March 19, 2008
Chairman Hiscox called the meeting to order at 7:05 p.m. The meeting was taped.
Members Present: Robert Hiscox, Al Delelle, Greg Ploski, Al Havican
Alternates Present: Jack Crumb, Ed Miller
Absent: Donald Pomeroy, G. Graveline (alt)
Also Present: Bill Donovan, Clerk/Land Use Inspector
Chairman Hiscox seated Jack Crumb for D. Pomeroy.
Approval of Minutes: Motion by A. Delelle, seconded by G. Ploski to approve the March 5, 2008 minutes, as amended. Unanimous.
Correspondence: None
Public Participation: None
Old Business:
a. Chris and Whitney Caporaso, 176 Straitsville Road. Special Permit application to construct greenhouses for commercial plant propagation on residential property. (Public Hearing closed March 5th). B. Donovan presented a “Draft Special Permit Resolution of Approval” for review and discussion. Chairman Hiscox stated he does not want any retail sales taking place of any produce or flowers grown in the greenhouses or elsewhere on the property. He referred to a petition signed by neighbors requesting a condition that would require the greenhouses be dismantled if the business ceases. The Chairman felt that if the property sold and the new owner wanted to continue with the commercial plant propagation business that he should be allowed to do so, utilizing the greenhouses, provided a new Special Permit is approved. Otherwise, the greenhouses are to be dismantled. On the matter of parking commercial vehicles on the property, it was agreed there is to be no extended parking (overnight as an example) of any commercial vehicles on the property, whether it is for this or other commercial businesses the Caporasos might be involved with. The chairman also mentioned that screening would be by fence or as mutually agreed upon with neighbors. G. Ploski asked about the lighting. He asked if any security lighting is being proposed. Mr. Caporaso stated not at this time. The commission discussed placing a bond as a condition of the Special Permit and agreed this was not necessary. The Chairman mentioned the existing poor condition of Porter Hill Road and parking on Porter Hill Road and wants both the Mayor and Public Works to be made aware of the commission’s observations and neighbor’s concerns. It was again mentioned that all truck traffic and other non-family-owned vehicles associated with the business must utilize only the proposed gravel driveway shown on the applicant’s Site Plan. The commission acknowledged Mr. Caporaso will utilize his own pick-up truck for both business needs and personal use, and will be utilizing Porter Hill Road and his detached garage on Porter Hill Road for personal use. G. Ploski stressed the commission did appreciate the comments and concerns received from resident neighbors during the public hearings and took those statements into consideration in the discussion of this Special Permit approval. With no further discussion, Motion by G. Ploski, seconded by A. Havican to approve the “Draft Special Permit Resolution of Approval” as presented and as further amended under discussion. In favor: Unanimous. Note: Item 9 on the approved “Special Permit Resolution of Approval” states “In granting this Special Permit, the Planning & Zoning Commission of the Town of Prospect wishes to state upon the record that in the Commission’s judgment, the subject project complies with the criteria set forth under Section 12.10 Special Findings of the Prospect Zoning Regulations”.
b. Regulations Revisions (General Revisions): Commissioners reviewed several issues to be considered during the Public Hearings including signage, limiting size of greenhouses on residential properties and W.P.C.A. comments. The initial pubic hearing will be for technical changes to the zoning regulations. Subdivision regulations revisions and proposed amendments to the zoning map will follow concurrently. A Motion by A. Havican, seconded by G. Ploski for a public hearing on regulations revisions to be held on April 2nd beginning at 7:30 p.m. was voted Unanimous.
Public Hearings:
a. 7:15 p.m. Domenic & Franca Diloreto, 1 Old Schoolhouse Road. Amendments to Special Permit for an Auto & Truck Sales Area & Store, including Repairs (continued from March 5th). Neither the applicants nor their attorney were present. Chairman Hiscox asked for general comments from the commission. The Chairman mentioned his preference to designate the triangular-shaped easement on 20 Union City Road as a turn-around zone for the gasoline trucks exiting from 20 Union City Road, but not for business use at 1 Old Schoolhouse Road. He mentioned parking violations now occurring at 1 Old Schoolhouse Road. Also that Mr. Diloreto needs to provide documentation showing that the tow truck being parked at his residence on Cook Road meets the regulations’ truck weight limits.
New Business: Motion by A. Havican, seconded by A. Delelle to add American General Investors, LLC, 50 Melissa Lane. to the agenda. In favor: Unanimous.
a. American General Investors, LLC, 50 Melissa Lane. Application for a 2-lot re-subdivision. David Carson of O.C.C. Design Consortium represented the applicant. Mr. Carson described this 2-acre parcel as Lot 85 of the earlier “Matthew Hills South” subdivision. The parcel was originally proposed for 2 lots, but later combined into the current one-lot because they could not find suitable locations for septic systems. Mr. Carson has since performed extensive soils investigations and has located 2 sites suitable for septic systems. A March 18, 2008 letter from Chesprocott Health District placed into the record confirms Mr. Carson’s statements. Mr. Carson also stated they are currently before Inland Wetlands and expect approval at the March 24th meeting. Commissioners questioned whether “open space” applies to this re-subdivision. If required, a fee rather than land acquisition would be requested. Motion by G. Ploski, seconded by A. Delelle to accept this application and set a public hearing for April 2, 2008 at 7:05 p.m. Unanimous.
Land Use Inspector’s Report: Bill Donovan reported sending a Cease & Desist order to 15 Blue Trail Drive for operating a commercial towing business without permit authorization. Chairman Hiscox asked about other violations. B. Donovan stated he received a call from the owner at 143 Straitsville Road saying they will be removing that canvas structure. He has not heard as yet from residents at 10 Coachlight Circle concerning their canvas structure. The Chairman mentioned another canvas hut on Candee Road that Bill should look into. The Chairman asked if the Town Attorney was reviewing legal issues relative to the Diloreto Special Permit amendments as requested by the Commission. Bill stated she will have a written opinion letter available for the April 2nd meeting. Motion by G Ploski, seconded by A. Delelle to accept Bill’s report. Unanimous.
Public Participation: Marie Kluge, 15 Kluge Road asked what technical changes to the zoning regulations are being proposed. B. Donovan stated he will mail Marie a copy of the proposed changes to review prior to the public hearing. Greg Ploski, 114 Clark Hill Road stated he and others have purchased the 31-acre Industrial parcel at 99 Union City Road and are planning to remove certain trees on the property. The majority of the trees to be removed will be in the center of the property. B. Donovan asked if any trees would be harvested in the 100-foot buffer zone to the abutting residential properties. Mr. Ploski stated they plan to establish a 30-foot wide “no-cut” zone abutting residential properties as an undisturbed portion of the buffer. Chairman Hiscox stated he does have the right to remove trees on his property, but suggested as a good neighbor, Mr. Ploski personally inform the neighbors what he plans to do on his property.
Adjournment: Motion by A. Havican, seconded by A. Delelle to adjourn at 8:20 p.m. Unanimous.
Robert Hiscox
Chairman