P&Z Minutes - March 3, 2010

Planning & Zoning

Approved Minutes

March 3, 2010

Chairman Pomeroy called the meeting to order at 7:04 p.m. The meeting was taped.

Members Present: D. Pomeroy, A. Havican, J. Crumb, G. Ploski
Alternates Present: None
Absent: A. Delelle, G. Graveline (Alt.), D. Santoro (Alt.), Ed Miller (Alt.)

Approval of Minutes:
Motion by A. Havican, seconded by G. Ploski to approve the February 17, 2010 minutes, as amended. Unanimous.

Correspondence:
1. Connecticut Federation of Planning and Zoning Agencies - Quarterly Newsletter
2. Council of Governments, Central Naugatuck Valley - January 12, 2010 Minutes

Motion by A. Havican, seconded by J. Crumb to accept the correspondence. Unanimous.

Public Participation: None

New Business:
a. CRT Realty, LLC, Knollwood Place - Set hearing to call remaining subdivision bond. Land Use Inspector Bill Donovan reported that he received confirmation that the Town Attorney has received the necessary paperwork in order for them to extend the bond and therefore no commission action needs to be taken on this matter.

G. Graveline arrived at 7:20 p.m. Chairman Pomeroy seated G. Graveline for A. Delelle.

b. Michael McAllen, TCS Properties, LLC, 170 Scott Road - Pre-application review for a proposed Zone District Change and proposed text amendment change to Zoning Regulations Section 3.8 Commerce Park District. Attorney Warren Hess, 180 Church Street, Naugatuck, CT, Steven Sullivan, P.E., 40 Old New Milford Road, Brookfield, CT and Christine McAllen appeared to discuss changing the current RA-1 Zone on 170 Scott Road to Commerce Park District Zone and a possible text amendment change to Zoning Regulations Section 3.8 Commerce Park District. Attorney Hess stated that currently there is an 8-unit 55 year and older apartment building on the property which borders industrial zoned property in Waterbury which is also owned by the McAllens. Attorney Hess stated that the proposed changes would be necessary in order to build an approximately 7,500 sq. ft. structure which would house a general contractor’s business operation. Attorney Hess stated that in addition to obtaining Planning & Zoning approval, the property owner would also need to obtain 2 or 3 variances from the Zoning Board of Appeals. Mr. Sullivan submitted a Feasibility Study dated 12-17-09, a handout showing the location of the parcel being proposed for the zone change, and 8 photographs of the property for the commission’s review. The commission discussed their individual interpretations of paragraph 3 of Section 2.1 which allows only one principal use per lot as it may pertain to this application. Attorney Hess stated that he, Mr. Sullivan and the property owner will further review the Commerce Park District portion of the regulations and the Zoning Board of Appeals variance matters and return before this commission with a formal application.

Public Hearing:
7:10 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. The commission held general discussion with Land Use Inspector Bill Donovan. There were no comments from the public. Chairman Pomeroy continued the public hearing until March 17, 2010 at 7:10 p.m.

Old Business: None

Land Use Inspector’s Report:
Bill updated the commission on One Old School Road’s two pending legal matters. Bill stated that Gene McCarthy, Assistant Public Works Director, asked him to speak to the Planning & Zoning Commission about the Town acquiring, by eminent domain, a small portion of private property on Kluge Road. There is a severe drainage issue which causes an extreme icing problem on the Town’s portion of Kluge Road. The commission stated that they did not feel that eminent domain fell within their jurisdiction. Bill reported that he issued a formal recommendation to the Prospect Town Council as directed by the commission allowing Mayor Robert Chatfield to make application for an Interim Change to the Office of Policy and Management’s Locational Guide Map for the Gateway Design Commercial Zone and that the Council was very receptive. Lastly, Bill stated that he would place a “yearly reminder notice” in the Prospect Pages reminding homeowners to obtain all necessary permits, etc. and that canvas/plastic huts are expressly prohibited. Chairman Pomeroy asked Bill to follow up on the canvas hut on Scott Road and the tractor trailer being kept on Scott Road across from Regency at Prospect. Motion by A. Havican, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.

Public Participation: None

Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 8:35 p.m. Unanimous.

Don Pomeroy, Chairman