April 21, 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, J. Crumb, G. Ploski
Alternates Present: G. Graveline, D. Santoro, Kevin Clifford
Others Present: William Donovan, Land Use Inspector
Chairman Pomeroy welcomed Kevin Clifford to the commission.
Motion by A. Delelle, seconded by A. Havican to approve the April 7, 2010 minutes. Unanimous.
Correspondence:
1. 4/21/10 letter from Robert Capanna requesting a final release of the Summit Heights Subdivision bond in the amount of $31,000.00.
2. 4/21/10 letter from William Donovan, Land Use Inspector, stating that all required site improvements for the Summit Heights Subdivision have been completed and the bond can now be released.
Motion by A. Havican, seconded by G. Ploski to approve a final release of the Summit Heights Subdivision bond in the amount of $31,000.00. Unanimous.
Motion by A. Havican, seconded by G. Ploski to accept the correspondence. Unanimous.
Public Participation: None
New Business: None
Old Business: None
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. Chairman Pomeroy read into record the “Notice of Public Hearing” for the public hearing as it appeared in the Republican American on April 9, 2010 and April 16, 2010. The Chairman read into record a Referral letter dated 4/21/10 received from Virginia Mason, Assistant Director, Regional Planning Commission, Council of Governments of the Central Naugatuck Valley. 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. Attorney Hess provided the commission with the certificate of mailing receipts for the letters mailed to the abutting property owners and reviewed topographical photographs of the site. Attorney Hess stated that this application is to Change the Zone Designation at 170 Scott Road from RA-1 to Commerce Park District and an application for a text amendment 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 applicant. Attorney Hess stated that the proposed zone change to Commerce Park District and the text amendment to the Table of Uses from (N) not permitted to (SP) permitted by Special Permit in the Commerce Park District would allow the current apartment building to remain and allow the applicant to build an approximately 7,500 sq. ft. structure which would house a general contractor’s business operation on the remainder of the property. Attorney Hess stated that should this application be approved by the commission, the applicants will then have to come back before Planning & Zoning and seek a Special Permit for a General Contractor’s use in a Commerce Park Zone. Steve Sullivan stated that the proposed building will be accessed through Waterbury via the existing driveway of the adjacent Waterbury industrial parcel. Mr. Sullivan stated that the topography of the property shifts down to the north and the proposed building will be below the elevation of the apartment building with trees and landscape screening used to hide, protect and shield the building and noise from the existing residential homes and elderly complex. Joseph Bongiovanni, 43 Tulip Tree Circle, Regency of Prospect, stated that he is opposed to this project as the Regency of Prospect residential complex borders the subject property to the east and his property will be affected by noise and air pollution. Mr. Bongiovanni stated that he recently bought his home knowing that it was surrounded by residentially used property and that he does not want to see it changed to an industrial use. G. Graveline stated that he disagreed with Virginia Mason’s letter stating that he believes that only one of the three abutting side properties is residential. Bill Donovan stated he disagrees with G. Graveline and concurs with Virginia Mason’s opinion. After commission discussion, Chairman Pomeroy set a commission site walk of the property for April 28, 2010 at 4:30 p.m. Chairman Pomeroy continued the public hearing until May 19, 2010 at 7:10 p.m.
7:20 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 a letter addressed to Land Use Inspector William Donovan dated 4/19/10 from Stephen M. Giudice, L.S., Harry E. Cole & Son on behalf of The Lombard Group requesting a continuation of the public hearing until May 5, 2010. Chairman Pomeroy continued the public hearing to May 5, 2010 at 7:10 p.m.
7:45 p.m. Regional School District No. 16, 75 New Haven Road - Application for Change of Zone Designation. Chairman Pomeroy read a letter dated 4/16/10 from Attorney N. Warren Hess which stated that Regional School District No. 16 is withdrawing, without prejudice, their zone change application and will be resubmitting a new application at a later date. Chairman Pomeroy stated that the application is now formally withdrawn.
Land Use Inspector’s Report:
Bill updated the commission on Mayor Chatfield’s application for an Interim Change to the Office of Policy and Management’s Locational Guide Map for the Gateway Design Commercial Zone. The commission discussed and agreed that they did not feel that a public hearing was necessary on this matter. Bill also updated the commission on the DiLoreto lawsuit and reported that the matter is now finalized. Bill reported that in response to complaints he received, he sent a letter out to the property owners of 26 Elaine Court for keeping three antique fire engines and a backhoe in their backyard. Bill stated that in his opinion the accessory use of the outdoor storage of fire engines is not a specific permitted use in a residential zone and therefore is not allowed per the zoning regulations. Bill further stated that if the owners do not comply with his request, he will issue a Cease & Desist Order. Bill proposed for clarification an edit to the definition of “Area”. After commission discussion, Motion by A. Havican, seconded by G. Ploski to edit Zoning Regulations Section 2.2 Definitions to define “Area”. Unanimous. Motion by G. Ploski, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.
Public Participation:
Jim Kollcinaku, interpreting for E. Kollcinaku, 9 Corinne Drive asked the commission several questions on behalf of his mother and stated concern about 1 Old Schoolhouse Road and the property owner’s lack of compliance with the Planning & Zoning Regulations. Jim Kollcinaku, 22 Union City Road provided the commission with a copy of his letter dated 4/21/10 stating his various concerns with 1 Old Schoolhouse Road along with a diagram for a stone wall and stated concern over the safety of the stone wall built between 22 Union City Road and 1 Old School House Road. After discussion, the commission stated that the integrity of a stone wall is outside of their authority and knowledge and if Mr. Kollcinaku has a safety concern over the wall, he should contact the Building Inspector.
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:06 p.m. Unanimous.
Don Pomeroy, Chairman