TOWN OF SOMERS

ZONING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

ZONING COMMISSION MINUTES

1/21/03; 7:00 p.m.

Town Hall Auditorium

I. PUBLIC HEARINGS:

a. Proposed Amendments to the Zoning Regulations for Age-Restricted Housing (ARH) Regulation

Chairman Peter Klein called the public hearing to order at 7:00 p.m. Secretary Marie Burnette read the legal notice. A transcript of this public hearing can be made available.

Chairman Klein outlined the rules of a public hearing to the large audience in attendance. Chairman Klein turned the hearing over to Patrice Carson, Town Planner, to summarize the proposed amendments.

Patrice Carson said ARH developments would only be allowed in A-1 and Business zones.

In November, 2001, Commissioner George Sulikowski said that Somers has neglected the elderly. There should be something in the Zoning Regulations that allows elderly people to remain in Somers after they sell their large homes.

Patrice continued stating that Staff and members of an ARH Committee looked at what was available in other towns for ARH development. In December of 2001, (17) ARH regulations from other towns were given to the Commission for review. The Board of Selectmen officially supported ARH development in January of 2002. The Committee consisted of a banker, architect, developer and (8) other older residents who - along with Staff - worked diligently on drafting a regulation. Among the things the Committee looked at were protecting the environment, and septic systems for large types of housing units. There would be a two or three stage review of any ARH development. The Sanitarian and the Department of Health would review the septic systems to be sure that they would be adequate. Also, DEP could get involved. Any septic problems or failures would come to the Town for resolution. Steps would be taken to preserve the rural character of Somers. 30% of the buildable area has to be Open Space. Buffer areas between the ARH complex and adjoining properties will be required. An ARH complex would have to blend in with the rest of the Town.

ARH developments have to consist of a minimum of (20) acres - (10) acres of which are buildable. Public water must be available. Patrice presented a map with colored areas showing where these complexes could be built in Somers. There was a need to keep the density low so the maximum was set at (4) units per acre.

It was obvious that all of the needs of the elderly could not be met with subsidized units like Woodcrest. There should be something in between large homes and low income units.

The ARH regulation draft was given to the Zoning Commission for review in April of 2002 and sent on to the Town Attorney for his review in August of 2002. In November of 2002, the Planning Commission gave a favorable recommendation for approval of the ARH draft. The Planning Commission felt that this ARH regulation met the criteria of the conclusions and recommendations of #4 of the Housing Section of the Somers Plan of Conservation and Development which stated that the Town should amend the Zoning Regulations to establish different types of senior housing. CRCOG also gave a favorable recommendation and felt that it was within their guidelines of development.

Patrice Carson reviewed the specifics of the regulation with the audience - which consisted of at least (100) people.

1. Occupancy - one person 55 or older, spouse, one other person (21) or older.

2. Architectural renderings are required.

3. Traffic studies must be submitted.

4. Parking plan and plan for all movement within the site.

5. Septic plan

6. Type of units: single family - detached; (2) units; (4) units.

7. Plan of all recreational buildings on site such as swimming pools; club house, etc. as well as a landscaping plan.

8. No commercial or retail areas will be allowed, and no home occupations.

9. At least 100' of frontage on a Town road.

10. Maximum number of bedrooms: (3)

11. Minimum size: 900 square feet.

12. Must meet ADA requirements.

13. Open Space requirement (30%) must be met.

14. Private Association to stipulate the rules for the complex.

15. Bonding will be required.

16. Special Use Permits will be required that have an expiration date of (5) years but can be extended.

Chairman Peter Klein opened up the meeting to comments from the audience - asking for favorable comments first.

Janet Warnock, 80 Maple Street: identified herself as a member of the ARH Committee. She said she has always been very active in the community. She and her husband would like to remain in Somers. They have (3) children in college. After the children leave home, they would like to sell their large home and downsize. Woodcrest is not the answer. They will have financial limitations and can not stay in Somers. However, an ARH development would be the answer. It offers a quiet, safe community surrounded by neighbors in their age bracket. Her husband and she would like to spend their transition years in this type of environment. Most towns in Connecticut have already met this need for the elderly. The proposed ARH regulation has met all DEP requirements. There will be no young children, therefore, no financial impact on the school system. Just a higher tax base. Let Seniors remain active in the community and live a life style that maintains their dignity and pride. So many people have had to move out of Somers because there was no place to live after selling their large homes.

Ann Kirkpatrick, 133 Florida Road: agreed with everything Jan Warnock said. She strongly endorsed the ARH regulation. She said she has watched many elderly people move out of Somers that would have preferred to stay. ARH development would allow many people in this age bracket who have the time, the interest and the energy to give back to the Town. It would increase the tax base. It would not impact school enrollment.

Len Slaga, 37 Bobolink Lane: identified himself as a member of the ARH Committee. He said many seniors have left Somers because there was no place to go. Alternatives must be offered to people (55) or older. High density housing is not being proposed - no apartments; no condos. The Committee looked at ARH units in Enfield, Tolland, Suffield and East Windsor. The Committee received positive feedback from the Town Planners in these towns regarding ARH units. The septic system at the high school is larger than would be required for an ARH development. Mr. Slaga has also spoken with Sarah Overton at the CT DEP who has a positive feeling towards ARH development. She said any citizen can contact her for more information on these units. Approval of the ARH development regulation must happen - everybody wins.

Wesley Smith, 47 Juniper Hill Drive: lives in a two family duplex - has had no problems at all with this arrangement. He is in favor of ARH development and feels that it is about time that Somers developed such a regulation. There will be no burden on Town services. He believes there needs to be a balance for those that want their space and those that do not want it anymore. He feels confident that the Town Staff will not sell out the rural character of the Town.

David Pinney, Maple Street: asked if the review of ARH development would be under the purview of the Planning Commission. He feels that this is the Commission that should handle these applications as they come in. 30% of buildable area to be kept as Open Space. (4) units is the maximum. Does this open space have to be a contiguous block of land or can it be several parcels of land. He is definitely in favor of this regulation.

Karen O'Donnell, 521 Main Street: wanted to voice her support for this regulation. There are very few options in Town if an elderly person wanted to downsize. Some of these people have lived in Somers for thirty or forty years and want to stay here. These people helped make Somers what it is today. They need the availability of a different life style. It is a shame that so many elderly have moved out of Somers because there was no place to go. We must work for the older generation.

Henry Broer, 74 Hampden Road: said downsizing is a significant thing for many. He thinks that ARH development is a good idea and he is in favor of it.

Kathy Broer, 74 Hampden Road: supports all the positive statements that have already been said.

Steve Krasinski, 55 Wells Road: said he hopes that sidewalks, community buildings, etc. don't make these units too expensive for most people to buy. He also suggested that the Town stay away from DEP approval. The Town has the capability of handling ARH development on its own. He is definitely in favor of this regulation. He has watched many friends move out of town when they would have preferred to stay - but alternative smaller housing wasn't available. The ARH is good; people can downsize and stay in town. The Board of Finance will approve of the expanded tax base with no draw on town services. This is a win-win situation for everybody. He questioned the requirement for public water and said that a community well could work just as easily.

Dick Jackson, 35 Stillmeadow Lane: said that speaking as the First Selectman, he wanted to thank the Staff and the Committee for the excellent job they did in putting together this ARH regulation for presentation to the public. It is the right thing to do. As a private citizen, he supports this regulation. It will help our tax base. Keep our older citizens here in Somers.

Bill McGurk, 21 Stillmeadow Lane: feels there is a real responsibility to provide for our senior citizens. He is very much in favor of this proposal.

This concluded the first round of positive comments. Chairman Klein asked if there were any negative comments.

Ed Fedorowich, Stafford Rd.: said the purpose of the ARH regulation is to have people move out of their larger homes and into low maintenance smaller homes. Unfortunately, this regulation does not see to the financial needs of most of the seniors in town. He has looked at three towns regarding the price of ARH units: Vernon - average price $210,000; Longmeadow - average price $340,000; estimated price in Somers - $300,000. This does not fit into area income of $18,000 to $28,00 per year. This also does not include a monthly maintenance charge of at least $150.00 per month.

This regulation would allow cluster housing; apartments; condominiums, etc. - which is not what the people of Somers want. He talked about the massive failure of the Maple Ridge septic systems whereby a community septic system had to be installed. Also, the septic system at Woodcrest recently failed. Nobody monitors septic systems after they are in place.

Patrice Carson said that in any ARH complex, there would be a rigorous review of all aspects of a proposed septic system.

Mr. Fedorowich said this plan relies on a condo association. What if they fail to enforce these regulations? This proposed regulation opens the Town to development that has ruined the rural nature of Ellington. Ellington is talking about a housing moratorium. Reducing the required size of houses in town will lower our house value. Reject this regulation.

Eva Brown, 125 Watchaug Road: said she is an attorney who has looked over the regulation. What impact will this regulation have on pollution of the aquifer? Some of it has already been ruined by the pollution from the prison. We are fortunate to have so much water available in Somers. How do we properly protect our water supply? In Oregon, for instance, it is required to have (5) acres per well and (2) animals per acre. Union, CT has gone to (3) acre zoning. In Enfield, CT., an ARH development would require a public sewer system.

Eva Brown said she could not research the Committee's activities because there was no paperwork - such as agendas and minutes. The State's Plan of Conservation and Development has come up with one unit for (2) buildable acres. We are talking about great concentrations in one area. Look closely at property values - this could adversely affect them. Can people with wheel chairs live there? If you do not allow children, only 80% of the units have to comply. What do you mean by co-habitate? The Condo Association is not required to mandate these rules. Zoning must enforce these rules to make these rules work. She talked about the Federal Fair Housing Act. She talked about private roads in the complexes. She asked if emergency vehicles can get into these complexes in case of emergency. You have not had the Fire Department inspect this proposal and establish minimum standards. Four units per acre will present a lot of problems. It might be acceptable in the Somersville area. Eva Brown is not in favor of the ARH regulation.

Simon Lipton, 435 South Road: People come in with a map and show where they want to build a house. They don't check the soils to be sure that a septic system will fit in. This should be checked. There aren't enough people in the Town Hall to check on all the things that need to be checked like making sure the septic system is located on dry land. The aquifer takes care of itself. Lots of things have to be looked at.

Elwood Clifford, Bobolink Lane: had several questions. Can people be stopped from bringing children into these ARH homes and bring them up there. What if their child dies and the grandparents in the ARH house are the ones to bring up their grandchildren. What if a senior sells their house to downsize and a family with (8) children moves in. Then the Town will have to educate these children. Twenty houses could be sold to people with many children which would flood the school system. The regulation requires an engineered septic system; this could be a community septic system.

Chairman Klein asked if there were any more favorable comments.

Fred Meyer, 681 Main Street: said the burden on the aquifer would be much greater for a restaurant than for an ARH complex. He is definitely for this regulation.

Janet Warnock, 80 Maple Street: said the idea that this regulation was proposed to move everybody out of Woodcrest is ridiculous. Most of us can sell our homes and exchange that type of living for an alternative life style in an ARH unit. The idea of children is also ridiculous. This is an improvement. This is for the benefit of the seniors in town. Give the seniors some options.

Tony Pellegrino, Executive Director of Woodcrest: said there are (54) units in Woodcrest with (58) people in residence. There are two septic systems; only one of them failed and it has been repaired. Woodcrest uses about 3,700 gallons of water per day - which is not a lot. People are not all moving out - most of them are very happy where they are. He asked how many people in the audience know where Woodcrest is located? Woodcrest is an elderly complex run by the State. The State solves Woodcrest's problems or we solve them ourselves. Woodcrest is low income housing. We do need some other type of alternative elderly housing in Somers. Mr. Pellegrino is in favor of the ARH regulation.

Len Slaga, 37 Bobolink Lane: talked about the pricing of the ARH units. 900 square feet would be a small house that should be relatively inexpensive. The price will depend on the type of units erected, who develops the property. There is only a limited amount of land in Somers that could accommodate an ARH complex. Possible lawsuits are a fact of life- you can not live in fear of lawsuits. Other towns that have ARH development have worked out very well and have no negative impact on the towns in which they are located. If anything, property values have increased in these towns. This type of gated community has always worked with an Association making the rules. Mr. Slaga has confidence that those that are opposed to this regulation will be very vigilant in making sure that any ARH proposal meets the guidelines of the regulation.

Gil Rivard; Blue Ridge Mountain Drive: is definitely in favor of the ARH regulation. He would move into one of these units in a minute.

Patrice Carson remarked that the Staff and Committee visited ARH units in Ellington and East Longmeadow.

Kathy Devlin; 21 Long Hill Drive: is a Selectman and definitely supports the ARH regulation. She would like to stay in Somers during her senior years and continue to contribute to the town. The existence of an ARH development could make that possible.

John Cowles, 26 Lindell Drive: supports the ARH regulation. He talked about his mother moving into a small house in Bristol on an acre of land. She rarely visits her neighbors because it is too far for her to walk. In an ARH complex, she could have many friends close by and not be so lonely. As far as the cost of an ARH house, it would depend on supply and demand. These units will have to be a reasonable cost. Even if there are four units on an acre, more than half of these will be single occupants. ARH developments should have little or no negative impact on the town. Grandchildren will visit the ARH units but he was sure they would not want to live there. This is a good way to keep people in town.

Lee Hall, 91 Colton Road: Mr. Hall commended the people who put this regulation together. He has the utmost confidence on the professional staff of Somers. He has no reason to believe that a community septic system would not work. He is ready to move into one of these ARH units. He can not keep up his property the way that he used to. He wants low maintenance. Lee Hall would really like to stay in Somers and recommends approval of this regulation.

Linda LaCasse, 87 Main Street: said she is delighted about the ARH proposal. Several of her older friends - long time residents of Somers - have moved out because there is no alternative housing for them. These people were an asset to the town - helping the community in many ways. She belongs to the Women's Club and many of these members would like to move into this type of complex. It is about time that Somers celebrates the elderly.

Chairman Klein asked for the final round of opposition comments:

Eva Brown, 125 Watchaug Road: asked how the Commission was going to enforce the occupancy requirements of these units?

Patrice Carson said that this would be something that would be enforced by the Association.

Eva Brown said the Zoning Enforcement Officer does not have the power to enforce these occupancy requirements. Any violation of the occupancy requirements would have to go to Court. Also, the aquifer is being put at risk.

Blinkey Calder, Colorado Drive: complimented everyone concerned with the ARH project and the drafting of the regulation. Ms. Calder wonders whether it is inappropriate for the Zoning Commission to make a major addition to their regulations at this time. In her opinion, ARH regulation should be considered in the future - not now. It should wait until after the updating of the Plan of Conservation and Development.

Patrice Carson read several letters either in favor or against the ARH regulation.

Both Malcom and Joanne Chadbourne of 39 Lindell Drive and John Clark of 40 Lindell Drive are in favor of the ARH regulation.

Linda Poulin of 172 Springfield Road and Ed Fedorowich of Stafford Road are against the ARH regulation.

There were no more comments from the Commissioners or the audience.

Lise Wood made a motion to close the public hearing; seconded by George Sulikowski and unanimously approved by the Commission. The public hearing was closed at 8:44 p.m.

There was a brief recess.

II. CALL TO ORDER:

Chairman Peter Klein called the regular meeting to order at 8:55 p.m. Members present were: Peter Klein; Marie Burnette; Lise Wood; George Sulikowski. Alternate member, Jill Conklin, was present and seated for Robert Martin. Also present were: Jim Taylor, Zoning Enforcement Officer and Patrice Carson, Town Planner.

III. MINUTES APPROVAL: 1/16/03

On Page 3, first paragraph, 6th line, the word "re-train" was changed to "retain". Page 5, 3rd paragraph - sentence deleted after the word "asked" and substituted with "for clarification of the location of 58 Battle Street (Simmons)". Page 5, Paragraph 13; delete first line after "Selectman", substitute "agreed with George Sulikowski that the number of campouts should not be controlled."

Lise Wood made a motion to approve the 1/16/03 minutes, as amended. This motion was seconded by George Sulikowski and unanimously approved by the Commission.

IV. OLD BUSINESS:

a. Discussion/Possible Decision: Proposed Amendments to the Zoning Regulations for Age-Restricted Housing (ARH) Regulation

It was the consensus of the Commission that they were ready to vote on this issue.

Lise Wood made a motion to approve the proposed amendment to the Zoning Regulations for Age-Restricted Housing (ARH). This motion was seconded by Marie Burnette and unanimously approved by the Commission. This regulation would be effective February 1, 2003.

b. Special Use Permit Application for Dog Obedience School, 430 South Road, Pleasant View Farms Realty - Set Public Hearing

Lise Wood made a motion to set the public hearing date for a Special Use Permit Application for a Dog Obedience School at 430 South Road for February 3, 2003 at 7:00 p.m. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

c. Discussion: Zoning Regulations Concerning Kennels

Patrice Carson will send the proposed regulation to the Town Attorney and CRCOG for their recommendations and comments.

d. Review/Adopt Bylaws:

George Sulikowski said the only change to the Bylaws that was discussed at the last meeting was the insertion of a second "Audience Comments". George feels that the Commission could have legal problems with allowing the audience to comment on agenda items that haven't even been discussed by the Commission. George said to allow the audience to come forth and speak on items on the agenda is almost like having a public hearing. This is not allowed by our regulations. George was not opposed to the public speaking on items that have already been reviewed by the Commission. This Commission should leave the "bush league" and move up to the "professional" league. The Commission can not give intelligent answers to audience questions on an agenda item that has not been reviewed by the Commission. George recommended that a person go to the professional Staff with any questions and then get placed on the agenda for discussion. George Sulikowski feels there should only be one "Audience Comments" at the end of the agenda.

Peter Klein said that originally there were always (2) "Audience Comments". The Zoning Commission is one of the few commissions that only has one area of "Audience Comments". If the Commission has already done its business on an agenda item, what is the good of "Audience Comments" after the fact. Peter Klein is in favor of (2) "Audience Comments" areas on the agenda.

George Sulikowski said allowing people to speak on items that have not been discussed by the Commission is not a good thing.

Jim Taylor asked if the Commission should research this through the Town Attorney. There could be ramifications in taking comments on a Site Plan Review because it is not a public hearing.

Lise Wood remarked that if the Commission does not make a decision on a public hearing, then it is carried over to the next meeting.

Marie Burnette said that audience comments in the beginning and end of the agenda could give the Commission information they need to make a decision on an agenda item.

George Sulkowski said the Staff is the place to go with questions.

Jim Taylor said we need a legal opinion if the Commission is in doubt as to how to proceed.

Peter Klein suggested tabling this until we get an opinion from the Town Attorney.

Lise Wood made a motion to take the second "Audience Comments" off the agenda - the one proposed at the beginning of the agenda - and leave the Bylaws the way they are at the present time. This motion was seconded by George Sulikowski. The vote was: (3) in favor (Wood, Sulikowski and Conklin); (2) oppossed (Klein and Burnette); (0) abstentions. The motion passed. The Bylaws stay as they are.

V. NEW BUSINESS:

a. Modification of Special Use Permit Application for Boy Scout Hall, 78 Battle Street, Cowles

John Cowles discussed the fence with the arborvitae on the outside of the fence. He suggested that the fence could be green and the arborvitae planted on the inside of the fence. This color would make the fence less obvious. It would be difficult for the Scouts to take care of these trees without going onto someone else's property.

Fred Meyer, the owner of the property donated to the Scouts, said he originally had asked that a fence be erected. The Scouts are paying for the fence. Mr. Meyer said he could forego the fence and save the Scouts some money.

Jim Taylor said the arborvitae could be brought in far enough so that the Boy Scouts could care for them on their own property.

Lise Wood asked if the Commission needed another public hearing because of this change.

Jim Taylor said this is just a Site Plan modification and should not require another public hearing.

Peter Klein was agreeable to eliminating the fence and planting the arborvitae only.

Lise Wood asked if eliminating the fence should be put in writing.

John Cowles said he would rather not have the fence. The arborvitae will be planted 6' on center and should give the Scouts a natural boundary for their property.

George Sulikowski made a motion to alter the Site Plan for a Boy Scout Hall at 78 Battle Street to eliminate the requirement for a fence around the property and recommend the planting arborvitae, 6' on center. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

b. Site Plan Application for Snowmobile & Motorcycle Repair, 60 Sunshine Farms Drive (Unit C), Birkenshaw

Dave Birkenshaw presented a Site Plan for Unit C, 60 Sunshine Farms Drive, for a snowmobile and motorcycle repair shop. The Commissioners said the applicant may need a DEP permit for disposal of fluids. All fluids will be collected in a sealed container, removed from the premises and disposed of properly. All repairs will be done inside the building. There are no floor drains in the building. The floors are sealed. There will be no storage of vehicles outside the building.

Lise Wood made a motion to accept this Site Plan Application and refer it to the Planning Commission for their comments and recommendation. This motion was seconded by Jill Conklin and unanimously approved by the Commission.

VI. STAFF/COMMISSIONER REPORTS:

Jim Taylor said he has certified (10) applications for Zoning permits or Certificates of Occupancy, initiated (3) new enforcement actions and eliminated (2) enforcement actions.

Peter Klein said that the Springfield Road business area has another car for sale. Jim Taylor said his Cease & Desist order was sent back to him. His option now would be to have a Sheriff deliver the Cease & Desist order. Jim Taylor will pursue this avenue of enforcement. On a commercial property, the owner cannot sell anything beyond what his permit is for.

Jim Taylor asked Peter Klein to review the street lights on Field Road to see if he agrees with Jim's assessment of which lights will have to be removed. Jim Taylor is working with CL&P to get the light posts fixed and new lights installed. Any new lighting has to conform with the Zoning Regulations.

George Sulikowski said there are several signs nailed onto trees advertising wood for sale. These signs are too high on the trees to be easily removed. Jim Taylor will look into this.

VII. AUDIENCE COMMENTS:

Ann Logan, Town Clerk: said that "Audience Comments" is a courtesy to the public. It is for the public to comment to the Board without the Board commenting back. They want the entire Board to be aware of a certain situation - not just the Staff. Ann said she believes the Town Attorney has already commented on this issue. She will locate his opinion and give it to the Town Planner.

VIII. CORRESPONDENCE AND BILLS:

Journal Inquirer (public hearing) $125.92

CAZEO Dues - Carson $25.00

CAZEO Luncheon (Design Review Board) $20.00

Patrice Carson wrote a letter of appreciation to Pat Jones for her many years of service to the Zoning Commission. Patrice also suggested that $50.00 be allocated towards a gift certificate for Pat Jones as well as each member of the Commission making a personal donation towards this gift certificate.

Marie Burnette made a motion to pay the bills and allocate $50.00 from the Supplies budget towards a gift certificate for Pat Jones. This motion was seconded by George Sulikowski and unanimously approved by the Commission.

IX ADJOURNMENT:

Motion to adjourn was made by Marie Burnette; seconded by George Sulikowski and unanimously approved by the Commission. The meeting was adjourned at 10:00 p.m.

Respectfully submitted,

Marie Burnette, Secretary

Connie Carenzo, Recording Secretary