February 6, 2008
Chairman Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.
Members Present: Robert Hiscox, Don Pomeroy, Al Havican, Greg Ploski, Al Delelle
Alternates Present: Gil Graveline, Jack Crumb
Absent: Ed Miller
Also Present: Bill Donovan, Clerk/Land Use Inspector
Approval of Minutes:
Motion by A. Havican, seconded by G. Ploski to approve the January 16, 2008 minutes as amended. Unanimous.
Correspondence:
1.) Connecticut Federation of Planning & Zoning Agencies: Quarterly Newsletter, Length of Services Awards Nomination Forms, Announcement of Annual conference for March 27th; 2.) Council of Governments Central Naugatuck Valley Land Use Seminars for 2008, September 11, 2007 Minutes of the Regional Planning Commission and Notice of March 4, 2008 Public Hearing on the draft 2008 Regional Plan of Conservation and Development; 3.) American Planning Association: Pamphlet on Zoning Practice/Smart Practice. Motion by A. Delle, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: None
Chairman Hiscox called for a motion to add Jennifer Bendler, 69 Waterbury Road to the agenda under “New Business”. Motion by D. Pomeroy, seconded by G. Ploski to add Jennifer Bendler under New Business: Unanimous.
New Business:
a. Matthew Ballingham, 28 Clark Hill Road. Special Permit Application for a Home Occupation: Home Improvement Contractor. Mr. Ballingham stated he would like to utilize his residence as a base for his home improvement services that would occur off-site. Chairman Hiscox confirmed that Mr. Ballingham is not the owner of the property and the Commission will need a letter of authorization from the property owner. Motion by D. Pomeroy, seconded by A. Havican to accept this Special Permit Application. A public hearing was scheduled for March 5, 2008 at 7:10 p.m. Unanimous.
Public Hearings:
a. 7:10 p.m. Jane Wollack, 6 Damase Street. Home Occupation: Massage Therapist. Chairman Hiscox read into the record the “Notice of
Public Hearing” for this application as it appeared in the Republican American on January 25 & February 1, 2008. Mrs. Wollack presented
required mailings receipts. She stated she is a Connecticut-licensed massage therapist currently with an office in Prospect. Mrs. Wollack
desires to relocate her practice to her home residence. The driveway can accommodate up to 6 cars. She stated there would likely be no more
than 2 client cars in the driveway at any one time. Hours of operation could be from 9:00 a.m. to 7:00 p.m.; however this would be only on
occasion. She also stated Saturday hours would be 9: 00 a.m. to 1:00 p.m. She is the only one involved; there are no other employees. Clients
include people with injury, stress relief or post operation therapy. The chairman asked for comments from the public. Velma Hall 8 Highland
Drive was concerned with added traffic. Mrs. Wollack stated there would be approximately 10-12 clients per week or 2-3 clients per day.
There were no further comments and a Motion by D. Pomeroy, seconded by G. Ploski to close the public hearing was Unanimous. Motion by
A. Havican, seconded by G. Ploski to approve the Special Permit Home Occupation permit of Jane Wollack as presented. Discussion: D.
Pomeroy does not see this home occupation as impacting the neighborhood. G. Graveline confirmed this is a 5-year renewable permit. In
favor: Unanimous.
b. 7:20 p.m. Christopher and Whitney Caporaso, 176 Straitsville Road. Special Permit application to construct greenhouses on residential property for commercial plant propagation (continued from January 16th). Whitney Caporaso presented plot plans showing the exit and entrance on Straitsville Road to the greenhouses. This is where the box truck delivering the plant flats would access and exit the site. The site line at this location exceeds 200-feet. A 6-foot high wood fence would be placed along the property line for screening. D. Pomeroy asked for clarification on the detached shed addition. Mrs. Caporaso stated this permit does not include any addition on the shed/garage located on Porter Hill Road. G. Ploski asked where the screening is proposed. Mrs. Caporaso stated along the back of the property. D. Pomeroy confirmed the proposed oil tanks for heating the greenhouses need to be in compliance with pertinent DEP requirements. Mrs. Caporaso referred the commissioners to the notes on the back of her plot plan for information on the oil tanks. G. Ploski asked about the noise of the fans. The back of the plot plan states greenhouse ventilation units will not exceed 70db in noise. The fans will be located on the Straitsville side of the greenhouses and used only when greenhouses are too hot. Chairman Hiscox asked for comments from the public. Gene McCarthy, Prospect Assistant Director of Public Works stated there have been numerous problems associated with this property with parking commercial vehicles and equipment on the abutting town roads. He questioned the shown property boundary along Straitsville Road on the applicant’s plot plan saying the house is much closer to Straitsville Road than shown on the plan. He questioned why an “A-2 survey was not required to confirm the proposed greenhouses can be placed on the property in compliance with the regulations. Mr. McCarthy also mentioned the need to show contours on the plot plan and questioned how drainage will be controlled after the property has been graded to allow placement of the greenhouses. Also asked if a buffer to the abutting residential property should be required. Asked about outside storage. He questioned the site line coming out of the proposed driveway going south and if a 200-foot site line is adequate with a 30-mph speed limit. He asked how waste of any kind will be disposed of. He feels a bond should be required if approved. He again stressed the need for an A-2 survey to determine exact locations of existing and new structures. Chairman Hiscox referred to pertinent sections of the regulations that should be adhered to. The Chairman asked about outside storage. Mrs. Caporaso stated storage would be inside their garage on Porter Hill Road including planting containers, gardening and farming tools. The Chairman asked about the parking of vehicles on Porter Hill Road saying if this has been a problem in the past, a condition of the Special Permit could be to eliminate all such parking on a town road. J. Crumb asked if both garages would be getting raised additions. Mrs. Caporaso stated they both will. G.Ploski asked how to best alleviate the existing parking problem on Porter Hill Road. G. McCarthy stated Porter Hill Road does have a 50-foot wide right-of-way and the paving is 18-feet wide at best. A survey needs to accurately establish the property line along Porter Hill Road. The house is very old and the property needs to be surveyed to determine property lines. Chris Caporaso stated there are property pins in place. J. Crumb asked for proposed grading, contours, drainage plans. D. Pomeroy asked what will become of the remaining land that has been cleared. C. Caporaso said it will be seeded with grass. Chairman Hiscox referred to Section 12.3 for required items on an application. Chairman Hiscox asked for comments from the public: Dave Santoro, 5 Porter Hill Road asked to review the submitted plot plan. Fred Beaudoin, 177 Straitsville Road is in favor of the greenhouses saying it would benefit the neighborhood. He presented a letter from his parents, Paul and Marion Beaudoin, 179 Straitsville Road also supporting Mr. Caporaso’s application. Fred Barone, 185 Straitsville Road is opposed to this application citing new commercial use in this neighborhood with added truck traffic. Dave Santoro, 5 Porter Hill Road has concerns with safety and the line of site accessing onto Straitsville Road. He presented a list of items dated 01/28/08 prepared by neighboring property owners for the commission’s consideration in their deliberations on this application. Dave Wartko, 14 Brighten Road questioned the use of nitrates with organic growing of plants. He believes periodic water testing down-stream of this property should be required to ensure unnecessary pollution entering watershed lands. Mrs. Caporaso stated their neighbor applies chemicals to his property that she could not be responsible for these chemicals are getting into the water course. Clement Vilardo, 6 Porter Hill Road (the neighbor) stated he does use a lawn service to put down chemicals on his property on a scheduled basis. Alan Sills, 180 Straitsville Road asked about the proposed fence possibly being extended along Porter Hill Road. Chairman Hiscox asked the applicant for an extension of time on his application to allow the public hearing to continue. The public hearing was continued to February 20th beginning at 7:10 p.m. Motion by D. Pomeroy, seconded by A. Havican to schedule a Site Walk for Saturday February 16th at 8:30 a.m. Unanimous.
Old Business:
a. Mark Southard, 17 Salem Road. Review of proposed additional rear lot. Attorney Warren Hess represented the applicant. Presented copies of the Town’s assessor’s map and an early subdivision map of the Southard property. The Attorney stated the Southards own 4 pieces of land: a private road, non-conforming lot, and 2 separate parcels (one on each side of the private road) shown on an early subdivision map filed prior to the enactment of zoning. The Southards do not own parcels 1 and 3 as shown on this map. A third map was handed out showing what they are proposing to do along with a legal opinion that has been forwarded to the Town’s legal counsel. Attorney Hess stated a non-conforming lot can be changed as long as the change does not make the lot more non-conforming. Their proposed boundary changes do not make these lots more non-conforming; they are making them larger. Chairman Hiscox stated their concerns are the stacking of rear lots and the granting of a waiver. Attorney Hess did say there is no immediate plans to build a house on the vacant Lot 2, however Mr. Southard does not want to give up any future right to develop this lot. Attorney Hess does believe this approach is lawful and consistent with the statutes and that his client as a matter of right can adjust property lines to allow development of a non-conforming property. Mr. Southard stated he only wants to build a house on his property for his children. G. Ploski confirmed that the proposed changes do not change the current number of lots. Attorney Hess stated that is correct.
c. Domenic & Franca Diloreto – Amendment to Site Plan(s) at properties located at 1 Old Schoolhouse Road and 20 Union City Road. Atty. Patrick Zailckas presented an application for a new Special Permit to amend two previously approved Special Permits for Prospect Towing & Service Center, 1 Old Schoolhouse Road. The application includes a revised site plan dated to December 18, 2007. Additionally, Attorney Zailckas submitted an application for an amendment of the previously approved site plan dated November 16, 2005 for a convenience store/gas station at 20 Union City Road. This revised site plan is the same as the above dated through December 18, 2007. Motion by A. Havican, seconded by D. Pomeroy to accept the application of Domenic & Franca Diloreto for a Special Permit amendment and set a time for the Public Hearing for March 5, 2008 at 7: 15 p.m. Unanimous. The proposed site plan amendment for 20 Union City Road will be heard at the March 5th meeting as well. Chairman Hiscox questioned the stone boundary wall on 1 Old Schoolhouse Road saying it was not originally built as a retaining wall and therefore must be properly engineered if it is to remain.
Old Business:
a. Toll Brothers, Inc., 120 Scott Road. Annual Up-date on “Regency at Prospect”. Dan Walton and Matt Gilchrist represented Toll Brothers. They detailed current status of project’s progress, including the water, sewer, storm water installations and road construction in Phase I of the development. The model units are constructed and 10 residential units are under construction. Phase II will commence this Spring. They also spoke on the progress of the Sewer Agreement with the Town of Waterbury. They detailed construction of a ‘haul road’ connecting Phase I to Phase II over the footprint for the permanent road to allow construction traffic to access between these two phases without having to utilize Scott Road. Mr. Walton anticipates their first residents will move in during February.
b. Luiz Santos, 20 Industrial Road. Change of Use: Manufacturing. Mr. Santos was not in attendance. B. Donovan indicated this business is replacing an automobile body shop dealership that has vacated this site. This business is light manufacturing permitted in the regulations. D. Pomeroy asked if Bill can approve this application rather than having the commission take action. Bill stated he can approve this application administratively; however, because this is taking place in an Industrial zone, he wanted to make the commission aware of the change of use should there be any questions. The commission agreed that the Land Use Office should approve the application.
c. Jennifer Bendler, 69 Waterbury Road. Auto Repair Dealership. Mrs. Bendler stated they will be operating an automobile repair service associated with Jim Juliani’s existing used car dealership. They will be working under his automobile dealership license. Chairman Hiscox reviewed the various changes that have occurred on this site in recent years. B. Donovan mentioned the prior repair service Mrs. Bendler is replacing acted as its own separate business. Mrs. Bendler stated she is working under Mr. Juliani’s license. Chairman Hiscox stated there would now be 3 separate businesses on this site and is concerned about the increasing congestion. Mrs. Bendler stated they would work in compliance with the current site plan. They have limited available parking and will not be blocking the repossession business access. Discussed signs for her business. The site plan needs to be up-dated to show additional signs and that these signs are in compliance with the regulations. Mr. Juliani will need to attend a meeting to bring his site plan up to date with this business included.
b. 2008-2009 Budget Request (07/01/08-06/30/09): The commission reviewed dollar amounts spent thus far for the individual budget items and agreed to submit the same budget figures for the 2008-2009 fiscal year resulting in a zero proposed increase in the Planning & Zoning budget. Motion by A. Havican, seconded by G. Ploski to propose the same adopted budget amounts for this fiscal year for the proposed 2008-2009 budget. Unanimous.
c. Land Use Inspector’s Report: Bill mentioned he has been getting good response from his add in the Prospect Pages for the Land Use/Planning & Zoning Clerk’s position. He mentioned the consultant from Applied Geographic’s, who is the company hired for the Town’s GIS system, gave a presentation in the Town Hall for Prospect’s future GIS web site. The consultant will be returning at a later date prior to the web site’s start-up to offer a presentation to the various boards and commissions. Chairman Hiscox inquired about the canvas structure on Plank Road and the return of the commercial truck on Juggernaut Road. He directed Bill to continue with necessary follow-up on both. The Chairman asked whether an older violation that was corrected prior to a Municipal Citation being issued can be issued an immediate citation if the same violations return, or must the enforcement process begin all over again. D. Pomeroy stated he will attending a meeting with the Town Attorney and will ask her that question. D. Pomeroy asked Bill if he had contacted the property owner at 44 Waterbury Road concerning the need to install barriers around two new catch basins to prevent sedimentation from flowing into the storm water system. Bill stated he spoke to Mr. Guastaferri who said it will be taken care of. Motion by A. Havican, seconded by G. Ploski to accept the Land Use Inspector’s report. Unanimous.
Public Participation: Dave Wartko, speaking as a member of the Prospect Water Pollution Control Authority, questioned the Commission on why there was no response to his Chairman’s past letter to P & Z recommending certain changes to the zoning regulations that would require formal notice to the WPCA on proposed developments. The Chairman acknowledged receipt of that letter and other information pertaining to possible amendments to the regulations. He indicated all will be reviewed when the commission finally begins formal discussions and hearings on proposed amended regulations and map changes. D. Pomeroy stated it would be beneficial to both the WPCA and Planning & Zoning if the two boards could meet to discuss this and other matters of shared interest. Mr. Wartko stated the WPCA has imposed an 18-month moratorium on new sewer connections and they would like to have a sense of where the WPCA will stand in any amendments prior to the moratorium’s expiration.
Adjournment: Motion by A. Havican, seconded by A. Delelle to adjourn at 9:35 p.m. Unanimous.
Robert Hiscox, Chairman