December 2, 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, J. Crumb
Alternates Present: G. Graveline
Absent: G. Ploski, D. Santoro, Ed Miller (Alt.)
Chairman Pomeroy seated G. Graveline for G. Ploski.
Approval of Minutes:
Motion by A. Delelle, seconded by J. Crumb to approve the November 18, 2009 minutes. Unanimous.
Correspondence: None
Public Participation: None
Land Use Inspector’s Report:
Bill Donovan stated that the new Level A Aquifer Protection Area that went into effect on the Zoning Map on October 1, 2009 has been incorporated by the Council of Governments and is now on the “State Plan Map - Prospect Portion” and is included in the newly adopted Open Space Plan. Bill also stated that the CT Water Company is cutting trees on CT Water Company property near Trotters Way and Cheshire Road and that no trees are being cut on the bordering Town of Prospect-owned land. Motion by A. Havican, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.
Public Hearings:
7:10 p.m. John W. Van Vlack, 8 Summit Road - Special Permit Application for a Home Occupation: Photography. Chairman Pomeroy read into record the “Notice of Public Hearing” for this special permit application as it appeared in the Republican American on November 20th & 27th, 2009. Chairman Pomeroy opened the public hearing and read into the record the letter received from Doug Merriman, 6 Merriman Lane dated 11/23/09. Mr. Van Vlack appeared, provided proof of mailings to his abutting property owners, and stated that he wants to use a portion of his home for a photography business. Mr. Van Vlack stated that the main concentration of his business will be on school portraits, prom, and wedding pictures. Mr. Van Vlack stated that he will be the only employee and that he would not have any commercial vehicles, outdoor storage or signs. Chairman Pomeroy asked if customers will come to his home. Mr. Van Vlack stated that at most he expects to have only 3 to 4 customers a week just to pick up or return pictures. Bill Donovan asked if he has adequate parking and Mr. Van Vlack stated that he has two double wide driveways and that his personal vehicles are kept in the garage. Chairman Pomeroy asked the public for comments. With none, Motion by A. Havican, seconded by A. Delelle to close the public hearing on the application from John W. Van Vlack, 8 Summit Road - Special Permit Application for a Home Occupation: Photography. Unanimous. Chairman Pomeroy read the Draft Special Permit Resolution of Approval into the record. With none, Motion by A. Delelle, seconded by A. Havican to approve the Special Permit Resolution of Approval for the Home Occupation Special Permit for John W. Van Vlack, 8 Summit Road - Special Permit Application for a Home Occupation: Photography. Unanimous. Chairman Pomeroy stated that “In the Commission’s judgment, the application complies with criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.”
7:20 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 for snow plowing at the proposed facility the access road has a 10’ snow shelf on the high side of the road and the low side of the road has a 20’ wide snow shelf area which is more than adequate area to put snow. Mr. Carson stated that the terraced parking lot area has 270 parking spaces. Mr. Carson further stated that the number of spaces required under industry standards is 232 parking spaces for maximum occupancy leaving 38 extra spaces to be utilized to store snow in the winter. He further stated that there is a 28 parking space triangle island area of the parking lot that can store up to 2’ of snow from the entire parking lot. D. Pomeroy asked if there was sufficient area to store snow in the shipping and receiving area in the rear of the building and Mr. Carson stated yes. Ed LaMontagne, 149 Waterbury Road asked if the proposed entrance to the facility is the same as where the current entrance way to the radio tower is. Mr. Carson stated that the new entrance will be approximately 150’ to the west from the current entrance at the high point of Murphy Road. Mr. LaMontagne stated concern that drivers will take their eyes off the road to look at the facility and cause accidents. Mary Filippone, 145 Waterbury Road asked what outdoor activities will be at the facility. Mr. Carson stated that the patio areas will be used for a cocktail hour before going in for the dinner with terrace music playing and that there would be no bands outside on the terrace. Mrs. Filippone also stated concern about the lighting disturbing the houses surrounding the facility. Mr. Carson stated that the lights are all down facing shielded lighting that will have no spillage of light outside of the perimeter of the parking area. Donald Filippone, 145 Waterbury Road stated that he would rather pay more taxes and keep Prospect a small town. Bill Donovan asked if emergency vehicles can get around the building if necessary. Mr. Carson stated that emergency vehicles can go up the access way to the rear of the building but a vehicle cannot go around the building. Mr. Carson further stated that there are three fire hydrants with siamese connections on the property. Chairman Pomeroy asked for any further comments or questions. With none, Chairman Pomeroy continued the public hearing until December 16, 2009 at 7:10 p.m.
New Business:
a. Toll Brothers - Regency at Prospect, 120 Scott Road - Modification of Special Permit re: Age Restrictions. Attorney Edward Fitzpatrick, 203 Church Street, Naugatuck, CT appeared on behalf of Toll Brothers. Attorney Fitzpatrick stated that Toll Brothers is interested in making an application to amend the regulations in order for them to come back and request a modification of their special permit to reduce the age of the head of household from 55 years of age to 50 years of age. Attorney Fitzpatrick stated that this request is partly due to the down economy and partly from the interest Toll Brothers has received from people between 50 and 55 years old. Attorney Fitzpatrick stated that this age reduction is being done in other towns in similar complexes and provides for uniformity with the Federal Housing Act. Bill Donovan asked if this proposed amendment would include the “affordable” units which account for 15% of the total units in the complex. Attorney Fitzpatrick stated that it would affect all of the units including the affordable units. Attorney Fitzpatrick stated that nothing but the age of the head of household will change and that children under the age of 19 will still be prohibited from living in the complex. Bill Donovan stated that Section 4.1 Elderly Housing of the regulations currently does not specifically outline that 19 years old is the minimum age for children allowed to live in the complex and suggested that if Toll Brothers does go forward with an application to modify the regulations, that they include such language as defined in the Fair Housing Act. Chairman Pomeroy stated that Toll Brothers, like everyone else, has a right to file an application to amend the regulations. Chairman Pomeroy asked should the amendment be granted lowering the head of household age to 50, what would happen on a resale - would someone 48 years old then be able to purchase a unit? Attorney Fitzpatrick stated no that whoever has control at the time, either Toll Brothers or the condominium association, will be certifying that the purchaser must be at least 50 years old.
b. Villa Rosa, LLC - Application for a proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit. Chairman Pomeroy read into the record the letter from Attorney Thomas Porzio, 625 Wolcott Street, Suite 21, Waterbury, CT dated November 30, 2009 proposing a text amendment change to Zoning Regulations Section 12.6 Sanitary Permit. Attorney Porzio appeared on behalf of Villa Rosa, LLC and stated that this proposed text amendment change to the Zoning Regulations goes hand in hand with the continued public hearing on the proposed Villa Rosa banquet facility currently in front of the commission. Attorney Porzio stated that this text amendment is being proposed due to the difficulty that the applicants are facing with the WPCA’s sewer moratorium on approving any sewer connections. Attorney Porzio stated that Section 12.6 Sanitary Permit currently reads that “No Special Permit shall be issued by the Planning & Zoning Commission for the erection of a new building or structure until approval has been received from the Chesprocott Health District and/or Water Pollution Control Authority.” Attorney Porzio stated that the applicants are proposing a text amendment change on this section to read “No Special Permit shall be issued by the Planning & Zoning Commission for the erection of a new building or structure until a feasibility letter has been received from the Chesprocott Health District or the Water Pollution Control Authority of the municipality receiving proposed sewage discharge.” David Carson stated “approval from Chesprocott” is never required for a Planning & Zoning Permit but rather the Planning & Zoning Commission gets a feasibility letter stating that it is feasible to provide an on site sewage disposal for the site under review. Mr. Carson stated that septic systems are not designed or approved until long after the Planning & Zoning Commission gives a permit and stated an example would be an approved subdivision in which only at the time you would apply for a building permit after subdivision approval that you would actually need an approval by Chesprocott Health District. Mr. Carson further stated that it is his understanding that the WPCA will not be able to grant their approval on this project until after a municipal agreement with Waterbury is in place. G. Graveline asked if the applicants get all of the necessary approvals but never connect to the sewer line, what happens to the project. Mr. Carson stated that there would then be no project. Chairman Pomeroy asked if Waterbury is required to give a sewer connection to an applicant. Attorney Porzio stated that due to the funding that comes to the municipality from the State of Connecticut, the municipality has to entertain the application but it is up to the Waterbury Board of Alderman to decide. Mr. Carson stated that at this time the applicant is in a Catch 22 type situation and that this amendment will give the applicant the ability to proceed with applying for all the necessary permits required. Motion by A. Delelle, seconded by A. Havican to accept the application from Villa Rosa, LLC for a proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit and set a public hearing for January 6, 2010 at 7:20 p.m. Unanimous. After discussion, Motion by A. Delelle, seconded by A. Havican to withdraw the previous motion to accept the application from Villa Rosa, LLC for a proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit and set a public hearing for January 6, 2010 at 7:20 p.m. Unanimous. Motion by A. Delelle, seconded by A. Havican to accept the application from Villa Rosa, LLC for a proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit and set a public hearing for December 16, 2009 at 7:20 p.m. Unanimous
Old Business:
a. Larry Farrell, 174 Summit Road - Pre-application review for change of non-conforming use. No action taken.
b. 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.
c. Commission review of Zoning Regulations Section 5.4 Home Occupation - Special Permit Requirements. The commission held general discussion with Bill Donovan about the possibility of amending the Zoning Regulations Section 5.4 Home Occupation.
Motion by A. Havican, seconded by G. Graveline to set a public hearing for January 20, 2010 at 7:10 p.m. on proposed amendments to the Zoning Regulations Section 4.11 Earth Excavation, Deposition and Regrading Activities; Section 3.1 Uses by District; and Section 5.4 Home Occupation. Unanimous.
The commission held general discussion with Bill Donovan as to whether or not the commission considered the greenhouses located on 176 Straitsville Road to be permanent or temporary structures. The commission unanimously agreed and stated that they consider the greenhouses temporary in that they do not have foundations, are made of plastic, and according to the owners’ Special Permit, the greenhouses will need to be taken down if the property gets sold and the new owner does not use the greenhouses in a farming capacity.
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by A. Delelle to adjourn at 9:16 p.m. Unanimous.
Don Pomeroy, Chairman