August 1, 2001
Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Approval of Minutes: Motion by A. Havican, seconded by J. Wallace to approve minutes of the July 18, 2001 meeting as presented. Unanimous.
Correspondence:
Motion by A. Havican, seconded by D. Pomeroy to accept correspondence. Unanimous. Motion by D. Pomeroy, seconded by G. Graveline to pay Invoice from Harrall-Michalowski Associates in the amount of $3,650.00. Unanimous.
Public Participation: Edward Miller, 29 Woodcrest Drive. Complemented the Commission on the work being done regarding the Plan of Conservation and Development, and stressed the important role that adept planning will play in guiding the growth and development of Prospect. Also mentioned a bulletin prepared by the Council of Governments that highlights various findings to date resulting from the Council's Route 69 Corridor Study project.
Old Business: Crumb Realty, 7 Grammar Avenue. Application for a Nursery School/Day Care Facility at 129 Union City Road (Lot 5, Prospect Industrial Park). Chairman Hiscox continued with the review of this Site Plan by referencing concerns Commissioners had as a result of the Site Walk that took place on July 16th. One concern is that outside lighting not have a negative impact on the neighboring residential properties. Jim Kulpa, of Milone & MacBroom Engineering as agent responded that outside lighting will be down facing and directed away from abutting residential properties. A berm and swale and curbless catchbasin are being added as site grading revisions on the westerly side of the parcel to direct surface waters towards the rear of the lot thus reducing watershed to neighboring downstream residential properties. G. Graveline wants to have a drainage easement over the abutting rear property in place before a final vote is taken on this application. He also feels the upper area bordering Route 68 has to be kept cleared of brush and high vegetation to ensure a sufficient site line for vehicles when exiting the facility onto the State highway. After some discussion, it was agreed there would be nineteen parking spaces provided. Chairman Hiscox directed B. Donovan to prepare a Draft Motion of Resolution on this application for the next meeting.
Public Hearings a.) Domenico & Franca DiLoreto, 20 Union City Road/1 Old Schoolhouse Road. Petition for a Change of Zone for 20 Union City Road and 1 Old Schoolhouse Road from the current Design Commercial (D-C) designation to General Commercial (G-C). The public hearing on this petition was closed on July 18th. Chairman Hiscox related he has a problem with approving a change of zone on a parcel primarily to allow a use to continue that presently is not allowed within the existing zone. He feels the draft Plan of Development that the Commission is currently reviewing discourages intensive commercial use in the "Town Green" center of town in which 20 Union City Road and 1Old Schoolhouse Road are located. Chairman Hiscox also requested commissioners review Section 110 of the Regulations when making their decision on the proposed change of zone. Section 110 addresses the Intent of the Regulations relative to the comprehensive plan and purposes such as suitability of each area for a particular use and conserving the existing character of all parts of the Town. G. Graveline sees the zone change as a way to eliminate and/or reduce existing non-conformities, which is a basic goal of zoning. If the zone change were approved allowing added use of either parcel, the Commission could then require a Site Plan application relative to the new, allowed use(s) and impose necessary conditions of approval that the Town could legally enforce. No motion was made to vote on this petition at this time.
b. Domenico & Franca DiLoreto, 20 Union City Road. Application to amend Sections 210 & 300 of the Zoning Regulations to include Auto/Motor Vehicle Repair & Maintenance and Commercial Towing Operations/Business as permitted uses within a General Commercial zone. The public hearing opened on July 18th. Because the applicant would not be in attendance for this meeting, the Commission had agreed to carry over the Public Hearing to the August 15, 2001 meeting. No public comment was received.
b.) Keith Gavigan, 5 Amber Court. Application for a Home Occupation: Cleaning Service. Mr. Gavigan described the proposed Home Occupation as a "Service Master" franchise that offers commercial cleaning services. He would have two commercial vehicles parked on site: one inside the garage and one on the side of the garage out of view from the road. No customers would be coming to the house. There would be one or two employees coming to the house after 8:00 a.m. for the vehicles. Other service employees will report to an approved off-site parking area where Mr. Gavigan's other commercial vans will be stored. Every six weeks or so there would be a delivery of chemicals associated with the business; a maximum of 40 gallons of material would be stored at the house at any one time. Of these, two chemicals are rated as flammable, and would be housed in a fire retardant storage cabinet. Any waste resulting from the business would be disposed of in compliance with pertinent regulation. There would be a small business office located in the house. Chairman Hiscox related that he sees this venture as a commercial business that falls outside the Home Occupation guidelines. Attorney James Bonsignoca, speaking on behalf of the applicant stated this venture will not create any unusual or extensive traffic. He believes this is a franchise, and is the applicant's occupation. There will be no sign placed on the property. J. Wallace mentioned for comparison a small commercial operation in Prospect that keeps his commercial vans parked on a commercial lot and stores his materials in the basement of a commercial building. He feels the Commission has an obligation to sustain the residential nature of residential neighborhoods when reviewing Home Occupation applications. Motion by G. Graveline, seconded by D. Wallace to accept the application from Keith Gavigan, 5 Amber Court for a Home Occupation: Cleaning Service. Unanimous. The commission mentioned that because of the two Public Hearings scheduled for the August 15th meeting this application may be deferred to the following meeting for discussion.
c.) Chris Keeler, 34 Nancy Mae Avenue. Application for a Home Occupation: Pool Service. Chairman Hiscox began by mentioning both he and Bill Donovan have received complaints from area residents over the commercial vehicles parked on Mr. Keeler's property, the coming and going of employees and the possible warehousing of chemicals inside his house. Mr. Keeler stated he does not store any chemicals in his house relative to his business. He will be relocating his trucks to his commercial property on Waterbury Road at the end of this year's business season, and any remaining office work being done inside the house will be relocated to his "Prospect Pools" location on Waterbury Road. Chairman Hiscox stated that because Mr. Keeler will be relocating all but his own commercial van off of his residential property on Nancy Mae Avenue and also transferring any remaining business operations to his commercial property on Waterbury Road, there is no need for Mr. Keeler to apply for a Home Occupation at this time. The Commissioners agreed. There was no motion to accept this application.
c.) Edward Dobbins, 24 Cornwall Avenue. Site Plan application: Earthwork. Mr. Dobbins related he is before the commission to apply for a Site Plan approval for earthwork/ filling activities he has already undertaken. Bill Donovan mentioned that he has issued Mr. Dobbins a "Cease and Desist" on this earthwork with the option to apply to the Planning & Zoning Commission for approval of a Site Plan that will demonstrate the total area or extent of the activities proposed. David Carson of O.C.C. Design spoke on behalf of Mr. Dobbins by stating he has developed a proposed Site Plan that has been submitted with the application. Mr. Carson related that Mr. Dobbins has been moving and bringing in earth materials for the past two years, and has consequently generated concerns with neighboring property owners. Mr. Carson believes the best approach is to establish a plan that can be implemented in stages with a targeted completion date. If approved, the Commission could place stipulations on the permit to complete a section or stage within a certain period of time and allows the Land Use Officer to inspect the progress of the operation. Mr. Carson agrees the current situation on Mr. Dobbins property is unsightly to the downhill neighbors and encourages the Commissioners to visit the property to view for themselves. The Commissioners agreed and will make individual site visits prior to the next scheduled meeting. Motion by G. Graveline, Seconded by A. Havican to accept the application of Edward Dobbins, 24 Cornwall Avenue for Earthwork activities. Unanimous.
Public Participation: Flora Ferrara, 30 Cornwall Avenue. As a neighbor of Mr. Dobbins at 24 Cornwall Avenue, she is concerned with where the fill is coming from that Mr. Dobbins has had trucked onto his property. Mrs. Ferrara would like verification as to whether or not there may be contaminants dumped in with the fill. She feels his earthwork activities to date have depreciated her property value. Brian Bisson, 26 Cornwall Avenue, is also a neighbor of Mr. Dobbins. He submitted a letter to the Commission detailing his concerns with the mentioned earthwork activities. Mr. Bisson is dissatisfied with the length of time and amount of fill involved and frustrated that the Town has not taken steps prior to now to control this situation. Mr. Bisson is concerned with potential contamination to his well and potential loss of value to his home and property. He would welcome any of the Commissioners to come to his property to view the Dobbins' project as he now has to see it.
Land Use Inspector's Report: Bill Donovan mentioned a recent legislative act that revises the process for adoption of municipal plans of conservation and development now requires a copy of the final draft plan of conservation and development be submitted for review and comment to the legislative body (Town Council) at least sixty-five days prior to scheduling public hearings on adoption. Bill asked the commission that unless there are any remaining issues to discuss on the submitted draft sections he would like to have HMA begin preparation of the first final draft for Town review. The commissioners related they are very satisfied with the development of the Plan to date and all draft sections previously submitted, and see no reason not to initiate a final review at this time. D. Pomeroy mentioned several streetlights have been installed within the College Farms subdivision and wanted to know if these were approved with the Subdivision Plan. Bill will look into the matter. Bill also mentioned Finno Development has submitted a request for bond release of the West Ridge Estates subdivision, however there are several items that need to be addressed before a recommendation can be made. Motion to accept the Land Use Inspector's Report by J. Wallace, seconded by A. Havican. Unanimous.
Public Participation: Edward Miller, 29 Woodcrest Road. Mentioned a resident on Cook Road is storing large commercial vehicles on his property.
Motion by D. Pomeroy, seconded by A. Havican to adjourn at 10:20 p.m. Unanimous.