The Orange Town Plan & Zoning Commission met on Tuesday, June 16.
Following is the agenda:
1. SUBDIVISION APPLICATION – “Subdivision of Assessor’s Lot 7 and Portion of Assessor’s Lot 8”. Submitted by property owner Racebrook Estates, LLC. Location 846 Racebrook Road (Assessor’s Map 90-1-7) and portion of lot 8. To subdivide 8.3 acres of RES Residential land into 2 lots.
2. Request by Saint Barbara Greek Orthodox Church to hold it’s annual Odyssey Festival September 4, 2015 to September 7, 2015.
Zoning enforcement officer will be going out to have “illegal” temporary signs removed from in front of businesses along the Boston Post Road.
158 Ohman Ave. difficulties continue, residents complaining. Frank Rogers’ son is living in the house, so it is “legal” Outside storage is a problem and will be addressed on Wednesday.
6. Report of the Zoning Enforcement Officer.
-Review of Zoning Activities Log.
PUBLIC HEARINGS *(2)
7. *SPECIAL PERMIT APPLICATION For Outdoor Storage and Display – Submitted by Home Depot for property known as 440 Boston Post Road.For the outdoor storage and display of seasonal items & merchandise.
Mark Maltese from Home Depot said he couldn’t meet with the police commission until July.
Walter Clark said there is a portable bathroom in the fire lane, he showed Maltese photos he took of a port-a-potty, shingles and other items that were in the fire lane. Clark said the sidewalk has not been cleared since the last meeting, which is unacceptable.
Clark said there is a total disregard for the violations and he thinks the request should be denied and have a cease and desist order on the plans immediately.
There must be a 6-foot clearance on the sidewalk for public safety. The town has clear regulations that define this. the columns complicate the issue, but the store must comply with the regulations.
Judy Smith Morgan said the store should start from scratch and bring ALL merchandise inside the store and then bring items out in compliance with the regulations.
Ozzy Parente said the store should comply with the regulations… before anything else can be done.
Ralph Aschettino also visited the store several times and photographed what he knew were violations, backing up everything Clark said.
Maltese insisted that he has complied with the commission’s instructions and as a manager, some of the issues did not come from him. He admitted that he did not understand some of the instructions he’d been given.
Clark said the application is incomplete. Paul Dinice would stop by and inspect the store Wednesday morning and if everything was not in compliance by Monday, June 22, a cease and desist order would be applied, and fines would begin.
The Commission granted an extension to the application until July 7.
8. *RE-SUBDIVISION APPLICATION – 831 Derby Milford Road. Submitted by Walter M. & Mary Ellen K. Bespuda Living Trust, for property known as 831 Derby Milford Road. The proposal is to create 2 lots from 34.6 acres. Zoned Residential RES.
Jeff Gordon speaking for the applicants. The Bespudas would construct a 2 bedroom ranch style home on a portion of their land.
An attorney representing a Rainbow Trail resident addressed some concerns regarding restrictions on their property from a prior sub-division.
These are the restrictions from 2011:
solely for single family residences
no satellite dishes or solar panels
no livestock or chickens
only in ground swimming pools
no exterior clothes lines
The Attorney wanted the commission to impose these conditions for the new home.
The Commissioners stated they would not have the authority to do that.
The attorney’s argument continued that the driveway could not accommodate a fire truck in an emergency.
Gordon contested that the driveway has been used by school busses, tractors and other heavy farm equipment for many years.
Since the proposed house would be built more than 1,000 feet from any existing homes, all of the arguments listed above were pretty much meaningless and the subdivision would not lower property values of neighboring properties.
The applicant received ALL of the necessary signatures from town departments and the Commissioners said the plans complied with all regulations, therefore they had no reason not to approve it.
The subdivision was unanimously approved.