June 2, 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, G. Ploski, J. Crumb
Alternates Present: G. Graveline, D. Santoro
Absent: Kevin Clifford
Others Present: William Donovan, Land Use Inspector
Motion by G. Ploski, seconded by A. Delelle to approve the May 19, 2010 minutes. Unanimous.
Correspondence:
1. Letter dated 5/11/10 from Stephen M. Giudice, L.S., Harry E. Cole & Son re: Lombard Group - Site Plan Application for 39-41 Waterbury Road.
2. Letter dated 5/22/10 from Ann-Marie Santoro re: Christopher & Whitney Caporaso, 176 Straitsville Road - Proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone.
3. Letter dated 6/2/10 from Mayor Robert J. Chatfield re: Christopher & Whitney Caporaso, 176 Straitsville Road - Proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone.
Motion by A. Havican, seconded by G. Ploski to approve 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 comments from public.
G. Ploski excused himself from the commission. Chairman Pomeroy seated D. Santoro in his place.
New Business:
a. Linda Ploski, G & G Trust, 103 Union City Road - Application for a Text Amendment to Zoning Regulations Section 3.1, Article 3 District Regulations. Linda Ploski and Curtis Bosco appeared and requested that their Application for a Text Amendment to Zoning Regulations Section 3.1, Article 3 District Regulations be added to the Agenda. Motion by A. Havican, seconded by A. Delelle to add Linda Ploski, G & G Trust, 103 Union City Road to the Agenda under New Business to submit an application for a text amendment to Zoning Regulations Section 3.1, Article 3 District Regulations. Unanimous. Chairman Pomeroy read into record the applicants’ application letter dated 6/2/10 which proposes a text amendment change for “Gunsmith Activities” to be added as a service listed in the Personal Services section of Land Uses in Section 3.1 of the Zoning Regulations. Motion by D. Santoro, seconded by A. Delelle to accept the application from Linda Ploski, G & G Trust, 103 Union City Road for a text amendment to Zoning Regulations Section 3.1, Article 3 District Regulations and set a public hearing for July 7, 2010 at 7:10 p.m. Unanimous. Bill Donovan asked the applicant to provide the commission with the definition of “Gunsmithing” at the public hearing.
G. Ploski returned to the commission. Chairman Pomeroy unseated D. Santoro and re-seated G. Ploski.
Old Business:
a. 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. Motion by A. Havican, seconded by G. Ploski to approve the application from TSC Properties, 170 Scott Road for a Change of Zone Designation from Residential 1 Acre (RA-1) to Commerce Park District (CP). Unanimous. Motion by A. Havican, seconded by G. Ploski to approve the application from TSC Properties, 170 Scott Road for an amendment to Zoning Regulations Section 3.1 Uses by District allowing General Contractors, Service and Equipment by Special Permit within a Commerce Park District. Unanimous. Chairman Pomeroy stated that in making their decision to approve this zone change the commission found that the zone change request was in harmony and in accordance with the Town of Prospect’s comprehensive plan of zoning.
Public Hearings:
7:10 p.m. Proposed Revisions to Prospect Zoning Regulations. Section 3.4.11, 3.5.11, 3.6.11, 3.8.14 Accessory Uses. Bill Donovan outlined the proposed changes which would eliminate Sections 3.4.11, 3.5.11, 3.6.11, 3.8.14 that required all accessory uses and structures comply with the requirements outlined in Article 5 for Accessory Uses in Residential Zones.
Chairman Pomeroy asked the public for comments. Motion by A. Havican, seconded by A. Delelle to close the public hearing on proposed revisions to Prospect Zoning Regulations Sections 3.4.11, 3.5.11, 3.6.11, 3.8.14 Accessory Uses. Unanimous. After commission discussion, Motion by G. Ploski, seconded by A. Havican to eliminate Sections 3.4.11, 3.5.11, 3.6.11, 3.8.14 Accessory Uses from the Prospect Zoning Regulations and set an effective date for the revisions of July 1, 2010. Unanimous.
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 into record a letter dated 5/11/10 from Stephen M. Giudice, L.S. to William Donovan, Land Use Officer. Lisa Lombard of the Lombard Group appeared before the commission and submitted a revised site plan dated June 1, 2010. Chairman Pomeroy asked for comments from the public. Upon request of the commission, Mrs. Lombard agreed to revise the June 1, 2010 site plan to include the following: 1) an additional handicapped parking space for a total of 2 designated handicapped parking spaces; 2) extend the 15’ wide emergency vehicle access way down the middle of the driveway out to Route 69; and 3) show utilities underground. Motion by G. Ploski, seconded by A. Delelle to close the public hearing on Lombard Group, 39-41 Waterbury Road - Site Plan Application for reconstruction of 12 residential units & demolition of existing 19 units. Unanimous. Motion by A. Havican, seconded by G. Ploski to approve, with conditions, the Site Plan Application submitted by Lombard Group, 39-41 Waterbury Road to demolish the existing 19 cluster development residential units and reconstruct 12 new cluster development residential units. Unanimous.
7:30 p.m. Christopher & Whitney Caporaso, 176 Straitsville Road - Proposed amendments to Approved Special Permit for Commercial Greenhouses in a Residential Zone. G. Ploski stated that he has a business relationship with Mr. & Mrs. Caporaso and therefore excused himself from the commission. D. Santoro also excused himself from the meeting. Chairman Pomeroy seated G. Graveline for G. Ploski. Chairman Pomeroy read into record the “Notice of Public Hearing” for the public hearing as it appeared in the Republican-American on May 21, 2010 and May 28, 2010. Chairman Pomeroy read the following letters into the record: 1) Letter dated 5/22/10 from Ann-Marie Santoro, 2) Letter dated 6/2/10 from Mayor Robert Chatfield; and 3) Letter dated 6/2/10 from Clement Vilardo. Whitney Caporaso appeared before the commission and stated that she would like to modify her Special Permit Resolution of Approval dated March 19, 2008 for commercial greenhouses in a Residential One-Acre Zone. Mrs. Caporaso stated that she didn’t realize that her current Special Permit prohibited her from on-site retail selling of what she grew on her property. Mrs. Caporaso stated that she would like to be allowed, during the Connecticut growing season (June through November), to set up a 10’ x 10’ temporary farmer’s market tent on her property in order to sell organic produce grown on the property from 11:00 a.m. until 7:00 p.m. and place a sign with the name of her farm “Bodhichitta Farms” on her garage/barn. Mrs. Caporaso outlined her proposed amendments to her Special Permit as follows: Edit/Add language in Paragraph 1: to state that “plantings of plants/vegetables will be conducted on site or obtained from wholesale suppliers…until such time as they are either transported off-site for sale or sold at the site in accordance with Article 5, section 5.2.7 Roadside Sales of Local Agricultural Products.; Paragraph 2: to state that “The applicants shall develop the property in compliance with site plans presented and reviewed at the public hearings recorded and filed with a granted variance in book 650 and page 004 on December 15, 2010 entitled (1) Zoning Data (2) Site Plan, dated October 26th, 2009”; Paragraph 4: to add “and amended on May 19th, 2010 with updated Chesprocott stamp”; Paragraph 8: to eliminate “and property values”, to modify subsection 8(c) to read “The applicants propose on May 19th, 2010 for temporary signage for the sale of plants and produce in accordance with Article and Section 8.6.3 Temporary Signs Permitted in All Zones. In addition, the applicants propose on May 19th, 2010 to label the name of Bodhichitta Farms on the garage/barn that faces Straitsville Road in accordance with Article and section 8.4.2.” to modify subsection 8(d) to change “30” days to “90” days; and add subsection 8(f) as follows: “f. The greenhouses may be without cover for the summer months of July, August and September. This is for allowing the space in the greenhouse to be used during a time when the heat would prevent growing due to the temperatures above 80 degrees. Once the summer has past, if the plastic was removed, it shall be replaced promptly.” Mrs. Caporaso stated that remainder of the Special Permit Resolution of Approval dated March 19, 2008 will remain the same. Chairman Pomeroy asked the public for comments. Andrew Vilardo of 6 Porter Hill Road, Fred Barone of 185 Straitsville Road, Carmen Santoro of 9 Porter Hill Road, Rich Blanc of 17 Coachlight Circle, Amy Stewart of 238 Straitsville Road, LeAnn Santoro of 7 Porter Hill Road, M. Lerner of 20 Coachlight Circle, J. LaPierre of 19 Coachlight Circle, David Wartko of 14 Brighton Road and R. Alfes of 24 Arbor Meadow Drive all stated various concerns opposing this application including traffic safety, speeding vehicles, parking, potential smoke from “sugar house”, lack of “screening” on the property’s border with 6 Porter Hill Road, already limited site line when entering Straitsville Road from Porter Hill Road, current condition of property, business vehicles and commercial dumpster stored on property, and the lack of completion of projects approved in the original Special Permit. Ben Pagoni of 17 Ivy Terrace, Ben Pagoni, Jr. of 17 Ivy Terrace, Alan Girard of 50 Heritage Drive, Kyle D. of 36 Straitsville, Andrea Sutton of 55 Straitsville and Alan Sills of 180 Straitsville Road spoke in support of this application and stated advantages including the ability to buy locally grown organic produce. The people supporting this application disagreed with prior statements made regarding traffic and speeding concerns and stated that they believe the applicants should have the right to farm their land, sell their produce from their property, and, if given the time and support needed, believe that the condition of the property would continue to improve and benefit both the residents and the Town. Lisa DeGoes of 22 Apple Hill Drive suggested that the Town consider allowing a local farmers market to alleviate this problem. Joan Nichols, Government Relations Specialist with the Connecticut Farm Bureau, 775 Bloomfield Avenue, Windsor, CT appeared and stated that there is a huge demand in Connecticut for locally grown products and that the traffic issue seems to be present whether this application is approved or not. Ms. Nichols stated that just like a residential house being built, this farm is still being built and asked the commission to do what they can to make this application work. Mrs. Caporaso stated that she too is aware of and concerned about the traffic safety in the area already having lost two cats, but does not feel that her small farm is going to generate a great deal of additional traffic. J. Crumb stated concern about parking and business equipment already being kept on the property. J. Crumb also asked for a site plan showing the proposed parking. Christopher Caporaso, 176 Straitsville Road stated that he is not running his commercial dumpster business off of this property and that he rents a space in town for his dumpster business. Mr. Caporaso also stated that he has been making and selling syrup on the property for over 17 years and that these activities are now “grandfathered” on his property. Mrs. Caporaso asked the commission to review Zoning Regulations Sections 5.2.7 Roadside Sales of Local Agricultural Products; 8.4.2 Wall Signs; and 8.6.3 Temporary Signs Permitted in All Zones. Chairman Pomeroy continued the public hearing to June 16, 2010 at 7:10 p.m. Chairman Pomeroy suggested a commission site walk of the property and a site walk was scheduled for June 8th or June 9th, 2010 at 4:30 p.m. with the date certain to be confirmed upon the applicant checking her schedule.
Land Use Inspector’s Report:
Bill stated he has received complaints about Senor Panchos’ upcoming Monster Truck Thrasher & Bull Riding Events. The commission discussed the possibility of monitoring these types of the events in the future. Bill stated that he has been notified by Michael Cicchetti, Office of Policy and Management (OPM), that OPM has recommended their Continuing Legislative Committee to act on and 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) be changed to “Growth Area” on the locational guide map to facilitate the connection of the parcels to the adjacent Waterbury sanitary sewer system. Bill stated that OPM’s Continuing Committee now has thirty (30) days from receipt of OPM’s recommendation to act on the interim change application. J. Crumb asked Bill to follow up on the canvas hut on Scott Road. Motion by G. Graveline, seconded by A. Havican to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: None
Adjournment:
Motion by A. Havican, seconded by G. Graveline to adjourn at 9:50 p.m. Unanimous.
Don Pomeroy, Chairman