August 6, 2008
Chairman Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: Robert Hiscox, Donald Pomeroy, Al Delelle, Greg Ploski, Al Havican Alternates Present: Jack Crumb, G. Graveline (Alt.) Absent: Ed Miller (Alt.) Also Present: Bill Donovan, Land Use Inspector
Approval of Minutes: Motion by D. Pomeroy seconded by A. Havican to approve the July 16, 2008 minutes. Unanimous
Correspondence: 1) Carol & Russell Lawrence & Family, 9 Barry Lane - letter dated August 6, 2008 requesting that the Planning & Zoning Commission review the Special Permit standards for Residential Home Occupations.
Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
Public Hearings: None. Chairman Hiscox stated for the record that at the last Planning & Zoning Commission meeting on July 16, 2008, a home occupation application from Honaawar Cacciatore was added to the meeting agenda immediately prior to the start of the meeting. The Chairman further explained that the application was accepted at said meeting and a public hearing was set for the next scheduled Planning & Zoning Commission meeting on August 6, 2008 at 7:10 p.m. Chairman Hiscox then stated that upon further review of the application it clearly did not meet the criteria for a home occupation permit as per Section 5.4 of the Prospect Zoning Regulations and therefore, it could not be approved by the commission. The public hearing was subsequently removed from tonight’s agenda and application fees were refunded to Mrs. Cacciatore.
Old Business:
a. Toll Brothers-Regency at Prospect, 120 Scott Road - Exhibit G - Public Offering Statement Regency at Prospect - Affordability Plan and Application. Matt Gilchrist, Assistant Project Manager for Regency at Prospect attended the meeting on behalf of Toll Brothers. The commissioners reviewed the final revisions of the Affordability Plan and Application submitted by Town Attorney Jennifer Yoxall in response to the commissioners’ concerns which arose at the last meeting. After commission discussion, Motion by A. Havican, seconded by D. Pomeroy to approve Exhibit G - Public Offering Statement - Regency at Prospect - Affordability Plan and Application, as amended. Unanimous.
b. Curtiss Landscaping, 36 Union City Road - Updated Site Plan. Mark Guastaferri and Alicia Strileckis presented the commission with an updated site plan prepared by Dave Carson of OCC Group, Inc. on properties located at 34 - 40 Union City Road. Mr. Guastaferri stated that the plan showed four pieces of property including the Curtiss Landscaping property located at 36 Union City Road. Mr. Guastaferri stated that the Curtiss property is marked on the plan showing the existing conditions including stockpiles and truck parking which were not on the original site plan. Chairman Hiscox asked if there are any issues with the wetlands and Mr. Guastaferri stated there is not. Chairman Hiscox asked the commissioners for comments. G. Graveline asked if there were any pins or markers at the back of the property. After commission discussion, Motion by A. Havican, seconded by G. Ploski to accept the updated site plan, amended as discussed, from Curtiss Landscaping, 36 Union City Road. Unanimous.
. Regulation Revisions - Commission to set an effective date for Regulation Revisions to Section 4.8.1.3 adopted at the 7/16/08 meeting. Land Use Inspector Bill Donovan reiterated for the commissioners the regulation revisions to Section 4.8.1.3 which were adopted at the 7/16/08 meeting. D. Pomeroy asked Bill Donovan if the 1,500 feet was from store front to store front or property line and Bill Donovan replied that it is from the property line. After commission discussion, Motion by D. Pomeroy, seconded by A. Havican to set an effective date of September 1, 2008 for the Regulation Revisions to Section 4.8.1.3 adopted at the July 16, 2008 meeting. Unanimous
New Business:
a. Prospect Parks and Recreation Department - Site Plan Application for a proposed dog park at McGrath Park. Christopher Moffo, Director of Parks and Recreation presented the commission with a site plan application and a detailed site plan showing the location of the dog park within McGrath Park which includes grass and wooded areas. Mr. Moffo stated that the dog park would be fully enclosed with a 4 foot high chain link fence and would have sectioned off areas for small and large dogs. Mr. Moffo stated that there would be a “rules and regulations” sign posted on the fence and that the fence would also have emergency access gates. G. Ploski asked what the total square footage would be and Mr. Moffo replied that it would be approximately 1-acre. B. Hiscox asked if they would be leaving the trees to which Mr. Moffo stated that they would be leaving the trees but they would clear out the saplings and brush. Mr. Moffo stated that there would be an access way down from the back of the parking lot of the Long River Middle School. B. Hiscox asked if the dogs will be leashed until the time that they enter into the dog park area and Mr. Moffo stated the dogs will need to be leashed until they are inside the dog park. G. Ploski asked what hours the park will be open and Mr. Moffo stated that it has not yet been decided - but possibly 10:00 a.m. to dusk. Mr. Moffo stated that disposable mitts and trash receptacles would be supplied so the owners can clean up their own dog(s) waste. D. Pomeroy asked what the distance was from the proposed dog park to Trotter’s Way and Bill Donovan stated that it was almost 300 feet to the closest house on Trotter’s Way. Mr. Moffo stated that the Parks and Recreation Department is going to notify Region 16 and the residents of Trotter’s Way. After commission discussion, Motion by G. Ploski, seconded by D. Pomeroy to accept the Site Plan Application for the Prospect Parks and Recreation Department for a proposed dog park at McGrath Park. Unanimous. Bill Donovan stated that he contacted the Council of Governments and was given a list of towns with similar dog parks including South Windsor, Southbury and Southington and when he spoke to representatives in the these towns, each town raved about the success of the parks. Bill further stated that he asked the town representatives, looking back, if they would have done anything different in their process and they all said they would at least have had one public information meeting. After commission discussion, Chris Moffo stated that the Parks and Recreation Department will give notice of and hold an informational meeting for the public to address any questions.
G. Ploski excused himself from the Board. Chairman Hiscox seated G. Graveline in his place.
a. Industrial Storage, LLC, 99 Union City Road - John Gallagher, owner of Industrial Storage, LLC presented the commission with a Site Plan and a Special Permit application allowing him to temporarily park 17 outdoor modular storage units on 99 Union City Road in anticipation of the proposed industrial subdivision of the property. Mr. Gallagher stated that he is paying to store these containers elsewhere and would like to store them on this lot which he is a part owner. Chairman Hiscox asked Bill Donovan if there was a conflict of the subdivision regulations with accepting this application as there already has been a formal application filed for the industrial subdivision of the property. D. Pomeroy asked how the land is currently zoned and if the applicant would be entitled under the present zoning to store the units there now. B. Hiscox stated that the property is in the Industrial Zone and if it were a single lot the applicant would have the right to file the site plan for outdoor storage in the industrial zone. A. Havican asked the applicant what he meant by “temporarily”. After commission discussion, Chairman Hiscox explained to the applicant that if his current application is approved and then subsequently the industrial subdivision which the lot is located in is approved, the applicant would then need to come back before Planning & Zoning to file for a site plan for the new lot within the industrial subdivision. G. Graveline asked the applicant how he planned to enter the lot - through a driveway or will he be coming through the back of the existing commercial lot? The applicant stated he would eventually have a driveway when the subdivision goes in but until then he would be going into the entrance from 103 Union City Road near the existing building on that lot and then through to the rear of the lot. Chairman Hiscox asked the applicant to bring a revised property site plan to the public hearing which will show 99 Union City Road as a single lot, the access way and where the trailers will be placed. Motion by A. Havican, seconded by D. Pomeroy to accept the application from Industrial Storage, LLC, 99 Union City Road for a Special Permit allowing him to temporarily park 17 outdoor modular storage units on 99 Union City Road and set a public hearing on the application for September 3, 2008 at 7:20 p.m. Unanimous.
Crosspointe Exotics, LLC, 50 Waterbury Road - Special Permit Application for used car dealership. Mark Guastaferri presented the commission with a Special Permit application and site plan for a used car dealership in the rear of the Crosspointe North Business Center located at 50 Waterbury Road. Mr. Guastaferri stated the he currently has a similar application in front of the Zoning Board of Appeals as the Department of Motor Vehicles requires the Chairman of the Zoning Board of Appeals to sign off on their paperwork. Mr. Guastaferri stated the vehicles that will be sold are “collector type” vehicles which would be advertised over the internet and housed in lower level garages located in the rear of the building. Mr. Guastaferri stated that he would bring photos of the garage bays to the next meeting. He further stated that none of the vehicles will be parked outside with signs on them. After commission discussion, Motion by D. Pomeroy, seconded by G. Graveline to accept the application from Crosspointe Exotics, LLC, 50 Waterbury Road for a Special Permit to operate a used car dealership on 50 Waterbury Road and set a public hearing on the application for September 3, 2008 at 7:30 p.m. Unanimous.
c. William Stowell, Business Manager, Regional School District #16 - Proposed Resolution of approval for the acquisition of 54 Talmadge Hill Road. William Stowell appeared on behalf of Regional School District #16 and in accordance with the provisions of Section 8-24 of the Connecticut General Statutes presented the commissioners with a proposed resolution for Regional School District #16 to acquire an approximately 47 acre parcel of land located at 54 Talmadge Hill Road. Mr. Stowell stated that the owner of the parcel, commonly known as the “paintball property”, has accepted Region #16’s proposed offer for the purchase of the property. He further stated that the proposal is contingent upon a successful referendum and the legal requirements of Section 8-24 which includes acceptance of the resolution by Planning & Zoning. Mr. Stowell stated that Region #16 is a legislative body and has already set a public hearing for August 20, 2008. Mr. Stowell further stated that after the public hearing is held the district will schedule a referendum. Chairman Hiscox noted that if the referendum is approved, and Region #16 buys the land, Region #16 will have to make an application for a zone change which will include a public hearing and then submit a site plan application for the property. Chairman Hiscox asked for comments from the commission. Motion by A. Havican, seconded by A. Delelle to approve the Resolution, as presented by Regional School District #16, to acquire a parcel of property located at 54 Talmadge Hill Road in accordance with the provisions of Section 8-24 of the Connecticut General Statutes. Unanimous.
Land Use Inspector’s Report Bill Donovan stated that there was a recent change to Section 8-7(d) of the Connecticut General Statutes which deals with notification of the public when there is an application or petition before Planning & Zoning or the Zoning Board of Appeals. Bill stated that Section 8-7(d) of the State Statutes say proof of mailing shall be evidenced by a certificate of mailing. With these, the post office certifies that they have received and will deliver letters to the individual addresses on the envelopes. There is no verification that the listed property owner personally receives the letter. In Bill’s opinion, a certificate of mailing satisfies the Regulations and is consistent with the Statutes’ provisions for mailing requirements and will also save the applicants several dollars per each envelope mailed. After commission discussion, the commission was in agreement that a certificate of mailing satisfies the requirements for notifying surrounding property owners. Bill stated that after the last meeting he followed up the complaints on Merriman Lane. He stated that the property on Merriman Lane which he has received complaints of excessive vehicles and outside storage materials had a home occupation permit for a landscaping business which was issued in June 2003. Bill stated our regulations say that a home occupation permit needs to be renewed every five years, so this permit expired in June 2008. He has written the homeowner a letter stating that the permit holder needs to come before the Planning & Zoning Commission and re-apply. Bill further stated at that time the commission can question the applicant as to whether or not he has changed his business since that time, or if he is still operating in compliance with his original permit. The commission can also verify, before renewing the home occupation permit, if the applicant’s property is in compliance with all current zoning regulations. Bill stated that he will be reviewing his list of home occupations to follow up on permits that have now expired. Bill also followed up on the other Merriman Lane complaints and stated that he sent letters to the owners of the properties which had the canvas hut and the trailer too close to the road. Chairman Hiscox asked Bill to follow up on the Dunkin Donuts wrap-a-round signs and the weight of the commercial vehicle parked at the end of Hydelor Avenue with the “for sale” sign on it. Chairman Hiscox stated that he wanted to keep the Regulation Revisions on the Agenda in order to deal with the 2-acre zoning. The Chairman further stated that the Planning & Zoning Commission had been waiting on the Open Space Plan in order to help guide them in the decision making process concerning 2-acre zoning. A. Delelle stated that the Open Space Committee has a meeting scheduled for August 14th to review the proposal and he would report back to the Planning & Zoning Commission at the next meeting.
Motion by A. Havican, seconded by A. Delelle to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
Chairman Hiscox stated for the record that due to commission members’ vacation schedules, the meeting scheduled for August 20, 2008 has been canceled and that the next Planning & Zoning meeting will be held on Wednesday, September 3, 2008 at 7:00 p.m.
Adjournment: Motion by A. Havican, seconded by D. Pomeroy to adjourn at 7:59 p.m. Unanimous
Robert Hiscox
Robert Hiscox