December 3, 2008
Chairman Hiscox called the meeting to order at 7:01 p.m. The meeting was not taped due to a technical malfunction.
Members Present: Robert Hiscox, Donald Pomeroy, Al Delelle
Alternates Present: Jack Crumb, G. Graveline, Ed Miller
Absent: Al Havican, Greg Ploski
Also Present: Bill Donovan, Land Use Inspector
G. Graveline was seated for G. Ploski. J. Crumb was seated for A. Havican.
Approval of Minutes: Motion by D. Pomeroy, seconded by A. Delelle to approve the November 19, 2008 minutes. Unanimous.
Correspondence:
1) Connecticut Federation of Planning & Zoning Agencies - Quarterly Newsletter.
2) Scott Poryanda, PE - letter dated 12/1/08 re: Cedar Hill Woods proposed Industrial Subdivision.
Chairman Hiscox noted for the record that the correspondence received from Scott Poryanda, PE will be added to the file for the proposed Cedar Hill Woods Industrial Subdivision.
Motion by A. Delelle, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: None
Old Business: None
New Business:
a. Paula Hakim, 47 Cheshire Road - Application for a 2-lot re-subdivision. George Frigo of Land-Data Engineers, 567 Watertown Avenue, Waterbury, CT appeared on behalf of the applicant. A letter from the applicant is in the file giving Mr. Frigo permission to act on her behalf. Mr. Frigo presented the Commission with a site plan for the 12.97-acre parcel on the corner of Cheshire Road and Trotters Way. Mr. Frigo stated that the plan proposes two front building lots each with 150 ft. of frontage on Cheshire Road and access via private driveways onto Trotters Way. Mr. Frigo stated that the plan also shows the proposed open space as Parcel B which is 2.8-acres or 22% of the total acreage. Mr. Frigo further stated that Parcel A shown on the plan is about 3.3-acres and while it will not be an approved building lot, the applicant will retain this parcel with the hope of some sort of future use. Mr. Frigo stated that this plan has already received Inland Wetlands’ approval and that the wells and septic systems have already been approved by Chesprocott Health District. Mr. Frigo provided the Commission with a list of abutting land owners and stated that he would be sending them proper notice of the public hearing. Motion by D. Pomeroy, seconded by G. Graveline to accept the application from Paula Hakim, 47 Cheshire Road for a 2-lot re-subdivision and set the public hearing for January 7, 2008 at 7:10 p.m. Unanimous.
b. Steve White - Devine Detail, 69 Waterbury Road. No action taken.
Public Hearings:
7:10 p.m. Arlene Gedraitis, 90 Cook Road - Application for a 1-lot re-subdivision. (continued from 10/15/08) Paul Reynolds, Land Surveyor with Stone Wall Boundaries, LLC and Attorney Robert Cohen appeared on behalf of the applicant. Attorney Cohen stated that he understood that the commission was undecided at the last meeting as to whether or not the proposed open space would be accepted or a fee in lieu of open space would be required. Chairman Hiscox stated that after their last meeting, the Planning & Zoning Commission contacted the Town Attorney for clarification on the open space issues presently before the Commission. The Chairman stated the Town Attorney confirmed his opinion that accepting open space was at the discretion of the Commission. Attorney Cohen stated that the applicant is offering to create a 20-ft. wide temporary easement which would allow public access to the open space. Attorney Cohen stated that the 20-ft. easement would run down the side of the Mrs. Gedraitis’ driveway and could become a permanent easement should the abutting Ridgewood property not be developed and therefore not offer a contiguous parcel of open space in the future. D. Pomeroy stated concern that the easement access would only be for pedestrian traffic and that the motoring public would need to park on the shoulder of Cook Road. Attorney Cohen stated that the regulations only call for foot access. P. Reynolds asked the Commission to consider the economic crisis that the country is in while making the decision to accept or reject the open space. J. Dyckman, President of the Prospect Land Trust presented the Commission with a letter dated November 23, 2008 and stated that the Land Trust is very interested in the open space, but they have some concern over the walking safety to the open space due to brush and the clearing that would need to be done to address the issue. Mr. Dyckman further stated that the open space in the College Farms and Royal Crest Subdivisions only have walking access and the motoring public park on the adjacent streets and walk to the open space. Chairman Hiscox asked for public comment. A. Stein, Cook Road stated that she is very familiar with this property and views it as very valuable as it is in the public water supply watershed and has a natural spring running down onto the property from the Ridgewood Club. Mrs. Stein further stated that while in some circumstances it is important to protect and preserve open space for passive recreation, not all open space needs public access and should just be protected for it’s natural resources. Lastly, Mrs. Stein suggested the possibility of the open space regulations being reviewed by the Planning & Zoning Commission in the future. With no further comments, Motion by D. Pomeroy, seconded by A. Delelle to close the public hearing. Unanimous.
7:15 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 the record the letter from Scott Poryanda, PE, acting as the Town’s consulting engineer, dated 12/1/08 which outlined his 5 additional comments re: Cedar Hill Woods proposed Industrial Subdivision. The Chairman also outlined and entered into the record the letter dated 12/2/08 from the Town’s Attorney, Carmody & Torrance, LLP, which confirmed his opinion that accepting open space was at the discretion of the Commission. The Chairman also reviewed and entered into the record a letter from John Dyckman, President of the Prospect Land Trust, dated 12/2/08 which included changes and conditions that must be met or agreed upon by the developer prior to a transfer of the proposed open space to the Land Trust. The Chairman also stated that this public hearing needed to be closed tonight as it had reached the maximum 100 day time limit for a public hearing to remain open. Roland Desrosiers, R.J. Desrosiers and Associates appeared on behalf of the applicants. Mr. Desrosiers stated that he had received Mr. Poryanda’s latest letter on Monday and submitted a revised plan to the Commission tonight addressing the remaining concerns. Mr. Desrosiers stated that what is clearly marked on the site plan, is that as each of the individual lots are sold, each lot will need to come before the Planning & Zoning Commission for individual site plan approval. He further stated that water/oil separators on each lot will be taken care of as each individual site is developed. Mr. Desrosiers further stated that he will work with town officials and a spread sheet program to determine the bond amount. Mr. Desrosiers also reported that he had received Mr. Dyckman’s letter prior to the meeting and at this time, the applicants are unable to meet the Land Trust’s conditions. Mr. Desrosiers stated that in order to protect the open space, the applicants are willing to place a conservation easement on the proposed 3.18-acres of open space and mentioned the possibility of being able to meet the Land Trust’s conditions in the future. Mr. Desrosiers also stated for the record that the proposed open space consists of 1.5-acres of useable dry land and 1.65-acres of wetlands and referenced the definition of “conservation restriction” in the Inland Wetlands Regulations and also noted this open space proposal satisfies all listed functions of “Open Space” as defined in the Subdivision Regulations. Chairman Hiscox asked Mr. Desrosiers which condition(s) could not be met. Mr. Desrosier stated that the request to move or smooth the boundary line would decrease the amount of land which could potentially be developed as the lots are sold. J. Dyckman, President of the Prospect Land Trust stated that the request to smooth the boundary line is so it is well defined and manageable for the Land Trust now and in the future. Mr. Dyckman further stated that the majority of the Land Trust members are in favor of taking the proposed open space as it has historical significance including a grist mill and mill dam and the Land Trust would like to erect a monument to identify this important artifact. Chairman Hiscox stated that if the Land Trust wants the open space that would be fine but if they do not, based on the letter from Carmody & Torrance, a fee in lieu of open space will be required. The Chairman asked for public comments. D. Reilly, 35 Tress Road representing his parents and neighbors on Clark Hill Road, asked the Commission that if the subdivision is approved can any excavation take place on any of the lots or do the owners need to wait until they have individual site approval on each lot. Chairman Hiscox stated that while stumping, grading, etc. for construction of the road is okay, no other work can be done on the individual lots until such time as an individual site plan is approved. Mr. Reilly stated that this may be a multi-year project, and in order to protect the neighbors, asked the Commission to implement a requirement that the applicants complete all of the landscaping and screening buffer requirements, including planting trees and shrubs, before they are allowed to begin individual lot development. Chairman Hiscox stated that was a valid point and asked Land Use Inspector Bill Donovan to add this requirement to the Draft Resolution of Approval. Mr. Desrosiers read Section 3.5.9 Landscaping, Screening and Buffer Area Requirements of the zoning regulations into the record. He stated that this section calls for any 10 ft. of the 100 ft. buffer zone be planted and in consideration for the neighbors, the developers will plant an additional 5 ft. for a total of 15 ft. width of plantings at the upper buffer zone adjacent to Cedar Hill Drive properties and then grade to a 2:1 slope. The Commission and Mr. Desrosiers held discussion on the percentages of evergreen trees and deciduous trees that are required to be planted. Mr. Reilly asked if the applicant had received site line approval from the DOT. Mr. Desrosiers stated that the plans had been submitted to DOT and that DOT has been out to the site checking pipe and drainage calculations and determined that the site distances for both tractor trailers and automobiles were more than adequate and met DOT guidelines. Mr. Desrosiers stated that the applicants are waiting for the DOT’s written approval. Mr. Desrosiers stated that the applicants understood that no site work on a lot is to be done unless and until an individual site plan is approved for each individual lot. He further stated that the neighbors may see John Gallagher clearing some area in order to bring in his temporary trailers which have already been approved by the Planning & Zoning Commission. The Chairman clarified for the record that if this subdivision application is granted, Mr. Gallagher is required to come back before this commission for approval of an individual site plan for his lot. Mr. Desrosier stated that he has already prepared Mr. Gallagher’s individual site plan and will submit it if and when the subdivision is approved. Chairman Hiscox asked Bill Donovan to be very clear and thorough when writing the draft Resolution of Approval to avoid confusion on both the neighbors’ and the developer’s part. Jim Blake, 2 Cedar Hill Drive asked about the grading for the road and how close it would be from his property line. The Chairman and Mr. Desrosiers reviewed the site plan with Mr. Blake and Mr. Desrosiers told Mr. Blake that the proposed industrial road would be approximately 210 feet away from his property line. Bill Donovan confirmed with Mr. Desrosiers, to avoid confusion, that parts of the individual lots will have some excavation work for road drainage and proper sloping to construct the road. The Chairman stated that if this industrial subdivision application is approved, and is done properly, it can be a win/win situation for the Town and the Taxpayers. The Chairman asked for any further comments before the public hearing was closed. With no further comments, Motion by J. Crumb, seconded by A. Delelle to close the public hearing on the application from G & G Trust, Et Al for a Proposed 5-Lot Industrial Subdivision for 99 Union City Road. Unanimous. The Chairman stated that now that the public hearing is closed, the Commission has 65 days to make a decision on the application.
Land Use Inspector’s Report: Bill Donovan reported to the commission that an ordinance fine was issued to Dunkin Donuts for their wrap-a-round sign. He also stated that Mr. DiLoreto had stopped in the Town Hall in response to the sign violation letter he received on 20 Union City Road. Mr. DiLoreto showed pictures ca.1950 out of the book “View from the Top” showing that a sign had been in that certain spot long before Zoning and therefore may be “grandfathered” by right. Bill also stated that he had sent an enforcement letter out on the metal ‘banner & signs” advertising sign to the owners of 136 Summit Road. Chairman Hiscox asked Bill to also follow up on that same sign on Plank Road. Bill further reported that Waterbury’s “Sunrise Development” has been approved and that he has asked Ryan McEvoy, PE of Milone & MacBroom to attend a future meeting to discuss the small portion of Prospect land that is inclusive of the development. Lastly, Bill reported that due to the economy, Toll Brothers’ sales have fallen behind their projection. Work will continue on Phase 3 but at a slower than anticipated rate.
Motion by D. Pomeroy, seconded by G. Graveline to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
After commission discussion, Motion by J. Crumb, seconded by G. Graveline to cancel the December 17, 2008 Planning & Zoning Meeting. Unanimous. Chairman Hiscox stated that the next Planning & Zoning Meeting will take place on January 7, 2009.
Ajournment: Motion by A. Delelle, seconded by G. Graveline to adjourn at 8:34 p.m. Unanimous.
Robert Hiscox