November 3, 2010
Vice Chairman Delelle called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, A. Havican, G. Ploski, J. Crumb
Alternates Present: D. Santoro (7:15 p.m.)
Absent: G. Graveline, K. Clifford
Others Present: William Donovan, Land Use Inspector
Vice Chairman Delelle assumed the Chairman’s position for this meeting.
Motion by D. Pomeroy, seconded by A. Havican to approve the October 20, 2010 minutes. Unanimous.
Correspondence:
a. Letter dated 11/3/10 from Planning & Zoning Clerk Tammy DeLoia re: 2011 meeting dates.
b. Letter dated 10/22/10 from Land Use Inspector/ZEO William Donovan to TSC Properties,
LLC re: violations on 170 Scott Road.
c. Letter dated 10/28/10 from Jack D. Edsall re: Senor Panchos’ Restaurant
Chairman Delelle referenced the correspondence received from William Donovan and Jack D. Edsall and stated that these matters would be addressed later in the meeting.
Motion by D. Pomeroy, seconded by G. Ploski to accept the correspondence. Unanimous.
Public Participation:
Chairman Delelle 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. T. Satkunas, 232 New Haven Road stated strong opposition to the proposed wind turbines proposed to be located on 178 New Haven Road. Mr. Satkunas stated that he owns three properties in the vicinity of the proposed site and is concerned about noise and dropping real estate values and asked the commission for guidance on who he may speak with to voice his concerns. D. Pomeroy stated that he may attend the Siting Council’s public meetings on the project. Roger Hamlin, 1 Merriman Lane appeared before the commission and stated that he wanted to open a bottle and can redemption center in Town. Mr. Hamlin explained the redemption center process for the commission and asked if such a business would be allowed in the Business Zone or if it would need to be in an Industrial Zone. After discussion the commission agreed that such a business would be allowed in a Business Zone.
New Business:
a. Ken Faroni, O & G Industries, Inc. – Application for renewal of two year special permit. Ken Faroni appeared and submitted an Application for a 2 Year Renewal of O & G’s Special Permit, the application fees; topographical maps; phased mining plans; a Reclamation Plan; Certificate of Insurance; a certificate of performance bond in the amount of $377,000.00; complaint, blasting, photograph & notification logs; and a list of abutting property owners. Mr. Faroni asked the commission to accept this application and schedule a public hearing. Motion by G. Ploski, seconded by A. Havican to accept the application submitted by O & G Industries, Inc., 147 Salem Road, for a 2 year renewal of their Special Permit and set a public hearing for November 17, 2010 at 7:10 p.m. Unanimous.
Public Hearing:
7:10 p.m. Proposed amendments and additions to Zoning Regulations Section 4.13 Floodplains and Flood Hazard Areas; Article 2.2 Definitions; Article 15 Zoning Board of Appeals; and, Subdivision Regulations Section IV General Regulations. The clerk read into record the “Notice of Public Hearing” for the public hearing as it appeared in the Republican-American on October 22 & 29, 2010 and stated for the record that the Land Use Office has sent out the required notices of the proposed changes to the abutting Towns, South Central Connecticut Regional Planning Commission, and Council of Governments of the Central Naugatuck Valley and has verification of receipt from each of them. Chairman Delelle opened the public hearing. Land Use Inspector Bill Donovan briefly outlined the proposed changes and stated that if Prospect does not update their regulations to include the minimal language that satisfies The Federal Emergency Management Agency (FEMA), Prospect residents whose homes are located within a floodplain will not be eligible for the National Flood Insurance Program. After commission discussion and with no comments from the public, the public hearing was continued until November 17, 2010 at 7:20 p.m.
Old Business:
a. Tammy Paolino, 10 Barry Lane – drainage issue. Bill Donovan reported that no formal meeting has taken place since the last time this issue was discussed before this commission.
b. Senor Panchos, 280 Cheshire Road – discussion on outdoor events. Andy Adames appeared before the commission. Chairman Delelle read Mr. Edsall’s letter of complaint dated 10/28/10 into the record (see correspondence). D. Pomeroy excused himself from discussion on this matter stating that he lives in the area. Mr. Adames stated that he will not be having anymore bull riding events. Mr. Adames also stated that he will continue to try to be a good neighbor by keeping his patrons off the patio after 11:00 p.m., shutting windows, turning speakers, and turning down music. Mr. Adames stated that he has received his “catering permit” from the State of Connecticut which allows him to hold outdoor events and that he would like to hold small functions outside in the future. Chairman Delelle stated that Mr. Adames will have to come back before this commission to modify his current permit to be allowed to hold functions outside. The commission held general discussion on the possibility of a “special event permit”. D. Pomeroy returned to the commission and asked Mr. Adames to clean out the catch basin in the parking lot as it is taking in silt. Mr. Adames stated that Mr. Skabardonis owns the catch basin but regardless, he would address it immediately.
Attorney Warren Hess appeared on behalf of TSC Properties, LLC, 170 Scott Road in response to Land Use Inspector Bill Donovan’s violation letter (see correspondence). Attorney Hess stated that Mr. Donovan was 100% correct and that the equipment was moved off the property within 24 hours of receiving the letter.
Land Use Inspector’s Report: None
Public Participation:
T. Satkunas, 232 New Haven Road apologized to the commission for venting his frustration earlier in the meeting and thanked the commission for listening.
G. Ploski suggested that the commission make a text amendment to Section 3.1 Uses by District of the zoning regulations to add “redemption/recycling” as a permitted use 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 what “redemption/recycling” is. After commission discussion, Motion by A. Havican, seconded by G. Ploski to set a public hearing for December 15, 2010 at 7:10 p.m. for the above noted amendments to the zoning regulations. Unanimous.
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 8:30 p.m. Unanimous.
Alexander Delelle, Chairman