November 5, 2008
Chairman Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: Robert Hiscox, Donald Pomeroy, Al Havican, Al Delelle, Greg Ploski
Alternates Present: Jack Crumb, G. Graveline
Absent: Ed Miller (Alt.)
Also Present: Bill Donovan, Land Use Inspector
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the October 15, 2008 minutes. Unanimous.
Correspondence:
1) Lorraine DeNicola, Chesprocott Health District - letter dated 10/27/08 re: Biello Estates,
14 Lombard Drive.
2) Scott Poryanda, PE, Connecticut Consulting Engineers - letter dated 11/4/08 re: review of the
revised plan submitted on Cedar Hill Woods, Union City Road.
3) Michael Guaglianone, Regional Water Authority - letter dated 11/3/08 re: Gedraitis Woods,
2-lot residential subdivision of 90 Cook Road.
4) Letter dated 11/4/08 to SFX Broadcasting of Connecticut Inc. from William B. Scarpati,
Building Official re: structural deficiencies with the tower located on 151 Waterbury Road.
5) Letter dated 11/5/08 from Linda M. Kelly, Trustee for G & G Trust, Et Al requesting an
additional 30 day extension to continue the public hearing on the proposed 5-lot industrial
subdivision located at 99 Union City Road.
Chairman Hiscox noted for the record that the correspondence received from Scott Poryanda, PE, Connecticut Consulting Engineers will be added to the file for the proposed industrial subdivision at 99 Union City Road.
Chairman Hiscox noted for the record that the correspondence received from Michael Guaglianone, Regional Water Authority will be added to the file for the proposed 2-lot residential subdivision of 90 Cook Road.
Chairman Hiscox noted for the record that the correspondence received from Linda M. Kelly, Trustee will be added to the file for the proposed 5-lot industrial subdivision located at 99 Union City Road.
Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
Old Business: None
New Business: None
Land Use Inspector’s Report: Chairman Hiscox asked Land Use Inspector Bill Donovan to look into or provide an update on the following:
Public Hearings:
Chairman Hiscox read into record the “Notice of Public Hearings” for the public hearings as it appeared in the Republican American on October 24th and October 31st, 2008.
7:10 p.m. Kenneth J. Faroni, O & G Industries, Inc., 147 Salem Road - 2 Year Renewal of Special Permit. Ken Faroni appeared and presented the commission with a copy of the letter notifying the abutting property owners along with proof of mailings. Mr. Faroni reviewed the background of O & G in Prospect and stated that at the last meeting he had provided the commission with the application fee, topographical maps, phased mining plans, a Reclamation Plan, Certificate of Insurance, a performance bond in the amount of $377,000.00, 4 photographs of the property, and a list of abutting property owners. Mr. Faroni noted that he did not submit blast or complaint logs as nothing but hauling and maintenance has been done at the site in the last two years. Mr. Faroni stated that blasting will resume in the lower and upper bench areas with the same blasting procedures as in the past. He further stated that O & G may possibly bring in portable equipment to develop aggregate that is a finished product that O & G could use directly for their asphalt plants and/or concrete plants. He further stated that if portable equipment is brought in, that equipment will be farther away from their closest neighbor than the existing equipment is and that the portable equipment and the existing equipment will not be run at the same time. Mr. Faroni stated that he would come back before the Planning and Zoning Commission to explain exactly what the portable equipment will be if they do decide to move in that direction. He further stated that there is a monitored security system in place. Chairman Hiscox asked for comments from the public. Mr. Silva, 133 Salem Road expressed his concern regarding dust and stated that he thinks the blasts are too strong and should be restricted. J. Crumb asked Mr. Faroni if O & G is using water to control the dust and Mr. Faroni replied that they do use water and he would also speak with the machine operators in this regard. With no further comments, Motion by D. Pomeroy, seconded by A. Havican to close the public hearing on the application submitted by O & G Industries, Inc., 147 Salem Road for a 2 year renewal of their Special Permit. Unanimous.
7:15 p.m. Leonard & Janine Candela, 87 Coachlight Circle - Special Permit Application for a Home Occupation: Medical Billing & Insurance Patient Advocate. Janine Candela appeared before the commission and stated that she wanted to use a portion of her home for an office. She stated that she will be a patient advocate for people who need help dealing with medical billing and insurance issues. Mrs. Candela stated that she will be the only employee, would not have any customers or service providers coming to her home and will not have any commercial vehicles. She further stated that she will not have a sign or any outdoor storage. Mrs. Candela asked the commission if she was allowed to change the business name and the Chairman stated that she should speak to Bill Donovan and he could add the new name to the Resolution. Chairman Hiscox reviewed the conditions of the Resolution of Approval with the applicant. Chairman Hiscox asked for comments from the public. With no comments, Motion by A. Havican, seconded by A. Delelle to close the public hearing. Unanimous. Motion by D. Pomeroy, seconded by A. Delelle to approve the Special Permit Resolution of Approval, as amended, for the Home Occupation Special Permit for Leonard & Janine Candela, 87 Coachlight Circle for an office for a Medical Billing & Insurance Patient Advocate business which 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.
7:20 p.m. Antonio Biello, 14 Lombard Drive - Application for a 1-lot re-subdivision - (continued from 10/15/08) Gary Giordano, Professional Engineer & Land Surveyor, LLC, 19 Terrell Farm Road, Bethlehem, CT appeared on behalf of the applicant and presented the commission with the abutting property owners mailing receipts, notification receipt from the Connecticut Department of Public Health and a letter from Chesprocott Health District. Chairman Hiscox read the letter from Chesprocott Health District into the record and stated that a condition of approval will be that the well on the property is properly abandoned as suggested by Chesprocott. Mr. Giordano provided the commission with proof of mailing to the Connecticut Water Company and stated that a full set of plans were sent, but that they had not received anything from them other than the notification receipt. D. Pomeroy asked the applicant if open space or a fee in lieu of open space would be given. Mr. Giordano stated that the land has already been appraised and a $17,500.00 fee would be paid in lieu of open space. G. Graveline asked Mr. Giordano if the proposed lot line revision will create any non-conformity of any of the lots. David Petroccia, Land Surveyor for the applicants, appeared and reviewed the map with the commissioners and stated that the lot line revision will not create any non-conforming lots or interfere with any required setbacks. Chairman Hiscox asked for any public comments. With no further comments, Motion by D. Pomeroy, seconded by A. Havican to close the public hearing on the application from Antonio Biello, 14 Lombard Drive for a 1-lot re-subdivision. Unanimous. Chairman Hiscox then asked Land Use Inspector Bill Donovan to prepare a draft Resolution of Approval for the commission to vote on which should include an item recognizing that the lot line revision will not create any non-conformity on any of the lots involved and that the well on the property is properly abandoned as suggested by Chesprocott.
7:30 p.m. Arlene Gedraitis, 90 Cook Road - Application for a 1-lot re-subdivision. (continued from 10/15/08) Nancy Levesque of NET Engineering, LLC appeared on behalf of the applicant and presented the commission with revised plans showing proposed open space. Ms. Levesque stated that proposed Lot 1 will now be 10-acres and Mrs. Gedraitis’ lot would be 2.59-acres. She further stated that the proposed open space consists of 1.48-acres along the southern portion of the property along the Ridgewood Club property and along the existing horse trails which would remain with the 10-acre parcel. Ms. Levesque further stated that the Regional Water Authority comments will be added onto the plot plan to ensure that they are respected. Chairman Hiscox stated concern that while the proposed open space does have the potential to link to future open space, it does not have the required public access. Chairman Hiscox asked the public for comments. G. Graveline questioned the 138 foot frontage of Lot 1. Ms. Levesque stated that she would have to speak to the surveyor but there is no reason that Lot 1 should not have 150 feet of frontage as there is more than enough frontage which could be taken from Lot 2. Chairman Hiscox asked Ms. Levesque to clarify the lot frontages for the next meeting. The Chairman further asked Ms. Levesque if the applicant has an agreement with the Land Trust for the open space and Ms. Levesque stated that as of this time they do not. The Chairman stated that if no one agrees to take charge of the open space a fee will have to be provided in lieu of the open space. The Chairman asked for public comment. J. Dyckman, President of the Prospect Land Trust stated that the Land Trust has held meetings on the property and are highly interested, but stated concern over the change in the configuration of the proposed open space. Mr. Dyckman stated that the Land Trust will need to take a vote on the piece. Chairman Hiscox stated that the public hearing will be staying open so the Land Trust will have more time and he also asked Bill Donovan to contact the Open Space Purchase Advisory Committee for an update on their interest on this piece. The Chairman stated that the approval will be subject to the applicant being in compliance with the recommendations from the South Central Regional Water Authority as outlined in their letter dated 11/3/08. The Chairman also asked Bill to add this as one of the conditions in the Resolution of Approval. Bill Donovan asked the applicant to provide a letter at the next meeting requesting an extension of time for the public hearing. The Chairman continued the public hearing to November 19, 2008 at 7:10 p.m.
Chairman Hiscox stated that before the next public hearing scheduled for 7:40 p.m. begins, one of the commissioners will be excusing himself from the board and therefore the commission would like to take care of any outstanding business while all the commissioners are still here. After commission discussion, Motion by D. Pomeroy, seconded by A. Havican to approve the Resolution of Approval, as amended, for O & G Industries, Inc., 147 Salem Road for a 2 year renewal of the Special Permit. Unanimous. 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.
Land Use Inspector’s Report: (continued)
Chairman Hiscox stated concern and asked Bill for clarification regarding the recent Zoning Board of Appeals decision to approve variances pertaining to a proposed rear lot at 133 Cook Road. Bill stated that the property owner had originally applied for a subdivision in the 1980s. He further stated that the Zoning Board of Appeals granted the owner the variances she needs in order to come before the Planning & Zoning Commission and apply for a re-subdivision or an extra rear lot. The Chairman asked Bill what hardship the Zoning Board of Appeals’ decision was based upon and to obtain a legal answer as to who has the granting authority for subdivisions and if the Planning & Zoning Commission has the right to appeal the Zoning Board of Appeals decision. After commission discussion, Motion by A. Havican, seconded by A. Delelle to file an Appeal of the recent Zoning Board of Appeals decision to approve variances pertaining to a proposed rear lot at 133 Cook Road. Unanimous.
Bill stated that he was contacted by Larry Farrell of Clover Development who is seeking a second reduction of the Woodmont Estates subdivision bond for the first phase based on the fact that he believes he will subsequently be able to seek additional reductions as the second phase goes forward. Chairman Hiscox stated that he does not believe that the project was bonded in phases, but that Mr. Farrell should formally come before the board with a list of what has been bonded and what has been completed. Bill informed the commissioners that the Toll Brothers’ Regency at Prospect project has been recognized by the Connecticut Home Builders Association for being the best project in Connecticut this year. He further stated that Regency at Prospect was named the year’s best overall development and best attached home and out of the 9 available affordable units, 6 have been bought by Prospect residents. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector’s report. Unanimous.
G. Ploski excused himself from the board.
7:40 p.m. G & G Trust, Et Al - Proposed 5-Lot Industrial Subdivision for 99 Union City Road (continued from 9/3/08) Chairman Hiscox read into record the correspondence received from Linda Ploski, Trustee for G & G Trust requesting an additional 30 day extension of the Public Hearing. The Chairman also read into record the correspondence received from Scott Poryanda, PE, Connecticut Consulting Engineers, LLC regarding his remaining concerns with respect to drainage and lot development. The Chairman stated that in accordance with Mr. Poryanda’s letter, Mr. Poryanda, Bill Donovan, the applicant’s engineer, and town staff will meet to discuss the outstanding engineering issues before the next Planning & Zoning meeting. Bill Donovan stated that one of Mr. Poryanda’s concerns is the steep grade of two of the lots. Bill further stated that Mr. Poryanda believes that if these two lots are approved, it will be very difficult for an owner to develop the lots and meet all of Planning & Zoning Requirements. Chairman Hiscox stated that he doesn’t want any agreements made at the meeting between the town’s consulting engineer and the applicant’s engineer as to how any of the lots can or cannot be developed. He further stated that all of the lots will have to come before Planning and Zoning for site plan approval. Sergio Viera, project engineer for R.J. Desrosiers and Associates appeared on behalf of the applicants. Mr. Viera stated that there is a clearly marked note on the map which will be recorded on the Land Records stating that any future owners will need to come back before the Planning & Zoning Commission for final site approval. Mr. Viera further stated that the applicants have not heard from the Land Trust or Open Space Purchase Advisory Committee. Mr. Viera proposed that if no one is interested in the open space the applicants are willing to set the proposed open space aside with a conservation easement and keep it on the Town’s tax roll. The Chairman stated that if the Land Trust and the Open Space Purchase Advisory Committee are not interested in taking the proposed open space, he feels it is in the best interest of the Town to take a fee to be put towards the purchase of future open space. Mr. Viera further stated that as an engineer, he feels that an access way from an industrial road will be a safety issue for the public. He further stated that there is room to put a parking area for 2 or 3 cars on Salem Road if the Town is interested in developing the open space in the future. D. Pomeroy stated concern over holding up the approval process on applications due to delays by the Open Space Purchase Advisory Committee and the Land Trust. The Chairman stated that if there is no resolution on the open space issue by the time the engineers come to an agreement, the public hearing will be closed and a fee in lieu of open space will be collected. The Chairman further stated that even if the public hearing is closed, it could be agreed upon by the commission to be flexible in giving the applicants enough time to get an appraisal on the property and then set a future date for the open space fee to be paid. G. Graveline questioned whether or not open space had to be transferred according to the regulations. Bill Donovan stated it did not. G. Graveline further stated that in his opinion “open space” is an area that is left alone that no one builds upon. He further suggested the possibility of tacking the proposed open space onto the back of proposed Lot 5 as the area can’t be built upon anyway. Chairman Hiscox stated that he does not think that would be in the best interest of the Town. With no further comment, the Chairman continued the public hearing to November 19, 2008 at 7:15 p.m.
Public Participation: None
The commission held general discussion on open space.
Adjournment: Motion by A. Havican, seconded by D. Pomeroy to adjourn at 8:50 p.m. Unanimous
Robert Hiscox