Planning & Zoning

G. Graveline was seated for G. Ploski.

Land Use Inspector Bill Donovan informed the commission that Dave Santoro has been appointed by the Town Council as the new Republican Alternate to this commission.

Approval of Minutes:
Motion by J. Crumb, seconded by G. Graveline to approve the March 4, 2009 minutes. Unanimous.

Correspondence:
1. Planimetrics - brochure.
2. State of Connecticut, Department of Transportation correspondence dated 3/9/09 re: Cedar Hill Woods Subdivision, 99 Union City Road.
3. Council of Governments Central Naugatuck Valley - Land Use Planning Seminar on 4/30/09.

Chairman Pomeroy noted for the record that the correspondence received from State of Connecticut, Department of Transportation dated 3/9/09 will be added to the Site Plan Application for 99 Union City Road.

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

Public Participation: None

Old Business:
a. Tom Giammattei, 200 Scott Road - Application for Special Permit for Commercial Greenhouses on Residential Property. Motion by A. Delelle, seconded by G. Graveline to approve the Special Permit Resolution of Approval for Tom Giammattei, 200 Scott Road for Commercial Greenhouses on Residential Property. Unanimous.

Public Hearing:
Chairman Pomeroy read into record the “Notice of Public Hearing” for the public hearings as it appeared in the Republican American on March 6th and March 13th, 2009.

7:10 p.m. Gary Baldowski, 10 Pine Meadow Lane - Special Permit Application for a Home Occupation: Public Accountant Office. Mr. Baldowski appeared before the commission and provided the mailing receipts to his abutting property owners. Mr. Baldowski stated that he would like to use a portion of home for his public accountant business. Mr. Baldowski stated that he will be the only employee and that he would not have any commercial vehicles, outdoor storage or signs. Mr. Baldowski stated that his driveway has room to park 6 vehicles. Mr. Baldowski also stated that he will have no more than one customer at a time and that he would schedule customers so they don’t overlap. He further stated that he will not have more than 6 customers in any one day. Mr. Baldowski stated that he does some of his business by picking up and dropping off materials at his clients’ homes and sometime his business is by mail. He further stated that the bulk of his business will be during the tax season between January and April and once April 15th passes, his business slows down dramatically. Mr. Baldowski stated that his business office hours will be Monday through Friday from 10:00 a.m. to 5:00 p.m. and that during tax season he would also have daytime office hours on Saturdays. Chairman Pomeroy asked for comments from the public. With none, Motion by J. Crumb, seconded by A. Havican to close the public hearing on the application from Gary Baldowski, 10 Pine Meadow Lane for a Special Permit for a Home Occupation: Public Accountant Office. Unanimous. Motion by A. Havican, seconded by A. Delelle to approve the Special Permit Resolution of Approval for the Home Occupation Special Permit for Gary Baldowski, 10 Pine Meadow for an office for a Public Accountant business. Unanimous. Chairman Pomeroy stated that “In the Commission’s judgment, the application complies with criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.”

7:20 p.m. Industrial Storage, Et Al, Linda M. Ploski, Trustee, 99 Union City Road - Site Plan Application. Attorney Ed Fitzpatrick and Engineer Roland Desrosiers appeared for the applicants and presented an updated site plan showing 99 Union City Road as one large parcel with proposed structures on Leased Areas 5 and 2. Chairman Pomeroy read the State of Connecticut, Department of Transportation correspondence dated 3/9/09 for the record. Attorney Fitzpatrick provided a check for the site plan application fee. Mr. Desrosiers supplied the mailing receipts to the abutting property owners. Attorney Fitzpatrick stated that while this site plan application may be confusing due to the prior industrial subdivision approval on the parcel, it is allowable under State Statutes and is allowable under the Town’s Regulations. Chairman Pomeroy asked for comment from the public. D. Reilly, 35 Tress Road stated concern over the plantings in the buffer zone, the driveway length and the Cedar Hill Drive’s residents’ fear of having an ongoing multi-year mining project. Mr. Reilly also expressed concern about the applicants not following the recommendations given in conjunction with the industrial subdivision approval by the Inland Wetland Commission, the Connecticut Water Company and the Town’s consulting engineer, Scott Poryanda. Mr. Reilly further stated concern over the applicants’ claim that they are unable to secure a bond and stated that he believes this site plan is a way for the applicants to bypass the bond and go straight into a mining operation. Mr. Reilly asked the commission if the residents had a right to appeal if this site plan application is granted. Lastly, Mr. Reilly stated that he believes that if the commission approves this site plan, it will be setting a bad precedent which will reflect badly on the Town. Attorney Fitzpatrick stated that the applicants will satisfy the Connecticut Water Company for this project. Mr. Desrosiers stated that the buffer zone and its proposed plantings are in accordance with the Resolution of Approval for the subdivision and also gives 5 feet more than what the Regulations call for. Mr. Desrosiers also stated that he believes D.O.T. approval is forthcoming on the driveway and that the driveway will be built to Town road specifications, will be identical to the subdivision road, and will be inspected throughout the building process by a Town consulting engineer at the applicants’ expense. Mr. Desrosiers also stated that the Connecticut Water Company is reviewing this plan now and that the Health Department has been notified. Chairman Pomeroy stated and Bill Donovan confirmed that the 500 ft. driveway limitation is for Residential Zones only and does not apply to Industrial Zones. Bill Donovan also stated that the applicants need to go back before the Inland Wetland Commission to have the updated site changes including the drainage basin on Leased Area 5 approved. D. Reilly asked how much fill will be taken off of the property. Mr. Desrosiers stated the Commission had not requested this information but he does have calculations for Leased Area 4 which will have a net cut of 80,000 cubic yards and Leased Area 2 will have 40,000 cubic yards. He further stated that the fill will not all be moved out within 6 months but that the buffer plantings will all be complete by June 1, 2009 in accordance with the subdivision approval. For the record, Chairman Pomeroy read Mr. Desrosiers’ 3/10/09 letter describing the proposed work to be done in accordance with the revised plan submitted. Bill Donovan stated concern over the amount of excavation, drainage and its possible impact on Gramar Avenue, erosion and the safety of the abutting properties and suggested that the Commission consider a bond for the site plan to protect the abutting property owners. Chairman Pomeroy stated concern over the integrity of the sub-base of the driveway with the number of large trucks which would be repeatedly driving over it transporting material off site. Chairman Pomeroy further stated that the Commission just received this plan tonight and would like to keep the public hearing open to give the Commission members time to review the plan. Motion by A. Havican, seconded by A. Delelle to continue the public hearing on the Site Plan Application from Industrial Storage, LLC, 99 Union City Road to April 1, 2009 at 7:10 p.m. Unanimous.

New Business: None

Land Use Inspector’s Report: Bill reminded the Commission that the annual conference for the Connecticut Federation of Planning and Zoning Commissions will take place on Thursday, March 19th. Motion by G. Graveline, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.

Public Participation: None

Adjournment: Motion by A. Havican, seconded by J. Crumb to adjourn at 8:40 p.m. Unanimous.

Donald Pomeroy, Chairman