Board Members Present: Robert Hiscox, Gil Graveline, Alan Havican, Donald Pomeroy and Thomas Galvin Alternates Present: None Others Present: Bill Donovan, Land Use Inspector Members Absent: Anthony Parrella (Alt.) and Alexander Delelle (Alt.)
Chairman R. Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
Approval of Minutes: Motion by A. Havican, seconded by T. Galvin to approve the minutes of the July 6, 2005 meeting as presented. The Vote was 2-0 in favor with 3 abstentions. Motion Carried.
Correspondence:
Discussion was held on publishing Planning & Zoning legal notices in the Citizen’s News. Chairman Hiscox stated that a discussion would be held with the Mayor to look into possible savings to the Town. Motion by D. Pomeroy, seconded by T. Galvin to accept the correspondence. Unanimous.
Public Participation: None Old Business: See Page 2 New Business: a. Michael Santangelo, 220 Straitsville Road. Special Permit Application for a Home Occupation for an Office – Carpentry Business. Michael Santangelo presented the application for a home office for his carpentry business. There are no specific business hours of operation proposed as there will be no clients or deliveries coming to his home. Motion by T. Galvin, seconded by D. Pomeroy to accept the application for a special permit for a home occupation for an office for a carpentry business for property located at 220 Straitsville Road and set a public hearing for August 3, 2005 at 7:05 p.m. Unanimous.
Public Hearings:
7:10 p.m. – Cherlyn Budnik, 49 Heritage Drive. Special Permit Application for an Office for Landscape Design. Chairman Hiscox read the “Notice of Public Hearing” as it appeared in the Republican American on July 8th & 15th, 2005. Cherlyn Budnik submitted proof of notification of abutting property owners and explained that she would like to use her home for an office for her landscape design business, “Sheriscapes”. Mrs. Budnik provided the Commissioners with samples of her work and stated there would be no other employees at the office. Mrs. Budnik stated that she uses her personal vehicle, a computer and telephone for her business. There are no proposed regular business hours, as customers will not be coming to her home. There were no comments from the public. Motion by D. Pomeroy, seconded by G. Graveline to close the public hearing for a special permit for a home occupation for an office for landscape design for property located at 49 Heritage Drive. Unanimous. Motion by D. Pomeroy, seconded by A. Havican to approve the application for a special permit for a home occupation for landscape design for property located at 49 Heritage Drive. Unanimous.
7:15 p.m. – Robert & Mark Capanna, 100 Scott Road. Special Permit Application for General Contracting, Construction of Industrial Building and Processing & Stockpiling of Earth Material. Chairman Hiscox read the “Notice of Public Hearing” as it appeared in the Republican American on July 8th & 15th, 2005 noting that the hearing was scheduled for 7:15 p.m. not 7:10 p.m. as misprinted by the newspaper. A letter from Robert Capanna describing the uses for the proposed building was read. Proof of notification of abutting property owners was submitted. Attorney Franklin Pilicy represented the applicants stating that his clients are seeking special permit approval for general contracting services including processing and stockpiling of materials. Attorney Pilicy noted that the property is zoned Industrial and has been since the inception of zoning in the Town. The proposed activities in Attorney Pilicy’s opinion are appropriate for this property and in accordance with Prospect’s zoning regulations. Attorney Pilicy stated that changes have been made to the Regulations over the years to require a special permit process for certain activities, allowing the Commission the opportunity to add conditions deemed necessary or appropriate to mitigate any perceived or real adverse impacts in their judgement. Ted Hart, professional engineer with Milone & MacBroom, reviewed the site plan. The parcel is approximately 5 acres. A 15’ X 300’ driveway off of Scott Road would lead to the proposed 4,000 square foot industrial building with 10 parking spaces. The contractor's yard where processing and stockpiling of material would take place would be located 500 feet from Scott Road. Screening is proposed along Scott Road and approximately 300 feet of existing dense woods will remain along the proposed driveway entrance. The driveway would be gated and only security lighting is proposed. Mr. Hart reviewed erosion and sediment control plans. The building would be serviced with a private well and small septic system. Approval has been received from Chesprocott and the Inland Wetlands Commission. Mr. Hart described the buildable area noting that extensive wetlands to the north of the property would provide a natural buffer of approximately 600 feet. The proposed building would have a 50-foot setback from the Commerce Park zone to the north and a 50-foot setback along the southerly property line. Chairman Hiscox asked the applicant to consider relocating the driveway gate closer to Scott Road noting potential problems with a long unlit driveway. The hearing was opened to comments from the public. Several residents from Timber Hill Road, Scott Road and Maria Hotchkiss Road spoke in opposition to the proposed industrial use noting existing traffic and safety issues on Scott Road. The residents were concerned that the additional commercial vehicles entering and exiting from this location would have serious adverse impacts. Dust concerns and noise pollution associated with processing and crushing of materials was also noted. Area residents reported existing noise and safety issues with the logging operation just south of this proposed operation. Bill Donovan was directed to look into possible permit violations regarding that business. Chairman Hiscox noted that the public hearing would be continued to another meeting. The Commissioners asked that the applicant provide additional information regarding required site lines and turning radius for commercial vehicles entering or exiting the site, decibel levels of processing equipment, proposed hours for processing material and plans for dust control. The applicant was also asked to inquire with the Town as to the timetable for road improvements to Scott Road and the accident incident rate on Scott Road in comparison to other “pass through” roads within the Town. The hearing was continued to August 3, 2005 at 7:45 p.m.
8:35 p.m. – Proposed Amendment to the Zoning Regulations – Section 5.3.3, Junk Vehicles, Unregistered Motor Vehicles, Vehicles Involved in Restoration. Bill Donovan presented a proposed amendment intended to place limits on the number of unregistered vehicles allowed to be stored on residential property at any one time. Proposed added Section 5.3.3.3 states “A maximum of two (2) unregistered vehicles that are fit for highway use may be stored outdoors on a lot for not more than one (1) year if the two are owned by members of the household. Unregistered vehicles fit for highway use that are stored outdoors for more than 30 days shall be located no closer to the street than the primary structure. Title of ownership, registration or Bill of Sale of the vehicle(s) must be available upon request.” Proposed added Section 5.3.3.4 states “A maximum of two (2) vehicles, registered or unregistered, fit or unfit for highway use, or as otherwise described in Sections 5.3.3.1 through 5.3.3.3 shall be allowed to be stored outdoors on a lot at any one time.” The hearing was opened to the public for comments. Greg Ploski, Prospect Automotive, 103 Union City Road, wished to place restrictions on the individuals who repair vehicles other than their own at their personal residences. Chairman Hiscox stated that those individuals could be cited for illegal home occupations. There were no further comments from the public. The public hearing was continued to August 3, 2005 at 8:00 p.m. to allow for comments from abutting municipalities and regional planning agencies.
Old Business: a. Diane Hamelin, 192 Straitsville Road. Petition to Amend the Zoning Regulations to Add Canine Day Care as a Permitted Use in a Business Zone, Industrial (1) or Industrial (2) Zone. The Commissioners reviewed a memorandum prepared by Bill Donovan (see attached) with suggested language for a proposed amendment to add “Canine Day Care” as a permitted use in an Industrial (1) and Industrial (2) zone as directed by the Commissioners at the previous meeting. Chairman Hiscox stated that there seems to be a growing need for this type of service but stated his concerns with allowing this use in a Business Zone. Chairman Hiscox felt that an Industrial Zone would be more suited for this type of service and the other Commissioners agreed. Motion by A. Havican, seconded by G. Graveline to approve an amendment to the Regulations to allow “Canine Day Care” as a permitted use in an Industrial (1) and Industrial (2) zone by special permit and set the effective date for the amendment as September 1, 2005. Unanimous.
Land Use Inspector’s Report: Bill Donovan reported he would be meeting with a developer regarding a large parcel of land on Cook Road situated between Cook Road and Spruce Drive and also representatives of Rosenfield Enterprises regarding development of property located on Summit Road. Applied Geographics will be working with the Town on installing the GIS system approved for this year. Bill stated that the Planning & Zoning Commission had recently approved two car dealerships on Gramar Ave. within 1,500 feet of each other and another car repair business on Union City Road. Bill has been questioned regarding the l ocation of the two dealerships in relation to Section 4.8.1.3 which states “No gasoline or diesel filling station, nor any automotive service or repair station shall be erected near any building or premises used for such purposes on any part of a lot within a radius of 1,500 feet of any part of any lot used for such purposes or for which a permit for such use has been issued.” The Commissioner’s discussed their interpretation of this section of the Regulations noting that in both instances of the two recent applications, neither caused a new building to be erected. The Commissioners considered the applications to be a change of use of an existing building. Discussion was held on a produce stand located on Waterbury Road that recently obtained a vendor’s permit through the Mayor’s office. Section 10.7 – Prohibitive Uses, in the Regulations prohibits vendors if goods or services are not related to the structures on the parcel as approved by Planning & Zoning. A Cease and Desist order has been issued however, Bill indicated that there may be a conflict between the Town ordinance regarding vendor’s permits and the Zoning Regulations. Chairman Hiscox reported to Bill that there is a canvas shed at 4 Rosewood Drive. Chairman Hiscox also asked Bill to review with the Capannas the various information requested by the Commission to be made available at the continuation of the public hearing on August 3rd. Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: Greg Ploski, Union City Road, noted a typographical error on page 3 of the Regulations under Section 2.1.3 – Effective Date. Where compliance is noted under Chapter 124, Section 8-3, it should actually read “Chapter 124, Section 8.2”.
Motion by A. Havican, seconded by G. Graveline to adjourn the meeting at 9:15 p.m. Unanimous.
Robert Hiscox
Robert Hiscox, Chairman