Board Members Present: Chairman Hiscox, Don Pomeroy, Tom Galvin, Al Havican. <.br<Alternates Present: Jack Crumb & Al Delelle Others Present:Bill Donovan, Land Use Inspector Members Absent: Gil Graveline
Chairman Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
J. Crumb was seated for G. Graveline.
Approval of Minutes: Motion by T. Galvin, seconded by D. Pomeroy to approve the minutes of the August 16, 2006 meeting as amended. Unanimous.
Correspondence: 1.) Connecticut Federation of Planning & Zoning Agency Quarterly Newsletter Summer 2006 2.) Letter of appreciation from Frank L. Marcantonio-Re: 54 A Talmadge Hill Road 3.) Letter from DEP Re: Organic Land Care Workshop 4.) Council of Governments of the Central Naugatuck Valley Re: Minutes for May 2, 2006 Meeting.
Motion by A. Havican, seconded by T. Galvin to accept the correspondence. Unanimous.
Public Participation: Jean Wihbey, 82 Straitsville Road discussed a driveway easement from 80 Straitsville Road onto 82 Straitsville Road. She feels this easement is not right. The Commission discussed recording easements on the land records. She stated that this easement was never disclosed to her. She feels there are a lot of things that aren’t right with this whole transaction. Chairman Hiscox stated that easements are not under the control of this Commission; and the wetlands issues are the authority of the Inland Wetlands Commission. The Commission did have a discussion on the driveway at the last meeting. The majority of the Commission came to the conclusion that the easement was not a violation of the Zoning Regulations. There is no action before the Commission right now because building on that lot is not under the Commission’s control. Chairman Hiscox mentioned contacting the town attorney to see if there is any legal action that the Commission or Land Use Office can take to postpone the building on this property because there appears to be conflicting plans. Chairman Hiscox also mentioned to Ms. Wihbey that she may want to consult her attorney if she hasn’t done so already. The Commission at the last meeting discussed their concerns on the usage of the driveway. This Commission has no legal standing in regards to easements.
John Strong wanted to bring something to the attention of the Commission referring to an application for a zone change at 54A Talmadge Hill Road. He is in possession of a government document that pertains to this Commission. He wants to leave it with this Commission. In this government document that has been approved by a federal court an applicants’ rights were terminated on the 9th of August and the public hearing on a zone change should not have gone forward. He is suggesting that before the Commission votes they \ review this document. Mr. Strong is referring to the application for a zone change at 54A Talmadge Hill Road. The Commission accepted the correspondence under public participation.
John Monroe wanted to mention that the applicants for the zone change at 54A Talmadge Hill Road, Hesch LLC, rights were terminated as of August 10th.
Old Business:
Finno Development, Inc., 80 Cook Road. Application for a 27-lot residential subdivision. (Public hearing closed 7/5/06) The Commission has received a letter from the Land Trust which states they are not interested in the open space land; therefore the land will be deeded over to the Town of Prospect. There is a mistake in the numbering on the Draft Resolution of Approval and it will be changed. Atty. Duffy submitted to the Commission the revised plan showing the change in the open space near the Ridgewood Club. J. Crumb asked about changes in drainage. Atty. Duffy stated that there will be no more split drainage on Cook Road. Motion by A. Havican, seconded by T. Galvin to approve Finno Development, Inc. 23-lot subdivision located at 80 Cook Road. The Commission discussed the open space and the difference of deeding it to the Town of Prospect instead of the Prospect Land Trust. Chairman Hiscox is content with the fact that the town is accepting this open space land. D. Pomeroy stated he feels that the Commission has taken the developer over unnecessary hurdles and he is very unhappy with the Land Trusts’ decision in this matter. Chairman Hiscox asked the applicants if the underlying bedrock will allow wells to be developed with an adequate water supply. Atty. Duffy responded that a hydrology study submitted by their geologist confirms the underlying bedrock is suitable for well development. Unanimous.
Public Hearing:
7:30 p.m. Attorney Edward Fitzpatrick representing Dominick Mirabelle. Proposal to remove Section 4.12.3 of the Zoning Regulations that requires separating distances between restaurants that serve alcoholic beverages and other restaurants serving alcoholic beverages as well as churches, public schools, meeting places, playground or libraries. Chairman Hiscox read the “Notice of Public Hearings” as it appeared in the Republican American on August 25th & September 1st, 2006. Atty. Fitzpatrick representing the applicant with regards to the proposed modification of Section 4.12.3. This request is to eliminate the separating distances all together. This was entertained at the last application to modify this section. This current regulation change will impact the entire town. Atty. Fitzpatrick discussed the Plan of Conservation and Development which refers to clustering businesses to the corridors of Route 68 and 69. Chairman Hiscox asked for comments from the public: Tom Satkunas, 232 New Haven Road feels there should be some type of separating distances, not necessarily 1500 feet. Greg Ploski, 114 Clark Hill Rd. feels the town benefits from any form of new business. He feels that this particular application should go forth. Mark Guastaferri stated he is also in favor of this application. Hotchkiss Field is right in the middle of our business district and severely impacts business locations serving alcohol. He also mentioned Addonna’s Banquet Facility which is within 1500 feet of Hotchkiss Field and it has worked out well. Chairman Hiscox received a letter of correspondence dated August 25, 2006 from the Council of Government of the Central Naugatuck Valley discussing this application. It states that Prospect is one of two towns in the Central Naugatuck Valley Region that have minimum setback requirements for restaurants that serve alcohol. Chairman Hiscox also read a letter dated September 6, 2006 from South Central Regional Council of Governments stating that they will review this item at the next meeting on Sept. 14th, 2006. Motion by T. Galvin, seconded by J. Crumb to close the public hearing for a proposal submitted by Dominick Mirabelle to delete Section 4.12.3 of the Zoning Regulations that requires separating distances between restaurants that serve alcoholic beverages and other restaurants serving alcoholic beverages as well as churches, public schools, meeting places, playground or libraries. Unanimous. Motion by T. Galvin, seconded by D. Pomeroy to approve proposal submitted by Dominick Mirabelle to delete Section 4.12.3 of the Zoning Regulations that requires separating distances between restaurants that serve alcoholic beverages and other restaurants serving alcoholic beverages as well as churches, public schools, meeting places, playground or libraries. D. Pomeroy is conflicted with the potential to have a facility that serves alcohol near a school. Chairman Hiscox stated that the conflict that he has is that he doesn’t like changing regulations for a particular/single property. Chairman Hiscox’ conflict is changing this regulation for a single applicant which is essentially what this application is. This did not come to the Commission when the Plan was being written and the regulations were being changed. D. Pomeroy stated that he is an avid supporter of capitalism. A. Havican stated that the only reservation he would have is if there wasn’t a differentiation between bars and restaurants serving alcoholic beverages. Unanimous. Effective date October 1st, 2006.
Old Business Continued:
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 Commission will discuss this application at the next meeting.
Zoning Violations:
B. Donovan also mentioned trailer violations. Chairman Hiscox mentioned 59 Plank Road trailer issue. Also, there is a large white canvas hut on Summit Road.
New Business: none
Possible Executive Session:
Land Use Inspector’s Report: B. Donovan reported on the zoning violations listed above. Motion by D. Pomeroy, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: none
Adjournment:
Motion by D. Pomeroy, seconded by A. Havican to adjourn at 8:03 p.m. Unanimous.
Robert Hiscox
Robert Hiscox, Chairman