April 15, 2009
Chairman Pomeroy called the meeting to order at 7:02 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, A. Havican, Jack Crumb
Alternates Present: D. Santoro, G. Graveline (arrived at 7:05 p.m.)
Absent: G. Ploski, Ed Miller
D. Santoro was seated for G. Ploski.
Approval of Minutes:
Motion by A. Havican, seconded by A. Delelle to approve the April 1, 2009 minutes. Four votes in favor (A. Delelle, A. Havican, J. Crumb, D. Santoro), one vote to abstain (D. Pomeroy). Motion carries.
Correspondence:
1. Chesprocott Health District letter dated 4/6/09 re: 99 Union City Road.
2. State of Connecticut, Department of Environmental Protection correspondence dated 4/1/09
re: Regional School District #16.
3. Scott Poryanda, PE, Connecticut Consulting Engineers letter dated April 14, 2009
re: 99 Union City Road.
Chairman Pomeroy read into the record the correspondence received from the Chesprocott Health District dated April 6, 2009 and Scott Poryanda, PE dated April 14, 2009 and stated that these letters will be added to the Site Plan Application for 99 Union City Road.
Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation:
Mike Rollo, 6 Spring Road stated concerns with regard to Capital Heavy Hauling, LLC operating a quarry in Naugatuck on the Naugatuck/Prospect line which is accessed via a shared driveway easement on Prospect property located at the corner of Spring Road and 181 Union City Road which is directly adjacent to his property. Mr. Rollo stated that this operation has been running for about two years and it has now grown to the point where he has quarry customers driving in and out of his shared residential driveway to buy commercial products. Mr. Rollo stated that in addition to bringing materials out of the quarry, there are also large trucks hauling topsoil in for retail sale. Mr. Rollo stated that Capital Heavy Hauling, LLC recently published a full page advertisement in the newspaper which advertises materials that are not quarried at the location but are brought in for commercial sale. Mr. Rollo stated that his driveway is ruined and that a large commercial sign for the quarry has been placed on a tree at the end of his driveway. Mr. Rollo also stated that the large trucks start going in and out of the driveway at 6:30 a.m. and run until 7:00 p.m. sometimes having trucks backed up waiting in line all the way up the shared driveway and spilling over onto Spring Road whereby blocking his family from getting in or out of their driveway. Mr. Rollo stated that he has heard that the Department of Transportation has granted Capital Heavy Hauling a road cut onto the Naugatuck side of Route 68 to become the main entrance to the quarry but as of today no road or bridgework is happening. Mr. Rollo stated that he believes this quarry is operating illegally as it was shut down by the Town of Prospect back in the 1960’s and provided the commission with various documents that he has found during his research. Mr. Rollo also stated that Spring Road has been greatly damaged by the volume of large trucks repeatedly traveling over it and asked the commission to contact the Inland Wetlands Commission so they may do a site walk to see the damage to the v-gully next to the driveway that the Inland Wetlands Commission enforced the prior owner of 181 Union City Road to create last year. Jean Reilly, 179 Union City Road stated that she has lived in her home for 33 years and there wasn’t any quarry activity going on in all of the years she has lived there until Capital Heavy Hauling came in about two years ago. Mrs. Reilly stated concern over the large volume of trucks coming in and out of the quarry and stated that gravel is being spilled making a mess of Spring Road. Mr. Rollo stated that he has been in contact with Land Use Inspector Bill Donovan who has written to James Warren, the owner of Capital Heavy Hauling, asking Mr. Warren on what legal basis he is allowed to utilize a portion of residential property in Prospect for a commercial/industrial operation in Naugatuck. Mr. Rollo stated that Mr. Donovan never received a response to that letter. Bill Donovan stated that as the Inland Wetland Enforcement Officer, he would advise the Inland Wetland Commission of Mr. Rollo’s concern. Bill also stated that he believes that this questionable legal non-conforming use may also have illegally expanded its operation. After discussion, the commission instructed Bill to look into this matter further and to seek a legal opinion if necessary. The commission also instructed Bill to keep Mr. Rollo updated as to his progress on the matter.
New Business:
a. Theresa Graveline & Alberto Mimo, Prospect Open Space Purchase Advisory Committee -presentation of Open Space Plan. Al Delelle, a member of the Prospect Open Space Purchase Advisory Committee, provided the commission with draft copies of the Open Space Plan and asked them to review the draft and prepare any questions they may have for Theresa Graveline & Alberto Mimo who will formally present the plan to the commission at the next meeting on May 6th. Al stated that it is the Town’s goal to incorporate the Open Space Plan into the Town’s Plan of Conservation and Development.
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). Roland Desrosiers, Land Use Planner and Surveyor, appeared on behalf of the applicants and stated that he attended a meeting late last week with Land Use Inspector Bill Donovan, Gene McCarthy of the Town’s Public Works Dept., and the Town’s consulting engineer Scott Poryanda. Mr. Desrosiers stated that as a result of that meeting, he will be making numerous revisions to the site plan and hopes to be able to present a revised site plan at the next meeting. Mr. Desrosiers stated that the applicants are requesting an extension of time on the public hearing. In response to Chesprocott’s letter dated 4/6/09 (see correspondence), Mr. Desrosiers introduced James Regan of 946 Prospect Street, Naugatuck who stated that he has been in the well drilling and water pump business for 50 years and that in his opinion and the opinion of his colleague, John Sima of Cheshire, the proposed excavation for this site plan will not impact the existing wells on Cedar Hill Drive. Mr. Regan explained that the Cedar Hill Drive wells are “drilled” wells 330 to 350 feet deep into the bedrock which gives water through cracks and crevices. Mr. Regan stated that the casings on these wells are 190 to 220 feet deep and that the proposed excavation of earth would not affect the existing wells. A. Delelle asked if blasting boulders on the site would impact the wells. Mr. Regan responded that he believed if any blasting was done in the area the charge would be absorbed by the surrounding sand and gravel and would not affect the wells. Chairman Pomeroy asked Mr. Regan if he was a certified hydrologist. Mr. Regan responded that he was not. Brian Reilly, 14 Cedar Hill Drive stated concern that 90% of the Cedar Hill Drive wells were hand dug in the 1950’s and rely heavily on surface water and that the wells are not all as deep as Mr. Regan stated. Jim Blake, 2 Cedar Hill Drive stated that his well pump is set 100 feet deep and that in the 40 years that he has lived in his home, he has never run out of water and has never had to use a filter. Mr. Blake stated that while he understands that someone can build on the 99 Union City Road property according to the Regulations, his water is perfect now and he expects it to remain that way and asked who will be responsible if all of a sudden his well fails. Mr. Desrosiers stated that this is a site plan application not an earth excavation application and that a hydrologist was only a recommendation by Chesprocott and that in his experience if the applicants do hire a hydrologist their 6 to 10 page report would not give any more information than what Mr. Regan provided the commission. Mr. Desrosiers stated that he would obtain copies of the Cedar Hill Drive well reports that are available from Chesprocott and provide them to the commission at the next meeting. Mr. Desrosiers also reported that in accordance with J. Crumb’s suggestion, the applicants met with the Reilly’s who provided a sketch of what they wanted done in the buffer and Mr. Desrosiers stated that he will include this in his revised site plan which he hopes to have for the next meeting. Mr. Desrosiers further stated that since the last meeting he had tried locating trees and denoting the boundary line of abutting Cedar Hill properties but was having difficulty due to trash and debris that extends 35’ in from the rear of some of the properties on Cedar Hill Drive and onto 99 Union City Road. Mr. Desrosiers asked if Bill Donovan and at least one commissioner would walk the Cedar Hill Drive property boundary line with him to view the extent of the situation. Bill, J. Crumb and D. Santoro stated that they would make themselves available for a site walk. Mr. Desrosiers also responded to each of the numbered questions/concerns which were outlined in Chairman Pomeroy’s two e-mails dated 3/31/09 which had been given to the commissioners for their review at the last meeting. Mr. Desrosiers stated that he will try to get updated plans to Mr. Poryanda, Gene McCarthy and to the Land Use Office for distribution to the commission members a week or so before the next meeting so they will have time to review the updated plans. D. Reilly, Tress Road stated concern about this project becoming a multi-year mining operation and without a proper buffer zone will detract from the value of the surrounding properties. Mr. Reilly also stated concern over the proposed 100’ embankment at a 2:1 slope which will be difficult to maintain and what it will look like in the future. Mr. Reilly further stated concern about the amount of dirt and rocks that are being excavated on the site and stated that he supports a bond on the project in case it is ever left in an unsafe condition. Motion by A. Havican, seconded by D. Santoro to continue the public hearing on the Site Plan Application from Industrial Storage, LLC, 99 Union City Road to May 6, 2009 at 7:30 p.m. Unanimous.
Old Business: None
Land Use Inspector’s Report:
Bill reported that a few more sandwich board signs have gone up on Route 69 and stated that he believes that due to the economy the small business owners are trying to generate a little more business. Bill mentioned that at the last meeting under public participation, Marie Kluge had asked the commission to be a little more business friendly especially during this economic downturn. Bill asked the commission, that due to the unique circumstance of the current economy, would the commission be of the mind to be a little more flexible with the signage regulations for a few months and allow businesses an occasional extra sign. After discussion, the commission decided that, keeping safety in mind, Bill will be allowed to make the judgment call as to what will be allowed as far as additional signage in the business zone. Bill also stated that Jeff Slapikas has requested his first bond reduction on his Knollwood Place subdivision off of Candee Road. Bill stated that the drainage and detention basins have been finished and that he and Gene McCarthy will sit down together and come up with a reduction request figure for the next meeting. Chairman Pomeroy provided Bill with pictures he had taken during the weekend of April 11, 2009 of large commercial vehicles located at 59 Plank Road and 143 Plank Road. Chairman Pomeroy stated that commercial vehicle violations have been an ongoing problem at one of these two properties and asked Bill to look into this matter further. Motion by J. Crumb, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
Adjournment: Motion by A. Havican, seconded by D. Santoro to adjourn at 8:39 p.m. Unanimous.
Donald Pomeroy, Chairman