July 15, 2009
Chairman Pomeroy called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, A. Havican, G. Ploski, J. Crumb
Alternates Present: D. Santoro
Absent: G. Graveline (Alt.), Ed Miller (Alt.)
Approval of Minutes:
Motion by A. Havican, seconded by A. Delelle to approve the July 1, 2009 minutes. Unanimous.
Correspondence:
1. 7/9/09 letter from William Donovan, Land Use Inspector/ZEO to James Juliani regarding the Planning & Zoning Commission’s request for an update site plan for 69 Waterbury Road.
2. 7/10/09 letter from William Donovan, Land Use Inspector/ZEO to Linda Marie Ploski, Trustee, Et Al and John Gallagher, Highline Riggers, LLC re: Cease & Desist on 99 Union City Road for failing to post required bonds.
Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
Old Business:
a. Review Proposed Open Space Plan - set public hearing. After Commission discussion, Motion by G. Ploski, seconded by A. Havican to withdraw a previous motion to approve the proposed Open Space Plan as an amendment to Prospect’s existing Plan of Conservation and Development and set a public hearing for October 7, 2009 at 7:15 p.m. in order to comply with statutory time requirements to review and comment on the proposed Prospect Open Space Plan created by The Open Space Planning Subcommittee of the Prospect Conservation Commission as an adopted amendment to Prospect’s existing Plan of Conservation and Development. Unanimous.
Public Hearings:
Chairman Pomeroy advised the public that there were copies of the legal notices for the public hearings available on the front table and unless someone requires it, he was not going to read the legal notices into the record due to the number of hearings and length of the notices.
7:10 p.m. Tina Tanguay, 27 Merriman Lane - Home Occupation Application - Accounting/Tax Services. Mrs. Tanguay appeared and provided the mailing receipts to her abutting property owners. Mrs. Tanguay stated that she would like to use a portion of home for her accounting/tax services office. Mrs. Tanguay stated that she will be the only employee and that she does not have any commercial vehicles and will not have any outdoor storage. Chairman Pomeroy asked the applicant if she was going to have a sign and she responded no. Chairman Pomeroy also asked the applicant if she had sufficient parking to which she replied that in addition to her two car garage, she has space to park 4 additional vehicles. Mrs. Tanguay stated that most of her work will be done away from her home and that her clients would mostly be dropping off and picking up their tax returns. Mrs. Tanguay stated that her business office hours will be Monday through Friday from 9:00 a.m. to 5:00 p.m. and that during the tax season she would also have daytime office hours on Saturdays. Chairman Pomeroy asked for comments from the public. With none, Motion by G. Ploski, seconded by A. Havican to close the public hearing on the application from Tina Tanguay, 27 Merriman Lane for a Special Permit for a Home Occupation: Public Accountant/Tax Service Office. Unanimous. Motion by A. Delelle, seconded by G. Ploski to approve the Special Permit Resolution of Approval for the Home Occupation Special Permit from Tina Tanguay, 27 Merriman Lane for an office for a Public Accountant/Tax Service Office business. 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.”
Land Use Inspector’s Report:
Bill Donovan stated that the Town has a Municipal Zoning Citation procedure in place which allows the Town to collect fines following a Cease & Desist Order. Bill stated that he believes this process is working and the Town has two current Municipal Citation proceedings pending. Bill explained that the first citation is for a property on Juggernaut Road where a homeowner built a storage building within a regulated Inland Wetland area without obtaining any permits that has now been ordered by the Superior Court to pay $450.00 in fines to the Town. Bill further stated that the second citation pending is for a Rek Lane home with build up of unsightly materials and unregistered vehicles. Bill stated that Town Hearing Officer Frank Hayes issued a $150.00 fine on the Rek Lane property and that Bill had driven by the property earlier today at the request of the homeowner and was surprised at the progress that was made at the property in response to the fine. Bill further reported that he has been following up on the complaints about the constant stream of cars for sale in front of 33 Waterbury Road. Bill stated that he verified that the Department of Motor Vehicles has no record of a dealership at 33 Waterbury Road. Bill stated that he will be issuing a Cease & Desist letter to the homeowner and will be asking them to come to the next Planning & Zoning Meeting for discussion and will also be keeping the Department of Motor Vehicles updated on the matter. Motion by A. Havican, seconded by G. Ploski to accept the Land Use Inspector’s report. Unanimous.
7:20 p.m. Proposed Revisions to the Prospect Zoning Regulations and Subdivision Regulations. Chairman Pomeroy opened the public hearing and stated for the record that the Land Use Office has sent out the required notices of the proposed changes to the abutting Towns, South Central Connecticut Regional Planning Commission, and Council of Governments of the Central Naugatuck Valley and has verification of receipt from each of them. Land Use Inspector Bill Donovan briefly outlined the proposed changes. Chairman Pomeroy asked for comments from the public. After commission discussion, Motion by G. Ploski, seconded by A. Havican to approve the proposed amendment to Section V. GENERAL REGULATIONS 8. (c ) of the Subdivision Regulations, as decided. Unanimous. Motion by A. Havican, seconded by A. Delelle to approve the proposed amendment to Section IV. GENERAL REGULATIONS 9. of the Subdivision Regulations. Unanimous. Motion by A. Havican, seconded by A. Delelle to approve the proposed amendment to Section V. FILING 3. of the Subdivision Regulation Regulations. Unanimous. After commission discussion, Chairman Pomeroy stated that this public hearing will be continued until August 5, 2009 at 7:20 p.m.
7:45 p.m. Joseph K. Skrip, 25B Gramar Ave. - Special Permit Application - Four Wheel Drive Truck Customizing & Restoring and Used Car Dealership. Joseph Skrip appeared and presented the commission with the mailing receipts for his abutting property owners. Mr. Skrip stated that he would like open a business for four wheel drive truck customizing & restoring and a used car dealership and reviewed his drawn plan for his business showing the commission where the employee parking, customer parking and vehicle storage will be. Chairman Pomeroy asked the applicant what kind of hazardous waste would be at the business and how he would dispose of it. Mr. Skrip stated that he has a 275 gallon hazardous waste tank and that he would only be using motor oil that he would buy in a store. Mr. Skrip further stated that he has a certificate from “Safety Clean” and will have scheduled pick ups to dispose of the oil. Mr. Skrip also stated that there will be no painting done at his business and that the floor drain has been plugged with concrete. Bill Donovan asked Mr. Skrip how he would dispose of rags and Mr. Skrip stated that the rags would be put in drums which “Safety Clean” would remove as well. G. Ploski asked Mr. Skrip if he had an A-2 survey done on the property which is needed for a site plan. Mr. Skrip stated that he has not had an A-2 survey done yet, but does plan to have one done and will provide a copy to the commission when completed. Chairman Pomeroy asked for public comment. R. Skrip, 104 Cheshire Road stated that he was the father of the applicant and that the applicant has been an employee at his business, Skrip’s Auto Body, for the last 5 years. Mr. Skrip stated that his son is responsible and that he hopes the commission approves this application as he believes his son will be an asset to the community. With no further comments, Motion by G. Ploski, seconded by A. Delelle to close the public hearing on the application for an application from Joseph K. Skrip to operate a Four Wheel Drive Truck Customizing & Restoring and Used Car Business at 25B Gramar Avenue. Unanimous. Chairman Pomeroy then asked Land Use Inspector Bill Donovan to prepare a draft Resolution of Approval for the commission to vote on at the next meeting.
8:00 p.m. Elaine Schieffer, 133 Cook Road - Application for a 1-lot Re-subdivision. Chairman Pomeroy opened the hearing and stated that the applicant has provided the mailing receipts to the abutting property owners. The Chairman stated that correspondence has been received from the The Regional Water Authority on this application. Attorney Warren Hess, 180 Church Street, Naugatuck, CT and Land Surveyor Paul Reynolds of Stonewall Boundaries appeared with the applicant Elaine Schieffer and her daughter Amy Smith. Attorney Hess stated that Mrs. Schieffer’s mission is to complete a 1-lot re-subdivision in order for her daughter Amy to build a home. Attorney Hess stated that in 1981 John Schieffer created a 5 lot subdivision which was approved by this commission and that one of the 5 lots is Mrs. Schieffer’s 5-acre interior lot . Attorney Hess stated that in the 80’s Mrs. Schieffer began the process of converting her 5-acre lot into two lots. He stated that the regulations in affect at that time required Mrs. Schieffer to apply for a variance to allow another lot in the rear of her lot and that variance was granted by this commission. Attorney Hess further stated that after receiving that variance, in order for Mrs. Schieffer to gain the split, she would have had to come back in front of the Planning & Zoning Commission and complete the re-subdivision process. Attorney Hess stated that Mrs. Schieffer did not come back before the Planning & Zoning Commission so the project was on hold but added that the variance is legal and was recorded on the Land Records. Attorney Hess further stated that the regulations have changed over the years including the requirement of larger lot sizes and a different rear lot definition. Attorney Hess stated that when Mrs. Schieffer decided to go forward with the project she came to the Town and asked for guidance and the Planning & Zoning Commission advised her that in order to get her re-subdivision it would be necessary for her to obtain thee variances from the Zoning Board of Appeals. Attorney Hess submitted a copy of the June 18, 2008 Planning & Zoning Commission meeting minutes for the record. Attorney Hess stated Mrs. Schieffer then applied to the Zoning Board of Appeals and was granted three variances - the first because she didn’t meet the 2-acre requirement, the second under Section 2.2 of the Regulations as she didn’t satisfy the 40’ width for two adjoining driveways and thirdly under the rear lot definition your not suppose to have a rear lot behind another rear lot. Attorney Hess submitted a copy of the Notice of Granting Variance and the Zoning Board of Appeals 10/28/08 meeting minutes in which they were approved. Attorney Hess noted for the record that the minutes reflect that the neighbors came and spoke in favor of the variances. Attorney Hess submitted a copy of a letter from Mr. & Mrs. Mario Calabrese, 135 Cook Road dated 7/10/09 which states that they have no objection to Mrs. Schieffer’s proposed re-subdivision. Attorney Hess stated that it is his position that the lot, as presented in the current application, applies with all of the Planning & Zoning Regulations. Land Surveyor Paul Reynolds reviewed the plan with the commission stating that the proposed lot is shown as Lot 2 and is for a 4-bedroom house and the plan increases the driveway to 18’ overall by expanding on the shoulders of each side. Mr. Reynolds stated that the septic system has been reviewed by Chesprocott and that Chesprocott has approved the subdivision but needs some additional testing for the plot plan. Mr. Reynolds stated that there will be minimal grading on the lot and is proposing two rain gardens to take any drainage away from the house. For the new members and as a general reminder, Chairman Pomeroy gave a quick history of his recollection of the matter by stating that Mrs. Schieffer did come before this commission for advice and was sent to the Zoning Board of Appeals. The Chairman further stated that Mrs. Schieffer applied for and obtained three variances and that the then seated Chairman and the rest of the Planning & Zoning Commissioners were disappointed that the Zoning Board of Appeals overstepped their bounds by granting a variance of the subdivision regulations and therefore the Planning & Zoning Commission filed suit against the Zoning Board of Appeals over their actions. Chairman Pomeroy stated that the Zoning Board of Appeals acknowledged that the variances they granted Mrs. Schieffer were not appropriate and that acknowledgement satisfied the Planning & Zoning Commission who then instructed their attorney to withdraw the lawsuit. Chairman Pomeroy stated that this current application should be taken on its merits - does it meet the regulations or not - and if it doesn’t should we make an exception. He further stated that the commission has made exceptions before and has denied requests for exceptions before. Bill Donovan stated that the Zoning Board of Appeals has no legal authority to grant a variance to allow two adjoining driveways to be less than the Subdivision Regulation’s minimum 40’ requirement. Bill further stated that the Zoning Board of Appeals acknowledged during their November 2008 meeting that they overstepped their legal authority in granting a variance of the subdivision regulations. Attorney Hess stated that while that is an accurate history on the matter, he noted for the record that in his opinion once the Planning & Zoning Commission withdrew it’s lawsuit, whether the Zoning Board of Appeals was right or wrong, the three variances are legal and recorded and with those variances he believes this project complies with all of the Town’s Planning & Zoning Regulations. Chairman Pomeroy asked what the current driveway width is and Paul Reynolds stated that it is 10 - 12 feet but will be widened with 4 foot shoulders on each side for a total of 18 feet. Chairman Pomeroy also asked if Lot 2 is a rear lot to 129 & 131 Cook Road and Mr. Reynolds responded yes. The Chairman stated that the regulations state that “rear lots shall be avoided” but the commission has a fiduciary right to make an exception if it chooses to do so. The Chairman also asked who owned the wooded land to the north and the land to the south of proposed Lot 2 and Mr. Reynolds responded that the land to the north and the east is owned by New England Water Company and the majority of the land to the south is owned by Mobile Home Parks, Inc. Mark & Lisa Beard, 131 Cook Road appeared and stated that they live right in front of the proposed lot and that they have no objection to this application. A. Havican confirmed that while this is a re-subdivision application only one home is to be added to what is already there. Attorney Hess submitted a 3/31/09 letter from the Inland Wetlands Commission stating that it has been determined there are no inland wetlands or regulated activities involved in this application. Attorney Hess also re-submitted Chesprocott Health District’s letter dated 3/17/09 and the Regional Water Authority’s letter dated 7/15/09 that Chairman Pomeroy noted earlier. Attorney Hess further stated that the Regional Water Authority made four recommendations and that the applicants agree to incorporate all four recommendations. Amy Smith, 1081 New Haven Road, Naugatuck stated that she is the applicant’s daughter who would like to build a 3 bedroom, 2 bath colonial style house on proposed Lot 2 if the application is approved. With no further comments, Chairman Pomeroy continued the public hearing until August 5, 2009 at 7:10 p.m. in order to give the commission time to review the complete application.
Public Participation:
R. Skrip, 104 Cheshire Road asked the commission if they could do something about the number of used cars being sold from properties in Town. Mr. Skrip stated that there are so many cars for sale along the main roads that they are now an eyesore. Land Use Inspector Bill Donovan stated that the commission had discussed this exact issue earlier in the meeting and he is pursuing the matter.
G. Ploski excused himself from the Commission. Chairman Pomeroy seated D. Santoro in his place.
Public Participation (continued):
R. Desrosiers of R.J. Desrosiers and Associates, 491 North Main Street, Naugatuck, CT appeared on behalf of Linda Marie Ploski, Trustee, Et Al and John Gallagher in response to the 7/10/09 Cease & Desist letter they received from Land Use Inspector William Donovan for failing to post the required bonds for the site plan application on 99 Union City Road. Chairman Pomeroy read Land Use Inspector William Donovan’s letter dated 7/10/09 into the record. Mr. Desrosiers stated that the property owners are not doing any work under the site plan application that was approved by the Planning & Zoning Commission on 5/20/09 but rather are proceeding under the Resolution of Approval for the Cedar Hill Woods Subdivision dated 2/4/09. Mr. Desrosiers stated that the applicants are working on the driveway which is the portion of the roadway for the subdivision to provide the access to Leased Area 5 for Mr. Gallagher’s site plan. He further stated that the only excavation taking place now is pertaining to the base of the road which falls under the subdivision approval. Mr. Desrosiers stated that the applicants are under a 90 day extension of time to file the mylar map of the subdivision which allows the applicants to do this work prior to filing a bond. Mr. Desrosiers further stated that due to the difficult current economy, the applicants are doing as much work as possible to get the road constructed and then post a bond for the balance of the work to be done. Mr. Desrosiers further stated that once the driveway is constructed to Mr. Gallagher’s lot, Mr. Gallagher will have to come forward with his portion of the bond that was approved under the site plan before he may start construction on his building and parking lot. Mr. Desrosiers stated that the applicants would like to proceed with the construction of the road base to the area to the East and Leased Area 5 and not have to Cease & Desist. Chairman Pomeroy stated concern that the construction of the driveway/roadway be inspected periodically. Bill Donovan stated that the driveway/roadway are shown on both the subdivision and site plans in the same general location and therefore believes that the bond should be in place prior to going forward with any work on the driveway/roadway. Bill further stated that he recalls that during the public hearings the ultimate goal was to build the driveway/roadway to meet Town specifications to eventually become a Town accepted road. Bill stated that the only way the Town could accept the road is if there are inspectors from the Town monitoring the construction. Chairman Pomeroy stated that due to the fact that one of the applicants is a Planning & Zoning Commissioner, he has been concerned that everything on this application is done above board and by the book. Mr. Desrosiers stated that the applicants are not at a point where the roadway would require any inspections and stated that Gene McCarthy of the Public Works Department is welcome on the site at any time. Bill stated concern that a few months down the road the applicants may make the decision that they are not going to go forward with the subdivision after all and just go forward with the site plan. Mr. Desrosiers stated that the applicants would come before this commission if that decision is made. Chairman Pomeroy read into record a portion of a memo he received from Bill dated 5/14/09 and stated that he interprets it to say that the site plan bond did not include the road and believes that the commission should lift the Cease & Desist. Chairman Pomeroy stated that the construction of the roadway/driveway should be inspected by someone approved by the Town. Mr. Desrosiers suggested and Bill agreed to set up a weekly inspection by someone approved by the Town. J. Crumb asked if the silt fence is up and Mr. Desrosiers stated that it was up on the lower end of the property. After commission discussion, it was agreed that Bill will send the applicants a follow up letter stating that they may continue working within the roadway. A. Delelle asked that the commission be kept updated by receiving status reports of the inspections. R. Desrosiers of R.J. Desrosiers and Associates, 491 North Main Street, Naugatuck, CT appeared on behalf of G. & G Trust, LLC, Et Al and presented the commission with a letter dated 7/15/09 requesting a second 90 day extension of time for the applicants to record the subdivision mylar map for the Cedar Hill Woods Industrial Subdivision. Chairman Pomeroy read this letter into the record. Bill stated that this 90 day extension would pick up on the day after the first 90 day extension expires for a total of 270 days. After discussion, Motion by A. Havican, seconded by D. Santoro to grant Cedar Hill Woods Industrial Subdivision’s 90 day extension of time request to record the subdivision mylar map with the Town Clerk. Unanimous.
Adjournment: Motion by A. Havican, seconded by A. Delelle to adjourn at 9:14 p.m. Unanimous.
Donald Pomeroy, Chairman