Town of Prospect-Boards & Commissions

Planning & Zoning Commission

Approved Minutes

February 21, 2007

Members Present: Robert Hiscox, Al Havican, Tom Galvin, and Gil Graveline.
Alternates Present: Jack Crumb
Others Present:Bill Donovan, Land Use Inspector
Members Absent: Don Pomeroy & Al Delelle (alt.)

Chairman Robert Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.

J. Crumb was seated for D. Pomeroy.

Approval of Minutes:
Motion by T. Galvin, seconded by G. Graveline to approve the minutes of the February 7, 2007 meeting as amended. Unanimous.

Correspondence:
1.) Land Use Forum April 30, 2007
2.) Letter from Atty. Hecht Re: Mallinson 246 New Haven Road
3.) Letter from Atty. McGrath requesting 90 day extension of time to record the Mylar for Summit Heights Subdivision
4.) College of Agriculture and Natural Resources Journal Winter 2007

Motion by G. Graveline, seconded by A. Havican to grant a second 90 day extension on the time limit for recording the subdivision Mylar map for Summit Heights Subdivision. Unanimous

Motion by A. Havican, seconded by G. Graveline to accept the correspondence. Unanimous.

Motion by T. Galvin, seconded by G. Graveline to approve the 2007-2008 Planning & Zoning budget as submitted to the Mayor. Unanimous.

Public Participation: none

New Business:

  • Robert Berardi, 7 Meadow Lane – Home Occupation Special Permit for an office for a remodeling business.
    Mr. Berardi stated that the only vehicles on the property will be his own personal vehicles. He stated that there is one employee other than himself. There will be no outside storage of materials and no customers will be coming to the home. There will also be no signage. Motion by A. Havican, seconded by G. Graveline to accept the application submitted by Robert Berardi, 7 Meadow Lane for a Home Occupation Special Permit for an office for a remodeling business and set the public hearing for March 7, 2007 at 7:10 p.m. Unanimous.
  • >Christopher & Nefra Wihbey, 9 Old Schoolhouse Road-Amendment to Site Plan Dennis Sullivan is representing, Chris Wihbey, the applicant. B. Donovan mentioned the concern with the proper amount of required parking for the added square footage of the second story addition. Mr. Sullivan stated that according to the regulations they are required to have 22 parking spaces and they currently have 31. The Commission asked the applicant to submit a formal site plan showing lighting, plantings etc.

    Old Business: none

    Public Hearings:

  • 7:10 p.m. Mary-Lou Cappella, 60 Scott Road – Amendment to Regulations Article 3-Uses by District – Add Refuse Removal Service under Industrial Zone. Chairman Hiscox read entire “Notice of Public Hearings” as it appeared in the Republican American on February 9th & 16th 2007. The Commission also received a letter of consent from the resident property owner allowing Mary-Lou Cappella to apply for this amendment. The Commission discussed the definition of Rubbish Removal Service as submitted by Ms. Cappella. Ms. Cappella stated that the containers are empty at all times when stored on the property. Chairman Hiscox read into the record the proposed definition: “Rubbish Removal Service: A private business that utilizes roll-off portable containers for off site containment and transferring of bulky materials such as construction debris, household furniture, lumber, metal, etc, from a private or public property to a municipal landfill for disposal, or to a private business for recycling.” Chairman Hiscox stated that the Commission wants assurance that any Rubbish Removal Service that is approved has no material stored on the Industrial Property. All containers that are stored on the property should be empty and free of debris. No offsite debris should be brought to the site of any approved Rubbish Removal Service. Chairman Hiscox stated that a note of that sort should be added to the regulations. This application applies to any Industrial property in town. The number of containers allowed would be specific to that lot and size of the lot. Chairman Hiscox asked for comments from the public: Doug Gokey of Timber Hill Lane wants the Commission to take a close look at this type of business being allowed in town. Mr. Gokey expressed his concerns about traffic on Scott Road. He feels that these dumpsters are unsightly and that this type of business stores hazardous materials such as roof shingles. Mary Lamour of 8 Scott Road also expressed her concerns with traffic on Scott Road. She is not in favor of this application. Bob Tomaiolo, of 67 Scott Road discussed his concerns with this type of business. He also mentioned his concerns with Quality Hardwood at 80-84 Scott Road and the hours of operation etc. He is not in favor of this type of business across from Residential properties.Michelle Vitti of 52 Scott Road discussed her concerns with the Industrial property across from Residential property. She also discussed her concerns with Quality Hardwood as well as traffic and safety concerns. Chairman Hiscox mentioned his concern about multiple uses on one lot. The application also does not specify what Industrial 1 or Industrial 2. The Commission needs to review the intent of both the Industrial One District and Industrial Two District. The Commission should also look at the potential of hazardous waste with this type of business and whether or not this type of business is conducive to the Plan of Conservation and Development. Motion by T. Galvin, seconded by G. Graveline to close the public hearing for an amendment to the regulations submitted by Mary-Lou Cappella to add Rubbish Removal Service under Article 3 Uses by District under Industrial Zone. Unanimous.

    7:20 p.m. LTF Builders, LLC – 25 lot Subdivision at 157A Summit Road (continued from 2-7-07) A Site walk was conducted on the property on February 10, 2007 at 1:00 p.m. Chairman Hiscox read a letter from the Prospect Land Trust dated Feb. 18th, 2007 discussing their intent to acquire the open space as depicted in the engineered drawings. Chairman Hiscox also noted the Inland Wetlands Commission letter of approval from William Donovan. Attorney Warren Hess is representing the applicant. Chairman Hiscox asked what the total acreage is. Roland Desrosier, engineer for the applicant stated that the total acreage is 51.63 acres. The total area of open space is 9.83 acres. The total acreage of open space that is not wetlands is 5.67 acres plus 6,000 sq. ft. Chairman Hiscox asked if the open space touches adjacent property #215 Summit Road. Roland Desrosier stated yes it does. The decision with regard to where the roads will go will impact the open space. Atty. Hess mentioned road configuration. He discussed the options for the configuration of the road. The Commission wants to plan the best they can to develop the lots on Summit Road and limit connective roads on Summit Road. Chairman Hiscox asked for comments from the public: Robert Capanna of 23 Luke Street suggests the shorter loop connecting to the abutting “Summit Heights” Subdivision. The Commission discussed different ways of connecting the roads and various options to connect roads to different lots. Roland Desrosier discussed the proposed road and location of the cul-de-sac. Robert Capanna discussed his concerns with the contours and wetlands with connecting the road with the longer loop. Chairman Hiscox is more concerned with making sure that inter-connectiveness of lots is provided. The Chairman proposed for discussion considering an access way to the Pavlik property at 165 Summit Road. The Commission also discussed rear lots and connecting to the lots on the Cheshire side. Chairman Hiscox asked is it feasible to go onto the Pavlik lot and develop those back lots without additional access onto Summit Road. The Commission reviewed a topographic map showing a concept for future roads on adjacent properties. Ann Stein of 22 Cook Road discussed the proposed open space. Chairman Hiscox stated that it is a long term goal of this Commission to look at how open space connects to all future development. The integrity of the long term open space plan is at the top of the Commissions’ list. Rich Pavlik of 163 Summit Road asked if the developer took into consideration the well on Lot 1 which may conflict with an approved septic system at 163 Summit Road. Fred Burger mentioned the same concerns with his lot and Lot 1. Barbara Clark mentioned possible development on her non-conforming lot that previously had a house that burnt down. G. Graveline stated that he likes the idea of connecting all of these large properties. He also likes the idea of connecting to the Summit Heights Subdivision at that cul-de-sac. He doesn’t see any possible way of coming through to the smaller lots to the north. T. Galvin stated that he would like to see the shorter loop and leave a 50 foot right of way connecting north for the future. A. Havican stated that he agrees with T. Galvin. Chairman Hiscox stated that if the Commission goes with the lower loop and the cul-de-sac is pulled back what impact does that have on the 3 back lots (23,24 & 25). Roland Desrosier presented the Commission with a plan showing the length of the driveways. It is possible to move the houses so that the 3 driveways comply with the 500 feet maximum length allowed. Chairman Hiscox stated that he disagrees with granting waivers for driveways longer than 500 feet to place houses where maybe they shouldn’t be developed, whether it is to avoid wetlands or not. The intent was to avoid situations where there are extended driveways. The Commission’s consensus is to have Mikayla Lane extend to the abutting Miller property adjacent to Lots 22 and 25. The driveways for Lots 23 and 24 need to be shortened to satisfy the 500 foot maximum length requirement, which may require new locations (or elimination) of proposed houses on these lots. Also, the Commission wants to further investigate having future road access to those properties on the Cheshire or north side of this development. The Public Hearing was continued to March 7th, 2007 at 7:15 p.m. The Commission received a letter from Attorney Hess granting a 35 day extension of time to continue the public hearing. Motion by A. Havican, seconded by G. Graveline acknowledging a 35 day extension of time to continue the public hearing for LTF Builders, LLC-25 lot subdivision, “Woodmont Estates”. Unanimous.

    New Business: (continued)

  • Regulations review/ editing/ revisions: B. Donovan wanted to discuss a map with the Commission that shows the approximately 106 properties that would be affected if the Commission decided to change all parcels in the Public Water Supply Watershed that are 2 acres or more to Residential Two Acre (R2A). The Town Attorney has mentioned in the past that this could be considered spot zoning. B. Donovan also mentioned letter from Mayor Chatfield requesting that the Commission review the site line regulation for new streets and also make a notation in the regulations for the Street Excavation and Obstruction Ordinance. B. Donovan also mentioned a memo he submitted discussing collecting all engineering fees as estimated by consultants from developers before the actual application is submitted.

    Land Use Inspector’s Report:

  • Zoning Violations
  • Quality Hardwood, 80-84 Scott Road – Review of Special Permit. The owner’s of Quality Hardwood were sent a letter asking them to either contact B. Donovan or come to tonight’s Planning & Zoning meeting. There still is not a bond in place. The Commission asked B. Donovan to issue a Cease & Desist for violation of their Special Permit. B. Donovan read the letter that will be sent to the owners of Quality Hardwood regarding a DEP permit that is required for their operation. Chairman Hiscox would like B. Donovan to contact the DEP on behalf of the Prospect Planning & Zoning Commission requesting them to come take a look at the site and the violations.
  • Chairman Hiscox mentioned a canvas hut at 2 Nancy Mae Ave. that needs to be removed.

    Motion by A. Havican, seconded by T. Galvin to accept the Land Use Inspector’s Report. Unanimous.

    Public Participation: none

    Adjournment:

    Motion by A. Havican, seconded by T. Galvin to adjourn at 9:36 p.m. Unanimous.

    Robert Hiscox

    Robert Hiscox, Chairman