May 16, 2007
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: Robert Hiscox, Gil Graveline, 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 T. Galvin, seconded by G. Graveline to approve the minutes of the April 18th meeting and the May 3rd Special Meeting.
A. Havican abstained. Motion carried.
Correspondence:
1.) Annual Report 2005-2006 Council of Governments of the Central Naugatuck Valley
2.) Council of Governments of the Central Naugatuck Valley- Minutes March 6, 2007
3.) Sixth Annual CERC SiteFinder Showcase May 23, 2007
4.) Connecticut Federation of Planning & Zoning Agencies Quarterly Newsletter-Spring 2007
Motion made by D. Pomeroy, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: nonez
Old Business: none
New Business:
Thomas Marino, 26 Hydelor Avenue – Proposed Zone Change from Residential One Acre (R1A) to Business District (B).
Tammy Berberat submitted consent of owner form from Thomas Marino authorizing her to represent him for this application. Motion
made by T. Galvin, seconded by G. Graveline to accept the application from Thomas Marino for a proposed Zone Change at 26 Hydelor
Avenue from Residential One Acre (R1A) to Business District (B) and set the public hearing for June 6, 2007 at 7:10 p.m. Unanimous.
Woodmont Estate Bond- 157A Summit Road. Motion made by T. Galvin, seconded by G. Graveline to approve the recommended
bond for the Woodmont Estates Subdivision, 157A Summit Road in the amount of $681,000.00. Robert Hiscox asked if the new storm
drain on the other side of Summit Road is included in this bond. B. Donovan stated that is a separate bond which is required by ordinance.
Unanimous.
Public Hearings:
7:10 p.m. Barbara Vaccarelli, 36 Salem Road – Home Occupation Special Permit for a Studio for Costume Designing. The
applicant submitted the proof of notification to the abutting property owners. She stated that she draws costumes and makes prototypes in
her basement and then sells the design to companies. There will be no commercial vehicles, no other employees; no customers will be coming
to her home, no signage and no storage outside on the property. There were no comments from the public. Motion by D. Pomeroy, seconded
by A. Havican to close the public hearing for the Home Occupation Special Permit submitted by Barbara Vaccarelli for a Studio for Costume
Designing. Unanimous. Motion by G. Graveline, seconded by T. Galvin to approve the Home Occupation Special Permit submitted by
Barbara Vaccarelli for a Studio for Costume Designing. Unanimous. Chairman Hiscox stated that “In the Commission’s judgment, the
application complies with criteria set forth under section 12.10 –Special Findings of the Prospect Zoning Regulations.
Zoning Violations:
Quality Hardwood, 80-84 Scott Road – Review of Special Permit. Chairman Hiscox mentioned that the owners were at the last
meeting and they can be taken off the agenda on future meetings. He’s seen improvement in the site. J. Crumb stated that he stopped by the
property and he feels they are doing well. Chairman Hiscox stated that they are being very responsive and unless there is another concern
they can be removed from the Zoning Violations section of the agenda.
Art Denze, 12 Southridge Road – Home Occupation violation (denied 10-19-05) Chairman Hiscox stated that the inflatables can be
used for his own personal use. Mr. Denze has gone beyond this. There have been complaints from neighbors. The business is advertised all
over the internet with his address on Southridge Road. Mr. Denze is also paying property taxes on this business. Chairman Hiscox stated that
he feels an enforcement action should begin tonight. He feels that an immediate Cease & Desist should be issued and a fine citation given the
fact Mr. Denze came before the Commission and gave them his word that he wasn’t running a business from his home. Chairman Hiscox
feels that this is a clear, blatant violation of the regulations. The Commission’s consensus is to direct B. Donovan to issue a Cease & Desist
and an immediate fine. B. Donovan stated that he would like to run this by the town attorney to make sure by ordinance he can issue an
immediate fine.
Public Hearings: (continued)
7:15 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. (Continued from 4/4/07) B. Donovan submitted a memo dated May 16, 2007
that shows an increase in certain subdivision fees to cover costs of outside consultant reviews and additional Town costs on subdivision
applications. B. Donovan discussed previous proposals that were presented to the Commission. He also mentioned some builders and
developers in Town had expressed their concerns regarding the previous proposals. B. Donovan discussed an example showing the most
recent subdivision approved “Woodmont Estate Subdivision” and the costs to the Town. B. Donovan also discussed comparative fee
schedules in the area; Prospect is the lowest of the surrounding Towns. The proposed increase in fees is not going above and beyond
reasonable charges. B. Donovan stated that he is taking actual costs and trying to fit them into a fee schedule that will cover all these costs.
T. Galvin wants it to make clear they are getting charged on how many lots are proposed and not how many are approved. The Planning &
Zoning Commission does have the right to waive or reduce fees. D. Pomeroy stated that the Commission should take the burden off the tax
payer; here is an opportunity to lower the costs of government. D. Pomeroy stated that he supports B. Donovan’s proposal. The Commission
discussed even increasing B. Donovan’s proposal. The Commission discussed reviewing the fee schedule on a yearly basis. Motion made by
A. Havican, seconded by D. Pomeroy to close the public hearing for proposed amendments to the Planning & Zoning fee schedule presented
by B. Donovan. Unanimous. Motion by T. Galvin, seconded by D. Pomeroy to approve amendments increasing certain subdivision fees to the
Zoning and Subdivision Fee Schedule; with annual reviews in January. Unanimous. Motion by A. Havican, seconded by G. Graveline to set
an effective date for the amendments to the fee schedule for June 15, 2007. Unanimous.
New Business: (continued)
>li>Don Reilly, 110 Waterbury Road. New Commercial building. Don Reilly stated that the current building is old and the roof is
leaking. He is re-building a garage in the same location a little larger than the existing garage. He received a 20 foot variance from the
Zoning Board of Appeals in order for him to place the building 30 feet off of Oak Lane. The property is zoned business and the house is
remaining on the property. The current garage will be knocked down and some parking will be moved. Motion by A. Havican, seconded
by T. Galvin to accept and approve the site plan amendment submitted by Don Reilly, 110 Waterbury Road for a new commercial building.
Unanimous.
Robert & Mark Capanna, 100 Scott Road – Industrial Addition/ Amendment to Site Plan. Bob Capanna stated that the approved
building has not yet been built. They were approved for a 50’ x 80’ industrial building and they would now like to build a 60’ x 80’ building.
There are still the same setbacks with the same use. B. Donovan asked about Chesprocott approval. Bob Capanna stated there is no need
for Chesprocott approval because it is the same use and the same if not less employees than was approved. Motion by G. Graveline, seconded
by A. Havican to accept and approve the site plan amendment submitted by Robert and Mark Capanna for an Industrial Addition at 100
Scott Road. Unanimous.
Sullivan Brothers Remodeling – Counterpoint Communications – 2nd Story Commercial Addition at property located at 15 Peach
Orchard Road. John Sullivan submitted a letter of authorization from the owner of the property to allow Sullivan Brothers to represent
them for this application. Mr. Sullivan stated that they would like to build a second floor over the original office space. He submitted a floor
plan of the original building and the addition. B. Donovan stated that this is a legal non-conforming commercial use in a residential zone. B.
Donovan stated that the space itself is increasing but the use is not changing. Mr. Sullivan stated that there is no increase in staff. The
square footage of the first floor is 9,000 square feet. The reason they need this additional space even though they aren’t increasing staff is
because the offices are too cramped. They want a more professional look. Also, the building looks very commercial so they are looking to
install vinyl siding for a more presentable facility, so there will be some cosmetic changes. Upstairs will be a conference room and four
offices. The property consists of 12.3 acres. There is adequate parking and on site septic. The applicant did come before the Zoning Board
of Appeals previously to install a separate storage building/ garage. Motion by G. Graveline, seconded by T. Galvin to accept and approve
the site plan amendment submitted by Sullivan Brothers Remodeling for a second story addition to a commercial building located at 15
Peach Orchard Road. Unanimous.
Land Use Inspector's Report:
Zoning Violations
1 Old Schoolhouse Road (Cease & Desist)
Scott Poryanda, the engineer representing the applicant, submitted a revised site plan and discussed the original site plan. They are
proposing 14 spaces closest to Old Schoolhouse Road with additional parking in the back for long term. They are also proposing to extend
the fence in the rear of the property and remove the existing slats and replace with larger slats to screen the vehicles. R. Hiscox stated the
fence that is installed does not go in a straight line as shown in the revised site plan. R. Hiscox stated that this particular site was moved to
1 Old Schoolhouse Road for the purpose of parking tow trucks. Originally, there was to be a fence with no access between the two lots, now
there is a fence not in a straight line with gates. The Commission did approve the fence with a gate after it was already installed. There is
supposed to be no traffic between the two lots. R. Hiscox stated that part of the overall plan was to clean up the corner and move the vehicles
onto 1 Old Schoolhouse Road; then excessive material started appearing that was not on the original site plan. The owner of the property did
not come to the Commission and went about doing exactly what the Commission did not want the applicant to do. The Commission was
concerned that this property would grow into a “junk yard”. The Commission was assured by Mr. Diloreto that the business would be
cleaned up. The proposed plan is not showing the existing fence the way it is on the property. The Commission was concerned about the
location of this business and the expansion of all kinds of vehicles being stored on the property. The property is being misrepresented on the
new proposed site plan. Chairman Hiscox stated that he wants all the minutes to be pulled associated with this property. The Commission is
extremely frustrated with what is occurring on this property. They do not want a vehicle storage area on this lot. There is a history of
misrepresentation that has gone on this lot for an extended period of time. The owner is in violation of his site plan. The goal is to have a
clean business site run on the property. R. Hiscox asked if Mr. Diloreto is still driving his commercial vehicle home to his residential property
on Cook Road. Mr. Diloreto stated that he drives a small commercial vehicle. Chairman Hiscox asked that Mr. Diloreto certify to B. Donovan
what vehicles he is driving home and the gross weight of that vehicle. A vehicle over 11,000 lbs. can not be on a residential property. The
Commission wants a plan that does not show any inter-connectiveness between the two properties. The two businesses should not have any
connection whatsoever. The parking and storage should be well screened and should be limited to the lot size. Any vehicles in a wreck should have appropriate drip pans. The Commission
had general discussion. The applicant is in violation of the site plan. B. Donovan mentioned buried gallies in front of the lot that was
taking runoff from the roofs. They were removed to allow future location for septic for the convenience store. The revised plan should show
the drainage for the lot and the roof runoff.
B. Donovan mentioned a man installing a gazebo to accommodate a six year old handicap girl on the property who needs to get outside
with her electric wheel chair. They are proposing to install it in the front yard and also build a front porch with a ramp leading to it. The issue
is it is in front of the house. B. Donovan stated that he suggested putting the gazebo on the porch. B. Donovan referred to the regulations,
accessory uses on residential properties and asked if the Commission feels that the gazebo going in front of the house violated the intent of
the regulations. T. Galvin stated that the gazebo could possibly be an extension of the porch. The gazebo should not be used for storage. The
Commission should define gazebo in the regulations. The Commission’s consensus was that if the gazebo can be part of the porch is in front
of the house, as long as it meets the setbacks, it would be acceptable.
J. Crumb mentioned two in-ground pools in College Farms with no fences around them. R. Hiscox asked B. Donovan to make sure the
Building Inspector is made aware of this.
Chairman Hiscox mentioned canvas huts on a property behind Community School and on Plank Road.
Chairman Hiscox mentioned POD on Matthew Street
Chairman Hiscox also mentioned the camper on the corner of Matthew Street and Route 68 which has been re-located. He would like
B. Donovan to find out if it is legally parked.
J. Crumb mentioned the seminar about Planning & Zoning that he attended. They mentioned site line. J. Crumb asked if it is measured
by the speed of the cars or the posted speed limit. The speaker at the seminar stated that you can conduct an actual speed study to determine
the line of site requirement. There was general discussion.
Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector’s report. Unanimous.
Public Participation: none
Adjournment
Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 8:42 p.m. Unanimous.
______________________
Robert Hiscox, Chairman