P&Z Minutes - January 20, 2010

Planning & Zoning

UN - Approved Minutes

January 20, 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: None
Absent: G. Graveline (Alt.), Dave Santoro (Alt.), Ed Miller (Alt.)

Approval of Minutes:
Motion by A. Delelle, seconded by A. Havican to approve the January 6, 2010 minutes. Unanimous.

Correspondence:
1. Council of Governments Central Naugatuck Valley - Minutes from the September 15, 2009 meeting.
2. Land Use Leadership Alliance - four day training program invitation.
3. Carla Erickson, Chair WPCA - letter dated 1/16/10 re: 1/25/10 workshop and draft Sewer Service Area map.
4. David V. Carson, OCC Group, Inc. - copy of letter dated 1/7/10 addressed to WPCA re: Villa Rosa Banquet Facility and the amendment to Zoning Regulations Section 12.6 Sanitary Permit.

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

Public Participation: None

After commission discussion with Land Use Inspector Bill Donovan, Motion by G. Ploski, seconded by A. Havican to add Prospect Estates Subdivision, Saddle Court to the Agenda under New Business in order to discuss calling the bond. Unanimous.

Public Hearings:
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. Chairman Pomeroy read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on January 8th & 15th, 2010. Bill Donovan briefly outlined the proposed amendments. Chairman Pomeroy asked for public comment. John Kaufman, 84 Clark Hill Road stated concern about the impact that may be caused to wetlands by the proposed “loosening” of the regulations Section 4.11 Earth Excavation, Deposition and Regrading Activities. Mr. Kaufman also stated as to Section 5.4 Home Occupation that he would like the commission to keep the regulation as is requiring all home occupation applicants to have a public hearing and to notify their abutting neighbors of said hearing. Linda Brylewski, 22 Cornwall Avenue asked if as to Section 5.4 Home Occupation the only change was replacing the word “shall” with “may” with the Planning & Zoning Commission making the decision as to whether or not a public hearing needs to be held on a home occupation application and Bill Donovan stated that’s correct. Dave Carson, Managing Principal of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT stated that he is aware that other towns do not require a similar earth deposition permit for approved subdivision lots. He further stated that these lots are exempt from having to apply for an additional permit for earth deposition, grading, etc. After commission discussion Chairman Pomeroy continued the public hearing to February 3, 2010 at 7:10 p.m.

7:20 p.m. Giuseppe Geloso, 157 Waterbury Road - Special Permit Application for a Banquet Facility (continued from 10/21/09). David Carson, Managing Principal of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT appeared on behalf of the applicant. Chairman Pomeroy read the letters from Land-Tech Consultants, Inc. dated 1/13/10 and Carla Perugini-Erickson, Chair of the Prospect Water Pollution Control Authority dated 1/20/10 into the record. Mr. Carson, in response to recommendations made by Gene McCarthy, the Town’s Assistant Public Works Director, and to correct a scrivener error, provided the commission with an updated sheet GU-1 showing these corrections. After commission discussion, Motion by A. Havican, seconded by G. Ploski to close the public hearing on the Special Permit Application for a Banquet Facility from Giuseppe Geloso, 157 Waterbury Road. Unanimous. Chairman Pomeroy asked Land Use Inspector Bill Donovan to prepare a draft Resolution of Approval for the Commission to review at the next meeting on February 3, 2010.

7:45 p.m. Toll Brothers - Regency at Prospect - Proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing. (Withdrawn) Chairman Pomeroy read the letter dated 1/15/10 from Dan Walton, Assistant Vice President of Toll Brothers, stating that Toll Brothers has decided to withdraw its application to lower the age restriction at Regency at Prospect from 55 years to 50 years. Chairman Pomeroy stated that the application is now formally withdrawn.

Old Business:
a. 2010-2011 Budget Request (7/1/10-6/30/11) ). The commission reviewed dollar amounts spent thus far for the individual budget items and agreed to increase Item #5600 (Engineering) to $4,250.00 for a total proposed budget for the 2010-2011 fiscal year of $10,550.00. Motion by A. Havican, seconded by A. Delelle to approve the proposed budget for the fiscal year 2010-2011. Unanimous.

New Business:
a. Prospect Estates Subdivision, Saddle Court - Discuss calling the bond. Bill stated that the 5- year subdivision approval is set to expire on March 2, 2010 without all of the physical improvements required by the approved plan being completed. Specifically, Bill stated that a 4,000 gallon buried water cistern has still not been installed leaving the four families currently residing in the subdivision without this water source for a fire emergency. Bill stated that there is a site improvement bond on the subdivision with a balance of approximately $18,800.00. After commission discussion, Motion by J. Crumb, seconded by G. Ploski to set a hearing for February 3, 2010 at 7:45 p.m. to call the bond on the Prospect Estates Subdivision. Unanimous.

Land Use Inspector’s Report:
Bill reported that he has sent a letter out to the property owner of 69 Waterbury Road directing him to come before the commission during their February 3rd meeting to discuss their repeated request for an updated site plan. Bill also stated that he is following up on the tree cutting operation located at 59 Plank Road. Motion by J. Crumb, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.

Public Participation: None

Adjournment:
Motion by A. Havican, seconded by J. Crumb to adjourn at 8:55 p.m. Unanimous.

Don Pomeroy, Chairman