Town of Prospect-Boards & Commissions

Planning & Zoning Commission

Approved Minutes
October 4, 2006

Board Members Present: Robert Hiscox, Gil Graveline (7:04 p.m.), Tom Galvin, Al Havican & Don Pomeroy (7:12 p.m.)
Alternates Present: Jack Crumb & Al Delelle
Others present: Bill Donovan, Land Use Inspector
Members Absent: none

Chairman Robert Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.

J. Crumb was seated for D. Pomeroy; A. Delelle was seated for G. Graveline.

Approval of Minutes:
Motion by T. Galvin, seconded by A. Havican to approve the minutes of the September 6, 2006 meeting. Unanimous.

Correspondence:
1.) Council of Governments of the Central Naugatuck Valley Re: Regulation amendment
2.) CEDAS Re: Northeast Utilities Community Builders Institute Presentation
3.) Connecticut Water Company Re: Public Act 06-53 notification requirement
4.) International Council of Shopping Centers Re: Connecticut Alliance Program

Motion by T. Galvin, seconded by A. Delelle to accept the correspondence. Unanimous.

G. Graveline arrived at 7:04 p.m.; consequently A. Delelle was removed from his seat.

Public Participation:
Dan Walton, Senior Project Manager for Toll Brothers, 120 Scott Road wanted clarification on temporary signage allowed for development of land and new construction. The regulation states there can be a sign 32 square feet in area. Mr. Walton is asking that he can place two temporary signs both 4 ft. by 8 ft. Chairman Hiscox stated that he doesn’t have a problem with this given the large size of the property and the development. The Commission is in agreement that this is a reasonable request..

Jay Calderaro, owner of 2-4 Summit Road (the old Merriman building) wanted to ask the Commission if she can convert three rooms on the second floor into an apartment in order for a care taker to be on the property at all times; there will only be one apartment. The Commission stated that she would have to meet all building codes that are necessary for the apartment along with all Chesprocott requirements. All other permits would still need to be issued separately. Chairman Hiscox stated that the concept of having a person on site is not a bad idea and there are other situations in Town like this such as the Dairy Bar etc. The Commission does not have a concern with this.

John Pannone, 26 Rockridge Terrace stated that his property borders 38 Industrial Road. He presented the Commission with pictures of before and after showing intrusions within the buffer zone. There is a transport company that transports fuel using the end of one of the buildings to store two tanker trucks. He feels that the trailers are within the buffer area.

D. Pomeroy arrived at 7:12 p.m. consequently J. Crumb was removed from his seat

These trucks are also leaving at 3:55 a.m. Chairman Hiscox stated that absolutely nothing should be happening at 3:55 in the morning at this property. T. Galvin stated that this is not in the fenced in area. Chairman Hiscox asked if these tankers are empty. Mr. Pannone stated that they are supposed to be empty. The insurance on this property does not allow a tanker truck unless it is empty. Chairman Hiscox stated that an activity in the buffer zone is not an approved use; the storage of these trucks with fuel in them is not an approved use; starting these trucks at 3:55 a.m. is not an approved use. However, the storage of these trucks, empty, in an appropriate area is an approved use. Fences in the buffer zone have been discussed in the past and is allowed because it would improve the situation, block light pollution etc. Chairman Hiscox asked how the Commission can get assurance that these trucks are empty and what safe guards are in place. D. Pomeroy mentioned the Federal Motor Carrier Regulations that state when the trucks are emptied the plaque cards are to be removed; those plaque cards indicate the type of product in the container. B. Donovan stated that he did go up to 38 Industrial Road and he met with the driver. The driver stated he can not leave fuel in the truck at all, unprotected. His insurance won’t allow it. The owner of the property also stated that their insurance does not allow these types of vehicles with fuel in them on this site. Chairman Hiscox asked about the drip pans that should be under these vehicles. D. Pomeroy stated that if this truck is full there is to be secondary, double walled containment. Chairman Hiscox stated that these trucks are in violation of the regulations; any kind of tanker like this and other vehicles out there should all have drip pans underneath them. Chairman Hiscox asked that B. Donovan visit the site, assess the situation and the owner be informed that these tankers need to removed and no activity can take place in the buffer zone. Appropriate spill devices should be under all vehicles being stored on this property. Chairman Hiscox also wants the property owner to be reminded of the allowed hours of use and that in no way should these trucks be moving in and out of this property outside of the normal business hours. T. Galvin asked that B. Donovan determine exactly where the buffer zone is located. Mr. Pannone also mentioned 2 dumpsters that have been placed on that property. It is debatable whether or not they are in the buffer zone but the dumpsters are picked up at approximately 4:10 a.m. Mr. Pannone asked if the dumpsters can be located somewhere else on the property. The Commission has never regulated garbage pick up but if they are in the buffer zone they need to be relocated. The owner could possibly move the dumpsters elsewhere on the property in order to not disturb the neighboring residential properties. Mr. Pannone also asked why he is the one having to report these violations. Chairman Hiscox stated that the proper operation of the property is the responsibility of the property owner. They should advise the tenants of the regulations and town requirements. Chairman Hiscox wants the Fire Marshall to be asked about the proper storage of tanker trucks. The new owner may not be aware of the certain expectations and regulations on this property. There is not a regulation that requires signs identifying the buffer zone. John Lombard, owner of the property stated that he was not aware of these issues. He stated that he could address the issues with the dumpster and he will take care of the activity within the buffer area.

Old Business: (see page 3)

Public Hearings: None

New Business:

  • Chris Moffo from the Board of Recreation wanted to discuss with the Commission a new playscape being installed at Canfield Park He wanted to bring the Commission up to date. He presented the Commission with pictures of the park and where the playscape will be installed. This playscape will be located on Town property. The parking will remain the same utilizing Algonquin School and Region 16 property; a fence will be placed across the driveway. T. Galvin asked if the Commission should require a site plan, drawn to scale showing parking, tennis courts, playground etc. The Commission stated that a sketch would be adequate just to give them a better idea of where everything is and where the new playscape will be located.

  • Approval of Summit Heights Subdivision (located at 145, 145A & 147 Summit Road) Bond Proposal. Motion by A. Havican, seconded by T. Galvin to approve the Summit Heights Subdivision bond as presented, for $310,000.00. Unanimous.

    li>Schedule possible Site Walk at Prospect Estates Subdivision (located at 193 Cook Road). B. Donovan discussed wetlands issues with this property. The Commissioners will do walks on their own and no formal site walk will be scheduled. B. Donovan will contact the owner and make him aware that the Commissioners will be walking the property.

    Chairman Hiscox read a letter from Robert Capanna requesting that the Commission grant a 90 day extension of time allowed to record the Subdivision Mylar Map for Summit Heights Subdivision ( located at 145, 145A, & 147 Summit Road). Motion by T. Galvin, seconded by G. Graveline to grant a 90 day extension of time to record the Subdivision Mylar Map.

    Unanimous.

    Old Business:

  • HESCH, LLC, 54A Talmadge Hill Rd. Zone Change application from Planned Congregate Elderly (PCEH) & Business District (B) to Residential One Acre (R1A). (Public hearing closed August 16, 2006) The applicants do have permission from the Bankruptcy Court to proceed. The information submitted at the last meeting was also presented after the close of the public hearing and is not admissible according to the Town Attorney. Motion made by T. Galvin, seconded by A. Havican to deny the application for a zone change at 54A Talmadge Hill Road from Planned Congregate Elderly Housing (PCEH) & Business District (B) to Residential One Acre (R1A). T. Galvin stated that he doesn’t feel that this property should be zoned R1A. A. Havican and T. Galvin stated that they do not feel that changing this property to R1A is the best use of this property at this time. D. Pomeroy stated that he is concerned to deny this application to change this property back to residential when this property was previously zoned residential. T. Galvin discussed the Plan of Conservation and Development. D. Pomeroy asked if the Board of Education is interested in this property. D. Pomeroy asked if this property is environmentally sensitive how would allowing a school be less of an impact? The property was originally zoned Residential One Acre and the owner came before the Commission and went through the process to change it to Planned Congregate Elderly Housing (PCEH) and Business. Chairman Hiscox stated that if this zone change is approved there will be no where in Town that PCEH could go unless someone comes in for a zone change to PCEH somewhere else in Town. G. Graveline discussed his concerns. This property is surrounded by Residential One Acre zoning. R. Hiscox mentioned the Plan and controlling the growth of the Town. If this was approved, the Town would be creating more residential homes which are tax negative to the town. G. Graveline also mentioned the commercial strip. He is nervous with putting a plaza of a high volume nature versus a residential development. T. Galvin withdrew his motion. The Commission will take action on this application at the next meeting.

    Land Use Inspector’s Report:

  • Zoning Violations :
  • Ron Lacombe, 249 Cheshire Road – Possible Home Occupation without Special Permit & Commercial Vehicles being stored on the property. Mr. Lacombe has been sent a notice and there has been no response yet.
  • James Lamarre, 27A Juggernaut Road – Commercial equipment being stored on the property. B. Donovan spoke to Mr. Lamarre and he stated he sold his tree business. The equipment that was on his property recently was his neighbors; they were clearing trees on their property and asked if they could store the equipment on Mr. Lamarre’s driveway until they are finished. The equipment has since been moved.
  • Williams Drive – Canvas Huts. B. Donovan sent notices and has received no response as of yet.

    R. Hiscox mentioned other canvas huts on Williams Drive and Summit Road. He also mentioned a trailer that has been parked in the front of the property at 59 Plank Road and is now being parked in the back of the property. B. Donovan mentioned Cease & Desists that have been sent to Mr. Bednarek and Mr. Buchholz on Morris Road for the location of their recreational trailers. T. Galvin mentioned Service Master Business that used to be located on Amber Court. The Business has been relocated out of Town and the property has been cleaned up. B. Donovan mentioned the notice of registry making people aware of zone changes and regulation changes that have been initiated by the Commission. There is a Public Act in effect requiring this registry. B. Donovan presented the Commission with a Notice of Site Walk for the Inland Wetlands Commission for 157A Summit Road. The Commission may want to attend the site walk to discuss the potential open space before a formal subdivision plan is submitted. B. Donovan also stated this subdivision will tie into the Summit Heights subdivision. B. Donovan also mentioned the required notification to the State Dept. of Health if an application is located within a public drinking water watershed area.

    G. Graveline asked if we still have a bond in place for Boulder Brook Development. B. Donovan stated that he would have to check on that. G. Graveline asked about the sewer line at Boulder Brook. He wanted to know if the ground covering the sewer line was going to be seeded in case of a washout when there is a lot of rain. B. Donovan stated that they placed wood chips temporarily until wild flowers are planted. B. Donovan also mentioned that he doesn’t remember the Commission setting hours for 38 Industrial Road outside of the gated part only. T. Galvin agrees, he doesn’t remember setting hours of operation for that section of the property. There was general discussion on use of this property. Motion by D. Pomeroy, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.

    Public Participation:

    Greg Ploski, 114 Clark Hill Road asked about stabilization of properties such as Boulder Brook property; Wood chips are just temporary.

    D. Pomeroy mentioned touring a Toll Brothers development in Palm Springs, California; they were very luxurious. Some of the concepts he really liked; there was one curb cut per building. D. Pomeroy was impressed with their presentation.

    G. Graveline asked whether or not subdivision approvals go with the land or the applicant. B. Donovan stated that the approval etc. goes with the land as long as the Mylar is filed.

    The Commission discussed the easement at 82 Straitsville and 80 Straitsville Road. B. Donovan stated that everything was in place and the easement was properly recorded. B. Donovan discussed a zoning violation for a building placed within the property line setbacks at 42 Heritage Drive pending litigation and history of the issue.

    Motion made by G. Graveline, seconded by D. Pomeroy to pursue all legal remedies necessary to rectify this situation of the illegal building on 42 Heritage Drive. Unanimous.

    Possible Executive Session:

  • Job performance review of Land Use Inspector
  • Pending Litigation – Rodrigues Cease & Desist, 42 Heritage Drive

    Motion by G. Graveline, seconded by A. Havican to go into Executive Session at 9:20 p.m. to discuss job performance review of Land Use Inspector. B. Donovan, the Land Use Inspector was invited. Unanimous.

    Motion by T. Galvin, seconded by A. Havican to come out of Executive Session at 9:43 p.m. No votes or motions were made during Executive Session. Unanimous.

    Adjournment:

    Motion by D. Pomeroy, seconded by A. Havican to adjourn at 9:45 p.m. Unanimous.

    Robert Hiscox

    Robert Hiscox, Chairman