August 5, 2009
Chairman Pomeroy called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Havican, G. Ploski, J. Crumb
Alternates Present: D. Santoro
Absent: A. Delelle, G. Graveline (Alt), Ed Miller (Alt.)
Chairman Pomeroy seated D. Santoro for A. Delelle.
Approval of Minutes:
Motion by A. Havican, seconded by G. Ploski to approve the July 15, 2009 minutes as amended. Unanimous.
G. Graveline arrived at 7:04 p.m.
Correspondence: None
Public Participation: None
Old Business:
a. Joseph K. Skrip, 25B Gramar Ave. - Special Permit Application - Four Wheel Drive Truck Customizing & Restoring and Used Car Dealership. Chairman Pomeroy read Land Use Inspector Bill Donovan’s draft Resolution of Approval in to the record and asked for any comments from the commission. With none, Motion by D. Santoro, seconded by A. Havican to approve the Special Permit Application submitted by Joseph K. Skrip, 25B Gramar Avenue for a Four Wheel Drive Truck Customizing & Restoring and Used Car Dealership. Unanimous. The Chairman stated that “In granting the above Special Permit, the Planning & Zoning Commission of the Town of Prospect wishes to state upon the record that in the Commission’s judgment, the subject business complies with the criteria set forth under Section 12.10 Special Findings of the Prospect Zoning Regulations”.
Public Hearings:
7:10 p.m. Elaine Schieffer, 133 Cook Road - Application for a 1-lot Re-subdivision (continued from 7/15/09) Attorney Warren Hess, 180 Church Street, Naugatuck, CT and Land Surveyor Paul Reynolds of Stonewall Boundaries appeared on behalf of the applicant. Attorney Hess stated that the applicant did not have any new information to submit and asked the commission if they had any concerns with the proposed plan as the applicants are willing to be flexible. Chairman Pomeroy stated that at the last meeting Attorney Hess stated that as a result of the Planning & Zoning Commission withdrawing their lawsuit against the Zoning Board of Appeals the three variances granted by the Zoning Board of Appeals are legal. Chairman Pomeroy stated that the Planning & Zoning Commission withdrew the lawsuit after the Zoning Board of Appeals acknowledged during their November 2008 meeting that they did not have the authority to grant a variance of the subdivision regulations. Chairman Pomeroy further stated that if the Planning and Zoning Commission votes to approve this application it should be on the basis of a waiver of the regulations as the Planning and Zoning Commission does not recognize the Zoning Board of Appeals’ variances to the subdivision regulations as legal. Attorney Hess stated that the surrounding neighbors who are the people most affected by this application are in support of the application. G. Graveline asked if Lots 1 and 2 are fee simple strips that run out to Cook Road and if any property line adjustments had been made. Mr. Reyonlds responded yes to the fee simple strip question and stated that there have not been any property line adjustments made. Bill asked what the narrowest point of the driveway measures and Mr. Reynolds responded 27.34-feet. Bill suggested that if this application is granted a deed should be executed in which Mrs. Schieffer would create a common driveway with each lot having passway rights over the other in order to keep the two driveways physically separate in the future. Bill asked Mrs. Schieffer’s daughter, Amy, whether Mrs. Schieffer would be granting or selling the lot to her and Amy responded that it will be granted to her as a wedding gift. Bill further stated that if the lot is transferred to Amy by her mother for “no consideration” the requirement of a fee in lieu of open space would not apply. Chairman Pomeroy asked for comments from the public. With none, Motion by A. Havican, seconded by G. Ploski to close the public hearing on the application from Elaine Schieffer, 133 Cook Road for a 1-lot re-subdivision. Unanimous. Chairman Pomeroy read the draft Resolution of Approval in to the record and asked for comments from the commissioners. With none, Motion by G. Ploski, seconded by J. Crumb to approve the application and Resolution of Approval as presented for Elaine Schieffer, 133 Cook Road for a 1-lot re-subdivision. Unanimous.
7:20 p.m. Proposed Revisions to the Prospect Zoning Regulations and Subdivision Regulations (continued from 7/15/09). Land Use Inspector Bill Donovan briefly outlined the proposed remaining changes. Chairman Pomeroy asked for comments from the public. With none, after commission discussion, Motion by G. Ploski, seconded by A. Havican to approve the proposed amendment to Section III. Design & Construction of Streets - A. Planning and Design (7) of the Subdivision Regulations. Unanimous. Motion by A. Havican, seconded by G. Ploski to approve the proposed amendment to the Definition of Open Space of the Zoning and Subdivision Regulations. Unanimous. Motion by A. Havican, seconded by G. Ploski to approve the proposed amendment to eliminate Section 6.11.1.4 of the Zoning Regulations. Unanimous. Motion by A. Havican, seconded by G. Ploski to reinstate Section 6.11.1.4 of the Zoning Regulations to read “No driveway access to a rear lot shall exceed 750 feet in distance as traveled by vehicle”. Unanimous. Motion by A. Havican, seconded by J. Crumb to eliminate the word “rear” from Section 6.11.1.4 of the Zoning Regulations. Unanimous. Motion by A. Havican, seconded by D. Santoro to amend Section 6.11.1.4 of the Zoning Regulations to read “No driveway access onto a lot shall exceed 750 feet in length from street line to the primary structure”. Unanimous. Motion by D. Santoro, seconded by J. Crumb to amend Section 6.11.1.6 to reduce the sight distance for driveways where they intersect the street from 200-feet to 150-feet. Unanimous. Motion, by A. Havican, seconded by J. Crumb to close the public hearing on Proposed Revisions to the Prospect Zoning Regulations and Subdivision Regulations. Unanimous. Motion by A. Havican, seconded by G. Ploski to set an effective date of September 15, 2009 for Subdivision and Regulation Revisions adopted on the July 15, 2009 and August 5, 2009 meetings. Unanimous.
Land Use Inspector’s Report:
Bill reported that he had sent a letter out to the property owners of 33 Waterbury Road in response to complaints about the number of vehicles for sale at the property. Bill stated that in the letter he asked the property owners to contact him or come to a Planning & Zoning Commission meeting to discuss who owned the vehicles that are being sold from the property. Bill further stated that as of today, the car was gone. Chairman Pomeroy asked Bill to look into 89 Waterbury Road as he has noticed commercial vehicles and trailers on the property as well as a boat on top of a trailer parked very close to the road. Motion by G. Ploski, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 8:35 p.m. Unanimous.
Donald Pomeroy, Chairman