TOWN OF SOMERS

ZONING COMMISSION

P. O. Box 308

Somers, Connecticut 06071

ZONING COMMISSION MINUTES

2/3/03; 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; Lise Wood; Robert Martin; George Sulikowski; Marie Burnette and Alternate Jill Conklin. Also present were: Zoning Enforcement Officer Jim Taylor and Town Planner, Patrice Carson.

II. MINUTES APPROVAL: January 21, 2003

On Page 1, second paragraph, second line; remove the words "that has already been said".

Page 2; #6, change the word "Size" to "Type".

Page 4; lst paragraph; 7th line - change word "do" to "no".

Page 5; second line - put a space in between "State's" and "Plan".

Page 6; second paragraph; second line, change "wood" to "would".

Marie Burnette made a motion to approve the 1/21/03 minutes, as amended. This motion was seconded by Lise Wood and unanimously approved by the Commission.

III. OLD BUSINESS:

a. 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 Dog Obedience School, 430 South Road, Pleasant View Farms Realty for 2/18/03 at 7:00 p.m. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

V. NEW BUSINESS:

a. Discussion/Possible Decision: Site Plan Application for Snowmobile & Motorcycle Repair, 60 Sunshine Farms Drive (Unit C), Birkenshaw

Dave Birkenshaw and the proprietor of the repair shop presented the Site Plan to the Commission. The Planning Commission made a recommendation to approve this Site Plan Application. This is a proper industrial use of the building - according to the Plan of Conservation and Development.

Mr. Green presented a letter to the Commission from Advanced Liquid Recycling outlining how this company will dispose of the liquids used in this repair shop. He also presented a Statement of Purpose to the Commission.

Most of the repair work will be done inside the building. There will be no selling of snowmobiles or motorcycles. Hours of operation will generally be 8:30 a.m. until 5:00 p.m. Monday through Friday and 9:00 a.m. until 1:00 p.m. on Saturday. No hours on Sunday. It may be necessary to take the bikes out for a test drive after they are repaired. However, the test drives will try to avoid residential areas.

Lise Wood made a motion to approve the Site Plan Application for snowmobile and motorcycle repair, 60 Sunshine Farms Drive (Unit C). This motion was seconded by Robert Martin and unanimously approved by the Commission.

b. 2003/2004 Budget:

Patrice Carson said the Finance Board has requested that the Town budget be cut $100,000.00 for this fiscal year 2002/2003. The Board of Selectmen is actively looking for ways to accomplish this.

Patrice reviewed the 2003/04 budget draft with the Commission. The figures presented in the draft reflect an overall increase of 4.4%. Dues and Seminars budget amount of $500.00 includes a new member to replace Pat Jones to be trained at a cost of $800 to split over two fiscal years, plus staff training. The Commission has no control over the copier expense. The Selectmen are the ones who split the copier costs among the Land Use Commissions.

Jill Conklin suggested increasing the price of the Zoning Regulations that are available for sale in the Town Clerk's Office.

Jim Taylor said there is an error on his salary. His hourly rate should be $23.88 for a total salary of $14,328.00. Patrice Carson will make this adjustment.

Jim Taylor also talked about mapping and said that the zoning map needs to be updated. This will be accomplished when the GIS is up and running.

Patrice Carson said that when Jim Taylor's salary is corrected, the budget would reflect a 5.1% increase over the last fiscal year.

Lise Wood made a motion to approve the 2003-2004 Zoning Commission budget, as amended. Patrice Carson will check the printing cost for the Zoning Regulations and adjust the budget figure accordingly. This motion was seconded by Marie Burnette and unanimously approved by the Commission.

VI. STAFF/COMMISSION REPORTS:

Jim Taylor said he has certified (8) zoning permits and Certificates of Occupancy since the last meeting. He has initiated (2) enforcement actions and eliminated one. The firewood signs have been removed from the trees.

VII. AUDIENCE COMMENTS: There were none.

VIII. CORRESPONDENCE AND BILLS:

The Town Attorney and the Labor Attorney attended the Board of Selectmen meeting on June 4, 2001 to discuss audience participation at Board of Selectmen meetings. Their conclusions were that audience participation is not a requirement; (time limit should be placed on audience comments; the Selectmen should only listen and thank participant - not enter into dialog or debate and if issue is to be taken up, it can be done at a later time - if board wishes to - if placed on agenda that night, it needs a 2/3 majority vote.

If a citizen wishes to present items/issues: (a) they can raise the issue (b) selectmen can listen, but make no comments (c) public has no say in what items are to be or not to be placed on agendas.

George Sulikowski said he would like a more specific legal opinion. The function of the Zoning Commission is not to solicit public opinion. Problems should be taken to the Zoning Enforcement Officer. It would only come to the Commission if the ZEO can not resolve the issue.

George Sulikowski feels that the Town Clerk's comments at the last Zoning Commission meeting were "out-of-line". Patrice Carson said that the Town Clerk is the Town's expert on FOI issues; she was only speaking in general terms. George feels this was not an FOI issue.

BILLS:

One bill from American Business Machines for Land Use Supplies $40.12

There is a seminar available on Connecticut Land Use Law on Saturday, March l, 2003, from 8:00 a.m. until 4:00 p.m. at a cost of $35.00, if anyone is interested.

Patrice Carson said there would be some APA and CAZEO training sessions on Land Use Law that will be available at a much lower cost - only $5.00 per person. These sessions are conducted by lawyers and business people and should cover Planning, Zoning, ZBA and general Land Use Commissioner training.

Marie Burnette made a motion to approve payment of the bill; seconded by Robert Martin and unanimously approved by the Commission.

IX. ADJOURNMENT:

Motion to adjourn was made by Lise Wood; seconded by Marie Burnette and unanimously approved by the Commission. The meeting adjourned at 8:05 p.m.

Respectfully submitted,

Marie Burnette, Secretary

Connie Carenzo, Recording Secretary