October 1, 2008
Chairman Hiscox called the meeting to order at 7:01 p.m. The meeting was taped.
Members Present: Robert Hiscox, Donald Pomeroy, Al Havican
Alternates Present: None
Absent: Al Delelle, Greg Ploski, Jack Crumb (Alt.), G. Graveline (Alt.), Ed Miller (Alt.)
Also Present: Bill Donovan, Land Use Inspector
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the September 17, 2008 minutes as amended. Unanimous.
Correspondence:
1) Lorraine DeNicola, Chesprocott Health District - letter dated 9/22/08 re: Paula Estates (2 lots)
Corner Cheshire Road/Trotter’s Way.
2) Salvatore Longo, Roald Haestad, Inc. - letter dated 9/22/08 on behalf of FEMA re: Digital
Flood Insurance Rate Map and Flood Insurance Study Report.
3) William Donovan, Land Use Inspector, Agent IWC - letter dated 9/30/08 re: Inland Wetlands
Report for 14 Lombard Drive.
4) Virginia Mason, Council of Governments - Central Naugatuck Valley - Memorandum dated
9/26/08 re: Role of the RPO in State Statutory Referrals.
5) W. David LeVasseur, State of Connecticut, Office of Policy and Management - letter dated
9/26/08 re: municipalities responsibility to adopt a Plan of Conservation and Development at
least once every ten years.
Motion by D. Pomeroy, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation:
Mark Guastaferri and Bob Scrip of Crosspointe Exotics, LLC, 50 Waterbury Road asked the commission for an Amendment to their Special Permit Resolution to operate a used car dealership which was approved at the last Planning & Zoning Commission meeting on 9-17-08. Mr. Guastaferri stated that the consultant they hired to help them obtain their DMV Dealer’s License told them that their Dealer’s License Application will be denied if the Resolution does not allow them to perform safety inspections & repairs on site as required by the Dealers and Repairers Division of the DMV. Mr. Scrip stated that for the most part, the cars that they will sell will be sold “as is”. Mr. Guastaferri further stated that the safety inspections & repairs would include inspection of brakes, exhaust, lights and the like. Mr. Scrip added that the applicants understand that fluid changes, detailing or painting of the vehicles would not be permitted on site. Chairman Hiscox stated that this amendment will just be a clarification for the DMV because the commission had already assumed such safety inspections and repairs were granted with the original permit. Motion by A. Havican, seconded by D. Pomeroy to amend the Special Permit Resolution which was approved on September 17, 2008 for Crosspointe Exotics, LLC, 50 Waterbury Road to permit safety inspections and repairs on site as required by the Dealers and Repairers Division of the DMV. Unanimous.
Public Hearings:
7:10 p.m. G. & G. Trust, Et Al - Proposed 5-Lot Industrial Subdivision for 99 Union City
Road (continued from 9/3/08) - Theresa Graveline, a member of the Prospect Open Space Purchase Advisory Committee (POSPAC), presented a letter advising the commission that the POSPAC had met to discuss the proposed open space but will need to hold additional meetings before they are able to make a decision. The Chairman stated that the POSPAC still has time to have additional meetings as the public hearing will not be closed tonight. Chairman Hiscox asked for any further public comment. Roland Desrosiers of R.J. Desrosiers and Associates appeared on behalf of the applicants and presented the commission with a letter dated 10-1-08 signed by the applicant, Linda M. Kelly, Trustee, requesting a 35 day extension of time allowing the Commission to take action on the application by November 12, 2008. Mr. Desrosiers stated that he had received the recommendations from the Town’s Consulting Engineer and is currently in the process of revising the plans in accordance with the engineer’s recommendations as well as the comments made at the prior public hearing. He further stated that he hoped to present the revised plans in time for the next Planning & Zoning meeting on 10-15-08. With no further comment, the commission accepted the letter from the applicants requesting the continuance and continued the public hearing to October 15, 2008 at 7:15 p.m.
7:30 p.m. Regulation Revisions (continued from 4/2/08) - No action taken.
Old Business:
- Industrial Storage, LLC - Special Permit Application to temporarily park 17 modular storage units on 99 Union City Road. John Gallagher appeared on behalf of the applicant. Chairman Hiscox stated that the public hearing on this application was closed at the last meeting and the commissioners have a proposed Resolution before them. Chairman Hiscox asked Mr. Gallagher if this application was just for the 17 modular storage units to which Mr. Gallagher replied yes. With no further discussion, Motion by D. Pomeroy, seconded by A. Havican to approve the “Special Permit Resolution of Approval” as presented for Industrial Storage, LLC, 103 Union City Road to temporarily park 17 modular storage units on property in an Industrial Zone on 99 Union City Road. In favor: Unanimous. The Chairman stated that in the Commission’s judgment, the subject business complies with the criteria set forth under Section 12.10 Special Findings of the Prospect Zoning Regulations. The Chairman further stated that the Resolution took into consideration the concerns which came up at the public hearing and the Resolution is available for the public’s review. The Chairman stated that to be clear, the commission is voting on the lot as it currently exists and only for the storage of 17 modular storage units on said lot. He further stated that it is understood by all that if the property is formally subdivided in the future, this permit would have to be redone in accordance with the new lots.
New Business:
a. Gregory Zupkus, BNE Energy, Inc. - Special Permit Application to install MET Tower (1- year). Mr. Zupkus appeared and presented the commission with a packet of information and pictures of the Meteorology Tower which he wishes to construct at the 78-acre parcel known as the Viscoskis property located at 178 New Haven Road. Mr. Zupkus stated that there is currently a monopole facility and a microwave tower on the abutting CL&P property at 18 Kluge Road and this proposed tower would be a little shorter than the cell tower and will be stabilized with guide wires. He further stated that this project is endorsed by the Connecticut Clean Energy Fund and the 60 meter (180 ft.) tower has small cones on the top of it which will spin and measure the speed and direction of the wind for a 12 – 18 month period and then be taken down. Mr. Zupkus stated that if the 12 – 18 month test is a success, then there is a possibility that he will come before the commission in the future for a possible wind farm on the property. Mr. Zupkus further stated that his company has a contract with the owners of the property and that the tower poses no health risk, doesn’t emit any noise, does not have lights and will be placed in the middle of a field 800 feet from the nearest house with the property abutting up to miles and miles of Connecticut Water Company property. Mr. Zupkus stated that the tower is about 15” in diameter and comes in 10 foot sections. Chairman Hiscox asked what color the tower would be and Mr. Zupkus replied that it will be aluminum. Bill Donovan asked Mr. Zupkus if in addition to the tower will there be any other equipment. Mr. Zupkus stated that there will be a small box next to the base of the tower and someone will come out every few weeks to check data and to make sure the box is running. D. Pomeroy asked how the site will be accessed and Mr. Zupkus replied that you would come up Kluge Road and there is a gate at the end to which he has a code to open. Chairman Hiscox stated that on a technical note the application states 1 year and the applicant is asking for a period of 12 – 18 months so the agreed upon change on the application will need to be made and initialed by Mr. Zupkus. The Chairman stated that based upon what the commission heard tonight, the simplicity and the location of the proposed tower, he does not believe that a public hearing is necessary and the application can be accepted as a site plan to 178 New Haven Road and asked Bill Donovan to assess Mr. Zupkus the appropriate fees for this site plan. With no further comment, Motion by D. Pomeroy, seconded by A. Havican to accept the Site Plan Application, as amended, from Gregory Zupkus, BNE Energy, Inc. to install a temporary Meteorology Tower not to exceed 18 months at 178 New Haven Road. Unanimous.
b. Industrial Storage, LLC - Special Permit Application to store cranes on Industrial land located at 99 Union City Road. John Gallagher appeared for the applicant and stated that he had moved all of the cranes off of 99 Union City Road as he had been asked to do by the commission at the last meeting. Mr. Gallagher also presented the commission with a Special Permit Application and a site plan showing the 150’ to 200’ area where he planned to store cranes and industrial equipment. In addition, Mr. Gallagher provided the commission with photographs of the cranes and industrial equipment to be stored on the property. The Chairman asked Bill Donovan if the commission was able to accept this application as a site plan revision, with the appropriate fee, for additional outdoor storage on the site where the commission had already approved outdoor storage without having to hold a public hearing. Bill stated that if the commission felt that the applications are very closely linked, then that would be okay. Chairman Hiscox stated that both applications are for outdoor storage on industrial land and the commission is familiar with the land and what the applicant is asking to do. The Chairman also stated that it is understood that if the proposed subdivision of the land is formally approved, then the applicant will have come back before the commission with another revision. D. Pomeroy stated that he agreed with the Chairman and believes that this is the appropriate way to handle the application as the applicant did as the commission asked by getting the property in compliance with the original application. The Chairman asked Bill to make the proper revisions and notations on the paperwork and have the applicant in to initial it. Motion by A. Havican, seconded by D. Pomeroy to accept and approve a Site Plan Revision submitted by Industrial Storage, LLC, 103 Union City Road to the Special Permit Resolution of Approval for additional outdoor storage of cranes and other related industrial equipment on property in an Industrial Zone on 99 Union City Road. Unanimous.
c. County Hill Estates, 80 Cook Road - Set Hearing to call bond. Bill Donovan explained that the letter of credit on this residential subdivision is nearing expiration and that the commission needs to set a hearing as a precautionary measure which will give the town the right to call the letter of credit in the event that the owner does not obtain his new letter of credit in a timely basis. Bill further stated that if the letter of credit were to expire a Cease & Desist would have to be issued and the owner would have to stop all work until such time as we receive a new letter of credit. Bill further stated that he believes that the new letter of credit will be in place by the time of the next meeting on 10-15-08 but as a precaution, a hearing needs to be set and added to the next Agenda. Motion by A. Havican, seconded by D. Pomeroy to set a hearing for October 15, 2008 at 7:30 p.m. on the status of the bond on the Country Hill Estates subdivision located at 80 Cook Road. Unanimous.
d. Arlene Gedraitis, 90 Cook Road - Application for Approval of a 1-lot re-subdivision. Nancy Levesque of NET Engineering, LLC presented the commission with a letter from the applicant giving her permission to act on her behalf. Ms. Levesque also presented the commission with an Application for Approval of a 1-lot re-subdivision along with a site plan of the proposed re-subdivision. Mr. Levesque stated that 90 Cook Road is a 14-acre piece of property adjacent to the Country Hill Estates at 80 Cook Road and that the applicant is looking to keep 3-acres with her existing house and then create an 11-acre lot for sale. Chairman Hiscox asked Bill Donovan if open space will be required and Bill stated that it would be required. The Chairman then stated that the applicant would have to either provide open space or a fee in lieu of open space and stated that this issue would be taken up at the time of a public hearing. A. Havican asked if the property was closer to Bethany than the Finno property. Bill stated that the right side of this property abuts to the left side of the Finno property. Chairman Hiscox asked if there were any questions for the applicant. Bill asked Ms. Levesque if there was any action within the wetlands on the property. Ms. Levesque stated that there is action within 50 feet of wetlands and that the applicant also has an application in front of the Inland Wetland Commission and a site walk has been scheduled for Monday, October 6, 2008 at 3:30 p.m. Bill further asked if the Regional Water Authority and the Department of Public Heath had been notified yet. Ms. Levesque stated that Chesprocott has been notified and believed that Chesprocott has sent the Planning & Zoning Commission a letter. Chairman Hiscox asked if the applicant has a list of the abutting property owners and Ms. Levesque stated she did and that she would also check to see if the Regional Water Authority has been contacted. Bill stated that he had called Michael Guaglianone at the Regional Water Authority and notified him of the wetlands site walk scheduled. With no further comments, Motion by D. Pomeroy, seconded by A. Havican to accept the application from Arlene Gedraitis, 90 Cook Road for a 1-lot re-subdivision and set the public hearing for October 15, 2008 at 7:40 p.m. Unanimous.
Land Use Inspector’s Report:
Bill Donovan stated that only five zoning permits had been issued in September and that this was the slowest period that he can recall for new construction. He further stated that the signs at Dunkin’ Donuts and Naugatuck Savings Bank are now down. Chairman Hiscox stated that he was asked about additional signage at 20 Union City Road and asked Bill to take a drive by and check on this. Bill also mentioned that he has spoken to the owner of 5 Melissa Lane about the fill that he has been brought onto the property. Bill stated that the owner told him that the fill was brought in to level out the property so a machine could be brought in to do soils testing. Chairman Hiscox asked if the owner had gotten a permit to bring in the fill and if it was more than 400 cubic yards brought in. Bill stated that they did not come in for a permit and that he does not think it is over 400 cubic yards. Bill also stated that he checked with the Assessor’s Office and they claim that there is no tax break being given on this property. Chairman Hiscox stated that if the owner goes on to develop this lot, the fill already brought in needs to go toward the total and asked Bill to make the owner aware of this and that he needs to apply for the proper permit. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector’s report. Unanimous.
Public Participation:
D. Wartko, Brighton Road stated that at the last meeting he brought up concern about a lot being designated as unbuildable for tax liability purposes. He further stated that he has since driven by the property and realized that he was speaking about a different property and apologized to the commission for this mistake.
Adjournment: Motion by A. Havican, seconded by D. Pomeroy to adjourn at 7:59 p.m. Unanimous.
Robert Hiscox