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
1/6/03;
7:00 p.m.
Town Hall
I. PUBLIC HEARINGS:
a. Special
Use Permit Application for Boy Scout Hall, 78 Battle Street, Cowles
Chairman
Peter Klein called the public hearing to order at 7:02 p.m. Secretary Marie Burnette read the legal
notice. A transcript of this public
hearing will be available.
John Cowles said that since the Boy Scouts have been
forced to meet at the Kibbe-Fuller School, membership has dropped from (33) to
(20) scouts. There is no room for
storage at Kibbe-Fuller and all projects have to be dismantled and taken away
from the site. The Boy Scout Hall project
is co-sponsored by the Rotary Club and the land for the building has been
donated to the Boy Scouts.
John Cowles presented a rendering of the proposed
building and surrounding area. The
building is a log cabin, 24' x 58', with a full-length front porch. Inside, there will be (4) rooms and a Great
Room. There will be a full basement and
a handicapped accessible bathroom.
There is a 50 foot right-of-way so that Fred Meyers
can access his property in the back. The
building will be used for weekly Boy Scout meetings, den meetings, social
functions associated with scouting and maybe a camp-out in the back of the
building during the summer. The building will be 50' back from the road
and is at least 25' off the property line.
The rendering shows a parking area and the property will be enclosed by
a chain link fence to keep the scouts on their own property.
There will be a handicapped ramp. No permanent lights outside - just motion
detection lights. The parking lot would
be illuminated by box type lights that would shine down into the parking lot.
Maximum capacity of the building will be (120)
people. Arborvitae trees will be
planted around the property to obscure the property from abutting residential
properties.
Chairman Klein asked for audience comments that are
in favor of this Special Use Permit application.
Bill Durrell, Winwood
Circle: said
he is Scoutmaster of Troop 387. This
proposed hall will be a great place for the scouts to meet. Long-term projects are suffering because all
material must be removed from Kibbe-Fuller after each meeting.
Chairman Klein asked if there were any negative
comments.
Greg Simmons, 100 Battle
Street: Mr. Simmons said that the Boy Scouts are a
great organization. He has nothing
against the Scouts. However, his
parents - Ronald and Janice Simmons - live at 58 Battle Street and he feels
that the proposed Boy Scout Hall would cause them problems with traffic, lights
in the parking lot and become a general nuisance to any neighboring
property. He feels that residential
property values would decrease because of the Boy Scout Hall. The Boy Scouts will create a noise problem
with their overnight camp-outs. He is
also concerned about water run-off and pollution from driveways and parking
lots. This is a great idea - but not in
a residential neighborhood.
Patricia Flannery, 62 Battle
Street: She is the next-door neighbor to the proposed Boy
Scout Hall site. She is not in favor of
sensor lights around the building for security reasons. She also is not in favor of free-standing
lights in the parking lot that will shine onto her property. She feels the Hall will attract vandals,
skateboarders, etc. and the site should be patrolled by the police on a 7 day a
week, 24 hours a day basis.
She is concerned about drainage onto her
property. She is concerned about the
traffic issue. Cars do not travel on
Battle Street at 30 mph. All vehicles
go faster than that. There are two
motorcycles that constantly travel too fast on Battle Street. She feels that traffic could be a danger to
the scouts.
She is also concerned about the camp-outs. Twenty-five or thirty adolescent boys around
a campfire are not going to be quiet- also ashes from the fires could be a
safety hazard. If the building can hold
120 people, there would definitely be traffic problems during the larger
functions in the building.
Lastly, there are a large number of adult female
turkeys that roam that field with their young.
If the Hall goes up, the wildlife would be gone.
Alice Formeister, 35
Mountain Road: She is opposed to the Hall for most of the
reasons already expressed. This does
not belong in a residential neighborhood.
There is high speed travel on Battle Street. The people at Woodcrest would be bothered by this Hall. A property surrounded by a chain link fence
is not attractive in a residential neighborhood. There is also hunting in the area.
Gilesie Ortiz, 39 Pioneer
Heights: does not think the Boy Scout Hall belongs on Battle
Street in a residential neighborhood.
Thinks it should be located in a business-zoned area.
Fern Helkin: said
the Boy Scouts are wonderful - but not in a residential neighborhood.
The following are favorable comments:
Steve Minikowski, 66 Four
Bridges Road: said he has enjoyed working with the Boy Scouts and
feels that the organization has done a lot to develop character and a sense of
responsibility in these boys. The land
for this hall was donated - how often does that happen? The Scouts meet only once a week. Possibly the chain link fence could be
eliminated if the neighbors think it would be an eyesore. There has been a drop in membership because
there isn't a permanent meeting place.
The Scouts will not change the traffic pattern. It would be up to the Zoning Commission if
the Hall were used for other purposes.
John Mapo, Scully Road: He
has been involved with the Boy Scout program for about ten years. He feels the Boy Scout Hall will have a
positive effect on property values.
There should be no change in the traffic pattern. Most scouts are too young to drive and are
dropped off and picked up by their parents.
The property will be meticulously maintained by the scouts. The Boy Scout program is the best drug and
violence prevention program in the country right now. The Scouts would like to re-train more of these kids. A nice place to meet would certainly enhance
this. He urged the Commission to adopt
this plan. This would be a beautiful
facility. It would be right across from
Woodcrest and many of the older people like to watch the kids in their
activities.
Patrice Carson, Town
Planner: reported on the Planning Commission's review
of this Special Use Permit application.
Box lighting in the parking lot was added to the plan at the request of
the Zoning Commission. Patrice verified
that a public road cannot be put in from Battle Street. Merv Strauss recommended that the pavement
be increased from 1" oil and stone macadam to at least three inches to
slow down deterioration. This was
agreed to by Mr. Cowles. Mr. Cowles
also agreed to Merv Strauss' recommendation that the trees along the fence be
placed 6' on center rather than 10' on center.
Traffic issue was discussed and it was the consensus of the Planning
Commission that the addition of the Boy Scout Hall would generate no more
additional traffic than that of a single family house.
From a Planning perspective, this area of Battle
Street is a transitional area. There is
a school, a church, a cemetery, a gravel bank and an elderly housing complex in
this area before Battle Street turns into a purely residential area.
Merv Strauss also reviewed the line of sight for the
driveway exit and found it to be acceptable.
Merv also indicated that he had no concerns with the water run-off from
the pitch of the land.
The Planning Commission voted to recommend approval
of this Special Use Permit to the Zoning Commission with the changes mentioned
above.
Peter Klein asked if other people would be using
this building.
John Cowles said the use of the building could be
limited to scouting organizations.
Jim Taylor said the Commission could make this a
condition of approval.
Peter Klein confirmed with John Cowles that the
Rotary Club would not be using this building for their meetings.
John Cowles said the Boy Scouts would probably only
want to camp out on the premises once a year.
Bill Durrell talked about camping out. There are very strict codes for fires in the
Boy Scouts. They have to earn a merit
badge. There will be no bon fires.
Fern Helkin asked how many boy scouts there are
presently and was told (19) scouts are enrolled. Any big camp-out would be held at Camp Ayopo.
John Cowles said the parents of the scouts would
only come to the hall twice a year for awards ceremonies.
Margaret Perkinson said her son is enrolled in the
Boy Scouts and she is very impressed with the scouts and what they have done
for her son. She has a great deal of
respect for the Boy Scouts. She said
the Eagle Scouts have done several projects that have benefited the Town of
Somers.
Bill Durrell talked about the Eagle Scout projects
in town. One of the projects was to put
numbers on houses large enough to be seen from the road. Four other Eagle Scouts constructed picnic
tables and benches for the parks and for seniors to use on Main Street. Another project was to identify veterans in
the cemeteries and create a web site.
Bill Durrell's son built the handicapped fishing platform at Somersville
Dam.
Patricia Flannery said there is a 50' right-of-way
to Fred Meyer's property in the back.
She heard he has a small firearm business. What if a firearm being transported for repair went off - she considers
this dangerous. She feels the
arborvitae will not grow fast enough to shield the area from her property.
Greg Simmons reiterated his position that the Boy
Scouts are a great organization but their meeting house should not be located
in a residential zone.
Lise Wood made a motion to close the public hearing;
seconded by Robert Martin and unanimously approved by the Commission. The public hearing closed at 7:59 p.m.
II. CALL TO ORDER:
Chairman
Peter Klein called the meeting to order at 8:00 p.m. Members present were:
Peter Klein; Marie Burnette; George Sulikowski; Lise Wood and Robert
Martin; AlternatesRoy Slater and Jill Conklin.
Patricia Jones sent in a letter of resignation from the Zoning
Commission to the Board of Selectmen, effective immediately. Alternate Robert Martin was appointed by the
Selectmen to the Commissioner position until 12/07 - effective
immediately. This Commissioner
appointment will have to be approved at a future Town Meeting.
Also present were:
Jim Taylor, Zoning Enforcement Officer, and Patrice Carson, Town
Planner.
III. MINUTES APPROVAL: November
18, 2002
Lise Wood made a motion to approve the 11/18/02 minutes, as written. This motion was seconded by George Sulikowski and unanimously approved by the Commission.
IV. OLD BUSINESS:
a. Discussion/Possible Decision: Special Use Permit Application for Boy Scout
Hall, 78 Battle Street, Cowles
Robert
Martin asked if the chain link fence was necessary in order to keep the Boy
Scouts on their property. If it is necessary,
could the arborvitae be placed on the outside of the fence to obscure the fence
from the neighboring properties.
Patrice Carson pointed out on the site plan the
various properties that would be near or across the street from the proposed
Boy Scout Hall.
Peter Klein verified that Merv Strauss said the line
of sight is adequate.
Marie Burnette asked and was told that the street
address of the proposed hall would be 78 Battle Street.
Peter Klein agrees that it is preferable to place
the arborvitae outside the fence and verified that the fence would be 6' high.
Roy Slater said there is an existing tree line and the camping activities would probably be back in that area. Also, a fire drum could be used for a camp fire.
Lise Wood indicated her approval of the plan.
George Sulikowski approves of the plan and remarked
that the Hall adds just one more mixed use to the area - which is already mixed
uses. He might feel differently if this
was a purely residential neighborhood.
Peter Klein approves of the plan and remarked that
this is a permitted use in this area.
Also, no one else has offered to donate land to the Scouts.
George Sulikowski remarked that the positives seem
to exceed the negatives.
George Sulikowski said the Commission can place some
limitations on the permit.
Peter Klein said events should be limited to
scouting only - no Sportsmen Club, etc.
The hall will not be used nightly.
Patrice Carson said the shoebox lights in the
parking will only be on when the building is in use. All lighting will be shielded.
Dick Jackson, First Selectmen, does not think the
number of campouts should be controlled.
He feels this building will be a welcome addition to all Town Scouting
groups and should be available to Boy Scouts, Cub Scouts, Brownies and Girl
Scouts.
Lise Wood made a motion to approve the Special Use Permit Application for Boy Scout Hall at 78 Battle Street with the following conditions:
1. Use is limited to Scouting groups only.
2. All lighting will be shielded. An acceptable lighting plan will be worked
out
with Jim Taylor, Zoning Enforcement Officer.
3. The arborvitae plantings will be placed
on the outside of the fence.
Marie Burnette seconded the motion which was
unanimously approved by the Commission.
Lise Wood made a motion to add the following item to
Old Business, Item (b), to the agenda.
This motion was seconded by Robert Martin and unanimously approved by
the Commission.
b. Discussion - Draft of Age Restricted
Housing (ARH) as a Proposed Amendment to the Zoning Regulations
Patrice
Carson said the purpose of this item is to set a public hearing date for the
proposed ARH amendment to the Zoning Regulations. She pointed out the changes made by the Planning Commission which
have already been incorporated into the draft.
The Commission will have time to review the latest draft before the
public hearing date. CRCOG felt the
amendment was okay as written.
Marie Burnette made a motion to set a public hearing
date for the proposed amendment to the Zoning Regulations for Age Restricted
Housing for Tuesday, January 21, 2003, at 7:00 p.m. This motion was seconded by Lise Wood and unanimously approved by
the Commission.
V. NEW BUSINESS:
a. Application for Renewal of Special
Use Permit for Flea Markets & Auctions 430 South Road, Pleasant View Farms
Realty
Jeff
Lipton asked that his Special Use Permit be renewed for basically the same type
of functions; flea markets; auctions; etc.
The Commissioners remarked that they have never
received a complaint about the activities held on this property in the past.
Lise Wood made a motion to waive the public hearing
and renew the Special Use Permit for Flea Markets & Auctions at 430 South
Road for the period from January 1, 2003 until December 31, 2003. This motion was seconded by Marie Burnette
and unanimously approved by the Commission.
b. Special Use Permit Application for
Dog Obedience School, 430 South Road Pleasant View Farms Realty
Jeff Lipton said that he
has a farm building that has been used for the past two years for a dog
obedience school on Tuesdays only.
There is no equipment involved - they just utilize the big open space of
the barn. The operators of this school
were recently cited by the State to obtain a license to do this type of
training. The license requires the
signature of the Zoning Enforcement Officer.
Therefore, a Special Use Permit must be obtained.
This Special Use Permit Application must go to the
Planning Commission for their recommendation; then a public hearing date will
be set.
Lise Wood made a motion to accept this Special Use
Permit Application and refer it to the Planning Commission for their comments
and recommendation. This motion was
seconded by Robert Martin and unanimously approved by the Commission.
c. Election of Officers:
Marie
Burnette nominated Peter Klein for Chairman of the Zoning Commission. Robert Martin seconded the motion. The vote was unanimous.
Marie
Burnette nominated Lise Wood for Vice-Chairman of the Zoning Commission. George Sulikowski seconded the motion. The vote was (4) in favor; (1) opposed. The motion passed.
Robert
Martin nominated Marie Burnette for Secretary of the Zoning Commission. Lise Wood seconded the motion. The vote was unanimous.
d. Review
Bylaws:
Marie
Burnette suggested having two "Audience Comments" on the agenda -
adding the second "Audience Comments" after "Minutes
Approval". The first
"Audience Comments" would be to comment on agenda items only.
Robert Martin agreed that "Audience
Comments" should relate to agenda items only.
George Sulikowski was not in favor of the change to
two areas of "Audience Comments".
However, it was the consensus of the Commission by a
vote of (3) in favor; (2) opposed; that this second "Audience
Comments" section will be added.
Patrice Carson will prepare the amended Bylaws for a
vote at the next Zoning meeting.
e. Other:
Resignation of Patrice Jones:
It was the consensus of the Commission that a letter of
commendation for her many years of dedicated service to the Zoning Commission
should be sent to Pat Jones. Patrice
Carson offered to prepare such a letter for the Commissioner's signature.
VI. STAFF/COMMISSIONER REPORTS:
Jim
Taylor reported that he had certified (19) applications for zoning permits and
Certificates of Occupancy since the last meeting. He initiated (9) enforcement actions and eliminated (5)
violations. These violations mostly
involved signs, lights and junk cars.
Roy Slater said the Dzen garden building was not
built according to the original plan.
Jim Taylor said he did receive a complaint from a neighbor saying a
light was shining onto his property.
Jim asked Mr. Dzen to eliminate this light - which he did - and the
neighbor is satisfied.
Jim has been working with CL&P about the
lighting on Field Road. Some of these lights
will have to be removed.
Jim Taylor said there is a legal action pending
against Dave Birkenshaw for a lighting problem on one of his buildings.
VIII. CORRESPONDENCE AND BILLS:
Patrice
Carson reported that there is a free workshop on Thursday, February 20, from
7:00 to 9:00 p.m. in Vernon on erosion and sediment control guidelines - if
anyone is interested in attending.
There were three bills from the Journal Inquirer:
11/4/02
meeting $55.09
11/18/02
meeting $70.83
11/18
public hearing $144.66
Robert Martin made a motion to pay the bills;
seconded by Lise Wood and unanimously approved by the Commission.
The Town Attorney sent a letter to Robert Anderson
and Angela Koehler who wanted to appeal the Zoning approval of Birkenshaw's
storage buildings through the ZBA. The
ZBA will not be hearing their appeal - if they wish to appeal, it must be done
through the court system.
It was noted that the Chairman skipped over
"Audience Comments", so the Commission will go back to Agenda Item
VII, Audience Comments.
VII. AUDIENCE COMMENTS:
Fred Meyers, 681 Main Street: asked if the Commission
would reconsider placing the arborvitae on the outside of the chain link fence
as the Boy Scouts will have to go all around the fence to take care of the
trees. It was the consensus of the
Commission to stay with their original condition of approval to shield the
property from the neighbors.
David Hayes, 176 County Road: spoke about the County
Road subdivision. He said there are
multiple zoning violations in this subdivision and suggested that no more
Certificates of Occupancy are issued until the violations are corrected.
All of the supposed zoning violations mentioned by
Mr. Hayes were not zoning issues and should be brought to the attention of
either the Planning Commission or the Conservation Commission.
Elaine
Hayes, 176 County Road: said she has been asking for a zoning map
showing the ridge line since last November and nobody has been able to find
it. She also feels that neither the
Zoning Enforcement Officer nor the Wetlands Office have been cooperative in
resolving her concerns for her property.
Mrs. Hayes was told that any suspected zoning
violations have to be submitted in writing to the proper Staff member before an
investigation will be initiated.
IX. ADJOURNMENT:
Motion to adjourn was made by Lise Wood; seconded by Robert Martin and unanimously approved by the Commission. The meeting adjourned at 9:30 p.m.
Respectfully
submitted,
Marie
Burnette, Secretary
Connie
Carenzo, Recording Secretary
MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.