March 4, 2009
Vice Chairman Pomeroy called the meeting to order at 7:01 p.m. The meeting was taped.
Members Present: Donald Pomeroy, A. Delelle, A. Havican, Jack Crumb
Alternates Present: G. Graveline
Absent: G. Ploski, Ed Miller
G. Graveline was seated for G. Ploski.
Nominations:
Election of Chairman and Vice-Chairman. Motion by G. Graveline, seconded by J. Crumb to nominate Don Pomeroy for Chairman. There were no other nominations and the vote in favor was Unanimous. Motion by A. Havican, seconded by G. Graveline to nominate Al Delelle for Vice-Chairman. There were no other nominations and the vote in favor was Unanimous.
Approval of Minutes:
Motion by A. Havican, seconded by A. Delelle to approve the February 18, 2009 minutes. Unanimous.
Correspondence:
1. Council of Governments, Central Naugatuck Valley - Minutes from the November 18, 2008
Meeting.
Motion by G. Graveline, seconded by A. Havican to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Gary Baldowski, 10 Pine Meadow Lane - Special Permit Application for a Home Occupation: Public Accountant Office. Mr. Baldowski appeared before the before the commission and 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 the bulk of his business will be during 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 office hours on Saturdays. Chairman Pomeroy stated that the commission would accept the application tonight and schedule a public hearing. With no further comments, Motion by G. Graveline, seconded by A. Havican to accept the application from Gary Baldowski, 10 Pine Meadow Lane - Special Permit Application for a Home Occupation: Public Accountant Office and set a public hearing for March 18, 2009 at 7:10 p.m. Unanimous.
Public Hearing:
Chairman Pomeroy read into record the “Notice of Public Hearing” for the public hearing as it appeared in the Republican American on February 20th and February 27th, 2009.
7:10 p.m. Dave Jones, 12 Pine Meadow Lane - Special Permit Application for a Home Occupation: Real Estate Brokerage Office. Dave Jones appeared and presented the commission his certificates of mailing to his abutting neighbors. Mr. Jones stated that he would like to use a 100 sq. ft. portion of his basement for a real estate brokerage office. Mr. Jones stated that he and his wife will be the only employees, that he would not have any customers coming to his home and he will not have any commercial vehicles or signs. Bill Donovan asked if in addition to normal Monday through Friday business hours, if Mr. Jones would have business office hours on the weekends. Mr. Jones stated that he would conduct business on the weekends but all of his weekend business would be at his customers’ property rather than at his property. Chairman Pomeroy asked for comments from the public. With none, Motion by A. Havican, seconded by G. Graveline to close the public hearing on the application from Dave Jones, 12 Pine Meadow Lane for a Special Permit for a Home Occupation: Real Estate Brokerage Business. Unanimous. Motion by A. Delelle, seconded by J. Crumb to approve the Special Permit Resolution of Approval for the Home Occupation Special Permit for Dave Jones, 12 Pine Meadow Lane for an office for a Real Estate Brokerage business which includes “In the Commission’s judgment, the application complies with criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.” Unanimous.
Old Business:
a. Tom Giammattei, 200 Scott Road - Application for Special Permit for Commercial Greenhouses on Residential Property. Bill Donovan reported to the commission that he had spoken to Mr. Giammattei who was still in the process of obtaining Chesprocott approval. Bill asked on Mr. Giammattei’s behalf that this matter be carried over to the next meeting.
b. Ryan McEvoy, Milone & MacBroom - Pond Place Medical Facility, 166 Waterbury Road - Site Plan Revision/Greenwood Drive access to Sunrise Development, Waterbury. Ryan McEvoy, P.E. appeared and stated that he is the project engineer on the Sunrise Development project which is a clustered development which will be located in Waterbury on the Prospect-Waterbury town line on the northern side of Prospect Road (Route 69). Mr. McEvoy stated that he is here as a follow up to his presentation to this commission last September and to satisfy the State Traffic Committee’s requirement of confirming the Prospect Planning & Zoning Commission approves a private road over 166 Waterbury Road. Mr. McEvoy presented the commission with a revised site plan for the Pond Place Medical Facility which shows a private road accessing, via an easement, across 166 Waterbury Road into the Sunrise Farms Development. Mr. McEvoy further stated that there will also be a gated, limited access via a hammerhead turn-around at the end of Greenwood Drive into Sunrise Development. D. Wartko, Brighton Road stated he is a member of the WPCA and has concerns with access to the meter location for the Pond Place Medical Facility. After Commission discussion, Motion by A. Havican, seconded by J. Crumb to accept and approve the Revised Site Plan for Pond Place Medical Facility, 166 Waterbury Road as submitted by Ryan MacEvoy of Milone & MacBroom representing Sunrise Farms, LLC, showing a private proposed road accessing across 166 Waterbury Road and onto Route 69. Unanimous.
b. Industrial Storage, Et Al, Linda M. Ploski, Trustee, 99 Union City Road - Site Plan Application. Attorney Edward Fitzpatrick appeared on behalf of the applicant and stated that this property was recently approved as a 5-lot industrial subdivision and during the approval process the Planning & Zoning Commission stated that they would hold public hearings as each individual lot was developed. Attorney Fitzpatrick stated that the subdivision approval called for a road construction bond before development of the subdivision could begin. He further stated that due to the economy, the owners are unable to secure the necessary bond at this time. Attorney Fitzpatrick stated that in effort to move development along, this site plan for the entire parcel of 99 Union City Road is being submitted. Attorney Fitzpatrick stated that the drawings submitted with this site plan application are for Leased Area 5 which mirrors and will become Lot #5 once the mylar map for the subdivision is filed. Attorney Fitzpatrick stated that the site plan shows proposed permanent storage buildings on Leased Area 5 and a private driveway to Route 68. Attorney Fitzpatrick stated that the private driveway will become the subdivision road and will be constructed to Town specifications. Land Use Inspector Bill Donovan stated that his understanding of this process is that legally the property owners can apply for a different approval since the mylar map, which is the final subdivision approval, has not yet been filed. He further stated that in accordance with statutory extensions, the owners have 270 days in which to file the mylar map or forfeit the filing of the mylar map and start the subdivision approval process over again. Sergio Viera, project engineer for R.J. Desrosiers and Associates appeared and stated that the owners are going to try to do as much site work as possible before the mylar map is filed in an attempt to reduce the bond amount. Mr. Viera further stated that when the mylar map is filed, the bond amount required is 10% of the work that already has been done and 100% of the work that is left to do. Attorney Fitzpatrick stated that the owners will have Public Works Director Gene McCarthy inspect the drainage and the road as they are constructed. He further stated that when the owners are ready to file the mylar map and post the bond, if the road is not constructed to Town’s standards, it will not be approved and will have to be re-done causing the bond to be increased and prohibit the owners from selling off the lots. B. Reilly, 14 Cedar Hill Drive asked if this is still a subdivision and if it has received D.O.T approval. G. Graveline, for clarification, stated that at this time the commission is looking at this application as a private owner who is doing site work on the whole parcel until the bond is posted and the mylar map for the subdivision is recorded. He further stated that until the bond is posted and the mylar map is recorded to finalize the subdivision, the owners cannot sell any lots. Mr. Viera stated that the owners do not have D.O.T. approval yet but that D.O.T. representatives were at the property on 2/26/09. Mr. Viera stated that normally, it takes anywhere from 6 to 8 months to obtain D.O.T. approval but hopefully, due to the slowing economy and less applications being filed with the State, the owners will obtain D.O.T. approval sooner. Mr. Viera also stated that the owners of the property are going to meet the subdivision approval time deadline of June 1, 2009 to have the trees in the buffer area planted. Attorney Fitzpatrick stated that the applicants are seeking the commission’s approval of this current site plan which is for what will eventually become Lot 5. He further stated that in the future, these applicants will bring applications in for amendments to this site plan to add each of the leased areas as they are developed. Town Attorney Jennifer Yoxall, who was present to address the commission on a different matter, agreed with Attorney Fitzpatrick stating that the commission, in accordance with the Regulations, could accept this site plan and then later make amendments to this original site plan as each leased area is developed. Bill Donovan suggested the possibility of the Town hiring a consulting engineer who will be paid by the applicants to inspect and monitor the driveway construction since this driveway is planned to become a Town road once the mylar map is filed. After commission discussion, Motion by A. Havican, seconded by G. Graveline to accept the Site Plan Application from Industrial Storage, LLC, 99 Union City Road and set a public hearing on the application for March 18, 2009 at 7:20 p.m. Unanimous.
Land Use Inspector’s Report: Bill Donovan reported to the commission that the Zoning Regulations have now been updated to include the amendments that the commission has made up through December 1, 2008. Bill also stated that he would like to begin the process of updating the Subdivision Regulations. Bill stated that he had contacted the owner of 99 Union City Road in response to the letter regarding the “no trespassing” signs posted on 99 Union City Road along the back border of Mr. Reilly’s property. Bill stated that the property owner told him that he was instructed by the police to post the signs because of trespassing and illegal dumping that was happening on his property and in order for police enforcement, the signs needed to be posted. Bill stated that the owner also stated that he would adhere to what the commission recommended as to the signs. The commission agreed that they do not feel that the signs in question are a violation of the regulations but asked Bill to instruct the owner to spread the signs out along the property line so they are not directed toward one homeowner. Bill also reported that he had looked for the panel truck reported as being on Plank Road but has not seen it yet. He also asked the commissioners if they would prefer to receive the unapproved minutes by e-mail rather than regular mail to which they agreed to and supplied their e-mail addresses. Lastly, Bill confirmed which members would be going to the annual dinner on March 19th. Motion by A. Delelle, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation: Mrs. Reilly, 14 Cedar Hill Drive stated concern over the illegal placement of signs on the back border of her property. Chairman Pomeroy stated that because the signs are not commercial signs, he does not think the commission has the authority to direct the property owner to take the signs down. He further stated that the commission has instructed Bill to ask the owner of 99 Union City Road to spread the signs out rather than be directed toward just one property.
Motion by J. Crumb, seconded by A. Delelle to go into Executive Session at 8:35 p.m. to discuss strategy and negotiations on pending litigation in the matter of Domenic DiLoreto, Et Al v. Planning & Zoning Commission of the Town of Prospect. Unanimous. Chairman Pomeroy invited Town Attorney Jennifer Yoxall and Land Use Inspector Bill Donovan into the session. Motion by A. Havican, seconded by G. Graveline to come out of Executive Session at 8:55 p.m. Unanimous.
Adjournment: Motion by A. Havican, seconded by A. Delelle to adjourn at 9:04 p.m. Unanimous.
Donald Pomeroy, Chairman