TOWN OF SOMERS
ZONING
COMMISSION
P. O. Box 308
Somers,
Connecticut 06071
ZONING
COMMISSION MINUTES
11/4/02;
7:30 p.m.
Town Hall
Auditorium
I. CALL TO ORDER:
Chairman Peter Klein called the meeting to order at 7:30 p.m. Members present were: Peter Klein; Lise Wood; Pat Jones; George Sulikowski; Alternates Robert Martin and Jill Conklin. Robert Martin was seated for Marie Burnette. Also present were: Jim Taylor, Zoning Enforcement Officer and Patrice Carson, Town Planner.
II. MINUTES APPROVAL: October
21, 2002
Page 2; 8th paragraph; 1st line - add
the words "the ability" after the word "has".
Pat Jones made a motion to approve the
10/21/02 minutes, as amended. This
motion was seconded by Lise Wood and unanimously approved by the Commission.
III. OLD BUSINESS:
a. Discussion/Possible Decision: Site Plan Application for Automated Teller Machine, 48 South
Road, South Field Condominium Association, Inc.
Attorney Tyler presented a site plan that included the
suggestions made by the Planning Commission - also a landscaping and lighting
plan that was requested by the Planning Commission.
The
Commission reviewed the plans. Lise
Wood asked if a traffic study was done on Field Road. She said the traffic moves very fast on this road and exiting
from the Plaza complex might cause traffic back-up.
Attorney
Tyler said the Planning Commission felt that this plan for one entrance from South
Road and one exit onto Field Road would be an improvement in traffic flow.
Patrice
Carson remarked that DOT prefers traffic to exit onto a town road rather than
onto a State road and would approve closing off an exit onto South Road.
George
Sulikowski asked why Planning made lighting and landscaping
recommendations. He said he has a
problem with this. The applicant was
forced to come back to the Zoning Commission with a plan that encompassed the
Planning Commission's recommendations.
Robert
Martin asked if there will be adequate signage to alert people about the new
way of exiting the property. Attorney
Tyler said there would be signs pointing out the exit and also the location of
the ATM machine.
The
Planning Commission recommended approval of this application upon receipt of
the lighting and landscaping plans.
Pat
Jones made a motion to approve the Site Plan Application for an ATM machine at
48 South Road. This motion was seconded
by Lise Wood and unanimously approved by the Commission.
b. Special Use Permit Application for Home Occupation for
Hypnotherapy Practice, 85 Lance Drive, McKee - Set Public Hearing
The Planning Commission recommended approval of this Special
Use Permit Application at their last meeting on 10/24/02. This is an agenda item solely to set a
public hearing date.
Lise
Wood made a motion to set a public hearing date for Special Use Permit
Application for home occupation for hypnotherapy practice, 85 Lance Drive,
McKee for November 18, 2002 at 7:00 p.m.
This motion was seconded by Pat Jones and unanimously approved by the
Commission.
c. Discussion/Review of Proposed Amendments to the Zoning
Regulations for Age-Restricted Housing (ARH) Regulation
Patrice Carson said that once this regulation is approved, a
developer would go to the Planning Commission for a Special Use Permit. Then a public hearing will be held on the
proposed ARH development.
George
Sulikowski feels that a Special Use Permit should be issued by the Zoning
Commission - not the Planning Commission.
A Special Use Permit application for an ARH
development
should be accepted by the Zoning Commission and referred to the Planning
Commission for their recommendations.
Then the Zoning Commission should set the public hearing date. If approved at the public hearing, then the
Zoning Commission should issue the Special Use Permit.
Patrice
Carson said the Planning Commission has the experience and knowledge to handle
this type of development more effectively than the Zoning Commission because an
ARH complex is very similar to a subdivision application - which is what the
Planning Commission works with all the time.
George
Sulikowski said the Zoning Commission is giving up some of its powers to the
Planning Commission and he feels that this is not right.
Patrice
Carson said that anything referred to the Planning Commission by the Zoning
Commission has a (35) day time limit.
This is not long enough for the Planning Commission to review an ARH
development. The Zoning Commission
cannot grant extensions of time to the Planning Commission.
Pat
Jones suggested that the Planning and Zoning Commissions hold a combined public
hearing on ARH developments. Patrice
Carson said that this is not possible - as long as the two commissions remain
split.
Patrice
Carson said it takes at least two months to approve any subdivision
application.
George
Sulikowski said that if the Zoning Commission enacts this regulation, it may be
facing potential lawsuits from developers who want to put up this type of
housing - without being age-restrictive.
Jill
Conklin agreed that this could be a discrimination issue.
Len
Slaga said the Federal Fair Housing Act sets the guidelines for adult
housing. He will try to obtain a copy
of this Act for the Commission to review.
Patrice
Carson said she would ask the Town Attorney if the ARH Regulation should add a
sentence referring to the Federal Fair Housing Act.
Peter
Klein suggested changing the word "obviate" to "negate" on
Page 3, Section D under Dimensional Regulations.
Peter
Klein said he would like to forward this proposed regulation on to the Planning
Commission and CRCOG for their recommendations.
Rob Martin made a motion to forward the draft of the ARH Regulation to the Planning Commission and CRCOG for their review and recommendations with the understanding that language from the Town Attorney would be incorporated. This motion was seconded by Peter Klein. The vote was: (2) in favor; (3) opposed (Jones; Sulikowski; Wood); (0) abstentions. The motion did not pass.
IV. NEW BUSINESS:
a. Request for Extension of Zoning Permit for New House, 54
Miller Drive, Gingras
Bob Gingras took out a building permit
for 54 Miller Drive - his potential buyers decided they wanted a house built at
29 Miller Drive. Therefore, Mr. Gingras
would like a one year extension to build a house at 54 Miller Drive. The Staff has no problems with this request.
Pat
Jones made a motion to grant the extension of zoning permit for a new house at
54 Miller Drive for an additional year.
This motion was seconded by Lise Wood and unanimously approved by the
Commission.
b. Application for Zone Change from A-1
to B, 87 South Road, Somers Crossing, LLC
Developer Chet Ladd said he would like
to put all of his land on South Road into the Business zone. He currently has about (10) acres of land
that is zoned A-1 residential.
Patrice
Carson said that the current Plan of Conservation and Development encourages
property owners to have their property in one zone.
Lise
Wood made a motion to accept this application for zone change and forward it to
the Planning Commission for their recommendation. Also set a public hearing date for this zone change application
for November 18, 2002 at 7:00 p.m. This
motion was seconded by Pat Jones and unanimously approved by the Commission.
c. Site Plan Application for Manufacturing, 60 Sunshine Farms
(Units A & B), Vortex Manufacturing Company
The owner of 60 Sunshine Farms - Dave Birkenshaw - presented
a site plan and floor plan of the two units to be leased to Vortex Manufacturing
Company. The owner of Vortex said he
manufactures aircraft parts. There are
no waste products - just machining of stainless steel parts. All shavings are saved and sold. The machines are water cooled and no
solvents are used. This is a self-contained
manufacturing practice. The noise from
the machines will not carry outside the building. The aircraft manufacturer that buys the parts requires that the
building used to manufacture the product is air conditioned - so the units will
be closed up in the summer. Hours of
operation could run from early morning until late at night. Employees are all family members.
It
was the consensus of the Commission that it will require a Statement of Purpose
from the manufacturer that verifies all of these statements in writing.
Lise
Wood made a motion to accept this Site Plan Application and refer it to the
Planning Commission for their recommendation.
This motion was seconded by Pat Jones.
Dave
Birkenshaw asked why a site plan had to go to the Planning Commission?
Patrice
Carson said that Town Regulations require that all site plan applications be
referred from Zoning to the Planning Commission for their review and
recommendation. This Site Plan
Application will be reviewed by Planning on 11/14/02 and come back to the
Zoning Commission on 11/18/02.
The
motion was unanimously approved.
George
Sulikowski said this site plan is for industrial use in a new building. Therefore, it has to be presented to Zoning
and referred to the Planning Commission.
He asked that if a business is replaced by a similar business, could
approval be given by Staff.
Patrice Carson said that Staff could approve a similar business change - such as the veterinarian on South Road being replaced by another veterinarian clinic.
d. Other:
Site Plans:
Patrice Carson
asked the Commission what the Staff should require for a site plan. A person is purchasing 112 Main Street for a
retail business. The second floor has
an apartment. The site plan provided
shows a building that is no longer there.
The previous use of the building was a restaurant. The Staff can not tell from the site plan
that was provided whether or not the new owner will meet the parking
requirements. The Staff needs a floor
plan; a landscaping plan; a lighting plan and a parking plan. The Sanitarian and Fire Marshal also need
more information.
It was the consensus of the Commission that the
Staff needs a detailed, current, certified site plan that shows exactly what is
there at the present time and what is proposed to be added by the new owner.
V. STAFF/COMMISSIONER REPORTS:
Jim
Taylor reported that he certified (13) zoning applications; initiated (2) new
enforcement actions and eliminated (3) potential zoning problems. Jim is still working on some existing sign
problems - although most of the sign problems have been eliminated.
George Sulikowski mentioned that the lights on Hall
Hill Gardens extend out onto the road and are blinding to a motorist. Jim Taylor will investigate this.
VI. AUDIENCE COMMENTS:
Robert Anderson, Sunshine Farms
said he does not have a comfort level with the new metal manufacturing business
proposed for Birkenshaw's property on Sunshine Farms. He feels the residential neighborhood might be subjected to
excessive noise during late night operation of the business.
Peter Klein said the Commission has required a
Statement of Purpose for this proposed industrial business and the applicant
will have to meet the decibel requirements of the Zoning Regulations.
Mr. Anderson presented a photograph of Birkenshaw's
Egypt Road building which showed the lighting.
He said one of the lights was shielded on (3) sides and the other (2)
were only shielded on one side. He
feels all the lights should be shielded on (3) sides.
Mr. Anderson wanted to know when the required
landscaping will be completed at Birkenshaw's Sunshine Farms property.
Jim Taylor said that some of these trees will be
planted in conjunction with the approval of the site plan submitted for the
remainder of the lot. Mr. Anderson will
be given the information after the Commission knows what will be happening for
landscaping.
Mr. Anderson asked if he should come back at the
next meeting to see if he can get some answers to his questions. He asked about the status of the lighting.
Jim Taylor said he has contacted the Town Attorney
who is looking into the problem.
Angela Koehler of Sunshine
Farms is concerned about the aircraft parts manufacturing
business that may occupy Birkenshaw's Sunshine Farms industrial site. She is concerned there will be noise from
this manufacturing operation. She said
that Barry Dolby was banging away at midnight last night. She asked what kind of trucks will be coming
in and out of there.
Jim Taylor said this is an industrial zone. The trucks that are required to ship the
product will be coming in and out of the property. Because this is a Site Plan Application, conditions cannot be
attached. This approval is based on
complying with Zoning Site Plan regulations.
Peter Klein said that as long as the manufacturer is
not making excessive noise and as long as he does not have lights shining out
into the residential neighborhood and he meets the requirements of industrial
zoning, the Site Plan Application will be considered for approval. The Zoning Commission has asked for a
Statement of Purpose from the applicant.
This will be reviewed by the Zoning Commission.
VII. CORRESPONDENCE AND BILLS:
Patrice
Carson read a letter to the Commission from Debbie Slattery of Sunshine
Farms. She said she is against the zone
change and complained about the vehicles coming in and out of the industrial
sites.
Patrice Carson said no zone change has been
requested for that area.
VIII. ADJOURNMENT:
Motion to adjourn was made by Pat
Jones; seconded by Lise Wood and unanimously approved by the Commission. The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Marie Burnette, Secretary
Connie Carenzo, Recording Secretary