P&Z Minutes - June 17, 2009

Planning & Zoning

Approved Minutes

June 17, 2009

Chairman Pomeroy called the meeting to order at 7:03 p.m. The meeting was taped.

Members Present: D. Pomeroy, A. Delelle, A. Havican, G. Ploski, J. Crumb
Alternates Present: D. Santoro
Absent: G. Graveline (Alt.), Ed Miller (Alt.)

Approval of Minutes:
Motion by A. Havican, seconded by A. Delelle to approve the June 3, 2009 minutes. Unanimous.

Correspondence:
1. June 3, 2009 Memo from Council of Governments Central Naugatuck Valley re: Nominations for Outstanding “Regional” Planning Efforts.

Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.

Public Participation: None

Public Hearing: None

Old Business: None

Land Use Inspector’s Report:
Bill reported that he had followed up on the Platt Drive junk vehicle complaint and had verified that there are in fact unregistered vehicles on the property and sent a letter out to the owner but has not yet received a response. Bill stated that his office has sent the required notices out to the Council of Governments and abutting municipalities regarding the proposed regulation changes. Bill further stated that he has spoken to Whitney Caporaso in response to the commission’s comments after review of the pictures of her property at the last meeting and the ongoing complaints about the property. Bill stated that Mrs. Caporaso stated that she will now keep a log of why and when any trucks are on her property so the commission may verify, if they choose to do so, any complaints that may come forward. Bill also stated that Mrs. Caporaso told him that she and her husband have two different off site locations now where they are paying rent to store their commercial vehicles. Chairman Pomeroy asked Bill to please keep a close eye on this situation as this matter had been discussed extensively during the public hearing process. The Chairman also asked Bill for an update on the quarry business which is using an access way over residential property on Spring Road. Bill stated that he is waiting for the final title search report but that the searcher indicated that he believes that Mr. Warren, the owner of the quarry, does have a legal right of way over the property due to the history of the passing of the land which always included the right of way throughout the years. Bill further stated that this could become an issue of whether or not the quarry business has grown so large that it is creating a negative impact on residential property owners in Prospect. Bill stated that Mayor Bob has called the new Mayor of Naugatuck regarding this matter and that once the title search report comes in the Town of Prospect may have to get the Town Attorney involved. Motion by J. Crumb, seconded by A. Delelle to accept the Land Use Inspector’s report. Unanimous.

Hearing:
7:10 p.m. Prospect Estates, LLC, 193 & 193R Cook Road - hearing to call the bond. Chairman Pomeroy opened the hearing and asked if a representative from Prospect Estates, LLC was in attendance. With no response, Bill Donovan gave the commission a brief summary on this matter and explained that due to the time constraints of calling a bond/letter of credit, the Town Attorney, Jennifer Yoxall of Carmody & Torrance, advised the commission to proceed forward with calling the bond in order to protect the interests of the Town. After commission discussion, Motion by J. Crumb, seconded by A. Havican to move forward with calling the bond for the Prospect Estates, LLC Subdivision located at 193 & 193R Cook Road. Unanimous.

New Business:
b. Clifford & Shawn Baumann, 10 Juggernaut Road - Permit for Keeping, Breeding & Raising Livestock. Mr. Baumann appeared and presented the commission with his permit application to keep horses on his residential property. Mr. Baumann’s application included a plot plan which shows the location and size of the shelter and the location of the manure pit and corral area. Mr. Baumann stated that the manure will be hauled off the property weekly and brought to a feed farm in Cheshire. Mr. Baumann stated that at this time he is only planning on keeping two horses on the property. Bill Donovan stated that the commission may hold a public hearing on this application if they choose to but it is not required. Bill further stated that the Baumann’s recently acquired additional land and now own over 5-acres which more than meets the regulation requirement for keeping horses. D. Santoro asked Mr. Baumann if there was a brook or running water on the property. Mr. Baumann stated that there is a brook that runs through a very small portion of his land on the very far left side of his property but stated that it is over 100-ft away from the barn and manure pile. The Chairman asked for further discussion. With none, Motion by A. Delelle, seconded by A. Havican to accept and approve the Livestock Permit Application submitted by Clifford & Shawn Baumann to keep horses on residential property located at 10 Juggernaut Road. Unanimous.

a. Theresa Graveline, The Open Space Planning Subcommittee of the Prospect Conservation Commission - presentation of Open Space Plan. Theresa Graveline presented a power point presentation of the proposed Open Space Plan to the Commission and members of the Inland Wetlands Commission. After the presentation Mrs. Graveline took questions and comments on the Open Space Plan and briefly outlined the process which will need to be taken in order for the Open Space Plan to be formally adopted by the Town. J. Kaufmann, a member of the Inland Wetlands Commission, provided a hand out and discussed recommendations for Open Space Guidelines involving proposals being submitted to Planning & Zoning. After commission discussion, Chairman Pomeroy asked that review & discussion of the proposed Open Space Plan be added to the Agenda for the upcoming Planning & Zoning meetings.

c. Review Subdivision Regulations - Bill Donovan briefly outlined the proposed changes to the Subdivision and Zoning Regulations and stated that he has spoken with Keith Griffin, the Fire Marshal, about the proposed deletion of Section 6.11.1.4 regarding the maximum 500’ rear lot driveway access distance. Bill stated that the Fire Marshal will attend the public hearing scheduled for July 15th to discuss this issue. Chairman Pomeroy asked Bill, in the interest of time, to contact the Fire Marshal to see if he is available to come to the next Planning & Zoning meeting for discussion on Section 6.11.1.4.

Public Participation:
A. Stein, 22 Cook Road stated that she will attend the public hearing on the proposed regulation changes and asked the commission if the past change of the regulations from a “builders square” to “minimum buildable area” has caused more parcels to be misshapen rather than of a more uniform-like square.

Adjournment:
Motion by A. Havican, seconded by A. Delelle to adjourn at 8:49 p.m. Unanimous.

Donald Pomeroy, Chairman