Planning & Zoning

Janaury 3, 2007

Board Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, Al Havican, and Tom Galvin (7:19 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 7:01 p.m. The meeting was taped.

J. Crumb was seated for T. Galvin

Approval of Minutes:
Motion by D. Pomeroy, seconded by A. Havican to approved the minutes of the December 13, 2007 meeting. Unanimous.

.Correspondence:
1.) Housatonic Valley Association – Guides to Protecting Water Quality
2.) Council of Governments Central Naugatuck Valley – Land Use Forum
3.) Letter from Mayor Chatfield Re: Budget

Motion by A. Havican, seconded by G. Graveline to accept correspondence. Unanimous.

Public Participation: none
Old Business: none

Land Use Inspectors Report/ Violations:
The ZBA currently has an application for a front line variance for a large proposed commercial building at 110 Waterbury Road, that is zoned Business District (Don Reilly). The existing detached storage building would be replaced. B. Donovan asked for the Commission’s interpretation of the regulations pertaining to size limitations on accessory buildings in a commercial or industrial zone. He referenced sentence in the regulations stating accessory uses and structures must meet requirements outlines in Article 5 (Accessory Uses in Residential Zones). Chairman Hiscox stated that the regulations are not intended to limit the size of buildings in an industrial or commercial zone relative to restrictions within a residential zone. He stated that it seems to him putting a larger building than what exists on a parcel in either a commercial or industrial zone is permitted as long as it meets all other zoning requirements, including the Table of Bulk Regulations. G. Graveline agreed. The Commission stated the regulations need to be revised if the wording is unclear.

Public Hearings:
Chairman Hiscox read the entire “Notice of Public Hearing” as it appeared in the Republican American on December 22 & 29, 2006.

7:10 p.m. Kenneth Fantano (Agent: Harry E. Cole & Sons) 2-lot re-subdivision for property located at 99 Salem Road. Willy Thiel from Harry E. Cole & Sons is the engineer for the applicant. The Commission received a letter from the property owner allowing Harry E. Cole to represent them. The Commission also received the proof of notification to the abutting property owners. Mr. Thiel stated that the property is currently owned by Cathy E. Fantano. The proposal is for one proposed single family house and one existing single family house. The new home will be served by private septic and well. Lot 5 is 1.14 acres and Lot 5A is 1.84 acres. The applicant did receive Chesprocott approval. B. Donovan mentioned the ZBA variance that was granted in 1990. Willy Thiel stated that the ZBA granted a 25 foot frontage variance. The purpose of the variance was in order to allow the owner of the parcel to re-subdivide the property creating a rear lot with a 24 foot fee simple access. G. Graveline asked about the terrain, sloping on the property and water runoff. Mr. Thiel stated that the property slopes from the rear to the front towards Salem Road. There are also slight slopes in the rear of the property.

T. Galvin arrived at 7:19 p.m. Consequently J. Crumb was unseated.

B. Donovan mentioned the assessor’s map he submitted to the Commission. He referred to page 18 specifically 8C in the Subdivision Regulations. The regulation in part stated that “Not more than 2 driveways shall be adjoining. Each driveway or pair of driveways shall be separated by 2 conforming lots.” The above application will create twin driveways. The Commission discussed the regulation. B. Donovan also referred to the definition of rear lots on page 5 of the subdivision regulations and asked the Commission whether or not they consider 97 Salem Road as a rear lot because it has less than the required street frontage. Chairman Hiscox stated under the current definitions 97 Salem Road might be classified as some type of rear lot, but given the fact that land was divided so long ago the Commission can not impose the new regulations with old lots. T. Galvin mentioned a similar past situation on the corner of Cook Road and Nancy Mae Avenue. B. Donovan mentioned that the subdivision map needs to show a minimum buildable area for the proposed new house. Motion by A. Havican, seconded by G. Graveline to close the public hearing for Kenneth Fantano (Agent: Harry E. Cole & Sons), 2-lot re-subdivision for property located at 99 Salem Road. Unanimous.

7:15 p.m. (7:32 p.m.) P&L Ventures LLC, 158A Waterbury Road - Zone Change application from Residential One Acre (R1A) to Business District (B). John Leach from P&L Ventures presented the application. Mr. Leach stated that there is a small parcel to the rear of 158 Waterbury Road that is zoned residential. It is a non-conforming residential lot with a garage on it. The applicant wants to use the existing garage on 158A as storage. They are looking to combine the 2 lots into one Commercial lot but their first step was to change the rear property to Business District (B). The Commission received proof of notification to the abutting property owners. Chairman Hiscox asked for comments from the public: Leslie Feero of 15 Greenwood Drive wanted to thank Mr. Leach for cleaning up the area. He lives very close to the small building and asked if the garage could be rented out for some kind of business if the zone is changed to commercial use. Chairman Hiscox stated that whatever type of business can go in a Business District zone can go on that property but would have to have site plan approval and go before the Commission in order to do so. Chairman Hiscox asked if the garage will meet the setback requirements for a commercial building next to a residential lot. Mr. Leach stated that the building is non-conforming and does not meet the setback requirements. The Commission discussed whether or not they are creating a non-conforming building. B. Donovan stated that there have been instances in the past where the Commission has changed a zone from residential to business and the buildings were non- conforming. The zone change does nothing to change the non-conforming nature of the building. Deborah Turner representing 10 Greenwood Drive and 14 Greenwood Drive expressed her concerns about a business going into the garage. She also stated that the light on the building is shining into the neighbors of the house at 10 Greenwood Drive. Mr. Leach stated that he will place a smaller light and try to address the issue the best he can. Mr. Leach also stated that trucks will be loading or delivering between the hours of 8 a.m. and 5 p.m. Ms. Turner also mentioned water runoff. Sandra Agic of 17 Greenwood Drive is in opposition to the zone change for the simple reason that while they are intending to use the building for storage no one knows what could happen in the future. Motion by A. Havican, seconded by G. Graveline to close the public hearing for P&L Ventures LLC, 158A Waterbury Road – Zone Change application from Residential One Acre (R1A) to Business District (B). Unanimous.

7:20 p.m. O&G (7:58 p.m.) O&G Industries – 147 Salem Road – Renewal of 2 Year Special Permit (continued from 12/13/06) Ken Feroni from O&G Industries submitted an updated notification log. He discussed the concerns regarding the cloud that forms after a production shot. Mr. Feroni read a letter regarding what is in the cloud and why there might be an odor. Mr. & Mrs. Strumpf are the closest neighbors to the O&G property. Mr. Feroni submitted and discussed a Table Comparison of Blasts Design and Complaints at 123 Salem Road. O&G offered some general guidelines to minimize noise and general disturbance to surrounding residential properties: limit the blast face to 50 feet, limit the drill size hole to 3.5 inch diameter, design one blast per delay-at least 8 millisecond delay from one blast to the next. Chairman Hiscox mentioned having a 1 year review but keep the 2 year renewal of the permit. Chairman Hiscox mentioned setting these guidelines and then having the Quarry Committee meet and discuss these guidelines and what their impact has been on the disturbance after 3-4 blasts. Mr. Feroni mentioned another issue and he reviewed with the Commission a topographic map of the property. Mr. Feroni also discussed the concussion wave that reflects off the back of the vertical faces. He stated that this will improve as time goes by because the vertical faces will move farther away from residential properties Mr. Feroni submitted Monitoring Weather Conditions for Quarry Production Blasts that could also be set as a guideline in the Special Permit. Mr. Feroni mentioned that O&G is in agreement that someone from the Town, such as the Fire Marshall, should be at the blasts. Mr. Feroni mentioned the Commission visiting a neighboring house when a blast is taking place. Mr. Feroni also mentioned the concerns regarding other noises from the quarry such as loading the trucks. O&G will look into loading the trucks from a different side of the pile to serve as a line of site buffer. Chairman Hiscox stated that the Commission continues to appreciate O&G’s willingness to respond in as positive of a manner as possible. They have been very open to work with the neighbors and the Town. The goal is for everyone to work together on this and minimize the disruption as best as possible. Chairman Hiscox mentioned referencing weather condition guidelines as part of the new Special Permit. The Commission would also like O&G to look into any other noise issue on the property to be mentioned in the Special Permit. D. Pomeroy stated that he agrees that the Fire Marshall should attend the blasts. B. Donovan asked what Mr. Faroni means by a cap. Mr. Feroni stated that a cap is an arbitrary threshold that doesn’t necessarily improve conditions. Chairman Hiscox asked for comments from the public: Martin Muzzy of 129 Salem Road asked if he can get a copy of the documents submitted tonight. He agrees that the Fire Marshall should monitor the blasts and appear at the committee meeting. Motion by G. Graveline, seconded by A. Havican to close the public hearing for O&G Industries/ Ken Feroni – 147 Salem Road – Renewal of 2 Year Special Permit. Unanimous.

New Business:

LTF Builders LLC, 25 lot subdivision at 157A Summit Road. Attorney Hess and Roland Desrosier were in attendance as well as Larry Farrell from LTF Builders. Mr. Desrosier stated that they are still before the Inland Wetlands Commission. Chairman Hiscox mentioned open space. The Commission is looking for interconnecting open space with the abutting Summit Heights subdivision. Chairman Hiscox mentioned the applicants discussing the open space property with the Land Trust (John Dyckman, Chairman). Roland Desrosier stated that there was a site walk with the IWC and two representatives from the Land Trust were in attendance. Chairman Hiscox discussed past experience with the Land Trust and Open Space. At the preliminary review of the LTF Subdivision a few months ago the Commission was in favor of the proposed open space. The Commission is trying to plan ahead. Motion by A. Havican, seconded by G. Graveline to accept the application submitted by LTF Builders LLC – 25 lot subdivision at 157A Summit Road and set the public hearing for January 17, 2007 at 7:10 p.m. Unanimous.

Zoning Violations/Land Use Inspector’s Report (continued)