Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:08), James Lehner, Lezlye Zupkus, Alan Havican
Alternates Present: Daniel Wallace
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Donald Pomeroy (Alternate)
Approval of Minutes: Motion by A. Havican, seconded by J. Lehner to approve minutes of the 7/19/00 meeting as presented. Unanimous.
Correspondence:
Motion by J. Lehner, seconded by L. Zupkus to release the bond on Robinmark Subdivision, Phase I and Phase II. Unanimous. Motion by D. Wallace, seconded by J. Lehner to accept the correspondence. Unanimous.
Public Participation: None
Old Business:
a. Vincent & Lorraine Corsino, 39A Waterbury Road. Site Plan Review for Real Estate Office. A site plan application was approved for a real estate office at the June 21, 2000 meeting. B. Donovan noted to the Commissioners that under Section 330 of the Prospect Zoning Regulations, driveways must be a minimum of 100 feet apart, unless the Commission waives the requirement under a rider in the regulations. This issue was not addressed in the site plan approval. The Commissioners agreed to note in the record that the 100 foot minimum requirement for the two driveways on this site plan is waived, indicating that a separate entrance and exit at this location would benefit the flow of traffic in that area.
b. Jack L. Crumb, 129 Union City Road. Application for Zone Change from Industrial to General Commercial. The public hearing on this application was closed at the July 5, 2000 meeting. Chairman Hiscox reviewed the application. There were no further comments from the Commissioners. Motion by G. Graveline, seconded by L. Zupkus to approve the zone change at 129 Union city Road from Industrial to General Commercial. Unanimous. Motion by G. Graveline, seconded by A. Havican to set September 1, 2000 as the effective date of the zone change. Unanimous.
c. Vincent LoRusso, 72-74 Waterbury Road. Site Plan Application for Car Dealership. This application was accepted at the July 5, 2000 meeting. A Draft Resolution of Approval was distributed to the Commissioners. Terry Meyers of Meyers Associates, P.C., reviewed the changes made and discussed at the last meeting. Chairman Hiscox stated he would like to see the parking area in the rear of the lot paved and parking spaces there defined in order to upgrade the appearance. He also asked about a hole on the post office side of the building. Mr. Meyers indicated the hole was a catch basin that needed to be cleaned out and rebuilt. G. Graveline noted that the applicant indicated at the last meeting that the existing lighting on the property was sufficient and no additional lighting would be installed. B. Donovan noted an error under "Notes" on the site plan map which indicated the number of parking spaces for the retail portion of the property to be "15 & 2HC provided". The correct number of parking spaces should read "16 & 2HC provided". Mr. Meyers corrected and initialed the change on the site plan map. Motion by A. Havican, seconded by G. Graveline to approve the Draft Resolution for a site plan for an auto dealership/repair facility for property located at 72-74 Waterbury Road as presented. Unanimous. It was noted that the applicant would clean and repair the storm drain as discussed earlier.
d. Paint Ball Adventure Games, 54A Talmadge Hill Road. Amendment to "Motion of Approval." This application was accepted at the July 5, 2000 meeting. Chairman Hiscox noted that there are two separate issues on this application; one is to amend the special permit to allow for a temporary seasonal canopy to be placed on the site and the second is to amend the special permit to allow for nighttime operation and the addition of lighting on the site. On the first issue, the Commissioners felt that a limit should be set on the size of the canopy being placed. B. Donovan noted that the canopy should be back a minimum of 400 feet from Route 69, so it would not be on the strip of property zoned as General Commercial. Motion by L. Zupkus, seconded by J. Lehner to amend the special permit for Paint Ball Adventure Games to allow for a seasonal canopy structure no larger than 20’ X 16’ to be placed at least 400 feet in from Route 69. Unanimous. The applicant, Peter Dadonna, described the game " Speedball" which is being proposed for evening play and the necessity to construct a playing field with obstacles appropriate for play, as well as lighting to be powered by a portable generator. The requested hours of operation for this activity are Friday evenings from 6:00 p.m. to 9:45 p.m. Mr. Dadonna described a small Homelite generator that runs for 4 hours on a tank of gas and could be put into a small containment area. The generator would not have to be filled on site. He also proposed mounting two high-pressure sodium lights in the playing area. G. Graveline stated the lights should be mounted on poles rather than on trees. Mr. Dadonna has not spoken with neighbors regarding this proposal. Chairman Hiscox stated he would not be in favor of approving this proposal as nighttime operations and the addition of lighting on Friday evenings would create a potential for neighborhood disruption and such operations would not be in tune with the character of the land. G. Graveline felt that the approval of this application could jeopardize the success of the current operations, as there have been no complaints of disruption in the area. A. Havican agreed with R. Hiscox and G. Graveline. J. Lehner did not agree stating that we currently have a lighted golf course and tennis courts in Town. Motion by A. Havican, seconded by G. Graveline to amend the special permit for Paint Ball Adventure Games to allow nighttime operation and addition of lighting with appropriate stipulations as stated. The motion was denied by a 4-1 vote. (R. Hiscox, G. Graveline, L. Zupkus, A. Havican – Against; J. Lehner – In Favor.)
Public Hearings: None
New Business:
a. John S. Holley, Jr., 15 Merriman Lane. Application for Subdivision – 22 Merriman Lane. John Holley presented maps indicating property owned by himself, his brother and two sisters, which is being proposed as a 3-parcel subdivision at 22 Merriman Lane. Two (2) abutting property owners have requested to purchase a portion of this property from the Holleys. G. Graveline stated his concern about creating remnant pieces of property should the abutting owners not follow through with the purchase of the subdivided parcels. He also stated that an approval for this application should be contingent upon the sale of the parcels and include a condition that the purchaser file a deed in the land records changing the legal descriptions of their current property to include the additional parcel all as one piece. B. Donovan was instructed to check with the Town Attorney to see if such conditions could be placed on a subdivision approval. The Commissioners agreed to set the fees for this application at $150.00 and $10.00 as there would be no engineering work involved. Motion by A. Havican, seconded by G. Graveline to accept the application of John Holley, for a 3-parcel subdivision at 22 Merriman Lane and to set a public hearing for August 16, 2000 at 7:30 p.m. Unanimous.
b. Anthony E. Porto, Jr., 12 Straitsville Road. Application for Home Occupation – Handyman Services. Anthony Porto explained that he moved his home occupation business from a Commercial Zone on Old Schoolhouse Road to a Residential Zone at 12 Straitsville Road. This is a 1-person operation with no walk-in services. There was some concern from neighbors regarding outside storage materials, but those materials were for renovating the house, not materials for his business. Appropriate fees have been paid. Motion by A. Havican, seconded by G. Graveline to accept the application of Anthony Porto for a Home Occupation permit at 12 Straitsville Road for Handyman Services. Unanimous. B. Donovan will prepare a Draft Resolution of Approval for this application for the next meeting. Chairman Hiscox indicated that Mr. Porto could continue to operate his business in the interim.
Land Use Inspector’s Report: B. Donovan introduced John Horstman, 39 Bayberry Drive, and explained that Mr. Horstman and his wife are considering a lease purchase on property located at 39 Union City Road for the purpose of conducting a therapeutic medical office. Before signing an agreement for this lease purchase, Mr. Horstman wanted the Commission’s approval that such a practice would be allowed at this location as it is zoned residential. The property owner was grandfathered and allowed to use the property as a medical office because it existed pre-zoning. Clients would be limited to no more than 3-4 in the office at a time and by appointment only. The Commissioners agreed that such a practice would be equal to the past non-conforming use in a residential area and it could be allowed. Motion by G. Graveline, seconded by A. Havican to approve the administrative issuance of a zoning permit at 39 Union City Road for a therapeutic medical office. Unanimous. Bill reported that Ronald LaCombe, 249 Cheshire Road, has been parking a cherry picker on his property again. The Commissioners gave Bill permission to contact the Town Attorney and take any action necessary to insure Mr. LaCombe conforms to the regulations. Bill informed the Commissioners that the South Central Regional Water Authority is offering property for sale. The Town has the first right of refusal. The Commissioners were strongly in favor of the Town acquiring as much of this property as possible. Bill further stated that there is a national non-profit organization, The Trust for Public Land, that works with cities and towns to set up land acquisition plans. Chairman Hiscox asked Bill to invite a representative from the organization to the next meeting. Chairman Hiscox mentioned a problem involving a shared driveway in the Matthew Hills Subdivision. It was stipulated that the first 200 feet of the driveway would be paved, but the Draft Motion doesn’t spell out who is responsible for the cost of paving. G. Graveline suggested that there be no shared driveways in the future, that each property should have its own driveway. Motion by A. Havican, seconded by J. Lehner to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: None.
Motion by J. Lehner, seconded by A. Havican to adjourn at 9:08 p.m. Unanimous.
Robert Hiscox