May 6, 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, Jack Crumb
Alternates Present: D. Santoro, G. Graveline
Absent: G. Ploski, Ed Miller
G. Graveline was seated for G. Ploski.
Approval of Minutes:
Motion by A. Havican, seconded by G. Graveline to approve the April 15, 2009 minutes. Unanimous.
Correspondence:
1. Letter dated 4/15/09 from Attorney Edward G. Fitzpatrick representing Linda Marie Ploski,
Trustee, Et Al requesting a 30 day extension on the public hearing for the site plan application
for 99 Union City Road.
2. Letter dated 4/22/09 from Thomas J. Galvin, Chairman of the Town Council re: Open Space
Plan.
3. Letter dated 4/20/09 from Cindy Gaudino, Connecticut Water Company re: Public Water
Supply or Aquifer Area Project Notification Form.
4. UCONN, College of Agriculture and Natural Resources Journal - Winter/Spring 2009
5. Council of Governments of the Central Naugatuck Valley - Minutes for the March 3, 2009
Meeting.
6. Letter dated 5/6/09 from Scott Poryanda, PE re: site plan application for 99 Union City Road.
7. Scott Poryanda, PE - Connecticut Consulting Engineers, LLC - Invoice for work done on site
plan application for 99 Union City Road.
8. Letter from Bill Donovan, Land Use Inspector dated 5/5/09 regarding Jeffrey Slapikas’
request for a bond reduction on his Knollwood Place Subdivision.
Chairman Pomeroy noted for the record that the correspondence received from Attorney Edward G. Fitzpatrick will be added to the file for the site plan application for 99 Union City Road.
Chairman Pomeroy noted for the record that the correspondence and invoice received from Scott Poryanda, Connecticut Consulting Engineers, LLC will be added to the file for the site plan application for 99 Union City Road.
After commission discussion, Motion by A. Havican, seconded by A. Delelle to pay the Invoice from Connecticut Consulting Engineers, LLC for work done on the site plan application for 99 Union City Road. Unanimous.
The Commission discussed taking a motion to approve Jeffrey Slapikas’ request for a bond reduction on Knollwood Place Subdivision in accordance with Land Use Inspector Bill Donovan’s letter dated 5/5/09. Motion by G. Graveline, seconded by A. Havican to approve Jeffrey Slapikas’ request for a reduction of the bond for Knollwood Place reducing the bond amount of $225,000.00 by $115,000.00 leaving a remaining bond amount of $110,000.00. Unanimous.
Motion by A. Havican, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
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, stated that the Conservation Commission is currently in the process of reviewing and making changes to the Open Space Plan. He further stated that he believes the Plan will be ready to present to the Planning & Zoning Commission at their next meeting on May 20th or the first meeting in June.
Land Use Inspector’s Report:
Bill Donovan reported to the commission that he placed a call to St. Anthony’s Church regarding the commercial tree clearing type trucks that have been parked in the church parking lot over the past few weeks. He stated that he has not received a call back to date but would follow up again. He also asked the commission if they would like him to refer the tree clearing company to inquire with the Country Plaza about possibly parking the commercial trucks down in the back of that property and the commission agreed. Bill also stated that he has driven by the two Plank Road properties where Chairman Pomeroy had taken photographs of commercial vehicles being parked. Bill stated that while he did not see the commercial vehicles at the properties, he would continue to drive by to verify that they are being kept there so he may enforce the matter. Bill also reported that Town Attorney Jennifer Yoxall is pursuing a citation fine with the Superior Court against Herminio & Kathleen Nunes, 41 Juggernaut Road in the amount $450.00 for ignoring a Cease & Desist order and failing to correct violations. Bill stated that Mr. Nunes constructed a storage building without obtaining any permits which was within an Inland Wetlands regulated area and within a zoning setback area and although he had promised to move the building several times, he did not. Lastly, Bill asked the commission if they would like to begin to review and possibly make changes to the subdivision regulations as they had done with the Regulations last year. After discussion, Chairman Pomeroy asked to add the review of the subdivision regulations to the Agenda and asked the commissioners to review the subdivision regulations before the next meeting so the commission could hold discussion. Bill had follow up discussion with the commission regarding the concerns Mike Rollo, 6 Spring Road had with regard to Capital Heavy Hauling, LLC operating a quarry in Naugatuck on the Naugatuck/Prospect line. The quarry is accessed via a shared driveway easement on residentially zoned Prospect property located at the corner of Spring Road and 181 Union City Road which is directly adjacent to his property. Bill stated that his next step will be to write to the Naugatuck Zoning Officer to ask him to provide information on his investigation which brought him to the conclusion that the quarry operation is a pre-existing, non-conforming use which has the right to utilize residential property in Prospect. Motion by J. Crumb, seconded by A. Havican to accept the Land Use Inspector’s report. Unanimous.
Public Hearing:
7:30 p.m. Industrial Storage, Et Al, Linda M. Ploski, Trustee, 99 Union City Road - Site Plan Application. (continued from 3/18/09). Chairman Pomeroy read into record a letter dated 5/6/09 which was handed to him prior to the start of the meeting from Brian J. Reilly, 14 Cedar Hill Drive which outlined his opposition to the site plan application for 99 Union City Road. Roland Desrosiers, Land Use Planner and Surveyor, appeared on behalf of the applicants and presented the commission with a 6-page complete set of revised site plans with the latest revision date of April 29, 2009. Mr. Desrosiers stated that these plans have been revised in accordance with suggestions from the Town’s consulting engineer to include an outline of the phased grading plans and a step by step sequence of construction activities. Mr. Desrosiers also provided the commission with architectural plans for John Gallagher’s Leased Area #5 dated April 15, 2009. Bill Donovan asked what the height of Mr. Gallagher’s building will be and Mr. Gallagher stated that the building will be 22’ - 23’ in height with a flat top. Bill asked Mr. Desrosiers if the applicants have heard anything further from the D.O.T. regarding the road cut onto Route 68. Mr. Desrosiers stated that the applicants are still working with the D.O.T. on the site line distances and stated a few possibilities that the applicants may need to do in order to meet D.O.T. requirements are to raise the driveway to expand site line distances or apply for a speed limit change. Mr. Desrosiers stated that the applicants may need to apply for a waiver from the D.O.T. if they are unable to meet the D.O.T’s site line requirements. D. Santoro stated concern over the site line distances, accidents and the speed at which vehicles travel on that portion of Rt. 68. Bill asked if the same Open Space which was to be transferred to the Land Trust in accordance with the original subdivision approval will still be transferred to the Land Trust. Mr. Desrosiers stated that the transfer of Open Space to the Land Trust will take place in accordance with the subdivision approval once the mylar map is filed. Mr. Desrosiers stated that typically a bond is put in place to make sure improvements get done and that the applicants do not feel a bond should be required on this application as this is private property and if the work is not done in compliance with the zoning regulations, the applicants will not be granted a certificate of occupancy. Mr. Desrosiers further stated that if the commission decides that they do require the applicants to furnish a bond, could the bond be positioned to reflect the four phases as described in the sequential construction plan. Mr. Desrosiers also asked if a separate bond figure could be established for John Gallagher’s Leased Area #5. Bill mentioned to the commission that he received a fax from Lorraine DeNicola of Chesprocott Health District recommending that the septic systems on Cedar Hill Drive be located to verify linear distances from the septic systems to the beginning of the proposed 2:1 bench slope. After commission discussion, Motion by G. Graveline, seconded by A. Havican to close the public hearing on the Site Plan Application from Industrial Storage, LLC, 99 Union City Road. Unanimous. Chairman Pomeroy asked Land Use Inspector Bill Donovan to prepare a draft Resolution of Approval for the Commission to review at the next meeting on May 20, 2009.
Old Business:
a. G & G Trust, Et Al - Cedar Hill Woods, 99 Union City Road. Roland Desrosiers, Agent for Applicant, appeared and presented the commission with a letter requesting a 90 day extension of time for the applicants to post a bond and record the subdivision mylar map for the Cedar Hill Woods Industrial Subdivision. Mr. Desrosiers asked if the commission would add this letter requesting a 90 day extension of time to the Meeting Agenda. Motion by A. Havican, seconded by A. Delelle to add Mr. Desrosiers’ 90 day extension of time request letter on behalf of the applicant Cedar Hill Woods Industrial Subdivision to the Agenda. Unanimous. Attorney Edward Fitzpatrick stated that the applicant owners are trying to do as much site work as possible before the mylar map is filed in an attempt to reduce the bond amount. After discussion, Motion by J. Crumb, seconded by A. Havican 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. This second 90 day period of time in which to file the subdivision mylar map will expire on August 21, 2009.
Public Participation: None
Adjournment: Motion by A. Havican, seconded by A. Delelle to adjourn at 8:41 p.m. Unanimous.
Donald Pomeroy, Chairman