January 21, 2009
Chairman Hiscox called the meeting to order at 7:01 p.m. The meeting was taped.
Members Present: Robert Hiscox, Donald Pomeroy, Al Delelle, Al Havican
Alternates Present: Jack Crumb, G. Graveline
Absent: Greg Ploski, Ed Miller
Also Present: Bill Donovan, Land Use Inspector
G. Graveline was seated for G. Ploski.
Approval of Minutes:
Motion by A. Havican, seconded by D. Pomeroy to approve the December 3, 2008 minutes. Unanimous.
Motion by D. Pomeroy, seconded by G. Graveline to approve the November 25, 2008 and December 3, 2008 Special Meeting Minutes. Unanimous.
Correspondence:
1) Council of Governments Central Naugatuck Valley - Preparing for the Next State Plan of
Conservation and Development
2) Joel Meisel, Vice President Prospect Land Trust - 1/2/09 letter to Land Use Inspector Bill Donovan re: Cedar Hill Woods Industrial Subdivision at 99 Union City Road
3) Letter from Bill Donovan, Land Use Inspector dated 1/21/09 regarding Mark Capanna‘s request for a second bond reduction on his Summit Heights Subdivision.
4) Connecticut Bar Association Education & Training - Planning & Zoning at Wesleyan University on March 28, 2009.
5) State of Connecticut, Department of Transportation letter dated 12/15/08 re: Industrial Subdivision on Rt. 68 (99 Union City Road).
6) State of Connecticut, Department of Transportation letter dated 10/22/08 re: Industrial Subdivision on Rt. 68 (99 Union City Road).
7) American Planning Association - Zoning Practice subscription brochure.
8) Gary Baldowski, Recording Secretary of the Prospect Open Space Purchase Advisory Committee - 1/5/09 letter re: Paula Estates, 47 Cheshire Road .
Chairman Hiscox noted for the record that the correspondence received from Joel Meisel, Vice President of the Prospect Land Trust will be added to the file for the proposed industrial subdivision at 99 Union City Road.
Chairman Hiscox noted for the record that the two letters dated 10/22/08 and 12/15/08 from the State of Connecticut, Department of Transportation 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 Gary Baldowski will be added to the Paula Estates file for the proposed 2-lot re-subdivision of 47 Cheshire Road.
Motion by D. Pomeroy, seconded by A. Delelle to accept the correspondence. Unanimous.
Under discussion the Commissioners considered taking a motion to approve Mark Capanna’s request for a second bond reduction on his Summit Heights Subdivision in accordance with Land Use Inspector Bill Donovan’s letter dated 1/21/09. Motion by G. Graveline, seconded by A. Delelle to approve Mark Capanna’s request for a second bond reduction on his Summit Heights Subdivision, reducing the bond amount of $160,000.00 by $129,000.00 leaving a remaining bond amount of $31,000.00. Unanimous.
Public Participation: Joel Meisel, Vice President of the Prospect Land Trust read his letter dated 1/2/09 regarding 99 Union City Road into the record. Mr. Meisel stated that the Prospect Land Trust, after having spoken to Linda Ploski, Trustee for G & G Trust and Roland Desrosiers, is satisfied and will accept the Open Space.
Public Hearings:
Chairman Hiscox read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on January 9th and January 16th, 2009.
7:10 p.m. Paula Hakim, 47 Cheshire Road - Application for a 2-lot re-subdivision. George Frigo and Paul Bunevich of Land-Data Engineers, 567 Watertown Avenue, Waterbury, CT appeared on behalf of the applicant. Mr. Bunevich presented the commission with the abutting property owners mailing receipts. 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. Bunevich 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. Bunevich 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. Bunevich further stated that Parcel A shown on the plan is about 3.3-acres and while it is not an approved building lot, the applicant will retain this parcel. Mr. Bunevich stated that this plan has already received Inland Wetlands approval, comments from the Regional Water Authority. He further noted that the wells and septic systems have already been approved by Chesprocott Health District. G. Graveline asked Mr. Bunevich for clarification on how many lots and/or parcels there will be if this application is approved. Mr. Bunevich stated that there would be 4 lots/parcels if subdivided as proposed: 2 building lots, the proposed open space parcel (Parcel B) and the parcel of land which the applicant was planning to keep (Parcel A). Mr. Frigo and Mr. Bunevich reviewed the location of each of the 4 lots/parcels with the commission and the public. Chairman Hiscox asked the public for any comments. K. Tuccillo, 26 Trotters Way stated concern over the fact that she owns 5-acres on Trotters Way and has horses and a horse track and does not want to encounter future problems over this. Chairman Hiscox read into record the letter dated 1/5/09 from Gary Baldowski, Recording Secretary of the Prospect Open Space Purchase Advisory Committee and gave the applicant a copy of said letter. After review of the letter and discussion with the commission, the applicant stated that in addition to Parcel B, he would also offer Parcel A as open space as long as it wouldn’t be developed in the future. The Chairman stated that once a parcel is designated as open space it will be kept in its natural state for perpetuity. The Chairman further stated that the only development on open space would be something along the lines of a walking trail. The applicant asked the commission why the driveways of the two proposed building lots cannot be paved. The Chairman stated that this is not a Planning & Zoning Commission issue but rather a condition of the applicant’s Inland Wetland permit. Land Use Inspector Bill Donovan stated that since the two proposed driveways are so close to the wetlands, this condition was put in place to reduce the amount of surface pollution runoff and have the runoff naturally percolate into the wetlands. Mr. Donovan further stated that very nice driveways can still be created with pavers or something similar but just not with asphalt paving. D. Pomeroy stated that while he believes the applicant’s offer to give both Parcels A & B as open space is very generous, he asked that the public hearing remain open until we have confirmation from the Prospect Open Space Purchase Advisory Committee that they will take both parcels. With no further comments, Chairman Hiscox continued the public hearing to February 4, 2009 at 7:10 p.m.
Old Business:
Chairman Hiscox stated that the commission will hold discussion on both matters listed on tonight’s Agenda under “Old Business” but plan to take action on the matters at the next Planning & Zoning Meeting scheduled for February 4, 2009. He further stated that should the February 4th meeting be canceled due to inclement weather, a Special Meeting will be called for either Thursday, February 5th or Friday, February 6th in order for the commission to take action on these applications.
a. Arlene Gedraitis, 90 Cook Road - Application for a 1-lot re-subdivision (public hearing closed on 12/3/08) Gail Sekeret appeared on behalf of the applicant. Chairman Hiscox stated that he has concerns over the proposed open space which has no public access other than a walking right-of-way over a neighbor’s land. He further stated that he does not believe this type of public access meets the requirements of the Regulations and has concerns about the commission setting a precedent by accepting open space without direct access with only “possible” future connectivity to other, future open space parcels which may in fact never happen. The Chairman further stated that he believes since the area is mostly wetlands, it most likely will never be developed, and therefore feels that it is in the best interest of the Town to accept a fee in lieu of open space to be put into the Open Space Fund. The Chairman stated that economically this is not an easy time for anybody and he would recommend that the commission be as flexible as possible with the applicant on how and when the fee would be collected without setting any precedence or violating any regulations. G. Graveline stated that he agreed with the Chairman and also stated concern over the next owner of the right of way property who may not want people walking over their driveway. D. Pomeroy stated that he also agrees with the Chairman stating that there is too big of an uncertainty about a future connection of the open space. Gail Sekeret stated the applicant had been under the impression that since the Land Trust had stated they would take the open space offered that she did not need to obtain an appraisal. Ms. Sekeret asked if Karen Lind of Lind Appraisers would be an acceptable appraiser to do the appraisal for the applicant. The Chairman responded that the commission only requires that an applicant’s appraiser be a certified appraiser who is registered with the State and has an appraiser’s license. Lastly, Ms. Sekeret stated that when she had been in contact with Karen Lind earlier in this process, Ms. Lind asked exactly what she was appraising - a vacant lot, market value of raw land, or excess acreage to the house? The commission held general discussion on how the open space is to be valued and Chairman Hiscox asked Ms. Sekeret to have Ms. Lind contact Land Use Inspector Bill Donovan who would research this question by looking into a recent similar application and then to follow how that parcel was appraised for consistency and fairness. Bill Donovan told Ms. Sekeret that if the applicant is not able to have an appraisal completed before the next meeting on February 4th, the applicant will need to get a request for an extension of time to him before February 4th. The Chairman asked for any other comments. With no further comments, the Chairman asked the commissioners to review the draft Resolution of Approval prepared by Bill Donovan before the next meeting.
b. G & G Trust, Et Al - Proposed 5-Lot Industrial Subdivision for 99 Union City Road. (public hearing closed on 12/3/08). Chairman Hiscox stated that the two letters received from the Department of Transportation and the letter from Joel Miesel, Vice President of the Prospect Land Trust, mentioned earlier under correspondence have been added to this file. The Chairman stated that the commissioners have each received a draft Resolution of Approval prepared by Bill Donovan. He asked the commissioners to review the draft before the next meeting and stated that he had concerns about the following areas which he wants to be clear on in the commission’s approval process:
1. Buffer Zone along the Cedar Hill Drive properties will need to go in during the first part of the development;
2. All D.O.T conditions must be met by the applicants prior to proceeding with the project. If the applicants are not able to meet all of the D.O.T’s conditions, then P & Z’s Resolution of Approval becomes null and void;
3. During the construction of the road, limit the amount of digging, excavating and improvements which can be made on each particular lot before an individual site plan is approved by the commission;
J. Crumb asked if a plan had been submitted with just a drawing of the road and what could happen with the property later. The Chairman stated yes, but added that he is being very cautious due to the contentiousness of the public hearing and that he just wants everything in writing in order to look out for the property owners as well as the abutting neighbors. A. Delelle asked for clarification on the initial 15-ft buffer. The Chairman stated that 15-ft buffer will be planted along the edge of the Cedar Hill Drive properties so that as the road construction takes place part of the buffer will already be in place. The Chairman further stated that as each individual lot gets developed the commission may add conditions to the original buffer zone. Bill Donovan asked if this application gets approved at the next meeting, which will be in February, if the applicants want to get started on the road right away, it will be difficult for them to establish trees or other plantings in the buffer during the Winter. The Chairman stated that this was understood, and assuming the applicants wished to start road construction immediately, the commission will need to be somewhat flexible in letting the initial buffer be planted in April. D. Pomeroy stated concern about the D.O.T’s process stating that the applicants received their initial October letter with three comments on it and then after the applicants responded to the October letter, two months later the D.O.T answers with nine comments. Bill stated that he believes the first D.O.T transmittal letter addressed traffic and the second addressed drainage. Roland Desrosiers concurred with Bill’s answer to D. Pomeroy’s concern over the D.O.T’s letters. D. Pomeroy stated concern over the fact that the D.O.T asked the applicants who the proposed tenants are. R. Desrosiers and the commissioners had general discussion on the D.O.T’s conditions. Mr. Desrosiers stated that the applicants do have a copy of the draft Resolution of Approval and that the applicants understand that they need to get the State’s approval and they are working on that. The Chairman asked for any other comments. With no further comments, the Chairman stated this application will be added to the Agenda for February 4th meeting.
New Business:
a. Tom Giammattei, 200 Scott Road - pre-application review for Special Permit - Commercial Greenhouse. Mr. Giammattei appeared before the commission for a pre-application discussion with the commission with regard to his plan to apply for a special permit to construct commercial greenhouses on his residential property. The Chairman stated that Mr. Giammattei is here tonight for discussion purposes only, nothing formal, just to get any recommendations from the commissioners that they can offer. Mr. Giammattei stated that he will also be attending the next scheduled Inland Wetlands meeting to submit his application for approval. Mr. Giammattei stated that he owned 9.49-acres on Scott Road in Prospect with access via a right-of-way from Waterbury. Mr. Giammattei presented the commission with a preliminary plan showing his existing house, driveway, boundaries lines and where the proposed greenhouses will be located. Mr. Giammattei stated that he plans to construct the middle greenhouse building first and then the two side additions sometime afterward. Mr. Giammattei explained to the commission that he is planning to hydroponically grow plants and vegetables and is working with the United States Department of Agriculture. Mr. Giammattei stated that there will be no leaching of irrigation waters going into the ground and that everything gets re-circulated and re-used and is all organic. Mr. Giammattei stated that the plants he will grow will be for commercial sale and confirmed that individuals would not be coming to his property to buy the plants. Mr. Giammattei stated that he plans to have a three season operation - Spring, Winter & Fall. He stated that three times a year for about two weeks per time, he would be using an 18-ft box truck to transport the plants off of his property for wholesale. Bill Donovan asked what the total percentage amount of the lot will be covered once the greenhouses are constructed, if it will be over 15%, as limited by the Regulations. Mr. Giammattei stated that his property consisted of about 413,276 square feet and that the greenhouses would only be covering about 12,000 square feet but he would get the proposed total area to be covered for the public hearing in case someone asks. D. Pomeroy asked Mr. Giammattei to be prepared to answer questions at the public hearing about chemical storage, types of trucks and traffic. Chairman Hiscox asked Mr. Giammattei if the proposed structures will be visible from Williams Drive. Mr. Giammattei stated that the proposed structures would be 300 ft. - 400 ft. away from Williams Drive and it is all wooded in between. Chairman Hiscox asked if the proposed area is flat or needs to be cleared. Mr. Giammattei stated that the area is pretty flat and that he will not be clearing the wooded area between his property and Williams Drive. G. Graveline suggested that Mr. Giammattei bring information to the public hearing as to how far away the proposed greenhouses will be to the houses around them. J. Crumb asked Mr. Giammattei to bring a sketch of the property showing the Waterbury and Prospect property lines so the public can get a visual of where it is. The Chairman stated that at the next meeting Mr. Giammattei can submit a formal application and then a public hearing will be scheduled for the following meeting.
b. Steve White - Devine Detail, 69 Waterbury Road. No action taken.
c. 2009-2010 Budget Request (7/1/09-6/30/10). The commission reviewed dollar amounts spent thus far for the individual budget items and agreed to cut $1,000.00 off of Item #5600 (Engineering) for a total proposed budget for the 2009-2010 fiscal year of $9,300.00. The Chairman stated that in the next year or two the Planning & Zoning Commission will need to request additional funds be added to their budget to cover the cost of revising the Plan of Development. Motion by D. Pomeroy, seconded by A. Havican to approve the proposed budget for the fiscal year 2009-2010. Unanimous.
Land Use Inspector’s Report: Bill Donovan reported to the commission that the Regulations have been updated with all of the amendments that have been made over the last few years. He stated that the Regulations are now in the proof-reading stage and hopes to have copies of the updated version ready for the commissioners by the next meeting. D. Pomeroy suggested the possibility of putting the Regulations into binders so that any future amendments can be easily changed. Chairman Hiscox asked Bill for a status on the DiLoreto lawsuit and Bill responded that Attorney Yoxall informed him that the initial court date is scheduled for sometime in February. The Chairman asked Bill to issue a citation on the large tractor trailer that is parked on the DiLoreto property on Old School House Road stating that other than backing it in, there was no other way that it could have gotten there and backing it in would violate their Special Permit. D. Pomeroy asked about the status of the Planning & Zoning’s pending litigation against the Zoning Board of Appeals to which Bill responded that the lawsuit has been withdrawn. Chairman Hiscox also asked Bill to look into when the variance approval was granted for Prospect Excavating as he believes the expiration date is drawing near. J. Crumb stated concern over implementing a time schedule for the installation of the fencing/trees around the proposed commercial greenhouses on Scott Road as is being discussed at the proposed industrial subdivision. G. Graveline asked Bill for an update on the Kollcinaku property located at 22 Union City Road and asked if the owner had been fined. Bill stated that approval for a variance to square off the back of the building was granted by the Zoning Board of Appeals but the property owner has not yet received either zoning or a building permit approval for the addition. Motion by A. Havican, seconded by A. Delelle to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
Adjournment: Motion by A. Havican, seconded by D. Pomeroy to adjourn at 8:49 p.m. Unanimous.
Robert Hiscox, Chairman