May 19, 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, G. Ploski and J. Crumb
Alternates Present: G. Graveline, D. Santoro, Kevin Clifford
Absent: N/A
Motion by A. Delelle, seconded by G. Ploski to approve the May 5, 2010 minutes. Unanimous.
Correspondence:
1. Connecticut Federation of Planning and Zoning Agencies Newsletter - Spring 2010.
2. David Carson, Managing Principal of OCC Group, Inc. - letter dated 5/18/10 re: Special Permit Approval for Villa Rosa Banquet Facility and STC application.
Motion by A. Havican, seconded by A. Delelle to approve the correspondence. Unanimous.
Public Participation:
Chairman Pomeroy asked the public for comments and stated that while public comments are strongly encouraged, the commission will only dedicate 10 minutes to any one subject. David Carson, Managing Principal of OCC Group, Inc. reviewed his letter to the commission dated 5/18/10 re: Special Permit Approval for Villa Rosa Banquet Facility and STC application.
Public Hearings:
7:10 p.m. TSC Properties, 170 Scott Road - Application for Change of Zone Designation and an Application for a Text Amendment to Zoning Regulations Section 3.8 Commerce Park District. (continued from April 21, 2010) Attorney Warren Hess, 180 Church Street, Naugatuck, CT, Michael McAllen, Principal of TSC Properties, and, Engineer Steve Sullivan of CCA, LLC, 40 Old New Milford Road, Brookfield, CT appeared before the commission. Chairman Pomeroy read a letter into record dated 5/19/10 from Dan Walton, President of Regency at Prospect Homeowners Association in opposition to the application. The applicant provided the commission with a Cross Section plan dated 12-17-09; a Town of Prospect Zoning Map effective October 1, 2009 and a MapQuest map of the proposed parcel showing it’s distance away from Tulip Tree Lane located in Regency of Prospect. The applicant provided the commission with letters in support of this application from Barney & Carolyn Newsome of 178 Scott Road dated 5/13/10 and Paul Burgio of 176 Scott Road dated 5/12/10. The Chairman read these two letters in support of the application into the record. Chairman Pomeroy asked for comments from the public. G. Ploski asked the applicants how they plan to protect the Scott Road entrance near the apartments and stated concern over the turning slope and the possibility of slippery and dangerous conditions. S. Sullivan stated that ingress and egress access to the proposed building would only be from Progress Lane in Waterbury and that the Scott Road entrance would be protected with a breakaway chain which could be used for emergency vehicle access. Mr. Sullivan also stated that the applicants would be willing to put up a guard rail along the slope. Chairman Pomeroy stated that during the site walk he was disappointed to see that the applicants are already using the property to park commercial vehicles on a residential zoned property and that the pole rack on the property must have been brought onto the property through the Scott Road residential entrance by a 40’ truck. Mr. McAllen stated that there is now a chain across the Scott Road entrance and a sign has been posted stating “Use Progress Lane Entrance”. Lastly, Chairman Pomeroy stated concern about the amount of fill, including asphalt and bricks, which has already been brought onto the property. D. Santoro asked the applicants how they planned to stabilize the bank to prevent further washout. Mr. Sullivan stated that they would get rid of any remaining concrete and asphalt and use a combination of vegetation and geo-textile fabric to stabile the slope and possibly curb the area and tie the runoff into the drains in the adjoining Waterbury property driveway. Motion by A. Havican, seconded by G. Ploski to close the public hearing on TSC Properties, 170 Scott Road - Application for Change of Zone Designation and an Application for a Text Amendment to Zoning Regulations Section 3.8 Commerce Park District. Unanimous.
7:30 p.m. Lombard Group, 39-41 Waterbury Road - Site Plan Application for reconstruction of 12 residential units & demolition of existing 19 units. Chairman Pomeroy read into record a letter dated 5/10/10 from Stephen M. Giudice, L.S. requesting a 30 day extension for the public hearing. After commission discussion, Chairman Pomeroy continued the public hearing until June 2, 2010 at 7:20 p.m.
New Business:
a. Alberto Mimo, 55 Talmadge Hill Road - Application for a Home Occupation: Environmental and Education Consultant. Mr. Mimo did not appear before the commission. Chairman Pomeroy outlined the application and noted that the application fees have been paid. After commission discussion, Motion by A. Havican, seconded by G. Ploski to accept and approve the application from Alberto Mimo, 55 Talmadge Hill Road for a Home Occupation: Environmental and Education Consultant. Unanimous.
b. Christopher & Whitney Caporaso, 176 Straitsville Road - Proposed amendments to Approved Special Permit for Commercial Greenhouses in Residential Zone. Whitney Caporaso appeared before the commission and submitted an application to amend her Approved Special Permit dated 3/19/08. Mrs. Caporaso stated that she is requesting several amendments to her Special Permit Resolution of Approval dated March 19, 2008 and briefly reviewed attachments to her application which outlined proposed changes to Paragraph 1, Paragraph 2, Paragraph 4, and Paragraph 8. Mrs. Caporaso also attached and presented a site plan of the property dated 10/26/09 which she is requesting be substituted for the site plan which was approved with the Special Permit dated 3/19/08. Mrs. Caporaso presented the commission with her Farmer’s Tax Exemption Permit, two handouts from the Connecticut Department of Agriculture’s website 1) The “Right to Farm” Law and 2) Definition of Agriculture along with a copy of Planning For Agriculture: A Guide For Connecticut Municipalities. Mrs. Caporaso also requested that the commission waive the application fees stating that she already paid her fees when she received her original special permit in 2008. After commission discussion, Motion by A. Delelle, seconded by A. Havican to accept the application from Christopher Caporaso, 176 Straitsville Road for proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone and to deny the applicant’s request for the associated fees to be waived by the commission. Unanimous. Motion by A. Havican, seconded by A. Delelle to set a public hearing for June 2, 2010 at 7:30 p.m. on the application from Christopher Caporaso, 176 Straitsville Road for proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone. Unanimous.
c. James Juliani, 69 Waterbury Road - Site Plan Review. Mr. Juliani appeared to discuss modifying his existing site plan to rent a portion of his business property to Northern Storage & Transportation who are a vehicle repossession company for a credit union. Mr. Juliani stated that the repossession company would use the already fenced-in portion in the rear of the property which had been used for a repossession company in the past. Jason Grenier, 88 Center Street, Wolcott, CT, the owner of Northern Storage & Transportation, appeared before the commission and stated that the fenced-in area would be used as a temporary storage facility and that the vehicles would be stored on the property for approximately 15 days until they are released. Mr. Grenier also stated that he would not be doing any repairs on the vehicles which were repossessed; they would only be stored. After commission discussion, Mr. Juliani stated that he will make a formal application to modify his site plan, which will include a new site plan showing all of the current and proposed uses on the property.
Old Business: None
Land Use Inspector’s Report: None
Public Participation:
Chairman Pomeroy asked the public for comments and reiterated that while public comments are strongly encouraged, the commission will only dedicate 10 minutes to any one subject. Jim Kollcinaku, interpreting for E. Kollcinaku, 9 Corinne Drive repeatedly asked the commission to respond to questions she had asked previously about 1 Old Schoolhouse Road. Chairman Pomeroy repeatedly stated that upon the advice of legal counsel, the commission will not answer any questions or discuss any matters that are in litigation.
The commission held discussion on the Special Permit Approval for Villa Rosa Banquet Facility and the 5/18/10 letter from David Carson, Managing Principal of OCC Group, Inc. requesting clarification of the divergence between the Total Gross Floor Area of 50,000 S.F. and the building’s footprint of 30,000 S.F. which may prove helpful with the State Traffic Commission’s application. Motion by A. Havican, seconded by G. Ploski to authorize the Planning & Zoning Commission to provide a letter of clarification that the Architectural Drawings submitted and approved with the Villa Rosa Banquet Facility Special Permit application indicate a Gross Floor Area of 50,000 S.F. (which includes both basement and mezzanine areas). Unanimous.
J. Crumb stated concern about 22 Union City Road and the absence of striping and/or lines for handicapped parking spaces that were shown on the approved site plan. Chairman Pomeroy read into record the letter dated 5/13/10 that Land Use Inspector Bill Donovan sent out to the property owners of 59 Plank Road regarding the storage/parking of commercial vehicles. The Chairman stated that if this violation continues to occur a Cease & Desist should be issued.
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 8:37 p.m. Unanimous.
Don Pomeroy, Chairman