TOWN OF SOMERS

ZONING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

 

ZONING COMMISSION MINUTES

9/16/02; 7:30 p.m.

Town Hall

 

I.       CALL TO ORDER:

 

         Chairman Peter Klein called the meeting to order at 7:31 p.m. Members present were: Peter Klein; Lise Wood; Pat Jones; George Sulikowski (7:32); Marie Burnette (7:35); Alternates Jill Conklin; Roy Slater; Robert Martin. Also present were: James Taylor, Zoning Enforcement Officer and Patrice Carson, Town Planner.

 

II.      MINUTES APPROVAL:      July 15, 2002

 

         On Page 1, 4th paragraph, a typographical error was corrected. "Wood" should be capitalized. Marie Burnette made a motion to approve the 7/15/02 minutes, as amended. This motion was seconded by Lise Wood and unanimously approved by the Commission.

 

III.     OLD BUSINESS:

         a.       Other:

 

                  Patrice Carson told the Commission that the application for a Boy Scout building has been withdrawn and will be submitted at a later date.

 

IV.     NEW BUSINESS:

         a.       Site Plan Application for 2 Storage Buildings, 60-A & 60-B Sunshine Farms

         Drive, Birkenshaw

 

         Dave Birkenshaw presented a plan for two new buildings on his industrial site, which already has one building on it. The existing driveway will be used to access these two buildings. The new buildings meet the required setbacks.

 

Jim Taylor said Zoning would need a more detailed lighting and landscaping plan. Dave Birkenshaw said there would be no lighting or water in these buildings which are two metal buildings on a slab - back-to-back - 10' x 20' each.

 

Jim Taylor said the Commission would need a rendering of the two new buildings, showing how they will be placed on the lot and how they will look from the outside - as well as indicating the landscaping that will be in place.

 

Lise Wood made a motion to accept the Site Plan Application for (2) storage buildings on Birkenshaw's property on Sunshine Farms Drive and forward it on to the Planning Commission for their recommendation. This motion was seconded by Pat Jones and unanimously approved by the Commission.

 

b.       2001-2002 Annual Report:

 

                  The Commission reviewed the draft of the annual report prepared by Patrice Carson, Town Planner. Lise Wood made a motion to approve the annual report, as written, and forward it to the Treasurer's office for inclusion in the 2001-02 Annual Report. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

 

V.      STAFF/COMMISSIONER REPORTS:

 

         Jim Taylor reported that he has certified (74) zoning permits and Certificates of Occupancy. He initiated (20) enforcement actions - none very serious. He eliminated (7) violations and checked out the gravel pits - which are looking good.

 

Jim Taylor is concerned about the excessive number of illegal signs in town. He said he has always tried to be lenient - especially with new businesses - because the town wants to be business-friendly. Also, several non-profit organizations have illegal signs. Jim asked the Commission if they want him to enforce the sign regulations and have them removed.

 

For instance, sandwich board signs should only be out during business hours. They are left out all the time. These signs are not obstructing traffic - however, the center of town is getting cluttered with these signs. Some of these signs are in the State right-of-way and others are oversized. Jim Taylor would like to clean up the signs that should not be there.

 

Peter Klein suggesting placing the sign information on-line. Then the whole town can be notified.

 

Jim Taylor said that sandwich signs are the biggest culprits at this time. Some of these signs are temporary - such as the Four Town Fair signs. Jim has talked to Cliff Bordeaux about Rotary Club signs and to many realtors about their signs. Jim would like to give the realtors one warning and then pull the signs and put them behind the Kibbe-Fuller building. Businesses are also placing signs all over town and off-site business signs are illegal.

 

It was the consensus of the Commission that Jim Taylor should proceed with his enforcement plans for illegal signs in Somers.

 

Marie Burnette said she received a complaint from someone on Greentree Lane who asked why a commercial pick-up truck was parked on the street from Friday through Tuesday every week. Jim Taylor will investigate this complaint.

 

VI.     AUDIENCE COMMENTS:

 

         Chris Folan; 7 Country Fair Drive: said Birkenshaw's buildings still do not have shielded lighting on Field Road and you can see the source of light on the Sunshine Farms building.

 

Jim Taylor said he issued a Cease & Desist order on 3/6/02 for lighting at the Field Road building. Mr. Birkenshaw was allowed (30) days to appeal to ZBA. This he did not do. On 4/11/02, a letter was sent to the Town Attorney asking him to issue an injunction. The Town Attorney contacted Attorney Michael Bryer (Birkenshaw's attorney) regarding the Egypt Road building. The Town is requesting that an enforcement order be initiated. This will go to Superior Court. An immediate injunction will be filed to get this settled by the courts.

 

Mr. Folan would like to meet with Mr. Taylor on Thursday night to review this information. Mr. Taylor said he no longer works on Thursday night because he is restricted on the number of hours he can work for the Town. However, if Mr. Folan gives him a call for a specific Thursday night, then he will make himself available.

 

Robert Anderson, 14 Sunshine Farms Drive: said there were (46) trees required on Birkenshaw's property at 34 Egypt Road and none have been planted. Also, there should be a landscaped 25' buffer between a residential and an industrial zone.

 

Jim Taylor said this issue has already been resolved. The Commission decided the buffer requirement was met. A buffer is a buffer and does not have to be planted.

 

Peter Klein said the Commission would look at the plan and clarify what was done.

 

Mr. Anderson said the Commission has not responded to the (25) questions submitted to them for resolution.

 

Peter Klein said the Commission would do its best to meet with Town Staff and try to answer the questions sent to the Commission.

 

Mr. Anderson said regulations indicate the source of light can not be seen from the road.

 

Dave Minnie, 21 Country Fair Drive: said the lighting is not shielded on the building on Sunshine Farms Drive.

 

VII.    CORRESPONDENCE AND BILLS:

 

         A letter from Angela Koehler of 43 Sunshine Farms Drive concerning Birkenshaw's industrial sites was given to the Commissioners.

 

Bills:

 

Journal Inquirer (July 15)           $125.92

Journal Inquirer                       $55.09

Jim Taylor (reimbursement - film)         $25.63

 

Pat Jones made a motion to approve payment of these bills; seconded by Lise Wood and unanimously approved by the Commission.

 

VIII.   ADJOURNMENT:

 

         Prior to adjournment, Chairman Klein relayed a message from First Selectman Richard Jackson, with regard to the concern of commission members congregating outside Town Hall after a zoning commission meeting has adjourned. Such action constitutes an illegal, unwarranted meeting, and such practice by member must cease.

 

         Motion to adjourn was made by Lise Wood; seconded by Pat Jones and unanimously approved by the Commission. The meeting was adjourned at 8:20 p.m.

 

                                    Respectfully submitted,

 

 

 

                                    Marie Burnette, Secretary

 

                                    Connie Carenzo, Recording Secretary