October 7, 2009
Chairman Pomeroy called the meeting to order at 7:02 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Havican, G. Ploski, J. Crumb
Alternates Present: G. Graveline, D. Santoro
Absent: A. Delelle, Ed Miller (Alt.)
Chairman Pomeroy seated D. Santoro for A. Delelle.
Approval of Minutes:
Motion by A. Havican, seconded by D. Santoro to approve the September 16, 2009 minutes. Unanimous.
Correspondence:
1. Letter from Bill Donovan, Land Use Inspector dated 10/7/09 regarding Prospect Estates LLC’s request for a bond reduction.
After commission discussion on Land Use Inspector Bill Donovan’s letter dated 10/7/09, Motion by A. Havican, seconded by D. Santoro to approve Prospect Estates LLC’s request for a reduction of the current bond amount of $50,000.00 by $31,150.00 leaving a remaining bond amount of $18,850.00. Unanimous.
Motion by J. Crumb, seconded by G. Ploski to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Town of Prospect, 36 Center Street - Request for approval for repair of Straitsville Road under Connecticut General Statutes §8-24. On behalf of Mayor Robert J. Chatfield, Bill Donovan presented the commission with a copy of the State of Connecticut, Department of Transportation’s Project Summary Report for the Reconstruction of a portion of Straitsville Road. Bill stated that the proposed project will replace approximately 2,000 linear feet of paving on Straitsville Road between Porter Hill Road and Lakeview Road. Bill stated that the American Recovery and Reinvestment Act of 2009 is part of the stimulus package and required the Department of Transportation to review the plan. Bill further stated that the DOT reviewed the plan and conducted bore tests and has recommended a full-depth reclamation of the pavement. Bill further stated that if the Planning & Zoning Commission approves this request, the Town of Prospect through the Council of Governments of the Central Naugatuck Valley, can proceed to apply for funds under the American Recovery and Reinvestment Act of 2009. Bill stated that the cost of construction for this project has been estimated at $311,000.00 and the Council of Governments of the Central Naugatuck Valley has allocated $310,998.00 of American Recovery and Reinvestments Act funds to this project. After commission discussion, Motion by G. Ploski, seconded by A. Havican to approve the request for approval for the repair of Straitsville Road under Connecticut General Statutes §8-24. Unanimous.
Chairman Pomeroy read into record the “Notice of Public Hearing” for the public hearings as they appeared in the Republican American on September 25th and October 2nd, 2009.
Public Hearing:
7:10 p.m. Patrick Riley, 7 Clark Hill Road - Special Permit Application for a Home Occupation: Collateral Recovery Business Office. Patrick Riley appeared before the commission and provided the commission with his proof of mailing receipts to his abutting neighbors. Mr. Riley stated that he wanted to use a 3’ x 3’ section of his living room to keep a fax machine for his repossession of equipment and motor vehicle business. Mr. Riley stated that he will be the only employee and that he would not have any customers or service providers coming to his home. Mr. Riley also stated that he will not have any signs or keep any commercial vehicles at his property. Mr. Riley stated that he drives an F-150 pick up truck which will be kept at his house but that his tow truck is left at a storage facility he rents in Waterbury. Chairman Pomeroy asked the public for comments. With none, Motion by G. Ploski, seconded by D. Santoro to close the public hearing on the application from Patrick Riley, 7 Clark Hill Road for a Special Permit for a Home Occupation: Collateral Recovery Business Office. Unanimous. Chairman Pomeroy read the Draft Special Permit Resolution of Approval into record and asked Mr. Riley if he had any questions on the draft resolution. With none, Motion by A. Havican, seconded by G. Ploski to approve the Special Permit Resolution of Approval for the Home Occupation Special Permit for Patrick Riley, 7 Clark Hill Road for a Collateral Recovery Business Office. 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.”
7:15 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. 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. Mrs. Graveline also stated that the plan can be viewed in its’ entirety on the Town’s website and a full color copy is also available for the public’s review in the Land Use Office of the Town Hall. Mrs. Graveline stated that the Town Council has reviewed this proposed plan and did not recommend any changes. Mrs. Graveline stated that the Council of Governments of the Central Naugatuck Valley has also reviewed the plan and have provided recommendations that have been incorporated into the plan. Mrs. Graveline reviewed some recently updated maps and text changes with the commission and gave a brief overview of the plan and explained the importance and benefits of having an Open Space Plan which included the Town’s ability to apply for grants to acquire Open Space, the ability to direct growth to areas that can support it, and to preserve the Town’s natural resources and use them wisely. Bill Donovan suggested and Mrs. Graveline agreed that a change should be made to the map entitled “Prospect Water Resource Areas” indicating that “Public Water Supply Watershed Areas” as shown on the map are those watersheds serving an active public drinking water supply. Bill stated that he would contact the Council of Governments directly to seek the change. Mrs. Graveline stated that she would be happy to answer any questions the public or the commission may have. Chairman Pomeroy asked for public comment. J. Crumb suggested and Mrs. Graveline agreed that a newspaper article will be placed in the Prospect Pages informing the public of the plan, where they can review it and that they are welcome to attend the public hearing for more information. B. Kathan, Treasurer of the Prospect Land Trust stated that he enthusiastically supports this plan and asked that protection of historic and architectural sites be added to the plan and provided a list of the Town’s Sesquicentennial Houses as identified by the Bicentennial Commission in 1976-1977. Mr. Kathan also suggested changing the name of “Roaring Brook Greenway” to the “10 Mile Brook Greenway” or Blue Trail Greenway”. A. Mimo, a member of the Open Space Planning Subcommittee stated that he agreed with Mr. Kathan and would work with him on adding historic and architectural sites into the plan. Chairman Pomeroy thanked Mrs. Graveline and the entire Open Space Plan Subcommittee for their time and tremendous effort that they put in to putting this plan together. Chairman Pomeroy stated that the public hearing will stay open in order to give the public more time to review the plan and continued the public hearing on the 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 and Commission until October 21, 2009 at 7:10 p.m.
New Business (continued):
b. Giuseppe Geloso, 157 Waterbury Road - Special Permit Application for a Banquet Facility. David Carson, Engineer and Managing Principal of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT appeared on behalf of the applicant. Mr. Carson presented the commission with a special permit application for a proposed banquet facility to be built on 157 Waterbury Road a 13-acre property located within a Business zone. Mr. Carson stated that he believes this development plan meets and exceeds the vision embodied in Prospect’s Plan of Conservation and Development for Prospect’s “front door” at the northerly end of Route 69 at the Waterbury/Prospect town line. Mr. Carson also presented the following documents to the commission: a site plan prepared by OCC Group, Inc.; a set of architectural drawings and seven schematic sheets prepared by The Sullivan Architectural Group; a Stormwater Management Analysis prepared by OCC Group, Inc.; and a Site Traffic Evaluation Study prepared by Bubaris Traffic Associates. Mr. Carson stated that the banquet facility will be accessed by a boulevard entrance drive leading from the high point of Murphy Road up to the center of the site. Mr. Carson stated that through the use of extensive, strategically placed retaining walls around the site, they have developed a terraced parking field in the southerly portion of the site providing access to the main entrance of the building. Mr. Carson stated that the facility is designed as a two function facility with two separate wings providing each event their own privacy and environment. Mr. Carson stated that there will be a central service area location on the lower level which will serve for deliveries, trash pick up and the like. Mr. Carson stated that there will be a stepped wall system with planting beds between the walls to accommodate grade changes. He further stated that the same approach will be used in the parking lot which will have linear islands between each parking bay stepping up in elevation which will all be landscaped. Mr. Carson stated that the property is currently unimproved with only a gravel road upon it which allows access to a radio tower on the top of the hill on the adjacent property. He further stated that if this plan is approved, it will require the need to relocate the current access drive to the radio tower. 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, Water Company property. Mr. Carson stated that he has been in contact with the City of Waterbury and the Water Company and they have acknowledged their willingness to grant an easement for grading and access rights across their property. Mr. Carson also stated that the applicants are aware of Prospect’s current sewer moratorium and stated that preliminary plans have been developed for connection via extension of Waterbury’s sewer main which presently ends at Bateswood Drive. The proposed extension will run up to the Prospect town line then cross into the subject property. He further stated that these plans have been preliminarily reviewed by the Prospect’s Water Pollution Control Authority and have also been submitted to Waterbury’s Water Pollution Control Authority who has acknowledged that their sewer system has capacity to accept this connection. Mr. Carson further stated that this project will take approximately two years to construct and believes that will be about the time when the sewer connection will be made. Mr. Carson stated that last week he and Jim Bubaris of Bubaris Traffic Associates met with Connecticut Department of Transportation and that this project will need a State Traffic Control permit because it has over 200 parking spaces and frontage on Rt. 69. 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 widening of Rt. 69 to provide for a bypass lane 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 the applicants are proposing to rebuild the intersection of Murphy Road and Rt. 69 by realigning the angle and lowering the grade at the base. Mr. Carson stated that storm drainage for the 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 stormwater systems discharge into the existing watercourse. 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 and sanitary sewers. Mr. Carson stated that the proposed banquet facility will be an extremely high end banquet facility and that the Geloso family is experienced restaurateurs who operate the Villa Rosa in Waterbury. D. Santoro asked if the plans call to widen Murphy Road and Mr. Carson replied that the plans do not currently call for the widening of Murphy Road but that is something that would be reviewed by the DOT and STC with the application. A. Havican asked if there are two events going on what the capacity of the building would be and Mr. Carson replied that there are 270 parking spaces and maximum occupancy of the building will be 580 people. Mr. Carson further stated that 450 people would be a reasonable expectation of the number of people if two large events were being held at the same time. Motion by D. Santoro, seconded by A. Havican to accept the application from Giuseppe Geloso, 157 Waterbury Road - Special Permit Application for a Banquet Facility and set a public hearing for October 21, 2009 at 7:20 p.m. Unanimous.
Old Business:
a. 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. Chairman Pomeroy stated that this discussion will continue at the next meeting.
b. 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. Chairman Pomeroy stated that this discussion will continue at the next meeting.
Land Use Inspector’s Report:
Bill Donovan stated that in accordance with the commission’s repeated requests for an updated site plan, a manager for the owner of 69 Waterbury Road dropped off a document for the commission’s review. After commission review and discussion, the commission stated that they do not consider this document an adequate site plan as it lacks the necessary details. Chairman Pomeroy asked Bill to contact the owner of 69 Waterbury Road and show him an example of a site plan the commission has approved in the past. Bill informed the commission that in response to complaints from residents of a strong septic odor, Lorraine from Chesprocott Health investigated and did testing which found a grey water leak discharging into a wetlands coming from the Boulder Brook Condominiums. Bill stated that upon notification the Boulder Brook Homeowners Association immediately hired Prospect Sanitation who found a cracked valve in the 3’ forced sewer line running to Naugatuck and that the leak was repaired by replacing the cracked valve with a solid pipe. Bill stated that he contacted the Department of Environmental Protection who advised him to allow the wetlands to purify the area naturally. G. Ploski stated that at the last meeting the commission was presented with a Preliminary Site Plan Review for the Re-development of 39 - 41 Waterbury Road and asked Bill if this should require a special permit or if the Zoning Board of Appeals should be involved due to the non-conformity in that they are changing the footprint. Bill stated that under our current regulations there is no allowed use for apartment buildings. Bill further stated that this application is to enhance an existing non-conforming use that will also reduce certain non-conformities on the property. Bill stated that the Planning & Commission will be the deciding body. Motion by A. Havican, seconded by G. Ploski to accept the Land Use Inspectors Report. Unanimous.
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:25 p.m. Unanimous.
Don Pomeroy, Chairman