August 1, 2007
Chairman Hiscox called the meeting to order at 7:01 p.m. The meeting was taped.
Members Present: Robert Hiscox, Gil Graveline, Don Pomeroy, Al Havican, Tom Galvin
Alternates Present: Al Delelle
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Jack Crumb (alt.)
Approval of Minutes:
Motion by D. Pomeroy, seconded by A. Havican to approve the minutes of the July 18, 2007 meeting.
R. Hiscox and G. Graveline abstained. Motion carried.
Correspondence:
1.) College of Agriculture and Natural Resources Journal – Summer 2007
2.) Letter Re: Auto Shop Activities at 33 Platt Drive. Chairman Hiscox asked B. Donovan to look into this matter
Motion by T. Galvin, seconded by G. Graveline to accept the correspondence. Unanimous.
Public Participation: none
Old Business:
Regulations Revisions – General Discussion. The Commission received a list of items for proposed
amendments to the regulations. The Commission discussed scheduling a workshop in the near future to discuss all the amendments and
then follow it with a formal public hearing. B. Donovan stated that he would like to have the new regulations in effect by the end of this
calendar year. Chairman Hiscox mentioned temporary real estate signs that have been displayed around town and possibly strengthening
the regulation pertaining to that issue. General Discussion.
Robert Rek, 13 Lombard Drive – Accessory Use on Residential Property- B. Donovan stated that Robert Rek came in
at the last meeting and explained his chainsaw bear carvings. Mr. Rek stated that it is a hobby and he is not running a business out of his home.
There are some neighbors who feel that Mr. Rek is selling his carvings out of his home and is indeed running a business. D. Pomeroy mentioned
his concern regarding the noise issue. T. Galvin asked if there is anything in the regulations for noise if it is pertains to a hobby. B. Donovan
stated that there is a noise ordinance. B. Donovan mentioned Ed the Tree Man had received approval for cord wood production using chain
saws on an Industrial Parcel. Chairman Hiscox stated that this type of business would not meet the requirements for a Home Occupation
because it is visible from the outside. G. Graveline stated that even in an Industrial Zone the Commission limits the amount of noise and this
is a Residential Zone. Anthony Sharkey, 9 Lombard Drive lives next door to Mr. Rek. He stated that last year the noise went on incessantly.
He does not feel it’s a hobby; he feels these bears are purposely facing Route 69 to draw attention and customers for his product. Mr. Sharkey
also mentioned the article in the Republican American that cited the bears range in cost from $30.00 to $1,000.00. He also stated there has
been no activity since the last meeting. Robert Rek, 13 Lombard Drive stated he is not running a business. He started this hobby last winter.
Chairman Hiscox stated the issue is the noise. Chairman Hiscox stated that this is a “he said, she said” situation. In the future, if the Commission
finds out that Mr. Rek is selling the carvings he will immediately be issued a Cease & Desist followed by a $150.00/ day fine. Mr. Rek stated
he doesn’t start carving on the weekend until 10 a.m. and he tries to follow the Town Ordinance the best he can. Anthony Sharkey asked
what the board would accept as proof that Mr. Rek is running a business out of his home. Chairman Hiscox stated if the same kind of evidence
is brought before the Commission again such as the article in the newspaper or any receipts showing that Mr. Rek sold one of his carvings
this would be enough proof that he is running a business. Henrietta Petruccelli, asked about the noise level. Chairman Hiscox stated it is
up to the Police Department to enforce the Noise Ordinance. Ed Rek, 33 Rek Lane is Bob Rek’s Uncle. He stated that he has six of his
carvings at his home and his brother and sister in law have at least 6 carvings at their home as well.
Public Hearings: none
New Business:
David Domenichini, 62 Royal Crest Drive – Earth Excavation – More than 400 Cubic Yards. The Commission accepted their application
at the last meeting. B. Donovan stated the issue is if someone disturbs more than 400 cubic yards of material it requires a zoning permit. They
also have to provide a stabilization plan. At the last meeting the applicants came in and didn’t realize they needed a permit. B. Donovan stated
that the site has not been stabilized and there has been no attempt to do so. Mrs. Domenichini stated that they put the barrier at the bottom of
the hill and have topsoil ready to go down and to plant seed for grass. The top soil is on site and needs to be spread, the seed needs to be put
down and the straw needs to go over it. D. Pomeroy asked when the top soil is going to be spread, seeded and covered. The applicants stated
as soon as their landscaper gets back from vacation the project will be finished. T. Galvin asked about a pipe redirecting runoff. B. Donovan
stated that it is taking water away from the neighbor’s property. Mr. & Mrs. Domenichini stated the erosion controls have been re-established.
The silt sediment containment fence needs to stay in place and maintained until the site is stabilized. B. Donovan mentioned sedimentation
entering the catch basin which is part of the town’s storm water system at the bottom of their property which leads to a brook and then to
wetlands. He mentioned installing and staking down hay bails on the downside of the silt sediment containment fence. B. Donovan asked for
a restoration plan in writing and he referred to Section 4 of the Zoning Regulations. Motion by D. Pomeroy, seconded by A. Havican to
approve the application from David Domenichini of 62 Royal Crest Drive for Earth Excavation more than 400 cubic yards with the conditions
that grass be planted this planting season and the silt sediment containment fence be maintained until the site is stabilized with permanent
vegetation. Discussion: Joe Sgro, 72 Royal Crest Drive expressed his concern regarding water runoff onto his driveway. Chairman Hiscox
asked the applicants to make sure there will be no additional runoff onto the Sgro’s driveway/property before installing top soil and stabilizing
the property. Unanimous.
Debra Rosa & David Santone Sr. – Additional Use at 69 Waterbury Rd. – Repossessed Vehicle Storage They plan on renting
some space in the rear of the building for short term storage of vehicles. There will be no boats, recreational vehicles or buses. They presented
the Commission with a site plan showing a separate gates area with solid vinyl fence in the front and a chain link fence with slats in the rear.
The Commission asked how the cars are brought onto the property. The applicants stated they are either driven in or towed. A car carrier
meets them in a commuter lot when the cars are being removed from the property. T. Galvin stated that he doesn’t feel Mr. Juliani has complied
with his original businesses site plan. He is also running a muffler shop with additional signage which has not been approved. The property
owner needs to apply for an additional use and the applicants need permission from the owner to apply before the Commission. The property
owner has to come in for the revision to the site plan.
Land Use Inspector’s Report:
Zoning Violations
1 Old Schoolhouse Road (Cease & Desist/ Amendment to Site Plan) B. Donovan mentioned the Commission’s request at the last
meeting to show both properties on one site plan. Mr. Diloreto and his attorney will be present at the next meeting. Chairman Hiscox
mentioned trucks being parked in front of the emergency access gates. There was general discussion.
B. Donovan mentioned Senor Panchos and a neighbors’ concern about the outdoor entertainment. D. Pomeroy stated that he did
question it when they approved the outdoor patio. A. Havican stated he questioned it as well. B. Donovan mentioned the sign at Senor
Panchos and the sign on Scott Road advertising an event at Senor Panchos. B. Donovan stated that he will ask them to remove both signs.
B. Donovan mentioned Toll Brothers asking about a clarification of the regulations. A couple buys one of the 55 and older units
where the husband is 55 and the wife is younger should the husband pass away, can the wife continue to live there? The Commission had
general discussion. They feel it is up to the association to monitor these types of issues. The Commission discussed their concerns.
Motion by A. Havican, seconded by G. Graveline to accept the Land Use Inspector’s Report. Unanimous.
Pubic Participation: none
Adjournment:
Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 8:30 p.m. Unanimous.
_______________________________
Robert Hiscox, Chairman