July 7, 2010
Chairman Pomeroy called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Havican, G. Ploski, J. Crumb
Alternates Present: G. Graveline, Kevin Clifford
Absent: A. Delelle, D. Santoro
Others Present: William Donovan, Land Use Inspector
The Chairman seated G. Graveline for A. Delelle.
Motion by J. Crumb, seconded by G. Ploski to approve the June 16, 2010 minutes. Unanimous.
Correspondence:
1. Letter dated 6/24/10 from Jack D. Edsall, 5 Rolling Ridge Court re: Senor Panchos’
Restaurant.
Motion by G. Ploski, seconded by A. Havican to accept 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. No public comment.
Old Business: None
New Business: None
G. Ploski excused himself from the commission. Chairman Pomeroy seated K. Clifford in his place.
Public Hearings:
7:10 p.m. Linda Ploski, G & G Trust, 103 Union City Road - Application for a Text Amendment to Zoning Regulations Section 3.1, Article 3 District Regulations. The Chairman read into record the “Notice of Public Hearing” for the public hearing as it appeared in the Republican-American on June 25, 2010 and July 2, 2010. Linda Ploski and Curtis Bosco appeared and stated that they are requesting a text amendment to Zoning Regulations to add “Gunsmith Activities” as a service listed in the Personal Services section of Land Uses in Section 3.1 of the Zoning Regulations. The Chairman read into record a Referral letter dated 6/7/10 received from Virginia Mason, Assistant Director, Regional Planning Commission, Council of Governments of the Central Naugatuck Valley and a letter dated 6/11/10 from Peggy Rubens-Duhl, Chairwoman of the South Central Connecticut Regional Planning Commission. Additionally, letters were mailed to all abutting municipalities per State statute requirements. The Chairman read letters in favor of the proposed text change to add “gunsmith activity” in a business zone from Norman J. George of 80 Straitsville Road, Amanda Duvan, 4 Bronson Road, Barbara Tuckey, 7 Rockridge Terrace, Robert Tuckey, 7 Rockridge Terrace, Michael R. Scaviola, 4 Blue Trail Drive and Thomas Bohuski, 51 Straitsville Road. The Chairman also read a letter from Brian Reilly, 14 Cedar Hill Drive stating concern about outdoor discharge of firearms as 103 Union City Road is within 400 feet of residential properties along Cedar Hill Drive. Mrs. Ploski stated that there would be no discharge of firearms on the property - outside or inside. Mrs. Ploski stated that her business located at 103 Union City Road is already licensed by the State of Connecticut, Department of Alcohol, Tobacco & Firearms to sell firearms and this text change is to add the sales and gunsmithing of firearms as a permitted use within a business zone. Carmen Acousta of 7 Clark Hill Road, Nick Henry of 8 Maria Hotchkiss Road, Eric Koch of 75 Salem Road, Phil A. of 8 Maria Hotchkiss Road, Mark Romanuck of 33 Hydelor Avenue, Ed Pagoni of 17 Ivy Terrace, Whitney Caporaso of 176 Straitsville Road, and Tom Satkunas of 233 New Haven Road appeared in support of the application. James Rizzo, 51 Silver Hill Road, Ansonia, CT, a certified gunsmith in the State of Connecticut, appeared on behalf of the applicants. Mr. Rizzo stated his work as a gunsmith entails the modification and repair of firearms. K. Clifford asked if making ammunition is part of a gunsmith’s job and Mr. Rizzo stated that it is not. Carol Lawrence, 9 Barry Lane asked Mrs. Ploski if her business would be mailing firearms to residences and Mr. Rizzo stated that when firearms are transferred in Connecticut they are required to be sent only from one licensed firearms dealer directly to another licensed firearms dealer. G. Graveline questioned if gunsmithing will be considered the business’ primary use or accessory use. Mrs. Ploski stated it would be an accessory use and Bill Donovan stated that he interprets it to be a primary use. Bill Donovan asked if fabricating a silencer for a specific firearm would be considered manufacturing rather than gunsmithing. Mr. Rizzo stated that a gunsmith would not build a silencer; they would order a silencer and attach it to the specific firearm. Bill suggested adding “Firearm Sales and Gunsmith Services” as a separate permitted use under the District Regulations. The commission and applicant agreed that an appropriate definition of “gunsmithing” would be “Activity of person(s) who repairs, modifies, designs, and/or rebuilds firearms”. Motion by G. Graveline, seconded by K. Clifford to close the public hearing on Linda Ploski, G & G Trust, 103 Union City Road - Application for a Text Amendment to Zoning Regulations Section 3.1, Article 3 District Regulations. Unanimous.
7:30 p.m. Christopher & Whitney Caporaso, 176 Straitsville Road - Proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone (continued from 6/16/10). Whitney Caporaso appeared before the commission with Bob Testa, an independent consultant from Norwalk, CT. Mrs. Caporaso briefly outlined the proposed amendments to her existing special permit and submitted a proposed parking plan and a design for her proposed signage. Mr. Testa stated that the business model for the farm has changed since the original special permit was granted. Mr. Testa stated that if the commission approves this “roadside stand”, the Caporasos will increase their profitability by 15 to 25% and thereby be able to continue to upgrade their property, barns, etc. K. Clifford asked how many days a week the roadside stand would be open for business suggesting 5 days a week, Monday through Friday and Mrs. Caporaso stated that was a reasonable expectation. A. Havican and D. Pomeroy stated concern that during the public hearing process for the original special permit, it was clearly stated by the commission and the applicants, that there would be no direct retail sales from the property due to safety and traffic concerns. C. Owens, 8 Meadow Lane stated concern over the limited number of parking spaces. C. Santoro stated concern that the property is too small for the proposed use of selling from the property. Bill Donovan asked the applicant if she is proposing to sell items from her proposed “roadside stand” that are not grown on the property such as Christmas trees. Mrs. Caporaso stated that she is only looking to sell items that she produces on the property. J. Crumb stated concern that customers will park on Porter Hill Road. G. Graveline stated that after attending the site walk on the property, he believes the driveway’s location is better now that it is closer to the Water Company-owned property but stated concern over the commercial trucks parked on Porter Hill Road. K. Clifford asked if the applicant will advertise with instructions for customers not to park on Porter Hill Road to which Mr. Rizzo stated that advertisement would be through word of mouth and that he will be on site once a week to help manage the farm. Mr. Rizzo stated he would look into some sort of curbing or barriers for the Porter Hill Road side of the property. B. Pagoni, 17 Ivy Terrace asked Mrs. Caporaso if she could sell him tomatoes from her property today and Mrs. Caporaso responded that she is restricted from any retail sale from the property. Bill suggested the applicants supply a plan for future overflow parking in case the need for more parking spaces ever arises. Chairman Pomeroy continued the public hearing until July 21, 2010 at 7:10 p.m.
Land Use Inspector’s Report:
Bill stated that the Office of Policy and Management’s Continuing Legislative Committee recently voted unanimously to approve the Town of Prospect’s interim change application to change the current “Rural Lands” designation associated with 157 and 175 Waterbury Road (Rte. 69) to “Growth Area” on the locational guide map to facilitate the connection of these parcels to the adjacent Waterbury sanitary sewer system. Bill further stated that he is now waiting for OPM to set an effective date for the approved map change. Bill stated that he had written to the property owner of 12 Straitsville Road regarding the commercial vehicle being stored there and that the owner immediately responded and stated he would have the vehicle off the property within the next week or two. Motion by K. Clifford, seconded by J. Crumb to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: None
The commission agreed they will hold future discussion on how to monitor local business’ special and outdoor events due to the disruptive noise and traffic that they can generate.
Adjournment:
Motion by A. Havican, seconded by G. Graveline to adjourn at 9:00 p.m. Unanimous.
Donald Pomeroy