Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, Al Havican and Tom Galvin Alternates Present: Jack Crumb & Al Delelle Others present: none Members Absent: none
Chairman Robert Hiscox called the meeting to order at 7:01p.m. The meeting was taped.
Approval of Minutes: Motion by G. Graveline, seconded by A. Havican to approve the minutes of the May 3rd, 2006 meeting. Unanimous.
Correspondence: 1.) Northeast Utilities Community Builders Institute: Economic Development-Crash Course 2.) Redding Planning Commission-Re: Community Housing and Affordability 3.) Brownsfields 2006-Revolution in Redevelopment Convention
Motion by T. Galvin, seconded by D. Pomeroy to accept the correspondence. Unanimous.
PUBLIC PARTICIPATION: Ann Stein from Cook Road submitted to the Commission a brochure from the Prospect Land Trust regarding Prospect’s Open space.
OLD BUSINESS:
Kathleen A. Christiano, A.C.E. Personal Trainer, Fitness for Women Only, 27 Platt Drive-Renewal of 3 year Home Occupation Permit. Motion by G. Graveline, seconded by T. Galvin to renew for 5 years Kathleen A. Christiano’s Home Occupation permit for A.C.E. Personal trainer, Fitness for Women located at 27 Platt Drive. Unanimous.
Quality Hardwood, 80-84 Scott Rd. Request for 5 year extension of approved Special Permit. Chairman Hiscox suggested that the Commission grant a temporary 30 day extension of the permit and that the Commission set a site visit before making a multi year extension. Motion by A. Havican, seconded by T. Galvin to grant an extension until July 6th, 2006 for Quality Hardwood’s special permit located at 80-84 Scott Road. Unanimous.
Discussion on Section 5.3.2.2 regarding outdoor open storage of recreational vehicles. Motion by T. Galvin, seconded by D. Pomeroy to set a public hearing on July 7th, 2006 at 7:30 p.m. for an amendment to Section 5.3 of Prospect’s Zoning Regulations regarding Outdoor Open Storage of Recreational Vehicles. Unanimous.
LAND USE INSPECTOR’S REPORT: J. Crumb mentioned the Citgo Gas Station. The applicants need to comply with the approved site plan. There are still old gas pumps in the back, no fence has been installed yet, and the air pump has also not been installed. J. Crumb also mentioned a large horse trailer in the front yard at 33 Maria Hotchkiss Road.
PUBLIC HEARINGS:
>7:15 p.m. Jeff Slapikas, 51 Royal Crest Dr. Proposal to amend Section 5.2.2.1 of the zoning regulations3 – Private Garages-detached. Chairman Hiscox read the entire “Notice of Public Hearings” as it appeared in the Republican American on May 5th and May 12th, 2006. Chairman Hiscox also read the letter from South Central Regional Council of Governments stating that they received notice regarding the proposed amendment to Section 5.2.2.1 and they will discuss it at their next meeting. Jeff Slapikas is asking that the regulation be changed for the maximum size of a detached garage to be the same as an attached garage: 800 square feet. The Chairman asked if the new attached garages that are being built today are exceeding the area regulations, and if they are, maybe that regulation should also be amended. The applicant feels the height restrictions should stay the same. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for a proposed amendment to Section 5.2.2.1 of the zoning regulations-Private Garages detached submitted by Jeff Slapikas, 51 Royal Crest Drive. Unanimous. Motion by T. Galvin, seconded by D. Pomeroy to amend Section 5.2.1.1 and Section 5.2.2.1 of the zoning regulations-Private Garages increasing the maximum area allowed for a detached garage from 600 to 800 square feet and increasing the maximum area allowed for an attached garage from 800 to 1,100 square feet. Effective date June 17th, 2006. Unanimous./br> <
7:25 p.m. American General Investors, 44-50 Waterbury Rd. Special permit for commercial building. The Chairman stated that any of the testimony that was stated at the previous public hearing is part of this public hearing. (Refer to approved P&Z minutes “Public Hearings” dated 4/19/06) The Commission received proof of notification to abutting property owners. The Chairman asked for comments from the public: John Kaufman, 84 Clark Hill Road is in favor of the proposed commercial building. He thinks it will be an asset to the town and he thinks it’s a wise use of the business zone. Chairman Hiscox asked the applicant whether or not the proposed restaurant will be serving alcohol. The applicant stated that is up to the owner of the restaurant and that he will be coming into the Commission. The Chairman wanted Mr. Guastaferri to be aware that Section 4.12.3 does not allow restaurants serving alcohol within 1500 feet of a playground. Dave Carson, from OCC Group representing the applicant submitted revised plans. Motion by T. Galvin, seconded by A. Havican to close the public hearing for a new commercial building proposed by American General Investors located at 44-50 Waterbury Rd. Unanimous. D. Pomeroy mentioned aligning the driveway curb cuts and crosswalks from Hotchkiss Field to this site. The applicant stated that they are prepared, prior to construction, to discuss with the Subway property owner the issue of either an adjoining side walk or a driveway connection between the two properties. Mr. Carson also mentioned possibly moving the painted crosswalks across the state highway. The Commission stated that they would be in favor to looking at a merge or eliminating of a curb cut if possible. Motion by G. Graveline, seconded by T. Galvin to approve the application for a new commercial building proposed by American General Investors located at 44-50 Waterbury Rd. 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.
7:30 p.m. Finno Development Inc., 80 Cook Rd. Application for 27 lot subdivision. (7:37 p.m.) The Chairman read petitions submitted, asking that the proposed subdivision not be approved as presented. The reasoning for the request is “In accordance with our town’s plan (pgs 81, 82 and map 20), and the CT State Growth and Management Principle 5, page 79 of the 2005-2010 Conservation and Development Policies Plan, the over development of this “conservation water supply watershed area” should be denied. “As a general density for water supply watersheds, require minimum lot sizes of one dwelling unit per two acres of “buildable” area (excludes wetlands)”. This area is defined as such, even though it is not owned by a water company. Approving this proposed development is not in the best interest of our town and its citizens. It undermines everything that is important to our way of life in Prospect. It proposes to compromise our water and drinking water quality, our natural resources, public health and safety, and over all well being in general. We are asking this commission to represent its constituents that elected you to office and not an outside developer for their own personal financial gains at our expense, be them known or unknown at this time. The Chairman also read a letter from the Inland Wetlands Commission advising the Planning & Zoning Commission that this application was approved before them and that they requested a Conservation Easement on lots 17 & 18 to help protect the watercourse that passed through these two lots from unauthorized or unintended human disturbance. The Chairman also noted the letter from Chesprocott Health District stating that all lots are suitable for septic systems designed by a professional engineer. A letter from the Prospect Land Trust was also submitted proposing that the open space be set aside on Lots 9, 10, 11, and 12. The Prospect Land Trust also suggested that the town purchase Lots 13 and 14. Correspondence was also received by South Central Connecticut Regional Water Authority dated May 2, 2006. Copies of this correspondence are to be sent to the commissioners. A letter from Mayor Robert Chatfield was also submitted opposing Country Hill Estates subdivision stating that he wants to be guaranteed that all the households have sufficient water supply to their homes. The applicants submitted proof of notification to abutting property owners within 100 feet of the proposed subdivision. Dennis McMorrow with Berkshire Engineering presented the application. They are proposing a 27-lot subdivision on 40.5 acres in an RA1 district (1 acre zoning). The property has frontage on Cook Road and also has access to a cull de sac along Dogwood Drive. They are proposing to build a road, 1,700 feet in length that will connect Dogwood Drive and Cook Rd. approximately 200 feet in length. There will also be 3 additional cull de sacs off of the road. The drainage flows north to south. The existing town pipe culvert on Cook Road is inadequate to handle a 50 or 100 year storm. The applicant discussed drainage. The town has made the applicants aware of the flooding problem on Roaring Brook Road. The applicants’ plan reduces the peak higher storm flows while also maintaining the smaller storm flows (the majority of the water will be going to the reservoir.) Mr. McMorrow wanted to note on the record that the subdivision map states that prior to installing a foundation, a well will be drilled eliminating concerns with water issues. The applicant submitted a proposed open space plan if the Commission were to ask them to set aside land for open space, although the applicant did request to pay a fee in lieu of open space land. Their open space plan sets aside Lot 17 part of Lot 18 and Lot 9. A portion of Lot 8 is proposed to be set aside as open space if necessary. Chairman Hiscox asked for comments from the public: John Kaufman, 84 Clark Hill Road (a 35 year resident of Prospect) is on the Inland Wetlands Commission. He is also the Chairman of the Prospect Open Space Advisory Committee. Mr. Kaufman submitted a letter from John Dykeman, Prospect Land Trust regarding open space. The Chairman asked about how many acres total are lots 9, 10, 11, and 12. Total, they are approximately 5.03 acres. The max that can be requested for open space is 6.07 acres, which is 15% of the total area of the property. Alberto Miño, 55 Talmadge Hill Rd. is also with the conservation commission and he is also a member of the open space subcommittee. Mr. Miño submitted a map showing vacant property, property that has already been developed and current projects etc. Mr. Miño is concerned about water quality. He feels that the Commission should request the DEP to advise the town in the area of water quality and hydrology. He asked that they demonstrate the impact on water quality and water flow. Mr. McMorrow believes that they have met water quality concerns and Land Tech, the town’s consultant has approved the plans and have no further comments. Bill Risdon of 23 Dogwood Drive is concerned about storm water run off, mosquito problems, ground water and wells. Mr. Risdon asked that the Commission request the State Health Department to do a review on the impact of this development on public drinking water and other concerns. Chairman Hiscox asked about blasting associated with this development. Dennis McMorrow stated that they do anticipate some blasting with this project for a small portion of the road. Chairman Hiscox mentioned a letter dated April 24th, 2006 from Land Tech, the town’s consultants, stating that the applicant has substantially addressed the review letter and have no additional questions or concerns. There was further discussion regarding swamp area and other drainage issues. Dennis McMorrow stated that there is a swamp on the back of the properties and a wetlands area. Kathy Vander-Eyk owns property on Spruce Drive and the entire back of her lot is wetlands. The Commission discussed problems with wells. Chairman Hiscox stated that the only thing the town can do with the water issue is deny the Certificate of Occupancy if there is not adequate water. The Commission can not assume that after the developer drills wells or blasts there will be a negative impact on surrounding properties and wells. Mrs. Vander-Eyk is also concerned about slopes, well drilling prior to building the house and traffic issues. The Commission will discuss with Public Works whether or not the surrounding roads can adequately handle the proposed development and traffic. Tom Lenz, 64 Cook Rd. expressed his concerns regarding wells. Atty. Ed Duffy is representing the applicant and stated that the Inland Wetlands Commission requested that the developer start the first phase at the bottom near the detention basin. Mr. McMorrow stated that the open space they are proposing is not predominately swamp and wetlands. The Commission was presented with pictures showing the storm and flooding issues existing already on the Gedraitis farm, directly next to the proposed development. The public is also concerned about all the development around town and assuring that the developers do what they are suppose to do. Bob Crandall from 14 &16 Spruce Drive expressed his concerns about drainage and water runoff on his property. Mr. McMorrow stated that this development will have no impact either way regarding this issue. Alberto Miño, 55 Talmadge Hill Rd. expressed his concerns again regarding wetlands and the stream running through and near this property. He feels that there will be large impacts and repercussions on the surrounding areas. Ann Stein from Cook Road asked if the applicant addressed all Land Tech’s concerns. Chairman Hiscox stated that the applicants have addressed all concerns and that these issues were addressed at wetlands. Land Tech has signed off on all comments and concerns at this point and the Inland Wetlands Commission did approve this application. Mrs. Stein also mentioned page 32 of the regulations suggests that a complete hydraulic study be done. She also asked why Dogwood Road is being connected at this time. Atty. Duffy stated that the Public Works Dept. asked that the developer connect Dogwood Drive to Cook Road in terms of safety, connecting roads, planning alternate routes. The Commission can decide to ask the applicant to alter the plans differently and override other recommendations. Mrs. Stein stated she would like to see low density housing on this property. John Kaufman, 84 Clark Hill Rd. a commissioner of the Inland Wetlands Commission stated that they only look at issues regarding the Wetlands Regulations and regulated activities. Peter Stock, 24 Dogwood Drive is concerned again about the traffic and site lines. He asked that this road be posted as not a thru street for cut through traffic; local traffic only. Barnie Kathan, 229 Cheshire Road also a member of the Land Trust stated that he supports the comments regarding the Conservation Easement and their recommendations regarding open space, the traffic, the water quality, and the density issues. He also expressed his concerns regarding the over development of this town. The Chairman stated that regarding open space, he would like to reduce the number of houses going in and reduce the overall density of the project. The Chairman asked what happens to this development if the Commission were to concur with the Land Trust recommendations. Could the development be redesigned to accommodate Land Trust recommendations and if so then that would address a few issues, the density, the open space, and may eliminate issues regarding well and drainage issues for a few of the surrounding areas. The Commission would like to see a revision in terms of how the development would be designed if there were 6 acres designated as open space. A Site walk was set for May 31st at 5:30 p.m. Atty. Duffy discussed the open space issue and also mentioned the town’s Plan of Conservation of Development and the definition of open space. The Commission discussed other potential areas for designated open space. This public hearing continued to June 7th at 8:00 p.m.
NEW BUSINESS:
Gina Flammia & Tim France, Preliminary site plan review for video store located at 138 Waterbury Rd. The Commission discussed site line issues. The Chairman stated that they would look for signage, parking spaces, lighting, and the entrance to the store. They also discussed side walk to entrance. The Commission also asked if the exit could go onto Route 69, the state highway.
PUBLIC PARTICIPATION: None
ADJOURNMENT:
Motion by T. Galvin, seconded by A. Havican to adjourn the meeting at 10:12 p.m. Unanimous.
Robert Hiscox Robert Hiscox, Chairman