March 2, 2011
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: D. Santoro, K. Clifford
Absent: G. Graveline
Others Present: William Donovan, Land Use Inspector
Motion by G. Ploski, seconded by A. Delelle to approve the February 16, 2011 minutes. Unanimous.
Correspondence:
1. Land Use Law Center – Invitation to Quinnipiac River Land Use Leaders Training Short Course.
2. Referral letter dated 2/16/11 from Virginia Mason, Assistant Director, Regional Planning
Commission, Council of Governments of the Central Naugatuck Valley re: Municipality of
Naugatuck proposed regulation amendments.
Motion by A. Havican, seconded by G. Ploski 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.
New Business:
a. Paul Trapp, 18 Summit Road – Home Occupation Application: Computer Services Office. Mr. Trapp appeared and stated that he would like to operate his computer services business, Mountain Tiger Marketing, out of his basement home office. Motion by A. Havican, seconded by G. Ploski to accept the application from Paul Trapp, 18 Summit Road for a Home Occupation: Computer Services Office. Unanimous. Mr. Trapp stated that he does not sell any products just his services such as website development & repair and search engine optimization. Mr. Trapp stated that he would not have any customers coming to his home, no signage or outdoor storage. The commission discussed their option to require a public hearing and agreed that because there would not be any signs, customers, or traffic created by the home occupation, they did not feel a public hearing was necessary. Motion by G. Ploski, seconded by A. Havican to approve the Home Occupation Application submitted by Paul Trapp, 18 Summit Road for a Home Occupation: Computer Services Office. Unanimous.
Public Hearing:
7:10 p.m. Tom Satkunas, 232 New Haven Road – Application to add a new section to the Prospect Zoning Regulations to regulate wind power (continued from 1/19/11). Mr. Satkunas appeared before the commission. Chairman Pomeroy read a letter dated 3/2/11 from Attorney N. Warren Hess, III, 180 Church Street, Naugatuck, CT requesting and consenting to an extension of time on the public hearing until 4/7/11 and requesting that the public hearing be continued until the next meeting on 3/16/11. Land Use Inspector Bill Donovan referenced the package received from Attorney Hess which included a cover letter dated 2/17/11 along with the applicants Amended Proposal and Amended Alternate Proposal. Bill stated that commission members have been provided copies of these documents as well as a copy of Prospect’s Town Attorney’s comments on these draft proposed regulations for wind energy regulations. Mr. Satkunas stated that he would like the public hearing continued so he and his attorney may continue to gather information but that he was certain that his final proposed regulations will pertain only to utility scale facilities and will not address on-site facilities or residential properties. The Chairman asked for comments from the public. With no comments from the public, Chairman Pomeroy continued the public hearing until March 16, 2011 at 7:10 p.m.
Old Business:
a. Michael Marino, 22 Chandler Drive – Request for modification of business hours for Home Occupation Permit. Mr. Marino appeared to request a modification of his business hours for his home occupation permit. Mr. Marino stated that he would like to have business hours Monday through Saturday from 9:00 a.m. until 7:00 p.m. and Sunday hours from 10:00 a.m. until 7:00 p.m. Mr. Marino stated that he has a regular full time job and his home occupation business, maximum, will be for eight (8) hours a week. Mr. Marino stated that he will only load his trailer within his permit hours. Lori Codianne, 24 Chandler Drive appeared stating concern that fumes from Mr. Marino’s truck are causing her breathing problems and that Mr. Marino’s trailer is not listed on his home occupation permit and that the zoning regulations allow only one commercial vehicle per home occupation. Mr. Marino stated that he purchased the trailer after he received his permit and requested that in addition to modifying his hours, he would like to add a trailer to his permit. G. Ploski asked Ms. Codianne if it would be helpful if Mr. Marino installed a fence between the properties and Ms. Codianne replied it would not. Ms. Codianne stated that the zoning regulations are suppose to preserve the character of a neighborhood and that she believes that her property is now worth less and will be more difficult to sell with the home occupation next door. Ms. Codianne stated that Mr. Marino does not always adhere to his business hours and that he often does not park his truck and trailer in one of his nine (9) designated parking spaces as instructed by the commission at their 1/5/11 meeting. Chairman Pomeroy stated that he would only need to park in the designated spaces while in the operation of his home occupation. G. Ploski offered Ms. Codianne his cell phone number so she may contact him in order for him to witness and verify any violations directly. G. Ploski advised Mr. Marino that the commission does have the right to revoke a home occupation permit. Ms. Codianne stated concern that a tree on her property had been damaged by snow being plowed up against it. Ms. Codianne stated that the plowing was done by a Chris’s Landscaping truck and upon speaking to Lou at Chris’s Landscaping she was advised that Mr. Marino himself is the person who plowed the property. Ms. Codianne stated that she will now need to hire and pay for an arborist to take care of the tree. The commission held discussion with Mr. Marino regarding his business being seasonal. Mr. Marino stated that he only operates his business during the months of March through November and that his business does not include snowplowing. The commission discussed the definition of “commercial vehicle” and reviewed the minutes from their 10/20/10 meeting. J. Crumb and A. Havican stated concern about a home occupation having Sunday hours. Motion by A. Havican, seconded by J. Crumb to amend the home occupation permit of Michael Marino, 22 Chandler Drive to utilize an equipment trailer and to modify business hours as follows: Monday through Saturday 9:00 a.m. – 7:00 p.m. with no Sunday business hours. A. Havican and J. Crumb voted in favor. D. Pomeroy, A. Delelle and G. Ploski did not vote to approve. Motion does not carry. Motion by A. Delelle, seconded by G. Ploski to amend the home occupation permit of Michael Marino, 22 Chandler Drive to utilize an equipment trailer and to modify business hours as follows: Monday through Saturday 9:00 a.m. – 7:00 p.m. and Sundays 10:00 a.m. – 7:00 p.m. D. Pomeroy, A. Delelle and G. Ploski voted in favor. A. Havican and J. Crumb did not vote to approve. Motion carries.
b. 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”. Motion by G. Ploski, seconded by A. Havican to continue discussion on the 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”. Unanimous. G. Ploski provided and the commission reviewed a copy of the State of Connecticut General Assembly’s Public Act No. 10-87 which is an act concerning private and municipal recycling ordinances and solid waste collection contracts. The commission also reviewed proposed definitions with Land Use Inspector Bill Donovan and after consideration agreed that “upcycling” would be considered “manufacturing” and therefore does not need to be addressed under recycling. G. Ploski proposed to add the following definitions to Prospect’s Zoning Regulations: “Recycling” means the processing of solid waste to reclaim material there from; “Recycling Facility” or “Recycling Center” means lands and appurtenances thereon and structures where recycling is conducted, including but not limited to, an intermediate processing center as defined in Connecticut General Statutes Section 22a-260; “Redemption Center” means any facility established to redeem empty beverage containers from consumers or to collect and sort empty beverage containers from dealers and to prepare such containers for redemption by the appropriate distributors. The commission held discussion as to what zoning districts such businesses should be permitted in either as of right or by special permit. Motion by G. Ploski, seconded by A. Havican to add definitions of “Recycling” and “Recycling Facility or Recycling Center” in Section 2.2 Definitions of the Zoning Regulations to be permitted by Special Permit (SP) in Industrial Districts (IND-1 and IND-2) and to add the definition of “Redemption Center” in Section 2.2 Definitions of the Zoning Regulations to be permitted by Special Permit (SP) in the Business District (B) and to set an effective date of April 20, 2011. Unanimous.
Land Use Inspector’s Report:
Bill showed the commission an old site plan that was drawn up for “Nottingham Farm” which was a proposal for a 52-lot subdivision on 178 New Haven Road which is the same property being considered for two utility scale wind turbines. Bill stated that the proposal never proceeded forward to an application. G. Ploski requested that Bill look into a “floppy sign” that has been put up at 69 Waterbury Road and a “Prospect Self Storage” sign that was added to the I-beam directory sign on Industrial Road. A. Delelle asked Bill if he was aware of the new sign of Daytona Tanning at 50 Waterbury Road. Bill stated that the sign was a temporary “Grand Opening” sign that subsequently was buried under the snow and stated that he will ask the owners to remove it. 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. No public comment.
Chairman Pomeroy stated that he and Bill Donovan will be attending the State of Connecticut Siting Council’s continuing public hearing on BNE Energy’s Petition #980 on Thursday, March 4th. G. Ploski stated that he will also be attending.
Adjournment:
Motion by A. Havican, seconded by G. Ploski to adjourn at 9:06 p.m. Unanimous.
Donald Pomeroy, Chairman