June 6, 2007
Chairman Hiscox called the meeting to order at 7:00 p.m. The meeting was taped.
J. Crumb was seated for G. Graveline. A. Delelle was seated for A. Havican.
Approval of Minutes:
Motion made by D. Pomeroy, seconded by A. Delelle to approve the minutes of the May 16, 2007 meeting. Unanimous.
Correspondence:
1.) College of Agriculture and Natural Resources Journal-Spring 2007
2.) Citizens News – Information Update
3.) Letter from neighbors of Industrial Park Re: Concerns
Chairman Hiscox asked B. Donovan to look into the complaints at the Industrial Park. They are in violation of their permit if there are
drop offs not during hours of operation. The Chairman also mentioned contacting the Police Department regarding the ATV issue. The
Commission has had concerns with this property in the past. The Chairman would like Mr. Lombard, the owner of the property, to be made
aware of the concerns the neighbors and the Commission has regarding these issues.
Motion made by J. Crumb, seconded by D. Pomeroy to accept the correspondence. Unanimous.
Public Participation: none
Old Business:
Regulations Revisions – General Discussion.
Public Hearing:
7:10 p.m. Thomas Marino, 26 Hydelor Avenue – Proposed Zone Change from Residential One Acre (R1A) to Business District
(B)Chairman Hiscox read the “Notice of Public Hearing” as it appeared in the Republican American on May 25, 2007 and June 1, 2007.
The Chairman noted a list of 11 signatures that was submitted stating their opposition to this proposed zone change. Tammy Berberat submitted
proof of notification to abutting property owners. Mrs. Berberat is representing her father, Thomas Marino, for this application.
Chairman Hiscox read a letter from Thomas Marino discussing his reasons why he feels this zone change is consistent with the plan for the
Town. Mrs. Berberat stated that the house is on the market. B. Donovan wanted to refer the Commission to page 203 entitled “Article 14
Zone Changes and Amendments”, which lists the standards when determining whether or not to approve a proposed zone change. Chairman
Hiscox asked for comments from the public: Mark Romanuk, Hydelor Avenue stated his main concern is with the site line for this property
on Route 68. He stated that he has been a fireman in Town for 30 years and this site line has been a problem in the past. This site line could
be a major problem in the future if this property is re-zoned to Business with access onto Route 68. Chairman Hiscox discussed the approval
process. If this property were changed to a commercial site, the entire site plan for any development would have to come to the Commission
for approval. There are multiple steps; the first step is to change the zone. Since this property is on a State road there are regulations for
road cuts that are above and beyond this Commission’s jurisdiction. The Commission’s decision is based on whether or not this zone change
corresponds to the regulations and the Plan of Conservation and Development. Barbara Esposito, 53 Union City Road stated that she lives
adjacent to this property. She feels that if this property was zoned Business there could be parking right next to her property. She doesn’t
find it feasible to change the zone. D. Pomeroy asked what the total square footage of the property is. Mrs. Berberat stated that it is 1.7
acres. T. Galvin asked if the building itself is in the buffer zone required between commercial and residential properties. B. Donovan stated
that the building was probably built after 1962 so it should conform to the setback regulations. Joe Mihaylo, 31 Hydelor Avenue likes the
fact that Hydelor Avenue is a quiet one way road and is concerned about the possibility of a business coming in. B. Donovan suggested not
closing the public hearing. He also reminded the Commission to review Article 14 which the Commission must abide by when making a
decision to change a zone. They must also make sure their decision will be consistent with the Plan. The public hearing was continued to
June 20, 2007 at 7:10
New Business:
Toll Brothers – Affordable Housing Component Atty. Fitzpatrick representing Toll Brothers stated that they did indicate
several times during the approval process that they were going to include an affordable component within the age restricted community
located at 120 Scott Road. This is not an affordable project; it is an age restricted community with an affordable component. Atty.
Fitzpatrick submitted an affordability plan with detailed criteria necessary for one to apply under the affordability standards. Atty.
Fitzpatrick has discussed this with B. Donovan and has reviewed the plan itself; the plan does conform to the Town’s regulations as
well as the standards of the Affordability Act. The affordable housing units are designated affordable for 40 years. There is a certification
process that attaches to the eligibility to purchase, lease, or resell. The standards are all set by HUD in terms of numbers that have to be
followed. One significant element of this plan aside from the eligibility criteria is who administers it. It is their sense that if the Town had a
housing authority this would fit nicely with the housing authority. He also mentioned possibly having the Land Use Inspector or his designee
handle the certification process. Atty. Fitzpatrick stated that from a practical perspective this process should stay within the Commissions’
realm. The Land Use Office will be provided with some forms that have been utilized to qualify people as eligible for these affordable units.
Chairman Hiscox stated his immediate reaction is that reviewing people’s financial status is out of the realm of the Land Use Office.
He feels this is outside the scope of anything they imagined the Land Use Inspector doing. T. Galvin stated the regulation
requires that a certain number of units be affordable housing units, this is to the Town’s benefit. D. Pomeroy asked if there is any Housin
Authority in the Town of Prospect. The Commission doesn’t think there is one. Attorney Fitzpatrick stated that the document provides that
the Planning and Zoning Commission has the right to enforce this if there is no compliance. Chairman Hiscox doesn’t feel that B. Donovan
should review financial applications in the Land Use Office. Chairman Hiscox mentioned having a discussion with the Mayors office regarding
what would be the best way for the Town to handle this. It should be carefully crafted with the Town Council and Mayor’s Office in terms of
how it should be done. Dan Walton from Toll Brothers stated that once an applicant has been certified they do not have to be re-certified
until the person attempts to sell or rent the affordable unit. D. Pomeroy asked how Toll Brothers is administrating this nationally. Dan
Walton stated that nationally the Towns have someone to do this. It is the Town’s best interest that they know what is going on; there is
usually a Housing Authority. The Town can possibly charge a fee for each application to cover the Town’s costs. There was general
discussion. B. Donovan stated that he agrees with the Commission being kept in the loop in terms of monitoring the sales of these affordable
units. The Commission discussed additional workload for current Town employees and whether or not the Town should have a Housing
Authority. The Commission discussed and determined that Article 5 of the Affordability Plan presented by Attorney Fitzpatrick should
read: The Town of Prospect or its Designee; as generic as possible. Dan Walton also mentioned a typo where it discussed standard s
pecifications. The affordable units will be identical on the outside but not the inside. T. Galvin asked if there are 5 or 6 phases in the
construction sequence. Dan Walton mentioned 5 phases. Chairman Hiscox asked if the law permits that the interior of the units can be
different for the affordable units. There was general Discussion. B. Donovan mentioned the permanent preservation easement submitted
by Dan Walton. The state requested that they preserve the two sites and give the Town the right to come in and look at it. There was
discussion on archeological sites.
Land Use Inspector’s Report:
Zoning Violations
1 Old Schoolhouse Road (Cease & Desist). Chairman Hiscox mentioned the site walk that took place on May 31, 2007. The
Commission did observe a lot of violations on the site. The site plan the Commission approved was in no way comparable to the site
conditions that they observed on the 31st except for the buildings. Mr. Diloreto, the owner of the property/business has been instructed to
re-submit a new site plan to the Commission. The Commission did receive a letter from the Fire Marshal requesting that the gate stay in
place for fire emergency access only.
Art Denze, 12 Southridge Road- Home Occupation violation (denied 10-19-05). B.
Donovan stated that a Cease & Desist was issued on May 30, 2007. The Town Attorney advised B. Donovan that he doesn’t issue an i
mmediate fine; issue the Cease & Desist first. B. Donovan stated that Arthur Denze called and stated that he did not put anything on the
internet; he doesn’t know how it got there. He is going to keep one inflatable at his home for his own personal use; everything else will be
removed. Mr. Denze also stated that he would find out who is putting the adds for his business on the internet and have then removed, as
well as the newspaper add. Chairman Hiscox stated it should made be clear to Mr. Denze that he is ultimately responsible for utilizing that
address and the Commission will continue to monitor it very closely.
B. Donovan mentioned a Cease & Desist issued regarding construction equipment being parked on Elaine Court and Roy Mountain
Road. B. Donovan also mentioned a complaint he received regarding “Sheriscapes” a Home Occupation Special Permit that this
Commission approved. The anonymous complaint was that materials are being delivered to the property and then being taken off site. A
letter was sent to the property owner asking her to comply with the permit approval.
Chairman Hiscox mentioned the canvas hut on Plank Road, the canvas hut behind Community School, the POD on Matthew Street
and the recreational trailer on the corner of Matthew Street and Route 68. B. Donovan stated that a letter was sent to the property owner
on the corner of Matthew Street and he hasn’t received a response yet.
Motion by T. Galvin, seconded by D. Pomeroy to accept the Land Use Inspector’s Report. Unanimous.
Pubic Participation:
Kimberly Tompkins, 10 Rozum Circle stated that she works in affordable housing. She made a suggestion that the Commission contact
the Department of Housing and Urban Development. She also mentioned contacting another town that doesn’t have a public housing
authority and see how they handle the affordable housing components of developments. She feels that Affordable Housing is a great
opportunity. She also mentioned her concerns with the Prospect Storage property on Industrial Road. She did make a phone call to the
owner John Lombard. He stated that the repossession business has been evicted. She also mentioned the ATV issue. She also asked what
the original hours of operation were approved for. There was general discussion regarding concerns and issues on this property. Chairman
Hiscox mentioned legal issues with restricting hours in an Industrial Zone. He also mentioned lighting concerns.
Mike Patulak, Highland Drive mentioned the affordable housing issues that were previously discussed and he feels that the Town is
fpossibly getting too large and it is time to get a financial advisor.
Adjournment:
Motion by T. Galvin, seconded by A. Delelle to adjourn the meeting at 8:52 p.m. Unanimous.
____________________________
Robert Hiscox, Chairman