January 6, 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
Absent: Ed Miller (Alt.)
Approval of Minutes:
Motion by G. Ploski, seconded by A. Havican to approve the December 16, 2009 minutes. Unanimous.
Correspondence:
1. Water Pollution Control Authority - Notice of Upcoming Workshop - Development of Wastewater Facilities Plan.
2. Nicholas & Maureen Pannullo, 152 Sycamore Drive, Regency at Prospect - copy of letter to Mayor Chatfield dated 1/1/10 in opposition to Toll Brothers’ request for a proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing.
3. Angelo & Susan D’Agostino, 32 Tulip Tree Circle, Regency at Prospect - copy of letter to Mayor Chatfield dated 12/29/09 in opposition to Toll Brothers’ request for a proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing.
Chairman Pomeroy read the letters from Nicholas & Maureen Pannullo and Angelo & Susan D’Agostino into the record and stated that these letters will be added to the Toll Brothers - Regency at Prospect - Proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing Public Hearing file.
Motion by A. Havican, seconded by G. Ploski to approve the correspondence. Unanimous.
Public Participation: None
New Business:
2010-2011 Budget Request (7/1/10-6/30/11). Land Use Inspector Bill Donovan provided the commission with a budget worksheet for the 2010-2011 Planning & Zoning Budget which entailed the 2009-2010 adopted budget and what has been spent to the fiscal year to date. Chairman Pomeroy requested that the commission review this worksheet so they may have discussion at the next meeting.
Public Hearings:
7:10 p.m. Proposed Adoption of Aquifer Protection Area Regulations as an Amendment to Prospect’s Zoning Regulations. Chairman Pomeroy read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on December 23rd & 30th, 2009. Bill Donovan briefly reviewed the proposed Aquifer Area Regulations with the commission and stated that these proposed Aquifer Protection Area Regulations are very similar to the Department of Environmental Protection’s model regulations and need to be adopted by this commission by the end of January 2010. Chairman Pomeroy asked for comment from the public. With none, after commission discussion, Motion by A. Delelle, seconded by A. Havican to close the public hearing on the proposed Adoption of Aquifer Protection Area Regulations as an Amendment to Prospect’s Zoning Regulations. Unanimous. Motion by J. Crumb, seconded by G. Ploski to approve the proposed Adoption of Aquifer Protection Area Regulations as an Amendment to Prospect’s Zoning Regulations and set an effective date of January 31, 2010. Unanimous.
7:20 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. Mr. Carson presented the commission with an updated site development plan revised thru December 31, 2009 along with his letter dated January 6, 2010. Mr. Carson reviewed the updated plan with the commission and stated that all of the comments from Land-Tech Consultants, Prospect Public Works, and this commission have been addressed in the revised plan. Chairman Pomeroy stated that the revised plan will be reviewed by the town’s consulting engineer. Chairman Pomeroy asked for comments from the public. With none, after commission discussion, Chairman Pomeroy continued the public hearing until January 20, 2010 at 7:20 p.m.
7:30 p.m. Villa Rosa, LLC - Proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit. (public hearing continued from 12/16/09) Dave Carson, one of the principals of OCC Group, Inc., 2091 Highland Avenue, Cheshire, CT and Attorney Thomas Porzio, 625 Wolcott Street, Suite 21, Waterbury, CT appeared on behalf of Villa Rosa, LLC. Chairman Pomeroy read into the record the existing Section 12.6 Sanitary Permit and the applicant’s proposed text amendment change as presented in Mr. Carson’s letter dated December 21, 2009 as follows: Section 12.6 Sanitary Permit (proposed) Plans for proposed sanitary waste disposal shall be submitted for preliminary review and comment by Chesprocott Health District or Prospect Water Pollution Control Authority (WPCA) and the Water Pollution Control Authority of the municipality receiving proposed sewage discharge. No building permit for a new building or structure shall be issued until final plans for proposed waste disposal have been approved by Chesprocott Health District or Prospect Water Pollution Control Authority (WPCA). Chairman Pomeroy asked the public for comments. D. Wartko, Brighton Road, a member of the WPCA, asked the commission not to close this public hearing tonight to allow the WPCA time for further discussion with their attorney. After commission discussion, Motion by A. Delelle, seconded by G. Ploski to close the public hearing on the proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit. Unanimous. Motion by G. Ploski, seconded by A. Delelle to approve the proposed text amendment change to Zoning Regulations Section 12.6 Sanitary Permit and set an effective date of February 1, 2010. Unanimous.
7:45 p.m. Toll Brothers - Regency at Prospect - Proposed text amendment change to Zoning Regulations Section 4.1 Elderly Housing. Chairman Pomeroy read into record the “Notice of Public Hearing” for this application as it appeared in the Republican American on December 23rd & 30th, 2009 and stated that the letters read under Correspondence from Nicholas & Maureen Pannullo and Angelo & Susan D’Agostino have been added to this file. Attorney Edward Fitzpatrick, 203 Church Street, Naugatuck, CT appeared on behalf of Toll Brothers and stated that Toll Brothers’ application proposes to modify Prospect’s Zoning Regulations Section 4.1.7 Elderly Housing to include language of the Fair Housing Act that allows 20% percent of all units to be occupied by at least one person who is 50 years of age or over. Attorney Fitzpatrick reviewed the “existing” Section 4.1.7 and the proposed “new” Section 4.1.7 which includes additional Fair Housing Act language in subsections (a) through (f). He further stated that this application was prompted by the significant interest Toll Brothers has received from people between the ages of 50 and 55 years old. Attorney Fitzpatrick stated that this proposed amendment includes all of the necessary protections for the Town and will not affect Prospect’s Housing for Older Persons certification. Chairman Pomeroy asked for comments from the public. John Rainville, 133 Sycamore Drive presented the commission with a letter and petition signed by 70 unit owners of Regency at Prospect in support of their opposition to Toll Brothers’ proposed text amendment to Section 4.1 Elderly Housing. The following residents of Regency at Prospect addressed the commission to oppose Toll Brothers’ proposed text amendment to Section 4.1 Elderly Housing: John Rainville, 133 Sycamore Drive; John Salse, 24 White Oak Drive; Nick Pannullo, 152 Sycamore Drive; Theodore Hayre, 81 White Oak Drive; Kevin Leary, 71 White Oak Drive; Vincent Santoro, 146 Sycamore Drive; Angelo D’Agostino, 32 Tulip Tree Circle; Lisa Mason, 62 White Oak Drive; Bob Ottaviano, 148 Sycamore Drive; Francis Philibert, 56 White Oak Drive; Edward Bowman, 36 Tulip Tree Circle; John Bongiovanni, 40 Tulip Tree Circle; Marilyn Santucci, 30 Tulip Tree Circle; Irene Zemaitaitis, 125 Sycamore Drive; Elizabeth Guevin, 95 Sycamore Drive; and Carol Mastrantonio, 106 Sycamore Drive. Tom Galvin, 27 Rockridge Terrace stated that he believes it is the Planning & Zoning Commission’s responsibility to the Town of Prospect to keep Section 4.17 as it is now. Chairman Pomeroy asked how many units at Regency at Prospect have been sold to date and Attorney Fitzpatrick replied approximately 100 units have been sold. Attorney Fitzpatrick stated that he will bring additional requested data regarding the Toll Brothers’ development Regency at Berlin to the next meeting. Chairman Pomeroy continued the public hearing until January 20, 2010 at 7:45 p.m.
Land Use Inspector’s Report:
Bill reported that he is waiting for a letter from the State of Connecticut Department of Environmental Protection providing guidelines for the commission to proceed with the drafting and adoption of updated Flood Damage Prevention Regulations. Bill had discussion with the commission on the definition of “Area” and it was determined that the commission’s interpretation of “Area” is the footprint of a structure, length x width. G. Ploski asked Bill to follow up on the commission’s request for an update site plan for 69 Waterbury Road. Chairman Pomeroy asked Bill to look into a tree cutting operation located at 59 Plank Road. Motion by A. Havican, seconded by G. Ploski to accept the Land Use Inspector’s Report. Unanimous.
Old Business: None
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:47 p.m. Unanimous.
Don Pomeroy, Chairman