June 20, 2007
Chairman Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
J. Crumb was seated for G. Graveline.
Members Present:\ Robert Hiscox, Gil Graveline (7:09 p.m.), Don Pomeroy, Al Havican, and Tom Galvin Alternates Present: Al Delelle and Jack Crumb Others Present: Bill Donovan, Land Use Inspector Members Absent: none
Approval of Minutes Motion by J. Crumb, seconded by A. Havican to approve the June 6, 2006 minutes. Unanimous.
Correspondence: 1.)Tesco Rentals, LLC request for final bond release for Boulder Brook project. Motion by T. Galvin, seconded by A. Havican to release the Boulder Brook bond in the amount of $23,864,78. Unanimous. 2.)O&G Industries, Inc. request under Section 3.7.5.1 for written approval to not actively work in the permit area for the 2007 calendar year. Motion by D. Pomeroy, seconded by T. Galvin to approve O&G’s request under Section 3.7.5.1 of the regulations to not actively work in the permit area for the 2007 calendar year. Unanimous. 3.)Arthur Denze letter stating that all the materials related to his business have been moved from his property at 12 Southridge Road. He will also not utilize his home phone number for the business. Mr. Denze has also contact InfoUSA asking them to remove the advertisement for his business off their website. He attached a letter from them. 4.) Copy of letter from B. Donovan to Mr. Lombard, the owner of Prospect Storage, regarding concerns the neighbors brought up at the last meeting. 5.)Council of Governments Central Naugatuck Valley-Conference on Low Impact Development on Aug. 16, 2007 6.)Connecticut Water Company-Request for Reauthorization under the General Permit for Diversion of Water for Consumptive Use. 7.)LTF Builders request for a 90 day extension for the recording of the subdivision Mylar map for the approved Woodmont Estate Subdivision at 157A Summit Road.
Motion by A. Havican, seconded by D. Pomeroy to approve the request from LTF Builders for a 90 day extension for the recording of the subdivision Mylar map for the approved Woodmont Estate Subdivision at 157A Summit Road. Unanimous.
G. Graveline arrived at 7:09 p.m. consequently J. Crumb was removed from his seat.
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: none
Public Hearing: 7:10 p.m. Thomas Marino, 26 Hydelor Avenue – Proposed Zone Change from Residential One Acre (R1A) to Business District (B) (Continued from 6/6/07). Chairman Hiscox noted a petition with signatures and addresses of people who are opposed to this proposed zone change. The Chairman accepted this petition under Section 14.4 of the regulations for a protest requiring a two thirds vote of all members. Chairman Hiscox asked for comments from the public: Barbara Esposito, 53 Union City Road stated she is an adjacent property owner and she feels that her property value would decrease and she doesn’t want a parking lot next to her home. She also mentioned traffic concerns. Chairman Hiscox referred to a copy of the assessor’s map indicating the properties where the petitioners reside as well as the proposed property for a zone change. Mark Romanuk, 33 Hydelor Avenue discussed his concerns with safety issues, the site line on Route 68 and the width of Hydelor Avenue. He feels that it would better if this property were zoned commercial to access it off Route 68. Deborah Ridolfi, 24 Alison Court feels that this zone change is consistent with the Plan of Conservation and Development. There is 485 feet of frontage on Route 68; there is Industrial property across the street and a legal non-conforming business across the street as well. Although Hydelor Avenue is a smaller road it does handle large trucks from the legal non-conforming business. This is just a proposal for a zone change; she understands that the property owner would have to come before the Commission for site plan approval if a business were to go onto the property. She feels that exiting onto Route 68 would be the best idea but they would still need permission from the State. Chairman Hiscox agreed they would have to get a site plan approval; any business permitted in the business district could potentially go on this property if the zone change were approved. Mark Romanuk feels that more research should be done with the Town as far as getting approval from the State etc. Chairman Hiscox stated the issue with the site line is something this Commission can not take into account when determining a zone change. The Commission has to look at Article 14 with regards to the impact of the zone change and also look to the Plan and use it as a guide when making their decision. Safety would be a factor as far as the development of the property after the zone change. The Commission has to be careful of speculating; the property owner has certain rights and to vote on speculation is inappropriate. There are a number of steps that the applicant/property owner has to go through. Barbara Esposito stated she knows there are commercial properties on Union City Road, she still feels that this is in the middle of residential properties. D. Pomeroy referred to Map 20 (page 81) in the Plan and asked for clarification. B. Donovan asked what is available as far as public services. Mrs. Berberat stated that there is city water and gas available. Deborah Ridolfi stated that there were no thoughts to split this property. Mark Romanuk mentioned the potential for more than one business coming on the lot. He also submitted a map showing the properties of the people he went to see regarding the petition. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for a proposed zone change at 26 Hydelor Avenue from Residential (R1A) One Acre to Business District (B). Unanimous. Chairman Hiscox again advised the Commission to review Article 14 in the Zoning Regulations and the intent of development in the Plan regarding Commercial versus Residential use.
Old Business: Regulations Revisions – General Discussion Sullivan Brothers, 15 Peach Orchard Road – Modification to previous site plan approval (expansion of non-conforming use) John Sullivan from Sullivan Brothers Remodeling submitted a letter from Father Gatzak authorizing him to act on his behalf. The Commission recently approved a 2nd story addition at this property. Father Gatzak asked Mr. Sullivan if they can make the second story addition a little larger. Mr. Sullivan submitted a 3-D rendition of what they’re proposing and a floor plan. The proposed addition is 24’ x 40’. The original intent was to bring some of the offices upstairs. They want a much more professional look to the building’s exterior and interior. With this additional space the conference room can be brought upstairs consolidating a lot of the space. This addition would also help the roof line in regards to drainage and water runoff. B. Donovan asked if the added space is in any way going to create another new non-conforming business on this property. Mr. Sullivan stated no, essentially they will be bringing the conference room upstairs and turn the existing downstairs conference room into a larger tech. room. It is not changing the use and they aren’t expanding the non-conforming use. T. Galvin asked about parking. Mr. Sullivan stated they are not increasing staff but with the additional square footage they are required to have 28 parking spaces, they will have 36 parking spaces. After discussion, Chairman Hiscox stated It is the Commission’s consensus to approve this modification with the understanding that this is not an increase or expansion of the non-conformity.
New Business: Motion by A. Havican, seconded by G. Graveline to add to the agenda an application from Robert Morin, 101 Waterbury Road for a modification to the site plan adding a wood frame storage building. Unanimous.
Chairman Hiscox stated the appropriate fees have been paid. Motion by A. Havican, seconded by T. Galvin to accept the application. Unanimous. Rob Morin stated that he is proposing a storage building to clean up his property. The building will be 35’ x 60’. This will eliminate the need for the canvas huts/tarps and tents on the property. Mr. Morin received a variance so the setbacks are not an issue. Chairman Hiscox feels this would help eliminate potential runoff from the materials and equipment into the ground. The Commission also noted the existing propane tank that is not shown on the site plan. Mr. Morin stated this building will be completely enclosed. The height will be 28’ to the eave to allow a loft for storage above; the building will be made of wood with steel sheeting. D. Pomeroy stated that he is happy that this business is growing and succeeding and this is a step in the right direction. R. Hiscox agreed. B. Donovan mentioned that this may require a wetlands permit. The Commission also discussed the floor of the building; asphalt versus cement. The Commission feels that cement would be the better flooring. Motion by D. Pomeroy, seconded by A. Havican to approve the detached commercial storage building at 101 Waterbury Road with the understanding that the applicant may need a wetlands permit. Unanimous.
Land Use Inspector’s Report:<
Mike Patulak, 34 Highland Drive asked if B. Donovan contacted the Police Dept. yet concerning the ATV’s at Prospect Storage. B. Donovan stated that they have been called several times by neighbors and since the problem is on private property the police can’t address their concerns.
B. Donovan stated with regards to the regulation revisions he will submit a packet of information pulling together comments etc. to consider for amendments.
Motion by D. Pomeroy, seconded by T. Galvin to accept the Land Use Inspector’s Report. Unanimous.
Thomas Marino, 26 Hydelor Avenue – Proposed Zone Change from Residential One Acre (R1A) to Business District (B) (Continued from 6/6/07). T. Galvin referred to the Plan and that the business corridor really seems to be from Route 68 down Route 69 to the Waterbury line. The Plan focuses on the Route 69 corridor. G. Graveline mentioned the plan looking for transition places between zones. It is rare when an Industrial property abuts a residential property. Chairman Hiscox stated he is more concerned with location as far as safety. He referred to section 14.2.1. There was general discussion. G. Graveline noted that he feels that maybe Hydelor Avenue should possibly be made a cul de sac.
The Commission discussed Section 14.4 and the need for a two thirds vote on this application.
Motion by T. Galvin, seconded by A. Havican to approve the proposed zone change at 26 Hydelor Avenue from Residential One Acre (R1A) to Business District (B). G. Graveline in favor. T. Galvin, A. Havican, R. Hiscox, D. Pomeroy opposed. Motion denied.
p>T. Galvin stated he feels that this zone change was inconsistent with the Plan which refers to Route 69 as the primary business corridor. A. Havican agrees and he is also concerned about safety issues. R. Hiscox referred to Article 14.2.1 which he feels this zone change would not satisfy by not protecting the existing and future character of the neighborhood. D. Pomeroy referred to Section 14.2.2. He doesn’t believe the Commission can adequately protect the adjacent property owners. He also has concerns regarding the site line on Route 68.Public Participation: >Deb Ridolfi, 12 Alison Court asked if someone can re-apply for this same application and how long would they have to wait. Mrs. Ridolfi asked the Commissions what their intentions were for Route 68 and whether or not they are going to allow continued commercial expansion there or not. The Commission had general discussion.
Greg Ploski, Clark Hill Road stated he would like to see some consistency with zone changes.
Adjournment: Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 9:20 p.m. Unanimous.< /p>
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Robert Hiscox, Chairman