August 15, 2001
Board Members Present: Chairman Robert Hiscox, Gil Graveline (7:05), Donald Pomeroy,
Alan Havican, Daniel Wallace
Alternates Present: None
Others Present: Bill Donovan, Land Use Inspector
Members Absent: None
Chairman Robert Hiscox called the meeting to order at 7:03 p.m. The meeting was taped.
Approval of Minutes: Motion by A. Havican, seconded by D. Pomeroy to approve the minutes
of the August 1, 2001 meeting as amended. Unanimous.
Correspondence:
- Anonymous letter re: vehicles at 33 Platt Drive.
- Letter dated August 1, 2001 from Susan S. Kelly offering Services for Transcription Work.
- Letter dated August 13, 2001 from Dianne Caruso re: Application for Car Wash.
- Letter dated August 14, 2001 from Ray Caruso Sr. re: Application Car Wash.
- Letter dated August 14, 2001 from Ray Caruso Jr. re: Application for Car Wash.
- Letter dated August 14, 2001 from Mary M. Gluck re: Application for Car Wash.
- Inland Wetlands Commission Approved Minutes of July 9, 2001.
- 2001 Amendments: A Supplement to Statutes Governing Municipal Planning & Zoning from the
Office of Policy and Management.
Motion by D. Pomeroy seconded by D. Wallace to accept the correspondence. Unanimous.
Public Participation: None
Old Business:
a. Crumb Realty, 7 Gramar Avenue. Application for a Nursery School/Day Care Facility at 129
Union City Road. Chairman Hiscox read a letter dated August 15, 2001 from Attorney Mark
Capuano to Jack Crumb of Crumb Realty confirming that Attorney Capuano will be preparing a
drainage easement for the benefit of Lot 5 Union City Road across Lot 7 Gramar Avenue.
Jim Kulpa of Milone & MacBroom reviewed changes made to the site plan regarding the total
number of parking spaces, added grading for the berm on top of the slope and an added note
that lighting would be directed away from abutting properties. The Commissioners reviewed
a Draft Adopted Resolution prepared by Bill Donovan. Motion by G. Graveline, seconded by
A. Havican to approve the Draft Adopted Resolution for Crumb Realty for a Nursery School/Day
Care Facility at 129 Union City Road as presented and that a performance bond in an amount
and form acceptable to the Town Attorney be posted. Unanimous. Chairman Hiscox noted for
the record that a copy of the Adopted Resolution would be on file in the Town Hall.
Public Hearings:
a. Domenico & Franca DiLoreto, 20 Union City Road. Application to Amend the Zoning Regulations
to Include Auto/Motor Vehicle Repair & Maintenance and Commercial Towing Operations/Business as
a Permitted Use in a C-G Zone. This public hearing was being continued from July 18, 2001.
Chairman Hiscox asked for comments from the public. Charles Anderson, 62 Putting Green Lane,
was concerned with hazardous materials leaking from stored vehicles and the general appearance
of the property. Mary McCormack, 9 Straitsville Road, stated her concern with the appearance
of the property as well. Attorney Michael Broderick, representing the applicant, stated that
the purpose of the amendments was to try to resolve some of the issues mentioned and also that
the D.E.P. has visited the site and there have been no violations with regards to hazardous
materials. Attorney Broderick theorized from the applicant’s point of view that the word
“temporary” discussed at the previous meeting would mean a period of six to twelve months.
Attorney Broderick explained that it is not the objective of the applicant to store vehicles,
but a by-product of a gas station/repair shop. Attorney Broderick also suggested that the
Commissioners consider tying the use of a towing operation in conjunction with automobile
repairs and maintenance and gasoline sales. G. Graveline stated his preference would be to
require a special permit for any towing/auto repair and gasoline sale application. The
applicant reviewed the types of vehicles that would be involved in towing and storage.
Attorney Broderick stated that the applicant purchased property on Old Schoolhouse Road
hoping to alleviate some of the congestion and has made improvements to the appearance of
his property. Doug Merriman, Merriman Lane, stated that as Vice Chairman of the Safety
Committee he has received many complaints regarding the appearance of the applicant’s property.
Mr. Merriman also stated that the site does not have a 15-foot margin around the building for
emergency vehicles and feels this is not a good location to be adding more vehicles. Bill
Donovan reminded the Commissioners that the application is to allow a new use generally in a
commercial zone, not for a specific site. Motion by D. Pomeroy, seconded by A. Havican to
close the public hearing on Domenico & Franca DiLoreto’s application for an amendment to the
zoning regulations. Unanimous.
b. J.N.J. Realty, LLC, 97 Waterbury Road. Application for a Car Wash/Quick Lube Facility.
The public hearing was opened at 7:48 p.m. Chairman Hiscox read the notice of public hearing
as it appeared in the Waterbury Republican American. Also read into the record were letters
in favor of approving the application submitted by Diane Caruso, Mary Gluck, Tracy & Timothy
Scott, Gary Boucher, Mark DeBiase, Ray Caruso, Jr., and Ray Caruso, Sr. Attorney Edward
Fitzpatrick, representing the applicant, reviewed the proposed site plan, explaining that
the proposal complies with all zoning regulations and has been given approval from the Inland
Wetlands Commission. David Carson of OCC Design Consortium, the engineer for the project,
described the roadway access off of Route 69 and the general site layout. Mr. Carson stated
that the proposal is in complete compliance with the zoning regulations. Mr. Carson stated
his opinion that the proposed car wash would not cause an increase in traffic, explaining end
destination vs. passing traffic, and that noise levels on the site would increase only due to
the blower/dryers at the exit of the car wash, which will be deflected with a 6-foot high fence.
The public was invited to comment. Don Ruesch, Waterbury Road, opposes the car wash because of
traffic concerns. Mike Dreher, 2 Stonefield Drive, read and submitted a letter of opposition
signed by 90 residents listing concerns with traffic, noise, environmental issues and the adverse
impact on the residential neighbors. Mike Scaviola, 4 Blue Trail Drive, stated that it’s the
Commissions job to insure that guidelines are met to make the proposed car wash acceptable for
the neighborhood. Several other residents spoke in opposition of the proposal citing traffic
and noise concerns, environmental issues, and a general feeling that the car wash would have a
negative impact on their quality of life. Letters of opposition from Richard & Anne Mascoli,
Waterbury Road, Kathryn Wilcox, 88 Waterbury Road and Jane Fowler, Maria Hothkiss Road were
read and submitted. At 10:12 p.m., Chairman Hiscox stated that the public hearing would be
continued to September 5, 2001 at 7:30 p.m.
New Business:
a. Gary Zimyeski, 124 Union City Road. Petition for a Change of Zone from Residential to
Industrial. Gary Zimyeski submitted his application and letters from his siblings who are
also co-owners of this property stating their desire to change the residential portion of
this property to industrial. Mr. Zimyeski submitted a map showing the location of the 8.45
acres explaining that the property is located in the Prospect Industrial Center. Fees for
the application were set and paid in the amount of $800.00 and $10.00. Motion by D. Pomeroy,
seconded by A. Havican to accept the application from Gary Zimyeski, for a Zone Change from
Residential to Industrial for property located at 124 Union City Road. Unanimous. Motion by
G. Graveline, seconded by D. Wallace to set a public hearing for the application for a Zone
Change at 124 Union City Road for September 19, 2001 at 7:30 p.m. Unanimous.
Old Business:
a. Edward Dobbins, 24 Cornwall Avenue. Site Plan Application – Earthwork. This application
was accepted at the August 1, 2001 meeting. Chairman Hiscox stated that he had visited the
property and feels that the Cease and Desist order issued by Bill Donovan should remain.
Chairman Hiscox recommended that Mr. Dobbins be instructed to clean and grade the site within
a reasonable amount of time. G. Graveline also visited the site and noted that the silt fence
is incorrectly installed. G. Graveline stated that the grading on the site has to be corrected
by a professional using clean fill and loam on top. D. Pomeroy agreed with G. Graveline and
stated that he felt stabilization in some areas would be difficult. The Commissioners agreed
that they would not give approval to continue the illegal activities. Motion by D. Pomeroy,
seconded by A. Havican to deny the site plan application for earthwork from Edward Dobbins,
24 Cornwall Avenue, and have Bill Donovan direct Mr. Dobbins to grade his property in order
to stabilize the existing conditions, using only loam and topsoil for fill, and to reinstall
the required silt fencing. Unanimous.
Land Use Inspector’s Report: Bill Donovan submitted a letter from Antonio Pereira requesting an
additional 30-day extension on the bond for the Salem Road Subdivision which would be a 60-day
extension of the original date. There was no discussion. Motion by D. Pomeroy, seconded by A.
Havican to approve a 60-day extension of the bond for Antonio Pereira, Salem Road Subdivision.
Unanimous. Bill stated that two complaints were received from recent blasts at O & G. Ken
Faroni, of O & G Industries did contact both parties. Residents have also contacted O & G
Industries with complaints of subcontractor’s trucks speeding and going into the quarry before
the allotted startup time. Motion by D. Pomeroy, seconded by A. Havican to accept the Land Use
Inspector’s report. Unanimous.
Public Participation: Brian Bisson, Cornwall Avenue, asked that Town officials closely monitor
the stabilization process at Mr. Dobbins’ property. Bill Donovan stated that he did file a
complaint on the bulky waste with the D.E.P. Although it is not a high priority, the D.E.P.
did indicate to Bill that they would inspect the site. Joe Commendatore, J.N.J. Realty asked
if there was any further information that needed to be submitted at the continued public
hearing for the car wash on September 5th. Chairman Hiscox stated that the actual exterior
design of the building, landscaping plans and any proposed signage should be presented.
Motion by A. Havican, seconded by D. Wallace to adjourn at 11:05 p.m. Unanimous.
Robert Hiscox
Chairman