiscox stated
that a brief has been written and B. Donovan will be sending copies to the
commissioners. After they review the brief they will determine whether or not
they feel that the town attorney needs to be at the meeting. The goal is to come
to some consensus on the legal issues the night of the meeting. Chairman Hiscox
mentioned construction equipment on Roy Mountain Rd. He also mentioned the new
gas station/convenience store at 20 Union City Road which has opened up and it
is not meeting the requirements of the site plan mat was approved. Chairman
Hiscox stated that there is no access to drive around the building. B. Donovan
needs to get in touch with the owner of the property and indicate that the
vehicles need to be moved immediately. Also the fence that was required as part
of the site plan has not been installed. The old Sunoco gas pumps are also in
the bushes in the back of the lot. The Chairman feels that the business is being
run in an unsafe manner and these issues need to be fixed. Chairman Hiscox also
asked about POD storage units. He stated mat there are two at the 911 facility
and no permits have been issued for them. Chairman Hiscox asked who actually
owns the facility. J. Crumb asked if permits need to be acquired for PODS even
if it's a few days, for example when someone is moving.Motion by A. Havican,
seconded G. Graveline by to accept the Land Use Inspector's report
Unanimous.
Public Participation:Greg Ploski, 114 Clark Hill Rd. mentioned
changing zones especially Congregate Elderly to Residential. He stated that he
doesn't agree with changing the zone on this particular property. He doesn't
feel that we should lose a possible tax advantage to a possible disadvantage. B.
Donovan stated the he feels that this parcel of land although zoned congregate
elderly this property, located at 54 A Talmadge Hill Rd., could never handle
this type of development due to DEP and Health regulations. Mr. Ploski stated
mat the regulations might not be the same in the future and eventually could be
able to handle an onsite sewage facility. Mr. Ploski doesn't feel that the
Commission should take initiative to change the zone of someone's property. The
Chairman stated that it is up to the property owner.
Motion by G. Graveline, seconded by A. Havican to adjourn the meeting at 9:27 p.m. Unanimous.
Robert Hiscox, Chairman