December 15, 2010
Chairman Pomeroy called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D Pomeroy, A. Delelle, G. Ploski, J. Crumb
Alternates Present: G. Graveline, D. Santoro
Absent: A. Havican, K. Clifford (alt)
Others Present: William Donovan, Land Use Inspector
Chairman Pomeroy seated D. Santoro for A. Havican
Motion by A. Delelle, seconded by G. Ploski to approve the December 1, 2010 minutes. Unanimous.
Correspondence:
1. Letter dated 12/3/10 from Save Prospect Corp. in response to BNE Energy’s petition filing to the Connecticut Siting Council.
2. Letter from William Donovan, Land Use Inspector dated 12/15/10 regarding Toll Brothers’ request for a final release of the performance bond for the Phase I, Regency at Prospect development.
Chairman Pomeroy read William Donovan’s letter into the record. After discussion, Motion by D. Santoro, seconded by J. Crumb to approve final release of the remaining $111,708.00 performance bond on Phase I, Regency at Prospect. Unanimous.
3. Letter from William Donovan, Land Use Inspector dated 12/15/10 regarding Toll Brothers’ request for a final release of the performance bond for the Phase 2, Regency at Prospect development.
Chairman Pomeroy read William Donovan’s letter into the record. After discussion, Motion by A. Delelle, seconded by G. Ploski to approve final release of the remaining $ 52,393.00 performance bond on Phase 2, Regency at Prospect. Unanimous.
Motion by D. Santoro, seconded by A. Delelle to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Christine Segala, 21R Mikayla Lane – Permit for the keeping, breeding and raising of livestock (horses). Christine Segala appeared before the commission. Chairman Pomeroy read into the record an e-mail from Lawrence T. Farrell, owner of 21 R Mikayla Lane authorizing Mrs. Segala to present this application before the commission. Mrs. Segala reviewed with the commission her plans to keep horses on this 8 ½ a-acre residential parcel. The horses will be housed in a barn on the property and kept for domestic, non-commercial use. The commission reviewed with Mrs. Segala Section 4.7 Agricultural Uses to ensure compliance with the regulations. There will be 4 horses permanently kept on the property at this time. Manure will be removed from the property on a routine schedule by a commercial company. W. Donovan stated the property owner has obtained Inland Wetlands approval for this proposed use. Chairman Pomeroy noted that Mrs. Segala notified by mail to abutting property owners her intention to keep horses on her property.
There are no plans to board horses owned by others. With no further discussion, a Motion by G. Ploski, seconded by J. Crumb to approve the application of Christine Segala as presented was Unanimous.
Public Hearings:
a. 7:10 p.m. (scheduled) Planning & Zoning Commission for proposed amendments to the Zoning Regulations, Section 3.1 to add “Redemption Center” and “Recycling” as permitted uses by Special Permit within the Business, Industrial 1 and Industrial 2 zones and to also amend Section 2.2 “Definitions” to include a definition of “Redemption Center” and “Recycling”. Chairman Pomeroy read into the record the “Notice of Public Hearings” on this proposal as it appeared in the Republican American on December 3 & 10, 2010. Chairman Pomeroy further introduced correspondence from the South Central Connecticut Regional Planning Commission and a notice of receipt from the Council of Governments of the Central Naugatuck Valley. The Chairman introduced relevant proposed revisions and examples to the zoning regulations prepared by William Donovan and Commissioner G. Ploski. G. Ploski further described specific examples of reverse vending, upcycling, and recycling processes and asked Roger Hamelin, 1 Merriman Lane to give a brief explanation to the commission of his intentions to establish a reverse vending business in Prospect for the collection and redemption of plastic and glass reusable containers. G. Ploski stated that the regulations need to have clear definitions of upcycling, recycling and reverse vending to properly accept and review applications for these types of businesses as they may come before the commission. G. Graveline questioned how retail sales relate to reverse vending within an industrial zone. G. Ploski stated under a Special Permit, retail sales can, and have been allowed in an industrial zone. G. Graveline is concerned with homeowner traffic in an industrial zone. There were no comments from the public, and after further discussion, Chairman Pomeroy asked G. Ploski, G. Graveline and W. Donovan to review the definition of reverse vending and retail sales. Chairman Pomeroy carried this public hearing over to the next meeting scheduled for January 5, 2011 at 7:10 p.m.
b. 7:20 p.m. (scheduled) Dependable Energy, Inc., 13 Gramar Avenue – Special Permit application for the placement of two 30,000 gallon LP storage tanks and wholesale of LP gas. Chairman Pomeroy read into the record the “Notice of Public Hearings” on this application as it appeared in the Republican American on December 3 & 10, 2010. Glenn Noble of Dependable Energy, Inc. represented the applicant. He presented a letter from A&N Equities, LLC, and owner of 13 Gramar Avenue authorizing Mr. Noble to apply for this Special Permit on this property. He introduced a letter from the Prospect Fire Marshall to Dependable Energy stating the proposed plans for the two 30,000 gallon propane storage tanks meet the appropriate fire codes of the NFPA 58. Mr. Noble reviewed with the commission his site plan showing the placement of a stone bed foundation for the storage of two above-ground LP storage tanks on the property. The tanks will store LP gas for his company’s business, Dependable Energy and for the wholesaling to his competitors. Chairman Pomeroy further read into the record a letter from the Chesprocott Health District stating there is sufficient land area for a future septic system repair, if needed, and therefore the Health District approves this installation. Mr. Noble stated the tanks will be contained within an 8-foot high chain-link fence with 18” of barbed wire around the top. There will be security lighting installed. An abutting loading and unloading area will be installed for deliveries and sales of LP gas to wholesale customers. Chairman Pomeroy asked for comments from the public. Dick Sargeant, 1 Radio Tower Road believes additional reviews of this application by those who have the pertinent engineering background and business experience are needed before the commission makes a decision. G. Ploski questioned the fencing existing between 9 & 13 Grammar Avenue. Mr. Noble stated a sliding gate on the fence will allow access to the storage tanks. The tanks will be completely enclosed and locked at night. D. Pomeroy question the method of stabilization of the proposed slope easterly of the storage tanks. Mr. Noble stated the slope will be loamed and seeded. G. Graveline confirmed with Mr. Noble that he will comply with all pertinent State fire safety codes. Mr. Noble reviewed the storm water management plan detailed on the site plan. There will be no drainpipe in the stone bed on which the tanks will be placed. Rain runoff from the tanks will be collected within the stone bed. With no further discussion a Motion by G. Ploski, seconded by A. Delelle to close the public hearing at 8:00 p.m. was Unanimous. Motion by G. Ploski, seconded by A. Delelle to approve the Special Permit application of Dependable Energy, Inc. 13 Gramar Avenue with amendments for the placement of two above-ground 30,000-gallon LP Storage tanks and wholesale of LP gas and as shown on a Site Development Plan prepared for A & N Equities LLC, 13 Gramar Ave., Prospect, CT entitled “Proposed L.P. Gas Storage, 13 Gramar Ave., Prospect, CT with latest revision date of 12/11/10. Unanimous. Chairman Pomeroy stated for the record that per the requirements of Section 12.10 Special Findings of the Regulations, this application has met each of the criteria as set forth in this Section.
Old Business: None
Land Use Inspector’s Report:
Bill Donovan reported he has observed many vehicles stored outdoors that are damaged and partially dismantled at the High Output Automotive Performance business at 123 Union City Road that are, in his opinion, in violation of the January 2005 Special Permit issued for an automobile repair service. J. Crumb indicated that oils from this location are leaching onto neighboring property. Bill stated he is directing the permit holder to appear at the January 5th meeting. G. Ploski mentioned two separate directory signs located at this property. D. Pomeroy mentioned trailers parked on the corner of Route 69 and Orchard Drive. J. Crumb questioned the status of the business being run from 23 Cheryl Lane. Bill stated the property owner came into his office for a Home Occupation permit and related he will move his commercial equipment elsewhere. D. Pomeroy brought up the neighbor’s concerns of parking and start-up time of a recently approved Home Occupation on Chandler Drive. Bill stated Michael Marino was asked to provide a detailed plot plan to scale showing parking for his business and residential use. He was not able to make tonight’s meeting due to a conflict with a final exam scheduled for this time. Michael stated he will be at the next meeting in January. Motion by D. Santoro, seconded by J. Crumb to approve the Land Use Inspector’s report. Unanimous.
Public Participation:
Tim Reilly, 17 Woodcrest Drive speaking as the President of “Save Prospect Corp” presented and discussed information in a research manual for the commission’s examination entitled “Prospect For Safe & Responsible Alternative Energy”. The manual was prepared in response to the proposed wind turbine facility to be located at 178 New Haven Road that “Save Prospect Corp” is opposed to. Mr. Reilly presented and read a “Wind Power Development Orders” to the commission that places restrictions on the location, hours of operation and permit approval for wind turbines and asked the commission to accept and approve these orders as measures to protect the health, safety and well-being of its residents. J. Crumb questioned the rational of these orders and the potential legal costs to the Town if challenged. G. Ploski stated if approved, these orders, which are site specific, effectively eliminate 178 New Haven Road as a potential site for a wind turbine. Chairman Pomeroy directed Bill Donovan to review the authority of these orders with the town’s attorney. Dick Sargeant, 1 Radio Tower Road implored the commission to protect the residents of Prospect. Bob Moore, 42 Woodcrest Drive stated concerns with the speed of the blade’s rotation relative to ice throw. Richard Sargeant Jr., 3 Radio Tower Road wants a reasonable margin of safety with the location of a wind turbine. Helen Plant, 5 Rosewood Drive asking what legal recourse does a resident have if a personal tragedy occurs due to a wind turbine operation. Virginia Proto, 7 Woodcrest Drive questioned the wisdom of the proposed site. Paul Deleo, 36 Colonial Drive asked the commission to allow other points of view on this subject to be expressed to the commission. Tim Reilly, 17 Woodcrest Drive expressed the tremendous personal pressures caused by this wind turbine proposal. Fred Bonyai, 18 Woodcrest Drive has work history with utilities and is very concerned with the dangers of ice fall from these turbines. G. Ploski stated he would like to hear from the Town’s attorney on this whole issue before going forward in any one direction. Chairman Pomeroy with the consensus of the commission asked that the Land Use Inspector obtain a response from the attorney concerning the “Wind Power Development Orders” presented tonight to be available for the January 5th meeting to help provide a responsible direction that the commission follow with regards to its role in the review process and authority over the proposed wind turbine facility.
Adjournment:
Motion by D. Santoro, seconded by G. Ploski to adjourn at 9:30 p.m. Unanimous.
Donald Pomeroy, Chairman