April 16, 2008
Chairman Hiscox called the meeting to order at 7: 01 p.m. The meeting was taped
Alternates Present: Jack Crumb Absent: G. Graveline (alt.), Ed Miller (alt.) Also Present: Bill Donovan, Land Use Inspector
Approval of Minutes: Motion by A. Havican seconded by A. Delelle to approve the April 2, 2008 minutes as presented. Unanimous.
Correspondence: 1.)Letter from Terri Erwin, PhD, Coordinator, Land Use Academy, University of Connecticut, College of Agriculture and Natural Resources re: training programs for Connecticut land use commissioners. 2.) The Connecticut Landscape Architect - Spring 2008 3.) Letter from Brian J. Reilly re: questions and concerns about 99 Union City Road
Motion by D. Pomeroy, seconded by G. Ploski to accept the correspondence. Unanimous.
Public Participation: Jay Calderaro, owner of 2 - 4 Summit Road (the old Merriman building) asked the Commission about mixed uses for commercial/residential property. Specifically, she is looking to convert a portion of her building that contains commercial tenants into residential apartments. The Commission stated that there is nothing in the Regulations that prohibits a mixed use on the property but that she would need to have approval from Chesprocott, the Fire Marshal, the Building Inspector and have adequate parking. Scott Meyers, Civil Engineer, Meyers Associates, P.C. appeared on behalf of Ms. Calderaro. Mr. Meyers asked the Commission if they would require a new A-2 to update the 1988 survey. The Commission stated that they would need a formal Change of Use application including an updated plan from Mr. Meyers of the proposed parking.
Public Hearings: - 7:10 p.m. i Regulation Revisions - General Discussion. The public hearing was continued from April 2, 2008. Commissioner Hiscox asked Bill Donovan, Land Use Inspector to begin the discussion briefly outlining his proposed revisions. Bill Donovan, in accordance to his “Proposed Zoning Amendments” which have been made available to both commissioners and the public, stated his proposed revisions on the following areas: Under Section 2.2 Definitions - Building Height; Section 3.1 Uses By District - Review permitted uses in IND-2 for traffi concerns on Scott Road and compatibility with adjacent residential properties. Clarify “Accessory Uses” consistency under Sections 3.4.11, 3.5.11, 3.6.11 with Article 5 “ Accessory Uses in Residential Zones”. Section 3.7 (EE) District and Section 4.11 Earth Excavation, Deposition and Regrading Activities. Confirm when a change of zone to (EE) is required. Section 4.1 Elderly Housing - Section 4.1.8.6 Definition of Facilities; Deletion of Sections 4.1.8.21 - Requirement of smoke and fire alarms to be connected to Office of Development and 4.1.8.23 - Remove requirement for “Call for Aid” emergency response; Section 4.8.1.3 - Review requirement for 1,500 foot separation distance from gasoline, diesel filling stations, dealerships; Section 4.9 Swimming Pools - increase the distance to 20 ft. from any sideline; Handicap Access Ramps - permit within yard set back area; Windmills/Wood Burning Stoves; Mulch, wood-chips, other organic waste products; Intersection Definitions; Signage; WPCA - notification, coordination and approval prior to P & Z approval. Commission had general questions for Bill Donovan and held general discussions on these proposed zoning amendments. Chairman Hiscox asked the public for any comments. David Wartko, 14 Brighton Road, Member of WPCA explained to the Commission the need for the WPCA to complete their updated Plan expeditiously in order to apply for funding from the State of CT. The WPCA must have P & Z approval changing the P & Z Regulations that requires WPCA to have notification, coordination and approval of new sanitary sewer service connections prior to P & Z approval of applications. The Chairman agreed our WPCA needs to be directly involved in reviewing any application involving a sanitary sewer connection or installation. Motion by G. Ploski, seconded by A. Havican to hold a separate Public Hearing for proposed WPCA amendments to the Zoning Regulations on Wednesday, May 7, 2008 at 7:10 p.m. Unanimous. M. Guastaferri, Melissa Lane expressed concern about loosening the rules on signage and the cost to the Town to chase down signage violators. Attorney Patrick Zailckas, 51 Holmes Ave., Waterbury suggested that the Commission may want to speak with James Sequin in Waterbury as to Building Height issue as Waterbury recently dealt with the same issue. Attorney Zailckas also had concerns regarding the 1,500 ft. separation requirement for gas stations and auto dealerships as it relates to “free market”. He also sees signage being a safety hazard, and suggested the possibility of having a signage “hearing officer” as Westport does to save the Town both time and money. Ron Turmel, 19 Robindale Drive stated concern over the Building Height definition as well as control for illegal signs. There were no further comments from the public or the Commission. The Public Hearing was continued to May 7, 2008 at 7:15 p.m.
New Business: a. Andy Adames, Senor Panchos, 280 Cheshire Road - Modify Site Plan to Expand Customer Area to Grassed Area. Andy Adames presented the commission with a Site Plan Application which would allow Senor Panchos to hold functions on the grassed area on the right side of the property. Mr. Adames presented the Commission with a Site Plan, a sketch and 9 photographs of the proposed area where the functions would be held if allowed. The Commissioners held discussion on whether or not this would be labeled Banquet Facility and require a Special Permit. Mr. Adames stated that he would need to obtain approval from the State of CT, Liquor Control Department and if Liquor Control required a 6 ft. “corral type” fence around the grassed area he will not go ahead with the plan. Mr. Adames stated that in order for him to proceed any further and investigate what Liquor Control would require of him and then determine if he would go ahead with the project, he would need approval from the P & Z Commission. Chairman Hiscox stated that although they would not be able to give the Applicant approval at this time, in order for the Applicant to investigate further with Liquor Control, the Commission would give a letter to the Applicant stating that such a use would be acceptable to the Commission but conditions may be implemented in the future.
Old Business:
a. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road - Amendments to Special Permit for an Auto and Truck Sales Area & Store including Repairs (Public Hearing closed on 4/2/08). The Commissioners reviewed the Draft Amended Special Permit Resolution of Approval. Discussion was held by the Commissioners who then asked Bill Donovan, Land Use Inspector to make revisions to the Resolution of Approval as discussed and provide a new draft resolution at the next meeting.
b. Domenic & Franca DiLoreto, 20 Union City Road - Amendments to Site Plan. Commissioners and Land Use Inspector Bill Donovan reviewed and compared the old and new site plans for the property. Commissioner Hiscox requested clarifications regarding the size of the planters & location of parking spaces in the back of the property. Attorney Patrick Zailckas and Scott Meyers, Civil Engineer, Meyers Associates, P.C. appearing on behalf of the Applicants said they would provide that information at the next meeting.
Land Use Inspector’s Report: Bill Donovan reported that a cease & desist order was sent to 56 Williams Drive on April 11, 2008. The property owners have until April 30, 2008 to comply. Bill also stated he would be following up with an enforcement letter to the neighboring property on Williams Drive as well. D. Pomeroy asked Bill Donovan about the status of 59 Plank Rd. Bill stated that he had gone out to the property and spoke with the property owner Steven McClean and will go back to the property to follow up. Bill further stated that second notices went out to the owners of the canvas/plastic storage huts on Straitsville Rd. and Coachlight Circle as well as letters to the owners of the Sunoco at 68 Waterbury Road and Prospect Auto Repair (Juliani) at 69 Waterbury Road for sign violations. Chairman Hiscox asked that letters go out to Dunkin Donuts and the Tanning Salon for “flapping signs” G. Ploski asked Mr. Donovan if he had sent a letter regarding the site plan to Juliani, 69 Waterbury Road and Bill indicated that he had sent out a detailed letter. Motion by A. Delelle, seconded by A. Havican to accept Bill’s report. Unanimous
Public Participation: None
Adjournment: Motion by A. Delelle, seconded by A. Havican to adjourn at 10:05 p.m. Unanimous
Robert Hiscox
Robert Hiscox, Chairman