TOWN OF SOMERS

ZONING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

ZONING COMMISSION MINUTES

10/21/02; 7:30 p.m.

Town Hall

I. CALL TO ORDER:

Chairman Peter Klein called the meeting to order at 7:35 p.m. Members present were: Peter Klein; Patricia Jones; Lise Wood; George Sulikowski; Marie Burnette and Alternates Jill Conklin; Robert Martin and Roy Slater (7:45). Also present were Patrice Carson, Town Planner and Jim Taylor, Zoning Enforcement Officer.

II. MINUTES APPROVAL: October 7, 2002

Two changes were made to Page 2. 8th paragraph; change "Marie Burnette" to "Pat Jones" and 9th paragraph; change "Marie Burnette" to "Jim Taylor".

Pat Jones made a motion to approve the 10/7/02 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

Patrice Carson distributed the latest draft of the ARH regulation. She said there have been quite a few changes recommended by the Town Attorney. She offered to review these proposed changes with the Zoning Commission.

On Page 1, the Town Attorney recommended removing the time restriction from Occupancy (e).

On Page 6, the Planning Commission recommended eliminating Section B under Community Association, and add "and shall comply with the provisions of Connecticut General Statutes 47-200 et.seq."

This was done because the Town does not want the liability of taking over an ARH development if the Association fails.

On Page 7, a paragraph on "Expiration of Special Use Permit" and a paragraph on "Security" were added.

Patrice Carson said that if a contractor runs out of money, the Town does not want to be responsible for completing the ARH complex. An ARH complex must be privately owned and governed by a Community Association.

Roads within an ARH complex will be privately owned but will meet similar standards, as those required by the Subdivision Regulations - with the exception of width.

The Town Attorney asked if ARH developments are required to have public sewer systems.

George Sulikowski suggested changing the wording on Page 5, Section B to read "All structures that require plumbing shall be served by a sewage disposal system and a public water supply". There are not many areas in Somers that have public sewer systems. Steve Jacobs, Sanitarian, would review whether or not separate septic systems would work in a proposed ARH area or if their Association would prefer to become involved with a large on-site septic system.

The Town Attorney asked if ARH units would be allowed in all zones. After a discussion, it was the consensus of the Commission that ARH units could be allowed in all zones - with the exception of the "A" zone.

Roy Slater remarked that Somers is limited for space in our business and industrial zones. It might be unwise to use these zones for ARH development.

The Commission discussed "Occupancy" on Page 1. The regulation currently says "no more than three (3) residents may occupy a dwelling unit". Pat Jones feels this should be increased to (4) maximum residency. She said if an elderly couple needed care, then - a daughter and her husband, for instance - could move into the unit and provide the needed care.

Patrice Carson said the ARH units should not be an assisted living community and residents would likely not be disabled. Patrice stated that all the ARH complexes surveyed used (3) residents as a maximum.

George Sulikowski asked if we really need regulations covering ARH housing. Why can't the developer be allowed to determine what kind of houses he is going to build.

Patrice Carson said the Zoning Commission can and has the ability to limit the way these units will be used - can not have children that would add to the school system burden or maintenance that increases taxes.

Robert Martin remarked that the Commission can not control the market price of these condos.

Patrice Carson said a starter unit could be a low end unit - but it seems most people want the better housing options. There was a brief discussion about the Laurels in Enfield. These are not age-restricted. They started off around $50,000 - but now are over $200,000.

Peter Klein said the Commission does not have to make a decision tonight. Review the proposed changes and next time be prepared to make a decision so the regulation can be referred to the Planning Commission and CRCOG for their comments.

IV. NEW BUSINESS:

a. Special Use Permit Application for Home Occupation for Hypnotherapy, 85 Lance Drive, McKee

Sandra McKee would like to open a home occupation for hypnotherapy at her home at 85 Lance Drive. Hours of operation would be from 10:00a.m. until 4:00 p.m. Monday through Friday. She would have about (3) clients per day. She assists clients with addictive problems - such as smoking or overeating. She has (4) parking spaces available. She works alone and would use only one room in her home for a form of hypnosis.

Pat Jones made a motion to accept this application and refer it to the Planning Commission for their recommendation. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

b. Site Plan Application, Storage of Trucks, 60 Sunshine Farms Road (Unit C), Kaminski

This application has been withdrawn.

V. STAFF/COMMISSION REPORTS:

Jim Taylor reported that he certified (16) applications for zoning permits and initiated (4) new enforcement actions. He also eliminated (5) violations. Jim has dealt with over a dozen people about sign removal.

Pat Jones said that the shop owners at Southfield Plaza are really unhappy about removing their signs.

Jim Taylor said maybe the regulations should be changed - however, Zoning should have a reasonable control over the size and location of signs. Signs should be moved back from the road. Sandwich board signs are usually for a specific event and are temporary signs.

Pat Jones said that the businesses at Southfield Plaza put their signs on the road so that people can see them. You cannot see what businesses are in the Plaza from the road. Maybe a regulation could be proposed that would allow sandwich board signs.

There was a discussion about putting business signs on a lightpost at the entrance to the Plaza.

Jim Taylor will bring in an example of putting business signs on a street light post. Jim Taylor feels the businesses will get the same exposure if they put the signs back a few feet from the road.

VI. AUDIENCE COMMENTS: There were none.

VII. CORRESPONDENCE AND BILLS:

Patrice Carson has a copy of the annual report from CRCOG - if anyone would like to review it.

The Zoning Commission has been asked by the Board of Selectmen to match a grant program for a 1/2 day walkable workshop. Planning, Zoning and the Board of Selectmen have been asked to contribute. This is a $7,000.00 grant program and Planning, Zoning and the Board of Selectmen will be asked to contribute $500.00. Zoning's share is $167.00. This could be taken out of Dues and Seminars.

Pat Jones made a motion to pay $167.00 to be used towards a half-day walkable workshop. This motion was seconded by Lise Wood and unanimously approved by the Commission.

Pat Jones asked if there was soil contamination at 8 South Road because they aren't proceeding with construction of a building. Patrice Carson said there is no contamination on the property. The developer only got a permit for a foundation. He may be constructing a one-story building - rather than two story.

VIII. ADJOURNMENT:

Motion to adjourn was made by Pat Jones; seconded by Lise Wood and unanimously approved by the Commission. The meeting adjourned at 8:32 p.m.

Respectfully submitted,

Marie Burnette, Secretary

Connie Carenzo, Recording Secretary