MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

TOWN OF SOMERS

Zoning Board of Appeals

Regular Meeting Minutes/Public Hearing

Thursday, February 13, 2003

Call To Order

Chairman John Torres called the meeting to order at 7:35 P.M..

Members Present

Chairman John Torres, Secretary Pamela Lloyd, Jim Beaulieu, Dan Scully, Jim Meagher, Jr., and Ken Young; absent, Edward Mack.

Alternate Jim Meagher, Jr. will be seated for absent member, Edward Mack.

Alternate Ken Young will be seated for Pamela Lloyd during the Public Hearing portion of the meeting.

Public Hearing

Paul and Janelle Goodnight

Chairman Torres called the public hearing to order at 7:36 P.M.. The legal notice was read. Alternate ZBA member Ken Young was seated for ZBA member Pamela Lloyd. Chairman Torres passed out information outlining the variance application to Board members, the Applicant and abutters. A written letter of opinion was submitted by the Town Engineer, Merv Strauss which included suggestions to rectify the situation. Chairman Torres also submitted a letter received from ALS, Assoc. Chairman Torres reviewed the last public hearing regarding the Goodnight’s request for a variance from A Section 214-21 requirement of 10 feet for a side-yard setback for the location of a driveway at Lot #11, Mulberry Lane.

Additional topographical drawings of the property were submitted by William Palmberg and Sons. Photos taken by the Zoning Board of Appeals (ZBA) and Abutters (Stone) were also submitted.

Contractors Steve Barnes and Richard Leno approached the Board with their opinion. Property owners for the variance and abutters also approached the Board. Abutters (Green) did not object to the variance. Although the Stone’s were concerned about the 1' encroachment affecting their children’s play area for safety reasons, they would be willing to make concessions and agree to the variance if the ZBA would make additional plantings outside their kitchen window conditional of the variance by the Goodnight’s. After conferring with the Town Planner, ZBA Chair stated the Board does not have the authority to impose such a condition and the private parties involved must make that agreement on their own.

After much discussion and several opportunities by the Chair to allow the parties involved to resolve the planting issue privately which was not acted upon, a motion was made by Board member Dan Scully to close the public hearing, seconded by Board member Ken Young. Motion approved unanimously and the public hearing was closed at 8:50 P.M..

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

Town of Somers

ZBA Regular Meeting/Public Hearing Minutes

2/13/03 Contd.

Page 2

The regular ZBA meeting continued at 8:52 P.M..

Minutes Approval - December 12, 2002 and January 16, 2003

Motion made by ZBA member Jim Beaulieu to approved the ZBA Regular Meeting Minutes for 12/12/02 as presented; seconded by ZBA member Pamela Lloyd. Motion approved unanimously.

Motion made by ZBA member Pamela Lloyd to approve the ZBA Special Meeting Minutes for 1/16/03 as as presented; seconded by ZBA member Dan Scully. Motion approved unanimously.

Public Hearing Discussion/Decision

Paul and Janelle Goodnight

ZBA Board member Pamela Lloyd recused herself from the vote for personal reasons. Alternate ZBA member Ken Young was seated. The Board discussed the issue of whether to excavate or not to excavate the property to allow for the variance. The Chairman asked the Board to vote. ZBA member Jim Beaulieu voted to end discussion and approve the variance without excavation, placing a motion on the table; ZBA member Ken Young voted to end discussion and approve the variance without excavation, seconding the motion. Motion approved unanimously.

ZBA member Pamela Lloyd was re-seated.

Old Business

1. Review status of video camera addition for ZBA use.

2. Review status of identification badges for ZBA use.

ZBA member Ken Young presented research of recommended digital camera and television with prices. Chairman Torres will discuss with the Land Use Department on purchasing this equipment. ZBA member Jim Meagher, Jr., volunteered to take ZBA photos as needed in the future if equipment is provided.

Chairman Torres updated the Board on the identification badges stating he has been unable to get feedback from Board of Selectmen secretary due to her absence but will follow up.

No other old business.

New Business

Review 2003/2004 budget request needs as directed by Edward J. Sullivan, Treasurer.

Chairman Torres presented a budget outlining the increases for 2003/2004 and 2004/2005. The Board agreed and the budgets will be given to the Town Treasurer.

MINUTES ARE NOT OFFICIAL UNTIL APPROVED AT A SUBSEQUENT MEETING.

Town of Somers

ZBA Regular Meeting/Public Hearing Minutes

2/13/03 Contd.

Page 3

No other new business.

Correspondence

Review memo from Ann Logan, Town Clerk concerning posting of agendas and minutes.

Chairman Torres provided a copy to Secretary Pamela Lloyd and Administrative Clerk Candida Daigle for review of requirement to file notices.

Bills

Motion made by ZBA member Jim Beaulieu to approve all bills presented including advertising for the Journal Inquirer in the amount of $204.62; seconded by Jim Meagher, Jr. Motion approved unanimously.

Adjournment

Motion made by ZBA member Dan Scully to adjourn the meeting; seconded by ZBA member Pamela Lloyd. Motion approved unanimously. The meeting adjourned at 9:37 P.M.

Respectfully submitted,

Candida M. Daigle

ZBA Recording Secretary