Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Donald Pomeroy, Thomas Galvin
Alternates Present: Francis Carpentier, Alexander Delelle
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Anthony Parrella (Alt.)
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 D. Pomeroy to approve the minutes of the August 4, 2004 meeting as amended. The vote on the motion was T. Galvin, A. Havican, and D. Pomeroy in favor. G. Graveline, R. Hiscox abstained. Motion Carried.
Correspondence:
Letter dated August 10, 2004 from the Prospect Water Pollution Control Authority re: WPCA Approval of Sewer Connections.
Motion by D. Pomeroy, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Hearings:
7:45 p.m. – Ed the Treeman, LLC, 23 Industrial Road. Application for a Special Permit for Firewood Production and Storage. The public hearing was continued from August 4, 2004. Chairman Hiscox read a letter dated August 9, 2004 from Kimberly Tompkins, 10 Rozum Circle, opposing this application citing concerns with noise associated with chain saws and log splitters. A letter dated August 16, 2004 from Michael Giusto, 22 Rockridge Terrace, was also read into the record. Mr. Giusto raised several issues for the Commissioners consideration. Scott Poryanda of Connecticut Consulting Engineers represented the applicant and discussed noise levels produced from a chain saw. Mr. Poryanda provided a diagram showing the applicant’s property in conjunction with the industrial/residential zone line. T. Galvin stated that the delineated noise levels could be a problem for the abutting industrial properties. Discussion was held on what noise levels are acceptable. B. Donovan stated he would contact the planners for interpretation of the Regulations regarding noise levels exceeding the acceptable limit (70dba) for 8% of normal business hours. The hearing was opened to comments from the public. Attorney Jim Cummings, representing Don and Barbara Bragg, Rozum Circle, stated that page 178 of the Regulations, Section 10.4.4, indicates that two separate standards need to be met regarding decibel levels. John Pannone, 26 Rockridge Terrace, stated he is opposed to the application noting that the noise associated with wood processing is inconsistent with the other businesses in the industrial park. Mr. Pannone also submitted information from the National Institute for Occupational Safety and Health regarding decibel levels of chain saws and the possibility of hearing loss due to prolonged exposure to noise above 85 decibels. Edward Brasche addressed the issues raised in the letter submitted by Mr. Giusto. Mr. Brasche stated for the record that processed wood will be delivered to customers, by-products of tree-cutting jobs would be brought in by Ed the Treeman, LLC, only. No other tree companies or landscaping operations will be bringing in material. Equipment used in the wood production would be a chainsaw and log-splitter. There will be no wood chipping or grinding. Mr. Brasche estimated that he would produce no more than 200 cords of wood per year. Mr. Brasche stated that the wood processing operations would probably not exceed 8 hours per week. Mr. Pannone questioned the ability to monitor the operations and asked the Commissioners not to allow this application. Tom Battiste, 38 Industrial Road, stated that proper testing would need to be done to determine decibel levels, taking into consideration screening of trees, stacked logs and buildings in the area. There were no further comments from the public. Chairman Hiscox noted that the planners would be contacted for an interpretation of the Regulations. Motion by T. Galvin, seconded by G. Graveline to close the public hearing for a special permit for firewood production and storage for property located at 23 Industrial Road. Unanimous.
8:12 p.m. Raymond P. Donnelly, Jr., 9 Union City Road. Application for a Special Permit for a Home Occupation – Yard Maintenance. Chairman Hiscox read the notice of public hearing as it appeared in the Republican American on August 6th and August 13th. It was noted for the record that Mrs. Donnelly mailed a notice of the public hearing to property owners within 500 feet in accordance with the Regulations. A letter dated August 18, 2004 from Rev. Philip Cascia, St. Anthony’s Church, was read into the record supporting Mr. Donnelly’s application. Raymond Donnelly stated he is seeking approval for a home occupation for yard maintenance and landscaping and also snowplowing services in the winter. Vehicles used in the business are an F-350 pick up and one flatbed trailer. The trailer is stored on the side of the barn. There will be no storage of landscaping materials on site. Mr. Donnelly and his wife are the only employees. B. Donovan indicated that the new regulations prohibit any signage for a home occupation, consequently Mr. Donnelly must remove the sign currently located on his property. Hours of operation would be normal business hours and all maintenance on equipment would take place during normal business hours. The hearing was opened to public participation. Richard DiBeneditto, 3 Carmel Drive, stated he is opposed to allowing a commercial business in the residential area. Mr. DiBeneditto indicated that Mr. Donnelly’s trailer was parked on Carmel Drive for about 3 weeks and feels that Mr. Donnelly will bring in composting materials from job sites. Rita DiBeneditto, 3 Carmel Drive, stated that Mr. Donnelly’s truck is not out of sight. Richard Pavlik, 3 Union City Road, spoke on behalf of George Pavlik of Pavlik Real Estate. Mr. Pavlik stated that he was not opposed to the home occupation permit, but asked that Mr. Donnelly not be allowed to encroach onto Pavlik Real Estate property in the driveway area between the two properties. Mr. Donnelly assured the Commissioners that he can enter and exit his property without encroaching onto Mr. Pavlik’s property. F. Carpentier questioned the gross vehicle weight of the F-350 pickup. Mr. Donnelly was unclear on the gross vehicle weight of his truck. Chairman Hiscox informed Mr. Donnelly that his truck could not exceed a gross vehicle weight of 11,000 pounds. There were no further comments from the public. Motion by A. Havican, seconded by T. Galvin to close the public hearing for a special permit for a home occupation for yard maintenance and landscaping for property located at 9 Union City Road. Unanimous. Motion by D. Pomeroy, seconded by G. Graveline to approve the application for a special permit for a home occupation for yard maintenance and landscaping for property located at 9 Union City Road. Under discussion, Chairman Hiscox noted that Mr. Donnelly was allowed one commercial vehicle under 11,000 pounds. The vote on the motion was Unanimous.
New Business:
a. Larry Beausoleil, 66 Smoke Rise Circle. Pre-Application Review for a New Subdivision – 193 Cook Road. Larry Beausoleil presented a schematic layout for Phase I of a proposed 20-lot subdivision for property owned by Prospect Estates, LLC, located at 193 & 193R Cook Road. The first phase will consist of 6 lots. There are no wetlands within the buildable areas. Mr. Beausoleil has hired an environmental consultant to design a pond within the wetland area. The pond will be included in Phase I of the subdivision. Access for utilities would not require crossing a Town road. All utilities will be underground. Discussion was held on the Commissioner’s thoughts regarding street lighting within the subdivision. There were no further comments. Mr. Beausoleil expects to submit a formal application within the next 30 days.
b. Home Occupations – General Discussion. A list of current home occupation permits was distributed to the Commissioners. Chairman Hiscox asked if it was the understanding of the Commissioners that any home occupation with a current permit when the new regulations became effective would not be required to come back to the Commission for renewal unless there was a complaint filed. The Commissioners confirmed that home occupation permits that were “grandfathered” do not need to get renewals unless there is a complaint. Chairman Hiscox also asked the Commissioners to make B. Donovan aware of valid home occupations that are not on the list.
Motion by G. Graveline, seconded by A. Havican to adjourn at 10:25 p.m. Unanimous.
Robert Hiscox
Robert Hiscox, Chairman