January 5, 2011
Chairman Pomeroy called the meeting to order at 7:02 p.m. The meeting was taped.
Members Present: D. Pomeroy, A. Delelle, A. Havican, G. Ploski, J. Crumb
Alternates Present: None
Absent: G. Graveline, D. Santoro, K. Clifford
Others Present: William Donovan, Land Use Inspector
Motion by A. Delelle, seconded by G. Ploski to approve the December 15, 2010 minutes. Unanimous.
Correspondence:
Chairman Pomeroy noted that all correspondence that has been received will be entered under New Business item c. Save Prospect Corp..
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.
New Business:
a. 2011-2012 Budget (7/1/11-6/30/12). Chairman Pomeroy read into record Mayor Chatfield’s 12/6/10 letter of request for the Planning & Zoning Commission to submit a proposed budget for the fiscal year 2011-2012. After discussion, the commission asked Land Use Inspector Bill Donovan to obtain an accounting of what the commission has spent to date this year so they can determine a proposed budget at their next meeting.
Public Hearing:
7:10 p.m. Proposed text change amendment to Prospect Zoning Regulations Section 3.1 Uses By District to add “Redemption Center” and “Recycling” as permitted uses by special permit in the Business, Industrial 1 and Industrial 2 Districts and amendment to Section 2.2 Definitions to add definitions for “Redemption Center” and “Recycling”. Chairman Pomeroy opened the public hearing. G. Ploski outlined the zoning regulation amendment process for the public and discussed the need to have clear definitions to properly review these types of applications in the future. Chairman Pomeroy asked the public for comments. With no comments from the public, the commission held general discussion about the processes of upcycling, recycling and reverse vending and in what zoning districts such businesses would be permitted. Chairman Pomeroy carried this public hearing over to the next meeting scheduled for January 19, 2011 at 7:30 p.m.
Old Business:
a. Michael Marino, 22 Chandler Drive – Review of Home Occupation Permit (Landscaping). Michael Marino appeared before the commission for a review of his home occupation permit for his landscaping business in response to a neighbor’s complaints. Bill Donovan briefly outlined the neighbor’s complaints that Mr. Marino is starting his truck & loading his equipment onto a trailer earlier than his permit allows; long periods of idling his truck when preparing equipment to leave for work; fumes from his truck & equipment enter the neighbor’s home; and the neighbor’s belief that the permit holder does not have enough parking spaces for his home occupation thereby requiring the homeowners to park their personal vehicles in the road. Mr. Marino provided the commission with an updated drawing of his property showing that there are 9 parking spots available for both his business and his family’s personal vehicles. Mr. Marino stated that his mother will sometimes park her vehicle in the road to avoid being blocked in due to the family’s multiple vehicles and different work schedules. Mr. Marino stated that he does not recall ever starting his equipment earlier than his permit allows and offered that it may have been a morning that he was mowing his own lawn. The commission verified with Mr. Marino his permitted home occupation hours of operation as being 10:00 a.m. to 6:00 p.m. and Chairman Pomeroy stated that the commission does not have any authority to regulate street parking. Mr. Marino asked if he would be allowed to modify his home occupation permit hours sometime in the future to which the Chairman responded that he would be allowed to apply for a modification in the future.
b. Gazmen Murtishi, 123 Union City Road – review of special permit: High Output Automotive Performance. Gazmen Murtishi appeared before the commission in response to Bill Donovan’s letter to him dated 12/6/10 which cited special permit violations that are occurring at his auto repair business property located at 123 Union City Road known as High Output Automotive Performance, LLC. Bill stated that he recently counted 28 vehicles stored at the property contradicting this approved site plan which shows 11 parking spaces - 8 parking spaces for customer vehicles scheduled for repairs and 3 spaces for customer and display parking. Bill further stated that many of these vehicles have been on the property for quite some time and are badly damaged and would not be able to be driven off the property. Bill stated that Mr. Murtishi’s special permit does not allow for any body or restoration work of any kind and that according to Mr. Murtishi when he applied for his special permit, vehicles were to be dropped off in the morning, repaired during the work day and then picked up by their owners that same day. The commission reviewed Mr. Murtishi’s special permit and original site plan dated 1/12/05. Mr. Murtishi acknowledged having too many stored vehicles on the property and stated that since he received Bill’s letter many of the vehicles have been removed from the property and stated that the property will be in full compliance with his special permit before the next commission meeting on January 19, 2011. The commission stated concern over oil leakage from damaged parked vehicles and suggested Mr. Murtishi utilize oil pans and drip pads to which Mr. Murtishi agreed. Chairman Pomeroy requested that Bill follow up on this matter and report back to the commission on January 19th. The commission also asked Bill to contact the owner of 123 Union City Road to verify tenants who are occupying the building and to see if they have a proper permit to do so.
c. Save Prospect Corp. – discussion on commission action relative to BNE Energy’s filing of Petition #980 with the CT Siting Council for proposed wind turbines at 178 New Haven Road. Chairman Pomeroy read the following items of correspondence into the record: 1) 12/20/10 letter from Attorney Carrie L. Larson to Mayor Robert Chatfield, Planning & Zoning Commission Chairman Donald E. Pomeroy and Inland Wetlands Commission Chairman Stephen Sachter Re: BNE Energy, Wind Prospect; 2) 12/29/10 letter from Mayor Robert Chatfield to Attorney Carrie Larson Re: Town of Prospect – BNE Energy, Inc.; and 3) 1/4/11 letter from Timothy C. Reilly, President of Save Prospect Corp to Planning & Zoning Commission Chairman Donald Pomeroy. T. Reilly, President of Save Prospect Corp, 17 Woodcrest Drive appeared and stated that he attended a meeting on 1/3/11 with the former Attorney General for the State of Connecticut, now United States Senator Richard Blumenthal who agrees with Save Prospect Corp’s position that State regulations have to be enacted and a moratorium must be put into place before any giant industrial wind towers can be constructed to ensure the general well being and safety of Connecticut residents, protection of property, historic structures and wildlife. Mr. Reilly stated that Mr. Blumenthal stated that BNE’s filing of their petition to the Siting Council that “no one is breaking laws, it’s just that no laws exist – the State is in a position of lawlessness”. Mr. Reilly stated that he has been contacted by State Representative Vickie Nardello who is also the co-chair of the State of Connecticut Legislative Energy Committee who along with Senator Joan Hartley has agreed to co-author legislation calling for a moratorium on all wind power development in Connecticut until such a time that State guidelines have been enacted to which he added was similar to the resolution recently passed by the Town of Prospect Town Council in order to protect the citizens of Prospect and the State. Mr. Reilly presented a map which uses concentric circles to show house setbacks. Mr. Reilly stated that there are 120 homes within 2,500’, 94 homes within 2,000’, 20 homes within 1,500, and 6 homes within 1,000’, and 924 homes within 1.25 miles of the proposed turbines. Mr. Reilly stated that noise from these large turbines can be heard up to 2-miles away. Mr. Reilly asked the commission to issue orders to halt any development of wind turbines until such time as state laws and regulations are enacted. Paul Corey of BNE Energy appeared and stated that BNE has spent over two years testing wind on the site and hundreds of thousands of dollars conducting studies on sound, safety, bird, bat & wildlife, visual and wetland impact, ice throw, shadow flicker and all of these studies have been forwarded to the Siting Council. Mr. Corey stated that the Siting Council has exclusive jurisdiction over this project because it is greater than 1 megawatt. The Siting Council includes representatives from the Department of Environmental Protection, the Department of Public Utility Control and appointed officials from State government who have experience in every type of electric facility. The Siting Council has also retained an outside consultant with expertise in the industry. Mr. Corey stated that the proposed wind turbines will sit in the middle of 68-acres adjacent to approximately 1,000-acres of CT Water Company property and that 6 to 8 homes will be approximately 1,000-feet away from the turbines which BNE believes is a safe setback. Mr. Corey stated that the proposed site is in a mixed use area which includes a car dealer, three cell towers, commercial buildings and the U.S. Cap factory site. Mr. Corey stated that it is BNE’s position that the Planning & Zoning Commission does not have any authority to issue orders that will be applicable to the Siting Council. Karen Dunn, 16 Woodcrest Drive asked what the setback regulation is for a residential home and highway area. Mr. Corey stated that the proposed turbines will be General Electric (GE) built turbines and that GE does have setbacks but which are confidential and stated that the proposed turbines meet their setback requirements and that setback distances is something that the Siting Council will look very closely at. Mr. Corey stated that the petition (#980) for these proposed turbines is on the Siting Council’s Agenda for their 1/6/11 meeting at which time it is expected that public hearings will be scheduled. Fred Bonyai, 18 Woodcrest Drive stated concern over the unreliability of wind energy and concern about the energy produced by the proposed wind turbines. He questioned accessibility to a grid stating that it will be a nightmare for the electric company. Eleanor Boruch, 19 Hemlock Road stated that if the turbines are built it will then be too late if there ends up being problems with noise, decreased property values, negative medical effects and impact on the wildlife. Chairman Pomeroy stated an opinion letter from the Town’s attorney has been received which advised the Planning & Zoning Commission that they have no authority to issue orders as was suggested by Save Prospect Corp at the last Planning & Zoning Commission meeting. Chairman Pomeroy stated that the commission will discuss this opinion letter and any action that they may choose to take on this matter later in the meeting and thanked the public for their comments. T. Reilly stated that he disagrees with the Town attorney’s opinion and asked if the commission plans to have representation at the evidentiary hearings to support Save Prospect Corp’s position. T. Reilly and Chairman Pomeroy held discussion over who should represent the Town’s interest at the evidentiary hearing.
Land Use Inspector’s Report:
Bill presented two letters dated 1/5/11 to the commission regarding Toll Brothers’ request for partial releases of the site improvements bonds for Phases 3 & 4 at the “Regency at Prospect” elderly housing development located on Scott Road. Chairman Pomeroy read these letters into the record and after commission discussion, Motion by G. Ploski, seconded by A. Havican to approve Toll Brothers’ request for a partial release of the site improvement bond for Phase 3 at “Regency at Prospect” reducing the original bond amount of $1,158,734.00 by $1,012,734.00 leaving a remaining bond amount of $146,000.00. Unanimous. Motion by A. Delelle, seconded by A. Havican to approve Toll Brothers’ request for a partial release of the site improvement bond for Phase 4 at “Regency at Prospect” reducing the original bond amount of $1,485,064.00 by $550,000.00 leaving a remaining bond amount of $935,064.00. Unanimous. Bill also reported that in response to commission concerns at the last meeting, he has sent violation letters to the property owners of 23 Cheryl Lane (canvas hut and commercial vehicles) and 3 Orchard Drive (trailers). Chairman Pomeroy stated concern over the amount of trash and debris strewn over the CVS parking lot located at 34 Waterbury Road. Motion by G. Ploski, seconded by A. Havican to accept the Land Use Inspector’s Report. 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. Lori Codianne, 24 Chandler Drive appeared with regard to the home occupation permit at 22 Chandler Drive which was reviewed earlier tonight. Ms. Codianne stated that she has pictures of Mr. Marino loading his mowers onto his trailer at 7:30 a.m. on November 21, 2010. Ms. Codianne stated concern that Mr. Marino’s trailer is not listed on his home occupation permit and in addition to his trailer Mr. Marino also has a boat, a canoe, a truck cab and wood piles in his yard. Ms. Codianne complained of the fumes and noise generated from the long periods of time that Mr. Marino keeps his truck running while loading mowers onto his trailer. Bill Donovan asked Ms. Codianne if it would help if Mr. Marino would leave immediately after starting his truck to which she replied yes. Ms. Codianne asked how she would find out if Mr. Marino applies to modify his permit hours in the future and Bill Donovan stated that he would notify her of the same. T. Reilly, 17 Woodcrest Drive stated that he and his group, Save Prospect Corp, will be mightily disappointed if the Planning & Zoning Commission does not participate in the evidentiary hearing and protect the interests of the people in Prospect. R. Sargent, 3 Radio Tower Road and Helen Plante, 5 Rosewood Drive requested that the Planning & Zoning Commission represent the residents at the Siting Council’s evidentiary hearing and take action like the Town Council did. The commission held discussion on the Town attorney’s opinion letter and came to the consensus that Mayor Chatfield will represent the Town of Prospect and the commission at the Siting Council’s hearing. The commission will formulate a letter for Mayor Chatfield to present to the Siting Council that outlines their deep concerns for the Town and its citizens which are directly affected by this petition. Bill Donovan stated that it is the Town attorney’s opinion that the driving force behind the Siting Council’s decision will be based on whether or not the proposed turbines will satisfy the air and/or water quality standards for the State of Connecticut and if they do there is a very strong likelihood that that will be reason enough for the Siting Council to approve this project. Chairman Pomeroy stated that even if the commission decides to add zoning regulations to regulate wind power in the future, those regulations would not affect this already filed petition. The commission compiled a list of their concerns which included noise, safety (ice throw), quality of life (medical issues), setbacks (from homes & property lines), potential loss of real estate values, and an overall disappointment in the legislative body for passing such legislation without first having regulations and standards in place. The commission requested that Bill prepare a letter which outlines all of the commission’s concerns and present a draft for commission review at the next meeting.
Adjournment:
Motion by A. Havican, seconded by A. Delelle to adjourn at 10:10 p.m. Unanimous.
Donald Pomeroy, Chairman