April 4, 2007
Chairman Robert Hiscox called the meeting to order at 7:01 p.m. The meeting was taped.
A. Delelle was seated for T. Galvin. J. Crumb was seated for G. Graveline.
Approval of Minutes:
Motion by D. Pomeroy, seconded by A. Havican to approve the minutes of the March 21, 2007 meeting. Unanimous.
Correspondence:
1.) Letter from WPCA Chairman Re: Boulder Brook Sewer Agreement
Chairman Hiscox asked if we are going to have a conflict with not only this sewer but with Toll Brothers also. B. Donovan stated that there are very strong agreements between the Town of Prospect and the City of Waterbury regarding the Toll Brothers sewer agreement and there shouldn’t be an issue. B. Donovan mentioned the recommendations that the Commission received from the WPCA for additions to the Zoning Regulations.
G. Graveline arrived at 7:04 p.m. consequently J. Crumb was removed from his seat.
T. Galvin arrived at 7:05 p.m. consequently A. Delelle was removed from his seat.
Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation:
Chris Moffo, Director of Park and Recreation and Glen Decarlos from Prospect Girls Softball. Mr. Moffo discussed extending onto the building at Canfield Park for storage. The extension is going towards the school and will be block walls. The intention is to make the building look exactly like the current structure. There will be no sponsor signs or donation signs. B. Donovan asked if there will be any added lighting. Mr. Moffo stated that the only additional lighting will be inside the building.
Bob Kiernan, 82 Boulder Brook Court, asked what their next step should be regarding the letter from the WPCA that was discussed earlier. Chairman Hiscox stated that they should contact Carla Perugini-Erickson the Chairman of the WPCA.
Public Hearings:
7:10 p.m. Barbara Vaccarelli, 36 Salem Road – Home Occupation Special Permit for a Studio for Costume Designing. She asked that we postpone the hearing until the next meeting. The Commission will officially open the public hearing at the next meeting.
Old Business:
Mary-Lou Cappella, 60 Scott Road – Amendment to Regulations Article 3- Uses by District – Add Rubbish Removal Service under Industrial One Zone only. The Commission needs to establish an effective date for the amendment approved at the last meeting. Motion by D. Pomeroy, seconded by G. Graveline to establish an effective date of April 23, 2007 for the amendment proposed by Mary-Lou Cappella, 60 Scott Road adding Rubbish Removal Service under Article 3- Uses by District under the Industrial One (Ind-1) Zone only which was approved at the March 21, 2007 meeting.
New Business:
Keith Mallinson, 246 New Haven Road- Application for Truck Rental Service/ Site Plan review.
Atty. Richard Bruno represented Keith Mallinson, the applicant. The application is to add a UHAUL rental business to their site plan at this location. This application has nothing to do with any previous application for this property; the site plan submitted is for this application to show parking etc. Chairman Hiscox asked what the maximum numbers of trucks are allowed on site. Atty. Bruno stated that there is no maximum. Chairman Hiscox stated that if it will affect parking they would have to set a limit. The Commission mentioned signage. B. Donovan stated that they are allowed one detached sign not exceeding 24 square feet. B. Donovan mentioned that the Commission may want to look into where the UHAULS are being stored on the property. R. Hiscox stated that he would prefer they weren’t right up front on the road. Atty. Bruno mentioned placing them 25 feet from the road to the left of the entrance way. He stated that this wouldn’t affect the site line when someone is pulling out of the property. J. Crumb mentioned seeing for sale signs on cars and trucks etc. even after the Commission denied the previous application for used car sales and repair at this property. Atty. Bruno stated that this will end. Motion by T. Galvin, seconded by G. Graveline to approve the addition of a truck rental service proposed by Keith Mallinson to the site plan at 246 New Haven Road. Unanimous. Chairman
Hiscox asked that we don’t end up with a lot of UHAUL vehicles directly up front. The Commission doesn’t want to see banners and signs etc. on the property.
American General Investors, 21 Grammar Avenue- Application for 4,500 sq. ft. building addition. The applicant asked that this be re-scheduled to the next meeting.
Public Hearings:
7:15 p.m. LTF Builders, LLC – 25 lot Subdivision at 157A Summit Road (continued from 2-7-07)
Chairman Hiscox read 2 letters of correspondence: Letter from the B. Donovan dated March 26, 2007 stating that they approved the regulated activities for the connecting road from Summit Heights and a letter from Attorney Pilicy dated April 4, 2007, regarding Joan Pavlik’s five acre parcel that they believe may be in part on the Woodmont Estates property. The applicant has agreed to meet with Mrs. Pavlik and her surveyor in the near future. Atty. Warren Hess, representing LTF Builders stated that they have resolved all issues with Chesprocott, Land Tech Consultants and Gene McCarthy. The plans are revised to March 28, 2007. Attorney Hess stated that he would like to go through the plans and show the Commission how they have complied with all outstanding issues. Sergio from Desrosier Associates and Larry Farrell from LTF Builders were in attendance. Atty. Hess stated that Sheet 1A is the boundary survey. They are convinced that their survey is correct. It is consistent with Toll Brothers survey and another survey of record. Atty. Hess further discussed in detail final revisions made on the various individual sheets of the subdivision plan. Chairman Hiscox asked about the connection to Summit Heights and the parking that was requested for open space. Chairman Hiscox also asked about the retaining wall that’s being constructed with the road extension to Summit Heights. Sergio from Desrosier Associates stated that a barrier fence shown on the plans is only during construction so no one crosses into the wetlands and it will remain in place until the property is stabilized. Chairman Hiscox mentioned his concern with the wall possibly being in the way of the open space trail. Sergio stated that it will not block the open space and there will be plenty of room. Atty. Hess referred to the Draft Resolution of Approval on Item #2 saying the amount of designated open space is 9.76 acres not 9.83 acres. Atty. Hess also mentioned item #4 regarding the granite curbing. He stated that Mikayla Lane is a temporary cul-de-sac in their view and it is the applicant’s opinion that granite curbing is not necessary. Atty. Hess stated that in their view they have made a great effort not only to satisfy the Subdivision Regulations but to take in the Commission’s comments, the consultant’s comments, Chesprocott, Inland Wetlands Commission and Gene McCarthy, Asst. Director of Public Works. The applicant respectfully requested that the Commission grant this application. R. Hiscox asked if the granite curbing is required in the regulations and if so does the Commission have the ability to wave this requirement. B. Donovan stated that they are required on permanent cul-de-sacs only; Gene McCarthy asked that the granite curbing be installed. Atty. Hess stated that he does believe that the cul-de-sac will cut through to the Miller property in the not so distant future. Atty. Hess feels that to put in granite curbing now would be unnecessary and a waste of money. R. Hiscox stated that he doesn’t think there’s any problem with not putting the granite curbing in until the last minute when the road is complete; if the Commission requests the applicant to do so. Atty. Hess mentioned determining the need for the granite curbing at the final bond release time. R. Hiscox feels that Atty. Hess’s request is a fair request and should be put into the final resolution if approved. Chairman Hiscox asked for comments from the public: George Pavlik, Summit Road expressed his concerns regarding the possibility of a piece of his property being in this subdivision. R. Hiscox stated that this would be an issue between the property owners. The Commission has to act on the application and maps submitted to the Commission; they can not continue to postpone on unsubstantiated proof. R. Hiscox stated that he feels that the Commission should continue to take action on this application at this meeting. Atty. Hess stated that if anything did come about they would work with the Pavlik’s to develop their land. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for LTF Builders, LLC for a 25 lot subdivision “Woodmont Estates” located at 157A Summit Road. Unanimous.
7:30 p.m. Proposed amendment to the Planning & Zoning fee schedule that would require engineering and other outside consultant costs for applications be paid in full by the applicant. (8:22 p.m.) Chairman Hiscox read the Notice of Public Hearing as it appeared in the Republican American on March 23rd and 30th 2007. Chairman Hiscox read a letter from Mayor Chatfield in support of this proposed amendment because it will cause a significant reduction in expenses to the Town. B. Donovan, Land Use Inspector for the Town of Prospect mentioned a State Statute that gives the Commission the right to establish a fee schedule that allows the Town to recoup the costs that the Town incurs for outside consultant services. Currently the applicants are charged basic fees but the consultant fees do add up because the Town of Prospect does not have a Town Engineer. B. Donovan stated that he feels the quality of the work we get justifies the continued use of the outside consultant. B. Donovan stated that between January and December 2006 Land Tech Consultants total year charges incurred by the Town was $15,457.00. These charges include Prospect Estates Subdivision, Prospect Commons (Toll Brothers-paid for all their fees), Country Hills Estates, Summit Heights, Woodmont Estates and 17 Salem Road. These fees were for Planning & Zoning and Inland Wetlands. These costs exceeded both Commissions’ budgets by $8,000.00. B. Donovan stated that when someone pays fees for an application currently, the monies go into the general fund. He believes that the engineering fees should be paid in full by the applicant. Other towns that also use this type of fee schedule including: Middlebury, Wilton, Killingly, Thomaston, Enfield, Woodbury, New Milford, Farmington, Torrington, Old Saybrook, Ridgefield, Goshen and
Litchfield. B. Donovan read 2 proposals into the record. #1 dated Feb. 21 2007 and #2 dated April 4, 2007. B. Donovan stated that he prefers proposal #2. T. Galvin asked when there is a shortage of money where is it transferred from. B. Donovan stated it comes from the General Fund. T. Galvin asked what happens if an application is likely to be denied; how likely is it that the applicant is going to pay the fees we request. B. Donovan stated that we encourage preliminary reviews and if there was an issue he would hope
it wouldn’t take until the very last review. B. Donovan stated that these fees would have a separate account instead of moneys going into the general fund. We would pay our own consultant expenses out of our own account paid for by the applicants. J. Crumb doesn’t want the Commission or Town to be asking for frivolous expenses by the applicant. B. Donovan stated that perhaps by having this fee in place the applicants may chose to have their plans done correctly the first time around. D. Pomeroy stated that the burden falls on the Commission as well; for example Finno Development-Country Hills Estates Subdivision, the Commission drove these extensive consultant reviews. G. Graveline asked who would be putting together the estimates. B. Donovan stated that the town consultant would review the plans and estimate a cost of review. Chairman Hiscox asked for comments from the public: Jeff Slapikas, 51 Royal Crest Drive asked where the open end is. If a subdivision is appealed its open ended for the developer to have to pick up the legal fees. Mr. Slapikas stated that he agrees with the Town covering the costs they incur but there should be a cap, it shouldn’t be left open ended. Bob Capanna, 23 Luke Street stated that he doesn’t feel the Town should pay for the developer reviews; he also feels that there should be a cap. Possibly the Town can get two quotes from two different consultants. There was general discussion. Chairman Hiscox stated that there has to be a safeguard for the applicant as well. The public hearing was continued to April 18th, 2007 at 7:15 p.m.
7:15 p.m. LTF Builders, LLC – 25 lot Subdivision at 157A Summit Road (continued from 2-7-07). A. Havican asked how they factor in the legal dispute regarding the Pavlik property. Chairman Hiscox stated that the Commission has to act on the current maps and plans that are in front of them. T. Galvin agrees. The Commissioners reviewed the “Draft Resolution of Approval” as presented by B. Donovan. Motion by T. Galvin, seconded by G. Graveline to approve the Woodmont Estates, 25 lot subdivision submitted by LTF Builders LLC, located at 157A Summit Road . Unanimous.
LAND USE INSPECTOR’S REPORT:
Zoning Violations
Quality Hardwood, 80-84 Scott Road – Review of Special Permit. The Commission will discuss this at the next meeting.
Canvas Hut at 3 Nancy Mae Avenue-B. Donovan stated that the hut has been removed.
Tree Truck at 10 Juggernaut Road- B. Donovan stated that this has also been removed from the property.
Commercial Vehicles on Summit Road- B. Donovan stated that Don Paradis, the property owner is in the process of moving his vehicles to the Industrial Park, Jim DeCosta’s fork lift business.
1 Old Schoolhouse Road-Site Plan. R. Hiscox stated that his understanding that specifically on the site plan there was to be no storage of materials behind the building and on the side of the building. The land behind the building is now a gravel parking lot and there are at least 12 vehicles stored back there and also on both sides of the building and in front of the building. If this is the case they are in violation of their site plan. B. Donovan stated that the site plan shows no storage in the back of the building. R. Hiscox stated that the owners of this property continue to take advantage of the Commission. The fence wasn’t what the Commission proposed but after it was installed that Commission accepted it. Chairman Hiscox stated that the Commission should be requesting an immediate Cease & Desist on that property. The storage of these vehicles was never on the site plan was clearly discussed. D. Pomeroy stated that the Commission has been dealing with this issue for 5-6 years and exactly what the Commission was concerned would happen, has happened. R. Hiscox stated that he still receives concerns that Mr. Diloreto drives his commercial vehicle home and parks it on Cook Road. B. Donovan stated that he will check with the Fire Marshal on whether or not there is a safety issues with the storage of the vehicles on Old Schoolhouse Road with no drip pans.
Motion by T. Galvin, seconded by D. Pomeroy to accept the Land Use Inspector’s report. Unanimous.
Public Participation: none
Adjournment:
Motion by A. Havican, seconded by G. Graveline to adjourn the meeting at 9:17 p.m.
Unanimous.
Robert Hiscox, Chairman