July 21, 2010
Chairman Pomeroy called the meeting to order at 7:01 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, Kevin Clifford
Others Present: William Donovan, Land Use Inspector
Motion by A. Havican, seconded by A. Delelle to approve the July 7, 2010 minutes. Unanimous.
Correspondence:
1. Connecticut Federation of Planning & Zoning Agencies - Quarterly Newsletter - Summer 2010.
2. Letter dated 7/14/10 from August Lenhart of Prospect Estates, LLC requesting the release of the remaining security bond of $18,500.00 for the Prospect Estates Subdivision on Cook Road.
Motion by G. Ploski, seconded by A. Havican to accept the correspondence. Unanimous.
In response to Mr. Lenart’s letter dated 7/14/10, Bill Donovan recommended that the commission deny the request for the release of the remaining bond at this time. According to Mayor Chatfield, fittings and connections have not been completed on the buried water storage tank preventing access to the water supply stored in this structure. After commission discussion, Motion by A. Havican, second by A. Delelle to extend the Subdivision Approval on the Prospect Estates Subdivision located at 193 & 193R Cook Road until August 31, 2010. Unanimous. The commission agreed to this extension with the understanding that if the buried water storage tank is not completed in the near future, the commission will proceed to call the bond and hire someone to properly complete the buried water storage tank.
Public Participation:
Chairman Pomeroy asked the public for comment. Fire Marshal Keith Griffin came before the commission to give them an update on 2 - 4 Summit Road. Mr. Griffin outlined the recent history of this commercial property and stated that he recently became aware of an unauthorized occupied apartment on the second floor. Mr. Griffin stated this unauthorized apartment does not meet State of Connecticut Fire Code or Building Code and that he is concerned for the safety of the tenant. Mr. Griffin stated that he has spoken with Land Use Inspector Bill Donovan who confirmed that the Planning & Zoning Commission had approved in 2006 only one residential apartment for this property and did not authorize this second residential apartment. Mr. Griffin additionally stated that the owner also did not receive an approval from the Chesprocott Health District for this second residential apartment on the second floor. Mr. Griffin stated that there is one occupied residential apartment on the first floor which meets code and has been approved by him, the Building Inspector Bill Scarpati and Bill Donovan. He further stated concern over the owner’s pending plan for a child daycare center on the property and outlined what work the owner would need to complete in order for a child daycare center in the building to meet the Fire Code. After discussion over the safety of the tenant residing in the unauthorized apartment on the second floor, the commission instructed Bill Donovan to issue a Cease & Desist Zoning Enforcement Order and request that the property owner appear before the Planning & Zoning Commission at their next meeting.
New Business:
1. Set effective date for the adopted Aquifer Protection Area Regulations recently approved by The Department of Environmental Protection. The Chairman read a letter dated 7/1/10 from Paul E. Stacey, Director of the Planning and Standards Division of the State of Connecticut’s Bureau of Water Protection and Land Reuse saying the Department of Environmental Protection has determined Prospect’s regulations are consistent with the DEP’s regulations and has received State approval. An effective date can now be approved by the commission. After commission discussion, Motion by G. Ploski, second by A. Havican to set an effective date of September 1, 2010 for the Town of Prospect’s Aquifer Protection Area Regulations which were adopted by the Prospect Aquifer Protection Agency on January 31, 2010. Unanimous.
G. Ploski and D. Santoro excused themselves from the meeting.
Public Hearings:
7:10 p.m. Christopher & Whitney Caporaso, 176 Straitsville Road - Proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone (continued from 7/7/10). Whitney Caporaso appeared before the commission with Bob Testa, an independent consultant from Norwalk, CT. Mrs. Caporaso briefly outlined the proposed amendments to her existing special permit and submitted a proposed overflow parking plan showing an additional 5 parking spaces. J. Crumb stated concern about the proposed “overflow” parking area as it shows vehicles will be parking up against the stonewall and questioned the integrity of the stonewall. Mr. Testa stated that should the commission approve this application and the need for the overflow parking spaces arise, the applicants agree to put up a guardrail along the top of the stonewall in front of the “overflow” parking area and will have an engineer certify as to the safety of said stonewall. Mr. Testa stated that if the proposed “overflow” parking is used, the applicants will build a sidewalk along the Straitsville Road side of the property which will allow customers to walk out of the “overflow” parking area, down the sidewalk along Straitsville Road, and then onto the proposed gravel driveway over to the proposed “roadside stand”. Mr. Testa also provided a proposed design for the Town easement portion of the Porter Hill Road side of the property stating that the applicants propose to plant trees or place rocks in the Town’s easement area in order to block customer parking on the Porter Hill Road side of the property. Stating concern over snowplowing, Bill Donovan suggested that Mr. Testa speak to the Town’s Public Works Department before proceeding with any work in the Town’s easement portion of the applicant’s property. Mr. Testa stated that the existing drive thru from the Porter Hill Road side of the property will be eliminated and that the existing driveway in front of the “sugarhouse” on the Porter Hill Road side of the property will remain. The Chairman asked for comments from the public. Ann Marie Santoro, 5 Porter Hill Road stated that the residents of Porter Hill Road did not buy or build their homes on Porter Hill Road to live near a business. Mrs. Santoro stated that it is already difficult to enter onto Straitsville Road from Porter Hill Road and if the commission allows a business in this residential area it will become even worse. After discussion, it was agreed that this public hearing would remain open in order for the applicants to provide the commission with an updated site plan showing all of their proposals for the property. Mrs. Caporaso agreed to extend this public hearing for an additional 30 days and stated she would bring the Land Use Office written confirmation of said extension within the next few days. Chairman Pomeroy continued the public hearing until August 4, 2010 at 7:10 p.m.
Old Business:
1. Linda Ploski, G & G Trust, 103 Union City Road - Application for a Text Amendment to Zoning Regulations Section 3.1, Article 3 District Regulations. After commission discussion, Motion by A. Havican, seconded by A. Delelle to allow a text change to add “Gunsmith Activities” as a permitted use within the Business District and set an effective date of September 1, 2010. Unanimous. Motion by A. Delelle, seconded by A. Havican to add the definition of a “Gunsmithing” to the Zoning Regulations as being “Activity of person(s) who repairs, modifies, designs, and/or rebuilds firearms” and set an effective date of September 1, 2010. Unanimous.
Land Use Inspector’s Report:
Bill reported that his office had received complaints about a roadside stand being operated off of the front yard of 155 Summit Road. Bill stated that he sent a letter out to the property owner ordering them to Cease & Desist the farm stand operation immediately. Bill stated that his letter also informed the owner that a “roadside stand” requires a Special Zoning Permit from the Planning & Zoning Commission. D. Pomeroy stated that he drove past this roadside stand and stated concern over traffic safety. Bill discussed the letter to the commission dated 6/7/10 from Alberto Mimo, Chairperson of Prospect’s Conservation Commission. Bill reported that the once stagnant Conservation Commission is being revived and was established in 1972 by way of an Ordinance and for commission information read a portion of the ordinance as follows “to keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, for the purpose of obtaining information on the proper use of such areas and may recommend plans and programs for the development of such areas to the chief officer, the Planning & Zoning Commission, and the Town Council of Prospect”. Bill stated, in his opinion, Mr. Mimo was writing to the commission in accordance with this ordinance requesting the Conservation Commission be included in the review of future land development proposals. 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 J. Crumb to adjourn at 8:57 p.m. Unanimous.
Donald Pomeroy