July 16, 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 Absent: G. Graveline (Alt.) Ed Miller (Alt.) Also Present: Bill Donovan, Land Use Inspector
The Commission discussed adding an application for a Home Occupation to the Agenda. Motion by D. Pomeroy, seconded by A. Havican to add to the Agenda an application from Honaawar Cacciatore, 15 Stonefield Drive for a Special Permit for a Home Occupation: selling accessories, bracelets and artifacts made in India. Unanimous.
Approval of Minutes: Motion by D. Pomeroy seconded by A. Havican to approve the July 2, 2008 minutes. Unanimous.
Correspondence: 1. College of Agriculture and Natural Resources Journal - Summer 2008 2. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter
Motion by A. Havican seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation:
Christopher Moffo, Director of Parks and Recreation came in and spoke to the commission regarding a proposed dog park at McGrath Park. Mr. Moffo explained to the commission that a group of Prospect residents put together a committee who came before the Park and Recreation Department to present their idea of a dog park in Prospect. Mr. Moffo presented the commission with a drawing/outline of the proposed location in McGrath Park. Chairman Hiscox asked what exactly a dog park consisted of. Mr. Moffo stated that the dog park would be just about 1-acre with fences and gates which would allow the dogs to run unleashed. Mr. Moffo stated that disposable mitts and trash receptacles would be supplied so the owners can clean up their own dog’s waste. Chairman Hiscox asked how close the proposed park would be to the closest neighbor and Land Use Inspector Bill Donovan stated that it is approximately 100 feet to the back line of the closest neighbor’s property on Trotter’s Way but then their house is an additional 20 feet down gradient so the house would be a level below the dog park acting as a further noise buffer. J. Crumb asked if the entire park would be fenced in and Mr. Moffo stated that it would be and there would also be separate sections for large and small dogs and maybe some benches for the owners to sit on. After commission discussion, the Chairman asked Mr. Moffo to put together a detailed site plan application and present it to the commission at the next meeting.
Old Business:
a. Toll Brothers - Regency at Prospect, 120 Scott Road - Clubhouse Parking Revisions. Dan Walton appeared on behalf of Toll Brothers requesting a change to their original site plan. Mr. Walton stated that the clubhouse was originally designed with 22 parking spaces and Toll Brothers has now realized that due to the size of the complex 22 spaces will not be sufficient and they are looking to double the amount of spaces to 44. Mr. Walton provided the commission with a sketch of the proposed site plan amendment. Mr. Walton stated that in addition to the 22 extra spaces they wished to raise the grade for the front doors so they could be handicap accessible without the need for a ramp wrapping back and forth and to have three handicapped parking spaces right in front of the clubhouse. After commission discussion, Motion by D. Pomeroy, seconded by A. Delelle to Amend the Site Plan for the Clubhouse Parking Area in accordance with the new site plan submitted by Toll Brothers – Regency at Prospect, 120 Scott Road. Unanimous.
Public Participation (continued):
John Gallagher a future tenant of 103 Union City Road asked the commission about the possibility of temporarily parking outdoor modular storage units on the property in anticipation of the proposed industrial subdivision of the property. After commission discussion, Chairman Hiscox stated that the property is in the Industrial Zone and therefore it would be necessary for Mr. Gallagher to apply for a Special Permit to accommodate the requested outdoor sstorage. The Chairman asked Mr. Gallagher to file a detailed site plan with a Special Permit Application at a future meeting.
Public Hearings: None
Old Business: (continued):
Curtiss Landscaping, 36 Union City Road - Updated Site Plan. No action taken pending submission of an updated site plan.
c. William Blakley, 7 Barry Lane, Special Permit Application for a Home Occupation: Gunsmith. The applicant was present. G. Ploski requested, that due to public concern on this application, that the commission go through the Zoning Regulation’s Home Occupation requirements so the commission could determine if this application fits the criteria already established in the regulations. Under commission discussion the Chairman asked the applicant what days and hours of operation the applicant was requesting. The applicant stated he is seeking Saturday hours of 9:00 a.m. to 5:00 p.m. in addition to Monday through Friday hours of 9:00 a.m. to 5:00 p.m. by appointment. The Chairman asked that the days and hours that the applicant is seeking be added to the Draft Resolution of Approval. After commission discussion Motion by D. Pomeroy, seconded by A. Delelle to approve and vote on the Draft Resolution of Approval, as amended, for the Home Occupation: Gunsmith Special Permit for William Blakley, 7 Barry Lane. The Chairman called for a vote on the Motion. Due to public perception of his being prejudiced to vote against this application, Chairman Hiscox abstained from voting on this issue. Two votes in favor (D. Pomeroy & G. Ploski), two votes opposed (A. Delelle & A. Havican). Motiondoes not carry for lack of majority.
d. Paulo DaCosta, 245 Straitsville Road - Special Permit Application for a Home Occupation: Masonry. The applicant was present. Chairman Hiscox asked the commission to go through the Zoning Regulation Requirements to determine if, in the commission’s opinion, that this application fits the criteria already established in the regulations. Under discussion D. Pomeroy confirmed with the applicant that there would not be any customers coming to the property. Chairman Hiscox reaffirmed that the applicant wouldn’t have any outdoor storage or commercial vehicles on the property which had been a concern of neighbors at the public hearing. After commission discussion, Motion by D. Pomeroy, seconded by G. Ploski to approve and vote on the Draft Resolution of Approval, as amended, for the Home Occupation Special Permit for Paulo DaCosta, 245 Straitsville Road for an office for his masonry business. Motion by A. Havican, seconded by D. Pomeroy to approve the Home Occupation Special Permit for Paulo DaCosta, 245 Straitsville Road for an office for his masonry business. Chairman Hiscox stated that “In the Commission’s judgment, the application complies with criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.” Unanimous.
e. Ralph & Dawn Powell, 39 Melissa Lane - Special Permit Application for a Home Occupation: Office for Powell Enterprises, LLC for bookkeeping purposes. The applicant was present. The Chairman asked that the hours and days of operation that the applicant is seeking be added to the Draft Resolution of Approval. Chairman Hiscox referred to Section 5.4.6.17 of the regulations and asked Land Use Inspector Bill Donovan if this property is currently in compliance with the zoning regulations. Bill Donovan stated that he had driven by the property just last week and from what he could see everything seemed to be in compliance with the regulations. Chairman Hiscox then asked Bill if a violation of another nature comes up on the property in the future would automatically revoke the special permit as it would then be out of compliance with Section 5.4.6.17. Bill Donovan stated that he believes that a new violation would have to be treated as a separation violation. Chairman Hiscox asked for further comments from the commission. Motion by A. Havican, seconded by A. Delelle to approve and vote on the Draft Resolution of Approval, as amended, for the Home Occupation Special Permit for Ralph Powell, 39 Melissa Lane for an Office for Powell Enterprises, LLC for bookkeeping purposes that includes “In the Commission’s judgment, the application complies with criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.”Unanimous.
f. Regulation Revisions - general discussion. Commissioners discussed the following proposed Regulation Revisions which were presented by Land Use Inspector Bill Donovan in the Town of Prospect - Proposed Zoning Amendments at the Public Hearing held on April 2, 2008. Bill Donovan, at the request of the commission, drafted and presented suggestions with regard to amending Section 4.8.1.3 Commercial Garages, Gasoline Filling & Service Stations. Mr. Donovan’s suggestions were as follows: 1) Eliminate the 1,500-foot separation requirement for a Commercial Garage in IND-1 and IND-2 Zones unless said Commercial Garage is located in a public water supply watershed area which would then retain the 1,500-foot separation requirement to other commercial garages also located in a public water supply watershed; 2) Reduce the minimum distance between two Commercial Garages from 1,500 feet to 500 feet in the Business District. After commission discussion, Motion by A. Delelle, seconded by A. Havican under discussion to approve amendments to Section 4.8.1.3 of the Regulations. Unanimous. The commission did not set an effective date for the Regulation Revisions adopted at this meeting.
New Business:
a. Honaawar Cacciatore, 15 Stonefield Drive - Special Permit Application for a Home Occupation: Selling accessories, bracelets and artifacts made in India. Mrs. Cacciatore presented the commission with her Special Permit Application for a Home Occupation. The Applicant stated that she would like to sell accessories, bracelets and artifacts made in India. The Applicant said that she would be the only employee and there wouldn’t be any signs, outside storage or hazardous materials kept on the property. The Applicant stated that she would get the products from India and that she would not be making any of the products in her home. Mrs. Cacciatore stated that initially her business would be through word of mouth, telephone and networking and then if business goes well, possibly the internet. D. Pomeroy asked how the customers get their product if they do not come to the home. Mrs. Cacciatore stated that she would mail the product to the customers. Motion by A. Havican, seconded by A. Delelle to accept the application from Honaawar Cacciatore, 15 Stonefield Drive for a Special Permit for a Home Occupation: selling accessories, bracelets and artifacts made in India and set the public hearing on August 6, 2008 at 7:10 p.m. Unanimous.
b. G. & G. Trust, 103 Union City Road - Proposed Industrial Subdivision for 99 Union City Road. Roland Desrosiers, of R.J. Desrosiers and Associates appeared on behalf of the applicant and presented the commission a letter signed by the owners of 103 Union City Road giving him permission to act on their behalf with regard to this matter. Mr. Desrosiers stated that there are three separate entities that own this property as Tenants in Common - G. & G. Trust, Industrial Storage, LLC and M & J Service, LLC. Mr. Desrosiers presented the commission with a site plan and an Application for Approval of Subdivision Plan for a 5-lot subdivision located on the southern side of Rt. 68 in an Industrial Zone - a portion of which is included in an Aquifer Protection Zone. Mr. Desrosiers stated that he has a supplemental plan included in the set of plans but it does not show any specific building proposals on the individual lots. In the future the individual owners, when they are ready for construction development, would have to provide the commission with their own site development plan. Chairman Hiscox stated that this application is for the road construction and to subdivide the Industrial land only. The Chairman further stated that each lot will be developed separately and will be required to have an individual site plan that will come before the Planning & Zoning Commission for review. Mr. Desrosier stated that there has been 3.11-acres set aside as open space on the plan which is equal to 10% of the total acreage. Chairman Hiscox asked Land Use Inspector Bill Donovan to contact the Land Trust to see if they have any interest in the proposed set aside property. The Chairman stated to Mr. Desrosiers that if the Town or the Land Trust are not interested in the land, then in lieu of the open space, the commission would require an open space fee. Chairman Hiscox asked for questions from the commission. D. Pomeroy asked if there are any wetlands in the proposed open space suggested on the plan. Mr. Desrosiers stated that the set aside portion of proposed open space encompasses wetlands including a good brook that flows near Jimmy Ashe’s pond on Salem Road, crosses Salem Road and then continues down through the back of 103 Union City Road. D. Pomeroy asked if the proposed open space was too wet for the general public to use it. Mr. Desrosiers stated it is adequate for walking, bird watching, preservation of open space for wildlife, and has access next to the pond for a possible picnic area. After commission discussion, Motion by A. Havican, seconded by D. Pomeroy to accept the application from G. & G. Trust, 103 Union City Road for a proposed Industrial Subdivision and set the public hearing on September 3, 2008 at 7:10 p.m. Unanimous.Land Use Inspector’s Report
Bill Donovan asked the commission for discussion on the Toll Brothers – Exhibit G - Public Offering Statement Affordability Plan and accompanying Application and list of affordable units within the complex. These documents had been provided to the commissioners for their review. Bill Donovan stated that our Town Attorney, Jennifer Yoxall and Toll Brothers’ attorney put in many hours drafting and reviewing the plan. After commission discussion, Motion by D. Pomeroy, seconded by A. Havican to approve Exhibit G - Public Offering Statement Regency at Prospect - Affordability Plan. Unanimous. Upon additional discussion J. Crumb questioned the need for items listed in the application and plan which reference income for children under the age of 18 and approval from the school system. Chairman Hiscox requested that Bill Donovan speak to Town Attorney Jennifer Yoxall to clarify J. Crumb’s concerns before the commission takes action. Thereafter, D. Pomeroy withdrew his motion to approve. Chairman Hiscox asked Bill Donovan if he had any new additional information on the fill that was brought in to Bayberry Drive. Bill stated that he had received a note from the owner indicating that he didn’t have exact records but to the best of his knowledge 80 to 90 cubic yards of fill, including rocks and boulders, was brought in. Bill also stated that after he received the homeowner’s note that he went out to the property and spoke to the contractor who agreed with the owner stating that they did not bring in over 100 cubic yards of fill. Bill further stated that he went over the entire work site and the owners are following the water garden plan which was submitted to and approved by the Inland Wetland Commission to the letter. Chairman Hiscox asked Bill Donovan if he had spoken to the Tax Assessor as to how 30A Scott Road is being taxed. Bill stated that he had spoken to the Tax Assessor who confirmed that the property has been incorporated into one parcel, 54 Scott Road, and is being taxed as one parcel. Chairman Hiscox asked Bill Donovan for a status on the building addition added onto 22 Union City Road, the Café 68 building, without any permits. Bill stated that he sent the owner a letter telling him he needed to come in and apply for a zoning permit but that the owner has not yet done so. Bill further stated that in addition to meeting zoning regulations, the owner would also need Chesprocott approval which he does not have at this time. Bill stated that the Building Inspector is also pursuing this matter from the building code point of view. Bill went on to say that if the owner does not come in for the permit, the next step will be to issue the owner a Cease & Desist. Chairman Hiscox instructed Bill to proceed with the Cease & Desist at this time. Chairman Hiscox also asked Bill to follow up on the gas station at 20 Union City Road whose site plan calls for planters 2-ft. wide in diameter stating that they instead have mini pots of flowers in that area which do not meet the site plan. The Chairman asked Bill Donovan if Mr. DiLoreto had certified the weight of the commercial vehicle which he drives home. Bill stated that Mr. DiLoreto has verbally confirmed the weight of the commercial vehicle but has not yet brought in anything in writing as he has been requested to do. Chairman Hiscox stated that he received a phone call regarding a landscape business home occupation on Merriman Lane and the excessive number of vehicles and materials around the yard are unsightly. The Chairman further stated that when he drove down Merriman Lane he noticed a plastic hut at the end of Merriman Lane. The Chairman also noticed on two separate trips down Merriman Lane that a house, possibly the last one before the cul-de-sac, with a semi-circular driveway, has large commercial vehicles on the property. The Chairman stated that it is his understanding that the owner works for the company who owns the commercial vehicles so they may or may not be there to perform site work. Lastly, the Chairman noted a large camper kept on blocks only 5-ft. off of the road. Motion by A. Havican, seconded by A. Delelle to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
Adjournment: Motion by A. Havican, seconded by D. Pomeroy to adjourn at 8:22 p.m. Unanimous
Robert Hiscox