November 18, 2009
Chairman Pomeroy called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, G. Ploski, J. Crumb
Alternates Present: G. Graveline, D. Santoro
Absent: A. Havican, Ed Miller (Alt.)
Chairman Pomeroy seated G. Graveline for A. Havican.
Approval of Minutes:
Motion by G. Ploski, seconded by J. Crumb to approve the November 4, 2009 minutes as amended. Unanimous.
Correspondence:
1. 11/4/09 letter from Carla M. Perugini-Erickson, Chair of the Prospect Water Pollution
Control Authority re: Special Permit for a banquet facility at 157 Waterbury Road.
2. 11/5/09 letter from Jean Meehan re: Special Permit for a banquet facility at 157 Waterbury
Road.
3. Copy of letter dated 11/13/09 from Land Use Inspector William Donovan to Linda Marie
Ploski, Trustee, Et Al re: expiration date to file the subdivision mylar map for the “Cedar Hill
Woods” subdivision at 99 Union City Road.
4. 11/18/09 letter from Roland J. Desrosiers, LS for Linda M. Ploski, Trustee, Et Al re:
expiration date to file the subdivision mylar map for the “Cedar Hill Woods” subdivision at
99 Union City Road.
Chairman Pomeroy read the letter from Carla M. Perugini-Erickson, Chair of the Prospect Water Pollution Control Authority and stated that this letter will be added to the Special Permit Application for 157 Waterbury Road.
Chairman Pomeroy acknowledged the letter from Jean Meehan dated 11/5/09 and stated that he would read the letter into record during the public hearing which is scheduled to begin at 7:20 p.m. tonight on the special permit application for a banquet facility at 157 Waterbury Road.
Chairman Pomeroy read the letters from Roland J. Desrosiers, LS for Linda M. Ploski, Trustee and Land Use Inspector William Donovan to Linda Marie Ploski, Trustee, Et Al into the record and stated that these letters will be added to the file for the “Cedar Hill Woods” subdivision at 99 Union City Road.
Motion by A. Delelle, seconded by G. Ploski to accept the correspondence. Unanimous.
Motion by G. Ploski, seconded by A. Delelle to accept and approve the meeting dates as presented for the 2010 calendar year. Unanimous.
Public Participation: None
New Business: None
Public Hearings:
7:10 p.m. Adoption of the Open Space Plan as an Amendment to Prospect’s existing Plan of Conservation and Development as proposed by The Open Space Planning Subcommittee of the Prospect Conservation Commission. Mayor Robert Chatfield, 25 Cornwall Avenue stated that he came to the meeting tonight to support, thank and applaud The Open Space Planning Subcommittee of the Prospect Conservation Commission for all of their time and effort putting the Open Space Plan together. Mayor Chatfield stated that Virginia Mason, Assistant Director of the Regional Planning Agency, told him that this plan is the best Open Space Plan that has ever been presented to her. Theresa Graveline, a member of the Prospect Open Space Purchase Advisory Committee, appeared before the commission and provided copies of the final draft version of the proposed Open Space Plan and briefly outlined each of the changes that have been made in accordance with the suggestions that have been presented during the public hearing. Mrs. Graveline stated that she would be happy to answers any questions. Bill Donovan suggested that the new Level A Aquifer Protection Area that went into effect on the Zoning Map on October 1, 2009 be included on the “State Plan Map - Prospect Portion” and Mrs. Graveline agreed. Chairman Pomeroy asked if there were any comments from the public or commission. With none, Chairman Pomeroy thanked and congratulated Mrs. Graveline and the entire Open Space Planning Subcommittee of the Prospect Conservation Commission for this fantastic document. Motion by A. Delelle, seconded by G. Ploski to close the public hearing on the proposed adoption of the Open Space Plan as an Amendment to Prospect’s existing Plan of Conservation and Development as proposed by The Open Space Planning Subcommittee of the Prospect Conservation Commission. Unanimous. Motion by A. Delelle, seconded by G. Ploski to adopt the Open Space Plan as an Amendment to Prospect’s existing Plan of Conservation and Development as proposed by The Open Space Planning Subcommittee of the Prospect Conservation Commission with an effective date of January 1, 2010. Unanimous.
7:20 p.m. Giuseppe Geloso, 157 Waterbury Road - Special Permit Application for a Banquet Facility (continued from 10/21/09). Chairman Pomeroy opened the hearing and read into the record the opposition letter dated 11/5/09 from Jean Meehan re: Special Permit for a banquet facility at 157 Waterbury Road. Chairman Pomeroy read into record a letter dated 11/17/09 from Attorney Thomas Porzio on behalf of the applicant which requested a 30 day extension to complete this public hearing. David Carson, Managing Principal of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT appeared on behalf of the applicant. Chairman Pomeroy acknowledged a lengthy letter dated 11/17/09 from David Carson regarding his parking requirement analysis for Villa Rosa Banquet Facility. Chairman Pomeroy stated that the commissioners have received a copy of this letter and stated that the letter is now part of the public record and is available for anyone to read if they choose to. Prospect Fire Marshal Keith Griffin, 20 Dorothy Avenue appeared to answer any questions the public or commission may have for him regarding this application. G. Ploski asked if Mr. Griffin had a chance to review the floor plan and had determined the amount of occupancy. Mr. Griffin stated that he could not calculate the occupancy amount until he reviews the final plans. Chairman Pomeroy asked Mr. Griffin if the proposed access way to all of the proposed structures is adequate for the fire trucks. Mr. Griffin stated that he doesn’t see any problem with the access way and stated that the proposed placement of fire hydrants is satisfactory to him as well. J. Crumb asked if any pumps will need to be installed for water pressure and Mr. Griffin stated that at this time both the applicant and the Water Company are stating no that there should be adequate water pressure. Ed LaMontagne, 149 Waterbury Road asked Mr. Griffin when he can make his final determination on occupancy and Mr. Griffin stated that once he receives the final stamped plans he and the building inspector have 30 days in which to approve the plans or ask for the applicant to make changes. Bill Donovan asked Mr. Griffin how he measures to calculate maximum occupancy. Mr. Griffin stated that he will measure each room from wall to wall and his calculations will depend on if there are tables in the room. Mr. Griffin stated that all his calculations will be based on the State Fire Code and that all towns must follow the State Fire Code. Sal Talamo of the Sullivan Architectural Group, 27 Anne Street, Norwalk, CT appeared and stated that the Geloso family wants to create a wedding facility with a timeless look that would be able to host two wedding events at the same time giving each bride the sense that her wedding is the only function taking place that day. Mr. Talamo stated that the facility will have a grand entrance drive to maximize the beautiful views over the valley. Fran LaMontagne, 149 Waterbury Road asked where exactly this facility is going to be built. Mr. Carson stated that the proposed banquet facility will be located on an approximately 13-acre parcel at the corner of Murphy Road and Rt. 69 just south of the Waterbury city limits. Mr. Carson stated that the site is presently a wooded hillside rising 160-feet in elevation from the intersection of Murphy Road and Rt. 69 to the highest point at the southwest corner of the property. Mr. Carson stated that the site is bordered by wooded watershed land owned by the City of Waterbury. Mr. Carson stated that during the planning stages for this project he reviewed the plans with the City of Waterbury Water Bureau, Engineering Department, and the Water and Sewer Authority to get their input on the project. Mr. Carson stated that he has been in contact with the City of Waterbury and the Waterbury Water Bureau and they have acknowledged their willingness to grant an easement for grading and access rights across their property. Mr. Carson stated that initially access to the tower will be provided through the banquet facility’s main roadway and service drive to the back of the building and eventually a relocated access drive on City of Waterbury, Waterbury Water Bureau property. Mr. Carson stated that the proposed banquet facility sits at the mid point of the hill with the driveway to the facility entering from the high point of Murphy Road gently winding up the hill to a terraced parking lot. Mr. Carson stated that the main entrance to the two banquet facilities will be on the first floor and the service facilities such as trash, deliveries, etc. will be located on a lower level with an entrance at the rear of the building. Mr. Carson stated that the area will be totally landscaped by means of retaining walls with planting beds between them and terraced islands in the parking lot to create an appealing vision rather than just looking at asphalt. Mr. Carson stated that because this project has over 200 parking spaces and accesses onto a State highway it will require a State Traffic Control permit. Mr. Carson stated that the plan was well accepted by DOT but the formal approval process cannot begin until the applicants have Planning & Zoning Commission approval. Mr. Carson stated that the plan calls for minor widening of Rt. 69 and shifting of the painted center line in the road in order to create a bypass area for someone to make a left hand turn onto Murphy Road and the following car to be able to drive by without causing a delay. Mr. Carson stated that this is being done in conjunction with an existing STC permit which was recently issued for the Sunrise Farms Development on the opposite side of the road in Waterbury. Mr. Carson stated that due to familiarity of what the Department of Transportation and State Traffic Control will require, the applicant’s plans propose rebuilding the intersection of Murphy Road and Rt. 69 by slightly widening Rt. 69, realigning the angle and lowering the grade at the base. Mr. Carson stated that the proposed rebuilding of the intersection as described is subject to final review by the Department of Transportation and State Traffic Control. Fran LaMontagne, 149 Waterbury Road asked if any blasting will be done and if the water table will be changed. Mr. Carson stated that he does not anticipate the need for any blasting and that there will be no impact on the water table. Donald Filippone, 145 Waterbury Road asked if a traffic light would be installed and stated concern about the number of car accidents and the rate of speed that cars travel on that portion of the road. Mr. Carson stated that a demographic study done for the traffic report showed that 75% of all traffic coming to the proposed facility would be coming in from Waterbury. Mr. Carson stated that there are no plans for a traffic light and that the State just analyzed the area for a traffic light for the STC permit which was just granted for the Sunrise Farms Development on the opposite side of the road in Waterbury and the State determined that they did not want a traffic light in that area. Mr. Carson stated that the proposed Storm Management System for this facility accounts for no increase of the peak discharge of storm water from the site after it is developed than existed before the development. Mr. Carson stated that storm drainage for this site incorporates a first flush underground system handling the water from the entire parking area, sent down the hill to a large detention basin then across the Caruso property, 175 Waterbury Road, with an easement to the Town of Prospect and discharged at the same point the State’s storm water systems discharge into the existing watercourse in Waterbury. Mr. Carson stated that the applicants have a letter from Mr. Caruso indicating his willingness to grant easements to the Town of Prospect for the storm drainage. Mr. Carson stated that due to the magnitude of this project, in addition to review by the State Traffic Control, it will also be reviewed by the State of Connecticut, Department of Environmental Protection for a Storm Water Discharge Permit approval. Chairman Pomeroy asked if the retention pond meets the 100 year storm engineering standard and Mr. Carson stated yes. Ed LaMontagne, 149 Waterbury Road asked what the elevation difference was between Route 69 and the proposed parking lot and Mr. Carson replied 100 feet. Mary Filippone, 145 Waterbury Road stated that she lives three houses away from the proposed development and asked what the hours of operation will be and stated concern about the noise. Mr. Carson stated that it will have typical banquet facility hours of operation - Friday nights will range from 6:00 p.m. to midnight; Saturdays from 11:00 a.m. to 1:00 a.m.; and Sunday afternoons from around 11:00 a.m. to 5:00 p.m. Mr. Carson stated that the facility may be open 365 days a year with possible Christmas parties and smaller group functions held on weeknights. Mr. Carson stated that while all functions will be held inside, there will be terraced areas outside which will be used for serving cocktails prior to going inside for the meal. Mr. Carson stated that there will not be any bands or dancing outside. Mr. Carson stated that due to the elevation of the facility and the way that sound waves work, he does not think the residents will be disturbed by any noise. Mrs. Filippone also asked when garbage would be picked up and when maintenance on the facility will be done. Mr. Carson stated that trash pickup and lawn maintenance will be done during normal weekday hours. Mrs. Filippone also stated concern over wildlife species on the endangered list that have been in her yard lately. Alberto Mimo, 55 Talmadge Hill Road, stated that while he is concerned about noise, he believes that the proposed facility is a better idea for the parcel than putting houses on it. Mr. Mimo stated that it will be an economic advantage for the Town and will not incur schooling costs and other expenses associated with houses. Mr. Mimo also stated that the property is a pine forest area and the species inhabiting this area will not be anymore affected than if houses were put up. If the property is landscaped correctly, it will actually favor some of the bird species in the area. J. Kaufman, 84 Clark Hill Road stated concern about light pollution from the facility and stated that he thought conifer trees should be used to absorb noise. Mr. Carson stated that the lighting plan submitted on the plans is a photometric plan and there will be no light spillage outside the limit of the parking area itself. Mr. Carson stated that the planting plan for the site calls for conifers to be planted along the perimeter of the property, on the sloped areas and along the rear service area. Mr. Carson also stated that in addition to sound absorption, the conifers are the desired choice for soil erosion and stabilization of slopes. Chairman Pomeroy stated that should this plan be approved there will not be any wells drilled as it will be supplied by public water from the Connecticut Water Company and would also be served by the Waterbury sewer system. Chairman Pomeroy stated that Prospect’s Water Pollution Control Authority has a sewer moratorium in place until July 23, 2010. Chairman Pomeroy further stated that the Planning & Zoning Commission has a limited time frame in which they need to make a decision on this application which is well in advance of the July 23, 2010 date and asked the applicant how they plan to deal with this issue. Mr. Carson stated that the applicant plans to extend the public hearing out as long as legally possible. Attorney Thomas Porzio, 625 Wolcott Street, Waterbury, CT appeared on behalf of the applicant and stated that he has been having extensive conversations with Carla M. Perugini-Erickson, Chair of the Prospect Water Pollution Control Authority, the attorneys for the Prospect WPCA, and the City of Waterbury trying to figure out a way around the moratorium. Attorney Porzio stated that initially the moratorium was put in place for residential purposes and that the applicant is pursuing a commercial project. Attorney Porzio stated that if the applicant is not able to work this out and comes up short on time, the applicant’s last resort would be to withdraw his application, wait for the moratorium to be lifted, and then re-apply. Mr. Carson reviewed and explained his letter dated 11/17/09 regarding his parking requirement analysis for the Villa Rosa Banquet Facility. Mr. Carson explained that he used the ratio of 1 parking space for every 2.5 guests based on maximum seating capacity as used by the Institute of Traffic Engineers. Mr. Carson further stated that the 1 parking space per 2.5 guest ratio is also the ratio used by the Connecticut State Traffic Commission. Mr. Carson further stated that the applicant is working to revise his plan in accordance with the suggestions made by the Public Works Department and Land-Tech. Mr. Carson stated that while all of the technical comments have been addressed, they have not finished addressing the detailed construction phasing and erosion control aspects of the plan as it is difficult without having the sewer plan in place. Attorney Porzio stated that he would like to communicate with Land Use Inspector Bill Donovan to calculate exactly how much time the applicants have in which to keep the public hearing open. Mary Filippone, 145 Waterbury Road asked the commission to consider if they would want this facility to be built right next to where they live. Chairman Pomeroy asked for any further questions or comments. Bill Donovan asked the applicant how they were going to handle snow management and Mr. Carson stated he would address snow management at the next meeting. G. Ploski stated that if the applicant goes forward and uses the additional lower level 7,000 square foot room the parking will need to be adjusted to include this extra room. Mr. Carson stated that there is a room on the lower level under the easterly banquet room which will be used as a cocktail area for a larger function occurring upstairs or to be used as a small meeting with 50 to 100 people that do not want to use one of the extremely large upstairs rooms. Mr. Carson stated that no matter what rooms are used, there will never be more than two functions going on at the same time. Chairman Pomeroy continued the public hearing until December 2, 2009 at 7:20 p.m.
Old Business:
a. Larry Farrell, 174 Summit Road - Pre-application review for change of non-conforming use. Mr. Farrell did not appear. G. Graveline asked that the commission review Zoning Regulations Section 2.4 Nonconformities.
b. Commission review of Zoning Regulations Section 4.11 Earth Excavation, Deposition and Regrading Activities. The commission held general discussion with Land Use Inspector Bill Donovan about the possibility of amending the Zoning Regulations Section 4.11. Earth, Excavation, Deposition and Regrading Activities.
c. Commission review of Zoning Regulations Section 5.4 Home Occupation - Special Permit Requirements. The commission held general discussion with Bill Donovan about the possibility of amending the Zoning Regulations Section 5.4 Home Occupation.
The commission held general discussion with Bill Donovan regarding Zoning Regulation Section 5.2.2 Private Garages, Detached.
Land Use Inspector’s Report:
Bill stated that he completed his draft of the Aquifer Protection Area regulations and handed copies out to the commission for their review. Bill further stated that the new APA regulations must be adopted by this commission, who has been appointed by the DEP as Prospect’s Aquifer Protection Area Agency, by the end of January 2010. Bill stated that the public hearing on the adoption of these regulations is scheduled for January 6, 2010 and asked the commission to please review the regulations before then. A. Delelle asked Bill to look into who is cutting trees on Town of Prospect owned land at Trotters Way and Cheshire Road and Bill responded that he did not know but would go out there and check in to it. Bill stated that he is almost finished drafting the Prospect Pages reminder article regarding canvas structures and asked the commission if they felt it would be best if the article was published after the holidays and the commission agreed. Motion by G. Ploski, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.
Public Participation:
J. Kaufman, 84 Clark Hill Road stated concern about the home being constructed at 180 Union City Road and the amount of dirt being left on Route 68. Mr. Kaufman stated that there is no anti-tracking pad in place at the site and that trucks with full loads are being left uncovered and are spilling dirt onto Rt. 68 and up Clark Hill Road which is causing a lot of silt on the trees and houses. Bill Donovan stated that he was aware of the situation and has tried contacting the owner of the house and has already placed a call to the DOT. Chairman Pomeroy asked Bill to proceed with a Cease & Desist Order.
Motion by A. Delelle, seconded by G. Ploski to go into Executive Session at 10:00 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. Motion by A. Delelle, seconded by G. Ploski to come out of Executive Session at 10:30 p.m. Unanimous.
Adjournment:
Motion by A. Delelle, seconded by G. Graveline to adjourn at 10:32 p.m. Unanimous.
Don Pomeroy, Chairman