September 15,2010
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
Absent: D. Santoro, K. Clifford
Others Present: William Donovan, Land Use Inspector
Motion by A. Delelle, seconded by G. Ploski to approve the September 1, 2010 minutes. Unanimous.
Correspondence:
1. Connecticut Economic Resource Center, Inc. - Seminar invitation "Using Maps for Planning".
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.
a. Tammy Paolino, 10 Barry Lane appeared and stated concern over ongoing water and erosion problems occurring on her property which backs up to the veterinary hospital at 93 Waterbury Road. Ms. Paolino explained that in 1995 the septic system at 93 Waterbury Road failed and in order to put in a new system, a detention basin on the property was eliminated thereby causing the water to flow directly into her back yard. Ms. Paolino stated that in the Spring of 2010 the owner of 93 Waterbury Road had a rip-rap system installed to try to alleviate the problem but that the rip-rap system has failed. Ms. Paolino stated that she has a dug swale along the top rear of her back yard that was last dug out in 2008 and which is now almost completely filled again. Ms. Paolino stated that she has been trying to resolve this problem for years by speaking and meeting with her neighbors on Barry Lane, Mayor Chatfield, Bill Donovan, Lorraine at Chesprocott Health District, the State of Connecticut Department of Transportation, and Dr. Gryska, the owner of 93 Waterbury Road. Ms. Paolino stated that she has contacted an engineer who proposed two reasonable options: 1) have a basin installed in her backyard; or 2) pipe out water into the street basin. Ms. Paolino provided the commission with the following: 1) photographs of the flooding on her own and neighboring properties and photographs of the riprap system on 93 Waterbury Road, 2) Drainage Plan for Barry Lane prepared for The Town of Prospect dated 5/18/10, 3) letter dated 7/14/09 from Lorraine DeNicola, Director of Environmental Health, and 4) State of Connecticut Department of Transportation Complaint Form dated 2/22/10. G. Ploski stated that he would like to review the site plan for 93 Waterbury Road and the commission asked Bill Donovan to provide them a copy of that site plan and request that Mayor Chatfield attend the next PZC meeting to see if an amicable resolution can be worked out.
b. Steve Sullivan, P.E. of CCA, LLC, 40 Old New Milford Road, Brookfield, CT appeared before the commission on behalf of TSC Properties, 170 Scott Road. Mr. Sullivan explained that the zone designation of 170 Scott Road was recently changed from Residential 1-Acre to Commerce Park District and that his clients currently have an application before the Zoning Board of Appeals for several variances including a variance of Section 2.1 to allow two principal uses on one lot. Mr. Sullivan stated that 170 Scott Road currently has an 8-unit 55 year and older apartment building on the property and that his clients would like to build a 7,500 sq. ft. structure on the northern portion of the property to house a general contractor's business operation. After re-reading the Zoning Regulations, Mr. Sullivan stated that he is unsure if a variance to have two principal uses on a lot is necessary as the property is zoned Commerce Park District. After discussion, it is the consensus of the commission that a variance would not be required to have more than one primary use on a property in the Commerce Park District. The commission asked Bill Donovan to relay this information to the Zoning Board of Appeals.
c. Fire Marshal Keith Griffin, Assistant Fire Marshal Tony Munez, and Building Inspector Bill Scarpati appeared before the commission to give them an update on Jay Calderaro, 25 Courtland Dr., Huntington, CT and her application for a second residential apartment on the second floor of 4 Summit Road which was approved by the Planning & Zoning Commission during their 8/4/10 meeting. Mr. Griffin reported that he, Tony Munez and Bill Scarpati met with Mrs. Calderaro's husband on Friday, 9/10/10, for the building's annual inspection and stated that Mrs. Calderaro has still not complied with any of his or Building Inspector Bill Scarpati's requests to bring the apartment up to meet the State of Connecticut Fire and Building Codes as she had agreed to do so at the 8/4/10 PZC meeting. Jay Calderaro, 25 Courtland Dr., Huntington, CT appeared and stated that she has not complied yet because she did not have a list of the updates needed. Keith Griffin stated that since June 2010, he has had two meetings with her and that he has given her a copy of the State Fire Code and has explained to her and her son what items needed to be addressed, i.e. stairwell from the bedroom on the second floor, second exit, etc. Bill Scarpati stated that she needs to hire a licensed and insured contractor, have the contractor obtain a building permit immediately, and get the required work completed. Mrs. Calderaro stated that she has a licensed and insured contractor who she will send over to meet with Bill Scarpati tomorrow.
Public Hearing:
7:10 p.m. Tanya Rodriguez & Concetta Hernandez, 2-4 Summit Road - Special Permit Application for a child daycare center. Chairman Pomeroy read an e-mail correspondence dated 9/14/10 from Tanya Rodriguez requesting that her special permit application be withdrawn. Chairman Pomeroy stated that the application is now formally withdrawn.
New Business:
a. Patricia Dyer, 113 Waterbury Road - Site Plan Application for a Hair Salon. The applicant appeared with Land Surveyor Roland Desrosier and presented the commission with a site plan application, a site plan, and the applicable application fees. Ms. Dyer stated that she would like to build a 30' x 30' commercial building to be used for a one chair hair salon. Motion by G. Ploski, seconded by A. Havican to accept the site plan application for a 30' x 30' commercial building for a one chair hair salon submitted by Patricia Dyer, 113 Waterbury Road with an
additional revision to include one handicapped parking space as discussed. Unanimous. Roland Desrosier stated that this property is located hi a Business Zone hi which the requested use is permitted. Mr. Desrosier also stated that the applicant has already received Chesprocott Health District approval to connect to the existing septic system. The commission reviewed the proposed parking spaces on the site plan and requested that the applicant add one handicapped parking space to which she agreed. After commission discussion, Motion by G. Ploski, seconded by A. Havican to approve the site plan application for a 30' x 30' commercial building for a one chair hair salon submitted by Patricia Dyer, 113 Waterbury Road with an additional revision to include one handicapped parking space as discussed. Unanimous.
Old Business:
a. Senor Panchos, 280 Cheshire Road — Bill Donovan stated that he has received complaints about the outdoor events being held at Senor Panchos. Bill stated that the outdoor events seem to be more frequent and are growing and that the upcoming bull riding event would now also include vendors. The commission discussed the disturbance to neighboring property owners with the noise and traffic generated by these events and if such outdoor events are an appropriate accessory use for a restaurant. G. Ploski stated that the commission should address the owner of the property as he believes Senor Panchos only leases the restaurant location. Bill stated that he would determine the owner of the property and ask the owner and Andy Adames, the lessee, to come hi to discuss this issue at the next Planning & Zoning Commission meeting on October 6, 2010.
Land Use Inspector's Report:
Bill reported that in response to commission concern at the last meeting with outdoor storage of boats and recreational vehicles, he sent out a letter to the homeowner of 9 Oak Lane about boats being stored on the property. The commission also asked Bill to follow up on trailers being stored on Bronson Road and the boat "for sale" parked in front of the plaza at 50 Waterbury Road. Motion by G. Ploski, seconded by A. Delelle to accept the Land Use Inspector's Report. Unanimous.
Public Participation:
Fire Marshal Keith Griffin and Assistant Fire Marshal Tony Munez appeared again regarding the second floor apartment at 4 Summit Road and stated that after leaving the meeting earlier tonight, they spoke to Mrs. Calderaro who told them that she did not have a contractor and asked them how to find one. Mr. Griffin stated that he is concerned over the safety hazards present in the apartment and believes the tenant should move out until the apartment is brought up to code. Chairman Pomeroy urged Mr. Griffin to proceed forward with his abatement process that he explained at the last meeting hi order to quickly and safely resolve this issue.
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:35 pm Unanimous.
Donald Pomeroy