Planning & Zoning Commission

Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, & Tom Galvin
Alternates Present: Jack Crumb & Al Delelle
Other Present: Bill Donovan, Land Use Inspector
Members Absent: Al Havican

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

J. Crumb was seated for A. Havican.

Approval of Minutes:
Motion by D. Pomeroy, seconded by G. Graveline to approve the minutes of the October 4, 2006 meeting as amended. Unanimous.

Correspondence: none

Public Participation
Terry Dominey, 45 Williams Drive, doesn’t feel that Toll Brothers should be granted the waiver to move their buildings closer together. (See New Business page 2)

John C. Monroe, Paul Schieffer’s Attorney, feels that in regards to any zone change application at 54A Talmadge Hill Road, anyone who occupies this property would have to be over 55 years of age and these people would have already raised their children and it would not be a burden upon the Town of Prospect and the school system. Chairman Hiscox stated that the public hearing regarding the zone change was closed at a previous meeting.

Ann Stein, Cook Road, mentioned the application from Toll Brothers for the change in the regulation. She feels that there have been many other changes made to accommodate Toll Brothers and she hopes that we do not change the regulations just to increase the value of the Toll Brothers development and what they will earn. ( See New Business page 2).

Terry Dominey, 45 Williams Drive stated that if someone from Town sells their home to move into the Toll Brothers development a family with children will most likely buy his home.

Old Business:

Chairman Hiscox stated that the Toll Brothers modification should be on the agenda as New Business.

HESCH, LLC, 54A Talmadge Hill Rd. Zone Change application from Planned Congregate Elderly Housing (PCEH) & Business District (B) to Residential One Acre (RA1) (Public Hearing closed August 16, 2006) B. Donovan submitted a memorandum to the Commission to reference the Plan of Conservation and Development and Comprehensive Plan with their reasons to either deny or approve the application. Chairman Hiscox reminded the Commission that they did have a lengthy discussion and a motion to deny the zone change at the last meeting ,the motion to deny was withdrawn. Motion made by T. Galvin to deny the zone change application; Motion seconded by J. Crumb. Chairman Hiscox also reminded the Commission in regards to this application that there was a petition submitted by 20% of the property owners within 500 feet of the proposed zone change, therefore the Commission needs a 2/3 vote. T. Galvin and J. Crumb withdrew their motion to deny. Motion by J. Crumb, seconded by G. Graveline to approve the zone change submitted by Hesch, LLC for property located at 54A Talmadge Hill Road from Planned Congregate Elderly Housing (PCEH) and Business (B) to Residential One Acre (RA1). T. Galvin thinks it would be premature to change the only site we have in Town for congregate elderly housing without having something in a plan as to how we would potentially replace that. G. Graveline mentioned the commercial strip on this property and that it concerns him. Chairman Hiscox stated that he doesn’t see a need to change this to residential at this time and as he looked at this and as he looked at the Plan of Development he still feels a need to actively support the seniors in Town and find alternative types of housing for the elderly; this is the only location in Town where this zone exists. Also, in the Plan we have designated Route 69 for commercial development. Chairman Hiscox doesn’t think we need to add more residential land to the Town; the Plan references both growth of the Town and controlled growth of the Town. Chairman Hiscox stated he would like to leave the property as is. G. Graveline voted in favor. D. Pomeroy, T. Galvin, J. Crumb and R. Hiscox opposed. Motion denied.

Canfield Park update on new playscape. At the Commission’s request they received a copy of a scaled map from Christopher Moffo, showing where the playscape will be going on the property. The Commission is satisfied with the map submitted.

New Business:

Toll Brothers, 120 Scott Road-Modification of Approved Special Permit reducing minimum building separation distance from 40 feet to 25 feet. (Elderly Housing) Atty. Ned Fitzpatrick represented the applicants. Greg Kamedulski, President of Toll Brothers Inc. in Connecticut, Bob Robertson and Dan Walton from Toll Brothers were also in attendance. Attorney Fitzpatrick stated that Toll Brothers started this process in 2002. They have gone through the necessary process and received all the approvals from the boards and commissions in Prospect and also recently received the sewer approval from the City of Waterbury; since then the housing market has changed. Their proposed modification is still keeping the density the same and making no changes in the number of units. They are requesting a site plan modification to allow for some 2 unit buildings rather than all 3 and 4 units buildings. The outside units are selling quicker than the interior units. The roadway will not change and there is no encroachment into the Wetlands; some units have been pulled further back from the wetlands. The impervious surfaces increase by .8% per phase of the development. The applicants also mentioned that any modification is subject to the Town engineers’ review. In order to accommodate the market change and to keep the project the way it is, this design is a more marketable design not only to the developer but to the Town. Toll Brothers is asking for a modification to the site plan to allow the 2 unit buildings along with some 5 unit buildings and also asking to waive Section 4.1.8.7 to allow a 25 foot separating distance of the structures, which is consistent with the Congregate Elderly Housing Regulations, instead of the 40 foot separating distance now required. Atty. Fitzpatrick stated that this is an important matter to them in the market place and it is important for them to address this in terms of the timeliness; they are within the last stage of completing the acquisition. Chairman Hiscox asked where in the regulations it allows the Commission to grant a waiver for an approved site plan. Attorney Fitzpatrick stated page 191 Section 11.6.14 allows for such waiver. Chairman Hiscox stated that there is a process that allows this to occur. He also asked why the 40 foot separating distance was in place. Atty. Fitzpatrick was not sure. Chairman Hiscox stated that when he heard about the request he was very reluctant to grant Toll Brothers something else. He discussed the other changes and modifications that the Commission has made for Toll Brothers: they added elderly housing to the Commerce Park Zone; changed affordable housing required from 30% to 15%; waived the requirement for side walks on both sides of the road; clarified the issue of one story and two story buildings; gave some relief on the square footage of the community building, and also allowed for 2 temporary signs on the property. Chairman Hiscox state his initial feeling was that instead of projects complying with the regulations, the regulations are being modified for the projects. Chairman Hiscox stated when he saw that the Congregate Elderly Housing regulations require a separating distance of only 25 feet between buildings he was wondering why; he thinks it should be the other way around. Chairman Hiscox wanted to caution this commission to look back at what they have done and be cautious as we move forward with regards to the integrity of the regulations and changing them to meet project needs; but they do need to look at each project separately. Chairman Hiscox is in favor of the modifications. T. Galvin asked about the 5 units buildings. Atty. Fitzpatrick stated that there are some 5 unit buildings but there are the same amounts of units and the same amount of affordable units which will still be spread throughout the site in accordance with the regulations. Greg Kamedulski stated that the reason for the change is not to increase pricing; the change is to give them a better chance to sell units basically in the same price structure. The outside units sell more quickly; they are trying to keep the pace of sales going which is to the Towns and developers benefit. J. Crumb stated that he feels these units are more aesthetic looking. Mr. Kamedulski stated that there will be a substantial amount of 2 unit buildings (duplex); this will give them a higher percentage of 2 car garages decreasing the amount of outside parking. Also, 7 of the units have been pulled further away from the wetlands. None of the units further encroach into the wetlands regulated area. Mr. Kamedulski stated that the road layout, road grades and road drainage is exactly the same between the two plans. They had to re-engineer the drainage and grading slightly on the land where the buildings are going. G. Graveline asked how many buildings are separated by more than 25 feet. The applicants stated that the larger buildings have more space around them. The duplex also give this development more of a single family rural look. B. Donovan asked about the wildlife corridor. Atty. Fitzpatrick stated it has not been impacted at all. B. Donovan noted one new duplex would need to be relocated outside the wildlife corridor. Motion by D. Pomeroy, seconded by T. Galvin to approve Toll Brothers’ request for modification of approved site plan for property located at 120 Scott Road, reducing the minimum building separation distance from 40 feet to 25 feet. Unanimous. Chairman Hiscox wanted to reiterate his concern with changing regulations in accordance with projects; but he feels this is the right decision. D. Pomeroy feels that the Commission should be open to change and that this change is for a better project.

Zoning Violations/ Land Use Inspector’s Report: