April 1, 2009
Vice-Chairman Delelle called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: A. Delelle, A. Havican, Jack Crumb
Alternates Present: G. Graveline, D. Santoro
Absent: Donald Pomeroy, G. Ploski, Ed Miller
G. Graveline was seated for G. Ploski. D. Santoro was seated for Donald Pomeroy.
Approval of Minutes:
Motion by A. Havican, seconded by G. Graveline to approve the March 18, 2009 minutes. Four votes in favor (A. Delelle, A. Havican, J. Crumb, G. Graveline), one vote to abstain (D. Santoro). Motion carries.
Correspondence:
1. Connecticut Water Company letter dated March 27, 2009 re: 99 Union City Road.
2. Scott Poryanda, PE, Connecticut Consulting Engineers letter dated April 1, 2009 re: 99 Union City Road
3. Lorraine DeNicola, Chesprocott Health District letter dated April 1, 2009 re: 99 Union City Road.
Vice-Chairman Delelle noted for the record that the correspondence received from the Connecticut Water Company dated 3/27/09, Connecticut Consulting Engineers dated April 1, 2009 and Chesprocott Health District dated April 1, 2009 will be added to the Site Plan Application for 99 Union City Road.
Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation:
Vice-Chairman Delelle, who is also a member of the Prospect Open Space Purchase Advisory Committee, gave the commission a brief update on the progress on the Open Space Plan. Vice-Chairman Delelle stated that the Plan will be presented to the Town Council on April 7th and then will be presented the Planning & Zoning Commission for their review and to begin the public hearing process to have the Open Space Plan incorporated into the Town’s Plan of Conservation and Development.
New Business: None
Public Hearing:
7:10 p.m. Industrial Storage, Et Al, Linda M. Ploski, Trustee, 99 Union City Road - Site Plan Application. (continued from 3/18/09) Attorney Edward Fitzpatrick and Roland Desrosiers, P.E. appeared on behalf of the applicants. Mr. Desrosiers presented the commission with the following: Connecticut Water Company’s letter dated 3/23/09; photocopy of the proposed above ground storage tank - convault on Leased Area 5; photocopy of the proposed self-storage buildings on Leased Area 2; an updated detail sheet adding the large reverse slope bench (retaining wall) at Leased Area 4; and an updated site plan dated 3/24/09 which shows calculated volumes of construction areas and notes: “ All uses within the A.P.Z on this site shall conform to Prospect Zoning Sec. 4.17.6 thru 4.17.10”. Mr. Desrosiers stated that testing was performed by Chesprocott Health District on Leased Area 5 to determine if there are suitable soils for a septic system and stated that according to Chesprocott’s letter dated 4/1/09 the soils are adequate. J. Crumb asked Mr. Desrosiers if septic systems have been located. Mr. Desrosiers stated that there is a proposed system on Leased Area 5; Leased Area 2 does not require a system and right now only grading is proposed for Leased Area 4. J. Crumb stated concern that according to Chesprocott’s letter dated 4/1/09, if all the suitable soils are removed from Leased Area 4, it may not be possible to site a system. Attorney Fitzpatrick stated Leased Area 4 may just be dry storage and not need a system and this is the applicants’ own risk but is not part of this application. J. Crumb asked if any soil borings had been done. Mr. Desrosiers stated that there have not been any borings done because the soil types do not indicate bedrock. Vice-Chairman Delelle read into record Chairman Pomeroy’s list of questions and concerns dated 3/31/09 and gave a copy of the list to the applicants’ attorney so they may respond to these items at the continuation of this public hearing on April 15th. D. Reilly, 35 Tress Road reiterated his parents and other Cedar Hill residents’ concern over the proposed plantings in the buffer zone stating the need for additional trees including 30% of multiple evergreen varieties to protect the neighbors from unsightly vehicles, dynamite testing, dust, noise, etc. J. Crumb suggested that the applicants and the neighbors sit down together and work out an agreement as to the plantings in the buffer zone. Attorney Fitzpatrick stated that the applicants would be agreeable to such a meeting and that the applicants would provide a more detailed plan of the plantings in the buffer zone at the next meeting. Bill Donovan asked about the chain link fence which in shown in Leased Area 2 as being within the 100 ft. buffer zone and stated concern that ultimately storage will be kept between the back of the buildings and the fence. Mr. Desrosiers stated that he will revise the plan to take the fence out of the 100 ft. buffer. G. Graveline asked for clarification that this current application is for one large parcel of land known as 99 Union City Road and that Leased Area 2 will have storage unit buildings on it and an office/storage building will be built on Leased Area 5 using Mr. Gallagher’s temporary storage units which will be put together to form a 30’ x 110’ permanent building. G. Graveline also asked if any architectural plans were submitted for the building on Leased Area 5. Mr. Desrosiers stated that Mr. Gallagher will provide architectural plans for his proposed building on Leased Area 5 before the next meeting. Bill Donovan asked if there will be an alarm system on the storage buildings on Leased Area 2. Mr. Desrosiers stated that there will not be an alarm or any lighting as Leased Area 2 will be closed at night and will not have electricity. Bill also stated concern over Leased Area 4 about not having assurance that the proposed “Stormtech” storm management system will work without knowing if there will be ledge when digging begins. Mr. Desrosiers stated that if they should hit ledge when digging they would need to look for a different area to put the system in. J. Crumb asked how long it will take to move all of the surplus soil off of the property. Mr. Desrosiers stated that it would take 3 to 4 years to get to final grade. Bill suggested that the applicants will need an Earth Excavation permit in order to move that quantity of earthen materials off of the property. Mr. Desrosiers stated that the calculated volume of earth to be taken off of each Leased Area has been added to the site plan and therefore if the commission approves this application it will include the approval of the zoning permit for the excavation. Bill stated that the regulations allow the commission to require a separate earth excavation permit that expires in two years and then may be renewed by the commission if the applicants request a renewal and the commission agrees. Bill also stated that the Town’s consulting engineer, Scott Poryanda, recommended that a meeting be set up between himself, Mr. Desrosiers, Gene McCarthy and Bill Donovan to go over the plans before the next meeting. D. Reilly, 35 Tress Road stated concern over the massive excavation or mining operation to be done on Leased Area 4 without a building plan. Mr. Desrosiers stated that this application calls for just grading on Leased Area 4. G. Graveline asked Bill about a surety bond in the event that the project is not completed. Bill strongly suggested that the commission consider a surety bond for public health and safety, erosion and sedimentation control, and the potential impact on surrounding properties. Bill suggested that an agreeable bond figure can be worked up by Scott Poryanda or Gene McCarthy with input from Mr. Desrosiers. Vice-Chairman Delelle continued this public hearing to April 15, 2009 at 7:10 p.m. Unanimous.
Old Business:
a. Toll Brothers - Regency at Prospect, 120 Scott Road - modification of allowed signage. Dan Walton, Project Manager for Toll Brothers appeared and asked the commission to modify the allowed signage at Regency at Prospect. Mr. Walton stated that currently there are two 4’ x 8’ approved signs, one located at each of the entrances on the project, and that Toll Brothers would like to be allowed to take down the two 4’ x 8’ approved signs and replace them with two 12’ x 2.5’ flag type signs. Mr. Walton provided the commission with pictures of the proposed flag type signs. Bill Donovan mentioned that additional flag type signs had previously been placed along Scott Road in violation of Toll Brothers’ special permit and upon Bill’s asking, were immediately taken down. Mr. Walton also asked the commission about Regency’s additional flag type signs inside the complex and after discussion, the commission stated that such additional signs inside the complex are of a directional/advertising nature on private roads and are not in violation of the special permit. Motion by G. Graveline, seconded by A. Havican to modify the allowed signage at Regency at Prospect located at 120 Scott Road. Unanimous. In accordance with Toll Brothers’ special permit, Mr. Walton gave the commission a yearly update on the project wherein he stated that while the economy has slowed sales over the past few months, sales are now picking up. Mr. Walton stated that a total of 73 units are sold with 56 of the units already occupied. Mr. Walton stated that Toll Brothers recently started a few new sales programs including a “staging” program which helps buyers in contract sell their current homes more quickly. Mr. Walton also stated that the clubhouse opened last month and outdoor amenities such as the bocci courts and a putting green will be opening later this Spring.
Land Use Inspector’s Report: Bill Donovan reported to the commission that his office is continuing work on sign violations along Rt. 69. He also stated that he has spoken to Town Attorney Jennifer Yoxall who indicated that she may want to have a follow up Special Meeting regarding the DiLoreto Appeal matter and that she is waiting for a return phone call from the DiLoreto’s attorney. Motion by J. Crumb, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation:
Marie Kluge, 15 Kluge Road asked the commission to review and amend the signage regulations in order to help the small business owners in Town.
Adjournment:
Motion by A. Havican, seconded by D. Santoro to adjourn at 8:25 p.m. Unanimous.
Alexander Delelle, Vice Chairman