P&Z Minutes - October 17, 2007

Planning & Zoning

October 17, 2007

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

Members Present: Robert Hiscox, Gil Graveline (7:04 p.m.), Tom Galvin and Al Havican

Alternates Present: Jack Crumb, Al Delelle and Greg Ploski

Others Present: Bill Donovan, Land Use Inspector

Members Absent: Don Pomeroy

G. Ploski was seated for D. Pomeroy. J. Crumb was seated for G. Graveline. (G. Graveline arrived at 7:04 p.m. consequently J. Crumb was removed from his seat.

Approval of Minutes:
Motion by A. Havican, seconded by T. Galvin to approve the minutes of the October 2, 2007 meeting. Unanimous.

Correspondence:
1.) Council of Governments – Notice Re: Presenting Draft Regional Plan to the Commission.

Motion by T. Galvin, seconded by G. Ploski to accept the correspondence. Unanimous.

Public Participation:
Gene McCarthy, Assistant Director of Public Works, 22 Lee Road. Mr. McCarthy referred to the September 19th 2007 meeting and the discussion on the common driveway at 64 and 66 Smokerise Circle. He listened to the tape of that meeting and is extremely upset; he feels the Commission has done him a disservice. Mr. McCarthy outlined a time line of events and persons involved when the issue of this common driveway came about. Mr. McCarthy stated he worked out a drainage scheme on the driveway to alleviate the drainage issue. According to Mr. McCarthy, at the September 19th, 2007 meeting Larry Beausoleil stated that he approved the common driveway. Gene strongly denied that statement. He stated he never worked with Larry on the drainage issue but did work with Larry’s father Rowland Beausoleil who was the developer. The lot in question and its driveway was built in 1993. Other than checking the grading on the site plan for drainage and requiring added drainage fixtures, he had nothing else to do with the driveways. There was a driveway shown on the site plan and Clarence Schiller, who was the Land Use Inspector at this time, would’ve dealt with the second driveway. Gene was asked by a local realtor if he remembered the events involved with these two driveways. Bill Donovan also asked Gene for background. Gene stated the Commission made an agreement with the attorney that would prevent the need to cut down any trees by leaving the one common driveway as is. Gene stated his name was thrown around a few times throughout the discussion. He feels the Commission should’ve tabled making any decision and ask for his attendance to further discuss this. He mentioned an easement filed in the land records that did not go through the Land Use Office that gives access rights for both properties over the one common driveway. He feels that B. Donovan should have spoken up when asked for comments and mentioned the previous discussion Bill had with Gene to clarify things. Gene has been in this position for 31 years and he doesn’t want to have his name dragged through the mud. He requested a letter of apology from the Commission and a retraction of all the comments on tape. G. Graveline stated he was not at the September 19th meeting and asked for clarification on where the lots and driveways are.

Christine Hinckley, 471 Matthew Street asked the Commission what the height restriction is on a residential building in Prospect. R. Hiscox stated the height restriction is 35 feet. Mrs. Hinckley asked how that is measured. R. Hiscox stated typically they take an average of all sides. This has been the practice and interpretation the Commission has made of this regulation. Mrs. Hinckley asked B. Donovan to measure the height of her neighbor’s house. She was told that Mr. Donovan and Mr. Scarpati did not measure they went out on the property and guessed. B. Donovan stated the height restriction is more for a safety issue for fire truck access. Christine Hinckley also questioned the maximum floor height of a residential home. The regulation states the maximum floor height is 21 feet. The Commission discussed this and they feel there can be a 3 story residential home and still meet the regulations. Chairman Hiscox stated if there is a house being built that does not meet the regulations they should not receive a Certificate of Occupancy. T. Galvin stated this may be something the Commission wants to look into since they are in the process of revising the regulations. B. Donovan stated he and B. Scarpati went out and there is a point at the house in question that is approximately 38 feet high and another point that is approximately 24 feet high. R. Hiscox stated if the home has already been issued a Certificate of Occupancy the owner of the home should be directed to apply for a variance before the Zoning Board of Appeals. R. Hiscox stated the regulation should be clearly defined regarding how the height of a home is measured. G. Graveline mentioned having a sheet with different scenarios on how a building should be measured.

Roger Allen, President of the Prospect Cemetery Association asked to relocate the driveway on the site plan for an approved cemetery at 166 Union City Road. Mr. Allen submitted a new site plan with the amended driveway. He feels it is a more feasible use of the property for funerals than what was originally proposed. Mr. Allen met with the DOT and they have approval to install 3 culverts on Route 68. The cemetery is going to be developed in three phases with a cull de sac at the end of the driveway at each phase. The Commission discussed the radius of a cull de sac to ensure cars can make a turn-around without having to back out onto Route 68.

Motion by A. Havican, seconded by G. Graveline to approve the adjusted driveway on the site plan for the cemetery at 166 Union City Road with the understanding that they will file a final site plan with the Land Use Office showing a final permanent cull de sac at the end with the appropriate turning radius. Unanimous.

Jim Kollocinaku owner of 22 Union City Road wanted to discuss a drainage issue he has with his neighbor at 1 Old Schoolhouse Road. Mr. Diloreto, owner of 1 Old Schoolhouse Road and Prospect Towing, built two garages and designed the drainage to go into Jim’s property. Jim submitted pictures to the Commission. The property was level at first and Jim installed a stone wall to protect his property. Mr. Diloreto raised his property every time Jim was raising his wall. Jim presented the Commission with a DVD which shows the water runoff draining directly onto Jim’s property. Mr. Diloreto backfilled to the wall located on Jim’s property and is parking large trucks on the fill behind the wall. Jim stated the wall is not designed for large truck storage. R. Hiscox stated the Commission has a history of frustration with the 1 Old Schoolhouse Road property. A Cease & Desist was issued over 6 months ago. Chairman Hiscox directed B. Donovan to call the property owner, attorney and the engineer and tell them the Commission expects to see the appropriate remediation plan for the property, to restore it back to the way it should be and remove any fill that has been illegally placed on the neighbors property no later than the next meeting or a fine commences immediately. T. Galvin stated that he is not sure the Commission has the authority to direct someone to do work on property they do not own.

Steve Sackter, 192 Cook Road, mentioned a September 30th newspaper ad advertising Country Hills Estates as the “Newest Gated Subdivision”. Mr. Sackter asked for clarification. B. Donovan stated he spoke with Reggie Finno, the developer, and he stated there are no gates. R. Hiscox stated it is not a gated community it has public roads and part of the land at the very end of the final cull de sac will have public access to Town owned property.

Marie Kluge, 15 Kluge Road wanted to request a formal change to Section 4.8.1.3 which requires a 1500 foot separating distance between auto service or repair stations. R. Hiscox stated there are two ways to do this. Ms. Kluge can formally ask the Commission to consider this as part of the proposed regulatory changes or she can submit the appropriate application and fees and have a separate public hearing etc. Ms. Kluge submitted a petition dated Oct. 10th, 2007 requesting a formal change of Section 4.8.1.3 with 48 signatures. R. Hiscox stated the Commission will consider this petition as input into the Commission’s proposed regulation changes. Ms. Kluge also stated she spoke with the Water Company regarding Residential One Acre versus Residential Two Acre. She also mentioned a discrepancy between the Town’s watershed map and Chesprocott’s watershed map. She would appreciate the Commissions regarding consideration of this two acre zoning.

Old Business:

  • Regulations Revisions – General Discussion

    • Public Hearings: none

    New Business:

  • Gary Zimyeski, 99 Union City Road – Industrial Subdivision – He is representing his sisters on a proposed industrial subdivision of 31 acres in Prospect Industrial Center. He would like to show the Commission a preliminary plan. He spoke with B. Donovan and G. Ploski who abuts the property and they’ve come up with some ideas. Mr. Zimyeski feels this is a low impact design because the property is in an Aquifer Protection Area. They are proposing a four lot subdivision. B. Donovan was concerned about a rear lot behind a rear lot. R. Hiscox stated subdividing industrial land is new to this Commission. R. Hiscox mentioned a road instead of two access ways. B. Donovan stated the two 25 foot strips side by side may be better than building another road for the Town to maintain. Mr. Zimyeski is proposing the driveways have a paved apron and the rest would be gravel to avoid more impervious surfaces. R. Hiscox suggested considering a single access serving four lots. G. Graveline stated he feels that a single entrance is a good idea. The Commission has the right to waive specific subdivision regulations. R. Hiscox stated the Commission needs to take a serious look into this. B. Donovan mentioned the 100 foot buffer area required along the residential properties. Each lot has to apply for individual site plan approval if this subdivision is approved.

  • Jim Juliani, 69 Waterbury Road – Amendment to Site Plan & Additional Use for Repossessed Vehicle Storage Mr. Juliani was not in attendance.

    • Land Use Inspector’s Report:

  • Zoning Violations:
    • 1 Old Schoolhouse Road (Cease & Desist/ Amendment to Site Plan)-The Commission received a letter from Atty. Zailckas stating they are unable to attend tonight’s meeting; the engineered plans will not be ready until the November 7,2007 meeting.
    • Williams Drive - Unsightly Material-B. Donovan stated he is meeting with the property owner next week. They are going to go through each item that may be in violation on the property. At the next meeting he will have a better idea of exactly what the violations are.
    • Tri-Axle Truck – Matthew Street- R. Hiscox stated the truck was on the property October 5th but he has not seen it since then. B. Donovan stated he spoke with Mr. Dizzino, the property owner. He also spoke with the Town Attorney and she said if the Commission feels the violation has changed at all they should start the process again. R. Hiscox stated the violation has always been a commercial vehicle in a residential zone. If it appears again an immediate fine should be issued.
    • Senor Panchos, sandwich board sign- B. Donovan stated a letter was sent out but the sign is still up. He will follow up with a phone call to Mr. Adames.
    • T. Galvin mentioned he attended a meeting with the Chamber and spoke with them regarding the proposed regulation changes. Their largest complaint was about the sandwich board signs. The Chamber asked if the Commission would consider holding another workshop to discuss businesses and signage etc. and they would make sure to contact all the businesses owners and make them aware of the meeting. A Special Meeting – Workshop was scheduled for November 14, 2007 at 7:00 p.m.
    • J. Crumb asked for clarification on Sandwich Board signs and what is allowed. There was general discussion on the pharmacy window sign at Pond Place building.
    • T. Galvin mentioned 500 foot driveway requirement. He and G. Ploski spoke to the Fire Marshal and he stated that the old pump could not deliver pressured water more than 500 feet but he is going to look into the specifications on the newer pump.
    • B. Donovan mentioned J&J Liquor relocating across the street to Mark Guastaferri’s new building. In the regulations a package store has to be a minimum of 1,000 feet from a park or playground etc. Although they are moving further away from Hotchkiss Field than their current location and reducing the non-conformity they are being asked to apply to the Zoning Board of Appeals for a variance. B. Donovan called the State Liquor Commission and they stated there are no State requirements for distances between package stores etc. but there is an ordinance which limits the number of package stores in a town based on the population. Each Town is allowed 1 licensed package store for every 2,500 people. The State goes by the 2005 census which has Prospect’s population at 8,707; therefore, Prospect is allowed 3 liquor stores. B. Donovan wanted to mention this for their information. R. Hiscox stated there should be some official action on this matter.

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

    Public Participation: none

    B. Donovan mentioned addressing Gene McCarthy’s request for a written apology regarding the driveways issue on Smokerise Circle. . R. Hiscox stated he does not see a need to respond to Gene’s request. He feels this is being more read into than needed. The Commission did not mean any ill will towards Gene McCarthy. Something was done in the past and he believes the Commission acted in the best interest of both property owners to resolve a problem than came about because of misunderstandings that took place 20 years ago. The Commission came to a conclusion that a mistake of some sort was made, it surfaced now and they corrected it the best way they could. R. Hiscox stated he sees no need for any member of the Commission to apologize for the action they took. He feels that Gene may have misinterpreted the discussion that took place.

    Adjournment:
    Motion by A. Havican, seconded by T. Galvin to adjourn the meeting at 9:19 p.m. Unanimous.

    Robert Hiscox, Chairman