September 17, 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, Al Delelle
Alternates Present: Jack Crumb, G. Graveline
Absent: Greg Ploski, Ed Miller (Alt.)
Also Present: Bill Donovan, Land Use Inspector
G. Graveline was seated for G. Ploski.
Approval of Minutes: Motion by A. Havican seconded by A. Delelle to approve the September 3, 2008 minutes as amended. Unanimous.
Correspondence:
1) Conservation Commission of Beacon Falls - Summer/Fall 2008
2) Theresa C. Graveline letter dated 9/17/08 regarding the Open Space Purchase Advisory Committee’s possible interest in the open space proposed in the industrial subdivision application on 99 Union City Road.
Chairman Hiscox asked Land Use Inspector Bill Donovan to contact Theresa Graveline to offer an apology for not notifying the Open Space Committee and alert them to the fact that the land is available and if the Town would like acquire the land that would be fine.
Motion by D. Pomeroy, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation:
D. Reilly, 35 Tress Road asked the commission why the letter dated August 30, 2008 from seven Cedar Hill Drive residents regarding the proposed industrial subdivision application for 99 Union City Road was not in the minutes. Chairman Hiscox stated that the letter is on the meeting tape, was read during the public hearing and is in the file in the Land Use Inspector’s Office.
Old Business:
Crosspointe Exotics, LLC, 50 Waterbury Road - Special Permit Application for a used car dealership. Mark Guastaferri appeared on behalf of the applicant. Chairman Hiscox asked Mr. Guastaferri about the vehicle with the “for sale” sign on it which was parked in the front parking lot of 50 Waterbury Road. Mr. Guastaferri stated that he was doing a favor for a friend and asked if he would be allowed to have one car outside on the property from time to time. Chairman Hiscox stated that the permit was not written to allow vehicles to be parked outside for sale. The Chairman further stated that based on what was said at the public hearing, this would not be allowed under the special permit and stated that the applicants’ focus should be to run this business without anyone knowing that there are cars for sale on the property. He further asked Mr. Guastaferri if he would like to amend his application to include outside storage of vehicles for sale. D. Pomeroy stated that he believed that if Mr. Guastaferri were to amend this application, he would have to amend the site plan for 50 Waterbury Road. After commission discussion, Mr. Guastaferri said to leave the application as is. Chairman Hiscox asked if anyone had any further comments or questions. With no further discussion, Motion by D. Pomeroy, seconded by G. Graveline to approve the “Special Permit Resolution of Approval” as presented. In favor: Unanimous. The Chairman noted that item 5 on the approved “Special Permit Resolution of Approval” states “In granting the above Special Permit, the Planning & Zoning Commission of the Town of Prospect wishes to state upon the record 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”.
Public Hearings:
- 7:10 p.m. G. & G. Trust, Et Al - Proposed 5-Lot Industrial Subdivision for 99 Union City
Road (continued from 9/2/08) - Sergio Viera, project engineer for R.J. Desrosiers and Associates appeared on behalf of the applicants. Chairman Hiscox asked for comments from the public. Mayor Robert Chatfield, 25 Cornwall Avenue asked Mr. Viera to explain the gravel road proposed for the subdivision. Mr. Viera stated that after the last public hearing his company spoke with the applicants and upon receipt of the report from the Town’s Consulting Engineer, they would submit a revised site plan showing a completely paved road. The Mayor stated that any mayor or first selectman in any town would open an industrial park into their town with open arms but as it is presented now, he is opposed to it due to the lack of an asphalt road. The Mayor then pointed out that he is also the Fire Chief and that the applicants may be receiving a letter from the Fire Marshal requesting that the water main be upgraded to a 12” main based on the fire load that would be in the proposed buildings if the sprinklers are going off at the same time. He further stated that Gramar Avenue has a 12” main and Industrial Road has a 16” main and with the new water tank off of Putting Green Lane, we would have the proper volume and pressure if needed. The Mayor also stated concern as to where the storm water runoff will go and asked Mr. Viera which catch basin the water would enter. Mr. Viera stated that the water would go into the existing catch basin at Mr. Ploski’s property located at 103 Union City Road. Mayor Chatfield stated that said catch basin drains down to Gramar Avenue and the piping system on Gramar Avenue is already overwhelmed with water when we get large amounts of rain. Mayor Chatfield continued by stating that the Town received an Inland Wetland permit to put a larger 24” pipe, next to the original pipe, on Gramar Avenue across the road between Dependable Fuel and OGI. He further stated that he believes that more work needs to be done by the applicants to find out how much water will go under OGI’s property onto Gramar Avenue. The Mayor suggested that the applicants possibly go before the Inland Wetland Commission to see if they could send the water down the other side of Cedar Hill into the wetlands where they have a larger holding area and then have it go out into the stream near Salem Road. Chairman Hiscox asked Mr. Viera to bring the Mayor’s concerns back to Roland Desrosiers. Mr. Viera stated that on their plan every lot that is to be developed must come before the Planning & Zoning Commission for approval and each site plan would have its own water detention storage with zero increase runoff. Mayor Chatfield also asked the commission to consider making some sort of a note on the Resolution that particular attention be paid to the Cedar Hill Drive buffer zone in case the lots are not developed quickly due to the economy and possible changes of the Planning & Zoning Commission members, etc. The Mayor further cited problems with runoff in some of the other subdivisions in town and mentioned the possibility that the developers place a 2’ x 3’ seeded berm on each lot and run it down to a basin so the water doesn’t run down from lot to lot. The Mayor asked Mr. Viera if the applicants had DOT approval yet and Mr. Viera stated that the Town’s approval was needed before DOT will review the project. G. Graveline asked if the road will be public now that they are planning to have it all paved. Mr. Viera stated that they want to keep it private and they want to introduce a certain way of paving but are waiting for the report back from the Town Engineer. Chairman Hiscox stated that if the applicants plan to pave it different from what the regulations require, it will have to be better than what our regulations call for. He further stated that if it is a public road it needs to be built to the specifications of the regulations and if it is going to be private it still needs to be built to the specifications of the regulations. D. Reilly, 35 Tress Road on behalf of his parents and Cedar Hill Drive residents stated that they appreciate the comments made by Mayor Chatfield. He further asked if the residents could get a landscape architect’s print of what the buffer zone/berm would look like. Chairman Hiscox stated that all the commission is voting on now is the road and lot lines on the map to show where the lots are proposed. Mr. Reilly then stated concern over the amount of time the neighbors will have to watch the excavation. Chairman Hiscox stated that they do not have a permit to do any excavations yet and that the buffer zones and landscaping come in under the regulations when a site is developed. Mr. Reilly asked the commission for consideration on the timing of building a buffer zone so as to shield the residents from the noise. Mr. Reilly then asked Mr. Viera if an A-2 survey was ever done on this property as he noted during the site walk there weren’t that many pins marking the property. Mr. Viera stated that the site plan was based on an A-2 survey that was done in 1988. Mr. Reilly then asked the commission what the threshold was for Article 4 General Regulations which states “land subject to greater than normal flooding, poor drainage, steep slopes shall not be subdivided”. He further stated that Lot 4 has some tremendous grades. Chairman Hiscox asked Land Use Inspector Bill Donovan if there can be a buildable square on that lot given the slopes. Bill stated that the developers would have to meet the minimal buildable area which requires a minimum of 18,000 square feet placed somewhere on that property excluding wetlands and no more than 25% of the minimum 18,000 square feet minimal area can have slopes exceeding 25%. Bill further stated that if the developers can’t meet the requirements, then it is possible that said lot would need to stay undeveloped. Mr. Viera stated that they will show buildable areas when they revise the site plan. G. Baldowski, 10 Pine Meadow Lane stated that he was a member of the Open Space Purchase and Advisory Committee and that he wanted to let the commission know that the Open Space Purchase and Advisory Committee would get a report back to the commission by the next Planning & Zoning Meeting. Chairman Hiscox stated that the commission had received a letter from Theresa Graveline and again apologized for the Planning & Zoning Commission’s oversight and stated for this reason and others the hearing will be kept open. Chairman Hiscox asked for any further comments. With no response he continued the public hearing until October 1, 2008 at 7:10 p.m.
- 7:20 p.m. Industrial Storage, LLC, 99 Union City Road - Special Permit Application to temporarily park 17 modular storage units on property in an Industrial Zone (continued from 9/2/08) John Gallagher appeared on behalf of the applicant. Chairman Hiscox stated that the commission is looking at this application as a giant piece of industrial land which is not subdivided and the owner has the right to use it as an industrial piece of land and is now asking to use a portion of it to temporarily store 17 modular storage units and noted that if the land eventually gets subdivided, the applicant would then have to come back before this commission with a site plan for his particular lot. D. Reilly, 35 Tress Road representing his parents and residents of Cedar Hill Drive asked about the pictures that his father had presented to the commission at the last hearing which showed cranes and storage containers already on the property and stated that there weren’t any permits pulled for that storage. Mr. Reilly read into record a letter dated 4/16/08 written to the Planning & Zoning Commission which stated that the neighbors and residents of Cedar Hill Drive had concerns over site work and business activity going on at 99 Union City Road. The letter further read that there were trailers, large trucks, etc. on the property and that trees had been cut down and land cleared to accommodate the business equipment of High Line Crane Company and asked the commission to visit the site for inspection. Chairman Hiscox stated that in response to that letter both he and Bill Donovan went out and walked the property and that a permit was issued administratively by Bill for the parking of the cranes. Mr. Donovan stated that the permit was actually granted for 103 Union City Road as Mr. Ploski originally came in and was going to make a boundary line adjustment extending 103 Union City Road back 200 feet which would include the location that the equipment was being stored but added that he was unsure if the boundary line change ever occurred. Chairman Hiscox stated that he did not believe that a boundary line change ever occurred and asked if the storage containers which were shown in the pictures are still there. Bill stated that they are now gone. Chairman Hiscox stated that administratively the cranes were approved but the rest of the drums, materials, etc. were taken off the property and generally the property was substantially cleaned up in response to the letter. Chairman Hiscox then asked the applicant what was in the containers. Mr. Gallagher stated that the containers held raking equipment, straps, shackles, ladders but no chemicals. The Chairman then asked Bill Donovan to go out to the property and meet with the property owner to straighten out where the cranes are going to be parked so the commission may take action on the application in front of them which is to store the 17 modular storage units on 99 Union City Road. The Chairman further stated that if the owner of 103 Union City Road wishes to have additional outdoor storage beyond the administratively approved parking of the cranes then the owner needs to apply for a special permit just as Mr. Gallagher had to do on 99 Union City Road. Bill Donovan stated that Mr. Gallagher came in to his office and told him that his ultimate goal is to keep everything on 99 Union City Road and to hopefully help resolve these issues, Mr. Gallagher had prepared an amendment to his existing application for a special permit which would allow for the storage of cranes and additional storage containers on 99 Union City Road. The Chairman stated that Mr. Gallagher does have the right to amend his application but in fairness to the public, the hearings have been held only for the 17 modular storage units and that a process needs to be followed and if Mr. Gallagher wants to go forward with this amendment to his application, the public hearing will remain open so as to give the public time to get their information together with regard to cranes and storage containers. A. Havican suggested that in order to clarify and resolve the situation, Mr. Gallagher should move his cranes back onto 103 Union City Road where they are administratively approved to be and the commission can vote on the application for the 17 modular storage units on 99 Union City Road only. D. Pomeroy stated that the applicant has every right to file an amendment to his application but the public hearing would have to remain open. Mr. Gallagher stated that he wanted to withdraw the amendment and will file a separate application at a later date. D. Reilly, 35 Tress Road asked the commission if this would be considered a rear lot to which the Chairman responded no, it is one big lot with frontage on Route 68. He further went on to say that if it is subdivided in the future, it would not be a rear lot because it would then have frontage on the new proposed road. Mr. Reilly also stated concern in that he believed that the placement of the 17 modular storage units would cause the length of the driveway to be over the 500 feet length allowed. Bill Donovan stated that the land is not a subdivision just one big lot. J. Blake, Cedar Hill Drive asked the commission if it made any difference what was kept in the modular storage units and if anyone is going to police the units. Chairman Hiscox stated that if the commission suspected something illegal was going on Bill Donovan would be sent out to inspect the units. D. Pomeroy stated that the commission does not have the right to go on anyone’s property and we have the judicial system to take care of something like that. B. Reilly, Cedar Hill Drive asked if it was reasonable to put a time limit on the temporary storage and if the building inspector looks at the units. The Chairman stated that the building inspector did not have to inspect the units until such time as they become a building - right now they are just storage units. Chairman Hiscox asked the applicant how long he was planning to temporarily store the units and the applicant responded 6 months to a year and the Chairman stated that he would be given the outside time limit and if the units are there for more than one year he will need to come back in and re-apply. The Chairman asked for any further comments. With no further comment, Motion by A. Havican, seconded by G. Graveline to close the public hearing regarding the application to temporarily store 17 modular storage units on 99 Union City Road. Unanimous. Chairman Hiscox asked Bill to prepare a Resolution with the appropriate conditions including the one year time limitation and that he follow up with the crane issue and discuss with the property owners the need to do something for a permit for the metal bins that are there.
Chairman Hiscox read into record the “Notice of Public Hearing” for the public hearing on the proposed Regulation Revisions as it appeared in the Republican American on September 5th and September 8th, 2008.
7:30 p.m. Regulation Revisions (continued from 4/2/08) The Chairman opened the public hearing and read into the record correspondence received from Planning & Zoning Commission Member Greg Ploski on 9/17/08 requesting that the commission does not hold discussion on any of the proposed regulation changes until his personal application pending in front of this commission is disposed of and he is back seated on the commission as he would like to be involved in any discussions and changes to be voted on. The Chairman stated that he feels that Mr. Ploski could have been seated at tonight’s meeting and would have only had to been absent from the table during the discussions on his particular property. After commission discussion, Bill Donovan submitted his proposed amendments for Section 5.2.2.2 and Commercial Greenhouses in a Residential Zone for the commissioners’ review. Chairman Hiscox asked for public comments. With no public comment, the Chairman continued the hearing until October 1, 2008 at 7:30 p.m. and asked that Bill contact Mr. Ploski to let him know that he is allowed to be seated during the meetings but will just need to excuse himself during the portion of the meeting involving his property.
New Business:
- Antonio Biello, 14 Lombard Drive - Application for Approval of a 1-lot re-subdivision. Gary Giordano, Professional Engineer & Land Surveyor, LLC, 19 Terrell Farm Road, Bethlehem, CT appeared on behalf of the applicant. Mr. Giordano submitted an Application for Approval of a 1 lot re-subdivision of 14 Lombard Drive to be known as “Biello Estates. Mr. Giordano also presented a proposed site plan along with the application fee. Mr. Giordano stated the property comprised of 3.411 acres and the proposal is for a front and rear lot. Mr. Giordano stated that both lots meet current zoning regulations and an appraisal has been done on the property and will be provided to the commission. Mr. Giordano further stated that he is making an application with Chesprocott Health District and hoped to have Chesprocott approval by the public hearing. He further stated that his client wished to pay a fee in lieu of providing open space according to the subdivision regulations. Chairman Hiscox requested a letter from Mr. Biello giving Mr. Giordano permission to act on his behalf. Mr. Biello was in attendance and stated that Mr. Giordano has his permission and that he would provide a letter stating the same. Chairman Hiscox asked the commission for comments. With no further comment, Motion by D. Pomeroy, seconded by G. Graveline to accept an application from Antonio Biello, 14 Lombard Drive for a 1-lot re-subdivision and set the public hearing for October 15, 2008 at 7:10 p.m. Unanimous.
- Ryan McEvoy, Milone & MacBroom - Waterbury’s Sunrise Development - Information Discussion. Ryan McEvoy, P.E. stated that he is the project engineer on the proposed Sunrise Development project which is a clustered development to be located on the Prospect-Waterbury town line on the northern side of Prospect Road (Route 69) between Bateswood Road and Greenwood Drive. Mr. McEvoy stated that the project is currently in front of the Waterbury City Planning Commission and the Waterbury Inland Wetland Commission. Mr. McEvoy showed an aerial photograph of the proposed project and stated that the site will have access through Prospect from Route 69 and that is why they are here tonight. He stated that the project would have frontage on Greenwood Drive in Prospect. He explained to the commission some features of the site including wetlands which he stated all drain away from Prospect to the north towards Waterbury. G. Graveline asked Mr. McEvoy to explain to the Prospect residents what a clustered development is as Prospect only has subdivisions and lots. Mr. McEvoy stated that a clustered development is a community much like a condominium complex where each unit will be individually owned by the homeowners and will be part of an association who will own the land and take care of the roads, water bills, sewer bills, etc. He further stated that the development has 72 single family units all located in Waterbury adjacent to the Pond Place medical center. Mr. McEvoy stated that the proposed road to the clustered development will also have direct access to the Pond Place medical facility. Mr. McEvoy further stated that the access through Greenwood Drive would be gated and would be used for emergency access only and will be compatible for Town of Prospect emergency vehicles. Tom Harned, a transportation planner for Milone & MacBroom, appeared and spoke about the traffic study that was done for this development. He stated that they took traffic counts at two locations in Prospect - Murphy Road and at the existing driveway of the Pond Place medical center. Mr. Harned stated that the test indicated about the same as what the State already had on record which was about 10,300 vehicles pass by the site per day. Mr. Harned also noted that there were 16 accidents recorded between Greenwood Drive and Bateswood Road - the latest three appearing on record which was provided to Milone & MacBroom by the Connecticut Department of Transportation. Mr. Harned stated that the development would be served by a 55’wide driveway, the entrance lane being 20’ wide with two 12’ exit lanes one for each turning direction with approximately a 10’ wide landscaped area. Mr. Harned went on to say they looked at the site lines of the driveway and calculated what was recommended based on the 85th percentile which comes from the Department of Transportation standards. He stated looking left the DOT recommended a site distance of 533’ and 505’ on the right. He further stated they increased the traffic at the driveway of the medical center by 20% as it is 80% occupied right now. Mr. Harned stated they generated site traffic for the development based on industry standard data from the Institute of Transportation Engineers and based on this they estimated about 60 trips during the morning peak hour and 80 trips during the afternoon peak hour. These are a combination of trips in and out. He further stated that they analyzed before and after conditions and these trips had no material effect on the roadways. Mr. Harned then noted that the proposed parcel and the Pond Place medical center were originally certified as one parcel by the State Traffic Commission so if this does get local approval it will then have to go before the State and the State will then review all the traffic information as well. A. Delelle asked if the development was going to be age restricted. Mr. McEvoy stated that while it will not be age restricted, it will be age targeted with all the units having master bedrooms on the first floor to encourage an older crowd. Mr. McEvoy stated that they are now in discussions with the City of Waterbury regarding school buses. Mr. McEvoy stated that they have provided a turn-around just into the site on the Waterbury line which is large enough to accommodate school buses if the Waterbury School System feels it is not appropriate to come all the way into a private development. Chairman Hiscox asked what Prospect’s commitment would be as to their small parcel of land near Route 69 - street light, pipes under the road - how does the Town get billed or taxed. Mr. McEvoy stated that there are no storm drains or utility lines and there will only be one street light located in Prospect. He further stated that there has been discussion between Jim Sequin the Waterbury City Planner, Mayor Chatfield and Bill Donovan. He further stated that because Greenwood Drive just stops they have revised the site plan to include a hammerhead turn-around at the end of Greenwood Drive into the City of Waterbury. He further stated that they would grant access easements to the Town of Prospect for snow plows and things of that nature so they don’t have to turn around in someone’s driveway. Mr. McEvoy further stated that Pond Place is on the Connecticut Water supply. The proposed development will use City of Waterbury sewers. Bill Donovan asked Mr. McEvoy if he knew where the sewer connection from Pond Place medical center goes through the Sunrise property. Mr. McEvoy stated that the sewer comes out of Pond Place and runs all the way through the parcel via easement granted to Pond Place. Sunrise will be using that same line. D. Wartko, Brighton Road stated he is a member of the WPCA and has concerns with the meter location for Pond Place. Mr. McEvoy stated the Sunrise Development will connect into the same sanitary sewer line that Pond Place utilizes below the meter for Pond Place. G. Graveline asked how close the proposed road coming out onto Route 69 is to the intersection of Murphy Road and D. Pomeroy asked if this proposed road is where the driveway exists now and was that cut through by the original developer. Mr. McEvoy stated that it is the same as the existing driveway and it is about 250’ to 300’ feet from Murphy Road. D. Pomeroy asked if they had received DOT approval and Mr. McEvoy stated that they needed Town approval first. Bill Donovan asked the commission if the development will need any formal application from them for the portion of the driveway coming out onto Prospect. After commission discussion, it was decided that they do not need a formal application but a revised site plan for Pond Place would be necessary to show the road and details so our records are clear. J. Crumb asked if there is any other land around the proposed development which could be developed in the future or is this going to be locked off with no other entrances. Mr. McEvoy stated that it will be locked off with no other entrances and that it will be a private road. Bill Donovan asked if the private road is going to have direct access to Pond Place medical center. Mr. McEvoy stated that under existing conditions they have access along the sewer line, through the existing gravel driveway. G. Graveline asked if the State will require anything from Prospect because the entrance and exit from Prospect and stated that he believed it was a good idea to get an updated site map showing the access from Pond Place to the development and the new revision to the access driveway on the Prospect side. Chairman Hiscox asked if the residents of Greenwood Drive are notified of the public hearings and Mr. McEvoy stated that Milone & MacBroom provided the City of Waterbury with all of the abutting property owners but is unsure if the Greenwood Drive residents are notified. Chairman Hiscox thanked Mr. McEvoy and Mr. Harned for their time and asked them to keep us updated on the project.
- Steven & Pamela Sturges, 7 Merriman Lane - Renewal Application for a Home Occupation Special Permit for a lawn Care Business. Mr. Sturges appeared in front of the commission. Chairman Hiscox stated that some concerns needed to be addressed with regard to the trucks and general condition of the property and asked Mr. Sturges what he planned to do to prevent future neighbor complaints. Mr. Sturges stated that he has built a 6’ high stockade fence which is all around the property and all the trucks and equipment will be behind the fence where no one can see them. Chairman Hiscox asked Mr. Sturges if he only had the one Dodge truck and trailer that is part of the business. Mr. Sturges stated yes the business only uses the one truck. The Chairman further asked the applicant if he had expanded his business and how many employees he has. The applicant stated that it is just him, his son who lives on the property, and one other person who is parking a vehicle at the property when he comes to work. Chairman Hiscox then asked Bill Donovan if he had gone out and inspected the property and gone over all of the concerns. Bill stated that he had gone out and walked the property with Mr. Sturges and they went over all of the vehicles on the property and all but one of the vehicles were registered. He further stated that the one unregistered vehicle is in the process of being restored. Bill also stated that there are piles of cord wood but they are allowed if being used by the property owner and not being sold. Bill further stated that the applicant had a lot of plastic child toys and several barbeques on the property. Mr. Sturges stated he had two gas grills and a smoker. Bill stated that there are also snow plows and a sander which are behind the fence and that the two snow plows were part of the original application and the sander is one that goes on the back of a truck which is used to spread sand on the road. Chairman Hiscox asked Bill if the applicant has more equipment than we normally have for a home occupation permit. Bill stated that he does not. The Chairman then informed the applicant that the Planning & Zoning Commission had received complaints and the commission has concerns and therefore the applicant has to be more diligent. The Chairman then stated if this renewal permit is granted and then the complaints continue, the commission would probably be of a mind to revoke the permit and the applicant would no longer be able to conduct the business on the property. The Chairman further stated that it is not the commission’s desire to revoke the permit, but in fairness to the public it will be revoked if the complaints continue. D. Pomeroy asked if he the cord wood on his property will be sold and Mr. Sturges stated that it is for his own use only. Chairman Hiscox stated that the main complaints from the neighbors were about the number of vehicles and the equipment so the fewer vehicles and the neater the applicant can keep the property the better so the commission does not receive further complaints. A. Havican stated that home occupations are suppose to run so the neighbors are unaware that you have them and the closer you can get to achieving that the better. Chairman Hiscox asked Bill Donovan to continue to work with the applicant in order to keep the property up to standards. Lastly the Chairman stated that the permit will be renewed for another 5 years but that the applicant can be called back in at any time to come before the commission if there are complaints. Motion by A. Delelle, seconded by D. Pomeroy to approve the Renewal Application for a Home Occupation Special Permit submitted by Steven & Pamela Sturges for a lawn care business. Unanimous.
Land Use Inspector’s Report:
Bill Donovan reported to the commission that he had been approached by Greg Zupkus who is the President and CEO of BNE Energy who is looking to construct a 180 ft. tall metal pole to test wind speeds on the Visockis property which is off Kluge Road where our two existing telecommunication towers are. Bill stated that the property abuts up to the Connecticut Water Company Watershed and is a very good location. Bill further stated that the pole is no larger than 2’ wide and comes in 10’ sections with small propellers that spin and record the velocity of the wind sustained for a 1 year period. Bill stated that there will also be guide wires securing the pole. The pole will be placed where it would not fall over into an abutting property. Bill went on to say that the cellular towers that are on the property now are approximately 155’. Bill stated that the reason Mr. Zupkus is doing this is to test to see if there is enough sustainable wind for a wind generated turbine farm at the location. Bill stated that the project is supported in part by the Connecticut Clean Energy Fund and that if the one year test is successful, the plan is for the farm to produce in excess of 5,000 megawatts of energy daily which is then put into the grid itself to reduce the cost of fuel to create energy. Bill further stated that while Prospect residents will not receive a reduced energy rate, the Town would benefit from the property tax revenues that the farm will generate and that Mr. Zupkus stated that the farm would be the largest taxpayer in Town. Bill further stated that if and when the wind energy farm goes forward it will need Connecticut Siting Council Approval but the Planning & Zoning Commission and the Town of Prospect could provide a list of comments and concerns to be considered by the Siting Council. D. Pomeroy asked that even though it is private property, what exactly is the free fall zone for a 180’ tower and how do we protect the public with the guide wires being out in the open. Bill stated that that would be a good question for Mr. Zupkus. Chairman Hiscox stated that he thought the commission should have Mr. Zupkus apply for a temporary special permit to do a special project on the site. Bill stated that O & G on Salem Road is coming up again for a renewal of their 2 year special permit. Bill stated that they haven’t really done anything on the site in a long while other than to bring in some stone and stated that O & G paid $555.00 for their last renewal fee and asked the commission what fee they would want to charge for this renewal. Chairman Hiscox stated that Bill should be consistent with the renewal fee and keep it at $555.00. Bill then told the commission that a Cease & Desist had been sent out to Dunkin’ Donuts for their prohibited added sign. Bill stated that Tammy the Land Use Clerk had recently sent out letters to several business properties along Rt. 68 near Hydelor Avenue as it was getting very busy with additional signage and that in response to the letters some businesses had already taken down their signs and that their office will continue working on signage. Bill further indicated that 46 letters had gone out to residents with expired home occupation permits and that his office will provide the commission with an updated list of current home occupation permits in the near future. Bill stated that he had sent Richard LaChance a Cease & Desist and Mr. LaChance contacted him today and is going to apply for a primary structure height variance with the Zoning Board of Appeals. J. Crumb asked if there were any Town regulations regarding blighted yards. Chairman Hiscox stated that a request has been made to the Town Council that they implement/develop a blight ordinance. The commission had some discussion on what constitutes blight. Tom Galvin, President of the Town Council stated that the Town Council is currently holding meetings about creating a blight ordinance. Motion by D. Pomeroy, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation:
D. Wartko, Brighton Road stated that he is a member of the Board of Assessment Appeals and at their last set of hearings his Board gave 55 Blue Trail Drive (owned by Santoro on the corner of Melissa Lane) a 3-acre parcel of property the designation as unbuildable for tax liability purposes. He further stated that he drove by this property the other day and noticed that there was a bulldozer there and approximately 600 cubic yards of fill has been brought onto the property. Chairman Hiscox stated that if the lot becomes buildable in the future the Board of Assessment Appeals will need to put it back on the books and asked Bill Donovan to follow up on this. Mr. Wartko further stated concern over the “KaChing” sign at the Naugatuck Savings Bank. Lastly Mr. Wartko stated concern about commercial vehicles being parked on the weekends at the Caporaso property located at the corner of Straitsville Road and Porter Hill Road. Bill Donovan stated that he sent a letter to the property owner last week reminding him what is in his Resolution of Approval and if the parking of the commercial vehicles continues it will lead to an enforcement action which may result in the suspension of his special permit. Chairman Hiscox stated that the commission had been very clear with the property owners - that there were complaints beforehand - and Bill needs to notify the property owner that if the complaints do not stop now the permit will need to come before the commission again.
Adjournment: Motion by A. Havican, seconded by A. Delelle to adjourn at 9:20 p.m. Unanimous
Robert Hiscox