February 7, 2007
Members Present: Robert Hiscox, Gil Graveline (7:04 p.m.), Don Pomeroy, Tom Galvin, and Al Delelle.
Alternates Present: Jack Crumb
Others 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 T. Galvin, seconded by D. Pomeroy to approve the minutes of the January 3, 2007 meeting as amended. Unanimous.
Correspondence:
1.) Connecticut Federation of Planning & Zoning Agencies – Annual Conference-March 22, 2007
2.) Letter from Doug Gokey Re: Concerns on Scott Road
3.) Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions-March 17, 2007
4.) Toll Brothers Re: Letter of Credit Request for the Town of Prospect
5.) Council of Governments Central Naugatuck Valley – Minutes for November 8, 2006
6.) Joseph Merritt & Company-Advertisement
7.) Referral from City of Waterbury Re: Moratoria on Special Permit site plan approval for multifamily residential developments.
8.) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter-Winter 2007
9.) Letter from B. Donovan sent to Quality Hardwood, 80-84 Scott Rd. regarding Special Permit
10.) Letter from Attorney Duffy-Re: Country Hill Estates, 80 Cook Road – Request to extend the time limit for recording the subdivision map an additional ninety (90) days.
Motion by T. Galvin, seconded by D. Pomeroy to grant a second 90 day extension on the time limit for recording the subdivision Mylar map for Country Hill Estates, 80 Cook Road. Unanimous.
Motion made by T. Galvin, seconded by J. Crumb to accept the correspondence. Unanimous.
Public Participation: none
Old Business:
O&G Industries/ Ken Feroni – 147 Salem Road – 2 Year Renewal of Special Permit
B. Donovan presented the Commission with the updated Resolution of Approval for O&G. B. Donovan mentioned several items that have
been added to the resolution. He asked the Commission to refer to the last page Item 20-Blast Design Guidelines which were added based on
concerns primarily from neighbors about possible ways to reduce the effects of blasting and the impact on neighboring properties. B. Donovan
stated that what has been added to the resolution is what was discussed during the public hearing and will improve the negative effects of the
blasting on the surrounding neighboring properties. J. Crumb asked what improvements are to be made to Spring Road. B. Donovan stated
that there aren’t any formal agreements made. The Commission encouraged O&G, LoRusso & Sons and the Town of Prospect to come to a
resolution and a plan for the improvement of Spring Road.
Motion by D. Pomeroy, seconded by T. Galvin to renew the Special Permit for O&G Industries/ Ken Feroni – 147 Salem Road with amendments to the Resolution of Approval. Unanimous.
New Business:
Mary-Lou Cappella, 60 Scott Road – Amendment to Regulations Article 3-Uses by District – Add Refuse Removal Service Under Industrial Zone. Chairman Hiscox requested that the applicant have some type of definition that they would be working with when defining Refuse Removal
Service. Chairman Hiscox wants the definition to be clarified so that the Commission can ensure there is no accumulation of refuse materials taking place on the property.
Motion by T. Galvin, seconded by G. Graveline to accept the application submitted by Mary-Lou Cappella, 60 Scott Road for an amendment to the regulations Article 3-Uses by District adding Refuse Removal Service as an allowed use under the Industrial Zone, and set the public hearing for February 21, 2007 at 7:10 p.m. Unanimous.
Public Hearings:
7:10 p.m. LTF Builders, LLC – 25 lot Subdivision at 157A Summit Road. Chairman Hiscox read “Notice of Public Hearing” as it appeared in the Republican American on January 19th & 26th and February 3rd, 2007. Chairman Hiscox read letter from Eugene McCarthy, Assistant Director of Public Works discussing drainage for the subdivision. Chairman Hiscox also mentioned letter from Volunteer Fire Department discussing their requests. Chairman Hiscox also read letter from Mayor Chatfield opposing this subdivision because of his concerns about insufficient water supply to the homes. Also included was an engineering review letter from Land Tech Consultants, engineers for the Town, dated February 5, 2007. Atty. Warren Hess representing the applicant wanted to make sure the Commission had the drainage calculations dated Dec. 7, 2006; the drainage analysis revised through Dec. 27, 2006; a Sequential Construction Plan dated Dec. 27, 2006. Atty. Hess also stated that the subdivision plans have been revised through February 7, 2007. Atty. Hess discussed the basic layout of the Woodmont Estates Subdivision. The property is 51.63 acres off of Summit Road and it adjoins the recently approved Summit Heights Subdivision and the Toll Brothers’ recently approved project. Woodmont Estates is a proposed 25 lot subdivision with a new road. The houses will be serviced by private wells and septic systems. The subdivision plans dated Dec. 27, 2006 have already been approved by the Inland Wetlands Commission. The plans being submitted tonight are addressing Land Techs’ review, comments from the Land Trust and Mayor Chatfield. Atty. Hess discussed the letter from Land Tech Consultants dated February 5, 2007. He mentioned #1 and 2 as wetlands issues. Atty. Hess also discussed Erosion & Sediment Control. The next issue that needs to be addressed is road design and whether or not Woodmont Estates and Summit Heights should connect. He would like to get input from the Commission regarding the connection between the two subdivisions. Atty. Hess and Roland Desrosier (engineer for the applicant) submitted a feasibility plan. Atty. Hess mentioned scheduling a site walk. Chairman Hiscox stated that the Commission feels that the subdivisions should be interconnected in order to make the road conducive to development and the Towns’ needs. G. Graveline asked about the terrain and where the road would connect. Atty. Hess stated that the plan the Commission is discussing tonight was devised because of comments received from Land Tech Consultants; they are just looking to see what their options are. In order to lessen the impact on wetlands there are three houses proposed to use one common driveway Lots 23, 24, & 25. Chairman Hiscox asked if they have 150 feet frontage on all three lots. Roland Desrosier stated that all three lots have at least the minimum 150 feet of frontage. Chairman Hiscox asked if what was approved by wetlands is different than what the applicant has submitted to the Planning & Zoning Commission. Chairman Hiscox asked if the Commission would prefer the longer road loop or the shorter loop. It was the consensus of the Commission that they would like to see the longer loop. Chairman Hiscox mentioned possibly drawing up plans of how the next two lots might lay out with road and open space, if the adjacent property owners are willing; this might offer future direction and help with the decision for this subdivision. Robert Capanna of 23 Luke Street mentioned that he doesn’t think that it is feasible to join the roads off the cul-de-sac. The larger loop may not work as far as wetlands and topography/ contours of the land. Attorney Hess further discussed the recommendations from Land Tech concerning site line. Roland Desrosier submitted a map showing the site line on Summit Road. 159 Summit Road will be graded and the driveway is going to come off of the new road, Mikayla Lane, which improves the site line an additional 70 feet. The Commission discussed the amount of houses permitted on a cul-de-sac. Atty. Hess further discussed Land Tech’s review and stated that all the remaining issues will be addressed on the revised plans that will be submitted at the next meeting. Roland Desrosier submitted to the Commission a plan that was addressing the Fire Marshals’ comments. He also submitted a plan reflecting changes to Lots 6 and 8. Roland discussed the requests from the Land Trust regarding open space. The Commission discussed eventually having the open space being continued through the Miller property and through the Walsh property heading towards the end of Peter Gilkey Road. T. Galvin asked how much open space is on this parcel. The site has a total of 51.63 acres and the applicant is proposing 9.96 to 10 acres of open space with 5.67 acres of dry land. Mr. Desrosier stated that the wetlands that are included in the proposed open space are walkable-not marsh. The road is approximately 3,000 feet. Roland discussed the Sequence of Construction plan. In response to Mayor Chatfield’s letter Attorney Hess submitted a hydrogeologic assessment report that concludes that wells drilled for the subdivision should yield an adequate water supply without any adverse effects on nearby residential wells. Chairman Hiscox asked for comments from the public: Dave Santopietro of 195 Summit Road mentioned interior lots that are land locked. The
Commission discussed accessing these lots. Barbara Clark asked about deed restrictions. Deborah Ridolfi of 24 Alison Court mentioned running a parallel road to Summit Road which has been discussed in the past by the Commission. Mrs. Ridolfi also asked whether or not there will be any water runoff onto neighboring properties. Mr. Desrosier stated that there is zero increase in water runoff. Deb Ridolfi also mentioned possibly setting aside one of the rear lots as additional open space. The Commission discussed long term planning with regards to other access ways onto Summit Road. Shawn Tentoni of 156 Summit Road stated that his driveway is directly across from this proposed subdivision. Mr. Tentoni discussed safety issues on the corner, speeding, traffic, etc. Chairman Hiscox mentioned the repair on Summit Road after the catch basins are installed on both sides of the road. Mr. Tentoni also asked where the road would be coming onto Summit Road and what would it be connecting to. Mr. Charland of 154 Summit Road discussed his concerns regarding drainage and traffic issues. Rich Pavlik of 163 Summit Road asked about the line of site and the grading. He asked why the applicant will be grading the property at 159 Summit Road but not 161 Summit Road. Roland Desrosier stated that there is 290 feet of site distance which does meet the site line regulation. Mr. Pavlik also asked about drainage. The public hearing was continued to February 21, 2007 at 7:20 p.m. The Commission scheduled a site walk for Saturday, February 10, 2007 at 1:00 p.m. and the Commission will meet at Wihbey Road.
New Business: (continued)
Christopher & Nefra Wihbey, 9 Old Schoolhouse Road – Amendment to Site Plan. The applicant was not in attendance. This application will be carried over to the next meeting.
Regulations review/ editing/ revisions- B. Donovan submitted proposed regulations changes. He also mentioned changing properties within the Public Water Supply Watershed to two acre Residential (R2A); this is less intensive zone. Chairman Hiscox suggested to the Commission to review and if there is anything they wanted to add to the hand-out they can and discuss it at the next meeting.
Land Use Inspector’s Report:
Zoning Violations-B. Donovan mentioned the letter to Quality Hardwood discussing some of the issues that were found on the property. Chairman Hiscox read the letter from Doug Gokey of 1 Timber Hill Lane addressing his concerns regarding properties/ businesses on Scott Road. The Commission did visit the site at Quality Hardwood and certain violations are on the property. B. Donovan discussed violations on the property at 80-84 Scott Road-Quality Hardwood. G. Graveline mentioned that these properties have always been zoned Industrial. B. Donovan is addressing the situation with Quality Hardwood.
G. Graveline mentioned the subdivision currently before the Commission. He asked if there is any way the Commission can get a copy of the assessors map for the abutting Cheshire properties. These properties are not land locked properties.
Motion by D. Pomeroy, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: none
Adjournment:
Motion by T. Galvin, seconded by G. Graveline to adjourn at 9:37 p.m. Unanimous.
Robert Hiscox
Chairman