P&Z Minutes - September 16, 2009

Planning & Zoning

Approved Minutes

September 16, 2009

Chairman Pomeroy called the meeting to order at 7:01 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 September 2, 2009 minutes. Unanimous.

Correspondence:
a. Council of Governments, Central Naugatuck Valley - May 5, 2009 Meeting Minutes.
b. State of Connecticut, Department of Environmental Protection - 2009 Municipal Aquifer Protection Agency Training Program.
c. The Connecticut Water Company - Water Diversion Permit.

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

Public Participation: None

Old Business: None

Public Hearing: None

New Business:
a. Patrick Riley, 7 Clark Hill Road - Special Permit Application for a Home Occupation: Collateral Recovery Business Office. Mr. Riley appeared before the commission and stated that he would like to use a portion of home for an office for his collateral recovery business. Mr. Riley stated that this office will be for a fax machine only and that he rents a 15,000 sq. ft. storage area in Waterbury where he brings the vehicles which he repossesses. Mr. Riley stated that he will not have any commercial vehicles, outdoor storage or signs at the property. Chairman Pomeroy asked Mr. Riley if he will be the only employee. Mr. Riley stated that he will be the only employee and it is a part time job as he works full time for The City of Waterbury. With no further comment, Motion by A. Havican, seconded by G. Ploski to accept the application from Patrick Riley, 7 Clark Hill Road - Special Permit Application for a Home Occupation: Collateral Recovery Business Office. Unanimous. Motion by A. Havican, seconded by G. Ploski to set a public hearing on the Special Permit Application for a Home Occupation: Collateral Recovery Business Office from Patrick Riley, 7 Clark Hill Road for October 7, 2009 at 7:10 p.m. Unanimous.

b. Stephen Giudice, L.S., Harry E. Cole & Sons - Preliminary Site Plan Review for Re-development of 39 - 41 Waterbury Road. Stephen Giudice, principal, Harry E. Cole & Sons appeared before the commission for a preliminary review of a proposed site plan for the re-development of 39-41 Waterbury Road. Mr. Giudice stated that this 3.17-acre property consists of 19 non-conforming apartments all of which are in very bad repair. Mr. Giudice stated that he was contacted by the owner of the property, Lombard Group, LLC, who is looking to redevelop and improve the property. Mr. Giudice presented the commission with a copy of his proposed site plan and explained that his plan proposes to raze all of the existing buildings including foundations, and construct 6 new buildings with a total of 12 units thereby reducing the existing non-conformities. He further stated that the new units will not have basements - the first floor will have a single garage and storage area - the second floor will have a living area, bathroom and kitchen - the third floor will have two bedrooms and a bathroom. Mr. Giudice stated that he is aware of the 35’ maximum building height requirement and it would not be an issue. Mr. Giudice stated that the proposed buildings will utilize public water and septic. He further stated that he has been working with Chesprocott Health District and that all existing septic systems will remain and be utilized with modifications to the tanks and pipes and that there is a designated reserve area in case of future septic failure. He further stated that Chesprocott will require that the two existing wells on the property and the adjacent well located on the Webster Bank property be abandoned. Mr. Giudice stated that the he has made a great effort to maintain the topography of the property and reduce impervious surfaces to reduce the overall impact of water runoff to offsite properties. Land Use Inspector Bill Donovan stated that the property owner has the right to rebuild in the same location and that he believes that the proposed units will be more code compliant with current Building and Fire Codes and by building the new units closer to the center of the property will increase current sideline distances reducing the non-conformity. Mr. Giudice thanked the commission for their time and stated that a copy of the proposed site plan is in Bill Donovan’s office if they would like to review it and make suggestions. Mr. Giudice stated that the property owner would like to start this project next Spring so he hopes to present an application to the Planning and Zoning Commission in the near future.

c. 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.

d. Aquifer Protection Area - Level A mapping designation on Zoning Map. Bill Donovan stated that on June 30, 2009 the State of Connecticut Department of Environmental Protection approved the Level A, final, Aquifer Protection Area mapping for the Connecticut Water Company’s Indian Field Well Field. Bill further stated that in order to comply with the Connecticut General Statutes, the Planning & Zoning Commission must establish the Aquifer Protection Area Boundary on the town’s zoning map by November 2009. Bill provided the commission with an updated zoning map which now includes the Level A Indian Field Aquifer Protection Area. Bill stated that while a public hearing is not required to delineate the Level A Aquifer Protection Area Boundary on our zoning map, the Planning & Zoning Commission needs to acknowledge the updated zoning map, set an effective date, and publish a legal notice in the newspaper. Bill stated that the updated Level A Aquifer Protection Area has significantly shrunk the area encompassed by the existing Level B mapping of the Aquifer Protection Area and now only includes residential properties, the O & G Quarry, and one industrial property. After discussion, Motion by A. Havican, seconded by J. Crumb to acknowledge the location of the Indian Field Aquifer Protection Area - Level A on the Zoning Map and set an effective date of October 1, 2009. Unanimous.

Land Use Inspector’s Report:
Bill reported to the commission that the owners of 23 Old Schoolhouse Road had come in and received their permits for their two decks. Bill also stated that the commercial vehicles parked at 105 Salem Road have been moved. G. Ploski asked Bill if the owner of 69 Waterbury Road had ever brought in an updated site plan as had been requested by the commission. Bill responded that he had not and that he would contact the owner again and would ask him to come to a Planning & Zoning meeting for discussion. Motion by A. Delelle, seconded by G. Ploski to accept the Land Use Inspectors Report. Unanimous.

Public Participation: None

Adjournment:
Motion by A. Havican, seconded by J. Crumb to adjourn at 8:31 p.m. Unanimous.

Don Pomeroy, Chairman