July 18, 2007
Tom Galvin, Acting Chairman called the meeting to order at 7:00 p.m. The meeting was taped.
Members Present: Don Pomeroy, Al Havican, Tom Galvin
Alternates Present: Al Delelle
Others Present: Bill Donovan, Land Use Inspector
Members Absent: Robert Hiscox, Gil Graveline, Jack Crumb (alt.)
Al Delelle was seated for Robert Hiscox.
Approval of Minutes:
Motion by D. Pomeroy, seconded by A. Havican to approve the June 20, 2007 minutes. Unanimous.
Correspondence:
1.) Letter from O&G Re: Security Status-Incident Report for Jan 1 – June 2007.
2.) Letter from Jane Fowler Re: Recommendation on amendment to regulations.
3.) Letter from Mark Capanna Re: Bond Reduction-Summit Heights Subdivision.
4.) Letter from Toll Brothers Re: Recommendation on amendment to regulations.
Summit Heights Subdivision, 145, 145A & 147 Summit Road. Request for partial release of Site Improvement Bond.
Motion by A. Havican, seconded by A. Delelle to approve the partial release of the Site Improvement Bond for Summit Heights Subdivision,
145, 145A, & 147 Summit Road, in the amount of $150,000.00. Unanimous.
Motion by A. Havican, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation:
Anthony Sharkey, 9 Lombard Drive discussed his concerns that there is a business being conducted out of his neighbor’s property
at 13 Lombard Drive. Robert Rek, his neighbor, conducts bear carving activities on his property. Mr. Sharkey submitted pictures showing
some of the trees that were cut down, the tools Mr. Rek uses to carve these statues and the entrance on Route 69 where Mr. Rek lines the
finished carvings on the road. Mr. Sharkey read a list of his concerns into the record and also submitted that list to the Commission. Mr.
Sharkey stated he has seen Mr. Rek leave his property with the carvings in his truck and when he arrives back at his home the truck is empty.
Mr. Sharkey also submitted an article from the May 21, 2007 Republican American showing Mr. Rek with his bears at an artisan’s function
on the green where it states the price range Mr. Rek sells his carvings for. Mr. Sharkey stated he also contacted the police regarding the noise
from the chainsaw etc. and they said they can’t do anything about the noise unless Mr. Rek is making the noise after 9 or 10 p.m. Mr. Sharkey
stated that if Mr. Rek were to apply to the Commission for a permit for these activities he would be adamantly opposed to it.
Robert Rek, 13 Lombard Drive stated that he has a full time job and is conducting these carving activities for a hobby only. Mr.
Rek submitted a letter from the Prospect Congregational Church thanking Mr. Rek for displaying his hobby pieces at the Annual Artisans on
the Hill and also thanking him for the donation. Mr. Rek stated that he moved his carvings to the bottom of the hill towards Route 69 in order
to decrease the amount of noise the best he could. He also does a burning technique with a propane torch. He stated he asked the Fire Chief
if it was an issue and he said it wasn’t because there is really not a lot of smoke coming from the charring process. T. Galvin stated that the
Commission and B. Donovan will look into this matter.
Ed Rek, 33 Rek Lane, Bob Rek’s Uncle, stated that Bob is doing this as a hobby and he is not aware of any receipts Bob has received
from selling these carvings.
Henrietta Petruccelli, 18 Lombard Drive stated she feels the noise level is really bad from these carving activities. She does not know if
Mr. Rek sells these carvings nor does she care; she is just concerned about the noise.
Public Hearings: none
New Business:
David Domenichini, 62 Royal Crest Drive-Earth Excavation-More than 400 cubic yards.
Elisa Domenichini stated they did some tree clearing and excavation on their property in order to clear an area and make it a level
piece of land. There was a lot of earth moved but the soil that was moved was used to fill the slope and make the property level. The only
material that was removed from the property was rocks and tree stumps. B. Donovan referred to Section 4.11.2.2 (2) that specifies any earth
excavation and or regrading activities that disturb more than 400 cubic yards of earthen material requires a Zoning Permit from the
Planning & Zoning Commission. B. Donovan also mentioned the need to put in appropriate erosion control measures and stabilize the
site as soon as possible to avoid the disturbed soils from eroding out onto Royal Crest Drive. D. Pomeroy asked if they’ve created a larger
or steeper slope than before and is there any danger or possibility for other erosion problems. Mrs. Domenichini stated that in the back it is
a little steeper now. D. Pomeroy stated his concern regarding stabilizing the slopes. B. Donovan stated that the project is pretty well
complete at this point; the issue is really how it will be stabilized.
D. Pomeroy left the meeting at 7:31 p.m.
Joe Sgro, 72 Royal Crest Drive, discussed his concerns with water runoff coming from the Domenichini property He stated that
the property slopes down towards his driveway and he is worried about future runoff onto his property and driveway resulting from the large
area disturbed.
B. Donovan asked Mrs. Domenichini if her contractor is addressing drainage issues. Mrs. Domenichini stated they’ve built a wall alongside
the property with the rocks that were found when doing the excavating. B. Donovan stated that it looks like a new drain pipe has been
installed that discharges near the neighbor’s property. If so this would be a violation of the building code. T. Galvin stated that the
Commission will look into this and try to get a solution.
Motion by A. Delelle, seconded by A Havican to accept the application from David Domenichini of 62 Royal Crest Drive for
Earth Excavation and disturbance of more than 400 cubic yards. Unanimous.
Debra Rosa & David Santone Sr.- Additional Use at 69 Waterbury Road - Repossessed Vehicle Storage
The applicants were not in attendance.
Land Use Inspector’s Report:
Zoning Violations
Prospect Towing - 1 Old Schoolhouse Road (Cease & Desist/ Amendment to Site Plan). Atty. Patrick Zailckas, representing
Dominic, Franco and Ed Diloreto stated he met with B. Donovan yesterday to discuss the site plan. They discussed the revisions to the site
plan and attempted to clarify what details need to be added and changed. They also discussed various parking issues as well as signage.
Atty. Zailckas mentioned the gasoline delivery truck that has more room to turn in the parking lot at 20 Union City Road if the fence remains
at the current location. B. Donovan presented the Commission with pictures of the gas truck turning around in the property today, showing
the need for the fence to remain where it is. At this point they are working on getting site plans that properly illustrate what they would like to amend the site
plan to for 1 Old Schoolhouse Road. B. Donovan also mentioned they should propose an amendment to the site plan for 20 Union City Road
showing the removal of the fence along their property line. Atty. Zailckas stated that by the August 15, 2007 meeting the engineer will have
completed site plans and they will file applications for an amendment to both sites. T. Galvin stated the Commission has had concerns over
the years about the appearance of both properties. B. Donovan mentioned a reciprocal easement that would allow perpetual access for both
property owners to have the same rights and use of a portion of both properties. Atty. Zailckas mentioned employee parking in the rear of
the property at 20 Union City Road as well as signage restricting parking in that area. B. Donovan discussed possible concerns on the amount
of parking spaces. T. Galvin stated he does like the diagonal parking shown in the back of the property and he feels they are moving in the
right direction. Mr. Diloreto stated that the fuel truck delivers approximately twice a week. The Commission mentioned putting both
properties on the same site plan for clarification.
Regulations Revisions – General Discussion
B. Donovan submitted and discussed a list of further proposed amendments to the Zoning and Subdivision Regulations the Commission
should consider. B. Donovan also mentioned a list of recent amendments since the July 1, 2004 regulations. T. Galvin mentioned the
additional correspondence from Jane Fowler and Toll Brothers recommending amendments as well. B. Donovan stated his goal is to have
these amendments finalized and approved by the end of this calendar year.
Motion by A. Havican, seconded by A. Delelle to accept the Land Use Inspector’s Report. Unanimous.
Public Participation: none
Adjournment:
Motion by A. Havican, seconded by A. Delelle to adjourn the meeting at 8:24 p.m. Unanimous.
____________________________
Robert Hiscox, Chairman