ZONING
COMMISSION
P.O.
BOX 308
April
3, 2006 7:00
p.m.
Chairman
Peter Klein called the regular meeting to order at 7:05 p.m. Members Anita Calder, Peter Klein, Lise
Wood, and Alternate Members Jill Conklin (seated for Peter Chipouras) and Wes
Smith (seated for Rob Martin) were present and constituted a quorum. Town Planner Patrice Carson and Zoning
Enforcement Officer Jim Taylor were also present.
II.
MINUTES APPROVAL
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
approve the March 20, 2006 minutes as presented.
a.
Discussion/Possible Decision:
Special Use Permit Application for Gravel Bank, 164 Hampden Road, Grower
Direct Farms
Lise
Wood recused herself from this agenda item.
The
Land Use Office has received
proof from the applicant of the exchange from Tom Wood of the property
transgressed by the access road.
The document received was not notarized. It was suggested that in addition to
this document, either a notarized deed showing a formal transfer of the property
or an easement granting temporary use of the road be
required.
Town
Engineer Merv Strauss has approved a bond amount of $12,000.00 for this
project.
Discussion
followed about the public hearing and comments received from the audience. Neighbors concerns over the noise and
traffic as well as non-conformity with the regulated hours of operation were
specific reasons sited for application denial. It was also suggested that the hours of
operation be limited to 9 a.m. to 3 p.m. 3 days per week.
Mrs.
Carson explained that the application will come up for renewal again in June. At
that time, any violations can be addressed and, if necessary, renewal
denied.
Mr.
Taylor noted that one issue mentioned at the hearing was that the access road is
not properly maintained. Road work
has since been done and the situation is better now. He will continue to monitor the
area.
Residents
were also upset about mud and debris being tracked onto the town road. Discussion followed regarding the
possibility of increasing the tracking pad length to reduce tracking onto the
town road. Mr. Taylor commented
that if the current tracking pad
is maintained properly, no addition to the tracking pad should be
necessary.
The
consensus of the Commission was that operating hours should initially be set
according to regulations; i.e., 7:30 a.m. to 5:30 p.m., Monday through Friday
and 8:00 a.m. to noon on Saturdays.
No activity is allowed on holidays.
It will be stressed that there is to be no activity on the site,
including trucks entering or leaving, outside of designated hours and if the
trucks begin queing up before
7:30 a.m., then the applicant will be in violation.
A
motion was made by Jill Conklin, seconded by Anita Calder and unanimously voted
to approve Grower Direct Farms’ application for a Special Use Permit for a
gravel bank at 164 Hampden Road, conditional on 1) the presentation of a $12,000.00
performance bond, 2) proof of
either the formal transfer of property from Wood to Grower Direct Farms for the
access road, or proof of an easement from Wood to Grower Direct Farms granting
temporary use of the property for the access road, 3) the permit is valid through June 30,
2006. The Commission reiterated the
hours of operation as 7:30 a.m. to 5:30 p.m. Monday through Friday and 8:00 a.m.
to noon on Saturdays with no holiday hours.
Lise
Wood returned to the meeting at this time.
b.
Discussion/Possible Decision:
Zoning Commission's Amendment to the Zoning Regulations Section
214-93. Temporary Commercial Uses
to Include Uses for Farms
The
Commission felt that the proposed amendment presented at the public hearing
needs to be revised. Several
comments were made at the hearing and at last week’s POCD meeting against
waiving the public hearings.
Therefore, Mrs. Carson suggested that the Commission should only amend
that part of 214-93.A.(3) which would require a public hearing for every
renewal.
The
current regulation reads that special use permits may be renewed annually and a
public hearing may be required by the Commission. The suggested change in wording is: The Special Use Permit may be renewed
annually after a public hearing is held by the
Commission.
Since
this change was part of the public hearing, and the Commission can amend all or
part of a proposed regulations, no new hearing on this matter is required. The notice requirement will mandate that
a public hearing be held for the renewal process of any Special Use
Permit.
A
motion was made by Lise Wood, seconded by Anita Calder and unanimously voted to
amend Zoning Regulations Section 214-93.A.(3) to read as follows: “The Special Use Permit may be renewed
annually after a public hearing is held by the Commission.” to be effective the
day after publication in the newspaper.
c.
Other
- There was no other Old Business.
IV.
NEW
BUSINESS
- No New Business was presented.
V.
DISCUSSION: PLAN OF CONSERVATION AND
DEVELOPMENT
Everyone
has reviewed the Agricultural Zoning packets distributed by Mrs. Carson
including New York State’s regulation
and those from a number of Connecticut communities and a brief discussion
followed about the definition of a farm as compared with the Town of Somers
current definition. Also discussed
was what determines an accessory use.
The
next POCD meeting is scheduled for April 24, 2006, at 7:00
p.m.
VI.
STAFF/COMMISSIONER
REPORTS
Jim
Taylor presented his Zoning Enforcement Officer's Report for the period of March
19, 2006 to March 31, 2006 and the Commissioners reviewed it with him. In addition to the items included in the
report, concern was expressed over a basketball school being advertised by Kara
Wolters. Mr. Taylor will look into
this and report back at the next meeting.
A
motion was made by Lise Wood, seconded by Jill Conklin and unanimously voted to
accept Mr. Taylor's report.
VII.
CORRESPONDENCE AND
BILLS
A
letter dated March 29, 2006 was received from Henry and Patricia Broer
suggesting that the Zoning Commission consider revising the regulation regarding
hours of operation for earth removal and filling to allow for 40 hours per week
only. Their reason for the change
is that businesses usually run 40 hours per week and such a regulation change
would ensure that such operations do not exceed such hours or infringe upon the
day-to-day lifestyle of the neighborhood.
Mrs. Carson was asked to put this proposal on the next
agenda.
A
bill was received from the Journal Inquirer for $251.84 for the March 6, 2006
public hearing. A motion was made
by Lise Wood, seconded by Anita Calder and unanimously voted to pay the
bill.
A
motion was made by Lise Wood, seconded by Wes Smith and unanimously voted to
adjourn the April 3, 2006 Zoning Commission meeting at 8:25
p.m.
Respectfully
submitted,
A.P.
Calder, Secretary
Robin Timmons, Recording Secretary
MINUTES
ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.
Town of Somers Zoning
Enforcement Officer
For the Zoning Commission
Meeting of April 3, 2006
Covering from 3/19/06 thru
3/317/06 Activities listed by Address
Enforcement
activity:
Page 1 of
3.
1,
359 Mountain Road. Worthington
Pond, LLC. Section 214-87.D. (Sales & consumption of alcoholic beverages .Issued Cease and Desist
Order. Cease and Desist Order has been appealed to the ZBA with a hearing set
for Sept 14, 2004. 9/20/04, The ZBA hearing has been continued to October 19,
2004. The ZBA voted to uphold the C&D order. Mr. Roulier has appealed the
ZBA decision to the Superior Court. Case Pending.
2.
3/21/06. 663 Main St. P. Smith. Sections 214-98 (Storage of Junk
Material) and 214-60 (Storage of Unregistered Vehicles). Issued Cease &
Desist Order.
3. 12/01/05. 77 Wood Road.
C. Gengenbach. Sections 214.24 (Non-permitted Contractor’s Yard) and 214-92.C
Non-permitted Storage Container. Requested Compliance.
1/13/06 Mr. Gengenbach has
agreed to compliance before February 28, 2006. 2/02/06 No change at this
time.
3/01/06Not fully compliant
due to weather conditions. Will follow up.
3/17/06, 90% compliant.
Should be fully compliant by April 1, 2006.
3/29/06. Permits obtained. Violation
Eliminated.
4.
16 Birch Hill Dr. R. Mohammah. Section 214-101 (Failure to obtain Zoning Permit
for Accessory Structure. Requested Compliance. 9/22/05 Spoke with owner’s
attorney. They are in process of how to best come into compliance. 10/13/05 No progress on a resolution to
this matter. Issued Cease & Desist Order.
11/16/05 Awaiting appeal to
expire before taking further action.
11/19/05. Referred file to
Town Attorney to commence injunctive action in Superior
Court.
12/08/05. Mr. Mohammah has
agreed to obtain a Zoning Permit and relocate the building on or before the
2nd week of May 2006.
The reason for this delay is winter weather. Will follow up in
May.
5.
3/07/06. 64 Main St. L. Sonski. (THIS ACTION IS SEPARATE FROM ITEM 6 BELOW.
Sections 214-98 (Junk Material and 214-60 (Unregistered Vehicles). Referred to
Town Attorney for injunctive action in Superior Court.
3/27/06.
Violation
Eliminated.
6.
2/07/06 64 Main St. L. Sonski. Sections 214-101 (Failure to obtain Zoning Permit
for accessory building) and 214-98.A (Failure to comply with Set-Back Requirements). Requested
Compliance. 3/15/06. In process of obtaining permits.
3/29/06. Permit for structure has
been issued. Structure to be moved to comply with Set-Back
requirements.
7..
164 Hampden Rd. Growers Direct. Section 214-67 (Removal of Earth Products
without Special Use Permit) and 214-101 (Failure to obtain Site Plan Approval
for Site Changes and Improvements. 7/14/05 Site plan application in process of
being prepared for submission according to Mike Mocko of Ward Engineering.
9/06/05 Spoke with Mike Mocko. Site Plan is approximately 80% prepared. He was
advised to expedite the Site Plan Application. 9/16/05 No change. Commission may
want consider setting a deadline for the submission of a Site Plan application
in order for Growers Direct to avoid Enforcement of the Cease & Desist Order
which was issued on May 18, 2005. 10/3/05 Commission to consider deadline for
submission of completed Site Plan application. 10/11/05 Sent letter to Growers Direct setting a
deadline of October 17, 2005 for submission of Site Plan Application. Subject
application was received in the Land Use Department on October 14,
2005.
11/05/05 Commission is
anticipating Mr. Van Wingerden or his representative to appear at the November
21, 2005 meeting to present the subject application.
12/01/05 Mr.
Van Wingerden has granted to the Commission an extension to February 6, 2006 to
apply for a permit for a Gravel Bank.
1/11/06. No change at this
time. 1/25/06.
Notified M. Mocko’s office to be prepared for February 6, 2006 zoning
meeting. It was confirmed that he will attend that
meeting.
3/02/06.
Public hearing scheduled for 3-06/06.
3/17/06. Public Hearing scheduled
for 3/20/06.
8..
11/16/05. 343 Hall Hill Road, T. Barnes. Sections 214-98.B.1.(More than one
single family dwelling per lot) and 214-98.101 (Failure to obtain Zoning
Permit).
11/28/05 Barnes has agreed
to cease the residential use of the subject building. Waiting for promised
affidavit stating that agreement to close this file.
1/05/06
Resolution of this case is pending Building Code compliance with
Building Official.
2/02/06 No change at this
time.
3/01/06. Building Official is working
with property owner toward compliance.
10. 3/14/06. 701 Stafford
Rd. R. Bourque. Sections 214-98 (Storage of Junk Material) and 214-60 (
Unregistered Vehicles). Requested Compliance.
3/29/06. Issued Cease & Desist
Order.
11. 2/01/06. 515 Springfield
Rd. M. Bushior. Section 214-98.B. (Storage of Junk Material). Requested
Compliance.
3/02/06. About to commence
further enforcement action.
3/15/06. Issued Cease and
Desist Order.
3/29/06. Pending 30 day appeal
period.
12.
3/22/06. 682 Springfield Rd. T. Nguyen. Sections 214-57 ( Sign
Violation) and 214.98.B. (Non-permitted Business. Requested
Compliance.
13.
3/22/06. 3 Turnpike Rd. R. Dembinske. Section214-98..B.22. (Motor
Vehicle Sales in Residential Zone) Requested Compliance.
Respectfully
submitted:
James R.
Taylor
Zoning Enforcement
Officer