Planning & Zoning

April 2, 2008

Chairman Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.

Members Present: Robert Hiscox, Greg Ploski , Don Pomeroy, Al Havican and Al Delelle
Alternates Present: Jack Crumb, and Gil Graveline
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Ed Miller (alt,)

Chairman Hiscox recognized and congratulated Don Pomeroy for having received a Length of Service Award from the Connecticut Federation of Planning & Zoning Agencies. The award was presented to Don at the Federation’s Annual Conference on March 27, 2008 for having served twelve (12) years or more as a member of the Planning and Zoning Commission.

Approval of Minutes:

Motion by A. Delelle, seconded by A. Havican to approve the minutes, as amended, of the March 19, 2008 meeting. D. Pomeroy abstained.
Motion carried

Motion by A. Havican, seconded by D. Pomeroy to accept the correspondence. Unanimous.

Public Participation: None

New Business

Old Business:
a. Domenic & Franca DiLoreto, 20 Union City Road – Amendments to Site Plan. No action taken.

Public Hearings:

a. 7:05 p.m. American General Investors, LLC , 50 Melissa Lane – Proposed 2 lot re-subdivision. Chairman Hiscox read into the record the “Notice of Public Hearing” for this application as it appeared in the Republican American on March 21st and 28th, 2008. Chairman Hiscox acknowledged a letter by Josephine M. Guastaferri the property owner which indicates that her son, Mark Guastaferri and engineer, Dave Carson of OCC Design are her agents in this matter. Chairman Hiscox noted correspondence from the Inland Wetlands Commission indicating that approval was granted for inland wetlands regulated activities associated with this 2-lot re-subdivision. Chairman Hiscox also noted a letter of approval from the Chesprocott Health District which indicated that the proposed plan meets all the requirements of the Public Health Code and both lots can support septic systems for 4 bedroom houses. David Carson of O.C.C. Design Consortium represented the applicant. Mr. Carson described this 2-acre parcel as Lot 85 of the earlier “Matthew Hills South” subdivision. The lot was previously shown as 2 lots with Lot 84 on the left and Lot 85 on the right but later combined due to lack of adequate septic locations and had remained undeveloped for several years. Mr. Carson stated that his firm had been retained approximately a year ago to investigate and find locations for 2 suitable septic systems. Mr. Carson has since performed extensive soils investigations and has located 2 sites suitable for septic systems. A March 18, 2008 letter from Chesprocott Health District placed into the record confirms Mr. Carson’s statements. David Carson stated that the applicant has obtained engineered plans for two individual systems and these supplemental plans have been submitted as part of the application submission which show the individual lots and houses. David Carson further stated that after the original submission of the plan for re-subdivision he became aware of some deed restrictions of the original “Matthew Hills South” subdivision which called for houses to have 4 bedrooms and at least 2,800 sq. ft. David Carson stated that the applicant, who lives directly across the street from these proposed lots, will retain final review and development of both lots in accordance with the original deed restrictions. David Carson reiterated what the Chairman stated earlier in which the applicant did receive Inland Wetland approval. David Carson stated that the houses that are drawn on the plan were “schematic” to show the ability to put in a reasonably sized 4 bedroom house in compliance with the regulations. Chairman Hiscox questioned if the septic system was set back far enough away from the roadway and not in the town right of way. David Carson assured the Chairman the closest point is 10 feet from the street line, 20 feet from the roadway and 25 feet from the storm drain and meets all Health Code requirements. Chairman Hiscox asked for comments from the public: R. Dapkins, 52 Melissa Lane expressed concern that he purchased his property for the privacy it provided. Mr. Dopkins was concerned about the amount of trees that would have to be taken down between his property and the proposed driveway. Mr. Dapkins also stated that he believed that the proposed driveway is too close to his property and does not comply with zoning regulations and asked the Commission to take that into consideration. Chairman Hiscox stated that the driveway is in compliance with the zoning regulations. Mr. Dapkins further stated that taking down the trees between the properties would be a violation of the deed restrictions. Chairman Hiscox advised Mr. Dapkins that the P&Z Commission does not enforce deed restrictions and that that issue would have to be addressed by the homeowners themselves. M. Dapkins, 52 Melissa Lane expressed concerns about the aesthetics of the tree lined property and asked if the P & Z Commission would come out and walk the property before making their decision. Chairman Hiscox stated that he frequently walks by the property and in fact had been by it twice in the past few weeks and does not think a site walk is necessary. John Dikeman, President of the Prospect Land Trust stated that the Land Trust is the largest land owner in the area owning more than 30 acres. He asked whether or not the backlines of the property had been surveyed and properly pinned so the abutting Land Trust property can be preserved in the future. He asked that the Land Trust be able to meet with the new property owners so that they could explain to the new owners the benefits of open space. David Carson stated that part of the agreement with Inland Wetlands was that the scattered boulders on the property would be pushed to the wetlands boundary creating a stonewall barrier across the rear of the property that is wetlands. Chairman Hiscox asked for additional comments from the public or Commissioners regarding this application. G. Graveline asked if there were any large cuts or fills on the property that will require large amounts of fill being brought in or out of the property. David Carson responded by stating that the entire side of the road where the houses are to be set is downgrade on the road. Each house will be set directly in line with the houses on either side of them. The front will be filled over the top of the septic system with the systems being pumped from the houses. Chairman Hiscox asked for any further comments or questions. Chairman Hiscox read into record a letter by David Carson concerning his opinion wherein he states that the lot in question is an approved building lot in an approved subdivision and not raw land. He believes the applicant should not be required to pay a fee to the Town in lieu of providing open space. Chairman Hiscox stated that the Commission would deliberate on this matter further. David Carson stated that he was able to locate the original “Matthew Hills South” subdivision map which indicated that the property in the rear of the property was in fact deeded to the Land Trust in that earlier subdivision plan. Motion by A. Havican, second by A. Delelle to close the public hearing. Unanimous.

b. 7:10 p.m. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road - Amendments to Special Permit for an Auto and Truck Area & Store including Repairs (continued from 3/5/08). Attorney Patrick Zailckas representing the Applicant and Scott Meyers, Civil Engineer, Meyers Associates, P.C., 60 Linden Street, Waterbury, CT appeared on behalf of the applicants. Scott Meyers presented into the record his report dated March 27, 2008, 15 corresponding photographs and a Drainage Area/Contour Plan of 1 Old School House Road and 20 Union City Road dated March 20, 2008. Scott Meyers’ plan showed that the surface water runoff from the southerly two thirds of the subject site travels first in a southeasterly direction towards 20 Union City Road, and then hits the berm then flows in a southwesterly direction along the westerly border of that property toward CT Route 68, where it enters into the existing storm drainage system. Surface runoff from the northerly one-third of the subject site, and from the roofs of the two buildings, continues to travel in a southwesterly direction, as it always has. Mr. Meyers stated his professional opinion is that the runoff from the subject site does not increase or adversely affect any of the down gradient properties. Chairman Hiscox questioned Mr. Meyers that the bottom line is that there is no increase in drainage as a result of the activity now on the property? Scott Meyers confirmed and stated that as a result of approximately 3.0’ of fill placed between the westerly side of the warehouse building and the southerly property line to the rear of #22 Union City Road, surface water runoff is now directed away from the easterly boundary of 26 Union City Road and away from the rear of the 22 Union City Road property. Mr. Meyers stated that the existing conditions do not warrant the design or construction of any further structures for site drainage on the subject property. Chairman Hiscox also stated for the record that the Commission did not direct the applicant to hire a civil engineer and that the Commission would not be receiving a bill. Chairman Hiscox asked that the abutting property owners be given a copy of the Mr. Meyers report dated March 27, 2008 and Drainage Area/Contour Plan of 1 Old School House Road and 20 Union City Road dated March 20, 2008. Extra copies were on hand and given to the abutting property owners George Pavlik, 26 Union City Road and Jim Kollicinaku, 22 Union City Road. Attorney Patrick Zailckas referenced the Mallinson case as brought up by Attorney Franklin Pilicy in a meeting prior. Attorney Zailckas states that this current matter is easily distinguishable from the Mallinson decision in that the gas station business was established decades ago. Attorney Zailckas stated that if Mallinson applied per Attorney Pilicy’s interpretation then no existing establishment could ever change i.e. to downsize or let anyone who has an unsafe condition improve their property. Chairman Hiscox read into the record the legal opinion letter dated March 27, 2008 from Attorney Jennifer Sills Yoxall of Carmody & Torrance, LLP, Town Attorneys, which comes to the same conclusion as Attorney Zailckas. Attorney Zailckas stated that with regard to the wall issue, Engineer, Scott Meyers measured the wall and it appears that the fill area of the wall is all less than 4ft. high, some areas have stones on top but if taken off the wall it would only be 4ft. high and therefore does not need to be engineered. Attorney Zailackas stated that the applicants would place drip pans under any vehicle that were leaking oil, gasoline, etc. but if a vehicle had a broken door no drip pan would be placed even though considered a damaged vehicle but not a risk of leak. Attorney Zailckas stated that with regard to the backing into the property issue he entered a letter into the record from TFC Nelson Abarzua, Resident State Trooper’s Office dated April 1, 2008 which indicates that there is no statute prohibiting backing into a driveway with any type of vehicle. Attorney Zailckas entered two signed green cards for required certified mail sent to adjacent CL&P and SNET properties. Attorney Zailckas presented into record a list of Conditions For Entry Backing Of Vehicles his clients have offered to adhere to in order to be able to cross that portion of 20 Union City Road to back vehicles that can’t otherwise enter the property. Attorney Zailckas further stated that he is not aware of any other restrictions anywhere else in the Town. Chairman Hiscox stated for the record that on July 17th it will be the 6-year anniversary that no backing was allowed on the property and therefore doesn’t see any compelling reason to change that. Chairman Hiscox asked for any questions or comments from the other attorney. Chairman Hiscox referred to the site plan and questioned would there ever be two large trucks parked side by side as it would obscure the emergency access going around the warehouse. The site plan does not allow for double parking vehicles - the site plan allows for parking in front of the building for visitors and/or employees spaces. Chairman Hiscox asked the applicant how may employees worked at the establishment. Mr. DiLoreto stated that there were 5 employees. Chairman Hiscox stated that there would then be 5 vehicles or so parked in front and there should be no vehicle stored there long term and that all drop off vehicles would be taken into the back. Chairman Hiscox asked for questions or comments. J. Crumb asked the applicant if we went to the property right now would we be able to get around the building. The applicant responded yes. J. Crumb stated that he goes by the property often and sees a tow truck out front and asked the applicant if he can stop the next time he sees it there and show it to the applicant. The applicant stated yes. D. Pomeroy asked the applicant to estimate how many times per week and/or month do they back up a truck onto the property. The applicant estimated maybe twice a week, sometimes none at all for months - the Winter months are busier than the Summer. D. Pomeroy asked if Old School House Road ever became a two way street and vehicles traveling in a westerly direction on Rt. 68 wishing to turn left onto Old School House Road - would it back up traffic on Rt. 68 that wanted to take a left onto Old School House Road? Applicant stated it would be a lot easier for him as he would be able to pull into the property rather than back in. Chairman Hiscox asked for any other comments or questions. Attorney Franklin Pilicy representing Jim Kollcinaku stated he reviewed Attorney Yoxall’s legal opinion and believes it was too narrowly drafted. Atty. Pilicy cited two additional legal opinions, his and that of a Waterbury Superior Court Judge, and stated when read together Sections 4.8.1.3 and 2.1 by their express provisions apply to a change or alteration of an existing facility the same as it would apply to the establishment of a new facility. Attorney Pilicy then read Section 4.8.1.3 into the record and stated he agreed with the Superior Court that you cannot issue a permit to do anything in the nature of expanding a non-conforming use. Attorney Pilicy further stated that under non-confirming use regulations and statutory provisions you can always make the use more conforming and address safety issues and building code issues - you can continue what you have but what you cannot do is expand it or get a new permit for non-conforming use. Attorney Pilicy stated that the prior application for site plans called for infiltrators to deal with the drainage and that the applicant never did this - the applicant was never excused from this condition but just never installed them. Attorney Pilicy stated that a structural wall was to be built in accordance with the original permit. Chairman Hiscox stated that there was never any mention of construction of a wall in the original permit. He further stated that the Commission recognizes numerous violations in the past and is under the opinion that we are not changing the non-conformity use but rather the new permit is simply the combination of the two permits and clarification of what was already approved, placing additional conditions and making the site safer. Jim Kollcinaku, 22 Union City Road, the down gradiant property owner raised concern on several issues regarding drainage, septic, parking and the disparity of the waiver of septic permit violations between himself and the abutting property owners of 1 Old School House Road. George Pavlik, 26 Union City Road discussed various offsite drainage issues with regard to his abutting property. Chairman Hiscox stated that there is now an engineer’s report on record indicating that the water coming off the property at 1 Old School House Road is not increasing the flow onto the abutting properties. Attorney Zailckas on behalf of the applicant will not agree to any further extension on the public hearing. Chairman Hiscox explained to the public that due to statutory guidelines we have reached the maximum amount of time allowed and unless the applicant agrees to an extension, the hearing must be closed and then the commission has 65 days to render it’s decision based on information presented to date. Attorney Zailckas stated that natural growth of an existing business is not prohibited by law and there is no expert testimony on the record that counters the applicant’s drainage expert. Mr. Meyers stated that per the regulations a minimum of 16 parking spaces is required, they show 28 spaces on their site plan. Discussion followed as to whether there should be a median number of parking spaces that would be somewhere between the 16 required and the 28 spaces shown on the site plan. Motion by D. Pomeroy, seconded by A. Havican to close the public hearing for Domemic & Franca DiLoreto, 1 Old School House Road for Amendments to Special Permit for an Auto and Truck Sales Area & Store including Repairs with the understanding that the commission now has 65 days to rendered a decision on the site plan and possible modifications to be made on the site plan. Unanimous.

c. 7:30 p.m. (started at 9:45 p.m.) Regulation Revisions - General Discussion - Chairman Hiscox stated that we have received acknowledgement receipts from all abutting Municipalities and Regional Planning Agencies regarding the proposed Regulation Revisions. M. Kluge, 15 Kluge Road submitted 4 pages of signatures for record in support of having the commission consider eliminating the 1500 ft. separation language for automobile repair and service businesses in Industrial 1 district or in the alternative consider reducing it down to 1,000 ft. or 500 ft in the limited business district. D. Brown, 141 Plank Road is a member of the WPCA who on 11/28/06 sent the Commission a letter requesting that the WPCA be added to the Zoning Regulation Checklist to monitor future sanitary sewer connections. Chairman Hiscox continued this public hearing to April 16, 2008 at 7:10 p.m.

Land Use Inspector’s Report: Bill Donovan reported that the canvas huts were still up on Straitsville Road and Coachlight Circle and he is going to follow up with a Cease & Desist order. He also stated that the appeal time on the Cease & Desist order on the illegal “Bobcat Towing” presence on Blue Trail Drive runs out on 4/7/08. He asked that should one of the Commission members go by the property and confirm there are violations, that will be sufficient for him to proceed with any fines that may follow. The Chairman mentioned the two homes on Williams Drive that continue to be unsightly and possibly worse and asked if Cease & Desist orders have been issued and asked Bill Donovan to go out and issue a ticket. Bill Donovan and Commission discussed 59 Plank Road and possibly getting a Blight Ordinance into effect. J. Crumb mentioned that he had read a story about illegal and unsightly signs being taken down in Naugatuck by the Zoning Enforcement Officer and asked Bill Donovan if he could do that. Bill Donovan stated that he had no authority to take down signs on State property. He would have to get a letter of authority from the State to do so and he would work on getting that letter. Bill Donovan also presented a letter from Reginald Finno requesting a bond reduction at his “Country Hills Estates” subdivision, Cook Road. Bill also submitted a letter from he and Gene McCarthy recommending a $255,000.00 bond reduction from the current bond amount of $555,000.00 leaving a remaining balance of $300,000.00. Motion by D. Pomeroy, seconded by A. Havican to reduce the current bond figure of $555,000.00 for the Country Hill Estates subdivision, Cook Road by $255,000.00 leaving a remaining balance of $300,000.00. Motion by D. Pomeroy, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.

Under discussion the Commissioners discussed taking a motion to approve the American General Investors, LLC application (see above Public Hearings (a) American General Investors, LLC 2 lot re-subdivision at 50 Melissa Lane). Motion made by A. Havican, seconded by A. Delelle to approve the application to approve the 2 lot re-subdivision located at 50 Melissa Lane as submitted by American General Investors, LLC. Commissioners noted that there would be no open space fee or bond amount required with this re-subdivision.

Public Participation: Marsha Beltrami, mother lives at 16 Blue Trail Drive, stated concerns regarding the tow truck located at 15 Blue Trail Drive. She asked if the tow truck owner put in a request to keep tow trucks on the property or run a business and at what times during the day and night can they enter and exit the property. Land Use Inspector Bill Donovan stated that one truck is allowed as long as it is 11,000 lbs. or less. Chairman Hiscox stated that if the property owner files an application for a home occupation her mother would receive a certified letter as notification of the application. Ms. Beltrami asked about the Cease & Desist letter that went out and Land Use Inspector Bill Donovan told her that they have until April 7, 2008 to comply.

Adjournment:
Motion by A. Havican, seconded by D. Pomeroy to adjourn the meeting at 10:10 p.m. Unanimous.

Robert Hiscox, Chairman