July 2, 2008
Chairman Hiscox called the meeting to order at 7:02 p.m. The meeting was taped.
Members Present: Robert Hiscox, Donald Pomeroy, Al Delelle, Greg Ploski, Al Havican
Alternates Present: G. Graveline, Jack Crumb
Absent: Ed Miller (Alt.)
Also Present: Bill Donovan, Land Use Inspector
Approval of Minutes: Motion by A. Havican seconded by A. Delelle to approve the June 18, 2008 minutes. Unanimous.
Correspondence:
1. Regional Planning Commission of the Council of Governments of the Central Naugatuck Valley - Minutes from the May 6, 2008 Meeting.
2. Anonymous letter from a Melissa Lane resident in opposition to the Powell Enterprises, LLC home occupation special permit application for 39 Melissa Lane.
3. Letter dated 6/21/08 from Thomas M. Chucta, 46 Melissa Lane in opposition to the Powell Enterprises, LLC home occupation permit application for 39 Melissa Lane.
4. Letter dated 7/2/08 from Attorney Carl Cicchetti, representing a Melissa Lane neighbor, in opposition to the Powell Enterprises, LLC home occupation permit application for 39 Melissa Lane.
5. Letter dated 6/26/08 from John & Silvia Sullo, 4 Ivy Terrace in opposition to the Masonry home occupation special permit application for 245 Straitsville Road.
6. Letter dated 6/26/08 from Charles & Michele Anderson, 62 Putting Green Lane in opposition to the Gunsmith home occupation special permit application for 7 Barry Lane.
7. Letter dated 6/22/08 from Carol & Russell Lawrence, 9 Barry Lane in opposition to the Gunsmith home occupation special permit application for 7 Barry Lane.
In response to the three letters in opposition to the Powell Enterprises, LLC home occupation special permit application for 39 Melissa Lane, Chairman Hiscox stated that these letters would be addressed during the public hearing scheduled for 7:30 p.m.
In response to the letter from John & Silvio Sullo, 4 Ivy Terrace in opposition to the Masonry home occupation special permit application for 245 Straitsville Road, Chairman Hiscox stated that this letter would be addressed during the public hearing scheduled for 7:20 p.m.
In response to the two letters in opposition to the Gunsmith home occupation special permit application for 7 Barry Lane, Chairman Hiscox stated that this letter would be addressed during the public hearing scheduled for 7:10 p.m.
Motion by A. Havican seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
Public Hearings:
- 7:10 p.m. William Blakely, 7 Barry Lane, Special Permit Application for a Home Occupation: Gunsmith. (continued from 6/18/08). The Applicant appeared and provided the commission with photographs and a diagram showing his home layout and the proposed customer parking spaces. Mr. Blakely stated that the non-working drain at the base of his driveway had been repaired. The Chairman asked the commission for comments. Chairman Hiscox read into record the letter dated 6/26/08 from Charles & Michele Anderson, 62 Putting Green Lane in opposition to the Gunsmith home occupation special permit application for 7 Barry Lane. The Chairman read portions of a lengthy letter dated 6/22/08 from Carol & Russell Lawrence, 9 Barry Lane in opposition to the Gunsmith home occupation special permit application for 7 Barry Lane. The Chairman circulated the letter to the commissioners and stated to the public that it was available for their viewing. The Chairman asked the public for comments. J. Andrews, 14 Brighton Road read the commission a statement in favor of granting of this special permit application. She further provided each member of the commission a copy of her typed statement along with a packet of information and statistics, some to the contrary of Mrs. Lawrence’s statements and statistics which she provided to the commission at the commencement of the public hearing on 6/18/08. She further mentioned that based upon the Chairman’s prior comments made when Mr. Blakely was presenting his application for this special permit, that he appears to have already made the decision to not vote in favor of the application and should recuse himself from voting on this application. C. Lawrence, 9 Barry Lane highlighted portions of her correspondence submitted to the commission. Mrs. Lawrence stated that because Barry Lane is a cul-de-sac this home occupation could double the amount of traffic in the neighborhood. Mrs. Lawrence noted that if the Applicant was called to an emergency it would possibly leave patrons loitering. Mrs. Lawrence stated concern over Mr. Blakely possibly becoming lax in following the regulations in the future. She stated that being a gunsmith is a reputable occupation and that she is not opposed to a gunsmith opening a storefront in Prospect, just not in her backyard. Mrs. Lawrence stated that if Mr. Blakely had a storefront it would offer residents a solution as it would preserve the character of Prospect’s residentially zoned neighborhoods and would alleviate confusion if the business terminates as the sign would be removed and the telephone line would be disconnected while 7 Barry Lane would remain a non-obscured residence either way and be twice as difficult to identify as a non-operational business. Mrs. Lawrence stated that if the Town is supportive of a firefighter in this endeavor maybe they could rent space to the applicant - possibly at the firehouse or the police department which could double as the instant security expected for this type of business. Mrs. Lawrence asked the commission when does a possible nuisance become a major obstruction and which direction should our community standards gravitate? K. Soden, 10 Bronson Road stated that he is opposed to the granting of this special permit. He further stated that when people move into a residential neighborhood they have a reasonable expectation that there are not going to be firearms transported in and out of their neighbor’s home. There were no further comments and a Motion by A. Havican, seconded by D. Pomeroy to close the public hearing was Unanimous.
- 7:20 p.m. Paulo DaCosta, 245 Straitsville Road - Special Permit Application for a Home Occupation: Masonry. Chairman Hiscox read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on June 20th and June 27th, 2008. Chairman Hiscox read into record the letter dated 6/26/08 from John & Silvia Sullo, 4 Ivy Terrace in opposition to the Masonry home occupation special permit application for 245 Straitsville Road. The applicant appeared and presented the Commission with the certified mail returned “green cards” from the letters sent out to the adjacent property owners. The applicant stated that he would use space in his house for an office for his masonry business for bookkeeping purposes only. He stated that he would not have a sign or any outdoor storage. He stated he would only be using his own pick up truck and that there wouldn’t be any other employees at the property. D. Pomeroy asked the applicant about the occasional service provider which the applicant mentioned at the last meeting. The applicant stated that he was speaking of subcontractors who may from time to time stop by the home to pick up or drop off plans and/or estimates not staying more than ½ hour at a time. G. Ploski asked the applicant if he would have a stone delivery truck or any type of commercial vehicles at the property to which the applicant responded no. Chairman Hiscox asked for any comments from the public. J. Cronan, 20 Ivy Terrace stated that while he was not opposed to a bookkeeping office, he just wanted to make sure that there wouldn’t be any trucks kept at the property or customers coming to the house. Mr. Cronan expressed concern over Straitsville Road becoming a commercial zone. Mr. Cronan also mentioned to the Commission that the “College Farms” Subdivision has deed restrictions to which D. Pomeroy stated that deed restrictions were binding on the subdivision residents only. Chairman Hiscox stated that the Town has no authority to enforce deed restrictions and that either the court system or the developer would have to enforce the deed restrictions. There were no further comments and a Motion by D. Pomeroy, seconded by A. Delelle to close the public hearing was Unanimous.
- 7:30 p.m. Ralph & Dawn Powell, 39 Melissa Lane - Special Permit Application for a Home Occupation: Office for Powell Enterprises, LLC for bookkeeping purposes. Chairman Hiscox read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on June 20th and June 27th, 2008. The applicant appeared and presented the Commission with the certified mail returned “green cards” from the letters sent out to the adjacent property owners. The applicant stated that he would use the office for bookkeeping purposes only. He stated that he would not have any signs, outdoor storage, customers or commercial vehicles. He stated that he would only be using his own pick up truck and that there would not be any other employees at the property. Chairman Hiscox read into record an anonymous letter received in opposition to the Powell Enterprises, LLC home occupation permit application for 39 Melissa Lane. In response to the letter the applicant stated that he had been doing drainage repairs due to water in his basement. He stated that the wood kept on his property is for his use only in his woodstove and he has two years worth of wood stored. The applicant verified to Chairman Hiscox that he now has an industrial site where he keeps his equipment. The Chairman reminded the applicant that he is not to keep any commercial vehicles, trailers or any other equipment mentioned in the letter at the property. The Chairman read into record the letter from a resident dated 6/21/08. In response Chairman Hiscox asked the applicant if he was running a commercial logging business or selling firewood out of his back yard to which the applicant responded no. The Chairman stated that while having no bearing on the current application, he asked the applicant if he had past or present zoning violations. Mr. Powell stated he did not. Chairman Hiscox then read into record the letter from Attorney Carl Cicchetti dated 7/2/08. Chairman Hiscox then asked the applicant is he was running a landscape business out of his home and the applicant stated he was not - just the office for the landscape business. Mr. Powell stated that he did not have any commercial vehicles or junk vehicles on the property. He stated that his boat is being kept 50 feet back from his property line. Chairman Hiscox asked the commission for comments. G. Ploski asked the applicant if his woodstove was inside or outside to which the applicant answered inside. D. Pomeroy asked for clarity as to whether or not the applicant had been previously cited as the letter indicated. Mr. Powell stated that he had received violation letters in the past and has complied with the letters. Mr. Powell stated that he has one unregistered vehicle at his property which he is restoring but that all of the other vehicles are registered. Land Use Inspector Bill Donovan stated that he had sent out two prior violation letters to Mr. Powell. Bill further stated that he had gone out to Mr. Powell’s property earlier today and as of right now, Mr. Powell is in compliance with the Zoning Regulations. Chairman Hiscox asked for comments from the public. K. O’Connell, 38 Melissa Lane asked the commission how many unregistered vehicles are allowed at a residential property and if commercial vehicles are allowed to be kept in a residential zone. Bill Donovan addressed this question. There were no further comments and a Motion by A. Havican, seconded by D. Pomeroy to close the public hearing was Unanimous.
Old Business:
- Curtiss Landscaping, 36 Union City Road - Updated Site Plan. No action taken pending submission of an updated site plan.
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:
- Section 3.1 Uses By District
Replace SP with N in IND-2 Zone on the following Land Uses:
- Auto & Truck Sales Area & Store (including Repairs)
- Auto & Truck Assembly & Remodeling
- Auto Transportation Services
- Boat Sales and/or Service, Assembly and Remodeling
- Factory: For Manufacture of Concrete & Clay Products
- Fuel/Petroleum Products: Manufacture, Sales, Storage & Distribution
- Processing: Food (excluding Fat, Fish, Poultry, Meat, Vinegar)
Motion by A. Havican, seconded by A. Delelle under discussion for Regulation Revisions to replace SP with N in IND-2 Zone on several allowed uses discussed. Unanimous.
Replace Y with SP in IND-2 Zone on the following Land Use:
- Manufacture & Assembly
Motion by D. Pomeroy, seconded by A. Havican under discussion for Regulation Revisions to replace Y with SP in IND-2 Zone on the allowed use of Manufacture & Assembly. Unanimous.
Replace SP with Y in B Zone on the following Land Uses:
- Health Club
- Personal Services: (Tailoring, Custom Dress Making, Tanning Salon, Hair Cutting, Shoe
Repair and other similar uses)
Motion by A. Havican, seconded by A. Delelle under discussion for Regulation Revisions to replace SP with Y in B Zone on the allowed uses discussed. Unanimous.
Motion by A. Havican, seconded by D. Pomeroy to set an effective date for the Regulation Revisions adopted at this meeting as August 15, 2008. Unanimous.
New Business: None
Land Use Inspector’s Report:
Land Use Inspector Bill Donovan handed out a draft copy of the Affordability Plan for Toll Brothers’ Regency at Prospect’s 55 affordable units. He stated that Town Attorney Jennifer Yoxall and the attorney for Toll Brothers had agreed upon this draft and asked that the commissioners please review the draft before the next P & Z meeting. Bill told the commissioners that he was expecting the affordability application shortly and would pass that along as well. He noted that the first two affordable units are almost complete and will be closing shortly. Bill asked the commission for their opinion on Section 2.4.2.1 Nonconformity of Yards, Minimum Floor Area and Height - specifically how they interpret “not increase the degree of said nonconformity”. Bill stated that this issue has come up a few times where people who have a legal nonconforming house that may be too close to a side line or a rear line and now wish to add another story onto the existing building but remain within the same footprint - will that increase the degree of nonconformity? After commission discussion it was decided that building up while still in the same footprint is considered increasing the degree of nonconformity and anyone wishing to do so would need to seek a variance from the Zoning Board of Appeals. Bill stated that he has spoken with Reggie Finno of Prospect Estates and Larry Farrell of Woodmont Estates, both of whom complained about continuous escalating vandalism at their projects. Bill stated that the vandalism includes riding ATV’s on the lawns and into the houses under construction. One incident of broken windows at Prospect Estates cost the developer $18,000.00 for replacement windows. The contractors are concerned what will eventually happen with their insurance carriers if they continue to make claims. Chairman Hiscox asked for an update on Bayberry Drive and 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 stated that the owners’ approved Inland Wetlands permit includes placing fill within a regulated area and that he went out to the property and the fill brought in hadn’t been put anywhere other than into the approved water garden area. Chairman Hiscox then asked for an update on Blue Trail and Bill stated that he had driven by today and it was quiet. D. Pomeroy stated for the record that he suspects the citizens are truthful in what they are telling the commission, but the commission just hasn’t been able to substantiate it. Chairman Hiscox asked Bill to follow up on the truck on Matthew Street as it was blocking a full lane on Matthew Street this past Saturday. J. Crumb asked about “No Thru Trucks” signs. G. Graveline asked Bill if he had spoken to the Assessor about 30A Scott Road and how the rear lot was set up for tax purposes. Bill stated that he had been away on vacation but would speak to the Assessor about it. Motion by A. Havican, seconded by D. Pomeroy to accept Bill’s report. Unanimous.
Public Participation: Ed DiLoreto, 1 Old School House Road stated concern about the owner of 22 Union City Road having built an addition without obtaining any of the permits that would have been required. Chairman Hiscox stated that the matter is being dealt with by the Building Department and Land Use Inspector Bill Donovan stated that he would follow up with his own Cease & Desist Order as well.
Adjournment:
Motion by A. Havican, seconded by D. Pomeroy to adjourn at 9:10 p.m. Unanimous
Robert Hiscox, Chairman