December 16, 2009
Chairman Pomeroy called the meeting to order at 7:03 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, A. Havican, J. Crumb, G. Ploski
Alternates Present: G. Graveline, D. Santoro
Absent: Ed Miller (Alt.)
Approval of Minutes:
Motion by A. Havican, seconded by A. Delelle to approve the December 2, 2009 minutes. Unanimous.
Correspondence:
a. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter - Fall 2009
b. Council of Governments Central Naugatuck Valley - Notice of Upcoming Land Use Planning Seminars.
c. Water Pollution Control Authority - Notice of Upcoming Workshop - Development of Wastewater Facilities Plan
Motion by G. Ploski, seconded by A. Havican to approve the correspondence. Unanimous.
Public Participation: None
Public Hearings:
7:10 p.m. Giuseppe Geloso, 157 Waterbury Road - Special Permit Application for a Banquet Facility (continued from 10/21/09). David Carson, Managing Principal of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT appeared on behalf of the applicant. Mr. Carson stated that the applicant did not have any new plans to present tonight as they are still working on the detailed construction phasing and erosion control aspects of the plan which is difficult to do without having a sewer plan in place. Mr. Carson also confirmed what Commissioner Graveline stated at the last meeting that a State Traffic Control approval is required prior to the issuing of a building permit. Attorney Thomas Porzio, 625 Wolcott Street, Suite 21, Waterbury, CT appeared on behalf of the applicant and presented the commission with a letter dated 12/16/09 requesting an additional 35 day extension to complete this public hearing. Chairman Pomeroy read the applicant’s extension request letter into the record. Chairman Pomeroy asked for comments from the public or commission. With none, Chairman Pomeroy continued the public hearing until January 6, 2010 at 7:20 p.m.
Land Use Inspector’s Report:
Bill stated that the State of Connecticut Department of Environmental Protection and the Federal Emergency Management Agency (FEMA) is requiring Prospect to update their Flood Damage Prevention Regulations which were last updated in 1995. Bill further stated that this commission is the agency for Prospect who will oversee these regulations and suggested this commission begin to address this amendment process early in 2010. Motion by A. Delelle, seconded by G. Ploski to accept the Land Use Inspector’s Report. Unanimous.
Public Hearings: (continued)
7:20 p.m. Villa Rosa, LLC - Application for a proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit. Chairman Pomeroy read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on December 4th & 11th, 2009. Chairman Pomeroy read into the record the letter received from Carla Perugini-Erickson of the Prospect Water Pollution Control Authority dated 12/14/09 and a Referral letter dated 12/16/09 from Virginia Mason, Assistant Director of the Regional Planning Commission, Council of Governments of the Central Naugatuck Valley. Chairman Pomeroy also acknowledged receipt of the notifications of the public hearing to the abutting towns and the Council of Governments of the Central Naugatuck Valley. Dave Carson, one of the principals of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT and Attorney Thomas Porzio, 625 Wolcott Street, Suite 21, Waterbury, CT appeared on behalf of Villa Rosa, LLC and stated they have researched other towns’ requirements as to sanitary sewers. Attorney Porzio provided the commission with copies of excerpts regarding septic systems and sewage facilities from the zoning regulations for the Towns of Beacon Falls and Harwinton. Attorney Porzio stated that most other towns’ regulations call for some type of feasibility letter which is limited to availability and capacity with regulatory compliance subject to the submission of final plans for review and approval prior to the issuance of a building permit. Attorney Porzio further stated that some other towns’ zoning regulations do not even address the sanitary sewer issue at all. Mr. Carson provided copies to the commission of his letter dated 12/14/09 addressing comments made in the Town of Prospect’s Water Pollution Control Authority’s letter dated 12/14/09. Dave Carson also provided the commission with a copy of his letter dated 12/16/09 supporting the proposed amendment to Sec. 12.6 of the Prospect Zoning Regulations and thoroughly outlined this letter for the commission. Attorney Porzio stated that the applicant’s proposed amendment is not trying to bypass the WPCA and believes that this plan meets the Town’s Plan of Conservation and Development and the Regional Plan of Conservation and Development. Attorney Porzio stated that he plans to meet with the WPCA in the near future to come up with an agreeable modification to the applicant’s proposed amendment so the applicant may go forward with his banquet facility project without being tied up by the moratorium. Attorney Porzio also stated that if the applicant is not able to proceed with this project before the end of the moratorium, it is likely that they will not go forward with the project. Dave Carson stated that the applicant is on the Agenda for the WPCA meeting scheduled for 12/22/09. Mr. Carson further stated that the applicant fully recognizes that Prospect’s WPCA has the jurisdiction to issue a sanitary sewer permit but that Waterbury’s Water Pollution Control Authority is the only one who can decide if a connection to Waterbury’s sewer is feasible. Mr. Carson further stated that Waterbury’s Water Pollution Control Authority has reviewed the applicant’s plan and have acknowledged that their sewer system has capacity to accept this connection and they would be willing to modify their intermunicipal agreement with Prospect. G. Graveline stated that all required approvals need to be received before a building permit may be granted. Chairman Pomeroy stated that he does not believe that the Planning & Zoning Commission has a statutory right to require applicants to obtain permits from other agencies. Chairman Pomeroy asked for comments from the public. With none, Chairman Pomeroy continued the public hearing until January 6, 2010 at 7:30 p.m. and asked the commissioners to review all of the information received at this hearing prior to the next meeting.
New Business:
a. Toll Brothers - Regency at Prospect, 120 Scott Road - Application for a proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing. Chairman Pomeroy stated that Toll Brothers has submitted a proposed text amendment change application and the appropriate application fees. Attorney Edward Fitzpatrick, 203 Church Street, Naugatuck, CT appeared on behalf of Toll Brothers. Attorney Fitzpatrick stated that Toll Brothers’ application proposes to modify Prospect’s Zoning Regulations Section 4.1.7 Elderly Housing to include language of the Fair Housing Act that allows 20% percent of all units to be occupied by at least one person who is 50 years of age or over. Attorney Fitzpatrick reviewed the “existing” Section 4.1.7 and the proposed “new” Section 4.1.7 which includes additional Fair Housing Act language in subsections (a) through (f). He further stated that this application was prompted by the significant interest Toll Brothers has received from people between the ages of 50 and 55 years old. Attorney Fitzpatrick stated that this proposed amendment includes all of the necessary protections for the Town and will not affect Prospect’s Housing For Older Persons certification. Attorney Fitzpatrick stated that this age reduction has been done in other towns in similar complexes. A. Delelle asked if the current residents of Regency at Prospect have been notified of this application. Attorney Fitzpatrick stated that the residents will be notified and a meeting will be held but that Toll Brothers still has declarant control. Bill Donovan asked that the word “community” in subsections (b), (c), (e), and (f) be changed to “Common Interest Community” and the word “Board” in subsection (e) be changed to “Condominium Association Board” and Attorney Fitzpatrick agreed to make those changes. Motion by A. Havican, seconded by G. Ploski to accept the application from Toll Brothers - Regency at Prospect for a proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing. Unanimous. Motion by G. Ploski, seconded by A. Delelle to set a public hearing for January 6, 2010 at 7:45 p.m. for the application from Toll Brothers - Regency at Prospect for a proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing. Unanimous.
b. Bryan & Dana Sharkey, 12 Yales Farm Lane - Application For Earth Excavation, Deposition and Regrading Activities For More Than 400 Cubic Yards. Bryan Sharkey appeared and submitted his application for Earth Excavation, Deposition and Regrading Activities For More Than 400 Cubic Yards and paid the appropriate application fees. Mr. Sharkey stated that he brought in the fill in order to level off and extend his back yard and did not know he needed to acquire a zoning permit to do so. Motion by A. Havican, seconded by G. Ploski to accept the application from Bryan Sharkey, 12 Yale Farms Lane for Earth Excavation, Deposition and Regrading Activities For More Than 400 Cubic Yards. Unanimous. Bill Donovan stated that he received a complaint from a downstream neighbor concerned about large amounts of fill material being brought onto the Sharkey property and eroding down into the wetlands. Bill stated that upon investigation he observed large quantities of fill that had been brought onto the property without a permit and that the material itself had eroded down into the wetlands. Bill further stated that as the Inland Wetlands Agent he issued Mr. Sharkey a Cease & Restore Order to correct the problem and prevent any further intrusion of foreign materials into the wetlands and as the Zoning Enforcement Officer he issued Mr. Sharkey a Cease & Desist Order to stop any future hauling in of any materials until such time as he had made application to this commission. Bill stated that Mr. Sharkey appeared before the Inland Wetlands Commission on Monday evening and that Mr. Sharkey has already made significant improvements from the Wetlands point of view in that he contained the area with rows of staked hay bales and silt fencing. Bill further stated that the Inland Wetlands Commission asked Mr. Sharkey to place rye grass seed under erosion control mats to cover the bare materials and install further rows of silt fencing as needed. Chairman Pomeroy asked Mr. Sharkey how much material was brought in and Mr. Sharkey stated he was unsure. A significant amount of fill material was brought in from local properties which were receiving public water service while he was at work. Mr. Sharkey further stated that he recently brought in an additional 800 yards. Bill asked Mr. Sharkey if Chesprocott Health District has been made aware of the situation and Mr. Sharkey stated yes that he already has a time scheduled to meet with Lorraine from Chesprocott. After commission discussion, Motion by A. Havican, seconded by G. Ploski to approve the application from Bryan Sharkey, 12 Yale Farms Lane for the deposition of more than 400 cubic yards of earthen materials with conditions: 1) Additional earthen materials shall be required for filling in the badly eroded section of the embankment and for covering existing material with soils for suitable seed germination; 2) The applicant shall continually monitor the unstabilized earthen materials to ensure there will be no further erosion into the abutting wetlands and water course; 3) The Land Use Inspector shall make periodic inspections to ensure embankment is fully protected from unnecessary erosion and that all silt fence and other sediment control measures are functioning properly; and 4) Applicant shall comply with any additional erosion control measures as directed by the Land Use Inspector. Unanimous.
Old Business: None
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:04 p.m. Unanimous.
Don Pomeroy, Chairman