ZBA Minutes - May 22, 2001

Zoning Board of Appeals

May 22, 2001

Chairman Dominic Moschella called the Prospect Zoning Board of Appeals meeting to order at 7 P.M.

Members present: Dominic Moschella, Betty Lou Holley, Martin Atkins, and Alternate George Havican, Harold Bernier.

Absent: Carl Graveline, Alternate Donato Orsini.

CORRESPONDENCE:

Minutes from Planning & Zoning April 18, 2001 meeting and April 4, 2001 meeting.
Letter from Council of Governments dated April 6, 2001 asking to update mailing list.

Motion to put the correspondence on file by Martin Atkins, seconded by Betty Lou Holley. Unanimous.

Motion made by Betty Lou Holley, seconded by Harold Bernier to pay the clerical bill. Unanimous.

Motion made by Martin Atkins, seconded by Harold Bernier to approve minutes of April 24, 2001. Betty Lou Holley abstained. Unanimous.

OLD BUSINESS: None

NEW BUSINESS: Edward & Bonnie Davis, 6 Orchard Drive, Prospect. ZBA Application 4-2001. Mr. & Mrs. Davis would like an 8ft variance on the front line in order to add a family room to their home.

A public hearing is set for June 26, 2001 at 7:10 p.m.

Motion by Martin Atkins, seconded by Betty Lou Holley to accept ZBA Application 4-2001.

Chairman Moschella seated George Havican for Carl Graveline.

PUBLIC HEARING:

7:10 P.M. ZBA Application 3-2001 of Prospect Sports Dome, 155 Union City Road.

Steve Feinstein spoke in front of the board. Each member of the Board was provided with an engineering plan. The appeal is for a height variance. Mr. Feinstein explained to the board the need for the height variance. The structure will reach the height of 70 feet. The structure needs to be large to support the length. This is an air-supported structure. It will be used as a sports dome. There will be inside soccer, golf, softball, and baseball. A number of sporting games will be played at one time. Mr. Feinstein provided the Board with a letter from the Farley Manufacturing Inc. regarding the fire characteristics of Air Structure Fabric. This fabric does not burn, it will melt. These structures have a 50-year track record for safety.

Martin Atkins asked if the structure would collapse. Mr. Feinstein said it would within a 15 to 20 minute time frame. There is a backup system that senses pressure loss. There are 6 emergency exits.

Martin Atkins asked how many people will be in the structure at one time. At a peak time, 75 to 100 people. Martin Atkins asked about the amount of snow the structure could hold. The structures could with hold a significant amount of snow. No snow stays at the top of the structure. The structure is heated, so the snow melts and slides down the structure. Dom Moschella asked where the generator was located. It is located at the back of the structure. Mr. Feinstein pointed out that from the road, the structure is only 35 feet high. It will not be 70 feet above Union City Road. Betty Lou Holley asked if there was going to be any blasting. As of right now, they do not think so. Martin Atkins asked about spectators. Mr. Feinstein stated that friends and families of the players would be welcomed in, also they wanted to have birthday parties, and sports clinics. Martin Atkins asked about the maximal amount of people in the building at one time. Mr. Feinstein said 250 total, but that would not be an everyday event. There will be no formal seating in the structure. There was a question about parking and traffic. Mr. Feinstein stated that if they did plan an event, they would get the appropriate permission from the Town. But the core business is the golf.

Dom Moschella asked for public participation. He asked for people to speak for this application. Bill Donovan, Land Use Inspector in Town of Prospect. Bill stated that the main reason for the Zoning Regulation of a maximum height of 35 ft was due to fire safety. Bill spoke with Fire Marshal Keith Griffin, and Keith did not have any major concerns. Bill wanted to point out that tonight's meeting was for the height variance only. All of the other concerns will be address at the Planning & Zoning and Inland Wetlands meetings.

Don Ensero, 11 Rockridge Terr. He believes we need something like this here in town. Martin Atkins asked Mr. Ensero how close he was to the structure, he said his house is about 1/4 of a mile away from the proposed facility.

Chairman Dom Moschella asked if there was anybody opposing this application.

Corinne Donovan, 163 Union City Road. This structure would be directly behind her house. She had traffic concerns.

Robert Shaft, 168 Union City Road. He had traffic concerns. This structure would be right in front of his house.

Tony & Alicia Ministro, 2 Bronson Road. Their house faces Union City Road. They also had traffic concerns. They were also worried about blasting in the neighborhood.

Deborah Burns, 1 Bronson Road. She had traffic concerns. She also asked about alcohol being served at the facility. Mr. Feinstein said that they did not have plans to serve alcohol, but that will be addressed later. Mr. & Mrs. Montville, 165 Union City Road. Their House is right near the propsed facility. They are concerned about traffic, noise, and having commercial property in their neighborhood.

Claude Parker, 159 Union City Road. There was a traffic concern.

Chairman Dom Moschella asked if there was anyone that wanted to comment. No on else did.

Chairman Dom Moschella stated that a different board would handle the traffic concerns.

Tonight's meeting was for height variance only.

The Public Hearing was closed at 7:57 P.M.

7:57 P.M. Opem Public Hearing for Domenico & Franca DiLoreto, 20 Union City Road continuation from April 24, 2001 for ZBA 2-2001, Prospect Service Station. Chairman Dom Moschella read the legal notice that was put in the Waterbury Republican-American on Tuesday, May 8, 2001 & Thursday, May 17, 2001. Attorney Priscilla Mulvaney, representing Bill Donovan, spoke to the Board. The Cease & Desist Order is withdrawn. The Board was presented with the letter from Mr. Donovan to Domenico & Franca DiLoreto. Chairman Dom Moschella read the letter to the Board. The letter will be put on file. The letter was sent, and received tonight. Attorney Broderick, representing Domenico & Franco DiLoreto, accepts the withdrawal.

Chairman Dom Moschella asked if there was any public participation. There was none. Martin Atkins asked if Bill could keep the Board updated with any further actions. Bill said he would.

The Public Hearing was closed at 8:05 P.M.

Action on Application for Sports Dome.

Discussion: traffic is a concern, but this Board is only looking at the height variance. Chairman Dom Moschella stated that his biggest concern was fire safety. Betty Lou Holley asked about having the Fire Marshal look into it. Bill Donovan stated that he did speak with the Fire Marshal, and he did not have any concerns. Martin Atkins stated that Keith Griffin was consulted and the structure is National Fire Protection certified. Betty Lou Holley had a concern for the kids, she agrees it is a good idea, but is concerned about fire safety.

Motion to approve ZBA Application 3-2001 by Martin Atkins, seconded by George Havican. Unanimous.

Public Participation: Steve Feinstein thanked the Board.

Other Business: Martin Atkins wanted to point out that the Board did not have a public hearing for the Car Dealership Location Application of Vincent LoRusso at 52-54 Waterbury Road, but nevertheless was granted an approval. Thereafter, Mr. LoRusso has leased the building and area for a Day Care Facility. Martin Atkins felt that a Public Hearing for Mr. LoRusso's Application should have been necessary. Chairman Dom Moschella stated that the Connecticut Statues do not require a second Public Hearing on the same business proposed at the same location.

Motion to adjourn meeting at 8:30 P.M. by Martin Atkins, seconded by Betty Lou Holley. Unanimous.

Respectfully submitted:

Jessica Moniz, Temporary Clerk