March 7, 2007
Members Present: Robert Hiscox, Gil Graveline (7:02 p.m.), Al Havican, and Don Pomeroy.
Alternates Present: Jack Crumb and Al Delelle
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Tom Galvin
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
J. Crumb was seated for T. Galvin.
Approval of Minutes:
Motion by A. Havican, seconded by J. Crumb to approve the minutes as amended. D. Pomeroy abstained. Motion carried.
Correspondence:
1. Connecticut Federation of Planning & Zoning Agencies member ship dues request
2. Council of Governments Memo Re: GIS Training
3. Council of Governments Minutes for Tuesday, January 23, 2007
4. Chairman of Town Council letter Re: Open Space
5. CNVR Profile 2006
Motion by D. Pomeroy, seconded by A. Havican to pay the Connecticut Federation of Planning & Zoning Agencies membership dues for
the Planning & Zoning Commission in the amount of $90.00. Unanimous.
In response to the letter from Joseph Commendatore, Chairman of the Town Council, R. Hiscox mentioned open space land on the
Summit Heights Subdivision as well as the Woodmont Estates Subdivision which is currently before the Commission. J. Commendatore
stated that he feels the Town should have real interest in the open space properties that will be utilized for recreational use. R. Hiscox stated
that he feels the Commission should make an effort to notify the Town Council when applications come before the Commission. G. Graveline
asked what happens to the open space land that is deeded to the Prospect Land Trust if it is disbanded. J. Commendatore stated that the land
would go to the National Land Trust. R. Hiscox stated that the Commission has wanted to see more involvement from the Town. The
Commission will do whatever they can to keep the Town Council informed. Chairman Hiscox stated that there is open space land that being
discussed right now before the Commission that has not yet been decided upon.
Motion by A. Havican, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation: none
Old Business:
Mary-Lou Cappella, 60 Scott Road – Amendment to Regulations Article 3-Uses by District – Add Rubbish Removal Service under Industrial Zone. Chairman Hiscox recommended to the Commission to have B. Donovan draft a resolution with the appropriate language and add it to the Industrial One (Ind-1) Zone only. R. Hiscox stated that he feels that Industrial Two (Ind-2) is located in more of a residential area. He would also like to see a notation in the regulation requiring that the containers must be empty at all times. Chairman Hiscox also mentioned his concerns about multiple uses on properties on Scott Road. G. Graveline stated that he doesn’t feel that the definition needs to go into detail about what is in the containers etc.; this type of use would be approved by Special Permit only. The details would be part of the Special Permit.
Public Hearings:
7:10 p.m. Robert Berardi, 7 Meadow Lane – Home Occupation Special Permit for an office for a remodeling business. Chairman Hiscox read the “Notice of Public Hearing” that was published in the Republican American on February 23rd & March 2nd, 2007. The Commission received proof of notification to abutting property owners. Mr. Berardi stated that there will only one other employee besides himself. The only vehicle will be his personal pick up truck. There will be no storage of materials or chemicals on the property. There will also be no signage. Mr. Berardi will be using an office for his phone, fax, computer etc. There will also be no customers coming to the house. The hours of operation will be approximately 8:00 a.m. to 4:00 p.m. There were no comments from the public. Motion by D. Pomeroy, seconded by G. Graveline to close the public hearing for Robert Berardi, 7 Meadow Lane for a Home Occupation Special Permit for an office for a remodeling business. Unanimous. Motion by A.
Havican, seconded by D. Pomeroy to approve the application for Robert Berardi,, 7 Meadow Lane for a Home Occupation Special Permit for an office for a remodeling business. Chairman Hiscox stated In the Commission’s judgment, the application complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations. Unanimous.
7:15 p.m. LTF Builders, LLC – 25 lot Subdivision at 157A Summit Road. “Woodmont Estates” (continued from Feb. 7, 2007) Warren Hess is the attorney representing the applicant. Atty. Hess stated that at the last public hearing there was a lot of discussion on the road configuration. They discussed where the cul-de-sac will end and where the road will connect to the Summit Heights subdivision. The applicants have revised their plan to conform to the Commission’s requests. (revision date Feb. 23, 2007) Roland Desrosier, the engineer for the applicant, submitted an assessor’s map showing the proposed subdivision as well as the neighboring properties. He also submitted a new set of plans. On sheet 4 just past Lot 12 on the northerly side of Mikayla Lane, is a 50 foot strip for future road access with slope rights. Lot 15 is a legal rear lot right now. If the road goes through to the 50 foot strip Lot 15 would then become a front lot. Chairman Hiscox asked about Lot 10 and whether or not it is still a rear lot with the buildable area when you subtract the area for the driveway. Mr. Desrosier stated that he will look into it. Sheet 5 shows where Miller Road is connecting with the Summit Heights subdivision. The lot lines were revised and the lots were reconfigured. The grading plan is on Sheet 14. Mr. Desrosier stated that he shaded in the buildable areas at B. Donovan’s request. B. Donovan asked whether Lot 21 is considered a front lot. Mr. Desrosier also stated that the above 50 foot right of way if developed would have to receive a wetlands approval. This right of way abuts to the Santopietro property. Sheet 16 shows that the houses were moved so that the driveways do not exceed 500 feet and the minimum buildable areas were also adjusted. Chairman Hiscox asked about Lot 23 and where the open space comes through and if it’s feasible to pick up a little more dry land for open space. Sheet 19A shows the connecting road from Woodmont Estates subdivision to the Summit Heights subdivision. Mr. Desrosier stated that there will be blasting in front of Lots 14 & 16. Chairman Hiscox mentioned a parking area near the open space. Chairman Hiscox also mentioned Lot 1 and the location of the well and two abutting lots with approved septic systems. Mr. Desrosier referred to Sheet 7 where the plan has been revised where the radius does not interfere with the two mentioned abutting properties. Mr. Desrosier stated that he checked on Mr. Burger’s property and his septic was designed in 1978. Chesprocott stated that it was never built and his plan might have to be updated to the current standards. Chesprocott has no record on the Clark property. Mr. Desrosier also mentioned comments from Gene McCarthy’s letter dated Feb. 7, 2007. They have addressed all comments. They have also moved the catch basin in front of Mr. Tentoni’s property in order to help with his drainage problem. J. Crumb asked for clarification on the area for Lot 10. Mr. Desrosier stated he will review and make sure there is at least 60,000 square feet not including the access way. B. Donovan mentioned an engineering study that was performed on the site line by the town’s engineer. The study was done for a 31 mph average speed and it was determined that the applicant needs 295 site line distance facing Cheshire. Chairman Hiscox asked what determines the site line, the average speed or the posted speed limit. Chairman Hiscox stated that the Commission has to comply with State Statutes. Mr. Desrosier stated that with additional grading and some cleaning up of the shoulder, they can achieve the 295 feet of site distance. The applicant is willing to achieve the 295 site line. Mr. Desrosier mentioned the town placing signs on Summit Road, “caution” or “intersection ahead”. Atty. Hess presented the Commission with a small map showing the site line and a town right of way. Chairman Hiscox asked that in the conditions of approval the additional site line distance is noted. Chairman Hiscox asked for comments from the public: Mr. Tentoni, 156 Summit Road mentioned his traffic and speed concerns on Summit Road. Deborah Ridolfi, 24 Alison Court stated that she feels that a lot of the changes work out well. Mrs. Ridolfi stated that since the corner is so dangerous, for liability reasons the Commission should make sure the site line meets all state requirements. Chairman Hiscox mentioned the open space. If the Town of Prospect is interested in being a recipient of this land the Commission would like to receive a formal request from the Town Council or whomever the open space should be deeded to. B. Donovan stated that the applicant still needs Chesprocott approval and will also have Land Tech Consultants do a final review of the revised plans. The public hearing was continued to March 21, 2007 at 7:15 p.m.
New Business:
Robert Dorn, 18 Merriman Lane – Home Occupation Special Permit for a Lawn Maintenance business. Mr. Dorn stated that he has a 12’ x 16’ shed that he stores his lawn mowers in. He would like to open a small lawn mowing/ landscaping business. All the work would be done off site, there will be no chemicals stored on the property and this business would only be part time. Motion by A. Havican, seconded by G. Graveline to accept the application from Robert Dorn, 18 Merriman Lane – Home Occupation Special Permit for a Lawn Maintenance business and set the public hearing for March, 21, 2007 at 7:10 p.m. Unanimous.
Cheveaux a Salon – Special Permit for a Hair Salon located at 115 Waterbury Road. Steve Noreika, the applicant’s husband was in attendance. Motion by G. Graveline, seconded by A. Havican to accept the application from Cheveaux a Salon for a Special Permit for a Hair Salon located at 115 Waterbury Road and set the public hearing for March 21, 2007 at 7:12 p.m. Unanimous.
Old Business: (continued from page 1):
Christopher & Nefra Wihbey, 9 Old Schoolhouse Road-Amendment to Site Plan. Chris Wihbey from the Connecticut Dance Theatre and the Arts submitted a site plan showing the parking area, the building and the lighting. In the rear of the property
there is additional parking that will be paved in the spring. His lighting plan will not create light trespass. The number of parking spaces meets the regulations. They are required to have 22 parking spaces and they have 35 parking spaces. Motion by G. Graveline, seconded by A. Havican to approve the revised site plan submitted by Christopher and Nefra Wihbey, Connecticut Dance Theatre and the Arts, 9 Old Schoolhouse Road. Unanimous.
Regulations review/ editing/ revisions. Chairman Hiscox mentioned possibly changing the hours of operation for Earth Excavation zones.
Land Use Inspector’s Report:
Zoning Violations
Quality Hardwood, 80-84 Scott Road – Review of Special Permit. B. Donovan stated that a Cease & Desist order was issued on March 1, 2007 for violation of their Special Permit. Attorney Warren Hess represented Mr. Praskievicz & John Ciola, owners of Quality Hardwood. Atty. Hess stated that 5-6 junk vehicles have been removed and more are schedule to be removed almost immediately. The only vehicles that will be there are the ones that they are actually using to process the materials to run their business. The gravel driveway shown on the site plan is going to be constructed as soon as the weather breaks. Carmody & Torrance will be contacted to post the bond that was requested. They will also start the process to obtain the necessary DEP permits. The processing area is supposed to be in the rear of the property and the finished product is supposed to be in the front of the property as shown in their site plan. Since Mr. Praskievicz and Mr. Ciola acquired the property they began planting trees, screening the front of the property with a gate and painted and fixed up the building. The Cease & Desist is asking them to comply with their approved site plan. Mr. Praskievicz and Mr. Ciola will come to the next meeting to update the Commission on their progress.
Canvas Hut at 3 Nancy Mae Avenue-B. Donovan stated that the hut is still there and he will send out a second letter.
Chairman Hiscox mentioned an issue with a garbage truck on property at the beginning of Summit Road. There is also a stockade fence and he is wondering what is being stored behind it.
Chairman Hiscox also asked B. Donovan to follow up on the issue of the tree truck at 10 Juggernaut Rd.
B. Donovan mentioned a meeting that was held on March 6, 2007 to discuss the development of the land behind Senor Panchos which would involve extensive earth excavation. Motion by A. Havican, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.
Revisions/Regulation Review (continued)
The Commission discussed rear lots and the 500 foot maximum length of a driveway.
Public Participation: none
Under general discussion, the Commission discussed a waiver allowing Lot 10 to have slightly less than 60,000 square foot minimum due to the fact that the Commission is requiring the 50 foot right of way strip for future access to abutting properties.
Adjournment:
Motion by A. Havican, seconded by G. Graveline to adjourn the meeting at 9:20 p.m. Unanimous.
Robert Hiscox
Chairman