MINUTES ARE
NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.
TOWN OF SOMERS
ZONING
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
ZONING
COMMISSION MINUTES
10/7/02;
7:30 p.m.
Town Hall
I. CALL TO ORDER:
Chairman Peter Klein called the meeting to order at 7:30
p.m. Members present were: Peter Klein; Pat Jones; Lise Wood; Marie
Burnette (7:32); George Sulikowski (7:34); and Alternates Roy Slater and Jill
Conklin. Also present were: Jim Taylor, Zoning Enforcement Officer and
Patrice Carson, Town Planner.
II. MINUTES APPROVAL: September
16, 2002
Several changes were made to the 9/16/02 minutes. They are as follows:
Page 1; second paragraph, first line: Remove "was" and substitute
"should be".
Page 2: last
paragraph, second line: Change
"Tuesday" to "Friday" and "Friday" to
"Tuesday".
Page 4: Insert
the following paragraph after "Bills".
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 members must cease.
Pat Jones made a motion to
approve the 9/16/02 minutes, as amended.
This motion was seconded by Lise Wood and unanimously approved by the
Commission.
III. OLD BUSINESS:
a. Discussion/Review of Proposed
Amendments to the Zoning Regulations for Age-Restricted Housing (ARH)
Regulation
The Town Attorney has not given the Commission his
recommendations and comments. This
agenda item will be deferred until the next meeting on 10/21/02.
IV. NEW BUSINESS:
a. Site Plan Application for
Automated Teller Machine, 48 South Road, Southfield Condominium Association,
Inc.
Attorney Bruce Tyler presented a plan of the proposed
location of the ATM machine. It would
be located at the far end of the condo complex with a horseshoe drive around
it. The condo site is already 63% paved
so - in order to conform to regulations - some of the existing pavement will
have to be removed. The Association is
recommending that the exit lane to South Road is eliminated in the complex and
vehicles would exit onto Field Road.
Jim Taylor said he wanted
the Commission to review this Site Plan Application. The Commission had already
determined that a free-standing ATM machine in a parking lot could be approved
as a bank drive-through - which conforms to the Zoning Regulations.
Attorney Tyler said that in
place of the pavement, the Association would have plantings that would be
aesthetically pleasing to the area. Jim
Taylor remarked that the line-of-sight would have to be considered when
plantings are selected.
Lise Wood made a motion to
accept this Site Plan Application and forward it to the Planning Commission for
their recommendation. Pat Jones
seconded the motion, which was unanimously approved by the Commission.
b. Review/Adopt
2003 Meeting Dates:
After a
brief review of the proposed dates, Lise Wood made a motion to adopt the 2003
Zoning Meeting dates, as presented.
This motion was seconded by Pat Jones and unanimously approved by the
Commission.
V. STAFF/COMMISSION REPORTS:
Jim Taylor reported that he has certified (13) permits
for zoning compliance and certificates of occupancy. He has initiated (5) enforcement actions and resolved (3).
Jim Taylor has been working
on having unnecessary and illegal signs removed from both commercial and
residential properties. Jim said some
property owners removed their signs and others have refused. He issued a Cease & Desist Order for
Stop & Start Transmissions on Main Street to have their sign near the road
removed and also to move their cars back off the State right-of-way and onto
their own property.
Some of the businesses at
Southfield Corners have been uncooperative about removing signs. Jim Taylor said he will keep working on this
sign problem and is hopeful that eventually, all of these unnecessary or
illegal signs will be removed.
Marie Burnette mentioned a
sign on the corner of Main and Battle Streets regarding domestic abuse. Jim Taylor said he has been lenient with non-profit
organizations but will make contact with the organization and ask them how long
this sign will be up. It is a temporary
sign.
Marie Burnette said there is
a home business on Haas Road that has two trucks parked in front of the house
most of the time. She also talked about
the Birkenshaw property at 34 Egypt Road - stating that the floodlights on the
rear of the building shine directly out onto the street. Jim Taylor said there is a Cease &
Desist in effect to deflect and lower the wattage on these lights. We are waiting for a court date. A judge will make the ruling on this
case. A Certificate of Occupancy was
issued on this property. However, the
lighting is not as specified on the plan the Commission approved.
Peter Klein said that if you
are coming up Sunshine Farms Drive, you are blinded by the lights at the back
of the building. Jim Taylor said it is
Dave Birkenshaw's responsibility to become compliant with the Zoning
Regulations.
Peter Klein said there is an
old Plymouth Reliant in the parking lot of Avery's industrial complex on Field
Road that has been sitting there for a couple of weeks. Jim Taylor will check on this.
VI. AUDIENCE COMMENTS:
Robert Anderson, 14 Sunshine Farms Drive: said he met with his neighbors and determined that there seems to
be an absence of plantings along Sunshine Farms Drive. Patrice Carson said that Public Works did
not want trees planted along the side of Sunshine Farms Drive. The trees were shown on the plan as pine
trees, which would cause an icing problem along the side of the road. Trees should be planted up near the building
- not near the road. Also, there are
drainpipes along the side of the road and Public Works felt that planting trees
could damage the drainage pipes.
Mr. Anderson talked about
having trees planted so there would be a barrier between the industrial site
and Sunshine Farms Drive.
Jim Taylor said planting
large trees could interfere with the line of sight. Jim said the lights are really high up on the building. A solid line of heavy plantings could be
required -which should help the situation.
Jim said he is trying to narrow down and resolve the issues.
Mr. Anderson asked why the
natural buffer was destroyed. The
minutes said the buffer does not have to be planted.
Peter Klein said a buffer
does not have to be planted if it already screens the area.
Angela Koehler, 43 Sunshine
Farms Drive: said the subdivision plans say
a 30' natural buffer should remain.
Mrs. Koehler said she has never had a problem with icing on the
road. There wasn't an ice problem when
there were woods on either side of the road.
She asked about the two new
buildings that Mr. Birkenshaw is proposing and was told that these two
buildings will not have electricity or water.
Jim Taylor said that Mr. Birkenshaw would have to come back for a site
plan approval if he decided to put in lights at a later date.
Angela Koehler said her
residential neighborhood is looking at a boat, grills, barrels, etc. that are
on this industrial site.
Robert Anderson asked where this Cease & Desist order is on the court
calendar. Jim Taylor will check on
this.
Elizabeth Stevenson,
Mountain Road said she thinks that this
is Domestic Abuse Month and that is why the sign is at Battle and Main Streets.
Robert Anderson asked if the Commission has looked over his letter of concerns. He has not received answers to his
questions.
Peter Klein said the
Commission examined all of the questions.
Some are still pending. There
will be no formal written response to these questions. If there is a specific question, then Jim
Taylor, Zoning Enforcement Officer, should be contacted.
Angela Koehler asked if anything is being done about controlling dust in the
air. Don't contractors have to keep the
area watered down?
Jim Taylor said this is not
a gravel pit. This is part of the dust
involved in the construction of a building.
A property owner can remove 1,000 cubic yards of earth product without a
permit. Earth products can be removed
during a construction project.
There was a general
discussion about the plantings on Birkenshaw's property. Mr. Birkenshaw has replaced the pine trees
that were taken down in the 30' buffer and Steve Barnes has not built on his
property yet - and the pines planted are still there.
Jim Taylor said that if he
gets a complaint, he is required to investigate it. Boats are allowed to be stored on a residential property -
provided they are stored in the back yard and screened from neighboring properties.
Jim Taylor said that he
would like to hear from the Commissioners if any of them feel he is not
performing all of the duties of Zoning Enforcement Officer. If a Commissioner has a complaint, then Jim
Taylor will work hard to correct it.
VII. CORRESPONDENCE AND BILLS:
Another letter was received from the Kasperzak's
complaining about the business sign at 111 George Wood Road. Jim Taylor received the same letter back in
1998 and sent a letter in reply to the complaint. The letter stated - in part - that a sign permit was issued to
111 George Wood Road in 1991. This sign
was in conformance with the Zoning Regulations at that time - and still
is. Jim Taylor will send this same
letter again.
Patrice Carson presented the
agreement for the services of the Wetland Agent to be continued for another
year. This agreement was signed by
Chairman Peter Klein.
There was one bill for
$25.00 to pay Patrice Carson's dues for CAZEO.
Pat Jones made a motion to pay this bill; seconded by Marie Burnette and
unanimously approved by the Commission.
VIII. ADJOURNMENT:
Marie Burnette made a motion to adjourn the meeting;
seconded by Pat Jones and unanimously approved by the Commission. The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Marie Burnette, Secretary
Connie Carenzo, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.