March 17, 2010
Chairman Pomeroy called the meeting to order at 7:02 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, J. Crumb, G. Ploski
Alternates Present: D. Santoro (Alt.)
Absent: A. Havican, G. Graveline (Alt.), Ed Miller (Alt.)
Chairman Pomeroy seated D. Santoro for A. Havican.
Correspondence:
1. Mayor Robert Chatfield’s letter dated 3/15/10 to David LeVasseur, Under Secretary, Office of Policy and Management re: a request for an interim change to the Connecticut 2005-2010 Locational Guide Map for 157 and 175 Waterbury Road.
Motion by A. Delelle, seconded by D. Santoro to accept the correspondence. Unanimous.
Public Participation: None
New Business:
a. Ken Faroni, O & G Industries, 147 Salem Road - explanation of pending quarry operations. Ken Faroni, O & G’s Director of Planning & Permits, appeared before the commission and stated that in accordance with condition #13 of O & G’s current 2-year special permit he came to inform the commission of O & G’s plan to bring in portable equipment to create a fine aggregate finished product on site. Mr. Faroni stated that the portable equipment is expected to stay on site for 2 ½ to 3 months and when there, will be the only equipment operating. Mr. Faroni provided brochures and photographs detailing the portable equipment and the quarry site. Mr. Faroni stated that O & G will only be working on the lower bench during 2010 and that stock piles will be approximately 1,200-ft away from the closest neighbor to the south of the quarry which is 500-ft farther away from any abutting neighbor than prior operation taking place on site. Mr. Faroni stated that the new stock piles will only have a face of 30’ to 35’ with the old piles having had a 50’ face. Mr. Faroni stated that O & G expects to blast twice per week and will utilize the telephone list notifying neighbors and consultants for seismograph monitoring. Mr. Faroni stated that he will remain the direct contact for neighbor complaints and that he would report monthly to this commission on any complaints received. Chairman Pomeroy thanked Mr. Faroni for keeping the commission informed.
b. Lombard Group, 39-41 Waterbury Road - Site Plan Application for reconstruction of 12 residential units & demolition of existing 19 units. Will Thiel, Harry E. Cole & Son, 28 Werking Street, Plantsville, CT appeared before the commission and presented a site plan application to demolish the existing 19 units and reconstruct 12 new residential units on 39 - 41 Waterbury Road. Mr. Thiel stated that these properties total 3.17-acres and consist of 19 non-conforming apartments all of which are in very bad repair. Mr. Thiel presented the commission with a copy of a proposed site plan and explained that the plan proposes to raze the 6 existing non-conforming buildings and construct 4 new buildings with 12 residential units which will meet current zoning setback and height requirements. Mr. Thiel showed the commission sketches of the proposed buildings and stated they will utilize public water and the existing septic systems and that reserve areas in case of future septic failure have been designated. Mr. Thiel also stated that the plan includes buried infiltrators to pick up additional roof runoff. Motion by J. Crumb, seconded by G. Ploski to accept the site plan application from Lombard Group, 39-41 Waterbury Road for the demolition of existing 19 units and reconstruction of 12 new residential units. Unanimous. The commission set a site walk for March 24, 2010 at 4:00 p.m. The commission also discussed their desire for a public hearing on this application. Motion by A. Delelle, seconded by G. Ploski to set a public hearing for April 7, 2010 at 7:10 p.m. on the site plan application from Lombard Group, 39-41 Waterbury Road for the demolition of existing 19 units and reconstruction of 12 new residential units. Unanimous.
c. Regional School District No. 16, 75 New Haven Road - Application for Change of Zone Designation. Attorney Warren Hess, 180 Church Street, Naugatuck, CT and Hugh Potter, Interim Business Manger for Regional School District No. 16, appeared before the commission and presented an application to Change the Zone Designation at 75 New Haven Road from Business District/Planned Congregate Elderly Housing to Residential 1-Acre. Attorney Hess stated that it is necessary to change the zone of the entire parcel to residential in order to build a school on the property in compliance with the regulations and that RA-1 makes sense since the parcel is completely surrounded by RA-1 zoned parcels. Land Use Inspector Bill Donovan stated that Prospect’s Plan of Conservation and Development recommends increasing the minimum lot size on undeveloped lands within a Public Water Supply Watershed to 2-acres. After commission discussion, Motion by D. Santoro, seconded by G. Ploski to accept the Application from Regional School District No. 16 for a Change of Zone Designation at 75 New Haven Road from Business District/Planned Congregate Elderly Housing to Residential 1-Acre. Unanimous. G. Ploski asked the size of the business zoned portion of the land and what the school would do with the excess acreage. Attorney Hess responded that the business zoned portion of the property is approximately 10 to 12 acres and that any excess land would be best utilized as parks and ball fields and that would be decided at the time of design and building. Motion by D. Santoro, seconded by A. Delelle to set a public hearing for April 7, 2010 at 7:30 p.m. on the Application from Regional School District No. 16 for a Change of Zone Designation at 75 New Haven Road from Business District/Planned Congregate Elderly Housing to Residential 1-Acre. Unanimous.
d. TSC Properties, 170 Scott Road - Application for Change of Zone & proposed text amendment change to Zoning Regulations Section 3.8 Commerce Park District. Attorney Warren Hess, 180 Church Street, Naugatuck, CT and Michael McAllen, the principal of TSC Properties, appeared and presented the commission with an application 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 provided a map dated 12/17/09 showing the proposed zone change and 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 McAllens. 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 in addition to obtaining Planning & Zoning approval on the current applications, the property owner will need to obtain 2 or 3 variances from the Zoning Board of Appeals and then again come back before the Planning & Zoning and seek a Special Permit for a General Contractor’s use in a Commerce Park Zone. After commission discussion, Motion by G. Ploski, seconded by J. Crumb to accept the Application from TSC Properties for a Change of Zone Designation at 170 Scott Road from Residential 1-Acre to Commerce Park District and a text change amendment to Zoning Regulations Section 3.1 allowing “General Contractors, Service and Equipment” by Special Permit in a Commerce Park District Zone. Unanimous. Motion by D. Santoro, seconded by G. Ploski to set a public hearing for April 21, 2010 at 7:10 p.m. on the Application from TSC Properties for a Change of Zone Designation at 170 Scott Road from Residential 1-Acre to Commerce Park District and a text change amendment to Zoning Regulations Section 3.1 allowing “General Contractors, Service and Equipment” by Special Permit in a Commerce Park District Zone. Unanimous.
e. Christian Congregation, 6 New Haven Road - Special Permit Application for a Church. Paul Ramos, President of the Christian Congregation, appeared and presented the commission with a special permit application for a church in the Business District. Included with the application was a letter of authorization from property owner, Javian, LLC, layouts of the units & parking spaces, a certificate from the Fire Marshal for capacity of up to 100 people, and an approval letter dated 3/3/10 from the Chesprocott Health District. Mr. Ramos stated that his congregation consists of 25 to 30 members who currently rent space in Waterbury. Mr. Ramos stated that the congregation is interested in leasing units 6 & 7, a total of 1,500-sq. feet, in the plaza located at 6 New Haven Road. Motion by G. Ploski, seconded by A. Delelle to accept the Special Permit Application for a Church from Christian Congregation, 6 New Haven Road, Units 6 & 7. Unanimous. Mr. Ramos stated that the congregation would meet on Thursday nights from 7:00 p.m. to 10:00 p.m. and on the weekends from 9:00 a.m. to 11:00 a.m. and then again on Sunday nights from 6:00 p.m. until 10:00 p.m. Motion by A. Delelle, seconded by G. Ploski to set a public hearing for April 7, 2010 at 7:45 p.m. on the Application from Special Permit Application for a Church from Christian Congregation, 6 New Haven Road, Units 6 & 7. Unanimous. Bill Donovan asked Mr. Ramos how many vehicles would be parked in the parking lot during meetings of the congregation. Mr. Ramos stated he would supply this number at the public hearing.
Public Hearing:
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. Commission held general discussion with Land Use Inspector Bill Donovan. Chairman Pomeroy asked for comments from the public. With none, Chairman Pomeroy continued this public hearing until April 7, 2010 at 8:00 p.m.
Old Business:
a. Domenic Diloreto, Et Al v. Planning & Zoning Commission of the Town of Prospect: Proposed settlement of Domenic and Franca DiLoreto’s appeal of the Commission’s May 7, 2008 approval of an Amended Special Permit with respect to property located at 1 Old School House Road. Chairman Pomeroy read the proposed Amendment to Amended Special Permit Resolution of Approval dated March 17, 2010 into the record. Chairman Pomeroy stated as background that the DiLoreto’s appealed the 2008 Amended Special Permit to challenge Condition #4 which prohibited backing onto and off of the property. Chairman Pomeroy stated that in an effort to settle the lawsuit new and additional safety precautions to allow backing onto the property, including the use of reflective safety vests, flashing lights, and signs to warn oncoming traffic were proposed. The Chairman further explained that during an Executive Session the Planning and Zoning Commission decided to settle the appeal as they believe the proposed entry backing procedure will fully protect the health, safety and welfare of Town residents and others driving on Old Schoolhouse Road, as well as persons working or visiting the property. Motion by J. Crumb, seconded by A. Delelle to approve the “Amendment To Amended Special Permit Resolution of Approval” with attached Schedules A & B. Unanimous.
Land Use Inspector’s Report:
Bill reported that in accordance to the commission’s request he sent a letter to the owner of 105 Scott Road who was keeping a tractor trailer on their property. Bill stated he sent a letter regarding the plastic garage to the owner of 28 Scott Road who immediately came in to discuss the letter and Bill gave the owner until April 30th to take the plastic garage down. Bill stated that he placed the “yearly reminder notice” in the Prospect Pages reminding homeowners to obtain all necessary permits, etc. and that canvas/plastic huts are expressly prohibited. G. Ploski asked Bill about the two large banners at the entrance to Regency at Prospect and Bill stated that those particular two banners were permitted by the commission. The commission asked Bill to follow up on the large containers, portable garages and commercial vehicles that were being kept on several different properties in town. Motion by G. Ploski, seconded by A. Delelle to accept the Land Use Inspector’s Report. Unanimous.
Public Participation:
Jim Kollcinaku, 22 Union City Road stated concern regarding drainage requirements and safety matters relative large vehicles backing into the property at 1 Old Schoolhouse Road.
Adjournment:
Motion by A. Delelle, seconded by G. Ploski to adjourn at 8:36 p.m. Unanimous.
Don Pomeroy, Chairman