January 16, 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
Others Present: Bill Donovan, Clerk/Land Use Inspector
Members Absent: Jack Crumb
Approval of Minutes:
Motion by G. Ploski, seconded by A. Havican to approve the December 12, 2007 minutes as amended. Three votes in favor with one abstention. Motion to approve carries.
Correspondence:
1.) Council of Governments: 2007 Profile of the Central Naugatuck Valley Region; 2.) Council of Governments: Schedule of 2008 Land Use Seminars; 3.) Mayor Robert Chatfield: Memo on Storm Water Phase II Ordinance; 4.) Mayor Robert Chatfield: 2008-2009 Proposed Budget Request.
Motion by Don, Greg, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Election of Chairman and Vice-Chairman Motion by A. Havican, seconded by A. Delle to nominate B. Hiscox for chairman. Motion by G. Ploski to nominate D. Pomeroy as Chairman. There was no second on this nomination and the nomination was withdrawn. The motion to approve B. Hiscox as Chairman. Unanimous. Motion by G. Ploski, seconded by A. DeLelle to nominate D. Pomeroy for Vice-Chairman. There were no other nominations and the vote in favor was Unanimous.
Motion by G. Ploski, seconded by A. Havican to add Jane Wallack, 6 Damase Street to the agenda under New Business. Unanimous.
b. Jane Wallack, 6 Damase Street. Special Permit application for a Home Occupation. Jane Wallack stated she is a licensed massage therapist currently working in Prospect and located in a small business office. She is seeking to move her business to her residence. Motion by A. Havican, seconded by D. Pomeroy to accept the application of Jane Wallack. A public hearing was scheduled for Wednesday, February 6, 2008 at 7:10 p.m.
Public Hearings:
7:10 p.m. Chris and Whitney Caporaso, 176 Straitsville Road. Special Permit to construct greenhouses on residential property for commercial plant propagation. The Chairman read into the record the “Notice of Public Hearing” for this application as it appeared in the Republican American on January 4 & 11, 2008. The Chairman also read into the record a letter from Cindy Gaudino, Manager Source Protection with the Connecticut Water Company expressing that company’s concerns with the use of commercial fertilizers and pesticides on this site which is located within their public drinking water supply watershed. Chris Caporaso stated he wishes to construct two greenhouses, 200-feet long, or possibly four 100-foot greenhouses depending on ground conditions. He stated they plan to stay with organic fertilizers and pesticides rather than commercial products. He submitted a scaled drawing of the proposed greenhouses and receipts of all required mailings. Chairman Hiscox stated if there are any future changes to the current plan Mr. Caporaso would need to present those changes to the commission, referring to Mr. Caporaso’s statement of possibly installing 4 greenhouses. G. Ploski asked about truck traffic. Mr. Caporaso stated truck traffic would be minimal with no vehicle larger than an oil delivery truck. There will not be any long-bed or tractor trailer deliveries. Supplies will come from the Flower Farm on Scott Road. Planting flats will be made up at the Flower Farm and delivered to 176 Straitsville Road for growing purposes. When those plants reach optimum development, they will be transported off site. G. Graveline asked if any trucks will exit onto Straitsville Road. Mr. Caporaso said he will have a drive-around over his property passing from Straitsville Road to Porter Hill Road which also abuts his property. A. Havican confirmed there will not be any direct sales from his house. Mr. Caporaso stated that is correct. Chairman Hiscox asked about the mentioned oil trucks. Mr. Caporaso stated they are for the oil deliveries needed to heat the greenhouses with oil. There would be two 275-gallon tanks stored inside the greenhouses. The chairman asked about proper containment of the oil in the event of a spill. G. Ploski stated standards require a 150% containment of what is stored. D. Pomeroy indicted the DEP would likely have a standard on oil containment. G. Graveline asked about stock-piling of any materials outside. Mr. Caporaso stated there should be no need for materials to be stock-piled. D. Pomeroy asked if there would be any lights in the greenhouse at night and if this would affect the neighbors in any way. Mr. Caporaso stated sunlight only. B. Donovan asked if fans would be utilized to reduce heat in the greenhouses. Mr. Caporaso stated there would be fans about the size of an attic fan—one in each greenhouse. Chairman Hiscox asked for comments from the public. Dave Santoro, 5 Porter Hill Road stated the line of site coming off of Porter Hill Road facing north onto Straitsville Road is very poor. He also stated when coming up Straitsville Road, traveling north, a driver does not see the sign for Porter Hill Road until approximately 100-feet from the intersection. The condition of Porter Hill Road is also very poor. He is questioning how trucks can come out of Mr. Caporaso’s property onto Porter Hill Road and then turn onto Straitsville Road given the restricted turning radius. He is concerned with public safety. He suggested a professional traffic study be undertaken. He asked about the existing commercial trucks on Mr. Caporaso’s property. Mr. Santoro asked what type of visual barrier could be placed around the property for an affective screening. G. Graveline asked if the site line where the existing driveway is on Mr. Caporaso’s property is better than Porter Hill Road. Mr. Santoro stated exiting onto Straitsville Road from Porter Hill Road is dangerous. Chairman Hiscox mentioned the site plan does not show any entrances or exits for the greenhouses. He stated with the already mentioned concerns for safety, the access and exits need to be placed in the safest locations. C. Caporaso stated he had been in to see Bill Donovan asking what information needs to be shown on the site plan. G. Graveline asked Mr. Caporaso to consider where the best site line is. Alan Sills, 180 Straitsville Road concerned with safety issues of added truck traffic and the visual appearance of the business as it could impact his property. Clement Vilardo, 6 Porter Hill Road is concerned with the trucks now parking on Porter Hill Road and future truck parking. Also what happens to the greenhouses if the business fails? Would they deteriorate and become unsightly? Chairman Hiscox asked if a business is being operated out of the property. Mr. Caporaso stated no. The commercial equipment (vehicles and dumpsters) on site are there on a temporary basis and are being used in conjunction with the site improvements taking place. The commercial equipment will be removed once this project is completed. Moses Sierra, 184 Straitsville Road is concerned with property values and noise pollution. He is also concerned with proposed border plantings hindering the line of site between Straitsville Road and Porter Hill Road. Mr. Caporaso stated the border plantings will go along the water company and a neighbor’s property but not along Straitsville Road. The Chairman asked for proposed screening & plantings to be shown and listed on the site plan. There were no further comments from the public. D. Pomeroy referred Mr. Caporaso to Section 12.3, page 194 of the Zoning Regulations for a detailed description of what is required to be placed on a site plan for a Special Permit. Chairman Hiscox confirmed the 30’ x 50’ shed addition is no longer a part of this plan. Mr. Caporaso asked who would pay for a traffic specialist if required. Chairman Hiscox stated the applicant would be responsible. The public hearing was continued to February 6, 2008 at 7:15 p.m.
Old Business:
a. CRT Realty LLC, 30 Candee Road – Proposed 5-Lot Subdivision (public hearing closed 12/12/07). B. Donovan presented a proposed site bond amount in the amount of $ 225,000.00 and a property appraisal report of $270,000.00. Chairman Hiscox stated the subdivision plans show conservation easements placed on various proposed lots. He is in favor of these easements as they will help protect the land and should also enhance the value of the properties. The commission assented to directing the applicant to pay a fee to the Town in lieu of providing open space. That fee was established at 10% of the above appraised value of the land or $ 27,000.00. Commissioners reviewed a Draft Resolution of Approval prepared by B. Donovan. Chairman Hiscox stated he is very pleased with the design of the subdivision and has no objection to approving this application. Motion by A. Havican, seconded by D. Pomeroy to approve the Draft Resolution of Approval as presented. Discussion: D. Pomeroy complemented the applicant on what he believes is a well-planned subdivision with minimal disturbance to the property being developed. In favor: Unanimous.
b. Mark Southard, 17 Salem Road. Review of proposed additional rear lot. Roland Desrosiers, licensed land surveyor, represented the applicant. He is asking the commission for a waiver under Section I (7) of the Subdivision Regulations to permit his client to create a rear lot behind another rear lot. Mr. Desrosier showed the commission a proposed resubdivision plan of the property. He stated that prior to zoning, the Southard’s driveway was considered a “proposed road”. Mr. Desrosiers remarked that the Inland Wetlands Commission denied their request to access this parcel coming in from Straitsville Road because the proposed driveway crosses over wetlands. Had that Commission approved the driveway access onto Straitsville Road, this parcel would consequently have had a Straitsville Road address and satisfy the Subdivision Regulations regarding rear lots. Mr. Desrosiers remarked that the property has limited development potential given the presence of abutting parcels and the extent of wetlands. This parcel was part of a subdivision filed in 1959, recorded in Map Book 5, Page 31. He believes an additional rear lot could be considered legal non-conforming. He would like to provide a 25-foot fee simple driveway to that lot. Chairman Hiscox believes what is being proposed is a stacking of rear lots. Mr. Desrosiers disagreed. The Chairman asked if the Southard’s driveway could be a private road. Mr. Desrosiers stated it would be economically unfeasible to build a road for one additional rear lot. He again stated they had tried but failed to obtain driveway access onto Straitsville Road that would have resolved the issue of stacking. G. Graveline asked if the Southards purchased a fee-simple strip to Straitsville Road but continued using the existing driveway onto Salem Road if this would this be acceptable under the regulations. B. Donovan stated the regulations require a driveway constructed to a rear lot must be physically capable of providing access to that rear lot. Mr. Southard asked the commission to please utilize their discretionary power in reaching a fair decision with his property. Mr. Desrosiers referenced a letter from the Prospect Fire Marshall stating an adequate turn-around at the end of the driveway must be provided. Mr. Desrosiers stated they can accommodate that requirement. The land is fairly flat in grade. The Chairman asked what would happen to Lot 2. Would this be an additional rear lot? Mr. Desrosiers stated a house could be built on this vacant lot. The chairman said potentially this could then become the 4th lot and house off this one driveway which is not what the waiver is addressing. He is not comfortable doing this unless a house cannot be built on Lot 2 and Lot 2 is absorbed into the abutting properties. Mr. Southard stated he is looking for a way to provide this land to his family. Al Havican stated if the vacant Lot 2 is developed, this could also set a bad precedent for future non-conforming developments. B. Donovan referenced Section IV (8) of the subdivision Regulations that states a rear lot must be served by its own driveway. The commission has interpreted this to mean that a driveway constructed to a rear lot in compliance with the regulations must be capable of allowing access to that rear lot. Other means of access by easement are permitted in conjunction with the required driveway. The Chairman carried this discussion over to the next meeting.
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 representing the applicant and Scott Meyers, Engineer, appeared on behalf of the applicants. Attorney Zailckas presented a revised set of plans dated to December 18, 2007 showing the location of the septic system. He stated the Diloreto’s have received a variance from the ZBA for the location of the warehouse/garage. He also referred to a letter dated December 21, 2007 from Keith Griffin, Prospect Fire Marshall concerning the oil tank behind the existing gasoline station at 20 Union City Road. On the matter of the septic system location on 1 Old Schoolhouse Road, Attorney Zailckas presented a letter dated May 16, 2007 from the Chesprocott Health District stating their previous issues regarding traffic over the system have been resolved. He further presented a copy of a letter dated this day, January 16, 2008, from Chesprocott Health District granting an exception of the ten foot setback requirement a septic system must be from a property line, and informing Mr. DiLoreto that a permit to discharge has been issued. Attorney Zailckas discussed drainage issues raised by abutting property owners. He referred to a case file sheet dated June 18, 2003 from Chesprocott Health District saying that a field visit made on June 19, 2003 found water from 1 Old Schoolhouse Road was not flowing towards 26 Union City Road. Attorney Zailckas mentioned a letter on file from Gene McCarthy saying he observed waters flowing from 1 Old Schoolhouse Road during a heavy rain event and saw no surface water flowing to 22 Union City Road. He stated Bill Donovan has been at 1 Old Schoolhouse Road during rain storms and has not seen surface water flowing towards 26 Union City Road (Pavlik property). Also, Scott Meyers, Mr. DiLoreto’s engineer and surveyor has previously testified on this matter saying water from 1 Old Schoolhouse Road is not impacting the Pavlik property. Attorney Zailckas mentioned the video tape previously presented to the commission by Jim Kollcinaku showing water flowing through the stone wall he constructed along the northerly border of his property that abuts 1 Old Schoolhouse Road. Attorney Zailckas stated the DiLoretos have since back-filled their side of that wall and banked and graded the surface to direct water runoff to Route 68. Attorney Zailckas submitted deeds showing driveway rights that continue to this day for both 22 Union City Road and 1 Old Schoolhouse Road to cross over the rear of 20 Union City Road to access their properties. He stated it is the DiLoreto’s desire to utilize a 270 square foot triangular area of 20 Union City Road, which is within the above access way, to back trucks into 1 Old Schoolhouse Road. The Attorney stated this would occur on average twice a month, based on recent records. This would require use of the large gate. Trucks will back in using spotters. There is an open line of site from where the trucks would be backing in to Route 69. Also, trucks would be approximately 50-feet from the traffic light so traffic would be slowing up at this point. Attorney Zailckas presented a letter from the Resident State Trooper saying there are no records of accidents caused by tow trucks or other vehicles entering or leaving 1 Old Schoolhouse Road. Attorney Zailckas also presented a list and pictures of commercial properties in Prospect utilizing common driveways. He stated these common driveways have unsupervised traffic, both passenger and commercial vehicles. He is saying there is no substantial evidence to demonstrate the need to prevent trucks from backing into the DiLoreto’s property and therefore no reasons to justify a condition preventing the DiLoreto’s from utilizing the existing gated entryway. Attorney Zailckas re-stated prior discussions on the safest way for gasoline delivery trucks exiting out of the 20 Union City Road is to go forward and onto Old Schoolhouse Road, which they can now do because of the off-set with the existing fence line at the gate. Attorney Zailckas also stated the gate allows emergency access, if necessary, for fire or emergency. Chairman Hiscox stated what the Attorney is asking is for a revision to the Special Permit. These problems have been going on for 5 years; why has this taken this long to now bring these issues before the commission to be resolved? The Chairman stated this is the commission’s frustration. There are a number of complications that have developed with the lack of adherence to the existing Special Permits and Site Plan. He stated what the commission is now looking for is a Site Plan and Special Permit that is to be adhered to. The Chairman directed B. Donovan to draft a new Special Permit, voiding the previous Special Permits and Site Plan approvals. A formal application for a Special Permit and Site Plan approval will be submitted prior to the next meeting. Ed DiLoreto stated he was not intentionally ignoring the Special Permit requirements. He apologized for the consequences of what has occurred. The Chairman asked if the boundary disputes with the abutting neighbor has been resolved, and if not, whether the Town could be brought into a legal quagmire with the approval of the new Site Plan. Attorney Zailckas stated they have provided expert testimony in the form of a prepared site plan prepared by a licensed surveyor and engineer that has not been challenged by opposing expert testimony.
Old Business:
a. Regulations/Zoning Map Revisions: (General Discussion). Chairman Hiscox mentioned the subject of converting an existing commercial building into a mixed use commercial/residential building. He stated the commission should explore this possible added allowed or permitted use when reviewing the regulations in general.
New Business (continued)
b. Subcommittee Appointments: The Chairman indicated openings in two Town subcommittees that need to be filled by Planning & Zoning. Greg Ploski volunteered to be the commission’s representative for the Stormwater Committee and Al Delle volunteered to be the commission’s representative on the Open Space Committee.
c. 2008-2009 Budget Request (07/01/08-06/30/09). Carried over to the February 6th meeting.
d. Pre-Application Review: Gama Developers, 278 Cheshire Road. Earth Excavation/Elderly Housing Development. Ron Gambino and Lou Mazeo from Gama Development stated the project would be located behind Señior Pancho’s Restaurant on Route 68 at the Cheshire town line. They are looking for feed back from the commission on their proposal. They plan to develop an Elderly Housing complex after excavating 300,000-400,000 CY of gravel/sand materials from the existing steep embankment. There would be extensive excavation utilizing companies like Tilcon or O & G. This is not going to become a permanent plant for mining. They understand the current Residential one-acre zone would first need to be converted to an Earth Excavation (EE) zone before proceeding. Chairman Hiscox asked about the truck traffic coming out of the site. Mr. Mazeo stated the truck traffic would exit onto Route 68 and then into Cheshire. Mr. Mazeo estimates the excavation portion of the project would take approximately 2 years to complete including final grading and permanent stabilization of slopes. There would be no processing of materials on site; all materials are to be loaded and trucked to New Britain. D. Pomeroy stated he would be concerned with the affect on the water supply of abutting properties. He would also be asking about the hours of operation; noise & dust pollution, diesel fumes, etc. The issue of a sewer connection with Cheshire would be an item of discussion. If city water is not available, a hydrologic study would be required. Mr. Mazeo stated they are also considering a residential subdivision or a Congregate Housing Development. If the final plan is for an age-restricted development, the roads would likely be private and maintained by others than the Town. Chairman Hiscox stated the commission must look at the long-term impact on the town in regards to the ultimate build-out of this property. D. Pomeroy stated the presence of continuous truck traffic over an extended period of time will be a factor in this review.
Land Use Inspector’s Report:
B. Donovan stated he has written a Position Guide for the Land Use Clerk/Clerk Planning & Zoning Commission position following Heather Anderson’s resignation. He will be placing a notice in the Prospect Pages for their February issue.
Motion by A. Havican, seconded by G. Ploski to accept the Land Use Inspector’s report. Unanimous.
Public Participation: Jim Kollcinaku, 22 Union City Road still has issues with the DiLoreto property at 1 Old Schoolhouse Road and 20 Union City Road. He stated he built the stone wall as an aesthetic boundary marker. If the wall is not on his property, he wants the wall taken down. It is not designed to support the back fill and heavy trucks on the DiLoreto property; it is not a retaining wall. Wants to know if the commission will require Mr. DiLoreto to re-build the wall to support the weight of the trucks. He questioned if the DiLoreto’s ever received all the necessary permits before building the structures on their property. He believes water does run off 1 Old Schoolhouse Road and onto his property. He is questioning the accuracy of Scott Meyer’s maps (DiLoreto’s surveyor). He believes Mr. Diloreto is in violation of his Special Permit. Jeff Slapikas, 51 Royal Crest Drive expressed his opinion that changing certain one-acre zoned properties within a public water supply watershed will place an economic burden on many people.
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn the meeting at 10:35 p.m. Unanimous.
____________________________
Robert Hiscox, Chairman