November 19, 2008
Chairman Hiscox called the meeting to order at 7:04 p.m. The meeting was taped.
Members Present: Robert Hiscox, Donald Pomeroy, Al Havican, Al Delelle
Alternates Present: Jack Crumb, G. Graveline, Ed Miller
Absent: Greg Ploski
Also Present: Bill Donovan, Land Use Inspector
G. Graveline was seated for G. Ploski.
Approval of Minutes: Motion by D. Pomeroy, seconded by A. Havican to approve the November 5, 2008 minutes. Unanimous.
Correspondence:
1) Department of Environmental Protection notice offering a workshop partnering for a “Green and Growing” Connecticut.
2) Council of Governments Central Naugatuck Valley - September 16, 2008 meeting Minutes.
3) Nancy Levesque, PE - letter dated 11/13/08 requesting a 35 day extension of time on the public hearing for Gedraitis Woods, 90 Cook Road.
4) FEMA - letter dated 11/14/08 re: Community Coordination Meetings for Flood Insurance Study.
5) Letter from Bill Donovan, Land Use Inspector dated 11/19/08 regarding Toll Brothers’ request for a reduction of their Letter of Credit on Phase Two.
6) Brochure from the Pomperaug River Watershed Coalition - The Pomperaug River Watershed: A Treasure In Our Midst.
7) A Manual for Assessing Hydrologic Value of Land Parcels based on Physical Attributes - December 2007.
Chairman Hiscox noted for the record that the correspondence received from Nancy Levesque, PE will be added to the file for the proposed 1-lot re-subdivision of 90 Cook Road.
Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous.
Under discussion the Commissioners discussed taking a motion to approve the Toll Brothers’ request for a reduction of their Letter of Credit on Phase Two in accordance with Land Use Inspector Bill Donovan’s letter dated 11/19/08. Motion by D. Pomeroy, seconded by A. Delelle to approve Toll Brothers’ request for a reduction of their Letter of Credit for Regency at Prospect - Phase Two, reducing the bond amount of $597,837.00 by $545,444.00 leaving a remaining Letter of Credit amount of $52,393.00. Unanimous.
Public Participation: None
New Business: None
Land Use Inspector’s Report:
Chairman Hiscox asked Land Use Inspector Bill Donovan to proceed with a fine on Dunkin Donuts as they have once again put up another wrap-around type sign. The Chairman also asked Bill to contact the Mobil station as they have put up a new wrap-around “cigarette” sign. Lastly, the Chairman asked Bill if the letter was sent out to the Citgo station for their additional signage. Bill stated that a letter had gone out to Citgo.
Public Hearings:
7:10 p.m. Arlene Gedraitis, 90 Cook Road - Application for a 1-lot re-subdivision. (continued from 10/15/08) Chairman Hiscox stated that Nancy Levesque’s letter dated 11/13/08 requesting a 35 day extension of time on the public hearing for Gedraitis Woods, 90 Cook Road has been added to the file. Nancy Levesque appeared on behalf of the applicant and provided a revised map showing that both proposed lots have the required frontage. Chairman Hiscox asked for comments from the public. T. Graveline, Town Council representative to the Prospect Open Space Purchase Advisory Committee stated that the POSPAC met earlier this evening and determined that the proposed open space does not adhere to their current requirements for open space and therefore voted not to accept the piece. Ms. Graveline further stated that the POSPAC does not have objection to the Prospect Land Trust taking the piece as there is potential in the future for connectivity with other parcels in the area. Chairman Hiscox stated concern over the configuration of the proposed open space and lack of public access to it which the regulations specifically call for. Ms. Levesque stated that she and the property’s surveyor have been discussing the possibility of giving a temporary easement across Mrs. Gedraitis’ driveway to whoever takes over the piece until such time as it becomes connected to future open space. D. Pomeroy stated concern as we do not know if it will ever be connected. J. Dyckman, Prospect Land Trust stated that the Land Trust just held a meeting and are very interested in the proposed open space on it’s merits for it’s protection of land and water quality. Mr. Dyckman further stated that the Land Trust realizes that it will have limited access to the piece and in order for Land Trust to accept the piece, it will need to be contingent that Land Trust be given temporary easement rights until such time as other types of connections to access the piece are available. Mr. Dyckman stated that the Land Trust will be seeking legal advice on how such a legal document could be written and that the Land Trust needs to get more people out to the property and should have all of this done before the next meeting. Land Use Inspector Bill Donovan stated that in fairness to the applicant, given that we do not as of today, have confirmation from the Land Trust that they will take the piece, suggested that the commission direct the applicant to obtain an appraisal of the property to determine the open space fee should the Land Trust pass on the piece. Nancy Levesque stated that she would need to discuss this with the applicant. The Chairman stated that the commission is uncertain if they can waive the public access aspect to the proposed open space and stated that acting in the best interest of the Town he is leaning toward taking a fee. He further stated that if the fee is decided upon, it could be collected over time and doesn’t have to be collected all at once. J. Dyckman, Prospect Land Trust stated that the Land Trust’s mission is different from the Town’s in that preservation of open space is for protection of land as well as passive recreation and education. He further stated although it needs to be determined if this piece meets certain criteria, it may be better if the piece is not accessed as protecting the piece may be a valuable resource to the Town through water quality protection. T. Graveline asked if the Planning & Zoning Commission agrees to let the Land Trust accept this piece does Planning & Zoning have to impose the access requirement. Chairman Hiscox read into the record the subdivision regulation section dealing with open space and stated that recognizing that while every parcel is unique and different, the commission needs to proceed with caution and be careful as to setting any type of precedence. With no further comments, the Chairman continued the public hearing until December 3, 2008 at 7:10 p.m.
7:15 p.m. G & G Trust, Et Al - Proposed 5-Lot Industrial Subdivision for 99 Union City Road (continued from 9/3/08) - Attorney Franklin Pilicy appeared on behalf of the applicants and stated that the applicants are opposed to paying a fee in lieu of open space. He stated that the applicants are local business owners that are subdividing this industrial land for purposes of operating their businesses there and cannot afford to pay the extra cost of a fee in lieu of open space. Attorney Pilicy stated that it is the position of the applicant that in accordance to Connecticut General Statutes Section 8-25 and the Town of Prospect Zoning Regulations the Planning & Zoning Commission is authorized to accept a fee in lieu of open space but does not have the power to mandate that the applicant pay a fee when open space is proposed by the sub-divider which meets the regulations. Chairman Hiscox asked Attorney Pilicy if the commission has to accept proposed open space if the commission feels that the proposed open space does not have safe public access. Attorney Pilicy responded by stating that the commission could require different public access or different open space. He further stated that the commission has the final say on where the open space will be but it makes no sense in an industrial subdivision to try to take the heart out of the lots which will be used for industry to put open space there. The Chairman quoted the regulations stating “the commission may impose a requirement of a fee in lieu of open space for any lot sold within 5 years of the approval of the subdivision”. Attorney Pilicy stated that as a practical matter he believes that the Commission and the Town should embrace an industrial subdivision. The Chairman stated for the record that he disagrees with Attorney Pilicy’s and the applicants’ interpretation with regard to the open space fee. Roland Desrosiers, R.J. Desrosiers and Associates stated that he just came from a meeting with the Land Trust. Mr. Desrosiers stated that while there are still a few details that need to be worked out, the Land Trust is willing to take the proposed open space. He further stated that he went out to the property and determined that there is enough room for a driveway, two to three parking spaces and enough room for a car to pull in and out safely onto Salem Road with good site distances in both directions. Chairman Hiscox stated that the Town does embrace the opportunity to have an industrial subdivision and increase the tax base, but it needs to be done correctly and the open space has to have safe public access. Chairman Hiscox asked Mr. Desrosiers to show exactly where the driveway, parking spaces, and access to the open space will be on the final plan. The Chairman stated that the commission is frustrated with holding up applicants over open space issues all the time. Mr. Desrosiers stated that he had a meeting with the town’s consulting engineer who was pretty happy with the revisions already submitted, but asked for some sort of a grading plan on lots 2 and 4 and maybe some of the other lots to put something on the record of what could possibly be built on the lots. He further stated that the town’s consulting engineer wants to address the drainage a little bit more. Chairman Hiscox stated that he would like to wrap up the public hearing and take a vote on this application at the December 3rd meeting. Mr. Desrosiers stated that he would get the updated plan over to the town’s consulting engineer who said he would look it over immediately so hopefully it will be done by the December 3rd meeting. The Chairman asked for comments from the public. John Kaufman, 84 Clark Hill Road stated that he is a member of the Open Space Committee and is concerned over the terrain of the western third of the property as drainage off the large lot is causing siltation of the brook below and suggested some type of berm be installed to retain the water longer. He also stated that the area is a wildlife corridor with a large ravine which is very rocky, steep, and narrow making it difficult for animals to use so they go across the top and asked that the setbacks are large enough for the animals to use safely without conflict with parking lots or development that is too close to this area. Mr. Kaufman then asked if the commission takes a fee in lieu of open space, can it be earmarked for a particular use. Chairman Hiscox stated that the fee needs to go into the Open Space Account as outlined in the Regulations. Mr. Kaufman asked if a conservation easement were to be placed on the property will it be for perpetuity. Bill Donovan stated that they generally are for perpetuity. J. Dyckman, Prospect Land Trust stated for the record that the Land Trust is interested in the open space. R. Desrosiers stated that if the property does go to the Land Trust he does not want to put a conservation easement on the property because that may tie the hands of the Land Trust. T. Graveline, Town Council representative to the Prospect Open Space Purchase Advisory Committee stated that the POSPAC met earlier this evening and discussed the open space parcel proposed. She stated that the POSPAC believes the property lacks safe public access and the steepness of the ravine does not promote safe use. She further stated that the property is presently a wildlife corridor and the members of the POSPAC believe that it should be kept as a conservation easement. She further stated that the POSPAC strongly encourages a placement of a conservation easement in perpetuity to include the wetland areas, the 100-foot wetland buffer area and an additional 50-foot width to preserve and protect this area as a wildlife corridor. Bill Donovan suggested that due to the fact that the public hearing has to close at the December 3rd meeting, that the applicants obtain an appraisal of the land to determine the open space fee in case the Land Trust determines that they are not interested in the open space proposed. Bill also stated that he questions Attorney Pilicy’s position on the Open Space matter. G. Graveline stated for the record that he likes the layout of the proposed open space as it intentionally blocks industrial land from residential land giving a bigger buffer between. With no further comments, the Chairman continued the hearing until December 3, 2008 at 7:15 p.m.
Old Business:
Antonio Biello, 14 Lombard Drive - Application for a 1-lot re-subdivision. The commissioners reviewed the draft Resolution of Approval. Motion by D. Pomeroy, seconded by A. Havican to approve the application and Resolution of Approval as presented for Antonio Biello, 14 Lombard Drive for a 1-lot re-subdivision. Unanimous.
Land Use Inspector’s Report (continued):
Bill stated that in accordance to the Chairman’s request at the last meeting, he went and spoke to the owner of the new business which opened up on the Juliani property. Bill stated that the sign has been taken down and he asked the owner to come in and file the proper paperwork for his business. Bill further stated that the owner stated that the business provides washing, waxing and detailing of cars. D. Pomeroy stated concern over waste water discharge. The Chairman asked Bill to have the new owner come to a P & Z meeting to answer questions the commission has. Chairman Hiscox noted that the Café 68 sandwich board sign is down and asked Bill to issue a Cease & Desist if it goes back up. The Chairman further asked Bill to address the business signs advertising banners and the “Captain Liquors” signs on Summit Road & Plank Road. Motion by A. Havican, seconded by D. Pomeroy to accept the Land Use Inspector’s report. Unanimous.
Public Participation: Dave Wartko, Brighton Road stated that while the Café 68 sign is down, a new Granite Shop sign is up. He also stated that the new business in the Juliani property on Waterbury Road has put up a banner. Bill Donovan stated that the banner is considered a wall sign and is less than 10% of the area of the front entrance wall and is therefore permitted.
Executive Session: The Chairman called for a vote to go into Executive Session to discuss pending litigation in the matter of Planning & Zoning Commission of The Town of Prospect, Et Al v. Zoning Board of Appeals of The Town of Prospect, Et Al. Motion by D. Pomeroy, seconded by A. Havican to go into Executive Session at 8:05 p.m. Unanimous. The Commission invited Land Use Inspector Bill Donovan into the Executive Session. Motion by A. Havican, seconded by A. Delelle to come out of Executive Session at 9:10 p.m. Unanimous.
Ajournment: Motion by A. Havican, seconded by D. Pomeroy to adjourn at 9:15 p.m. Unanimous.
Robert Hiscox