April 7, 2010
Chairman Pomeroy called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, A. Havican, J. Crumb, G. Ploski
Alternates Present: G. Graveline (Alt.), D. Santoro (Alt.)
Absent: Ed Miller (Alt.)
Others Present: William Donovan, Land Use Inspector
Motion by A. Havican, seconded by A. Delelle to approve the March 3, 2010 minutes, as amended. Unanimous.
Motion by A. Delelle, seconded by G. Ploski to approve the March 17, 2010 minutes, as amended. Unanimous.
Correspondence:
1. King’s Mark Resource Conservation and Development Area, Inc. - Letter dated March 2010
& Environmental Review Team Brochure.
2. Land-Tech Consultants, Inc. - Letter dated March 18, 2010 Re: Erosion and Sediment Control
& Stormwater Management Monitoring.
3. Center for Land Use Education and Research at the University of Connecticut - Spring 2010
Newsletter.
Chairman Pomeroy stated that correspondence received for the public hearings scheduled for this meeting will be read into the record during the public hearing to which the item of correspondence relates to.
Motion by A. Havican, seconded by G. Ploski to accept the correspondence. Unanimous.
Public Participation: None
New Business: None
Old Business: None
Land Use Inspector’s Report:
Bill Donovan reported to the commission that he had attended the first scheduled blast at the O & G Quarry off of Spring Road. Bill stated that all proper parties were notified in advance of the blast and that it went off uneventful. Bill informed the commission that a reminder notice has been published in the Prospect Pages reminding residents to obtain their required zoning and wetlands permits. Bill had discussion with the commission and it was determined that the commission had previously approved Prospect’s Park & Recreation Department’s Site Plan Application for a Dog Park at McGrath Park in 2008 with the understanding that the Park & Recreation Department may still need to appear before the Inland Wetlands Commission.
Public Hearings:
Chairman Pomeroy read into record the “Notice of Public Hearing” for the public hearings as it appeared in the Republican American on March 26, 2010 and April 2, 2010.
7:10 p.m. Lombard Group, 39-41 Waterbury Road - Site Plan Application for reconstruction of 12 residential units & demolition of existing 19 units. Chairman Pomeroy opened the public hearing and read into record a letter from Stephen M. Giudice, L.S. and Principal of Harry E. Cole & Son dated 4/6/10 indicating that his investigation finds no presence of inland wetland type soils within the subject parcel or within 100-feet of the property lines. Mr. Giudice provided the commission with the certificate of mailing receipts for the letters mailed to the abutting property owners along with a copy of the 2/5/10 Chesprocott Health District letter which the Chairman read into the record. Mr. Giudice stated that he has been working with the applicant, Lombard Group, on this project for over two years and that the subject property consists of two parcels, 39 & 41 Waterbury Road, which total 3.17-acres located in a Business District and which are owned by Columbia West, LLC. Mr. Giudice reviewed an Existing Conditions Plan with the commission and stated that the property currently has 6 non-conforming multi-family residential rental dwellings with a total of 19 units. Mr. Giudice presented the commission with a revised reconstruction site plan dated 3/8/10 and explained that the plan proposes to raze all of the existing above ground structures including foundations, and construct 4 new buildings with a total of 12 units reducing the number of buildings and bedrooms thereby reducing the existing multi-family nonconformities on the property. He further stated that the new units will each be 1,225 sq. ft. and will not have basements. He stated that the first floor will have a single garage and storage area - the second floor will have a living area, bathroom and kitchen, and the third floor will have two bedrooms and a bathroom. Mr. Giudice stated that the buildings with be under 35’ in height and presented an architectural drawing of the proposed buildings. Mr. Giudice stated that the proposed buildings will utilize public water and on site subsurface sewage disposals and that the existing wells on the property will be abandoned. He stated that all existing water lines and septic systems will remain and be utilized with some modifications and that there is a designated reserve area in case of future septic failure. Mr. Giudice stated that the plan maintains the existing drainage patterns and minimizes impervious surfaces to reduce the overall impact of water runoff to offsite properties. Mr. Giudice stated that upon recommendation by Gene McCarthy of the Public Works Department he increased the number of onsite stormwater storage units. Mr. Giudice stated that the 4 new proposed buildings will meet current setback requirements thereby further reducing the nonconformities on the property. The commission discussed the location and accessibility of the existing and proposed fire hydrants. G. Ploski stated concern over the sufficiency of the proposed emergency turnaround area and Mr. Giudice stated that he will provide a letter from the Fire Marshal stating that he has reviewed the proposed plan and that it meets his requirements for an emergency turnaround. Mr. Giudice outlined the Landscaping Plan and the Soil Erosion & Sediment Control Plan with the commission. Chairman Pomeroy asked the public for comments. Rich Godsal, daughter resides at 39-41 Waterbury Road - stated concern over the tenants not being notified upon leasing their apartments that this plan was in the works, the time frame of the project, and, if the current tenants would have the first opportunity to rent the new units. Mr. Giudice apologized for the tenants not being notified. G. Ploski stated concern over the lack of parking spaces on the plan and Mr. Giudice responded that with each unit having their own garage and driveway there is adequate parking and the goal of the plan is to reduce impervious surfaces to reduce drainage runoff. Chairman Pomeroy stated that members of the commission conducted a site walk of the subject parcel to gather information. The commission discussed how wet they viewed the site to be and asked the applicant to provide them with a soil scientist’s report. Bill Donovan suggested that the applicant attend an upcoming Inland Wetlands Meeting for their review of the site plan application. Chairman Pomeroy continued the public hearing to April 21, 2010 at 7:20 p.m.
7:30 p.m. Regional School District No. 16, 75 New Haven Road - Application for Change of Zone Designation. Attorney Warren Hess, 180 Church Street, Naugatuck, CT, Hugh Potter Interim Business Manger for Regional School District No. 16, and Jim Agostine Superintendent for Regional School District No. 16 appeared before the commission. Chairman Pomeroy opened the public hearing and read into record the correspondence received from Richard Maloney of 5 Heritage Drive dated 4/6/10 requesting that the zone of the property be changed to RA-1 rather than RA-2. Attorney Hess provided the commission with the proof of mailing receipts for the letters mailed to the abutting property owners. Attorney Hess stated that the subject parcel has a total of 47.2-acres with 11.5-acres fronting New Haven Road zoned Business (B) and the remaining rear 35.7-acres zoned Planned Congregate Elderly Housing (PCEH). Attorney Hess stated that in order to build a school on the parcel it must be zoned residential and that since the surrounding properties to this parcel are zoned Residential 1 Acre (RA-1) to keep consistency it is appropriate to change the zoning on this parcel to RA-1. Attorney Hess provided a feasibility study prepared in 2003 showing three potential design options that would work effectively on the site and stated that with slopes and wetlands on the eastern side of the property, logically the school would most likely be located on the northwest side with access from Rt. 69 (New Haven Road) and by changing the entire parcel to RA-1 it would give a building committee the most options. Attorney Hess stated that in addition to the school itself the site will be used for ball fields, have room for future expansion, and possibly some administrative offices. Attorney Hess stated that while there may be some excess land after the project is designed, the school board will not know what the excess will be until after the engineering and design phases are complete and that they want to keep all options available to them. Chairman Pomeroy asked for comments from the public. Tom Satkunas, 232 New Haven Road stated concern over the limited amount of business zoned property in that area of town and asked that the 11.5-acres remain business zoned property. A. Gray, 192 Cook Road is opposed to the application stating concern that if the property is changed to RA-1 rather than RA-2 it will give the school district the ability to sell off more lots in the future resulting in more houses and more children. Chairman Pomeroy reiterated that this application is to change the current zoning on the parcel from Planned Congregate Elderly Housing and Business to Residential 1-Acre not to change the zone designation to Residential 2-Acre. Anthony Dorso, Scott Road stated that he agreed with Mr. Satkunas and stated concern over the school’s need for such a large parcel and stated that the taxpayers would be better off if the business zoned portion of the property remained as such and be sold off to offset the tax burden. Steve Sachter, 192 Cook Road stated he would like the Business zoned portion of the property to remain and the zone designation to RA-1 rejected. Jim Agostine, Superintendent of Schools outlined the history of the District’s search for this property and stated that no matter where the school is actually built on the property; the Business zoned portion will have to be bifurcated in order to install drives and access off of Route 69. Tom Galvin, 27 Rockridge Terrace asked the commission to consider their Plan of Conservation and Development which desires Residential 2 Acre zoning designation on undeveloped lands within a public water supply watershed. G. Graveline confirmed with Attorney Hess that the school may be built on RA-1 or RA-2 zoned property. G. Ploski suggested that this application may be premature as the Town has not yet held a referendum to approve a school to be built on the site. Chairman Pomeroy continued the public hearing to April 21, 2010 at 7:45 p.m.
7:45. Christian Congregation, 6 New Haven Road - Special Permit Application for a Church. Chairman Pomeroy opened the public hearing and read into record the letter received from The Reverend Phyllis A. Norman, Pastor of the Prospect Congregational Church United Church of Christ dated 3/31/10 welcoming the Christian Congregation to Prospect. Paul Ramos, President of the Christian Congregation, appeared and provided the commission with the certificate of mailing receipts for the letters mailed to the abutting property owners. Chairman Pomeroy asked what the hours of operation will be for the church. Mr. Ramos stated the hours will be Sunday mornings from 9:00 a.m. until 12:00 p.m., Sunday evenings from 6:00 p.m. until 9:00 p.m., and Thursday nights from 7:30 p.m. to 10:00 p.m. Mr. Ramos stated that the congregation has approximately 30 members and that during services the maximum number of cars attributed to the church would be 14. A. Delelle asked if anyone will be in the church other than during the hours of operation and Mr. Ramos responded no. The commission held discussion and agreed that there is more than adequate parking to accommodate this church. Chairman Pomeroy asked for comments from the public. John Plaskon, 5 Carmel Drive asked if any of the church members are residents of Prospect and if the church could be a residence. The commission stated that this is a business property and cannot be used as a residence. G. Graveline asked if there would be any music playing loudly inside or outside and Mr. Ramos responded no. G. Ploski asked Mr. Ramos if this church was registered as a church with the State of Connecticut to which Mr. Ramos responded yes and that he would provide the Land Use Office a copy of the registration. Bill Donovan suggested that the commission require the submittal of such registration as proof of being a legal entity in the State of Connecticut a condition of the Special Permit. Bill Donovan asked if the “pastors” receive any special training and Mr. Ramos stated no that the teachings are provided by stories from church elders and their experiences from life. A. Delelle asked if there will be any signs and Mr. Ramos stated that there will only be small lettering on the window. Motion by G. Ploski, seconded by A. Delelle to close the public hearing and approve the application from Christian Congregation, 6 New Haven Road for a Special Permit for a Church with the condition that a copy of the church’s documents validating its legal existence be provided to the Land Use Office. Unanimous. Chairman Pomeroy stated that “In the Commission’s judgment, the application complies with the criteria set forth under Section 12.10 – Special Findings of the Prospect Zoning Regulations.”
8:00 p.m. Proposed Revisions to Prospect Zoning Regulations. Section 4.11 Earth Excavation, Deposition and Regrading Activities; Section 3.1 Uses By District; and Section 5.4 Home Occupation. Chairman Pomeroy asked for comments from the public. With none, the Commission held general discussion with Land Use Inspector Bill Donovan. Motion by A. Havican, seconded by G. Ploski to approve the proposed amendment of Earth Excavation, Deposition, and Regrading Activities, Section 4.11.2.2 of the Zoning Regulations. Unanimous. Motion by A. Havican, seconded by A. Delelle to approve the proposed amendments to Sections 3.1, Uses By District and 5.4, Home Occupation of the Zoning Regulations. Unanimous. Motion by A. Havican, seconded by A. Delelle to set an effective date of May 3, 2010 for the Zoning Regulation Revisions adopted at the April 7, 2010 meeting. Unanimous.
Land Use Inspector’s Report: (continued)
Bill held discussion with the commission regarding Article 5 Accessory Uses in Residential Zones. Motion by G. Ploski, seconded by A. Havican to set a public hearing for June 2, 2010 at 7:10 p.m. on proposed amendments to the Zoning Regulations to remove Sections 3.4.11, 3.5.11, 3.6.11, and 3.8.14. Unanimous. Motion by A. Havican, seconded by A. Delelle to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:25 p.m. Unanimous.
Don Pomeroy, Chairman