Planning & Zoning

May 7, 2008

Chairman Hiscox called the meeting to order at 7: 03 p.m. The meeting was taped.

Members Present: Robert Hiscox, Donald Pomeroy, Al Delelle, Greg Ploski
Alternates Present: G. Graveline, Jack Crumb
Absent: Al Havican , Ed Miller (alt.)
Also Present:Bill Donovan, Land Use Inspector

Chairman Hiscox seated Jack Crumb for Al Havican.

Approval of Minutes: Motion by G. Ploski seconded by A. Delelle to approve the April 16, 2008 minutes as presented. Unanimous.

Correspondence:
1.) Warren Cohn, ACF Environmental - One-Day Workshop ”Geosynthetic BMPs For Stormwater Management”
2.) Connecticut Federation of Planning and Zoning Agencies - Quarterly Newsletter
3.) Council of Governments - Central Naugatuck Valley - 3/4/08 Regional Planning Meeting Minutes.
4.) Invitation to the Dedication of the Prospect Public Library Gazebo In Memory of Dominic Moschella on Saturday, May 31, 2008 from 3:30 p.m. - 5:30 p.m.
5.) Letter from David Santoro, 5 Porter Hill Road - concerned about commercial trucks being parked overnight at the Caporaso’s property at 176 Straitsville Road in violation of Special Permit.
Motion by D. Pomeroy, seconded by G. Ploski to accept the correspondence. Unanimous.

Public Participation: J. Capobianco, 8 Blue Trail Drive, stated concerns about there being no improvement at 15 Blue Trail Drive and questioned if the property owner was currently being fined. Land Use Inspector Bill Donovan stated that there have been no fines issued to date but if proof of a violation is found fines will follow. Chairman Hiscox asked Bill Donovan what would be considered proof and stated that if a violation was found that fines should begin immediately. Marsha Beltrami, mother lives on Blue Trail Drive, also stated that there is now a large car carrier type trailer on the property. She also asked if the property owner had been issued a permit to operate a business out of 15 Blue Trail Drive. Land Use Inspector Bill Donovan stated that his office had never received an application to run a business at the property. Ms. Beltrami also said that an addition had been built on the back of the house and asked if a permit had ever been applied for or issued. Bill Donovan stated that he would look through his permit records to see if an addition permit had been applied for. Alice Garcia, 18 Blue Trail Drive, stated concern over a flatbed truck carrying another piece of equipment that was dropped off at the property. D. Pomeroy asked Bill Donovan if the property owner of 15 Blue Trail Drive had ever provided him with a certification from the DMV verifying the tow truck’s weight. Bill stated that he had not received the certification. Chairman Hiscox asked Land Use Inspector Bill Donovan to follow up with another letter to the property owner of 15 Blue Trail Drive asking about the car carrier type trailer and for the weight certification from the DMV. The Chairman further asked Bill to check for any permits and asked that if formal proof of a violation is found to issue fines immediately.

Public Hearings:
- 7:10 p.m. Proposed Amendments to the Prospect Zoning Regulations specific to proposal submitted by the Prospect Water Pollution Control Authority. Chairman Hiscox read into the record the “Notice of Public Hearing” for this Public Hearing as it appeared in the republican American on April 24, 2008 & May 1, 2008. Carla Erickson, Chairman of the WPCA discussed with the Commission the WPCA’s plan to become more involved with the Town than in the past with the goal to promote well-planned growth of the Town. They are proposing to be included in the regulations as a reviewing agency for applications involving either public water sewers or a sanitary sewer connection. After Commission discussion, Chairman Hiscox stated that he appreciated the WPCA being “another set of eyes” for the Town in the future. Motion by G. Ploski, second by D. Pomeroy to close the public hearing. Unanimous. Motion by J. Crumb, seconded by G. Ploski to accept the proposed WPCA amendments to the Zoning Regulations with an effective date of June 7, 2008. Unanimous.

Old Business:

a. Domenic & Franca DiLoreto, 1 Old Schoolhouse Road - Amendments to Special Permit for an Auto and Truck Sales Area & Store including Repairs (Public Hearing closed on 4/2/08). The Commissioners reviewed the Draft Amended Special Permit Resolution of Approval prepared by Bill Donovan. The Chairman reviewed the history of the property citing past violations and stated that he believes the terms and conditions in the current resolution before the Commission clarifies the permit and enhances safety on the property. Motion by D. Pomeroy, seconded by G. Graveline to approve the Resolution of Approval as presented. Further discussion was held by the Commissioners as to whether or not the Town should be involved with the structural integrity of the stone wall on the property which was built by the abutting property owner. The Commission consented to remove any reference to the stone wall from the Resolution. The issue of preventing trucks from being backed on to the property was discussed. D. Pomeroy and G. Ploski stated they would not approve the Resolution as presented as it prevents Mr. DiLoreto from backing his trucks from Old School House Road onto his property. J. Crumb questioned whether Mr. DiLoreto would be able to back the trucks onto Old School House Road from 20 Union City Road if those trucks entered 20 Union City Road as the gasoline delivery trucks do. G. Ploski questioned how the Commission could enforce the backing should someone totally unrelated to the DiLoreto’s business back onto the property. The Chairman called for a vote on the motion. Three votes in favor, two opposed. Motion to Approve carries. B. Hiscox, A. Delelle, J. Crumb voted in favor. D. Pomeroy and G. Ploski did not vote to approve.

b. Domenic & Franca DiLoreto, 20 Union City Road - Amendments to Site Plan. Attorney Patrick Zailckas and Scott Meyers, Civil Engineer, Meyers Associates, P.C. appearing on behalf of the Applicants provided the Commission with an updated Site Plan dated May 5, 2008 in accordance with the Commission’s suggestions for clarification at the last meeting. The updated Site Plan included a path for tanker trucks to exit, two parking spaces parallel with the building rather than angled to prevent the blocking of the exit path for the tanker trucks, four 2-foot diameter planters which shall be placed on the property from May 15th through October 15th and then be removed by the owners during the Winter season due to Town snow plowing. D. Pomeroy questioned whether the current septic holding tank could withstand the heavy trucks driving over it. Mr. DiLoreto responded by stating that the holding tank had been updated and could withstand the weight of the trucks. Motion by G. Ploski, seconded by A.Delelle to approve the Site Plan dated May 5, 2008. Unanimous.

New Business:

Greg Ploski recused himself from the Board.

b. G. & G. Trust, 103 Union City Road - Preliminary Site Plan Application. Proposed Industrial Subdivision for 99 Union City Road.
Greg Ploski & Linda Ploski, 114 Clark Hill Road presented the Commission with a preliminary site plan application for a 4-lot industrial subdivision. The plan calls for a right of way to the lots which will be owned privately rather than have an easement. Mr. Ploski stated that the right of way will be partially paved approximately 100 ft. to 120 ft. from Rt. 68. Chairman Hiscox questioned the width of the right of way and Mr. Ploski stated that it will be the same as Industrial Road. The maps were reviewed and discussed by the Commission who indicated that they would like the Applicants to be very specific with the Site Plan that is filed with their Application and to make sure that it includes the Aquifer Protection Area, watercourses, pond, Water Company pump house and the Cedar Hill abutting property owners and locations of each house. The Chairman asked Mr. Ploski when they expected to file the formal application and Mr. Ploski said they hope to file it within the next 60 days. Greg Ploski & Linda Ploski, 114 Clark Hill Road also submitted a preliminary site plan for a lot line revision on 103 Union City Road. The lot line change is for a 1 acre parcel of 99 Union City Road to be added to the back of 103 Union City Road. Chairman Hiscox asked for an updated site plan which needs to include the entire site (all of 103 Union City Road and the 1- acre of 99 Union City Road) indicating what the site will be used for. Mr. Ploski indicated that he hoped to file the formal site plan at the same time he files the application for the proposed Industrial Subdivision.

c. William Blakely, 7 Barry Lane, Special Permit Application for a Home Occupation: Gunsmith. Applicant was not present and therefore no action was taken.

Greg Ploski returned to the Board

Land Use Inspector’s Report: Bill Donovan reported back to the Commission on the two homes on Williams Drive. Bill indicated that a Cease & Desist was issued on 56 Williams Drive and the property has since been cleaned up a bit. Bill indicated that the second property has not been improved and a Cease & Desist will have to be issued. Bill reported that there has been no change on the Roy Mountain Road property even though the owners have accrued $2,800.00 in fines - the matter has now been turned over to the Town Attorney, Jennifer Yoxall. Chairman Hiscox was concerned and asked Bill to review the Site Plans for both Eagle Trucking and Curtiss Landscaping on Rt. 68. After driving by both properties, he believes that they have gone above and beyond what their Site Plan had called for. The Chairman stated that Eagle Trucking has a 2- story high green canvas hut behind their building and asked Bill if he would check to see if this is an acceptable use. D. Pomeroy stated concerns over a large earth moving truck that has been parked for over 6 months near the Pond Place Medical Building. G. Graveline stated that the truck is actually located on Waterbury property and suggested that Bill Donovan send a letter to Dennis Brown, Waterbury’s ZEO, so he may address the truck issue. Motion by D. Pomeroy, seconded by A. Delelle to accept Bill’s report. Unanimous

Adjournment: Motion by A. Delelle, seconded by D. Pomeroy to adjourn at 9:58 p.m. Unanimous

Robert Hiscox, Chairman